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Agenda 08-21-07 The City of Bo'ynton B,each 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA AUGUST 21, 2007 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor Ron Weiland Commissioner - District I Mack McCray Commissioner - District II Carl McKoy Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney DISTRI T I Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES Be. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings. II · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA August 21, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY Be. SPECIAL EVENTS Be. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. Discover Afterschool - October 18, 2007 b. C. Stanley Weaver -- Citation c. Firefighter Appreciation Month - September, 2007 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> 1 Agenda Regular City Commission Boynton Beach, FL August 21, 2007 V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date IV McKoy Arts Commission Alt 9 mo term to 12/07 IV McKoy Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (2) III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2) III Rodriguez Cemetery Board Alt 9 mo term to 12/07 Tabled (2) Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 Tabled (2) I Weiland Code Compliance Board Alt 9 mo term to 12/07 Tabled (2) Mayor Taylor Community Relations Board Alt 9 mo term to 12/07 Tabled (3) I Weiland Community Relations Board Alt 9 mo term to 12/07 I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled (2) II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2) III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2) IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (2) Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (2) II McCray Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (2) Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2) I Weiland Veterans Advisory Commission Reg 33 mo term to 12/09 Tabled (2) II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Agenda Preview Conference - August 3, 2007 2. Regular City Commission - August 7, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Award piggyback to the City of Palm Bay, FL, RFP/Contract No. 39-0- 2007/SB with Aquifer Maintenance and Performance Systems, Inc. (AMPS) for well rehabilitation services for an estimated annual expenditure of $300,000. 2 Agenda Regular City Commission Boynton Beach, FL August 21, 2007 2. Approve Birdie Golf Ball Company to Retrieve GOLF BALLS FROM THE NINE (9) LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE, in consideration of $5,450 annually paid to the golf course. (Proposed Resolution No. R07-091) 3. Approve a contract for Design Services for $273,200 to Glatting Jackson to provide construction documents, bidding assistance and construction review for the Congress Avenue Community Park and Boundless Playground RFQ #028-2730-07/0D in the amount of $273,200. (Proposed Resolution No. R07-092) 4. Authorize the purchase of two (2) Lime Paste Slakers, Series A-758 for the East Water Treatment Plant for a total amount of $143,336. C. Resolutions 1. Proposed Resolution No. R07-079 RE: Amending Rule #17 and Rule #3-M of the Cemetery Rules & Regulations.{Tabled to August 7, 2007) (Request to table to August 21, 2007) 2. Proposed Resolution No. R07-093 RE: Amending the lease agreement for Cingular's (formerly Bellsouth Mobility) telecommunications tower at 300 East Woolbright Road (City's Little League Field site) allowing an extension of the lease agreement and a new provision for an option to expand the lease area by an additional 16 feet by 20 feet for potential future co-locations. 3. Proposed Resolution No. R07-094 RE: Approving and authorizing execution of Task Order No. U07-4-3 with Camp Dresser & McKee Inc. (CDM) for the initial design of an on-site sodium hypochlorite generation system, to be located at the East Water Treatment Plant in the amount of $52,609. 4. Proposed Resolution No. R07-095 RE: Approving and authorizing execution of an agreement with Palm Beach County in furtherance of an approved invasive non-native plant species removal project for Quantum Park site. 5. Proposed Resolution No. R07-096 RE: Approving and authorizing execution of an amendment to Interlocal Agreement (R2003- 0174) with Palm Beach County for the operation of the radio system keeping the agreement in force until February 4, 2011. 6. Proposed Resolution No. R07-097 RE: Approving and authorizing execution of an agreement for Water Service Outside the City Limits with Gentil Felicite for the property located at 3959 89th Road South, Boynton Beach, FL. 3 Agenda Regular City Commission Boynton Beach, FL August 21, 2007 7. Proposed Resolution No. R07-098 RE: Approving and authorizing execution of an agreement for Water Service Outside the City Limits with Laura K. Zdul1iak for the property located at 3945 89th Road South, Boynton Beach, FL. 8. Proposed Resolution No. R07-099 RE: Approving and authorizing execution of an agreement for Mitigation of Roadway Improvements between the City of Boynton Beach, FL and Boynton Industrial, LLC. D. Approve release of a Performance Bond (#1018459) for a Temporary Certificate of Occupancy posted with Lexon Insurance Company in the amount of $2,538,100 for the project known as Monteverde at Renaissance Commons. E. Approve release of a Performance Bond (#LS10022230 posted by Guarantee Company of North America USA) in the amount of $203,588 and a Performance Bond (#1010065 posted by Lexon Insurance Company) in the amount of $192,962 posted by D.R. Horton, Inc. in connection with Palmyra Phase II. F. Approve additional funds in the amount of $18,352 to complete the Avenue of the Arts year long on-loan sculpture program. G. Receive revisions to the Recreation & Parks Department Revenue Policy Manual regarding fees and charges and accounting for all revenue and provide an effective date of October 1, 2007. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Tabled to August 21, 2007) BOYNTON BAY (LUAR 07-002) Weiner & Aronson, P.A. The Hamlet, L TD West of Federal Highway and south of Gateway Boulevard 4 Agenda Regular City Commission Boynton Beach, FL Description: August 21, 2007 Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential (HDR) to Special High Density Residential (SHDR) (1st Reading of Proposed Ordinance No. 07-020) Request to rezone from Multi-Family Residential (R-3) to Planned Unit Development (PUD) (1st Reading of proposed Ordinance No. 07-021) Proposed Use: Residential development consisting of 420 residential units (240 existing for rent units, 180 new for sale units including 45 for sale work force units) for an overall density of 19.93 dwelling units per acre (dujac). c. Project: Agent: Owners: Location: Descri ption: D. Project: Agent: Owners: Location: Description: CHILDREN'S SERVICES COUNCIL (HTEX 07-003) Christopher H. Miller, Architecture 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request for Height Exception of eight (8) feet - six (6) inches above the maximum building height of 45 feet allowed in the PID zoning district for rooftop equipment. CHILDREN'S SERVICES COUNCIL (CDPA 07-002) Christopher H. Miller, Architecture 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request for approval of a Community Design Plan Appeal against the requirement for screening of rooftop equipment. IX. CITY MANAGER'S REPORT: A. Discussion of disposition of Old High School X. FUTURE AGENDA ITEMS: A. Discussion of Resolution No. 03-164 (Tabled) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 5 Agenda Regular City Commission Boynton Beach, FL August 21, 2007 1. Proposed Ordinance No. 07-019 RE: Abandonment of an alley between NE 7th Avenue and NE 8th Avenue, along the boundary of the Lake Addition and Boynton Place Subdivisions. (ALLEY BETWEEN NE 7th AVENUE/NE 8th AVENUE - ABAN 07-003) B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-022 RE: Amending Section 18-135 of the Code of Ordinances, entitled "Board of Trustees" of the General Employees Pension Plan. 2. Proposed Ordinance No. 07-023 RE: Amending sections 26-9 and 26-34 of the City's Code governing rates for potable water, wastewater and capital facilities charges. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Reconsideration of formation of a 501c3 not-for-profit corporation called the Boynton Beach Community Foundation. XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES TH'= TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 8/17/07 9 A.M. S:\CC\WP\CCAGENDA\AGENDAS\yEAR 2007\082107 FINAL DRAFT. DOC 6 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.I.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office t:8J August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September] 7,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon) t:8J Announcemen ts/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TlON: Permit Proclamation EXPLANA TlON: October 18,2007 is the day of national celebration of Discover Afterschool, that promotes the critical importance of quality afterschool pro~rams in the lives of children, their families and their communities. PROGRAM IMPACT: More than 28 million children in the U.S. have parents who work outside the home and 14.3 million children have no place to go after school. Prime Time Palm Beach County, Inc. has provided significant leadership in the area of community involvement in the education and well being of our youth, grounded in the principle that quality afterschool programs are key to helping our children become successful adults. FISCAL IMPACT: N/A AL TERNA TlVES: Do not approve the proclamation K~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney I Finance S.\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Proclamation WHEREAS, the citizens of the City of Boynton Beach stand firmly committed to quality afterschool programs and opportunities because they Provide safe, challenging, engaging and fun learning experiences to help children and youth develop their social, emotional, physical, cultural and academic skills Support working families by ensuring their children are safe and productive after the regular school day ends Build stronger communities by involving our students, parents, business leaders and adult volunteers in the lives of our young people, thereby promoting positive relationships among children, youth, families and adults Engage families, schools and diverse community partners in advancing the welfare of our children. WHEREAS, Prime Time Palm Beach County, Inc., has provided significant leadership in the area of community involvement in the education and well-being of our youth, grounded in the principle that quality afterschool programs are key to helping our children become successful adults WHEREAS, October 18, 2007, is the day of national celebration of Discover Aftershcool, that promotes the critical importance of quality afterschool programs in the lives of children. their families and their communities. WHEREAS, more than 28 million children in the US. have parents who work outside the home. and 14.3 million children have no place to go after school WHEREAS, many afterschool programs across the country are facing funding shortfalls so severe that they are being forced to close their doors and turn off their lights NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim October 18, 2007 as "Discover Afterschool Day" and urge the citizens of Boynton Beach to enthusiastically endorse "Discover Afterschool" and commit our City to engage in innovative afterschool programs and activities and ensure our children and youth have access to affordable, high quality afterschool programs during non-school hours IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to be affixed this 21st day of August, Two thousand Seven. Jerry Taylor. Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) III.-ANNOUNCEMENTS & PRESENTATIONS Item C.I.b CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office t:8J August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon 0 September 4, 2007 August 20,2007 (Noon) 0 November 7, 2007 October IS, 2007 (Noon) 0 September 18,2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17, 2007 (Noon) , -, December 4, 2007 November 19, 2007 (Noon) L.. RECOMMENDATION: Permit presentation of Citation C") n::j ::;-< -<0 ()'"T'J r- OJ I""'lO :::;:)-< ;;:l::...... -0 u)~ :x: o~ .z::- '"T'J - "CD o -fTl en n> tTln EXPLANATION: The Lake Worth Drainage District has requested this document to honor C. Stanley Weaver, who rit1red from service as a Supervisor in February 2007. In honor of his many achievements, the Lake Worth Drainage District has renamed the Boynton Canal as the C. Stanley Weaver Canal. In 1951, Mr. Weaver served on the Boynton Beach City Commission and is a former mayor of the City as is his father and grandfather. Announcements/Presentations Consent Agenda o o o o o . 0 CIty Manager's Report-.J N. C- ew BUSIness c:: r- N -.J Legal Unfinished Business NATURE OF AGENDA ITEM t:8J o o o o Administrative Code Compliance & Legal Settlements Public Hearing PROGRAM IMPACT: Presentation will heighten public awareness ofMr. Weaver's many public contributions to the community and the region. FISCAL IMPACT: None AL TERNA TIVES: Not permit presentation of Citation uJry"-'- ~ ~a/> Departm t Hea SIgnature Assistant to City Manager W,../' Public Affairs Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC Citation Boynton Beach is fortunate to have manv citizens who take an active role in their communi tv - -' - and who are committed to improving the quality of life for everyone who lives, works and plays here. These people offer their time and talent with no expectation of reward other than the satisfaction of knowing they have made a valuable contribution to the needs of society. One such person is C. Stanley Weaver, who was elected to the Boynton Beach City Commission in 1951 and later served as the City's mayor. Mr. Weaver's family has a long tradition of public service to the community. His father and grandfather before him served as mayors of Boynton Beach. Graduated from the Boynton High School in 1937, and later from the University of Florida with a bachelor's degree in political science and history, Mr. Weaver served in the U.S. Army during World War II where he \vas an air transport commander in West Africa. Mr. Weaver worked on his family's dairy farm from 1946 to 1973 and later became a real estate broker. He was instrumental in saving the Boynton Elementary School and having it placed on the National Register of Historic Places. He served as First President of the Boynton Cultural Center from 1996 to 1998. Since 1960, Mr. Weaver served the Lake Worth Drainage District as a supervisor. During his tenure, he displayed extraordinary leadership, unquestionable devotion and admirable ability, .. which resulted in the Lake Worth Drainage District achieving recognition as one of the outstanding special taxing districts in Florida. Mr. Weaver retired from service in February 2007 and in recognition the Lake Worth Drainage District honored Mr. Weaver by renaming the Boynton Canal as the C. Stanley Weaver Canal. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City or Boynton Beach, Florida, recognize with this Citation C. Stanley Weaver for his many valuable contributions on behalf of the citizens of Boynton Beach and the entire regIOn. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 21 st day of August. Two Thousand and Seven. Jerry Taylor. Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) ~\"fYO"" '\'\ \ ... ," 'I 1ll'. IX 0\ .,' (j ;..'\, ,/ \~ '" . "f.' / ~..._~, ."'ON V III.-ANNOUNCEMENTS & PRESENTATIONS Item C.I.c CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office [gJ August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon 0 Septernber 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon) t:8J Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrativ~ 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve proclamation addressing firefighter support of the Muscular Dystrophy Association (MDA) and announcement of Firefighter Appreciation Month. EXPLANATION: This is an annual recognition by MDA for firefighter support through "boot drives". In 2006, the Boynton Beach Firefighters brought in more than $14,500 for those affected by neuromuscular diseases. PROGRAM IMP ACT: Firefighters across the country collect millions of dollars each year for MDA research and associated programs with their annual "boot drives". FISCAL IMPACT: N/A AL TERN A TIVES: Do not approve this proclamation. Note: Firefighters will be filling the boots on the following dates at major intersections throughout the city. Friday 8/31 3:00pm to 6:00pm Saturday 9/01 10:00am - 12 Noon and 3:00pm - 6:00pm Sunday 9/02 lO:OOam - 12 Noon and 3:00pm - 6:00pm Monday 9/03 10:00am - 12:00pm Manager's Signature Assistant to City Manager ChIAV .h-LLS ~rc~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC PROCLAMATION Whereas, fighting fires is one of the most hazardous professions, requiring physical strength. stamina, extensive training, courage, selfless concern for the welfare of our citizens: and Whereas, in addition to their daily service to communities, firefighters throughout the state and across the nation have joined the Muscular Dystrophy Association for more than 50 years in the fight against neuromuscular diseases; and Whereas, the Muscular Dystrophy Association is extremely grateful to the firefights of the City of Boynton Beach whose 2007 "Fill the Boot" campaign will assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and Whereas, in honor of the efforts of the firefighters of the City of Boynton Beach the MDA is sponsoring Boynton Beach Firefighter Appreciation Month for the month of September 2007; and Whereas, it is appropriate for all Boynton Beach citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. Now, therefore, L Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of , , Boynton Beach, Florida, hereby proclaim the month of September 2007, as: Boynton Beach Firefighter Appreciation Month in Boynton Beach and urge all citizens to reflect on the valuable contribution Boynton Beach Firefighters make to the Muscular Dystrophy Association. In witness whereof. I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 21 st day of August, two thousand and seven. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) v. "'...,....&.....L..;J . ",",..L V K; ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 8/21/07 NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION SUBMITTED Barnes Matthew Planning & Arts Commission 03/05/07 Development Board Cwynar William Planning & 02/28/07 Development Board * * * Leuchter Kurt Veterans Advisory 5/9/07 Commission ***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does allow one regular member and one alternate member to reside outside the City limits. Those two positions are currently filled. 1 ~"'fY 0" < G, < "~,,<' 0' ,\ ..'..""" <,M, "-, ",", '< : . - ~ ,.<"" r 0 .~^' <:;;> VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office [8J August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20,2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to "piggy-back" the City of Palm Bay, Florida RFP/Contract no. 39-0-2007/SB with Aquifer Maintenance and Performance Systems, Inc. (AMPS) for well rehabilitation services for an estimated annual expenditure of $300,000.00 EXPLANATION: Procurement Services received a request from the Utilities Department to utilize the new RFP/Contract no. 39-0-2007/SB, effective August 1,2007 and ending July 31,2008, with the City of Palm Bay, Florida for the rehabilitation of wells within the City Of Boynton Beach. This contract replaces the previous contract that was piggy-backed by the City of Boynton Beach and expired in June 2007. The Utilities Department began utilizing the City of Palm Bay's contract with AMPS in January 2004 which resulted in successful rehabilitation of wells throughout the City Of Boynton Beach at a significantly reduced price. The Utilities Department also has wells 12W, 17E and 18 to complete and estimates are $10,000.00 per well and $15,000.00 per pump and motor. The savings to the City as a result of utilizing the contract has been over $500,000.00. PROGRAM IMP ACT: Rehabilitation of a well is necessary when there is a decrease in production of water from the well. The rehabilitation provides a more efficient well with increased production of drinking water. Efficiency and production change for a variety of reasons, examples are: time, change in water source, change in water table level, failure of a pump or motor. This contract provides a viable way to have a timely response to well production changes. FISCAL IMPACT: CIP Renewal and Replacement Account Number: 403-5000-590-96-02 ALTE~S' Well 'eha:::: ",d 'eplacement at a ';gn;ficantly Ill~ Dep~ S;gnah;;e C;ty Manag",', S;gnatme Assistant to City er ~ Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC MEMORANDUM Utilities #07-98 Date: Bobby Jenkins Asst. Finance Director ~ Kati Baateng / ,(\ -,' /Vv-- ~ C Director of Utilities \ VUT July 20, 2007 L I To: From: Subject: Piggy-back City of Palm Bay Bid/Contract #23-0-2002 For well Rehabilitation Services Agenda Item- (next available) The Utilities Department is requesting that the Procurement Division place on the next available Commission agenda approval to Piggy-back the City of Palm Bay Bid/Contract #39-0-2007/SB. This piggy-back bid begins August 1, 2007 and ends July 31,2008. The Utilities Department began utilizing this contract January 2004 and has been successful in rehabilitating wells. The Utilities Department also has i 2VV, 17E and 18 to complete and estimates are $10,000 per well and $15,000 per pump and motor. The department estimates spending approximately $300,000 per year. By utilizing this contract we are able to save money. In the recent past we went out to bid for Well rehabilitation and possible well reconstruction (new wells at existing sites). The bids were over $1 million. We have been successful in rehabilitating existing sites and saving over $.5 million. Attached please find the original bid/contract and on-going amendments. Funds are available in the, Utilities Reserves, Renewal and Replacement account 403- 5000-590-96-02, WTR075. Please place this on the next available agenda for approval. Cc: Phill Taylor Barb Conboy ~I/L//L~~/ ~~.JL OLJ.::J;.JL..J'-ttJJ. ~ ._,~.:'1(r ---./ ' ~C'l"",,,,~... ~Arl '\', ~ ."~-~~\""~.~. .. .~I Palm Bay June 28, 2007 James Murray President AMPS, Inc 7146 Haverflill Road N West Palm Beach FL 33407 RE: City of Palm Bay RFP #39-0-2007 Well Rehabilitation Services Dear Mr. Murray On June 21. 2007, the City of Palm Bay City Council awarded the above referenced proposal to your company in full accordance with the terms, conditions and specifications as stipulated in the proposal document. Please sign this Notice of Award and two (2) copies of the enclosed Service Agreement and return to the City of Palm Bay Purchasing & Contracts Division, 120 Malabar Road, SE, Palm Bay, FL 32907. Deliveries or contractual performance shall not commence until authorization is given by issuance of a Purchase Order either verbally and confirmed In writing; or, by receipt of a Purchase Order document. Please submit an updated insurance certificate for your Worker's Compensation poiicy. The certificate included with your proposal shows this policy has expired. At! other policies are on file and unexpired. This certificate is required to be returned with your acceptance of this notice. We appreciate your interest in the City of Palm Bay and look forward to future contact with your company. Sincerely, By: ~1U Na erntl.(~b'l- SlgnatO ~ Date - Enclosures (3): Copy of Original signed Notice of Award Letter Agreement for Services - 2 coples CITY OF PALM BAY B~~~M~~, :Z~,~ FCPM, FCPA Manager, Purchasing & Contracts Division 'H'''' ..~ ...." __"M' " ' "_.'",, .... ..., ".' ._,.... ~,~..... ,,_,'.,___~. _ .. ..... ...,..-... "." ...,~....... H ",'J. "'.. ..... __. .,_.. . Purchasing & Contracts Division 120 Malabar Rood SE · Palm Boy, FL 32907.3009 Phone: 321.9523424 · Fox: 321.952.3401 .www.polmboyfl01'idQ.org _.........,--.'. ".. ,.... ,.'.....o.__H.. '__HH_ _ _....., .",' ......... do' UI/.LI/LUUI U:J..:lL ..JL.l:J~Lj4t:.J.L 'u":'" i ~i I .......1:..._1'1 UH 1 AGREEMENT FOR WELL REHABILITATION SERVICES I'-- THIS AGREEMENT, made thisL2 day of, J ku( 2007, by and between the City of Palm Bay, 120 Malabar Road, SE, Palm Bay, FL 32907, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the "City" and, AMPS, Inc., hereinafter referred to as the t1Contractor", for the term specified herein, with the City having the option to extend tt1lS Agreement for an additional period of time, upon mutual agreement of the parties. therefore, for good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows: WITNESSETH: I. DOCUMENTS The following documents are hereby incorporated into and made part of this agreement. (i) Specifications and Contract Documents prepared by the City of Palm Bay, "Well Rehabilitation Services" RFP #39-0-2007/SB (Exhibit A). (ii) Prooosal for the City of Palm Bay prepared by Contractor dated June 4, 2007 (Exhibit B) All exhibits may alsO be collectively referred to as the "Documents". in the event of any conflict between the Documents or any ambiguity or missing specifications or instruction, the following priority is established: A. Specific direction from the City Manager (or designee). B, This Agreement dated '7'(3 ,2007 and any attachments. C. Exhibit A D. Exhibit B II. SCOPE The Contractor is to perform the Work under the general direction of the City as defined in ti18 Request for Proposal and amendments, if any, the Request for Proposal and any amendments thereto being attached hereto as Exhibit "A"(City's Request for Proposal), incorporated by reference herein and made a part thereof as fully as if herein set fol\h. Unless otherwise specified herein, the Contractor is to furnish alt materials, tools, equipment, manpower, and consumables to complete the Work., By signing this Agreement, the Contractor represents that it has inspected the work site (as described in the Documents) and has thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the work and the conditions under which the work is to be performed. ~(!l(!L~~( ~~:~L ~Ll~:JL.jqljl v.'..! i ur rHLlvI DHT t 1-1~L- III. TERM OF AGREEMENT The period of this Agreement shall be for twelve (12) months, beginning on August 1, 2007 and ending on July 31, 2008. This Agreement may, by mutual written assent of the parties, be extended for four (4) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months. IV. COMPENSATION The Contractor agrees to provide the services and materials as specified in its proposal to the City at the unit costs specified in said proposal and amendments, if any. thereto being attached hereto as Exhibit "B" (proposal sheets) and incorporated by reference herein and made a part hereof. The amount as specified in Exhibit "8" (proposal sheets), may be increased or decreased by the City under this agreement, through the issuance of a written Addendum. Any prices specified in this Agreement or Addendum thereto, will remain firm for the term of this Agreement or Addendum period. V. PAYMENT Upon acceptance of work by using department of the City, employees and others, the City shall make payment to the Contractor in accordance with the Florida Prompt Payment Act, Section 218.70, Florida Statues. The City reserves the right. with justification, to partially pay any invoice submitted by the Contractor when requested to do so by the using City department. All invoices shall be directed to the Accounts Payable Section, City of Palm Bay, 120 Malabar Road, SE, Palm Bay, FL 32907. NOTE: ALL INVOICES MUST CLEARLY INDICATE THE CITY PURCHASE ORDER NUMBER. VI. GENERAL CONDITIONS A. Patents The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, fumished under this Agreement, constitutes an infringement of any patent or copyright of the United States or any other country. The Contractor shall pay all damages and costs awarded against the City and acknowledge other and additional good and valuable consideration for this provision. 07/17/2007 0g:32 321 %23401 l,l I Y Ur ,?4L1'" D?4 Y ........''--''',- B. Indemnification For oUler and additional good and valuable consideration, the receipt and sufficiency of which is herby acknowledged, the Contractor agrees on Contractor's behalf, and, including but not limited to and on behalf of its employees, suppliers, agents, officers, representatives. contractors, subcontractors, and all others working for and/or on behalf of the Contractor (hereinafter Contractor) to indemnify and hold harmless the City and including but not limited to all of its employees, suppliers, agents, officers, representatives, contractors, subcontractors and all others working on behalf of the City (herein after "City") from and against all liability, costs, and expenses, including but not limited to attorney's fees, experts and consult fees, and suit costs for both trial and appeal, any and all claims, demands, judgments, loss or damages on account of injuries, disease or death to any person or damage to property, or any type of 10$$ or damage whatsoever arising out of or in connection with misconduct, deliberate, intentional or negligent performance, non performance or other breach of obligation hereunder by Contractor. In addition, Contractor shall indemnify, defend and hold harmless City against all liability, costs, expense, expert witnesses' fees, attorney's fees, claims, losses or damages that the City may incur arising from the following: (1) A violation by Contractor of any applicable federal, state or local law, rule or regulation including, without limitation, performance conditions in this Agreement; (2) Any penalty or fine incurred by or assessed against City to the extent caused by any act of the Contractor; (3) Any injury, illness, disease, death or other harms suffered or incurred by any employee of Contractor, resulting from the failure of Contractor to comply with applicable health and safety procedures, regardless of whether or not the entity involved has adopted OSHA or EPA safety and health protocols and procedures; (4) Any patent or copyright infringement by Contractor; (5) Any lien or other claim by contractor inconsistent with this Agreement; (6) Any obligation of City resulting from Contractor's errors, omissions or breach of obligation C. Environmental Health and Safety Contractor 511all place the highest priority on health and safety and shall maintain a safe working environment during performance of the Work. Contractor shall comply, and shall secure compliance with all applicable environmental, health, safety and security laws and ~ffllfL~~1 ~~.0L ..JLl ~:.JL04i:.Il v_'. I T Ur- r"-1LIYI DHT J HUe. tJO regulations, and performance conditions in this Agreement. Compliance with such requirements shall represent the minimum standard required of Contractor, Contractor shall be responsible for examining all requirements and determine whether additional or more stringent environmental, health, safety and security provisions are required for the Work. Contractor agrees to utilize protective deices as required by applicable laws, regulations, and any industry or Contractor's health and safety plans and regulations. and to pay the costs and expenses thereof, ~nd warrants that all such persons shall be fit and qualified to carry out the Work. Nothing contained in this Agreement shall affect Contractor's status as an Independent contractor. Contractor shall ensure that the provisions of this Agreement are made binding on all persons or entities who perform on Contractor's behalf. A violation of this provision shall be considered to be a material and substantial breach of this Agreement. D. Termination City shall have the right at any time to terminate the Work, with or without cause, upon thirty (30) days written notice (the "Termination Notice"). In the event the contract is terminated by the City the Contractor shall only be entitled to payment for the Work performed to the date of the termination and it shall not be entitled to receive any amount for other and additional good and valuable consideration the receipt of which is hereby acknowledged by the parties hereto, the Contractor covenants and agrees that in the event of any delay of construction and notwithstanding the reason for the delay or who caused the delay or whether it was caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages, expenses, impacts or losses for extended corporate overhead impacts, extended project overhead impacts, project support services, extended support services impacts, inadequate drainage system impacts, unsuitable subsurface conditions impacts, non-cooperation of Contractor's, subcontractors or any independent, non-affiliated contractors impacts for other contractors' conduct or failure to perform, or by whatever other label or legal concept or theory, or any business damages, or business losses, Or financial impacts of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. Tllis provision will have no application or effect when construction delays are anticipated and agreed upon by both the City and the Contractor. E. Warranty The Contractor warrants that the Work including, but not limited to the equipment, materials and employees provided shall conform to professional standards of care and practice in effect at the time the Work is performed, shall be of the highest quality and be free from all faults, defects or errors. Whenever required by the specifications of the Request for 07/17/2007 09:32 321 %23401 CliY ~r ~AL~ bAY Proposal, the Contractor warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the equipment, materials, Work or criminal records of employees provided within ten (10) days from the discovery of any fault, deficiency or error of the Work, the Contractor shall, at the City's option, either 1) re-perform such portions of the Work to correct such fault. defect or error, at no additional cost to the City, or 2) refund to the City, any amounts paid by the City that are attributable to such portions of the faulty, defective or erroneous Work. including the costs for re- performance of the work provided by other Contractors. ALL EQUIPMENT AND MATERIALS PROVIDED AND USED BY THE CONTRACTOR SHALL BE MERCHANTABLE AND BE FIT FOR THE PURPOSE INTENDED. THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK PERFORMED UNDER THIS AGREEMENT. F. Time of Completion The parties understand and agree that time is of the essence in the performance of this Agreement. The Contractor or City, respectively, shall not be liable for any loss or damage resulting from any delay or failure to perform its contractual obligations withIn the time specified due to but not limited to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble. fire, natural or man-made disasters, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, that prevent or hinder the performance of the Contractor's or City's contractual obligations. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Wark schedules. However, under such circumstances as described herein, the City may at its discretion, cancel this Agreement at its sole discretion for the convenience of the City and the Contractor shall only be entitled to compensation for all work satisfactorily performed and the limitation of damages provision contained in Section VI ~ LIMITATION OF LIABILITY shall apply. G. Liquidated Damaaes Parties agree that damages are difficult to determine but the following liquidated damages are agrt:led to be a reasonable cost for any delays: If the Contractor shall neglect, fail or refuse to complete the Work within the time specified, or any proper extension thereof granted by the City, then the Contractor hereby agrees, as part consideration for awarding the Agreement, to pay the City the sum of One-Hundred Dollars ($100.00), for each and ....../..... If "'-..........1 every calendar day that the Contractor shall be in default after the time stipulated in the Agreement for completing the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but liquidated damages for breach of contract. H. Insurance ReQuirement$: The Contractor, at its own expense, shall keep in force and at all times maintain during the term of this Agreement: a. Cc;>mmerclal General L1abilltv: The contractor shall provide minimum limits of $1,000,000.00 each occurrence, $1,000,000.00 annual aggregate combined single limit for bodily injury and property damage liability, This shall include premises/operations, independent contractors, products, completed operations, broad form property damage, personal and advertising inJury, and contractual liability, specifically confirming and insuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing to any Insurance maintained by the City of Palm Bay and shall name the. City of Palm Bay as an additional insured. The policy of insurance shall be written on an .occurrence" basis and form. b. Automobile L1ablllty Insurance: Contractor shall provide minimum limits of liability of $1,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for: . Owned Automobiles . Hired Automobiles .. Non-Owned Automobiles c. Workers' Compensation Coveraae: Full and complete Workers' Compensation Coverage, including coverage for Employer's Liability, as required by State of Florida law, shall be provided. d. Insurance CertIficates: The City of Palm Bay is to be specifically included on all certificates of insurance (with exception to Workers Compensation) as an additional insured. All certificates must be received prior to commencement of service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty - (30) days prior to said expiration date. The certificate shall provide a thirty - (30) day notification clause in the event of cancellation or modification to the policy. The Contractor shall declare any self-insured retention or deductible amount in excess of $5,000 for any policy. The City reserves the right to reject any self-insured retention or 'J I / .1. ," / ":""L'U r -....1"::"'.1. .....h..J..::...J-"U":'" .----.~.... '......~/ deductible in excess of $5,000. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide Unless otherwise specified, It shall be the responsibility of the contractor to insure that all subcontractors comply with the insurance requirements set forth in this Agreement. The City may request a copy ofthe insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. Contractor shall obtain insurance on an "occurrence" basis if such insurance is available at commercially reasonable premium costs. Any insurance on a "claim made" basis shall be maintained for at least three (3) years after acceptance of the Work. I. Acceptance The City will be deemed to have accepted the Work after the Purchasing Agent is notified by the appropriate City department(s) of its satisfaction that the work for their respective department(s) is completed. J. Correction of Work The Contractor shall promptly correct all Work rejected by the City for failing to conform to this Agreement. The Contractor shall bear all costs of correcting such rejected Work. K. Rieht to Audit Records The City shall be entitled to audit the books and records of the Contractor or any sub-contractor to the extent that such books and records relate to the performance of this Agreement or any sub-contract to this Agreement. The Contractor shall maintain such books and records for a period of three (3) years from the date of final payment under this Agreement and by the sub-contractor for a period of three (3) years from the date of final payment under the sub-contract unless a shorter period is otherwise authorized in writing. L. Time is of the Essence The parties agree that time is of the essence in the completion of the Work called for under this Agreement. By executing this Agreement, Contractor affirms that it believes the schedule to be reasonable; provided, however, the parties acknowledge that the schedule might be modified as the City directs. The Contractor agrees that all WorK sllall be prosecuted regularly, diligently, and uninterrupted at such a rate of progress that will ensure full completion thereof within the time specified. 07 17/2887 10:09 32195234i)~ C:TV OF PALM SAV F)t.\f,[ 09 M. Information. All information, including but not limited to data, documents, plans, and specifications furnished to or developed for the City oy the Contractor or its employees. pursuant to this Agreement, excluding previously copy written materials, sha!! be the sole property of ttle City and all rights therein are reserved by the City, e:xcept that the Contractor may oisclose any suet, informetlon to jts corporate affiliates and their agents N. Extra Work The City, without invalidating this Agreement, may order ctlanges ir thf!' Work within the general scope of this Agreement consisting of edditions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. .Al! such cl1anges in the Work shall tie authorized by writlen Addenda to this Agreament, and shall be executed i.lnder the appltcable conditions of the Agreement. If the Contractor plans to make a claim for an increase in the Agreement prtce or 13m extension In the Agreement SchedulefTerm, written notice shall first given to the City within ten (10) calendar days after the OCcurrence of the event giving rise to such a claim. The Contractor she.1I give this written notice to the City, together with writt@'l approval secured from the Purchasing Agent before proceeding to execute the Work No claim for extra work will be considered valid by the Gity unless first approved by the City in writing with Contractor's claim submitted in writing. O. Familiaritv With The Work The Contractor by executing this Agreement acknowledges full, total ana complete understanding of the extent and character of the Work required and ~he conditions surrounding the performance thereof. The City will not be responsible for or be bound by any claimed misunderstanding of the Work to be fumished or completed, or any misunderstanding of conditions 3urrounding the pertormalice thereof, It is unoerstood that the execution of this Agreement by the Contractor serves as its stated unequivocal commitment to fulfill all trla conditions referred to in this Agreement. P. I11lt IO~ Bills 2' L.9U The title and risk of loss to the Work shall pass fWIlI the Contractor to the City upon the City's iinaJ acceptance of the Work. Q, IndaDtndent Contractor. Non-Asslqnment and~ubco"trl!cts In the performance of the Work, Contractor shall operate and ~)8Ve the status of an independent contractor and shall not act as or be an agent or employee of City. Contractor shall not assign this Agreement. Contractor shall obtain tl18 consent of CIty, in writing, of ltach subcontractor it intends to LIse before entering itito a contract With any g 07/17/2~~( ~~:j2 j21~~2j4~1 f~1 'Y Ur- r'ALM .tl!-lY ,~"'t. :.1:1 subcontractor. Each subcontract must contain provisions, or be made expressly sUbject to this Agreement's provisions, for insurance, indemnification, environment and health and safety, ownership of documents, termination, inspection and on-waiver, at least as restrictive in form and content as those contained or referred to in this Agreement. Contractor shall advise each prospective subcontractor of these requirements and shall assure that each subcontractor complies with them. R. Inspection and Non-Waiver Contractor shall permit the representatives of City to inspect and observe the Work at all times. The failure of City to insist upon strict performance of any other terms of this Agreement or to exercise any rights conferred by this Agreement shall not be construed by Contractor as waiver of City's right to assert or rely on any such terms or rights on any future occasion or as a waiver of any other terms or rights. S. Notices All notices required by any of the Contract Documents shall be in writing and shall be deemed delivered upon mailing by certified mail. return receipt requested to the following: To the Contractor: James Murray AMPS, Inc 7146 Haverhill Rd N W Palm Beach FL 33407 To the City: Purchasing Agent City of Palm Bay 120 Malabar Road, SE Palm Bay, FL 32907 With a copy to: City Manager City of Palm Bay 120 Malabar Road. SE Palm Bay, FL 32907 T. No Liens Contractor acknowledges that Contractor or any other person directly or indirectly acting for or through Contractor are legally unable to file a mechanic's or construction lien against the real property on which the work is performed or any part thereof or against any personal property or improvements thereon or make a claim against any monies due or to become due from the City to Contractor for or on account of any work, labor, services, material, equipment, or other items furnished in connection with the Work or any change order, Contractor agrees to inform all subcontractors of such inability and further agrees to satisfy, U f f..L (f ..::...Uu ( ,-"L..L-iw..::...--J.,.U..L remove, or discharge any liens or claims that may be filed at its own expense by bond, payment, or otherwise within twenty (20) days of the filing thereof or from receipt of wntten notice from the City. Additionally, until such time as such lien or claim is satisfied, removed or discharged by Contractor, all monies due to Contractor or that become due to Contractor before the lien or claim is satisfied, removed or otherwise discharged shall be held by City as security for the satisfaction, removal and discharge of such lien and any expense that may be incurred while obtaining such. If Contractor shall fail to do so, City shall have the right, in addition to all other rights and remedies provided by this Agreement or by law, to satisfy, remove, or discharge such lien or claim by whatever means City chooses at the entire and sole cost and expense of Contractor which costs and expenses shall, without limitation hereby, include attorney's fees, litigation costs, fees and expanses and all court costs and assessments. VII. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability or any cause of action arising out of this Agreement. so that the City's liability for any breach never exceeds the sum of $1 00.00. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Contractor expresses its willingness to enter into this Agreement with the knowledge that the Contractor's recovery from the City for any action or claim arising from the Agreement is limited to a maximum amount of $ 100.00 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement Accordingly. and notwithstanding any other term or condition of this Agreement that may suggest otherwise, Contractor agrees that the City shall not be liable to Contractor for damages in an amount in excess of $1 00.00, which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action, cause, reason or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any manner intended either to be a waiver of the limitation placed upon the City's liability as set fortll In Section 768.28, Florida Statutes, or to extend the City's liability beyond the limits established in said Section; and no claim or award against the City shall include attorney's fees, Investigative costs. expert fees, suit costs or pre-judgment interest. VIII. MISCELLANEOUS PROVISIONS A The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement B. No waiver, alterations, consent or modification of any of the provisions of t1lis Agreement shall be binding unless written and signed by the City Manager. Uf/.J..f/Luur ..J~.J....J""'.L.""''''''U..L. '-I..l.. r I '-'I I ""~I'r .L.Jr'""T1 C. The Contractor shall procure all permits, licenses. and certificates. for the proper execution and completion Of the Work under this Agreement, including any approvals of plans or specifications as may be required. D. This Agreement is considered a non-exclusive Agreement between the parties. E. This Agreement shall be governed by and construed according to the laws of the State of Florida, and the rights of the parties hereto shall be construed and be subject to the laws of the State of Florida. The parties hereby waive the right to a trial by jury in any action, proceeding or counterclaim brought or filed by either of them against the other. Venue for any court action arising out of this agreement shall be in Brevard County, Florida. F. The undersigned hereby certify that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to Contractor, the undersigned hereby warrants and certifies that he/she is authorized to enter into this Agreement and to execute it on behalf of the Contractor as the act of the said Contractor. G. This Agreement, including Exhibits "A" and "B", contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. U(/.i(/LUUf U.-J.....JL IN WITNESS WHER writt.lenWov~ / I I I ;...--' ! City Attorney ....JL..L..J...JL....J'-tUJ... OF, ifart'es hee.to have heeeuotn set their heods and sea" on the date fi", I I /'13 -07 WITNESS: -) - r, G ' () 7 Date By: cr;:ri:/ FLORIDA City Manager Lee Feldman Name (typed or printed) STATE OF COUNTY OF beloee me thj~ d.y of 2- -' instrument :~OWledged for . ku..... , Personal known to me, Type of Identification Produced SEAL ~~ (Type or printed name) Notary Public iiJ,P Notary PublIC Slate of Florida . . Jayne L Pnndible '\;' f" J My CommissIOn D0450018 0, .,.c- ExpIres 07/12/2009 2007, by Well Rehabilitation Services RFP No. 39-0-2007 PROPOSAL FORM RFP NO. 39-0-2006, WELL REHABILITATION SERVICES SHEET 2 OF 3 Item # ITEM DESCR/PTION UOM PRICE 1 Well Drill Per foot $ Jjf- 2 Well Service Rig Per hour $ tq't~ 3 Pump Service Rig Per hour $ \O~~ 4 Cement work or demolition Per hour $ ~~ 5 On Site Walding Unit Per hour $ I \n~..- 6 Machine Shop Welding Per hour $ 4~'"d, 7 PumpIWell technician Par hour $ t)S~ 8 Chemical Treatment Per hour $ 1<;o.t- 9 Well abandonment Per hOur $ 'COI;,t. 10 Specific Capacity test, Before and atter rehabilitation Per hour $ ~ 11 Well Developmant and Redevelopment Per hour $ I ~"S1.4;I 12 Chemical disinfection of well after rehabilitation Per hour $ lCj)dj. 13 Pump Molor Retrieval Per hour $ \2~~ 14 Miscellaneous work as needed. normal business hours Per hour $ \1.'S~ 15 Miscellaneous work as needed, non normal business Par hour $ i~~ 16 Flow Meter Maintenance and Calibration Par hour $ ~~ 17 Deep well Pump Maintenance Per hour $ l \(}fI)~ 18 Well/Pump !Motor maintenance Per hour $ !:>let"" 19 Raw water disposal Per hour $ \~ 20 Airlift well Per hour $ \ ~')~ 21 Pump test Par hour $ \~ 22 Quarterly well monitoring reports Per report $ t~ .... ~'I' ' rvr,1:.~:~ :.. ,_..:'" ", . .. . . "~~"'.' . 23 Water Storage Tank Residual Cleaning Per tank $ ~~ 24 Down hole Video surveys Per video $ Lo~ 25 360 Degree Video Per video $ Y)~ 26 Mobilize. demobilize & cleanup Per well $ ~ 27 Wellhead/pump removal, cleaning and reinstall Per well $ \ Olcry>> 28 Well AcidificationlEPA Per well $ lP'n~ 29 Chlorine Maintenance of W~lils Per well $ L '::1Y TOTAL COST (Add line 1 - 29] I $ lA .Pn)':.. ~ 30 Parcent of Markup for Parts supplied & installed \'Sh. % Contractors must bid on all itams. This will be awarded 'all or none' Revised 8-21-06 Page 19 of 36 Tn.....r7r'rT7('" 7C' . r n ) n(")7 I) T /) n Well Rehabilitation Services RFP No, 39-0-2007 PROPOSAL FORM RFP NO. 39-0-2006, WELL REHABILITATION SERVICES SHEET 3 OF 3 Response Time after Receipt of Purchase Order: \ ~ 2dA1'~ calendar days Price Adjustments Years 2 ~ 5 (Not to exceed annual CPt - See Pages 9 - 10): This contraot allows for an annual percentage price adjustment The City is using the following index for adjustments: Consumer Price Index (CPI) Series ID: GWUR0300SAS367. South Urban - Other Services. If your company utilizes a different Index for annual price adjustments, please state said index below and attach dotumentation of past 5 year index history: Ye<lr 2 Year 4 ~~, \\kL.- Company \ LP'l.\ 'D"t Date ~~@,C~{)\.(fu Emall e s % Year 3 % % % Year 5 3\~ OOhLlL r1AM rJ. Address '\Nt~ ((iliA ~ ~ S~LW l- City, State, Zip Code SJJ\ Lf\4 l<6L{y Telephone Number _ ~\ L\C\y L lL\l{ Fax Number ~~ l)L\ \111-\ (~\M~\ Cell Phone Number (\It,. (1,,, 1.. I.A. \ C\~ 7)2\ rl1.2 UJ""II-L ~) 91 39'v'd A~8 Wl'v'd ~O A1IJ VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon D September 4,2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) D September 18. 2007 September 3. 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 (Noon) [8J December 4,2007 November 19, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve BIRDIE GOLF BALL COMPANY to RETRIEVE GOLF BALLS FROM THE NINE (9) LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE in consideration of $5,450.00 annually paid to the golf course. EXPLANATION: The Links at Boynton Beach solicited bids from four known companies in the area that perform this service. Two of the four companies responded with bids. Of the two that responded, Birdie Golf, who has been paying for this privilege for the past 4 Yz years, came in with the highest bid. Birdie Golf Ball Company offered the City $5,450.00 annually in consideration for this privilege. In addition, all range balls retrieved from the lakes will be returned to the golf course; and the golf course will sell used range balls at $.10 each to the company. PROGRAM IMPACT: This contract will allow The Links at Boynton Beach to generate $5,450.00 annually; provide a market to dispose of used range balls; and provide for the retrieval of any range balls that were hit into our lakes. FISCAL IMP ACT: Additional revenues of $5,450.00 annually to The Links at Boynton Beach ALC~~ ,nnrc.. tn, ili;, ..<vlrc n, tn t"oonat'~: Department ead's Signature . y Manager's Signature Golf Course Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING AND DIRECTING THE CITY 6 MANAGER AND CITY CLERK TO EXECUTE A 7 CONTRACT BETWEEN THE CITY OF BOYNTON 8 BEACH AND BIRDIE GOLF BALL COMPANY, INC., 9 FOR LAKE DIVING SERVICE AT THE LINKS AT 10 BOYNTON BEACH; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the Links at Boynton Beach solicited bids from four known companies 14 in the area that perform lake diving services; and 15 WHEREAS, two of the four companies responded with bids, with Birdie Golf Ball 16 Company being the highest bidder; and 17 WHEREAS, Birdie Golf Ball Company will pay to the City $5,450.00 annually, plus 18 all range balls retrieved from the lakes will be returned to the golf course; 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 hereby authorize and direct the City Manager and City Clerk to execute a Contract between 25 the City of Boynton Beach and Birdie Golf Ball Company, Inc., providing that the tern1 of the 26 Contract is for three (3) years from the date of execution of the Contract for lake diving 27 service at The Links at Boynton Beach, a copy of said Contract is attached hereto as Exhibit 28 "A." Section 3. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this _ day of August, 2007. CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~~ I , 22 23 24 25 26 27 28 29 Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray ATTEST: Commissioner - Carl McKoy Janet M. Prainito, CMC City Clerk (Corporate Seal) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. LAKE DIVING CONTRACT/NINE LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE THIS CONTRACT FOR LAKE DIVING SERVICES, signed this _ day of , 2007, by and between BIRDIE GOLF BALL COMPANY, hereinafter referred to as "CONTRACTOR" and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, whose principal address is 100 E. Boynton Beach Blvd" Boynton Beach, FL, hereinafter referred to as "City", WITNESSETH: WHEREAS, CONTRACTOR is engaged in the business of the retrieval of golf balls; and WHEREAS, the City owns The Links at Boynton Beach Golf Course at 8020 Jog Road, Boynton Beach, Florida; and WHEREAS, the City is desirous of engaging the services of CONTRACTOR for the purposes set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the parties agree as follows: 1. SCOPE. The general scope of services to be performed by CONTRACTOR shall be to retrieve golf balls from the nine lakes at the golf course on an exclusive basis. 2. CONTRACT OUTLINED CONDITIONS. a. CONTRACTOR agrees to pay $5,450.00 annually to the City, as follows: $5,450.00 upon signing of this Contract and $5,450.00 upon the same date as the date of execution by the City, each subsequent year. b. CONTRACTOR agrees to return to the golf course all range balls recovered from the lakes, at no charge, within two (2) weeks of retrieval. c. CONTRACTOR will be required to pay the City $.10 per range ball offered by the Golf Course to the CONTRACTOR at the end of each November. d. CONTRACTOR agrees to notify the Golf Course superintendent at least two (2) days in advance of arrival to get approval for the use of a golf utility vehicle. The City makes no guarantee that such a vehicle will be available, however, all efforts will be made to assist the divers III obtaining transportation onto the golf course. 3. TERM. The term of this Agreement shall be for a period of three (3) years from the date of execution by the City, unless terminated pursuant to the terms of this Agreement. This Agreement shall be automatically for five (5) additional one (1) year periods, unless terminated as prescribed herein. 4. TERMINA TION. This Agreement may be terminated pursuant to the following proVISIons: a. If conditions are present which are considered by either party to be cause for termination, written notice shall be provided to the other party, and a sufficient period of time shall be given to correct the conditions. b. If the conditions are not corrected within a reasonable period of time, this Agreement may be terminated for such conditions by giving thirty (30) days written notice. c. This Agreement may be terminated by either party, at any time, upon providing ninety (90) days written notice prior to termination. 5. INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold the City of Boynton Beach and The Links at Boynton Beach Golf Course harmless from any claim, demand, suit, loss, cost, expense, including court costs and attorneys' fees, or any damage which may be asserted, claimed or recovered against or from the City of Boynton Beach or The Links at Boynton Beach Golf Course by reason of any damage to property or injury, including death, sustained by any person whomsoever and which damage, injury or death arises out of, is incident to, or in any way connected with the performance of the Contract. Notwithstanding the foregoing, this provision shall not apply to any damage, injury or death that results from the gross negligence or willful misconduct of the City of Boynton Beach or The Links at Boynton Beach Golf Course or their affiliates. 6. INSURANCE REQUIREMENTS. a. It shall be the responsibility of CONTRACTOR to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance during the duration of this contract. b. CONTRACTOR shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). c. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. d. CONTRACTOR shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. e. CONTRACTOR shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. f. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. 7. REPRESENTATIVE OF CITY. The City hereby agrees to designate the City Manager or his assigned representative for purposes of the administration of the Contract. 8. REPRESENTATIVE OF CONTRACTOR. CONTRACTOR, for purposes of administration of this Agreement, agrees to designate the following individual, address. and telephone number as the assigned representative for CONTRACTOR: (name) (address) (telephone no.) (facsimile no.) 9. ASSIGNABILITY. The Agreement may not be assigned or transferred without the express prior approval of the City. 10. VENUE. In the event any litigation is pursued in association with this Agreement. venue for such litigation shall be filed in state court in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day indicated on the first page of the Agreement. CITY OF BOYNTON BEACH Approved as to form by: BY City Manager City Attorney ATTEST: City Clerk CONTRACTOR Print Name: Title: (Corporate Seal) ATTEST: Corporate Secretary Print Name: STATE OF FLORIDA ) COUNTY OF ) I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared the and respectively of named in the foregoing agreement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2007. NOTARY PUBLIC (notary seal or stamp) Print or Type Name DNT:JV A H:\I 990\900 182.BB\AGREEMENTS 2007\Go1f Ball Retrieva1.doc DISCLAIMER FORM FOR THE LAKE DIVING/NINE LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE The Contractor agrees to defend, indemnify and hold the City of Boynton Beach and The Links at Boynton Beach Golf Course harmless for any claim, demand, suit, loss, cost, expense, including Court costs and attorney's fees, or any damage which may be asserted, claimed or recovered against or from the City of Boynton Beach or the Links at Boynton Beach Golf Course by reason of any damage to property or injury, including death, sustained by any person whomsoever and which damage, injury or death arises out of, is incident to or in any way connected with the performance of this AGREEMENT. Authorized Signature Please Print Name CITY OF BOYNTON BEACH RELEASEIWAIVER AND HOLD HARMLESS FORM I, , THE UNDERSIGNED INDEPENDENT CONTRACTOR, in consideration of the payment of $10.00 and other good and valuable consideration paid by the CITY OF BOYNTON BEACH, ("City"), the receipt of which is hereby acknowledged, do hereby: 1. Assume all risks and responsibility of possible damage or injury which may occur as a result of performing my job as an individual who dives underwater to retrieve golf balls from the lakes located at the City's golf course. I acknowledge that I am performing such tasks as an independent contractor pursuant to an Agreement that the City has with Birdie Golf. In the event I do suffer an injury while performing any tasks associated with my job while on the City's property, I understand I am to furnish my own insurance. 2. To enter onto the City's property to retrieve golf balls from lakes with full knowledge that the work I am performing could result in injury to me. 3. I understand that the City's property, including the lakes and surrounding areas are not supervised, and that I have the necessary training, expertise, and experience necessary to perform such tasks. 4. I agree to indemnify and hold harmless the City of Boynton Beach, and/or its departments, officials, employees, representatives, and agents from any liability, loss, damage, expense, or other cost in the event I suffer any injury, damage, or loss as a result of my actions in retrieving golf balls from the lakes at the City's golf course, including attorney's fees and costs and both the trial and appellate levels. Signature: Date: Witness: Date: I <Il cD C ~ ~ .Q 0 2 >- "0 C c: :g 0 '" "0 '" '" <Il -E ro ,!/l "0 -E '" Cl ffi c: E c: ';; '" 'Qi 'Qi <Il Q; " c: ~ 0 -", .<:: c. 1ii "0 '" ~ '" > <Il }? .8 .~ '" '" "0 <Il '" "0 '" I 5 -E ~ 1:5 I -g '0 E '" '" <Il .c .~ > ::J >- '" '" <Il .c I -E >- <Il '" ., ~ Q; E ~ .<:: I ,g 0 '" "0 Q; ffi I <Il '" ~ > .<:: ,,:. Qi "5 c: 9 " '" ~ <' "" r--- o o N r-::2 No.. 2:-0 ~O 'Lei Ww ~:2 Ot= WW :J:J 00 99 roro 0::: OU)I u..wo ~<( ~:'5w owro t=zz <(-0 O~I- -I-Z !:!::o>- 0<(0 wo:::ro 0..1-1- U)z<( oOU) m<D~ w~~ :22::-1 <(ow zwI o~1- -<(I- ro-1<( o iii o o o L!) "<t .,.,- Y7 U) 0:: o o z W > >- c:: ro Q. g1:C') ():J<D 00 ~()~ COaJ--l ~C6u.. o Ol - '" ~ aJ '-"CO_ aJ :2: co ._ Ol ~C:Oro i:i5~:2: o ~ o o ~ .,.,- Y7 C') r--- C')o , C') NC') 0-1 "OLL _ co _ 0&15 l? aJ _ en ~ enc::() ~ g,"5 ()-1c:: _~O enoU CO<DO W<D() "0 aJ "0 c:: o Q. en i!' N :z:. c:: o co aJ rn aJ E .~ en aJ -1: co Q. E o U c:: ;:: o c:: -'" :; .2 E g "0 2 :Q o en en "0 i:i5 I FRUM (WED)JUL 18 2007 5:34/ST. S:27/No.751S338278 P 11 ~ PROPOSAL BLANK To Ail Bidders: BID PROPOSAL TO THE CITY OF BOYNTON BEACHt FLORIDA Date2f~Z_ The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service called for. When submitting more than one b.J proposal price for this product and/or service, indicate how many individuals v itor combination item(s) are to be tabulated and considered. Attach a separa _ proposal sheet for each. The undersigned proposes to deiiver the service in accordance with the specifications for the sum of: TOTAL DOLLAR AMOUNT ~_per year Number of Bid Proposai prices submitted Specification "check~off' sheets submitted (pages 1 - 2) -----x E.~ Yes/No tJ -s)l -' !i2'3 -' 'J 7 '1/ TELEPHONE NUMBER ~~ SIGNATURE _1lt1~t U fJ{Jik~' PRINTED NAME o 1// // ~ f2- TITLE ~/f(O/:: ~~f. 13 AI (t:O I COMPANY NAME FROM (WEO)JUL 18 2007 5:29/$'. S:27/No,751833827S P 3 BID SPECIFICATIONS FOR LAKE DiVING CONTRACT/NINE LAKES Ai MUNICIPAL GOLF COURSE In consideration for diving the Nine Lakes at the Links at Boynton Beach Golf Course for the purpose of retrieving golf balis. Please place an (X) or. the blank line next to each item If a specification Is met. If exception IS taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specification "Check Off' sheets with the proposai sheet in order for a Bid to be considered. .1.._1. A minimum of 50% of the dollar amount Bid must be paid upon the signing of the Contract and any remaining balance must be paid within the following six months. This process will stay in effect for each subsequent year of the Contract. NOTE: 80,000+ rounds of golf per year are played on the 27 holes. There are 9 lakes that come into play on most of those holes. X-- 2. All range balls recovered from the lakes by the successful bidder will be returned to the Golf Course, at no charge, within two weeks of retrieval 1_ 3. The successful bidder will be required to pay the City $,10 per usable range ball turned in to the Golf Course and offered to the successful bidder at the end of each November. _X 4. The Concessionaire must maintain liability insurance in the following amounts: $1,000,000 $1,000.000 Aggregate per incident _X~5. The Concessionaire must sign a disclaimer. as prepared by the CIty Attorney, releasing the Golf Course and the City of Boynton Beach from any liabilities in connection with the performance of this Contract. This form must be notarized and attached to the proposal. See attached form, FROM " (WED)JUL 18 2007 S:30/ST. 5:27/Ho.7518888278 P 4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. BIDS SPECS FOR LAKE DIVING/NINE LAKES AT MUNICIPAL GOLF COURSE CONTINUED... -X~6. __A'-7. The divers will be required to notify the Golf Course Superintendent at least two (2) days in advance of their arrival. They must get approval for use of a golf utility vehicle to get around the course. No guarantee is made by the City that such a vehicle will be available, however, all efforts will be made to assist the divers in obtaining transportation onto the golf course. TER~.~: The term of the Contract shall be for a period of three (3) years from the date of this agreement. This contract shall be automatically renewed for five (5) additional one (1) year periods except at follows: a. If conditions are present which are considered by either party to be cause for termination, written notice shall be provided to the other party, and a sufficient period of time shali be given to correct the conditions. b. If the conditions are not corrected with a reasonable period of time, then the CONTRACT may be terminated for such conditions by giving thirty (30) days written notice. c. Upon ninety (90) days written notice by either party prior to the annual renewal date, this Contract can be terminated. -X- 8. All bidders must supply a list, with their bid proposal, of courses presently contracted with for the type of work covered by this Contract. Also, how long they have been with these courses should be Indicated. L 9. Bidders are encouraged to visit the City Goif Course located at 8020 Jog Road, Boynton Beach, FL 33437, and become familiar with the area. Please call ahead to make an appointment with Dan Hager, Manager of Golf Operations. The telephone number is (561) 742- 6502. 07/27/2007 10: 07 ~~QM 9549451517 EAST COAST GOLF BALL PAGE 05 (THU)JUL 19 2007 22:0S/ST,22:07/No.1518S3B2S8 p 5 PROPOSAL BLANK BID PROPOSAL TO THE: CITY OF 80YNTON BeACH, FLORIDA To All Bidders: Date: '\. Jut d 27 ' 1LW 7 ) The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provIsions and with the quality, type and grade Of servics called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individuals and/or combination Item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the service In accoraance with the specifications for the sum of; TOTAL DOLLAR AMOUNT $ ')/00,00 per year Number of Bid Proposal pnces submitted Specification "checkNoff" sheets submitted (pages 1 - 2) J ~s Y Qs/No ~~1 ~:itc;,/~ ~4l/ C4~,,~ COMPANY NAME V Cf~l/ -1116 -fLJ4).. TELEPHONE NUMBER ~~ SIGN TU E, ~e,\ I!l PRINTED NAM l CoUC~5SIt?i1.~~ .".~d- TITLE 07/27/2007 10:07 ~R6M) 9549451517 EAST COAST GOLF BALL PAGE 02 (THU)JUL 18 2007 22:0S/ST.22:07/Ho.7518SS92aa p 3 BID SPECIFICATIONS FOR LAKE DIVING CONTRACT/NINE LAKES AT MUNICIPAL GOLF COURSE In consideration for diving the Nine Lakes at the Links at Boynton Beach Golf Course for the purpose of retrieving golf baits. Please place an (X) on the blank line next to each item it a speclflcation is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specification j'Chock Off" sheets wifh the proposal sheet in order for a Bid to be considered. L 1. A minimum of 50% of the dollar amount Bid must be paid upon the signing of the Contract and any remaining balance must be paid within the following Six months. This process will stay in effect for each subsequent year of the Contract. NOTE: 80,000+ rounds of golf per year are played on the 27 holes. There are 9 lakes that come into play on most of those holes. L 2. All range balls recovered from the lakes by the successful bidder will be returned to the Golf Course, at no charge. within two weeks of retrieval. L 3. The sUCC8ssful bidder will be required to pay the City $.10 per usable range ball tumed in to the Golf Course and offel'Qd to the suecassful bidder at the end of each November. -L 4, The Concessionaire must maintain liability Insurance in the following amounts: $1,000,000 $1,000,000 Aggregate per incident -X-s. The Concessionaire must sign a dIsclaImer, as prepared by the City Attorney, releasing the Golf Course and the City of Boynton Beach from any liabilities in connection with the performance of this Contract. This form must be notarized and attached to the proposal. See attached form. E17/'!7!2E1137 113: EJ7 FROM %49451517 EAST COAST GOLF BALL PAGE B3 (THU)JUL 19 2007 ~~:O~/ST.22:07/No1751e3$S2aS p 4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. BIDS specs FOR LAKE DIVING/NINE LAKeS AT MUNICIPAL GOLF COURse CONTINUED... i6. The divers wHl be required to notify the Golf Q>urse Superintendent at least two (2) days in advance of their arrival. They must get approval for use of a golf utility vehicle to get around the course. No guarantee is made by the C~ty that such a vehicle will be available, however. all efforts Will be made to assist the divers ~n obtaining tra.nsportation onto the golf course. -1:-7, TERM: The term of the Contract shall be for a period of three (3) years from the date of this agreement. This contract shall be automatically renewed for five (5) additional one (1) year periods except at follows: a. If conditions are present which are considered by either party to be cause for 1~rmingtionr written notica =hall be provided to th!;! other party, and a sufficient period of time shall be given to correct the conditions. b. If the oonditions are not oorreoted with a reasonable ~riod of time, then the CONTRACT may be terminated for such conditions by giving thirty (30) days written notice. c. Upon ninety (90) days written notice by either party prior to the annual renewal datel this Contract can be terminated. --L 8. All bidders must supply a list) with their bid proposall of courses presently contracted with for the type of work. covered by this Contract. Also, how long they have been with these courses should be indicated. ~ 9. Bidders are encouraged to visit the City Golf Course located at 8020 Jog Road, Boynton Beach, FL 334371 and become familiar with the area, Please call ahead to make an appointment with Dan Hager, Manager of Golf Operations. The telephone number is (561) 742~ 6502. VI.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to Citv Clerk's Office [8J August 21, 2007 D September 4, 2007 D September IS, 2007 D October 2, 2007 D October 16,2007 D November 7, 2007 D November 20, 2007 November 5, 2007 (Noon) 0 --1 ;po November 19,2007 (Noon:;:: , '~ I L.) August 6, 2007 (Noon.) October 1,2007 (Noon August 20, 2007 (Noon) October 15,2007 (Noon) September 3, 2007 (Noon) September 17, 2007 (Noon) r ~ December 4, 2007 D AnnouncementslPresentations D City Manager's Report ~ D D ::.:: NATURE OF Administrative New Business Cf! AGENDA ITEM [8J Consent Agenda D Legal N D D Unfinished Business -.J Code Compliance & Legal Settlements D Public Hearing D RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for a Contract for Design Services for $273,200 to Glatting Jackson to provide construction documents, bidding assistance and construction review for the Congress Avenue Community Park and Boundless Playground. RFQ# 028-2730-07/CJD EXPLANATION: On August 1,2006, the City Commission approved the Master Plan for Congress Avenue Community Park and Boundless Playground. On June 19,2007, Commission approved the negotiation of a contract with Glatting &, Jackson, Kercher, Anglin, Inc. The Commission also approved $2,500,000 to be placed in Capital Improvements Projects (CIP). A Request for Qualifications was advertised. Seven (7) proposals were received that were reviewed by Wally Majors, Recreation and Parks Director, Tom Balfe, Parks Manager, Kevin Hallahan, Urban Forester, Jo1m Wildner, Palm Beach County Parks and Recreation Department, and Janelle Sloan, member of the Recreation and Parks Board. Glatting Jackson scored the highest. Their tasks will include coordination of the design team, development of construction documents, development of bid documents, assistant with bidding and selection, and on-site construction meetings throughout the duration of the project. PROGRAM IMPACT: N/A FISCAL IMPACT: The contract amount is $273,200 and is budgeted in the CIP (Account # 302-4298-580-63-05). AL TERNA TIVES: Not to enter into the contract. J3~~e"o' ;!~SSi_Me UML-- Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC C: lody Rivers - Parks Superintendent Wally Majors - Recreation Director File C-) '_'-i ::;-< -::0 ("") -., :--t:O ''10 :::j -< :::.:::;:: ui-l o o:=:: -., -., CO -rrl D> rr1("") 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO EXECUTE A CONTRACT FOR 7 DESIGN SERVICES WITH GLATTING JACKSON TO 8 PROVIDE CONSTRUCTION DOCUMENTS, BIDDING 9 ASSIST ANCE AND CONSTRUCTION REVIEW FOR 10 THE CONGRESS AVENUE COMMUNITY PARK AND 11 BOUNDLESS PLAYGROUND IN THE AMOUNT OF 12 $273,200.00; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, on August 1, 2006, the City Commission approved the Master Plan for 16 Congress Avenue Community Park and Boundless Playground; and 17 WHEREAS, seven (7) proposals were received that were reviewed with Glatting 18 Jackson scoring the highest (RFQ #028-2730-07/CJD), which was approved by the 19., Commission on June 19,2007; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon I 21 I recommendation of staff, deems it to be in the best interest of the citizens of the City of 22 Boynton Beach to approve the Contract for Design Services with Glatting Jackson Kercher. 23 Anglin, Inc., to provide construction documents, bidding assistance and construction review 24 for the Congress A venue Community Park and Boundless Playground in the amount of 25 $273,200.00. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. S:ICAIRESOlAgreementslGlalling Jackson - Congress Park (Boundless).doc , 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 . hereby approve and authorize the City Manager to execute a Contract for Design Services 3 with Glatting Jackson Kercher, Anglin, Inc., to provide construction documents, bidding 4 assistance and construction review for the Congress Avenue Community Park and 5 Boundless Playground in the amount of $273,200.00, a copy of which is attached hereto as 6 Exhibit "A". 7 Section 3. This Resolution shall become effective immediately upon passage. 8 PASSED AND ADOPTED this _ day of August, 2007. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 Janet M. Prainito, CMC 31 City Clerk 32 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CAIRESOlAgreementsIGlalting Jackson - Congress Park (Boundless).doc 2 CONSUL T ANT AGREEMENT FOR "LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES FOR CONGRESS AVE. COMMUNITY PARK AND BOUNDLESS PLAYGROUND" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Glattin2 & Jackson Kercher. An2lin. Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. L PROJECT DESIGNATION. The Consultant is retained by the City to perfornl CONSULTANT services in connection with the project designated. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B" attached hereto, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the city's assigned project manager. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by _ calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $273.200.00 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertammg to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-l 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1 ,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or CA-2 otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: Glatting, Jackson, Kercher, Anglin, Inc. 222 Clematis Street Suite 200 West Palm Beach, FL 33401 CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this _ day of ,20_. CITY OF BOYNTON BEACH City Manager Consultant Attest/ Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 EXHIBIT "B" Attached CA-S [C GLATTING JACKSON KERCHER ANGLIN Ja,-'k F, (;lat1in~. h)undcI \\:illianl 1. Anglin. JI DJ.vid L. Barth eire-gory A. BrylJ 0;111 L BurdeTl F1Jn\:~s E. Chandlc'r~~"lari110 Charlc~ P Cobhk Jay H. Exunl ("::trey S. Hayo Ja~ R. H~)od T1I11Olhy T Jackson Wilham C. KefcheJ. Jr. Walter 1'\"1. Kulash Brelll ii.... LJc) Sharon K. Lamantia Ian JVl. Lockwood Thomas J. rVkl'v13cken. .11 John H. Pen.'~ Troy P. Rll~:-' Peter C. St'chkl Donald C; Wishart Geo1lre.\ L Alkn Charles )\-1. Arkin:; Carrie L Borho i'dike 1. Brown Karl;':ll T Campblin t\att' L Clair David R Clau, Todd D. Clements 'vtichael R. COI.'hem A. Blake Drur) Shaull C Fcft'uSOIl Dougbs V elaines John T Griffin III ~1idUlt'J D lJfCell Bruce C. Hall John H Hamble) Daml M Hoppes P:Hricia Sepuh'eda-Hurd Cie0r~t' !\1. Kramel Gail [) Lace) LJUlence V Lewi." .lane Lim- Yap William D. Lites Kok Wan ,\'lah D:1n P. \"lJnlt'~ Jeffrey F ~.lanud Ed\":ard J. \-Ie ~ inney RalldJii S. \1ejeUl Douglas A. \tctzgel BaJraj 1\, Vlohaheet John .J _ \'loore III PJull1\.-looH:' Jonathan ~\"1. f\.1ugmon Kar~1l D. l\ehon Kathleell S. (J'Sulli\Jn Carlos F Perez Kelley Samuds Peterman Andr~a D _ Petersen Heather.r. Phiel \'lary Taylor Raulerson \Jl11..')' \1. R('iht'n~ Tara L. S.1lmie.ri Craig: .\ Shadrix A.ndrew B. Sheppard \like P. Sobczak \13-\\\t'1I D Spann Jeff \1 SugaJ Paul ..\. Taylol Ronald L l.Tbaniai G Jry E. \Varnc.1 Joseph J. 'v\'ebb fohn P:llll \V..:e"ncl :~c)mmu:: i t '/ Plan~in9 & Design _22 C1emath Street. Suite ':':00 \'\-e.;,;{ Palm Beach, Flonda 33401 P 561 659 b552 I-- 561 1'i3.J. 17l)() 1.\,\,,:\\ .~11 c: t -_ ir~g .com i\tl::Ult;t ,. Or1::ando Weq Palm B<:ach Task Order #05-01 City of Boynton Beach Congress A venue Community Park Glatting Jackson Project No. 20074.0 October 10, 2005 Revised August 2, 2007 EXHIBIT A - SCOPE OF SERVICES 1.0 PROJECT DESCRIPTION 1.1 The City of Boynton Beach (Client) desires to retain Glatting Jackson Kercher Anglin, Inc. (Glatting Jackson) to develop design, permitting, bidding and construction drawings and specifications for the first phase development of Congress A venue Community Park. The project is a 13.5-acre parcel located at 3111 Congress A venue in the City of Boynton Beach, Florida. The Client is the owner of the project. 1.2 The construction budget for the development of the park IS currently estimated at approximately $2.5 million dollars, as follows: Site Preparation 276,850 Utilities , 385,000 Buildings 280,000 Water Features 40,000 Paving 65.200 Landscape 170,500 Fixtures 90,000 Recreation Elements 415,000 Public Art 20,000 Subtotal $1,742,550 General Conditions (8%) 139,404 Contingency (20%) 348,510 Subtotal $2,230,464 Survey $17,000 Design (8 % +) $182,000 Permitting, Bidding, Construction Admin. Services 74,200 TOTAL $2,503,664 1.3 Glatting Jackson shall act concurrently as the Project Manager for the project, as well as the Park Planner and Landscape Architect. 1.4 Professionals working on the project as subconsultants to Glatting Jackson include the following. The Client hereby acknowledges and agrees that Glatting Jackson will assume responsibility for the coordination of work produced by any subconsultants to Glatting Jackson as Project Manager for the project. However, the Client agrees that Glatting Jackson does not bear any liability for the technical accuracy of work prepared by others. All professional firms working on the project shall bear separate responsibility and liability for Glattinf!, Jackson Kercher Anf!,lin. Inc. Pagelof12 [C the work prepared by them. Architectural, Structural, Electrical Design Civil Engineering, Survey, Permitting Planting and Irrigation Design Public Art Consultant Stephen Boruff AlA Architects & Planners Michael B. Schorah and Associates Roy-Fisher Associates Beth Ravitz 1.5 Professionals working on the project under contract with the Client include a Geotechnical Engineer. 1.6 All work shall be completed in accordance with the terms and conditions of the Consultant Agreement for Landscape Architectural Consultant Services between the Client and Glatting Jackson dated October 5,2005. 2.0 SCOPE OF SERVICES PART I - Data Collection and Analysis 2.1 Project Management - In addition to the specific services detailed below, GJatting Jackson shall coordinate our work and our sub consultant's work with the Client" s representati ve. monitor the project schedule as it relates to this scope, and provide timely invoicing and reporting of project progress. J J Geotechnical Data - The Client's Geotechnical Engineer shall conduct soils tests am. hazardous materials analysis for the site, including borings for the stormwater management system design, building foundation design. and parking lot design. Glatting Jackson will provide a Conceptual Site Plan to the engineer who will identify the approximate locations of anticipated required borings. Copies of the soils report and borings shall be provided to the Project Team for their use. 2.3 Site Inspection with South Florida Water Management District (SFWMD) Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers (ACOE) - Glatting Jackson's Civil Engineering subconsultant shall conduct a review of the site with representatives of the SFWMD, FDEP and the ACOE. The Engineer will obtain confirmation of any wetland jurisdiction determination. 2.4 Site Boundary, Tree Survey and Topographic Data - Glatting Jackson's Civil Engineering subconsultant will conduct a survey of the site and prepare a base map that will be used by the design team to prepare design documents. The base map will show the location of existing features, including but not limited to topography, boundary. vegetation, wetland jurisdictional information, species of special concern information. adjacent land uses, adjacent zoning, utilities, right-of-way information and easements, Wetland jurisdiction information will be based on the information previously prepared by Glatting Jackson. Any additional field work needed to determine or nag wetlands jurisdictions shall be completed as an additional service to this Agreement. (;/rlft;lIg Jtw/.:S()!I herdiCI' Anglin, hi(" Pa~c 2 u( ] =: [C 2.5 Client Review - Glatting Jackson's Civil Engineering subconsultant shall provide the survey to the Client for review and questions. The Client shall provide one (1) set of written comments to the engineer, if necessary, which shall be incorporated into the survey to create an accurate base map for the project. 2.6 Site Analysis Memorandum and Base Map - Glatting Jackson shall coordinate the preparation of a memorandum and map summarizing the findings from the tasks outlined above, and submit one (1) copy to the Client for review and comment. 2.7 Review Meeting/ Schematic Design Kick-off Workshop - Glatting Jackson shall conduct a meeting with the Project Team and Client to review and discuss the Site Analysis Memorandum and Base Map; to discuss any constraints to development of the site; and to brainstorm thematic ideas and public art opportunities to kick-off the Schematic Design of the project. Glatting Jackson shall revise the Site Analysis Memorandum one (1) time based on the Client's comments, if necessary. If additional revisions, analysis or field investigations are determined to be necessary, these shall be provided to the Client as an Additional Service. Part I Deliverables - As a result of these tasks, the Clatting Jackson Project Team shall produce the following: Site Inspection Meeting Minutes with SFWMD,FDEP and the ACOE (LBFH) Site Analysis Memorandum and Base Map (Clatting Jackson) Review Meeting/ Schematic Design Kick-off Minutes (Clatting Jackson) P ART II - Schematic Design Documents - 30% CDs Submittal Construction Documents shall be developed for the Phase 1 improvements outlined under paragraph 1.2 of this Agreement. If additional program elements are requested by the Client, Glatting Jackson shall provide the design, permitting, and construction of those elements as an Additional Service. It is not anticipated that Phase 1 development will include any improvements to the existing park entrance or parking lot; a paved sidewalk will connect the existing parking lot to the restroom building. The removal of exotic plants and the installation of a vegetative buffer shall be constructed in accordance with previously prepared construction documents. The anticipated Development Program for the development of the design and construction documents includes: . Boundless playground . Hardscape (including sidewalks and plazas), trellises, landscape and site furnishings around the playground . Restroom building ( to be expanded into the "Boundless Center" at a later date) . Site (Phase I) signage, lighting, landscaping and irrigation . Infrastructure and site work necessary to support the improvements listed above. 2.8 Schematic Design - The Glatting Jackson Project Team shall prepare schematic development plans based upon the master plan design and budget prepared previously. The following will constitute the scope of the Team's work: . Overall site and hardscape plans for Phase 1 development, including site furnishings and signage (Glatting Jackson) Glauing Jackson Kercher Anglin, Inc. Page 3 of 12 [C . Landscape and irrigation plans identifying proposed plant massll1g and irrigation mainline routing (Roy-Fisher) . Schematic architectural design of the proposed restroom building (Boruff) . Schematic civil design including paving, grading, drainage and utilities (Schorah) . Schematic M/E/P design including site lighting/ electrical (Boruff) . Statement of probable costs (each Team member per their drawings) Glatting Jackson will consolidate the various plans prepared by the Project Team into a set of documents (30% submittal) for the Client to review. 2.9 Client Review/Meeting - The 30% submittal will be distributed by the Client to applicable City Staff for their review. The Client will provide the Project Team with one (] I consolidated set of written comments and/or marked up drawings prepared by City Staff Based on comments provided by the Client, Glatting Jackson will then distribute the consolidated list of written comments to the Project Team. Glatting Jackson and the Project Team will then meet with the Client one (I) time to review and discuss the comments. Revisions in response to the review comments will be incorporated into the 60o/c Construction Documents. Additional revisions or changes in response to subsequent revie\\ comments requested by the Client shall be provided as an Additional Service. 2.] 0 Coordination Meeting - Glatting Jackson and the Project Team shall attend a coordination conference call/meeting to verify all review comments from the 30o/c Construction Documen submittal are addressed and incorporated into the 60o/c Construction Document submittal. Part /1/ Deliverables- As a result of'these tasks. Clatting Jackson and the Pro;ect Team shall produce the following: Five (5) black and white schematic plans at a scale of' /., = 20': idenrif"ing proposed plant massing, site features and theming (Clatting Jackson) Five (5) sets of Schemaric Civil drawings ar a scale (~f' / ., = 20' ISchorahi Five (5) sets of Schematic Architectural drawings at an applicable scale to illustrate the design intent (Stephen Borufj) Five (5) sets (jf'Schematic M/E/P drawings at an applicable scale to illustrate the design intenr (Stephen Boruff) Five (5) sets of up 10 nvent)' 120} 8//2" X J J" cur sheers of'sirefill71iture andfeatures (Glatting Jackson) Five (5) copies (jf'the order of'magnitude statement of probahle cost I each Team member per their drmvings) One ( J) Client Review Meeting Minutes (Clatting Jackson i PART III - Design Development Documents - 60% CDs Submittal 2. ] I Design Development Documents - Based on the approved Schematic Design Documents. Client review comments, and the Statement of Probable Costs, the Glatting Jackson Project Team shall prepare Design Development Documents (60% CDs) for the project. These documents will further refine and articulate the project elements established in the Schematir Design phase. (;/Uf(;nJ..: .hJ("ksoll Ken"lIer Anglin. Iril Pat:c -+ of I ~ [C 2.12 Statement of Probable Cost - Glatting Jackson shall prepare a Statement of probable cost based upon the Design Development Documents. 2.13 Client Review/ Meeting - The 60% submittal will be distributed by the Client to applicable City Staff for their review. The Client will provide the Project Team with one (1) consolidated set of written comments and/or marked up drawings prepared by City Staff. Based on comments provided by the Client, Glatting Jackson will then distribute the consolidated list of written comments to the Project Team. Glatting Jackson and the Project Team will then meet with the Client one (1) time to review and discuss the comments. Revisions in response to the review comments will be incorporated into the 90% Construction Documents. Additional revisions or changes in response to subsequent review comments requested by the Client shall be provided as an Additional Service. 2.14 Planning and Development/Building Department Courtesy Review - Glatting Jackson will also submit the 60% Construction Drawings to the City Planning and Development/Building Department for their review and comments. If necessary, Glatting Jackson and the Project team will meet with the Planning and Development/Building Department up to two (2) times to discuss unclear comments. Comments from the Planning and Development/Building Department will be incorporated into the 90% Construction Documents by each member of the Project Team. Additional revisions in response the City Planning and Development/Building Department comments shall be provided as an Additional Service. 2.15 Coordination Meeting - Glatting Jackson and the Project Team shall attend a coordination conference call/meeting to verify all review comments from the 60% Construction Document submittal are addressed and incorporated into the 90% Construction Document submittal. Part IV Deliverables - As a result of these tasks, Glatting Jackson shall produce the following: Five (5) sets of Design Development Documents 60% CD's (each Team per their drmvings) at a scale of 1" = 20' and/or an applicable scale to illustrate the design intent Five (5) copies of the Statement of Probable Costs (each Team per their drawings) ( I) Client Revie\1' and P&D Courtesy Review meeting minutes (Glatting Jackson) PART IV - Construction Documents - 90% and 100% CDs Submittal 2.16 Construction Documents - Based on the reviewed Design Development Documents, the Glatting Jackson Project Team shall prepare Construction Documents for the project as follows: Site! Hardscape Plan (Glatting Jackson) . Phase 1 Site Plan . Hardscape plan and paving details . Park signage including entry, directional and interpretive signs . Playground location and layout . Site furnishings plan and details, including benches, trash receptacles, drinking fountains, and bicycle racks . Technical specifications that define materials and methods appropriate for Clattin!? Jackson Kercher An!?lin. fnc. Page 5 of 12 [C construction (excluding signage) . Statement of probable construction costs Civil Engineering and Permitting (Schorah) . Civil site plan showing the site layout · Permitting including but not limited to South Florida Water Management District (SFWMD)/F1orida Dept. of Environmental Protection (FDEP) and the Army Corps of Engineers (ACOE), if required . Grading and drainage plans . Water and sewer plans for the proposed restroom building . Technical specifications that define materials and methods appropriate for construction . Statement of probable construction costs Architecture, M/E/P, (Stephen Boruff) . Architectural/MEP plans (restroom building) . Site lighting plans . Technical specifications that define materials and methods appropriate for construction . Statement of probable construction costs Landscape and Irrigation (Rov-Fisher) . Landscape and irrigation plans . Landscape and irrigation details . Technical specifications that define materials and methods appropriate for construction . Statement of probable construction costs 2.17 Client Review/Meeting - The 90% submittal will be distributed by the Client to applicable City Staff for their review. The Client will provide the Project Team with one (I) consolidated set of written comments and/or marked up drawings prepared by City Staff. Based on comments provided by the Client, Glatting Jackson will then distribute the consolidated list of written comments to the Project Team. Glatting Jackson and the Project Team will then meet with the Client one (1) time to review and discuss the comments. Revisions in response to the review comments will be incorporated into the 1009;- Construction Documents. Additional revisions or changes in response to subsequent revie\\ comments requested by the Cl ient shall be provided as an Additional Service. 2.18 Coordination Meeting - Glatting Jackson and the Project Team shall attend a coordination conference call/meeting to verify all review comments from the 900/, Construction Document submittal are addressed and incorporated into the 100% Construction Document submittal. 2.19 Final (100%) Construction Documents - The Glatting Jackson Team shall prepare the final set of Construction Documents, incorporating review comments from the 900/, Client revie\\ meeting and the Planning and Development/Building Department review. The documents will be suitable for bidding and construction of the design elements of the project as detai lee in this scope of services. (;!uuing JU('/.:..\on Ken"her Anglin. In( Pap:e fJ uf 1.::' [C Part IV Deliverables - As a result of these tasks, Glatting Jackson and the Project Team shall produce the following with plans presented on 24" x 36" sheets at a scale of]" = 20'- 0": Two (2) black and white sets of 90% Construction Documents (for Client and Planning/Building Department submittals) One ( I) copy of the 90% Statement of Probable Cost One (I) set of90% Technical Specifications Ten (10) sets of 100% Final Construction Documents One ( I ) copy of the 100% Final Statement of Probable Cost One ( I ) set of 100% Final Technical Specifications PART V - Permitting 2.20 Regulatory Permitting - Glatting Jackson shall work with the project Civil Engineer who will complete and submit applications necessary for the project to be approved by other public agencies having jurisdiction, including but not limited to: . South Florida Water Management District (SFWMD) . Florida Department of Environmental Protection (FDEP) Environmental Resource Permit . Army Corps of Engineers (ACOE) . City of Boynton Beach Utilities . Lake Worth Drainage District The Client shall sign all permit applications and pay all permit application fees directly to the appropriate agency at the required time. 2.21 Building Permit - Glatting Jackson will provide three (3) signed and sealed sets (by each Team member as appropriate) of 100% Final Construction Documents to the Building Department for permitting. Glatting Jackson will respond to, and coordinate responses from the Project Team to, questions prepared by the City's Building Department. Glatting Jackson and the Project Team will revise drawings one (I) time, for the issuance of a building permit. Additional revisions or changes in response to subsequent review comments requested by the Client shall be provided as an Additional Service. 2.22 Coordination Meeting - Glatting Jackson and the Project Team shall attend a coordination conference/meeting to verify all review comments from the City Building Department and public agencies having jurisdiction of the project are addressed and incorporated into the Issued for Bid Construction Document submittal. Part V Deliverables - As a result of these tasks, Glatting Jackson shall produce the following: Permit applications to the agencies specified Three (3) sets of 100% Permit Documents Glatting Jackson Kercher Anglin. Inc. Page 7 of 12 [C PART VI - Bidding 2.23 Bidding Assistance - Glatting Jackson and the Project team will assist the Client in pre- qualifying contractors to bid on the project. Specifically. the Project team will advise the Client of their experience(s) with specific contractors on similar projects. Once the Client has bid the project, Glatting Jackson and the and the Project Team will attend one (I) pre-bid meeting, prepare unit price bid forms, issue twelve (J 2) sets of documents for bidding to bidders approved by the Client, sells plans to interested bidders. respond to contractor questions and issue addenda, review bids, and recommend selection of a contractor. Recommendations will be based upon past experience of the contractor. price. and availability to perform the work within the anticipated schedule. If all legitimate bids received exceed the final statement of probable cost by more than 50(, services to revise the construction documents and re-bid the project, at the request of the Client, shall be provided as an Additional Service. Drawings will not be revised if bids exceed the final statement of probable cost by less than 5%. Part VI Deliverables - As a result o{ these tasks, Clatting Jackson shall produce th(' follO\ving: One ( I) copy o{ Pre-hid Meeting Minutes Twelve (12) sets of Issuedfor Bid Documents in a Digital Format Response to bidder's questions Addenda to Bidding Documents as needed Memorandum q{ recommended contractor PART VII - Construction Administration 2.24 Nursery Site Visits - To ensure availability and quality, Glatting Jackson will make one ( I ) nursery site visits to review proposed plant materials. Glatting Jackson shall coordinate the visit with the Client. Included in this process is an allowance of twenty four (24) hours. inclusive of travel time, for Glatting Jackson to inspect, approve. and tag plant material. 2.25 Construction Observation - Construction is presumed to occur in a single phase over a period of ten (10) months. The Glatting Jackson team will attend one ( ] ) pre-construction meeting. The Glatting Jackson team will visit the site twice a month to attend coordination meetings with the Client and Contractor and to become familiar with the progress and quality of work and to determine if the work is generally proceeding in accordance \vith the construction documents. Each site visit will be followed by a report to the Client of known deviations from the contract documents and from the most recent construction schedule submitted by the Contractor. However Glatting Jackson shall not be responsible for the Contractor's failure to perform the work in accordance with the requirements of the contract documents. Glatting Jackson will review and comment on shop drawings, change orders. RFI's and contractor pay applications. A total of twenty-two (22) site visits/meetings are included in this Agreement for Construction Observation for the Project Team. including tht pre-construction meeting and Substantial Completion walkthrough. (;/uttinr.: ,hu'/.:.S(lJ} Kcu'hcr.AnJ,.:lin, In! Page ~ nC I ~ [C 2.26 Final Review - Glatting Jackson and the Project team will provide the Client a letter stating that the project has been constructed in substantial conformance to the Construction Contract Documents. Substantial conformance is defined as an assurance to the Client that the project may be used for the purpose for which it was intended. Additional meetings or visits, if requested by the Client, shall be provided as an Additional Service to this Agreement. Glatting Jackson shall not be responsible for the methods or means of construction and shall not provide continuous or exhaustive site visits or supervision of construction. The Client shall be responsible for supervision of construction of the project. 2.27 Project Closeout - Glatting Jackson will provide the Client and Project Team with digital copies of the project files for their use/records. Part VII Deliverables - As a result of these tasks, Clatting Jackson shall produce the following: · One (1) Pre-construction Meeting Minutes · Up to twenty (20) field reports . Shop drawings review and approval by each Project Team member · Responses to Requests for Additional Information (RFI) · One ( I) substantial completion letter and punch list . Three (3) CD's containing the project drawings and other documents as appropriate PART VIII - Additional Services 2.28 Additional Services - Glatting Jackson will provide Additional Services as mutually agreed upon between Glatting Jackson and the Client. These may include but are not limited to: Revise drawings, specifications or other documents when such revisions are: . Inconsistent with approval or instructions previously given by the Client, including revisions made necessary by adjustments in the Client's program or project budget . Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents . Due to changes required as a result of the Client's failure to render decisions in a timely manner Provide services required because of significant changes to the project (e.g. size, quality, complexity, the Client's schedule, method of bidding and negotiating the contracting for construction) Post-"Issued for Bid" Drawings Redesign Value Engineering (VE) Redesign in Response to Bid Services necessitated by Client's or Contractor's default Additional work resulting from bidding, negotiation or construction pnor to the completion of Construction Documents Prepare record drawings Warranty review site visit Contract Administration Between Owner and Contractor Multiple "Substantial Completion" Site Visits Phased Construction (if phasing occurs after contract negotiation) Glattinf? Jackson Kercher Anf?lin. Inc. Page 9 of 12 [C PART IX - Services Not Provided 2.29 Services Not Provided On-Site Construction Management As Built Documents Any work required by federal, state, or local code to be provided by a licensed professional other than a Landscape Architect is beyond the scope of the work to be performed by Glatting Jackson. Each professional on the team will sign and seal documents containing the work prepared by them. 3~ PROJECT SCHEDULE Glatting Jackson is prepared to begin work on the project immediately upon receipt of this executed Letter of Agreement and a retainer if required under Compensation. Glatting Jackson, in consultation with the Client, shall perform its work in such a manner as to comply with an agreed upon schedule. 4.0 ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project. and will havt the responsibilities described: David L. Barth Mike Sobczak Chad Atkins Carlos Perez Jonathan Mugmon - Principal-In Charge/Principal 5 - Project Manager/Urban Designer 4 - Landscape Designer 3 - Landscape Architect 2 - Graphic Artist 4/Signage & Wayfinding 5.0 COMPENSATION 5. ] Parts I - VII - The fee for the work described in Part I -VII shall be a lump sum fee of twu hundred seventy three thousand two hundred dollars ($273.200) including direct expenses. The Client shall be billed on a monthly basis as a percent complete of the fees. 5.2 Part VIII - The fee for Part VIII, Additional Services, shall be billed using the hourly rate'. listed herein, or as an agreed upon fixed fee. 5.3 Application Fees - All application, filing, and permit fees, including, without limitation. all fees to ]ocal, regional and state governments and agencies. shall be paid by the Client directly to the appropriate agency at the required time. 5.4 Subconsultant Fees - Fees for subconsultants working on this project under direct contract with G]atting Jackson are included in the fees for each part of the '.cope of services detailed above. Glatting Jackson bears no liability for the technical accuracy of work prepared by others including subconsultants to Glatting Jackson. (;Jurring Juckso" Kercher Allg/"I. III ( PagL' III or I ~ [C Beth Ravitz Michael B. Schorah & Associates Stephen Boruff Architects Roy-Fisher Associates Total $10,000.00 $62,780.00 $42, I 00.00 $ 18.400.00 $133,280.00 5.5 Retainer - No retainer will be required. 6.0 CLIENT RESPONSIBILITIES 6.1 Client shall designate a Project Representative immediately upon execution of this Letter of Agreement, who shall be Glatting Jackson's point of contact with the Client, and who shall, by virtue of Client's designation, have authority to bind the Client. The Project Representative shall be responsible for all coordination with the Owner (if a separate person or entity from the Client as shown in Article 1) and any separate consultants. 6.2 Client shall provide full information to Glatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the Client's objectives, and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary for completion of the project. 6.3 Client shall comply with any schedule requirements made known to the Client by Glatting Jackson and, in any event, shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 6.4 Client shall be responsible for all other aspects of the project not specifically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. We look forward to working with you on this project. If you find these terms acceptable please sign where indicated below and return one signed original to Glatting Jackson for our files. Please call me if you have any questions. Sincerely, Mike Sobczak Project Manager Glattinf{ Jackson Kercher Anf{lin, Inc. Page 11 of 12 [C AGREED TO AND ACCEPTED BY: City of Boynton Beach By: Its: Date: By: Its: Date: Glatting Jackson Kercher Anglin, Inc. David L. Barth Vice President August 2, 2007 (;t([t!in~ J{U'ksOIl Kerdlcr ,Anglin, In( Page 12 of ! ~ VI.-CONSENT AGENDA ITEM 8.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office ~ August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15. 2007 (N oon) ~ - ~ 0 September 18,2007 September 3, 2007 (Noon) 0 November 20,2007 November 5, 2007 (Noon6 I 0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19, 2007 (NOOl~ J:>- 0 Announcements/Presentations 0 City Manager's Report 0 NATURE OF 0 Administrative 0 New Business N AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Request the authorization to purchase two (2) Lime Paste Slakers, Series A-758 for the East Water TreatmentPlant. The cost for the Lime Paste Slakers are $71,668.00 each, for a total amount of$143,336.00. EXPLA...~A TION: Lime Paste Slakers are used to process lime rock into slurry paste to soften the water and control the pH in the water. The original Lime Paste Slakers were installed in 1989 and 1993 and over the past few years, the Utility Department has been routinely replacing and repairing parts for the slakers. The slakers are in need of replacement and would be purchased through Water Treatment and Controls Co., a Sole Source vendor for this equipment. The two units will be installed by qualified staff from the Utilities Department. The City will supply piping, electrical and water to the units. PROGRAM IMP ACT: The Lime Paste Slakers are necessary in controlling the pH in the City Of Boynton Beach water supply. FISCAL IMP ACT: The funds for this purchase are available in the Renewal and Replacement Account number 403-5000-59-96-02, Project number WTROI7. ALTERNATIVE: Not replacing the slakers could result in an umepairable breakdown of existing machinery, which would jeopardize the quality of the water supply. ~1:J~" ~,~ 1 Manager's Signature ~ Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC C") ("") -f =i-< -<0 ~)-'r1 '-CD 1'10 ~-< "".....z U')-i ,., A::. -" -,-,co -fTl n> fTlC') :I: MEMORANDUM Utilities #07-105 To: Bobby Jenkins Asst. Finance Director From: ~Kofi Boateng, PEY Utility Director Date: July 30, 2007 Subject: Purchasing of two (2) Lime Paste Slakers for EWTP The Utility Department would like to purchase 2 Lime Paste Slaker, Series A-758. The East Water Treatment Plant owns and maintains 3 Lime Paste Slakers. The installation and operation of these three units have been successful, originally installed in 1989 and 1993. Within the past few years we have been replacing and repairing parts for the slakers. The 2 units will be installed by our qualified staff here at the East Water Treatment Plant. The City will supply piping, electrical and water to the units. The Cost for the Lime Paste Slaker is $71,668 each for a total for a total of $143,336.00. Funds are available in account number 403-5000-59-96-02 Project # WTR 017. Attached please find a Sole Source letter from the distributor Siemens Water Technologies Corp. The quote is dated 11/2/2006 we called and spoke to Frank Smith, Sales Manager and verified quote is still valid. Please present this at the next City Commission meeting for their approval. If you have any questions contact me at ext. 6401 or Melvin Pinkney at ext. 6428. /ME: Attachments "k . ">, .oa- CC: Michael Low \)..~ Barb Conboy ~v I ~ t.Ol Melvin Pinkney REQUEST FOR REQUISITION I H.T.E. ENTRY DATE: 7/30/07 T.E. REQUISITION # Clerk: ME Procurement Ass't: Director: i i City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Purchase 2 Lime Paste Slakers for the EWTP. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Water Treatment & Controls Co. Admin. ( ) Date: 7/30/07 ASAP (X) Address: 9900A N. Palafox Street Construction ( ) Date Needed: 8/14/07 Confirm. ( ) Pensacola, Florida 32534-1227 Cust. ReI. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): Chip Ross Water Qual. ( ) QuotesN erbal ( ) E. Admin. 40 ( ) (over $500) ,jO-474-1805 Pumping ( ) Quotes/Written ( ) E. WTP 41 (X) (over $2000) Vendor Number: 3109 PWTreat. (X) Bid Docs. ( ) W.WTP 42 ( ) Meter Servo ( ) Sole Source Ltr. (X) PIU 99 ( ) INITIA TOR: Melvin Pinkey Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Strmwtr. ( ) SNAPs/GSA/Piggy-back Project Number:WTR017 #: Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 2 $71,668 (2) Lime Paste Slakers 403 5000 59 96 02 143,336.00 TOTAL 143,336.00 I APR-10-2007 TUE 11:08 AM WATER TREATMENT FAX NO, 4741776 p, 01 FAX Water Treatment & Controls Co. (850) 474-1805 (800) 826-7699 (850) 474-]176 FAX 9900A N, PALAFOX STREET. PENSACOLA. FLORIDA 32534-1227 DATE: April 10, 2007 TO: Mr. Melvin Pinkney. City of Boynton Beach, FL FAX: }..561-742-6478 PHONE: 1-561-742-6428 REF: W &T Slaker Prieing FROM: Chip Ross CC: Mike Robbins NUMBER OF PAGES INCLUDING COVER SHEET: 3 ....................~.~....e..................~.....+e...*.~**.c...$............................ Good afternoon Melvin, I am faxing last November's quote for the Wallace & Tieman@ 1,000# Lime Slaker. Please be advised, that it would be a good idea to add additional funds to cover any price increase. I suggest at least 5%. If you have any questions, please don't hesitate to call me at 800-826M 7699 or Mike Robbins at 352-267- 3223. Thanks for your interest in Wallace & Tieman Products. Best;~~ PARTS SERVICE SALES APR-10-2007 TUE 11:08 AM WATER TREATMENT FAX NO. 4741776 P. 02 SIEMENS 5ie1l1Ctllll WIlIer TlIctmOIQllles TEL (858) 507-9000 1M' West GIw'r:lsn ~ FAX (05tl) 507-4079 Vu1e1and. NJ 08380 EQVIPIf~NT OFFERING PRWECT: Boynton Beach Boynton Beach. FL OA TE: AI: tI: REVISION #: 11/2/2006 260655 o PROPOSAL TO: John Reynolds SPEC.SECTK>N: RFQ W& T AE: David Stonage REGIONAL MGR: Frank Smith SCOPE OF SUPPLY QUAN DESCRIPTION 1 Series A"758 Lime Paste Sl8Ier. 1000 PPH Capaclty complete with: - Calton Sleet Trough . 112hp Paddle Shaft Motor - 3ph, 2301<46Ov, 6Oh~ C1. B - vapor & Dust Arre5for, Mecl181lieal Torque Valve. WPRV, Strainer & Gauge, . Solenoid for auto batch and adapter - Slaker delivers 18% Slurry Concenb'lllion . Unills shipped Prt-WIred/ Pr&-Piped, Assembled & Tested 1 Conveyor Type Grit Remover for 1000 PPH Capaclty SJaker - Ca'bon Steel . complete with: -l/4hp Grit Remover Moler. 230/46Ov. 3ph. 60hz TENV & Gearbox . Grit RernOYer Attachments, V~, Parts for 18% Concentration - Support for Conveyor Type Grit Remover 1 Series 31-165 Gravimetric Bell Feeder. 1000 PPH C~acIty complete with: . SCR & Setpolnt Conltollel'$ - Feeder Support POSlll. Feeder Oischllfl111 Connection . Weigh decks, load eeIIs, brOl<en belt delector 1 Slandatd Control Panel For Slaker. Grit Remover, & Feeder complete with; - NEMA 4 Endosure - Carbon $lee! ... Enclosure Mounting Parts - Relay Logic Conlrols, Aulo-B8rd1ing, Totalizer - Feed-Rate Control & Readout Meter, Switches. Llghts, Disconnect Switch . 4-20 mA Control of Grlllimetnc Feedar 1 Inlet RelCible Connection. Hypalon (UXE 13755) NOTE 1 Siemens Water Technologies proposes to furnish materials. and/or equipment for the above mentioned project. Any items not shown above as detailed under 'SCOPE OF SUPPLY', or other attachements to this Proposal. are EXCLUDED. In addition, installation labor. miscellaneous plumbing, fittings, valves, chemical supply. tanks. mixers. instruments, motor starters. main connections, diffusers, supports. anchor bolts and electrical conduit not specifically mentioned above. shall be supplied by others. NOTE 2 Any orders resulting from this proposal are subject to the Seller's Terms and Conditions of Sale attached. Bid price does not include any applicable taxes. and is valid for 60 days. Site Startup Service is included as indicated below. Terms: 100% Net 30 FOB: Factory with Freight Allowed to Jobsite Submlttat: Shipment: Startup: Price; 8 12-14 3 $71.668 weeks ARO weeks ARA days included Thank you for your interest in Siemens Water Technologies. We are committed to meeting your expectations. Local Sal.. Water Treatment & Controls ~ Pensacola, F"L Contact: Mike Robbins Tel: (850) 474-1805 Fax: (850) 474-1776 Salee Manager Frank Smith Tel: (630) 933-8582 Fax: (630) 933-8587 APR-10-2007 TUE 11:09 AM WATER TREATMENT FAX NO, 4741776 p, ~TANIM.RD l'UM..4WF SAU I. Ap!,li~l~ Tmoll. These terms govern the purchase and sale of the equipment llTId reluteli :lC:fViccs, ifuny (collectively, "Equipment"), referred to in Seller's purchase order, quotation., proposal or aclml)wledgrnent. lIS the case may be ("Seller's Documentation"). Whether these tenns are included in an otTer or 1m acceptllncc: by Seller, such otTer or ~te is COIIditioned on Buyer's assent to these terms. Seller rejectS alllldditiollal Of di lferent terms ill ilIly of Buyc:r' s fonns or documen~. 2. Pavrnent. Buyer shall pay Seller the full purcbase price lIS set forth in Seller's Documentation. Unless Seller's Documentation provides otherwise, freight, ~ insurance and aU taxes, du.ties 01' other govemmenbll charges relating to the Equipment shall be pai(! by Buyer. If SeUer is required to pay any such chllTges. Buyer shall il'll1llC:dilltely rc:imb1ll'SC ScHer. All payments Me due within 30 days after receipt ofinvoicc. Buyer shall be charged thlllower of 1 \4% interest per month or the mllXimum kgal rate on all amounts not receiYed by the due dale and :lImI1 PllY aU of Seller's reasonable costs (including anomeys' fees) of collecting amounts due but unpaid. All orders are subject to credit approval. 3. Delivery. Delivery ofthc Equipment shall be in material compliance with the schedule in Seller'lj Documentation. Unless Seller's Docwncntation provides otherwille, Delivery terms are F.O.B. Seller's facility. 4. Ownership of Mare rials. All devices, designs (including drawings, pllUl.S and specifications), estimates, prices, noleS, electtOnic data and other documents or information prepared or disclosed by Seller. and all rGlllted intellectual property rights, shall remllin Seller's property. Seller grunts BU)1:r a non.exclusive, non. transferable licen$(: to ulse i1DY such material solely far Buyer's use of the Equipment. Buyer shall not disclose any such makriallO third parties without Seller's prior wriUm oonscnt. 5_ Chan&f:S. Seller shall not implement any changes in the soope ofwolt- described in Seller's Documentation unl!:iSS Buyer and Seller agree in writing to the detlliIs of the chan~e llnd any resulting price, schedule or other COOl1'3CtllUl modillCllrtions. This includes any changes necessitated by II change in applicable law OOCtllTing after the effective dale of any co.ntract including these termIl. 6. Warranty. Subject to the: following sentence, Seller warrants to Buyer !hat: lile Equipmeat shall mlttc:rially oonfonn to the dilSaiption in Seller's Documentation Imd shall be free: from defects in material and workmanship, The foregoing wammty shall not apply to any Equipment that is specified or otherwille demanded by Buyer IIJId is not mlmufactunld or selected by Seller-, as 11) whil,.t! (i) Seller lu:reby assigns to Buyer, to the extent assignable, any wammties made to Seller and (ii) Sellf;J' shall have DO olber liability to &lyer un4c:r wammty, tort or any other legal theory. JfBuyer Sives Sellet prompt written notice ofbn:ach of this warranty within 181DODths from delivery or I Yelsr trom acceptance. whichever occurs first (the .W8lTanty Period"), Seller shalt. lit itl; sole option and lIS Buyer's sole remedy, rqmir or replace the ~ubject parts or rd\md the purclwe price therefOre. If Seller d.el.enni1le$ that lltIy claimed bmteb is not, in fact, covered by this Warl'llllJy, Buyer shall pay Seller its then customary c:barges for any .repair or replacement made by Seller. Seller's warranty is cooditiooed 00 Buyer's (a) operating and maintaining the Equipment in accordance with Seller's in$ttuctil~ (b) not making any IJD8IItboriDd repairs or altetati<lns, ~ (c) Pot being in dc=fwlt of IIIIY PilYJllCDt obligation to Seller. Sell warranty does not (lOver damage caused by chemical action or abrasive material, misuse or improper in.staIlation (unless insmlled by Seller). THE W ARRANTIl FORTII INTmS SECTION ARE SELLER'S SOLE AND EXCLUSlVE W ARRANTlES AND ARE SUBJECt' TO SECTiON 10 BELOW. SEl.LER MAKES r-.v OTHER W ARR.ANI1E.r>; OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT UMIT A TrON, ANY WARRANTY OF MERCHANTABJUTY OR FITNESS FOR PURPOSE. 7. i~J1it,}:. ScIIc:r shall indemnify, defend and hold Buyer hltmlless from any claim, cause of action or liability incurred by Buyer as a resull ofthifd pllrty claim~ for personal iJijury, death or damage to tangible property, to lhe extent caused by Seller's negligence. Seller shall have the sole authority to ~ the defimso of and 5Cttle any indemnified c:Iaim. Seller's indcmni6catiou is oonditiooed on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the deftm~ of any claim. 8. Fnroc: Mli,.lWt, Neither Seller l\O( Buyer-Shall have: lUly Iu.bility for any breach (except for breach of pllymetlt obligations) causl:d by eiUr1:me wellthcr 01' other act of God, mike or other labor stlottuse or disrurbance, fire, accident, war (If civ il di."Iturbllnce, delay of Clllriers, failure of normal sources of supply, act of government or any other- cause beyond such party's nlasooable control. 9. Cancellation. if Buyer ClUlce1s or $wlpend:> its OrGc;r for IIDY reason other than Seller's breach, Buyer shall promptly pay Sc:Uer for work performed prior to cancellatiQf1 or suspen$iCltl und uny other direct costs incurred by SeUer as a reSlllt of such cancellation or sUllpension. 10. R=vation Cllm:f~. Buyor aclcnowledges tIW Seller is required to comply with applicable export laws and regulations relating to the sale, expottlttion, ltanllfer, lISsigmnCDt, disposal and USllge of the Equipment provided under this Agn::cmcnt, including any export license requiremetlts. Buyer lIgrCe:t tb. sud1 Equipment shall not at any time direclly Or indirectly be used, exported, sold, transferred, assigned or otberwi$e dillpoS<<l of in a mllllDC'l' which will result in non-compliance with such flPplicable elqXlrt laws and rogulations. It 8halI be a coodition of the continuing perfonnance by Seller of its obligations hereunder that compliance with such export laws and rcgullltions be mllinrained at all times. BUYER AGREES TO INDEMNlF'Y AND HOLD SELLER HARMLESS fROM ANY AND ALL COSTS, LlABJUTIES, PENALTIES, SANCTIONS AND FINES RELATlID TO NON-COMPLIANCE WITH APPUCABLE EXPORT lAWS AND REGULATIONS. 11. LTMITATT.QN QF UARlLrrv. NOTWITHSTANDINQ ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUEN1'1A4 INCIDENTAL, SPECIAL, PUNITTVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARrSING AT ANY TIME FROM Tlffi SALE OR USE OF nm r~UlPMENT SHALL NOT EXCEro THE PURCHASE PRICE PAID FOR lHE EQUIPMENT. THESE LOOT ATIONS APPL Y WHETIIER THE UABILTIY IS BASED ON CONTRACT, TORT, STRJCT LIABJUTY OR ANY OTHER THEORY, 12. Mi~9CI!lI1lCO!1-" Iftb0se tenns are issued in connection with i government contract, they shall be deemed to include those federalllCquisition regulations that arc rcquil'l:d by law to be included. These t.enns, together with any quotation, purchase order or acIa10wledgement issued 01' signed by the Seller, comprise tht complctr' -~d exclusive statement of the agreement between ~ pi!lI1ies (tile "Agrcc:mcnt") and supersede MY terms contained in Buyer's documlmts, vnlcss separately signed b~ Seller. No part oflbe Agreement may be cbllQ~ or can"lled except by a written document signed by SeDer- and Buyer. No COUlBe of dealing or performance,. UShc, A trade or failure to enforce any term &hall be u.'iCd to modify the Agreement. If any of these termS is unenforceable, such tam shall be limited only to the extent necessary to make: it enforceable, and wI other tams shall remain in full force and effect. Buyer may not llIl$ign Qr permit any other U'an.'lfllr of the Agreement without Seller'~ prior ~tten consent. The Agm.mc:nt shall be governed by the IIIWS of the State of Del. ware withOllt ~llrd to ita oonflict oflmw provisions. UV/1V/"VVI1'1'1 1.1,"1) 1.'1111 UVU VVI ,J.(I/ OlGl!IClWJ l'Uvvl ,,,,,1.,1.'. '~\}Vl/ VVl SI EM ENS March 16, 2007 Melissa Exhevarria City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 FAX: 561-742-6299 Dear Melissa Exhevsrris: This letter is to advise that the exclusive USFilterlWaflace & Tieman Products distributor of water/wastewater equipment and parts for the State of Florida is: Water Treatment & Controls Company 9900A North Palafox Street Pensacola, FL 32534 TEL: (850) 474-1805 FAX: (850) 474-1776 If you have any questions, please feel free to contact me at (225) 791-9513. Sincerely, fRatuLt; {Jft6 Randy Otis Southern Distributor Sales Manager ROllbc cc: Tina Goodson - wr&C SJemens Water Technologies Corp. 190' West Garden Road Vineland, NJ 08360 Tel: (856) 507-4067 Fax: (856) 507-4067 v..ww.l.lsfilter.com CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.1 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commlssion Meeting Dates Date Final Form Must be Turned in to City Clerk's Office April 16,2007 (Noon) o June 19,2007 o July 3, 2007 o July 17,2007 June 4, 2007 (Noon) o April 17,2007 o May 1,2007 o May 15,2007 o June 5, 2007 April 2, 2007 (Noon.) June 18,2007 (Noon) April 30, 2007 (Noon) July 2, 2007 (Noon) May 14,2007 (Noon) [J August 7, 2007 r.. July 16,2007 (Noon) ::J~-fv t.W&.2I, ~OOJ NATURE OF AGENDA ITEM 0 Anno un cern ents/Presentati ons 0 City Manager's Report 0 Administrative 0 New Business k3J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Postpone consideration of an amendment to the Cemetery Rules & Regulations until August 21, 2007. This request for postponement is due to the fact that the Board will not meet until August 9, 2007. EXPLAr~ATIOr~: In t.larch and April of this yearl the Cemetery Board unanimously passed motions to recommend to the City Commission amending the Cemetery Rules & Regulations to clarify two areas of concern. The two recommended rule changes are as follows: "Rule #17 -In an adult grave, the following will be permitted at the discretion of the Parks Superintendent: a. One (1) casket, plus two (2) cremains. Of the two cremains, one must be an immediate family member of the individual buried in the casket; or b. Three (3) cremains. Of the three cremains, two (2) must be immediate family members. For purposes of these Rules & Regulations, an immediate family member shall be defined as an individual who is related by blood, marriage or adoption." And "Rule #3-M - All identification information including letters and emblems on crypts and niches shall be inscribed by engraving. The cost of new crypt or niche inscription fees shall be paid at the time of interment. Existing bronze letters shall be replaced with inscription by the City. Replacement inscription shall be done at no cost to the owner of the crypt or niche, but shall be paid from the Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze emblem with a sandblasted emblem shall be done at the owner's expense." As required in the Rules & Regulations, Mr. Brady Osborne was given written notice of the proposed rule changes and he has not exp,essed any oppos;tion to the ,ecommendat;on. ~ . . .0?~-e./l City Manager's Signahrre Assistant to City Manager ~ City Attorney I Finance City Clerk's Office S:\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item Request to Postpone consideration of changing two rules.doc VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITElVl REQUEST FORlYl Requested City Date Final Form Must be Reouested City CommisSion Date Final Form Must be CommisSion Meetlno Dates Turned In to City Clerk's Office Meetina Dates Turned in to Citv Clerk's Office U April 17, 2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16, 2007 (Noon) 0 JUlY 3, 2007 June 18, 2007 (Noon) 0 May 15,2007 ADril 30, 2007 (Noon) ~ July 17, 2007 July 2, 2007 (Noon) n June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon) 0 Annou ncem entsj Presentations 0 City Manager's Report 0 Administrative 0 New Business -" , .,: -_: NATURE OF -_J " AGENDA ITEM ~ Consent Agenda 11 Legal c_ LJ --r"'" 0 0 ........~ .. Code Compliance & Legal Settlements Unfinished Business ~..~ G") - f'...._) n_.' 0 Public Heanng 0 ::-:=~':II RECOMMENDATION: Amend the Cemetery Rules & Regulations. \Lj _"J ~ --~;-i EXPLANATION: In March and April of this year, the Cemetery Board unanimously passed motions to recommend to the City Commission amending the Cemetery Rules & Regulations to clarify two areas of concern. The two recommended rule changes are as follows: "Rule :# 17 - In an adult grave, the following will be permitted at the discretion of the Parks Superintendent: a. One (1) casket, plus two (2) cremains. Of the two cremains, one must be an immediate family member of the individual buried in the casket; or b. Three (3) cremains. Of the three cremains, two (2) must be immediate family members. For purposes of these Rules & Regulations, an immediate family member shall be defined as an individual who is related by blood, marriage or adoption./I And "Rule #3-M - All identification information including letters and emblems on crypts and niches shall be inscribed by engraving. The cost of new crypt or niche inscription fees shall be paid at the time of interment. Existing bronze letters shall be replaced with inscription by the City. Replacement inscription shall be done at no cost to the owner of the crypt or niche, but shall be paid from the Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze emblem with a sandblasted emblem shall be done at the owner's expense." As required in the Rules & Regulations, Mr. Brady Osborne was given written notice of the proposed rule crlanges and he has not expressed any opposition to the recommendation. S:\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item Request - Change two Rules - 07-17-07 Meeting.doc Agenda Item Request Form Ci~y Commission Heeting U/ 2007 PROGRAM IMPACT None FISCAL IMPACT: (Include Account Number where funds will come from) ALTERNATIVES: Do not accept the recommendation of t e Cemetery Board. City Manager/s Signature Assistant to City Manager -~ City Attorney / Finance Department Name "-- :=:C',\/'..'?\CEi"1:::T::RY\Agenda Item R,eouests\Agend2 Item Request - Change twO Rules - 0/'<.7-07 tVleeti:l~.OQC 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. 07- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RULE #17 AND RULE #3-M OF THE CEMETERY RULES & REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. \VHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and 12 Regulations and does hereby recommend an anlendment to the Rules and Regulations 13 .Amended May, 2007; and 14 WHEREAS, upon recommendation from the Cemetery Board, the City 15 Commission has detemlined that it shall revise Rule #17; and 16 WHEREAS, upon recommendation from the Cemetery Board, the City 17 Commission has detennined that it shall add a new Rule #3-M. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 19 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 20 Section 1. Each Whereas clause set forth above is hereby ratified as being true 21 and correct and incorporated herein by this reference; 22 Section 2. The City Commission of the City of Boynton Beach, Florida, 23 amends the Rules and Regulations of the Cemetery Board by amending Rule #17 as 24 follows: 25 26 27 28 29 30 31 32 17. In un udul~ ;7"ayc, the following ,,,'jll be permitted.: One (1) caslet!, plus one (1) cremains, or thre~ (2) cremains. No marc tho.n ~hTe:: (3) l11a:-I:ers ,,:ill be pennitted per adult gro.','c. In the Rcplut section, t'.':o (2) cremains will be pcmlitted in u cren-:oins plot. 1';0 more t11al1 two markers 'wil1 be pemlitted on a cremains plot in the Replut section. In an adult 0'ave. the followinQ: will be permitted. at the discretion of the Parks Suoerintendent: S:\CA \RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc 1 2 3 a. One (1, casket. plus two (2) cremains Of the two cremains. one must be an immediate familv member of the individual buried in tllt: casket: or b. Three (31 cremains. Of the three cremall1s. nvo must be immediate familv members. 4 5 6 7 8 9 10 11 For purposes of these Rules and Regulations. an immediate familv member shan be defined as an individual who is related bv blood. maniasre or adoption. Section 3. The City Conm1ission of the City of BOY11ton Beach. Florida, 12 amends the Rules and Regulations of the Cemetery Board by amending Rule :::3-1\.1 as 13 follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3-M. Ir: addition to tbe ],Jronze letters. there '.vi]] be D. li;1~i: of t,,:o emblems a]]owed per erypt/r:iebe. These bronze letters and emblems may be obt:lined from Bo:,mon Bsach !\1uUJoleam, Inc.. ",,'ho is the City'::; exclusi,'c sa]e::; agent, und ::hull be insta]]ed by the City of BO)11ton Beach. All identification infom1ation ineludim:: letters and emblems on crypts and nicbes shall be inscribed bv ensrravin2. The cost of nev.' crypt or niche inscription fees shall be paid at time of intem1ent. Fxistinu brOl17e letters shall be replaced ,vith inscription b'\! t11e (it'\!. Replacement inscription shall be done at no cost to the owner of the crypt or nicbe. but shall be paid from the Perpetual Care Fund. If existing bronze emblems are damaQ:ed. replacement of an existinsr bronze emblem with a sandblasted emblem shall be done at the owner's expense." Section 4. This Resolution shall take effect immediately upon passage. S:\CA\RESO\Aoministratlve\Cemetery R&R - Amend Rule 17 and 3-M.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED this day of July, 2007. CITY OF BOYNTON BEACH, FLORIDA Mavor - J errv Tavlor '" - '" Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Attest: .Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc VI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [gJ August 2], 2007 D D D August 6, 2007 (Noon.) D October 16, 2007 D D D October], 2007 (Noon September 4, 2007 August 20, 2007 (Noon) November 7, 2007 October ]5,2007 (Noon) September] 8, 2007 September 3, 2007 (Noon) November 20, 2007 November 5, 2007 (Noon) C") C")- ---I --1-< -<0 C")" ,-CO '"rIO ::2-<: --'", ...,. .- Cr) --f ,,->52 -,,- ~CXl c.n -,.,., Ul " ::> rrtC'j RECOMMENDATION: Please place this request on the August 21,2007 City Commission Agenda under Co~ent Agenda, as a resolution to consider the request from Crown Castle South LLC (sublesee) on behalf of New Cingular Wireless PCS, LLC (lessee) to amend the lease agreement for Cingular's (formerly Bellsouth Mobility) telecommunications tower at 300 East Woolbright Road (City's Little League Field site). Staff recommends that this request be approved thereby allowing an extension of the lease agreement, and a new provision for an option to expand the lease area by an additional 16 feet by 20 feet for potential future colocations. October 2,2007 September ]7, 2007 (Noon) December 4, 2007 November] 9, 2007 (No~ -.J .b c:: CiJ I '" Consent Agenda D D [gJ D D City Manager's Report New Business NATURE OF AGENDA ITEM D D [gJ D D Administrative Announcements/Presentations Code Compliance & Legal Settlements Legal Unfinished Business .b ::r C5 .. Public Hearing EXPLANATION: Property has been leased for a telecommunications tower to Bellsouth Mobility Inc. since February 1, 1995 when the original agreement was approved by the City Commission. In June, 2000 the City consented to an agreement between Bellsouth and Crown Castle International to facilitate the transfer of tower maintenance and management responsibility. The proposed lease amendment will result in the following: (1) extension of the lease for an additional 15 years to the year 2035; (2) a 5% increase in rent each year from 2020 to 2035; (3) an option to lease additional ground space (16' by 20') at the tower site for two years; and (4) a lump sum payment of $23,500 to the City upon execution of the lease amendment. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: N/A Approval will result in immediate collection of $23,500, a rent increase of $500 per month over the current annual lease amount of $15,000 for expansion area if option is exercised, and a 5% annual increase in rent for the extension period (2020 to 2035). ot approve the proposed lease amendments, or approve .th changes. , (if J 1-z:I- - Planning and Z g Director anager's Signature Assistant to City Manager ~ City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 6 AND AUTHORIZING THE MAYOR AND CITY CLERK 7 EXECUTE THE SECOND AMENDMENT TO LEASE 8 AGREEMENT BETWEEN THE CITY OF BOYNTON 9 BEACH AND NEW CINGULAR WIRELESS TO PROVIDE 10 FOR ADDITIONAL RENEWAL TERMS BEYOND THE 11 ORIGINAL TERM; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, the parties entered into a Lease Agreement dated February 1, ] 995, and 16 an Amendment thereto dated August 1, 2000; and 17 WHEREAS, the parties wish to further amend that Agreement by allowing an 18 extension of the Lease Agreement and a new provision for an option to expand the leased area 19 for potential future colocations; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, on I 21 recommendation of staff, deems it appropriate to approve a Second .";,mendment to Lease 22 Agreement between the City of Boynton Beach and New Cingular Wireless to provide for 23 additional renewal terms beyond the original term and an option to expand the lease area, 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 26 Section 1, The foregoing "Whereas" clauses are hereby ratified and 27 confirmed as being true and correct and are hereby made a specific part of this Resolution 28 upon adoption. 29 Section 2. The City Commission does hereby approve and authorize the 30 Mayor and City Clerk to execute a Second Amendment to Lease Agreement between the City S:\CA\RESO\Second Amendment Lease Agreement (New Cingular).doc 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 of Boynton Beach and New Cingular Wireless to provide for additional renewal terms beyond 2 the original term and an option to expand the lease area, a copy of which is attached hereto 3 and made a part hereof as Exhibit "A". Section 3. This Resolution shall take effect immediately upon passage. 5 PASSED AND ADOPTED this _ day of August, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S\CA\RESO\Second Amendment Lease Agreement (New Cingular).doc Site Name: ABBB BU#811576 PREPARED BY AND AFTER RECORDING RETURN TO: David F. Webber Singleton Cooksey LLP 6363 Woodway, Suite 610 Houston, Texas 77057 MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT THIS MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT ("Memorandum") dated as of the latter of the signature dates below, by and among The City of Boynton Beach, a municipal corporation of the State of Florida ("Landlord"), having a mailing address of 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425- 0310, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor by merger to BellSouth Mobility LLC, a Georgia limited liability company, successor by corporate election to BellSouth Mobility Inc., a Georgia corporation ("Tenant"), having a mailing address of6100 Atlantic Blvd., Norcross, Georgia 30071. WIT N E SSE T H: WHEREAS, Lessor and Tenant entered into that certain Lease Agreement dated February 1, 1995, which is recorded in Official Record Book 8874, Page 1260 in the Public Records, Palm Beach County, Florida, as amended by that certain Amendment to Lease Agreement dated August 1, 2000 (collectively, the "Lease") wherein Tenant leased certain real property located on the City of Boynton Beach Little League Field, located on Woolbright Road in the City of Boynton Beach, Palm Beach County, Florida as such property is more particularly described in the Lease and on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the parties entered into that certain Second Amendment to Lease Agreement dated as of the date hereof (the "Second Amendment"), in order to, among other things, extend the Lease term, all upon the terms and conditions more fully set forth therein. NOW THEREFORE, for the mutual covenants and premises herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged. the undersigned parties, intending to be bound, agreed in the Second Amendment as follows: 1. Status of Parties. All parties acknowledge that, to the best of its knowledge the other parties have complied in all material respects with the obligations under the Lease occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are not in default under the terms of the Lease. 1 Site Name: ABBB BU#811576 2. Extension Term. Subparagraph 4.b. of the Lease was modified in the Second Amendment in order to provide that Tenant shall have the option to extend the Lease term for three (3) additional five (5) year terms [commencing on September 15,2020 and continuing until September 14,2035], upon the terms and conditions set forth in the Lease. 3. Option. A new Paragraph 25 was added to the Lease granting Tenant the option to lease additional property adjacent to the Property under the terms and conditions set forth in the Lease. 4. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Second Amendment and/or the Lease, as applicable. 5. No Other Amendments. Except as expressly modified by the First Amendment, the Lease remains unchanged and in full force and effect. [Signature pages to follow] 2 Site Name: ABBB BU#811576 IN WITNESS WHEREOF, Landlord and Tenant have caused this Memorandum to be duly executed as of the date of their execution. WITNESS: LANDLORD: THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida Witness Signature Witness Printed Name By: Printed Name: Janet Prainito Title: City Clerk Date: Witness Signature Witness Printed Name WITNESS: Witness Signature Witness Printed Name By: Printed Name: Jim Cherof Title: City Attorney Date: Witness Signature Witness Printed Name 3 Site Name: ABBB BU#811576 THE STATE OF FLORIDA 9 9 COUNTY OF 9 On this _ day of , 2007, personally appeared before me Janet Prainito, City Clerk of The City of Boynton Beach, a municipal corporation of the State of Florida to me personally known to be the person who signed the foregoing, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that she has executed the same as her voluntary act and deed and was voluntarily executed by herself for the uses, purposes and consideration therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission expires: THE STATE OF FLORIDA 9 9 COUNTY OF 9 On this _ day of , 2007, personally appeared before me Jim Cherof, City Attorney of The City of Boynton Beach, a municipal corporation of the State of Florida to me personally known to be the person who signed the foregoing, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that he has executed the same as his voluntary act and deed and was voluntarily executed by himself for the uses, purposes and consideration therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission expires: 4 Site Name: ABBB BU#811576 WITNESS: TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company Witness Signature Witness Printed Name By: Name: Nellie labbari Title: Senior Manager - Partnerships/MLA' s Date: Witness Signature Witness Printed Name THE STATE OF 9 9 9 COUNTY OF I, , a Notary Public within and for the State of duly commissioned and acting, do hereby certify that on this _ day of , 2007, personally appeared before me Nellie Jabbari, to me personally known to be the person who signed the foregoing Memorandum of Second Amendment to Lease Agreement and who, being by me duly swom and being informed of the contents of said instrument, stated and acknowledged under oath that she is the Senior Manager - Partnerships/MLAs of New Cingular Wireless PCS, LLC a Delaware limited liability company, and, as such, is a duly certified individual who may enter into agreements on behalf of that entity. Moreover, she has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily executed by herself, on behalf of said entity, for the uses, purposes and consideration therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission expires: 5 Site Name: ABBB BU#811576 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment") dated as of the latter of the signature dates below, by and among The City of Boynton Beach, a municipal corporation of the State of Florida ("Landlord"), having a mailing address of 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor by merger to BellSouth Mobility LLC, a Georgia limited liability company, successor by corporate election to BellSouth Mobility Inc., a Georgia corporation ("Tenant"), having a mailing address of 6100 Atlantic Blvd., Norcross, Georgia 30071. WHEREAS, Landlord and Tenant entered into a Lease Agreement dated February 1, 1995, which is recorded in Official Record Book 8874, Page 1260 in the Public Records, Palm Beach County, Florida, as amended by that certain Amendment to Lease Agreement dated August 1, 2000 between the parties (collectively, the "Agreement") whereby Landlord conveyed a Lease to Tenant for property located on the City of Boynton Beach Little League Field, located on Woolbright Road in the City of Boynton Beach, Palm Beach County, Florida and containing approximately 1,000 square feet, together with a right-of-way or access thereto (said leased parcel and right-of-way hereinafter called "Property"); WHEREAS, the Agreement has an initial term and renewal terms that will terminate on September 14, 2020 ("Original Term") and Landlord and Tenant desire to amend the terms of the Agreement to provide for additional renewal terms beyond the Original Term. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant agree as follows: 1. Status of Parties. All parties acknowledge that, to the best of its knowledge the other parties have complied in all material respects with the obligations under the Agreement occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are not in default under the terms of the Lease. 2. Defined Terms. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 3. Subparagraph 4.b. Amendment. Subparagraph 4.b. of the Agreement is hereby amended by deleting the current text and inserting the following: "b. Tenant shall have the option to extend this lease for seven (7) additional five (5) year terms (the "Extension Terms"), and each Extension Term shall automatically occur unless Tenant gives Landlord written notice of its intention not to extend this Agreement at least six (6) months prior to the end of the current term. Landlord shall have the option to cancel this Agreement after the third five (5) year Extension Term by giving Tenant written notice of its intention to do so at least six (6) months prior to the end of the then 1 Site Name: ABBB BU#811576 current term. The initial term and any Extension Terms shall be collectively referred to herein as the "Lease Term."" The parties acknowledge that pursuant to this Amendment the Lease Term exceeds the Original Term by an additional fifteen (15) years. 4. Subparagraph 4.c. Amendment. Subparagraph 4.c. of the Agreement is hereby amended by adding the following language to the end of such Paragraph: "During the additional Extension Terms (the fifth through seventh Extension Terms) annual rent shall be increased annually by five percent (5%) over the annual rental that was in effect during the previous year." 5. Subparagraph 4.e. Amendment. Subparagraph 4.e. of the Agreement is hereby amended by deleting all references to "fifth (5th) five (5) year term" and inserting in lieu thereof "seventh (ih) five (5) year term": 6. Paragraph 25 Amendment. The Agreement is hereby amended by adding a new paragraph 25, which shall read as follows: "25. Option. Subject to the terms and conditions set out in this Agreement, Tenant is hereby granted the right and option to lease additional property located adjacent to the Property being sixteen (16) foot by twenty (20) foot ("Additional Property") as more particularly described on Exhibit "A" attached hereto. Tenant shall exercise its option by delivering to Landlord written notice of its election to exercise the option and thereafter the parties shall execute a mutually agreed upon amendment to the Agreement. The parties agree that annual rent for the Additional Property shall be $15,168.00 paid annually by Tenant. Such annual rent for the Additional Property shall be adjusted in accordance with the terms of the Agreement. Tenant's option shall commence upon the date of execution of this Amendment by both parties and shall continue for two (2) years. at which time the option set out herein shall terminate without notice, and be null and void and without further force or effect. 7. Consideration. In consideration for amending the Agreement, Tenant agrees to pay Landlord the amount of Twenty-Three Thousand Five Hundred and 00/1 00 Dollars ($23,500.00) ($25,000.00 less $1,500.00 previously paid by Tenant to Landlord to review and process this Amendment) upon execution of this Amendment by both parties. 8. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this Amendment is hereby amended to be consistent. 9. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 2 Site Name: ABBB BU#811576 10. Counterparts. This Amendment may be executed in counterparts, all of which together shall constitute one agreement binding on all the parties hereto, notwithstanding that all such parties are not signatories to the original or same counterpart. [Signature pages to follow] 3 Site Name: ABBB BlJ#811576 IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be duly executed as of the date of their execution. WITNESS: LANDLORD: Witness Signature THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida Witness Printed Name By: Printed Name: Janet Prainito Title: City Clerk Date: Witness Signature Witness Printed Name WITNESS: Witness Signature By: Printed Name: Jim Cherof Title: City Attorney Date: Witness Printed Name Witness Signature Witness Printed Name 4 Site Name: ABBB BU#811576 THE STATE OF FLORIDA S S COUNTY OF S On this _ day of , 2007, personally appeared before me Janet Prainito, City Clerk of The City of Boynton Beach, a municipal corporation of the State of Florida to me personally known to be the person who signed the foregoing, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that she has executed the same as her voluntary act and deed and was voluntarily executed by herself for the uses, purposes and consideration therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission expires: THE STATE OF FLORIDA S S COUNTY OF S On this _ day of , 2007, personally appeared before me Jim Cherof, City Attorney of The City of Boynton Beach, a municipal corporation of the State of Florida to me personally known to be the person who signed the foregoing, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that he has executed the same as his voluntary act and deed and was voluntarily executed by himself for the uses, purposes and consideration therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission expires: 5 Site Name: ABBB BU#811576 WITNESS: TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company Witness Signature Witness Printed Name By: Name: Nellie Jabbari Title: Senior Manager - Partnerships/MLA's Date: Witness Signature Witness Printed Name THE STATE OF S 9 9 COUNTY OF I, , a Notary Public within and for the State of duly commissioned and acting, do hereby certify that on this _ day of . 2007. personally appeared before me Nellie Jabbari, to me personally known to be the person who signed the foregoing Second Amendment to Lease Agreement and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that she is the Senior Manager - Partnerships/MLAs of New Cingular Wireless PCS, LLC a Delaware limited liability company, and, as such, is a duly certified individual who may enter into agreements on behalf of that entity. Moreover, she has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily executed by herself, on behalf of said entity, for the uses, purposes and consideration therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission expires: 6 EXHIBIT "A" Additional Property [Legal Description - sixteen foot by twenty foot to be attached] 7 Site Name: ABBB BU#811576 ~ E ~ -cs \$ cS b t ri ~6 >< -d-, 3 -5 ~ > ~ ~ u - . '1 . . . e,~'. ' 71 " ~ ' . ..~ . \'.' , , ~ - ij eJ -\[) -+ 1) 2 "I !! ~ -s- ; '-J . ! I c..~- ~,. - o '~ ' . - .-""), a ~ /. ~ E ri (10 \ \ - -,,/ , , I '. 'I I r ~ ' ~~ -1/ ,... E ~ , '::',.., ~H'f< .~ \:>'\, \. !. ~ \':':1 - ..\-." :..' >o(}g I \?I~:~ 'I,', ,-',.' . \'~ ",-:' I ~I ' ' :!~ \ : / ': ~ ~ ~ I , f , I I ! " !; ~ 'I ',..' 1 'l~, ... ..-. ~-" Or; ~ '~'_.._, " ~ \ , l ) ~I ,\...~ !t ,,':' ^ ~: ., .o:-.,,~ : .>,~ (,. / ". f >T !~ 1 r~'I~~;f 11 \ I! fl I 'I i , 'Ie ~I ~"r = I "" 'i'~ ''", ill 'I~ fJ i .1.1 .__ II j "-..:..J 1L2:' ..." .,' .:.., .r ,~, 1 #7'-.1 . .0-.1\ I ~- 1.~ j i~ ::r ~ . , " E~.y...~", - ... -_.- .. - - .__._..~_.- -- . ------ --"- . ---------.-- -_.~ "------ . t5Ci z oIf2;.-~;~u .-"0 N '0'" VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office ~ August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September 18,2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2,2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon) C? n-.... ~-< -<0 C)"'" ;-00 1010 ~:o -< A:Z :r=- u)-l :: o~ ~CD RECOMMENDATION: ~ c=;~ Approve and authorize the City Manager to sign Task Order No. U07-4-3 with Camp Dresser & 1'RcK~!ec. (CDM) for the initial design of an on-site sodium hypochlorite generation system, to be located at the East Water Treatment Plant, in the amount of $52,609. Announcements/Presentations City Manager's Report c:> -J :x:- c:: G"") I Consent Agenda o o o o o New Business NATURE OF AGENDA ITEM o o ~ o o Administrative Legal Code Compliance & Legal Settlements Unfinished Business Public Hearing EXPLANATION: The East Water Treatment Plant currently uses gas chlorine to disinfect the potable water produced at that facility. This design effort will produce the necessary plans to obtain a permit for replacing the current gas chlorine system with a system that generates sodium hypochlorite (i.e. a liquid chlorine solution) on the treatment plant site. Obtaining the permit from the Health Department is a prerequisite to producing a final design and bidding this work for construction. During this initial design phase, CDM will confer with the Health Department staff to determine the required number and size of on-site generation units. CDM will then review the electrical needs of those units, and evaluate their anticipated electrical demand in light of the plant's current electrical supply. Once the scope of the OSG and electrical improvements are clarified, City staff will request approval of an amendment to this task order for the purpose of authorizing development of full construction documents, and associated services during construction. PROGRAM IMPACT: Replacement of the gaseous chlorine system will eliminate a potential hazard at the East Water Treatment Plant. FISCAL IMPACT: (Include Account Number where funds will come from) Funding for this task is available in the Utilities Capital Improvement Program budget: ACCOUNT NO. PROJECT NO. AMOUNT 403-5000-590-96-10 WTR 112 $52,609 ALTERNATIVES: Leave the current chlorine system in place. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ,<}.C" "l Ccc c~c ~ 'J~~ Department Head's Signature ~&4~~ ity M,nag"C, signature . Manager __ __~ UTILITIES Department Name ;(5 Xc: Peter Mazzella (w/copy of attachments) ~ Barbara Conboy " City Attorney File S:BULLETIN\FORMSAGENDA ITEM REQUEST FORM DOC , ! j 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE TASK ORDER NO. U07-4-3 6 IN AN AMOUNT NOT TO EXCEED $52,609.00 WITH 7 CAMP, DRESSER & McKEE, INC., FOR THE INITIAL 8 DESIGN OF AN ON-SITE SODIUM HYPOCHLORITE 9 GENERATION SYSTEM; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the East Water Treatment Plant currently uses gas chlorine to disinfect 14 the potable water produced at the facility; and 15 WHEREAS, this design effort will produce the necessary plans to obtain a permit 16 for replacing the current gas chlorine system with a system that generates sodium 17 hypochlorite on the treatment plant site; and 18 WHEREAS, during this initial design phase, CDM will confer with the Health 19 Department staff to determine the required number and size of on-site generation units; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens of the City of 22 Boynton Beach to authorize execution of Task Order U07-4-3 in the amount of $52,609.00 23 with Camp Dressker & McKee, Inc. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2, The City Commission of the City of Boynton Beach, Florida does S:\CA\RESOlAgreements\Task - Change Orders\Camp Dresser U07-04-3.doc 7 8 9 10 11 12 13 14 15 16 ~~ II 19 20 21 22 23 24 25 26 27 28 29 30 31 hereby authorize and direct the approval and execution by the City Manager of Task Order 2 U07-4-3 in the amount of $52,609.00 with Camp Dresser & McKee, Inc.. for the initial 3 design of an on-site sodium hypochlorite generation system to be located at the East Water 4 Treatment Plant, a copy of which is attached hereto as Exhibit "A". 5 Section 3. This Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this ~~_ day of August 2007, CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S\CA\RESOlAgreements\Task - Change Orders\Camp Dresser U07 -04-3.doc CITY OF BOYNTON BEACH ENGINEERING SERVICES TASK ORDER NO, U07- "f'.J I. PROTECT TITLE City of Boynton Beach East Water Treatment Plant Disinfection System Upgrade - Preliminary Design and Permitting II. BACKGROUND Governmental agencies, such as the Environmental Protection Agency (EP A) and the Department of Homeland Security, have been strongly encouraging utilities to stop the use of gaseous chlorine facilities. With the potential health impacts due to accidental exposure and the increased liability associated with gaseous chlorine, many utilities have considered alternative, safer disinfection practices. The City of Boynton Beach (City) wishes to convert their existing gaseous chlorine disinfection system at the East Water Treatment Plant (EWTP) to an on-site sodium hypochlorite generation system. Camp Dresser & McKee Inc. (hereinafter referenced as ENGINEER) shall perform the following Scope of Services to complete the Preliminary Design and Permitting of the EWTP Disinfection System Upgrade Project. III. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services RFQ No. 065-2821-03/CJD, Scope A: Water Plant Expansion and Capacity Replacement. IV. SCOPE OF SERVICES The following is a description of the Scope of Services to be provided under this Task Order. Task 1 - Preliminary Design to Permitting Level The EWTP Disinfection System Upgrade Project will require the following improvements: . Conversion of chlorination system from chlorine gas to on-site sodium hypochlorite generation. The on-site sodium hypochlorite generation system equipment may potentially be procured through a "piggy-back" agreement with another local utility; . Design of a new hypochlorite storage tank area and brine storage tank structure. This design will include a secondary containment structure with a salt loading station and water softening equipment; CDNI 1 N:IOOOOIWLB3169,evdoc . Design of modifications to the existing chlorine gas building and chlorine gas scrubber area, including installation of new metering equipment and removal of existing chlorine gas equipment; and . Evaluation of the capacity of the existing electrical feed system to EWTP and the increased load as a result of the proposed on-site generation equipment and metering equipment ENGINEER will conduct a kickoff meeting with City staff to discuss design preferences and permitting requirements, ENGINEER will prepare and distribute minutes for the meeting. ENGINEER will prepare preliminary design drawings, of which a preliminary list has been provided in Attachment A These drawings will be developed to a preliminary design level, suitable for submittal with DEP Form 62-555.900 entitled" Application for a Specific Permit to Construct PWS Components." Additional design beyond the necessary permitting design level is not included in this Scope of Services, ENGINEER will provide five (5) sets of the draft preliminary design drawings to the City for review. ENGINEER will conduct a meeting with City staff to review the preliminary drawing set ENGINEER will incorporate the comments provided by City staff into a final preliminary design/permitting set of documents, ENGINEER will develop an opinion of probable construction cost based upon the final preliminary design/ permitting set of documents, ENGINEER will subrnit a letter summarizing the probable construction cost to the City. ENGINEER will also prepare a Basis of Design letter report to describe the proposed modifications at EWTP. This letter report will be submitted with DEP Form 62-555.900 and will detail all disinfection design criteria required by Chapter 62-555.320(12) of the Florida Administrative Code (F.AC). ENGINEER will provide five (5) copies of the draft report to the City for review. ENGINEER will incorporate any comments provided by the City into a final letter report Five (5) copies of the final letter report will be provided to the City, Task 2 - 62-555 F.A.C. Permitting This task includes the activities required to permit the construction of the disinfection system in accordance with Chapter 62-555 F.AC This permit application is required by the Florida Department of Environmental Protection who has delegated the authority to the Palm Beach County Health Department (PBCHD). Subtask 2.1 Pre-Application Meeting ENGINEER will coordinate and attend a pre-application meeting with PBCHD. The City wishes to determine if the on-site generation equiprnent may be phased. ENGINEER will review the requirements of Chapter 62-555 F.A.C prior to the pre-application meeting and will discuss the phasing options with PBCHD and the City at the meeting. COM 2 tnOOOo\WLB3169 rev doc Subtask 2.2 Preparation of Permit Application ENGINEER will prepare signed and sealed permit applications meeting the requirements of Chapter 62-555 F.A.C. for submittal to PBCHD. The letter report developed in Task 1 will be used for the permit application. Permit application fees are not included in this Scope of Services. The City will provide all necessary permit application fees. Subtask 2.3 Response to Request for Additional Information It is anticipated that PBCHD will provide one (1) request for additional information to the permit application. ENGINEER will provide the necessary responses to satisfy all questions asked in one (1) request for additional information. ITEMS NOT INCLUDED IN THIS SCOPE OF SERVICES The following Tasks are not included in this Scope of Services; however, the tasks will be required for eventual construction of the proposed disinfection system modifications at EWTP, Task 3 - Final Design This task includes the preparation of drawings and specifications, conducting formal reviews of the contract documents at certain completion levels, and developing an opinion of probable construction cost for the design. Specific work products will include three draft contract document sets during three different levels of completion. Subtask 3.1 Preparation of Contract Documents ENGINEER will prepare final construction drawings and specifications suitable for inviting construction bids for the project. The technical specifications will utilize CSI's sixteen-division, three-part format. The design shall be complete (as applicable to the Project) site improvements, building, appurtenances, process and ancillary equipment, accessories, wiring, piping, foundations, substructures, electrical controls, instrumentation, telemetry, metering, process equipment and mechanical facilities. The design shall also include detailed drawings, specifications, tables, charts, schedules, and other documentation as may be necessary for the Project. The preliminary list of drawings is provided in Attachment A. The list of drawings may change as the design occurs and the final list will include necessary drawings required to construct all included improvements to the complete water treatment plant facilities. Subtask 3.2 Periodic Review of Work Performed At approximately the 60% and 90% completion levels of the contract documents, the ENGINEER will submit five sets (5) of progress drafts of the contract documents to the City staff for review, schedule and conduct a review meeting with City staff, and address appropriate City review comments, CDM 3 NIOOOOIWLB3169 rev. doc Subtask 3.3 Final Contract Document Submittal ENGINEER will submit five (5) sets of the final contract documents to the City staff one week prior to the initial bid advertisement for the Project ENGINEER shall charge contractors, suppliers, subcontractors, vendors or other buyers a non-refundable fee for each set of Contract Documents issued for bidding purposes. ENGINEER shall provide the City an electronic copy of the AutoCAD disk used by ENGINEER to develop the final contract The hard copy of the Contract Documents containing the ENGINEER's professional engineering stamp shall take precedence over the AutoCAD disk. Subtask 3.4 Probable Construction Cost ENGINEER will prepare an opinion of the probable construction cost at the 60% and 90% completion levels for the project The final estimate of probable construction cost shall be delivered to the City staff prior to the bid opening, Task 4 - Permitting Services (Excluding 62-555 F.A.C. Permitting) ENGINEER will prepare application for permits as may be required and related to the Project. Permit-related work shall include furnishing required data, drawings and other information requested to obtain required permits. ENGINEER will submit permit applications to City staff for review and will meet with the City as required to discuss the City's review comments, ENGINEER will revise the applications as required and submit to appropriate regulatory agencies for review and approval. The permits to be obtained by ENGINEER include the following: . The construction contractor will be required to obtain a building permit for the Project. The City's building permit process will require project approval during the design phase. A set of drawings and specifications will be submitted to the City for review at the 90% completion level. Three (3) signed and sealed sets of drawings will be submitted to the Building Deparhnent at the start of the bidding process to begin the permitting process. . The Palm Beach County Department of Environmental Resources Management (DERM) will require permits for the storage of water treahnent plant chemicals (i.e., commercial grade sodium hypochlorite), . EPA may require an NPDES Stormwater Construction Notice of Intent application and preparation of a Stormwater Pollution Prevention Plan if any offsite discharges are anticipated, These plans are required to be submitted by the construction contractor. ENGINEER will provide drawings and specifications requested by the construction contractor for the submittal, if applicable. Task 5 - Services During Bidding This task includes the provision of conventional bidding services for the EWTP Disinfection System Upgrade project. Bidding services will include assistance with advertisement of the COM 4 N\OOOO\WLB3169 rev doc project, coordinating the sale and distribution of non-refundable bidding documents, holding a pre-bid meeting, attending the bid opening, and reviewing and tabulating the bids. ENGINEER will respond to questions of prospective bidders and will distribute addenda to the Contract Documents as necessary. Following receipt of bids, ENGINEER will evaluate the bidders with respect to cost, experience, ability to construct the work, and small business participation and will prepare recommendations for award of the contract. Bidding services in general will include the following: . Prepare formal advertisement for placement in the legal section of the newspaper by the City. . Reproduce and distribute the non-refundable bidding documents to area plan rooms, interested contractors, subcontractors, and suppliers. . Coordinate and preside over a Pre-Bid Conference and project site tour. . Issue addenda as required to clarify the bidding documents, . Attend the bid opening. . Evaluate the bids received, tabulate the bids, issue requests for additional information and submittals from the apparent low bidders, and prepare recommendation of tentative award, . Prepare three (3) sets of Contract Documents for execution by the contractor and the City. Task 6 - Services During Construction ENGINEER will serve as the City's engineering representative during the implementation of the Disinfection System Upgrade project. ENGINEER will perform periodic inspections to confirm that the work is being performed according to the Contract Documents, and will make recommendations regarding periodic payments to the contractor. ENGINEER will review shop drawing submittals for compliance with the requirements of the Contract Documents, In addition, ENGINEER will conduct monthly progress meetings with the contractor and provide written minutes. Record drawings will be updated to conform the design drawings to reflect actual installed dimensions. The general services during construction include the following tasks: Subtask 6-A Contract Administration Consult with and advise the City and act as its representative as provided in the General Conditions of the Construction contract. Subtask 6-B Substitute Materials Consults with and advise the City as to the acceptability of substitute materials and equipment proposed by the contractor for those portions of the work for which acceptability is required by the bidding documents, CONI 5 NIOOOOIWLB3169 rev.doc Subtask 6-C Engineers Site Visits Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional the progress and quality of the executed work of the contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. ENGINEER's efforts will be directed toward providing a greater degree of confidence for the City that the completed work of contractor will conform to the Contract Documents. During such visits and on the basis of onsite observations, ENGINEER shall keep the City informed of the progress of the work, shall endeavor to guard the City against defects and deficiencies in such work and may disapprove or reject work as failing to conform to the Contract Documents. Subtask 6-D Shop Drawings Review Review and approve Shop Drawings and samples, the results of tests and inspections and other data which the contractor is required to submit. Subtask 6-E Interpretation/Clarifications Issue instructions of the City to the contractor; issue necessary interpretations and clarifications of the Contract Documents, and in connection therewith prepare change orders as required; have authority, as the City's representative, to require special inspection or testing of the work; and act as initial interpreter of the requirements of the Contract Documents pertaining to the execution and progress of the work. Subtask 6-F Pay Estimate Review Based on onsite observations as an experienced and qualified design professional and on review of contractor's applications for payment and accompanying data and schedules, determine the amounts owing to the contractor and recommend, in writing, payments to contractor in such amounts. Subtask 6-G Substantial/Final Completion Inspection Conduct an inspection to determine if the project is substantially complete, and a final inspection to determine if the work has been cornpleted in accordance with the Contract Documents. Subtask 6-H Monthly Progress Meetings Conduct monthly progress meetings with the contractor when the work is underway. This task will include the preparation of agendas, attendance at rneetings and the preparation and distribution of minutes. COM 6 N\OOOO\WL83169 rev doc Subtask 6-1 Update Record Drawings Update the plant's record drawings to reflect changes made to the entire disinfection system at completion of the project. Subtask 6-/ Review Change Orders Provide services in connection with preparing change orders to reflect changes to the construction project, limited to minor changes requested by the City or contractor. Analysis of major design modifications, including the preparation of significant Drawing revisions, are not included, and may require additional authorization. Subtask 6-K Final Certification Provide services in connection with preparing final certifications of completion of construction to appropriate regulatory agencies, as required, at the time of final completion of construction, This phase of the project runs concurrently with the construction contract period only. In the event the contractor does not complete the work within the designated contract period, additional compensation for time-dependent services will be required. V. ASSUMPTIONS The City shall provide the following contributions to the work order unless otherwise available through public resources: . Copies of all record drawings for the existing site plan and chlorine gas facilities, electronic format preferred. . Monthly operating reports for EWTP including chlorine dosing and plant flows; . Review of ENGINEER work products; and . The permit application fee for submittal to PBCHD. The fee is not included in this work assignment. VI. COMPENSATION FOR SERVICES The compensation for the work set forth in this Work Order for Tasks 1 and 2 shall be a lump sum amount of $52,600 as detailed in Attachment B. This fee does not include the permit application processing fee required by PBCHD. CDM shall submit monthly invoices to the City. Payments for the lump sum fee(s) shall be based on percent complete of the project, as supported by written monthly status reports. VII. DELIVERABLES . CDM will prepare draft preliminary design drawings and corresponding letter report for review and comment by the City. CDM will provide five (5) copies of each for review by the City. CONI 7 N:\OOOOIWLB3169 rev.doc . Following receipt of the City's review comments, CDM will provide a letter summarizing the opinion of probable construction cost based upon the preliminary design. . CDM will provide four (4) copies of the final permit application to PBCHD and five (5) copies to the City. . CDM will prepare and submit a response to one (1) request for additional information from PBCHD in support of the Chapter 62-555 F.A.C permit application, VIII. PROTECT SCHEDULE AND COMPLETION DATES The duration and completion times of all tasks are summarized as follows: Task Time to Complete from Notice to Proceed (Working Days) Task 1 - Preliminary Design 90 Task 2 - 62-555 F.A.C Permitting (initial submittal) 90 The project as described above will be completed within 90 working days from the time a notice to proceed is received, pending the review time by PBCHD for the permit application submittal. The actual time to obtain the PBCHD permit can vary depending upon the reviewers' comments, APPROVED BY: CITY OF BOYNTON BEACH By: Kurt Bressner City Manager Dated this _ day of 2007 CONI 8 i\j \OOOO\WLB3169 rev doc SUBMITTED BY: CAMP DRESSER & MCKEE INC. By: David L. Collins, P.E., BCEE Associate Dated this _ day of 2007 CDNI 9 N:\OOOO\WLB3169 rev.doc Sheet No. GENERAL G-1 G-2 G-3 Civil C-1 C-2 C-3 C-4 CD-1 CD-2 Structu ral S-l S-2 S-3 S-4 Mechanical M-1 1\1-2 M-3 M-4 MD-1 MD-2 HYAC B-1 B-2 H-3 Electrical [-1 E-2 E-3 E-4 E-5 Instrumentation 1-1 ]-2 1-3 1-4 Attachment A City of Boynton Beach EWTP Disinfection System Upgrade Project Preliminary Design and Permitting Preliminary List of Drawings * Description Cover Index Symbols and Abbreviations Existing Site Plan Proposed Site Plan and Demolition Plan Yard Piping Paving, Grading and Drainage Improvements Miscellaneous Details Miscellaneous Details Structural Notes and Abbreviations Bulk Hypochlorite and Brine Storage - Plan Bulk Hypochlorite and Brine Storage - Sections and Details Structural Details Sodium Hypochlorite Building - Plan Sodium Hypochlorite Building - Section and Details Bulk Hypochlorite and Brine Storage - Plan Bulk Hypochlorite and Brine Storage - Sections Mechanical Details Mechanical Details HV AC Symbols and Abbreviations Existing Chlorine Building HY AC Modifications - Plan Existing Chlorine Building HY AC Modifications - Sections Electrical Symbols and Abbreviations One Line Diagrams Building Power and Control Plans Building Lighting Plan Bulk Storage Power, Lighting and Control Plans Instrumentation Legend Sheet Modifications to Control Diagram P&ID Loop Diagrams *Note: Final Sheet Count will be updated following Preliminary Design Included in Preliminary Design Proposal: Yes Yes Yes Yes Yes ]\0 No No No No No !\Jo Nt) Yes Yes Yes Yes No No No No No Yes Yes No No No No No Yes !\Jo ~; '{lOO8\I/.LS3169 A.\", 4 'tl,' -1<, Cl c E .E ... Gl Il. "t:l C "' C UJ Cl I- .Iii Z Gl we ~ ~ ~ :ll a~ m~e 1-a::1l. z::l . woti !J:Q) __ oe ua::1l. <CO I=m.g <c :5 I! u. Cl 0::% ir E <c .!!:l := I/) :=:J ::l c UJ .2 ti .! c "iii is Il. ~ W ro c o 'c;; rn~ ~ o a:: ro c o 'c;; rn ~~ o a:: o ~ "2 c Q) '5> (/)Jj 1:5 0 .~~ ctc5 ~~ .c co .c 'u '-' (]) (]) a. I-(/) Q; '-' lE o .>< rn co I- ro o I- r- N LO LO ~6~~~ $;;;ZZZ rn () o o 00 00 LO 0 N~ I I I "'" "'" o .0 rn ~~ roO 00 I- r- N LO LO <DO> ~ci "'l:t ~ I I I "'" "'" :-, .0.>< rn rn ... co 51- :J: O>N LO C'? '<t~ co '-' .~ u ~ 0 ex) '<t'<tC'? "'" o li ~ "2 a..52 Q) a. 2: (/)05Jj C'?'<t0 ON ;;;~ 0'<t0 r- C'? N "'" ~ N<D'<t ex)r-'<t "'" O>LO<D NLO "'" '<tr-N '<t~~ ~ "'" o ex) 0> LO ~ "'" ex) LO C'? r- ~ "'" Z Q; 0 iii 1= -J () ~ ~ 'E ~ ~.~ 8 .8~ ffJ<.9 .~ Q; ~ Z rnCLz>OC ~0Qffi5 >,~(/)(/)(/) ~. . w <.9 w .5: ~ 0 Z ~ ~~:g<i!o~ a::~N~9w :-,CL<DLLCD(/) :;r'"NC"?VLC) o :J: 0> o <D N LO "'" I/) ~ CD :t:: <c en '" .,-- C'? CD ~ o o LO ri "'" en o '" N Il) .... 0> o <D N LO "'" ~ 0> LO ex) r- '<t N ~ '<t LO ~ o N ~ <0 .,-- I CD 0> N r- ~ ex) ro o J5 ::l (/) ...J ;5 o I- VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates ~ August 2 1,2007 August 6, 2007 (Noon.) 0 October 16,2007 0 September 4,2007 August 20,2007 (Noon) 0 November 7, 2007 0 September 18.2007 September 3, 2007 (Noon) 0 November 20, 2007 0 October 2, 2007 September 17,2007 (Noon) 0 December 4,2007 Date Final F onn Must be T umed i!l to City Clerk's Office October 1,2007 (Noon October 15,2007 (Noon) 0 Announcemen tslPresen ta tions 0 NATURE OF 0 Administrative 0 AGENDA ITEM ~ Consent Agenda 0 0 Code Compliance & Legal Settlements 0 0 Public Hearing 0 City Manager's Report New Business <::::> November 5, 2007 (Noon) '...I ~ November 19, 2007 (Noo~ CJ'} ~ C,.J .. C,.J 0'\ C") ~~ --I -< -< C, ,") '"'r; ,C;; fg ::::-< -~-<= v) --i as;? ""1")-- ."co -f"r! ("");t:. f"r!("") :z: Legal Unfinished Business RECOMMENDATION: Authorization to enter into an agreement with Palm Beach County in furtherance of an approved invasive non-native plant species removal project for Quantum Park site. EXPLANATION: The Palm Beach County Board of Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with the removal of invasive non-native vegetation from publicly owned lands. The nine prohibited invasive non-native plant species include Air Potato, Austrailian Pine, Brazilian pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca and Queensland Umbrella Tree. The Recreation and Parks Department has been awarded a $5,000 grant to remove invasive non-native plant species at the Quantum Park site. The City must enter into a project agreement to receive the grant award, The City will have until August 31, 2008 to complete the project This will be contracted out This the second grant for the Quantum site and the fourth grant for the City of this nature, PROGRAM IMPACT: Certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the City, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures. The Quantum Park site has been selected as the first project site for removal of the invasive non-native vegetation in the City. FISCAL IMPACT: The grant award requires the City to provide a 50% cash match; $5,000 has been allocated in the FY2007/08 General Fund (Other Contractual Services 00 I -2731-572-49-17) for this purpose. AL TERNA TIVES: Not enter into the project agreement and forfeit the grant award Department Head's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM_DOC 1 RESOLUTION R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 AN INTERLOCAL AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND PALM BEACH 7 COUNTY FOR THE REMOVAL OF INVASIVE NON- 8 NATIVE PLANT SPECIES IN THE QUANTUM PARK 9 SITE; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Palm Beach County Board of Commissioners has established and 12 funded a grant program to financially assist municipalities and other public agencies with 13 the removal of invasive non-native vegetation from publicly owned lands; and 14 WHEREAS, the Recreation and Parks Department has applied for and has been 15 awarded a $5,000 grant to remove invasive non-native plant species at the Quantum Park 16 Site; 171 WHEREAS, the City Commission of the City of Boynton Beach upon I 18 recommendation of staff, deems it to be in the best interest of the citizens of the City of 19 Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County 20 in furtherance of an approved invasive non-native plant species removal project for 21 Quantum Park Site, a copy of which is attached hereto and made a part hereof. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section L The foregoing "Whereas" clauses are hereby ratified and confim1ed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2, Upon recommendation of staff, this Commission does hereby 28 authorize execution of this lnterlocal Agreement between the City of Boynton Beach and S:\CA\RESO\Agreements\lnterlocals\lnterlocal - Invasive non-native plant removal (Quantum) 2007.doc '1 Palm Beach County in furtherance of an approved invasive non-native plant species removal 2 project for Quantum Park Site, which Agreement is attached hereto and made a part here. 3 Section 3, That this Resolution shall become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this _ day of August, 2007. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\lnterlocals\lnterlocal - Invasive non-native plant removal (Quantum) 2007,doc INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH, FLORIDA DISTRICT 3 This Interlocal Agreement (hereinafter "Agreement") is made the day of ,200 between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power. privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance. or perfornlance of one unit on behalf of the other. of any of either governmental entity's authorized functions: and WHEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the County, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocu1tures: and WHEREAS, certain species of prohibited invasive non-native vegetation have a variety of noxious qualities, including, but not limited to, adverse effects on human health. hazards to public safety. and undesirable aesthetics in the County: and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to eradicate prohibited invasive non-native vegetation; and WHEREAS. the nine prohibited invasive non-native plant species (Air Potato, Australian Pine. Brazilian Page I Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both unincorporated and incorporated areas of the County; and WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with removal of this invasive non-native vegetation from publicly owned lands and related educational activities, and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE 1 - PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to assist in the removal of invasive non-native vegetation within the County as specifically set forth in Exhibit A attached hereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exhibit B and Article 8, hereof. ARTICLE 2 - PAYMENTS TO GRANTEE/REIMBURSABLE: The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed $5,000.00, provided the Grantee completes t.lte removal project as described in Exhibit A, and meets the estimated match requirement of $5,000.00 as noted in Exhibit A Activities eligible for match requirements include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding from other non-County grants and replacement planting with vegetation native to Florida. Costs related to in-kind services (e.g., planning & design) shall be limited to salaries and fringe benefits. Only those costs incurred after the effective date of the Agreement will qualify as matching funds. County funding can be used to match grants from other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one County-funded program, The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance by the Page 2 County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check submitted as invoice must be payable to the referenced individual and memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 2300 North Jog Road, 4th Floor, West Palm Beach, FL 33411-2743, which will indicate that the expenditures have been made in conformity with this Agreement and send the payment request to the County's Finance Department for final approval and payment. The invoice must be submitted along with a final report, as described in Article 8 below, ARTICLE 3 - AVAILABILITY OF FUNDS: The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 - INSURANCE: A Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. B. In the event the Grantee maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, the Grantee shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440, Page 3 D. When requested, the Grantee shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 2300 North Jog Road, 4th Floor, West Palm Beach, FL 33411-2743, E. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligations under this Interlocal Agreement. ARTICLE 5 - INDEMNIFICATION: Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demands or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the County's negligence or willful misconduct Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the Grantee agrees to indemnify and hold harmless County from any claims, losses, demands or cause of action of whatsoever kind or nature that the County, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or willful misconduct Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768,28, Florida Statutes, ARTICLE 6 - WARRANTY/PERSONNEL: The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the project under this Agreement, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to complete such project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 - EQUAL OPPORTUNITY PROVISION: The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin, Page 4 disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 8 - GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: I. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as outlined in the Exhibit A. 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any nature expended in the performance of this Agreement. 4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes. 5. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 11 below, The final report shall include a Payment Request Summary Form along with documentation, as described in Article 2 above, and a copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Failure to submit completed reports within the specified timeframe will result in a delay in payment and/or termination of this Agreement. ARTICLE 9 - ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals, The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the project. ARTICLE 10 - PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S, 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Grantee certifies that its suppliers, subcontractors and consultants who will perform hereunder, have not been placed Page 5 on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S, 287,133 (3) (a). ARTICLE 11- EFFECTIVE TERM/TERMINATION: The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until August 31, 2008, unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein. ARTICLE 12 - NOTICES: The County's representative/grant manager during the term of this Agreement is identified as: Department of Environmental Resources Management Attn: Director 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2743 (561)233-2400 Fax: (561) 233-2414 The Grantee's representative/grant manager during the term of the Agreement is identified as: Jody Rivers, Parks Superintendent City of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FL 33425 (561) 742-6226 All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States mail to the County and Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. Page 6 ARTICLE 13- ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal. state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. ARTICLE 15- REMEDIES This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 16- SEVERABILITY In the event that any section, paragraph, sentence, clause or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 17 - ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects performance by the Grantee in accordance with such application. In the event of a conflict between the application and this Agreement, this Agreement shall control. The County and the Grantee both further agree that Page 7 this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto, ARTICLE 18 - COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Management on February 25, 2003. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. CITY OF BOYNTON BEACH, FLORIDA, BY ITS COMMISSION PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS By: Jerry Taylor, Mayor Date By: Richard E. Wale sky, Director Date Environmental Resources Management ATTEST: Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Janet Prainito, City Clerk By: Assistant County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: James Cherof, City Attorney Page 8 EXHIBIT B PAYMENT REQUEST FORM FOR INTERLOCAL AGREEMENT GRANTEE: GRANTEE'S GRANT MANAGER: COUNTY AGREEMENT NO.: R -- DATE OF REQUEST: PERFORMANCE PERIOD: AMOUNT REQUESTED:$ MATCHING REQUIRED: $ GRANT EXPENDITURES SUMMARY SECTION At'VlOUNT OF THIS MATCHING FUNDS CATEGORY OF EXPENDITURE REQUEST Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Removal related Costs $ $ Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOT AL REQUESTED $ $ TOTAL GRANT AGREEMENT $ - - - '" [Effective Date of Grant through End-of-Grant Period] I TOTAL REMAINING IN GRANT I J> GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number Exhibit B, Page 1 of 1 Exhibit A Project Title: Quantum Park - Removal of Exotics Contact Person: Jody Rivers Contact Title: Parks Superintendent Contact Agency: City of Boynton Beach Contact Mailing Address: 1 00 ~. Boynton Beach Blvd. ______ _______ __ _n____________ _ ______ City: Boynton Beach Zip: 33425 Contact Phone: 742-6226 Contact E-mail: riversj@cLboynton-beach.f1.us PROJECT INFORMATION Amount of Grant Request: $5,000.00 Total Project Cost: $10,000.00 Matching Funds Available? If yes, describe the specific sources and amounts: $5,000.00 in matching funds will be available in the City's Operating Budget Gstimated Project Start Date: November 2007 Estimated Project Completion Date: April 2008 Minimum Criteria Description Describe, in detail, in the space provided, how this project meets each of the six (6) minimum criteria. Ifmore space is required, please attach a separate page and note question number_ 1. Project must be submitted by a qualified applicant and must be designed to remove one or more of the County's nine prohibited plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earIeafacacia, kudzu, old-world climbing fern, melaleuca, umbrella tree). Brazilian pepper, earleaf acacia, Australian pine and melaleuca will be removed from the site, 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. The site is owned by the City of Boynton Beach as green/open space and is reserved for future park development 3. Project cannot be a required mitigation project with an invasive plant removal requirement This is not a required mitigation project. Public Lands Grant Program Application - Project Title: Quantum~ark ~ Removal of Exotics Page 3 Detailed Project Description This description is to answer informationfor scoring the applications by the judging committee andfor compliance with the minimum grant criteria. Must include project location description, targeted invasive non-native plant species, acreage of infestation. scope of work, will the work be preformed in-house or contracted out (It" contracted out, describe contract pricing), method of removal (mechanical, herbicides, hand pulling...), project milestones, and replanting species. Project Location Description Quantum Park is adjacent to the Quantum Preserve. The property is acessiable via Quantum Blvd, and Minor Rd. The E4 Canal borders the west side of the property. Thie park is natural and undeveloped at this time. Future plans include nature trails, kayak/canoe launch, nature center and environmental and interpretive opportunities. Native plant commmunities and wildlife habitat will benefit from the removal of exotic non-native vegatation.. The Parks Division currently maintains the site and will implement an on-going maintenance program for the- park that targets non-native negetation. Targeted invasive species include Brazilian pepper, earleaf acacia, Australian pine and melaleuca, Acreage of the Infestation: The park site is 15 acres. The targeted area area is about 1.3 acres and borders the area in which non-native species were removed in the 2006 grant program, This will complete the removal of exotic vegetation from the site. Scope of Work: The work will be contracted out. The City will refer to the contractors on our bid list who are approved to perform this type of work. They have been approved on an hourly basis. Invasive non- native species will be removed by hand pulling and mechanical means. The City's Parks Division will implement an on-going maintenance program for the project are that targets invasive non-native plants. Project milestones: Contractor will be selected by December 2007 Education notice will be included in the Recreation and Parks Department Funfare Magazine and on the City's BBTV describing the invasive non-native vegetation being removed and the benefits to be derived fro the cooperative project by January 2008. Project will commence in January 2008 Project will be completed by pril 2008 We do not plan to replant at this time. The goal of the project is to remove invasive non-native plant material from the Quantum Park site. Follow up monitoring and maintenance will be available by the City in perpetuity. The City has the required 50% match available in the Operating Budget and is ready to commence with the project upon execution of the Grant Agreement with the PBC Board of Commissioners, Public Lands Grant Program Application- Project Title: Quantum Park Exotic Removal - Phase II Page 4 Project Narrative Provide any additional information that describes how the proposed project will meet each of the Jud"in" Critena noted In the applzcatlOn guidelines. Quantum Park is adjacent to the Quantum Preserve, on Quantum Blvd. south of Minor Rd. and east of the LWDD C4 canal. The land is reserved for a future park that will likely be environmental educational in nature. There is a cell tower on the propoerty. Otherwise it has no development. The park has been used for illegal dumping in the past but has been fenced to erradicate this problem. The site has three (3) gopher tortoise holes and one (1) tortoise has been sited. Phase I of the exotic removal has been completed using this grantprogram. Phase Ii will complete the project. When completed, the parkwill be able to support additional native vegetation which will also help increase the native wildlife popultation. The site is directly adjacent to the Quantum Preserve. The park is located between a dense residential area and a commercial area in a highly visible location. The park will be maintained in perpetuity and invasive species will be removed when necessary. The project will b contractedoutto aUcensed arboticulture firm that has completed three (3) similar projects with the City.The City has matching funds in the General Fund. Public outreach will include a public announcement on the City's new Boynton Beach TV station, a press release and an article in the FunFare magazine which is published three times yearly. This is a municipal project. Project Budget Provide a proposed budget indicating how grantfunds will be utilized and where the matching funds will be allocated CATEGORY OF EXPENDITURE AMOUNT MA TCHING FUNDS Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Removal related Costs $ 5,000.00 $ 5,000.00 Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOTAL REQUESTED $ 5,000.00 $ 5,000.00 TOTAL GRANT AGREEMENT $ 10,000.00 Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. Si"""w'd dy ~ Print Nam : '? >L<::'\ ~u.QGQ...\~ -r~~-r Submit 10 copies and 1 original to the following address: Public Lands Grant Program Coordinator Palm Beach County Dept. of Environmental Resources Management 2300 North Jog Road, 4tb Floor . West Palm Beach, FL 33411 Title: ..)0'\::>-\ R,~ e;{2~ s~o"t Date: J~ , -----~ =pj [~:-L ~~'."....~.'.J...'..-.,.; .\ty.....' t1, ~, (j) .2! c.D L[) "':t II ~ "'0 Q) n::: c c 0 I "- -+-' I eu -+-' Q) I 0) i (]) > U -+-' 0 X w - eu u (/) :J u.. C >. l- eu "'0 C :J 0 CO ..Y. l- eu 0.. "' Z '0"1 * City of Boynton Beach Quantum Park <( (:) ~ 0 --' '" ::; u '""d <( OJ ~ ro <J.) z tJJ) <J.) 0 .....:I f-. Z >- m 0 ro -;-> '" 0.. 0 <J.) u c: 0 u ~D S; C--:::.' -2~ o c: o:::w no '" .:;: C ~ .c CO ~ C '" no c: c: '" '" 0::: '" no "0 .S! ~ c: "0 i!! ro ~ '" no C ro ~ <( CJ c: "0 "E i!! no CJ ~ '" ro '" '" '" '" '" <( 0:: <E -g (.) :? :? Q) CJ e ID '" -'" Q) ,<;; ~ " .~ '" E .!!l c: c: Q) :g :g 'c ~ .l!l >, :g '" '5 g -ffi " .s.? ro :5 '" 1ii 0 ro '3 '" .:: 0 ii: .:;: s: no '" ~ CD "- 0::: "- :z CD "- CD :z (.) ~ n . eeeeeeeee@)@@@ ~ 0. <:.. '" ~ ro 3: Q) '" "0 ..c (7j ~~ "8 'ffi LL .:: ~ no '" Q. (f.) ~ Cf) ~ [; .3 ffi ~ ~ ~ 8- \ '":\.!-*.. \::?f/F) '\., i ~ ~ ~~-. -5~~ 'I . +- 220 SW 3rd Street Boynton Beach Florida 33435 T: 561-330-9785 F: 561-330-2392 Email: admin@novoarbor.com PROPOSAL City of Boynton Beach Parks & Recreation Ms. Jody Rivers, Parks Superintendent 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 Mobile 561-436-3183 Phone # 561-742-6252 Fax # 561-742-6233 Wednesday, May 16, 2007 Job Name: City of BB Quantum Park 070516 Work Site: Quantum Park Proposal By: Claude Brigante, ISA Certified Arborist Plant . . ___~E!_~I~E!De~c.!ip.!io~ Exotic/Invasive Removals .9.ty 98 Rate Cost $100.00 S9,80000 Per Annual Contract for Landscape Maintenance Bid # 079-2730-04/CJD Lot & Right of Way - Schedule of Prices - Section (J) Total Removal of Trees - Crew & Equipment. $50/hr x 2 crews = $100 per hr x 98 hours. All specifications per Palm Beach County Exotic Removal Grant apply. All specifications per City of Boynton Beach Contract apply, -----_._-_._._------,--,.._~_._^-_.__._-~-- Total: $9.800.00 Upon your acceptance, sign below and fax to 561.330.2392. Please call our office (561-330-9785) to confirm that we have received your signed approval. We will then call you to schedule a starting date, All appropriate insurance certificates will be provided to you prior to commencement of work. Approved By Title Date Note: Once the work is started, we will not leave your property until the work is completed to your satisfaction. Thank You! We look forward to being of service to you and to providing you with the finest ,professional tree care for your property. Please do not hesitate to call if you have any questions or comments, City of Boynton Beach Quantum Park VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office ~ August 21, 2007 August 6, 2007 (No~n) 0 October 16, 2007 October 1, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7. 2007 October 15,2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17, 2007 (Noon) 0 December 4.2007 November 19, 2007 (Noon) 0 Ann ouncements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approval of the Amendment to lnterlocal Agreement (R2003-0174) with Palm Beach County for the operation of the radio system. The amendment will keep the agreement in force until 4 February 2011. EXPLANATION: The cities of Boynton Beach, Delray Beach and Boca Raton along with the County have established via interlocal agreement, the South Palm Beach County Public Safety Communications Cooperative for the purpose of operating an interoperable radio system and for expanding the geographic use of available frequencies for mutual assistance and daily activities. Essentially, the agreement facilitates a greatly expanded coverage area for each entity's radio system and allows the three cities and the county to communicate with each other during times of mutual aid, joint operations and weather emergencies. Additionally, by sharing the expense of maintaining certain equipment and transmission facilities provided for in this agreement, each of the entities reduces their operating costs. PROGRAM IMPACT: Greatly enhances the use of the radio system by providing for interoperability, FISCAL IMPACT: The city's proportional cost is $44,250.00 per year and is paid for this year. AL TERNA TIVES: Operate the radio system independent of the other cities and the county. ~~ City Manager's Signature Assistant to City Manager C;VWl; Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 RESOLUTION R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING, AUTHORIZING AND DIRECTING THE 6 MAYOR AND CITY CLERK TO EXECUTE AN 7 AMENDMENT TO INTERLOCAL AGREEMENT 8 (R2003-0174) DATED FEBRUARY 4, 2003, BETWEEN 9 THE CITIES OF BOYNTON BEACH, DELRA Y AND 10 BOCA RATON AND PALM BEACH COUNTY TO 11 EXTEND THE EXPIRATION DATE OF THE 12 INTERLOCAL AGREEMENT TO EXPIRE ON 13 FEBRUARY 4, 2011; AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 WHEREAS, the Second Amendment to the lnterlocal Agreement was 17 signed by the parties on February 4, 2003, the purpose of which was to set forth 18 the parameters under which the County will make specific components of its 88 19 MHz Trunked Radio System available tot he parties in order to provide for 20 interoperable radio communications between Palm Beach County and the 21 participating cities; I 22 WHEREAS, the Second Amendment to the Interlocal Agreement was set 23 to expire 011 February 4, 2008, this Amendment will extend that expiration date 24 to February 4,2011. 25 NOW, THEREFORE, BE IT RESOL VED BY THE CITY 26 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, 27 THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and 28 29 confirmed as being true and COlTect and are hereby made a specific part of this 30 Resolution upon adoption hereof. , , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 2. Upon recommendation of staff, this Commission does hereby approve, authorize and direct the Mayor and City Clerk to execute an Amendment to the Interlocal Agreement between the City of Boynton Beach and Palm Beach County to extend the expiration date of the lnterlocal Agreement to expire on February 4,2011, a copy of which is attached hereto as Exhibit "A". Section 3 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of August, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet Prainito, CMC City Clerk (Corporate Seal) AMENDMENT TO INTERLOcALAGREEMENT THIS AMENDMENT to Agreement R2003-0174, dated February 4, 2003, is made as of , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the County, and the cites of Boca Raton, Delray Beach and Boynton Beach, each a separate municipal corporation existing under the laws of the State of Florida and hereinafter collectively referred to as the Cities. In consideration of the mutual promises contained herein, the County and the Cities agree as follows: 1. The term of Agreement R2003-0174, set to expire on February 4, 2008, shall be extended to February 4, 2011, 2, All other terms of Agreement R2003-0174 remain unmodified and in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Amendment on behalf of the County and the Cities have hereunto set their hands the day and year above written. SHARON R. BOCK, CLERK & COMPTROLLER PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Addie L. Greene, Chairperson APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS Asst. County Attorney By: Director Facilities Dev & Operations By: Renewal Amendment to Hub Connect 04/11/07 Page] of 4 ATTEST: By: City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney Renewal Amendment to Hub Connect 04/11/07 CITY OF BOCA RATON, FLORIDA, BY ITS CITY COMMISSIONERS By: Steven L. Abrams, Mayor Page 2 of 4 ATTEST: By: City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney Renewal Amendment to Hub Connect 04/] 1107 CITY OF DELRA Y BEACH, FLORIDA, BY ITS CITY COMMISSIONERS By: Rita Ellis, Mayor Page 3 of 4 ATTEST: By: City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney Renewal Amendment to Hub Connect 04/11/07 CITY OF BOYNTON BEACH, FLORIDA, BY ITS CITY COMMISSIONERS By: Jerry Taylor, Mayor Page 4 of4 ~D/~L/LU~' G~p44 "_JO.1- L..3..J-tJ,LtJO " HI_.J 1 L. J. ! 1 C.:) Lie \.f C>I I_'r"'.:) .". (."";""lC R2003 0174 F EBB ~ 211I3 INTERLOCAL AGREEMENT This Amendment #2 to an INTERLOCAL AGREEMENT, is made Jnd entered into this _ day of _,2002, by and between PALM BEACH COlJNTY, a political subdivl5ion of the State of Florida ("COUNTY") and the cities of BOCA RATON ("BOCA RATON") and DELRA Y BEACH ("DELRA Y BEACH") and BO)"NTON BEACH ("BOYNTON BEACH"), each :l. separ:lte municipal corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS, the Cities of Boca Raton, Delray Beach, and Boynton Beach, have emblished via interlocal Agreement the South Palm Beach County Public Safety Communications Cooperative for the purpose of expanding the geographic use of <lv<lilable frequencies for mutual assistance :l.nd daily activittes and for the establishment and operation of radio communications systems; and WHEREAS, the COlJNTY has purchJsed, designed, installed, and committed to the operation of an 800 MHz Trunked Radio System to meet the needs of the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Management Service, and various Palm Beach County general government agencies; and WHEREAS, the COUNTY and the Cities have determined that the ability to provide interoperable systems is critic<ll to the effective and efficient provision of public safety services; and WHEREAS, it has been determined mutu:llly bendicial to 211 Partics to execute this Agreement which sets forth the parameters under which the radio systems of the Cities and the COUNTY can be connected saving the taxpayers money of both the COUNTY and tbe Cities as well as the opportunity to receive the public safety benefit of interoperabiliry; WHEREAS, Section 163.01, Florida Statutes, permitS public agencies to cnter into loredocal Agreements to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the parties agree that this Amendment #2 is appropriate to update the original Interlocal Agreement, as amended from time to time, and that this amended agreement rescinds and terminaus Agreement #2001-0199,and replaces it in its entirety: NOW THEREFORE, in conjunction with the mutu:tl covenants, promises and represent;\tions contained herein the panies hereto agree as follows_ SECTION 1: Purpose The purpose of chis Agreement is to set forth the parameters under which; 1) the COUNTY will make specific components of its 800 MHz T runked Radio System available to the COOPERATIVE in order to provide for interoperable radio communic:l.tions between the COUNTY 2nd tht cities participating in the COOPERATIVE and 2) identify the use aod monitoring requirementS for the Common Talk Groups established on the County System, South Hub Amend #2 tB~1 Upd"re: 7/)102 17:35 Page I of 19 05/12/20C7 29:44 551-233-132% ~ACILI;IES DEV & OPS PAGE 03 SECTION 2: Definitions 2.81 Boynton Beach Site The City of Boynton Beach's primary r.ldio communic:ltions site located in Tract B, Rolling Green Ridge Second Addition, City of HoynlDn Beach, 2.02 Central Hub The Central Hub consists of the radio communications system operated by the City of West Palm Beach and includes those cities utili7.ing the system through jnterloc21 agreement with the City of West Palm Beach. 2.03 Cities The City of Boca Raton, the City of Delray Beilch, and the City of Boyncon Beach, as individual entities, but used in context of this Agreement to mC;1n each city acting in the collective. 2.04 Citv-CounryRoamini Talk Group Talk groups eStablished on a municipal r2dio com munications system for which the SmartZone conlroIlerwiU assign channel re!\ources on the County's communications systems when units from the talk group arc registered on the System. 2.05 Common Countywide Talk Groups Talk groups established on the County's communic:ltions system that are made available to municipalities and other non-County agencies, These talk groups must be programmed into agency radios and be selected by the user. 2.06 County Talk Groups: Talk groups established on the County's cmmunication system that are made available to county agencies providing for inter-departmental communications. These talk groups are re$erved for particular departments/ agencies and only available to outside departments by separate 2greements. 2.07 Controller The Controller is the group of equipment components that provide audio routing and control sign21ing functions required to interface various independent communications system and provides interoperable operl1rlons berween the individuOll systems. 2.08 Cooperative The South Palm Beach County Public Safety Communications Cooperative which wasestablished by BOCA RATON, DELRA Y BEACH AND BOYNTON BEACH to collectively provide a radio communications system which provides ra.dio communications for the three cities. All references to the COOPERATIVE shall also refer to each of the Cities of Boca Raton, Defray Beach and Boynton Beach and to the approval of all actions of the COOPERATIVE by the Cities pursuant to the lnterlocal Agreement establishing the COOPERATIVE dated 2/2/98. 2.09 Cooper~tive's System The 800 MHz tronked radio system or systems, funded, purchased, installed, maintained and owned by the COOPERATIVE or the individual cities. The system, or systems, shall include the fixed network and field radio transmitting and receiving equipment, microwave equipment and/or leased communication transport lines as required for communications between sites, dispatch center equipment and facilities required for the operations of each city's public safety and governm~nt services functions, and the towers and physical facilities require to house and maintain the system equipment. South Hub Amend '12 Last Update: 713102 17:35 Page 2 or 19 05/12/2007 09:44 551-233-0205 ~ACILI'1ES DEV & D~5 P{.4C:iC k"td 2.10 CSOPAC Communications System and Operations Policy Advisory Commiccee established to develop policies for the system in which both tbe COUNTY and the COOPERATIVE participate. 2. J1 CRSSC Countywide Radio System Steering Committee established (Q oversee implementation of the policies established by the CSOP A C and to modify existing policif':s or create new policies as required over the life of the System. 2.12 Microwave System A communications system utilizing frequf'ncif's in the microwave range to route audio and control signals between sites in a multi-site communications system, 2.13 Network Administrator; Is the County staff position responsible for maintenance and administration of the COUNTY system includmg the SmartZone ControIll'r. 2.14 North Hub The North Hub is a communications system proposed to be developed by the municipalities in the nonhern County nea. 2.15 Parties All entities that have executed this Agreement which include tbe COUNTY, BOCA RATON, DELRA Y BEACH AND BOYNTON BEACH. 2.16 Prime Site The loc;ation of the County's SmanZone'" Controller. 2.17 R:l.dio Alias: The unique name assigned to an operator's fadio that displays on the dispatchers console when a radio transmits. 2.18 Roamin~ Feature A fe:1rure of the SmartZone controller that allows units from speCified talk groups to register OntO communications systems associated with the SmartZone c;ontroller when beyond the coverage of their primary system. Additionally these talk groups are assigned communications channels on the systems where units registered when there is talk group activity. 2.19 South Hub The South Hub refers to the communications system, facilities and operations proposed by the South Palm Beach County Communications Cooperative. 2.20 ~ The 800 MHz Tronked Radio system fund~d, purchased, installed, maintained and owned by the County. The system will include fixed and field transmitting and receiving equipment, a microwave system for communications bet'Ween sites, remote and prime site control and management equipment, disp:1tch consoles and related equipment and a Smart Zone controller located at the prime site. 2.21 System Administrator: An employee within the County's Communication Division of the Department of Facilities Development & operations Department responsible for day to day administration and management of the System and County's designated conuct person pursuant to various sections of this Agreement. Soulh Hub A.mend #2 LaSI Update: 7/3/02 17:35 Pagc3 of 19 ~5/12/20~7 ~9:44 551-233-02% CACILITIES D~V & OPS PAGE 05 SECTION 3: COUNTY'S 800 MHz Trunkcd Radio System 3.01 The COUNTY has purchased, installed, :lnd operates a'SmartZone'" Controller, capable of expansion to 48 pons, at its Prime Site. The COUNTY will solely fund the purchase .lOd ~~~ the Controller. The COUNTY will allow the COOPERATIVE to connect to the Controller utlll%mg a maximum of nine (9) ports. 3,02 COOPERATIVE agrees to pay its fair share of the operation and ffiilintenance ~ostS associated with the Controller on pro rata basis. The operations and maintenance costs to be included are: system ..dministration COSts (which includes personnel costs). utilities, equipment, software and ~omponent renewal, replacement costs, and controller maintenance ~osts (which may be out-sourced or performed by the County), The COOPERATIVE'S maintenance costs are ~alculaled in Section 5.01 and 5.012 of this Agreement. 3.03 COOPERA TIVE will be solely responsible for any and all permitting and/or licensing COStS associated with its use of the Controller. 3.04 COOPERA TIVE will be solely responsible for any and all costs associated with the purchase of equipment components, modules, interfacing hardware and the installation services required to utili~l' the $m:trtZone'"' Controller. 3.05 The COOPERATIVE agrees that only the COUNTY will connect to, expand, or otherwise modify System components which are owned by the COUNTY. The COOPERA TIVE will fund su~h actions to be undertaken by the COUNTY on the COOPERA TIVE's beh:tlf, and pursuant to the terms of this Agreement. 3.06 The COOPERATIVE will only be financially responsible for those actions undertaken on the COOPcRA'I'IVE's behalf when the COOPERATIVE has agreed to the costs in writing prior to commeo,cement of the activity. SECTION 4: County's Digital Microwave Communications System 4,01 Pursuant to a separate agreement between the COUNTY and BOYNTON BEACH, the COUNTY will locate digital microwave communications equipment at the Boynton Site, The COUNTY will allow the COOPERA'I'IVE to use the microwave system as a communication path between the COOPERATIVE and the Controller located at the COUNTY's Prime Site. 4,011 Boynton Beach will solely utilize the 6 Tl capacity in the Microwave System reserved for use by the COOPERATIVE pursuant to separate agreement and th:lt De1ray Beach and Boca Raton will transport from their systems to the COUNTY's Prime Site via leased Tis and not via the Microwave System. 4.012 If Delray Beach and Boca Raton subsequently decide to utilize the Microwave System directly from their respective systems to the COUNTY's Prime Site, the individual City will be totally responsible for :tII ~osts associated with the purchase, installation, ownership, operations and maintenance of equipment solely for its benefit. South Hub ^mend #'1 Last Update: 7/3/02 17:35 Page 4 or 19 05/12/2007 0g:44 5b1-233-EJ211b l- {-.4L:l L.":' i 1~':J .Ut=..v ~" U~":l ~."' (..\t,t ; ~ b The provisions of Section 4.03 will also then apply to Delray Beach aod/or Boca Raton. 4.02 COOPERATIVE will be solely responsible for all costS associ,lred with mterfaces between the Microwave System or the commercial telephone system :lnd the COOPERA TTVE's radio SYSIcm, 4.03 The COOPERA TTVE agrees that only the COUNTY will connect to, expand, or otherwise modify Microwave System components which are owned by the COUNTY. COOPERA TNE will fund such actions to be undertaken by the COUNTY on the COOPERATIVE's behalf. and pursuant to the terms of this Agreement. SECTION 5: COOPERATIVE's Maintenance and Administration Costs 5,01 The COOP ERA TIVE shall pay an annual mamtenal1ce and administration fee based on the following percentagc of staff and material costs, The costs provided below present as not to exceed cost through October 2003. The costs for agencies using the SmartZone Controller are derived as follow: the capped EStimate Annual COSts for fiscal 2003 are multiplied by the fixed percentages and the sum of the costs for each category are apportioned om to rhe user agencies b;1Sed on the number of active talk groups for each agency. As additional non-County u.scrs connect direcdy ro the SmartZone Controller, the COOPERA "lIVE'S percentage of the total cost will reduce. Estimated Annual Annual Staff or Materials COSt Percent Cost Network Administraror 575,000 20% $15,000 Network Engineer $67,000 10% $ 6,700 Field Engineer S50,5OO 10% $ 5,050 DlIta Entry $25,000 10% $ 2,500 Parts/Suppl ies/Softw~re $50,000 30% S 15,000 Total $44,250 5.011 The COUNTY reserves the right to charge the COOPERA TIVE on a time and materials basis for the after hours emergency trouble reports that are not the result of a failure of the SmartZone Controller, the Ambassador switcb, microwave system or related subsystems or software. 5,02 The COUNTY shaJl inform the COOPERA TrvE of any adjustments to the maintenance administration costs e:.lch year during the month of March. The COOPERATIVE shall pay the maintenance and administration fees as a check payable to the Board of COUnty Commissioners. The COUNTY shall invoice for payment in October and payment shall be due November 30", Each year the COUNTY shall r~-cakuJate the fees provided in rhis Agreemenr. The new calculation shall consider increases to the number of active talk groups and a.nnual maintenance and administrative costs, Using tbe allocation methodology described in this Agreement, the cOSts contained in Section 501 can be modlfied annually based on a lenet agreement executed by the County Administrator (of his designee) and the Chairman of the COOPERATIVE. South Hub Amend #2 LlSt Update: 7/3/02 17:35 Pilgd of 19 ~5/12/2~57 ~3:44 ':Jbl-233-1:J:l'::lb ~~CILll~C~ ~CV & U~~ ~,-\,,:ll:. t1 ( 5.03 The COOPER,'\. TIVE shall provide to the COUNTY copies of their software licenses for the use of the SmanZone system features associated specific..Jly w;th the COOPERA IIVE. These licenses shall be submitted to the COUNTY prior to the COOPERA TIVE commencin& operations on the SmartZone Controller and renewals shall be provided thereafter as prescribed by the license(s). 5.04 The COOPERATIVE shall have the authority to connect and utilize the features and c:lpabilitics of the SmartZone Controller to provide ioteroperability between the cities of tbe COOPERATIVE and other agencies as may be authorized at :l future dolte. The COOPERA TIV:E shall have access authority to the SmartZone Controller that will allow the COOP:ERA TIVE to establish talk groups and subscriber units on the System within the allotments provided in Attachment B to this Agreement. The COOPERATIVE shdl progr:1m talk groups or subscriber units for operation only on radio systems owned and operated by the cities of Boymon Beach, Delray Beach and Boca Raton. 5.05 The COUNTY shall attempt to notify the COO ERA TIVE a minimum of seventy two hours in advanc~ of :all !;cheduled interruptions of tbe Sm:artZone Controller's capabilities. The COUNTY shall make every effort to limit scheduled interruptions of the SmartZone Controller :;ervice to no longer tban ninety minutes. Scheduled interruptions of service shall occur between 2:00 a.m. and 6;00 a.m. whenever possible. 5.06 The COOPERA TNE shall be responsible for maintaining the equipment components that make up the COOPERA TIVE'S System and the associated equipment used to interface with the County's system, 5,07 The COOP ERA TIVE sh:lJI have the authority to utilize private call and telephone interconnect features for the operations o( th~ir agencies. The COOP ERA TIVE recognizes that the COUNTY'S use of the System does not include these features. As a result, additional equipment and software licenses mllY be required to implement these features. SECTION 6: System Capacity Forecast Assumptions 6.01 The COu"NTY and the COOPERATIVE agree that it would be mutually beneficial to maximize the number of city-county talk groups with capabilities for System-wide rO:lming. The system design forecast does not project any System capacity is available to acbieve this objective. However, as the System is used, thl! COUNTY will h:avl! actual System use data that can be used in lieu of the System use assumptions used for the original system capacity projection, The COUNTY agrees to periodically reevaluate law enforcement's use of the System compa.red to the use projections. The specifics of this evaluation ate identified in Attachment A to this Agreement. 6.02 Roaming shall be :tllo'\V~d betWeen the radio systems of the COOPERATIVE members at the discretion of the COOPERATIVE. Roaming shall not be allowed, as of the date of this Agreement, from COOPERA rIVE systems onto tbe COUNTY system nor from the COUNTY system onto the cOOPERA TN:E systems. South Hub Amend #2 LOIn Update:; 7/3/02 17~J5 Page: 6 gf 19 SECTION 7: COOPERATIVE's Acknowledgment of COUNTY Expenditure The COOPERATIVE acknowledges that by entering into this Agreemenr, the COUNTY has allowed the COOPERATIVE to save in excess of $1,000,000 as well as avoid costs ilssociated with establishing a microwave link from the Boynton site to the Prime Site in excess of $125,000. SECTION 8: COUNTY'S Obligations to COOPERATIVE's System 8.01 Nothing in this Agreement shall represent a commitment by the COUNTY, or shall be construed as intent by the COUNTY, to fund :my portion of the COOPERATIVE's System, 8.02 After system acceptance warranty expiradon, the COUNTY shall provide a response by a qualified technician to failures of SmartZone functionality that impact the operation of any of the COOPERA TIVE'S radio systems within tWO hours of being notified of such failure. The COUNTY shall take all possible actions to restore SmartZone functionality to full operation without delay. 8.03 COOPERA TIVE shall give the COUNTY twenty four hours notice of the need to access the SmartZone Controller facility for roudne maintenance or installation of COOPERA TIVE equipment. 8.04 COOPERA TIVE shall have continuous access to the SmanZone Controller facility to repair problems with their connectivity system~. After hours access shall be provided through the emergency trouble reponing procedures established for the System. SECTION 9: Utili7.ation of Countywide Common Talk Groups 9.01 The EMS Talk Groups were implemented specifically fOf emergency medical corrununications betwecn the emergency providers and hOSpitals in and around Palm Beach Count)1 The usage of the talk groups <1re defined below. 9.011 Scenario of Usage A field unit requesting communication with a hospital will request communication with a hospital through the Palm Beach County EMS Dispatch Center on the MED Control Talk Group. 2. Thc EMS Dispatch Center will assign the unused MED Talk Group and request the field unit switch to the appropriate MED Talk Group. 3. The EMS Dispatch Center will contact the hospital and perform a console patch between the Hospital Talk Group and thc corresponding MED Talk Group uniting the field unit and the hospital. The units will commence communication with dispatch intervention, 4. Ar the conclusion of the communication, the Dispatch Center WIll break the patch between thc talk groups and return the MED Talk Group back to the pool for other users. South Hub Amend #2 Last Update: 7/3/02 17:35 P:\g~ 7 of 19 aO/~LIL~O' ~J.~4 :JD.! - L.:J.J-VLrJO rHv~LL'LC~ ~CV ~ ur~ r Hit...:Il:.. tJ :::J 9.02 The Common Talk Groups were implementcd specifically for inter-agency communication among multiple agencies. regardless or their specific discipline or affiliation. They werc also created to allow conwunieations between agencies without requiring cross-programming operational talk groups in each agencies radios. Proper usage of the Common Talk Groups are defined below. 9,021 Scenario of usage: I. A unit requesting to coordinate a multi-jurisdictional operation or call for mutual assistance. places a call on the Call Talk Group for the appropriate discipline (ie. Law Enforccment, Fire Rescue, or Local Government) to the dispatch center of the required agcncy(ies). 2. The responding dispatch center assigns one of the Common Talk Groups to the requesting unit and contacts its agency's unit(s) and request the user switch to the corresponding talk group. 3. The participating units would communicate on the Common Talk Group(s) and upon completion of the operation, the talk-group is cleared of all radio traffic and put back into the pool for other agencies, 9.022 Exam.ples of approved usage for Common Talk Group arc following: 1. Working talk group for multiple agencies fighting a fire together. 2. Coordination during a police chase through multiple jurisdictions. 3, Coordination during disaster recovery, 4, Coordination for a special event which requires participation of multiple agencies and disciplines. (i,c.. undercover operations, investigations, perimeter communications, fire ground coordination, efC,) 5, Coordination for scene security and establishment of landing zone for aircraft. In addition, the Common Talk Groups could be used by any agency experiencing catastrophic failures of their own communication system for a predetermined amount of time:. A request to utilize the Common Talk Groups for this situation requires permission of the System Administrator Once approved by the System Administrator, the Common Talk Groups could be temporarily utilized until repair of the agency's communication system is complete, South Hl1b Amend #2 Last Update: 7/3/02 17:35 Pa~e 8 of 19 UbflLfLUDI D~:44 ::lb~ - L.j.j-OLt:Jb i~Li!.l~. .lL'_J UCV t'<,l Ul:J :-.~ q!.~lt 9.03 The Common Talk Groups shall not be used for every-day rourine communications 9,031 Examples of improper use arc the following: I. As an extra talk group for agencies that have cross programming agreements and duplicate talk groups programmed into their radios, 2. To provide an extra working talk-group for a single agency supporting a special event or operation. (i.e.. undercover operations, investigations, perimeter communications, fire ground coordination, etc.) 3. As an additional dispatch, administrative, or car -to car talk-group for use by a single agency. SECTION 10: Frequencies The Parties agree that the frequencies held by Palm Beach Counry and the frequencies held by the COOPERATIVE shall be separate and shall be implemented and used at the sole discretion of the individual partics. SECTION 11: Liability The panies to this Agreement :md their respective officers and employees sh:lll not be deemed to assume any liability for the acts, omissions and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either parry, pursuant to Section 768,28, Florida Statutes. SECTION 12: Term of Agreement The term of this Agreement shall be for:l period of five (5) years from execution. The Agreement may be renewed for a period of three (3) years upon written modification by all Parties, Should the Agreement not be renew~d at any time in the fUture, the provIsions of the termination clause shall apply. SECTION 13: Amendments to this Agreement 13.01 This Agreement may be amended from time to time by written amendment by all Panies. 13.02 In the future, if the County enters into an agreement(s) with other municipalities which terms are more favorable than those contained in this Agreement, the County agrees to amend this agreement, by written amendment executed by tbe County Administrator or hls designee, the Director of Facilities Development & Operations to match [he more favorable. This provision does not apply to Sections 4 and 7 of this Agreement. South Hub ^mend #2 Last Update: 7/3102 17;35 ".gc 9 of 19 05f12f20C7 ~?:44 551-233-02% ~~CILITIES 8EV & OPS aAGE 11 SECTION 14: Termination 14.01 The COUNTY C:ln only terminate this Agreement <\s a result of any default of the COOPERATIVE pursu:1nt to this Agreement. 14.02 The COOPERATIVE may terminate the Agreement with 60 days notice to the COUNTY. All improvements made to the SmartZone Controller, the Ambassador Switch, the microwave syst~m, 2nd related subsystems by the COOPERATIVE, or on its behalf, shall remain part of the equipment where installed and ownership shall transfer to the COUNTY. SECTION 15: Administration 15.01 The Palm Beach County Communications Divisions is charged with responsibility for administering the System. Within the Communications Division a position with the title of 800 MHz Syuem Adminisrraror will be the City's day to day contact and can be reached at 561-233-4417. The Commtmications Division is staffed from 0800 to 1700 hours Monday through Friday, excluding County holidays. After hours emergency contact can be made through the Counr}" s Fire Rescue Dispatc;h Center at 561.71,2.6550 and the appropriate contact will be made. 15.02 The administrative policies for the SmarrZone Controller shall be established by the CRSSC, The COUNTY and the COOPERA TM agree to abide by the policies so eStablished. 15.03 The COOPERATIVE shall assign representative to attend the User Comminee meetings for each of the law enforcement, fire rescue and public works disciplines for which the Cities have subscriber units programmed on the System. Participants at these meetings will discuss all system maintenance and administration issues. Non-critical problems or suggested changes shall be presented at the meetings. As agreed to by the user Committee members, issues discussed at the meetings shall be forwarded to the Network Administrator of the CRSSC for final approval. 15.04 The COOPERATIVE shall be responsible for adhering to the policies and procedures established for System use. Should the COOPERA TIVE not follow the established procedures, there shall be three warnings before corrective action is taken. The CRSSC shall bave the authority to direct the Network Administrator to implement modification to the network including disabling unitS or disabling access to the System. 15.05 The COOPER1\. TIVE shall receive ctrr:\in :l.ccess codes to the Palm Beach County syStem and shall be responsible to safe guard the code information from release to unauthorized parries. Service staff directly employees by the Cities of the COOPERA TIVE shall be considered authorized to receive access and programming codes for the maintenance of their agencies' radio equipment. Commercial service providers are not considered authorized to receive access of programming codes for the COUNTY's System. Agencies that plan to use commercial se.rvices for their system or subscriber unit maintenance must include confidentiality requirements in their contracts with the c;ommercial service providers acceptable to the Network Administrator before access or programming codes may be released to these companies. South Hub Amend #2 Last Update; 713/02 17:3S Pille: 10 Qf 19 05/12/2007 09:44 st,1-233-0205 FACILITIES DEV & OPS PAGE ] :; 15,06 Commercial maintenance service providers are not considered authorized to receive ;lccess or programming codes for the County system, unless meeting the requirements of Section lS.061 and/ or 15.062 bdow. If the City does not have employees capable of programming City radio equipment or prefers to have others program City radio equipment, It may request that the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Communications program City radio equipment under the terms of ;a Separate agreement. 15.061 If the City uses a commercial service provider to program City radio equipment at the time of execution of this Agreement and desires that the commercial service provider program the City radio equipment with the Common Talk Groups, the City must submit its eXIsting contract with the commercial service provider to the System Administrator for review. The review will focus on whether the contract terms between tbe City and the commercial service provider are adequate to protect the County's radio system from mis-use, harm or release of :access :and programming codes to unautborized persons. Notwithstanding the previous statcment, the County retains the ril;11t, in its sole opinion with or without written reason or cause, to approve the use of a commerci:al service provider. If approved, the System Administrator will release the acceSS :lnd programming codes to the commercial service provider. The City will be responsible for ensuring that the commercial service provider adheres to the terms of thi~ Agreement pcruining to the proper use of the progr:\mming codes and radio equipment use. If not approved, tbe City shall use either the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach Couney Communications Division to progr:lm City radio equipment with Common Talk Groups. 15.062 If the City intends on using a commercial service provider to program City radio equipment with the Common Talk Groups, the City shall submit the a.ppropriate bid documents/contract to the System Administrator for approval prior to soliciting a bid or quote from the commercial service provider, The System Administrator will work with the City to develop the appropriate language for the contract which will allow for approval of the commercial service provider. NoC'withstanding the previous statement, the County retains the right, in its sole opinion with or without written rcason or cause, to approve the use of a commercial ~rvice provider. If approved, the System Administrator wiiI reiease the access and programming codes to the commercial service provider, The City will be responsible for ensuring that the commercial service provider adheres to the terms of this Agreement pert:lining to the proper use of the programming codes and radio equipment use. If not approved, the City sh:tll use either the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Communications Division to program City radio equipment with Common Talk Groups. 15.07 The City is solely responsible for tbe performance and the operation of City equipment and any damages or liability resulting from the use thereof. Should the County identify malfunctioning City owned equipment, the County will request the City to discontinue usc of the specific device until repairs South Hub Amend 112 Last Update: 7f3/02 17:35 Pl1ge II of 19 05/12/2027 ?9:4~ 551-233-02% CASILITIES v~V & OPS PAGE 13 arc completed. The County may, at it's discrction, disablc the equipment from the system after properly notifying the City in writing if the device is causing interference to the system. 15.08 In the case of stolen Or lost equipment, the contact person identified in Section 15.01 will notify the System Administrator by c~mail or fax authorizing the System Administrator to disable the equipment The authorir..ation shall provide the COUllty issued individual unit ID number and the serial number of the radio. The System Administrator will advise back via e~mail when the radio has been disabled. A request by the City to re-activate a disabled radio will also be required in writing bye-mail or fax to the System Administrator, 15.09 The COOPERATIVE shall have the capability to generate call activity reports, faulty reports and reports about the infrastructure equipment, as well as subscriber units established on the individual udio systems of the COOPERATIVE. 15.10 The COOPERATIVE shall have access through their SmartZone Manager Terminal to receive alert~ and alarms for the SmartZone Controller as well as the infrastructure equipment for their individual communications syStems. 15.11 The COOPERATIVE shall be responsible for including the requirements of Section 9 and Section 15,06 of this Agreement in any Agreement with another municipality or agency for communications, dispatch, police or fire rescue services, SECTION 16: Annual Budget Appropriations The COUNTY'S and Cities' performance and obligation to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose by the Board of County CO.rnmissioners and each individual City Council. SECTION 17: Notices Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the COUNTY: Director, Facilities Development & Operations 3323 Belvedere Road, Building 503 West Palm Beach, Florida .3.3406 With copy to: Director of Communications Division 3323 Belvedere Road, Building 506 West Palm Beach, Florida 33406 South Hub Amend 1#2 LlIst Update: 7/3/02 17:35 Page 12 of 19 05/12/2007 09:44 551-233-0205 FACILITIES DEV & OPS County Attorney's Office 301 North Olive Ave, Suite 601 West Palm Beach, Florida 33402 As to BOCA RATON: City Manager City of Boca Raton 201 W. Palmetto Park Rd. Boca Raton, FI 33432 With copy to: Chief of Police City of Boca R:noo 100 NWBoca Raton Blvd Boca Raton, FL 33432 As to OELRA Y BEACH: City Manager City of Delray Beach 100 NW First Ave. Delray Beach, FL 33444 With copy to: Chief of Police City of Oelray Beach 300 W. Atlantic Ave Delray Beach, FI. 33444 As to BOYNTON BEACH: City Manager City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435 With copy to: Chief of Police City of Boymon Beach 100 E. Boynton Beach Blvd. Boynton Beach, PI. 33435 South Hub Amend #2 Last Update; 7/3/02 11:35 PAGE 1 a Page 13 of 19 05/12/2007 09:44 SSI-233-02"lS ~ACILITIES DEV & OPS PAGE 15 SECTION 18: ApptiC::lbl~ L:lw/Enforcement COStS This Agreement shall be governed by the laws of the St.ne of FloridaJo any litigation brought by a parry to this Agreement to enforce the terms of this Agreement, each party shall bear its own costs and attorney's fees incurred in connection therewith. SECTION 19: Filing A copy of this Agreement shall be filed by Palm Beach County with the Clerk of the Circuit Court in and for Palm Beach County, SECTION 20: Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of any party, IN WITNESS WHEREOF, the parties have caused this AgreE:mcnt to be executed on the day and year first written above. ATTEST: R2003 0174 FEB . 4 . DOROTHY H. WILKEN, Clerl~",,,,,,\,,, ~""""""~'T Y ""II .... "'i" ell, ffO~""'-""-, 0 fir ..?"CJ/ ".,~'" ~ .' .a 6 --<.1.:\ .::-~ :; l-\.."" t:;..,c '-, .;:. ~ BY '>Y:cJ> ~ : ". ~ NT Y :cn~ ~C'.,... :o~ ~ ~" rLORlof>- .: ;: ~l ~'" "'~f ", 0 -', ,.'~7:# ASTOFORMANDLEG~~~~~~ PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY:~V IJ-~ t- Chair Karen T. Marcus AS TO TERMS AND CONDITIONS: BY;~~ County Artorn BY; South Hub Amend N2 LlI~t Update: 7/3102 11:35 Pase 14 of 19 05/12/2007 09:44 551-233-0205 FACILITIES [lEV & DPS PAGE" lb BY, jj~ ~~ / CITY OF BOCA RATON, BY ITS CITY COMMISSIONERS BY'~ Signature of Mayor -- ~ CITY OF BOCA RATON. Clerk BY: "'$ Printed Name of Mayor Legal Sufficiency: t~ South Hub Amend ff2 U,t Upd"tt:, 713102 ILi5 PJge l.~ of 19 VOf~LfLVQ( ~!~.~~ "J':ll. - L.J.,j-tJLO'JO ~~vLLL'l.C~ VCV ~ ur~ r~\.:1C J..' CITY OF DELRA Y BEACH, Clerk CITY OF DELRA Y BEACH, BY ITS CITY COMMISSIONERS By,ihJ~ BY:~ ~~Q,J. ~ _ ct-' Signature of Mayor -- BY; DA.1I1 [) II. s:'H,.-r I D 7 Printed Name of Mayor Legal Sufficiency: ~l City Attorney Soudl Hub Amend #2 UlSl Update;:; 7/3/02 17:35 Page '6 of /9 ~b/lLIL~~1 ~~:qq :Jbl-L~,j-l1Ll1b ~AG1L_li~~~ L}~V & U~~ -'!41~,t CITY OF BOYNTON BEACH, Clerk CITY OF BOYNTON BEACH, BY ITS CITY COMMISSIONERS ~ BY:~/ , Signature of Mayor BY; ~ B. We;14nJ V,~~ M~ov Primed Name of Maydr Legal Sufficiency: _D CR}.~ City Attorney 8COMHz\.outh hub 2nd South Hub Amend 112 T.ast Updnlc: 7/3102 J 7:35 Page 17 of 19 ~O'~LIL~V' V~;44 ::JOi-L.J..:J-VLtJO rHGJ.Ll.! l.C:) Uc...V ~ ur::> '-F4~c... 1.:J Attachment A System Capacity Forecut Re-evaluation In order to implement Section 6 of the Agreement, the COUNTY agrees to the following. Two (2) years after final acceptance of the System and complete migration of PBSO to the system and every three (3) years thereafter, the fore~st of System capacity will be re-e~aluated. The re-eval~al:ion will entail the substitution of actual System use data for System use assumptions used to determme System capacity. The re-evaluation wi~) be do~e by p~rforming an Erlang studr ?ased on actua! system usage data, actual unit quantities and, reVised unit qU2ntlty growth for the remammg system bUild-out. The SYStem use a$$Umptions used to determine the original system capacity projections are identified as follows; System Build-out: 2013 Number of Voice Channels: 27 (See note below) Calculation Model; Erlang-C Standard Call - Seconds/Units; 3.778 seconds Loading: Call/Hour/Unit: 1.7036 caU-seconds Working Channel Overhead: 0.5 seconds Maximum Acceptable Delay; 1 second Average Mess.age: 4.278 seconds Offered Load: 14.3634 erlangs Basic Grade of Service: 0.20 percent Delay~d Call Grade of Service: om percent Percentage of Time each Channel in Use: 53.2% Agency Parameters: Law Enforcement Fire-Rescue/EMS Gen. Gov~m.. Total Unit Quantity by 2013 Peak Erlang by 2013 3412 6.91 1405 2.84 2278 4,61 7095 14.36 Note: Implementation of two additional channels capable of countyWide coverage is required to meet [he operational minimums for [he fuUlS year system life cycle. To determine the availability of system capaciry to SUppOrt city-coumy talk groups, the above assumptions will be compare with actual use data and the assumptions will be adjusted accordingly for law enforcemem. Using the adjusted parameters an Erlang-C study shall be performed to determine capacity usage. In the event that the re-evaluation indicates that overall law enforcement usage is less than that computed by the assumptions (including the projected gro\'Vth in number of COUNTY law enforcement radios and the actual use for those projected radios), the COUNTY ....ill re-direct that law enforcement capacity difference to allow for cenain talk groups to have the roaming feature activated. Municipalities proposing Saudi Hub Amend #'2 LaS! Update; 1/3102 11:35 Page 18 of 19 roaming talk groups shall provide Erlang study data to demonstr:lt~ the identified available capacity caD support the caU trafflc from the proposed city-county talk groups. To ensure comparable Erlang study results, municipal studies shall be based on the same methods and calculation model as used for the County's study, The number of specific city-county talk group to use the roaming feature will be based on an evaluation of aU city-county talk groups, capacity needs for each talk group, the capacity available, the number of radios with access to the talk group, the risk/stress involved in ;Ictivities using each t:Uk group, and any monitoring requirements, All citie~ in the County will be able to participate in the identification of law enforcement city-county talk groups for consideration to go to System-wide roaming. The COOPERATIVE acknowledges that any capacity which may be re-assigned to enable city-county talk groups with the roaming feature is avaBable to aU cities in the County not only those in which the COOPERATIVE routinely participates. As the System has countywide coverage it will nOt be necessary for COUNTY users to activate a roaming feature. As a result, any COStS associ01ted with the re-programming of subscriber units and the SmartZone controller will be borne in its entirety by tbe entity proposing the city-county talk group. The re-assignment of any capacity initially forecasted to fire rescue and general government users, is at tbe sole discretion of the COUNTY. h:~ou[hubag' .~ South Hub Amend 112 last Update; 7/3/02 17:35 Page 19 of 19 .\1".Y_.~k- -- -- ::::.- =----- ~ --~ ..--- I o --~ --~ " )- -- -- ~ 1\-"'0 N '0<-- VI.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates ~ August 21, 2007 August 6, 2007 (Noon,) 0 October 16,2007 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 0 October 2,2007 September 17,2007 (Noon) 0 December 4,2007 Date Final Form Must be Turned in to Citv Clerk's Office October 1, 2007 (Noon October 15,2007 (Noon) November 5, 2007 (NoOlij3 C-. November 19, 2007 (N~ W o ~ n--t ::::::j-< -<0 C") '"T1 :-co fTlO ?:l-< :^Z ui-< o oz ""'co ::!fTl ":> fTl" :I: 0 Announcements/Presentations 0 City Manager's Report -0 :x: NATURE OF 0 Administrati ve 0 New Business .r:- AGENDA ITEM ~ Consent Agenda 0 Legal W &" 0 Code Cornpliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Gentil Felicite for the property located at 3959 89th Road South, Boynton Beach, FL 33436 EXPLANATION: The parcel covered by this agreement includes a singe-family home located in an unincorporated portion of the City's utility service area. Only potable water is available for connection to the property at this time due to recent water main improvements associated with the widening of Lawrence Road. PROGRAM IMPACT: None. The water main already exists, and the property owner will be responsible for extending a plumbing line to the proposed meter. FISCAL IMPACT: None ALTERNATIVES: NOD'. Th;, P'". rr.<<)w willthlD t.h.' City" DtHi.ty "",i" area. 4 ~~<:;:~ Department Head's Signature ~Ye~ Assistant to City Manager W/ UTILITIES Department Name City Attorney / Finance Xc: Peter Mazzella (w/copy of attachments) City Attorney File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 28 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. R07- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND GENTIL FELICITE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 3959 89th Road South, Boynton Beach, Florida; and 14 WHEREAS, the parcel covered by this agreement includes a single-family home 15 located in an unincorporated portion of the City's utility service area; and 16 WHEREAS, a water distribution main already exists and the property owner will be 17 responsible for extending a plumbing line to the proposed meter; and 18 WHEREAS, no additional construction will be required by the City to serve this i' 19 property. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confimled as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2, The City Commission hereby authorizes and directs the City Manager 26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 27 Gentil Felicite, which Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO'Agreements\Water Servlce\Felicite Water Service AgreemenLdoc 1 2 3 4 5 6 7 i I 8 Ii 9 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 '! PASSED AND ADOPTED this _ day of August, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Attest: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Water Service\Felicite Water Service Agreement-doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS .AG~Mr:~T \TIflde on this W~y of ~ V (t L ,2002, by and between ~,f;11 \-~ \, Cl-r-6 hereinafter called the "Customer", and the CIT OF BOYNTON BEACH, a mUnIcipal corporatIOn of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: l. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) ') The Customer and the City hereby agree that there are L Ii Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, laboL installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, successors and assigns, 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the 2 event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 'I _1 \' WITNES S WHEREOF, the parti es hereto have set their hands and seals this ze, r.!:ctay of t VI\L- ,2007. WITNESS: ~ ~ --~~~ Wit~es~Signature r2.t Printe INDIVIDUAL(S) AS OWNER(S): ~c~1Z-~( o'Ger Si~llflt.)l~e h ~ 'Y....U --r , \ f=: . Printed Owner Name Witness Si&nature~__ L L\" C-ec6fe= .t:::( iT fIOMM.E; Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature j Printed Witness Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF {)fO(2\OPr ) ) ss: COUNTYOF~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid '""rd ~Te C~ty aforesaid to take acknowledgments, personally appeared G.c;;::;V\11 'Lf~ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: FL, \) ltI \lEl2- 2 1/~tJ5'i:... ) ( 9534- Z4Q- ,.3- '1b"6-0 _~ WITN"ESS my hand and official seal in the County and State last aforesaid this W -day of ,~V V\ t... , 2001-. (Notary Seal) $$..~'r" JamesD.Ford () r\JAN"":;-;S"~' n =i6l*: ~~ MY COMMISSION I 00268463 EXPIRES t"}'" ... K...t. Y ! ?::J-- : ~ :~ Novembe 18, 2007 My Commission exp ,..i...i' BONDEDTHRUTROV:"'NINSURAIa,INC. Notary Public 4 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Kurt Bressner, City Manager ATTEST: City Clerk Approved as to form: City Attorney STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and m the County aforesaid to take acknowledgments, personally appeared , City Manager and City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this ,200_ day of (Notary Seal) Notary Public My commission expires: S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc H:\l 990\900 1 82.BB\AGMT\Water Service Agreement - Rev I -6-06.doc 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody and Ezrol PA 3099 East Commercial Blvd. Suite 200 Ft Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTYOF~e~ I/We, , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCNNo.: 00-43-45 -lfb-WOBO -7/20 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the z,.g,~ay of 00 C\ <1-- , 20~ and the powers and authority shall be irrevocable by Grantee. 1')4' i:!: IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of ~ U (\z ' in the year 200 T Sealed and delivered in the presence of ~.~ Witness Signature f2 L ' POMPq/Sfk.J_' prln~ ~~fe~ [)_ L.L e€f' k' IE t1a1.I VlD fV\ f'Y\ <c-- Print Name Witness Signature Owner Signature Print Name Print Name Witness Print Name ) ) SS: COUNTY OF PALM BEACH ) THE FO.REGOING INSTRUMENT was aCknqwle~befor< Ij1e this Z8~ay of ~ V t\~. 20.4, by 00Tttl I:E--U c rr::cC and , , who are known to me or who have produced _r;:L · 11 r2.1VeD I ((".aJS.,., as identification and who did/did not take a~ O~e5 \) .'-o-mrL NOTARY Pl-!,.eI}C l~~fli.tr... Type or Pri~1''':: 8OHDE~~~~~::~BiN;~1HC ~/Rf..~ STATE OF FLORIDA James D. Ford Commission No. My Commission Expires: S :\CA \AGMTS\ Water Service\power of atty. doc - 1-6-06 H\1990\9001 82.BB\AGMT\Power of Attorney-Ind l-6-06.doc Palm -Beach County Property Appraiser Property Search System Page 1 of 1 Location Address: 3959 89TH RD S Ld""..wMIe"'l,dlR", <in} Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-18-00-000-7120 Subdivision: Official Records Book: 19633 Page: 1004 Sale Date: Dec-2005 Legal Description: 18-45-43, N 110 FT OF S 220 FT OF E 90 FT OF W 249.10 FT OF SW 1/4 OF SW 1/4 Owner Information Name: GENTIL FELICITE lyi~~m,*,"ik,@jl Mailing Address: 3959 89TH RD S BOYNTON BEACH FL 33436 2401 Sales Information Sales Date Book/Page De~2005 19633jl004 Aug-1983 04011/0732 Price 5aJeType Owner $310,000 WARRANTY DEED GENTIL FELICITE $18,000 WARRANTY DEED MINGLEDORFF G C -::xemptions ,..<emption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2006 Number of Units: 1 *Total Square Feet: 2417 Acres: 0.23 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2006 Assessed Value: $266 404 Exemption Amount: $0 Taxable Value: 266 404 2004 $88 605 $25 000 63 605 1,~~~~i,~1 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2006 2005 2004 $4,863 $1,263 $1,241 $297 $276 $224 $5.160 $1.539 $1.465 L, T.,~CY~~J:.J l....~s,' ,} ''}..'{.:;Y-",_E<td'<lc~'!',lJ - ~--_-_- i~~~;i4&i';<ij;j' Tax Collector WebSite NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. ty:t",f- IJ http://www.co.palm-beachJ1.us/papa/aspx/web/detail_info.aspx?p _ entity=00434518000007120&geonav=... 7/26/2007 Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System , ----'-..2.>!I.-.--....-J-----~., ,]JZIL M7ii - oo7l1 71111 MW 0000 7100 OOW 7300 004il MoIHI {HI<W n2~ 71* l1700 oo2;} Page] col Owner Information ~ peN: 0~~~n~~1_~0~~007120 'Rtim'!to'PA"PA: Name: GENTIL FELICITE Location: 3959 89TH RD S Mailing: 3959 89TH RD S BOYNTON BEACH FL 33436 2401 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: I Tax Value Ad Valorem: Non ad valorem: Total: Sales Information Sales Date Dec-2005 Aug-1983 Jan-1979 7l17ii ii700 oolii 004b {HI<W oo2ii oolii 0000 oolii 0041 0071 Legend Palm Beach County Property Map Map Scale I:] 680 C:=J Parcel B omdary ~ Lot nurrber Map produced on 7!26/2007 from PAPA hl1p"www pbcgovcom!papa L 0 c.. __tt ~n (VI tA.fJ http://gisweb.co.palm-beach.fl. us/ipapagis/presentation/mapping/printnew .asp?MAPURL=http ;// gisweb. c,.. 7/26/2007 Structural Detail Page 1 of 1 .. R1m~:,::l~~-q2\," 'Property Appraiur's Pubhc Access SystBm p,'" . fli * W '., 1~;.;rl~~1:~1t~r:~^'\:~;.j'}_~A;' ,":,',-" J.... ~* · ~ ~ir ~ ~ ~rf]: if, i/ 't \",:,~ I; ,,~. "> r ~ -, . . "'} ~:J;;l.;'Jiwwl,Jf..:."Ct m A ~ 1'" :j,;" ~i'fP ~~2i .~~ "d ;~~1::~ :; '"~ ~ " ....lIIIner Name: GENTIL FELICITE PCN Number: 00-43-45-18-00-000-7120 Building Structural Data and Drawing are for the Current Tax Roll. BUILDING! Structural Element for Building 1 1. Exterior Wall 1 2. Year Built 3. Air Condition Desc. 4. Heat Type 5. Heat Fuel 6. Bed Rooms 7. Full Baths 8. Half Baths 9. Exterior Wall 2 10. Roof Structure 11. Roof Cover 12. Interior Wall 1 13. Interior Wall 2 14. Floor Type 1 15. Floor Type 2 16. Stories --:.xtra Feature .. ..:scription Year Built Units GAZEBO- WOOD 2005 1 Patio 1983 200 UTILITY BUILDING 2000 144 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described. Detailed Land Information Land Line # Description 1. SFR BD & BATTEN 1983 HTG & AC FORCED AIR DUCT ELECTRIC o 2 o N/A GABLE/HIP ASPH/COMP. SHG. DRYWALL N/A CARPETING N/A 1 Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. BAS BASE AREA 1491 FOP FINISHED OPEN 48 2. PORCH 3. FGR FINISHED GARAGE 590 FSP FINISHED 4. SCREENED PORCH 288 Total Square Footage: 2417 Total Area Under Air: 1491 ~,,,,"OJRWfnaiM&D., . .1 Zoning AR 1~..1Q.ie~'B1l~1 I,. ;_,",,,,JWait'M,,,,,,"~,,1 Rec:ord Search I Exemption E~File I Infol'mi:ltion I Exemptions I Community I EmplQyment I New Home Buyer I Office Locations Value Adjustment Board I Save Our j'lomes I Senior Corner I Dis(;.laimer Home I Links I C;lossi:lry I FAQ I Forms I Contact Us I PAPA (c) 2007 Palm Beach County Property Appraiser. http://www.co.palm-beach.fl.us/papa/aspx/web/detailjnfo2.aspX?p _ entity=00434518000007120&Owner... 7/26/2007 .5~ 0,. III 0--" . =-- :r 0', (J J- - ~ '\17'0 N '0'" VI.-CONSENT AGENDA ITEM C.7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office ~ August 21,2007 August 6, 2007 (Noon.) 0 0 September 4, 2007 August 20,2007 (Noon) 0 0 September 18, 2007 September 3, 2007 (Noon) 0 0 October 2,2007 September 17,2007 (Noon) 0 Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office October 16, 2007 October I, 2007 (Noon November 7. 2007 October 15,2007 (Noon) November 20, 2007 November 5,2007 (Noon) December 4,2007 November 19,2007 (Noon) o --.l '- c:: I c...> o ,--) .:-:. --i =i-< '<C! C, ""T1 CO ''''0 :~-< --2 -0 (/)--1 ::: 0 Oz .r:- ~CO c...> -m .- (J> - ,." (J RECOMMENDATION: ::r: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Laura K. Zduniak for the property located at 3945 89th Road South, Boynton Beach, FL 33436 Consent Agenda o o o o o New Business NATURE OF AGENDA ITEM o o ~ o o Administrative Announcements/Presenta tions City Manager's Report Legal Code Compliance & Legal Settlements Unfinished Business Public Hearing EXPLANATION: The parcel covered by this agreement includes a singe-family home located in an unincorporated portion of the City's utility service area. Only potable water is available for connection to the property at this time due to recent water main improvements associated with the widening of Lawrence Road. PROGRAM IMPACT: None. The water main already exists, and the property owner will be responsible for extending a plumbing line to the proposed meter. FISCAL IMP ACT: None ALTERNATIVES: None. This parce swithin the City's utility service area. JZ~ City Manager's Signature Assistant to City Manager ~ Department Head's Signature UTILITIES Department Name City Attorney / Finance Xc: Peter Mazzella (w/copy of attachments) City Attorney File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 28 I RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND LAURA K. 9 ZDUNIAK; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 3945 89th Road South, Boynton Beach, Florida; and 14 WHEREAS, the parcel covered by this agreement includes a single-family home 15 located in an unincorporated portion of the City's utility service area; and 16 WHEREAS, a water distribution main already exists and the property owner will be 17 responsible for extending a plumbing line to the proposed meter; and 18 WHEREAS, no additional construction will be required by the City to serve this 19 property. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1, The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission hereby authorizes and directs the City Manager 26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Laura 27 K. Zduniak, which Agreement is attached hereto as Exhibit "A". Section 3, This Resolution shall become effective immediately upon passage. S:\CA\RESO"Agreements\Watcr Scrvlce\Zduniak Water SerVlce AgrecmcnLdoc . , 1 2 3 PASSED AND ADOPTED this _ day of August, 2007. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Mack McCray 20 21 22 Commissioner - Carl McKoy 23 Attest: 24 25 . 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 (Corporate Seal) S:\CA\RESO\Agreements\Water Service\Zduniak Water Service Agreementdoc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT m<:de on this ~ day of 0 \J rvi- ,200:L, by and between LAve A ~, z. Ou n I A K... hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time, NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ~Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all' costs and fees of engineering, material, laboL installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises, The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the 2 event there is a reduction, impairment or termination of water service,due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11, The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this j Z ~ay of ~\J~-L ,2001. - Witness Signature Printed Witness Name Witness Signature Printed Witness Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF ~IOo. iOA- ) ) ss: COUNTY OF fu.IM 'ac.l.) INDIVIDUAL(S) AS O\VNER(S): ~~..} /.(. ~1"'~ Owner Signature L..AUt2A t. ZOtJnlA-K- Printed Owner Name Owner Signature Printed Owner Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared l~avQ..~ ~. Zn v f\ t"p\-k.. to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this [~~ day of ~ \oJ iVL , 2001-. (Notary Seal) My Commission expires: .......,' J'~fl\y.r~~ James D. Ford f1t~: :11{ MY COMMISSlO N I 00268463 EXPIRES ...,. 'Sid! November 18, 2007 ."1j .iff' IONDID lflRu 11lOV FAIN INSURANCf.IlC. " ~~ 0~~E5V. ~ Notary Public 4 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF'BOYNTON BEACH AND (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Kurt Bressner, City Manager ATTEST: City Clerk Approved as to form: City Attorney STATE OF FLORlDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that ~m this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this ,200_ day of (Notary Seal) Notary Public My commission expires: S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc H:\l 990\900 I 82.BB\AGMT\Water Service Agreement - Rev 1-6-06.doc 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody and Ezrol. PA 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF J1>r\M. ~~t:-~ . I/We, lJ\\Jt2.~~. L-rJaJt'\,~ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCNNo.: oo.;~ 4S- IS DO tJOD 7//0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the I z... ~ day of ~ " t\, L , 20 EL1 and the powers and authority shall be irrevocable by Grantee. IN WI1NESS WHEREOF, we have hereunto set our hands and seals the /2, ~ay of ~ U V\ '1- , in the year 20rL/ Sealed and delivere ~4#N' k. ;t~ Owner Signature . r. LAVeA ~. ZOvntAJe- Print Name Wj,tness gna~e a 1.. __ L- 1 ". AJ~J lJeIlY Print N am~ ' C4t~~~L/ it ess Signat ~~#pp~ ~~1J Print Name Witness Signature Owner Signature Print Name Print Name Witness Print Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this J Z- ~day of 0\Jr\i.., 20Irl, by ~Prurz,. ~. Z.OVt1I~\L and who are known to ~e or who have produced , as identificati:S;;:d:~;;~ . NOTARY PUBLIC My Commission Expires: Type or Print Name ~~ James D. Ford f.: ~,,\ MY COMMISSION I 00268463 EXPIRES ~ n November 18, 2007 Commission No. .~... '. BONDED THRU TROY FAlN IHSUWlCUC. S:\CA\AGMTS\ Water Service\power of atty.doc - 1-6-06 H:\l 990\900 I 82.BB\AGMTlPower of Attomey-Ind 1-6-06.doc Palm Beach County Property Appraiser Property Search Sys':em Page 1 of 1 ,. '" '3~::."lt~IIT~::!:~,~~.~errY:~R:P{~iSJil~ Public Acc@ssSystem .f; ,It, '~'-' .,x fA"'1 7\'I"'C-"" 'd~ ,";:' '1" : ", ' ,'t, l) " ,~, l)0, i; t hi 1 It;)' ,..".' ~. 'f, r i r.; r: r- I', , c /'.iif . \ ~,)fi;,J' it k. ~ > "L , , ; 1&1i ~i1f,,;'F3'i;:' ,~:, , " " : "~.~~1ill&.i",,"~" ","~I""'M ""'" """ ,.~~ } Property Information Location Address: 3945 89TH RD S I; ,M;;" 'lYJeNl!"""IA,~ """'\,1 Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-18-00-000-7110 Subdivision: Official Records Book: 04009 Page: 0241 Sale Date: Mar-1983 Legal Description: 18-45-43, N 110 FT OF S 220 FT OF E 90 FT OF W 339 FT OF SW 1/4 OF SW 1/4 Owner Information Name: ZDUNIAK LAURA K I, ,~na~ ,1 ,i"~'''''-~-'''' .'" -b~1"W~j,t Mailing Address: 3945 89TH RD S BOYNTON BEACH FL 33436 2401 Sales Information Sales Date Book/ Page Mar-1983 04009/0241 Feb-1977 02637/1034 Price SClleType Owner $60,000 WARRANTY DEED ZDUNIAK LAURA K $6,900 WARRANTY DEED o::xemptions Regular Homestead: $25,000 Total: $25,000 Year of Exemption: 2006 ssesse an axa e a ues Tax Year: 2006 2005 2004 Assessed Value: $113,662 5110 351 $107,137 ~-8II,,~11 ) Exemption Amount: $25 000 525 000 $25,000 ..-".- "'''''''-'~'H~~ilii' Taxable Value: $88 662 $85,351 $82,137 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 A d dT Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2006 Number of Units: 1 *Total Square Feet: 2047 Acres: 0.23 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I 2006 1618 $297 $1915 lh""':r.sx Co~~tor"' J ["."" ,BI.tt!I!''''h',J ,.-_.'~ ^.... .....~. ." ,"" .. '.w_ <-..... ... --"-~{j]iJ~} TE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. 4~"l f A http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451800000711 O&geonav=." 7/26/2007 Page I of 1 Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System , 7'Z4G n;w 717{} 17161 ! lJ.6OO - \HI7i! 00000 -0000 001& 0070 002ll 71&1 oo::w ;}(I20 -0000 7100 {)II!40 00S<l 7300 OO<W OO,>;} oow 7S2{1o 734ll 0071 0700 002i! 7\l7(} 7 00lI 07::>il 001l! Owner Information peN: 00434518000007110 'I\~R'I,ta~lWfA Name: ZDUNIAK LAURA K location: 3945 89TH RD 5 Mailing: 3945 89TH RD 5 BOYNTON BEACH FL 33436 2401 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: Non ad valorem: Total: Sales Information Sales Date Mar-1983 Jan-1980 Feb-1977 - ~-T-"-----r"-"-~-;---~-r----Tm_-'---r-'-"-"---"'--i I I ! I I I i OO,>;} !ooa!lloo3<l1OO2illoolil \ 0000 I I' I f I I ! I I ' I ! I i __.J,.__.,_...__L.___---"._.-~_~___.i.,,_.._L____ I Price $60,00 $11,50 6 900 001& 0041 n-D-71 0111 -'-r. --T-~--"----''--. .- '. !00S<l ~. loow ~ I OOHI!::=l ! I r~ul ~i -ll431 ll4{!1 (}:;;{il lK>S 1 Legend C=:J Parcel Bomdary ~ Lot nUnDef" Palm Beach County Property Map Map Scale 1:235 J Map produced on 7'26/2007 from PAPA httpl:www.pbcgov com/papa L OWe.. if"#>. A6yJ http:// gisweb .co. palm-beach. f1, us/ipapagis/presentationlmapping/printnew,asp?MAPURL=http:1 1 gisweb,c.., 7/26/2007 Struct.ural Detail Page 1 at ] i d~ . I'~:~;:-~~;""~ ' :Propedy Appraiser'!; Public Access S'(sIBm "~~h~ ;~~ ~ ~fi> I ,'tf ~ 7";~ *:":: ~~ '~;:. ~~ '" _ ,~ ~ . ~ ~ , 4, ! " ~. ii'" ," I r,' . , I' 1;,(: ",~~/ji_it;" '1 'i #: " "_ ,~I :) ~~ 'oY~ ~ - - t. t ~~'D~w.j,W,:."': . "" ;.;,0,;/$, ~1' '4 Horne W ,,\#1 ~:}r.$!:,;.::~"" w """ Nner Name: ZDUNIAK LAURA K PCN Number: 00-43-45-18-00-000-7110 Building Structural Data and Drawing are for the Current Tax Roll. BUILDING 1 Structural Element for Building 1 -::xtra Feature .scription No Extra Feature Available Detailed Land Information Land Line # Description Acres 1. SFR 0 1. Exterior Wall 1 2. Year Built 3. Air Condition Desc. 4. Heat Type 5. Heat Fuel 6. Bed Rooms 7. Full Baths 8. Half Baths 9. Exterior Wall 2 10. Roof Structure 11. Roof Cover 12. Interior Wall 1 13. Interior Wall 2 14. Floor Type 1 15. Floor Type 2 16. Stories ABOVE A V 1984 HTG & AC FORCED AIR DUCT ELECTRIC 3 2 o N/A GABLE/HIP ASPH/COMP. SHG. DRYWALL N/A CERAM/QARY TILE N/A .2 Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. BAS BASE AREA 1512 FSP FINISHED 2. SCREENED PORCH 64 3. FST FINISHED STORAGE 72 FUS FINISHED UPPER 399 4. STORY Total Square Footage: 2047 Total Area Under Air: 1911 li\>li;&i~"'41k0::11 Year Built Units laea.im;....Il'ki!i\ Idi~2ii~-1~1.'\fii~1 1~0il"'#A~.it;\~'Iii&..iiii*il Record S~arch I Exemption E~Filc I Information I Excmption;; I commJJillty I Employment I Ncw Hom" BUYer I Qfflqi kocations Va.lue AO]tJstmentBQard I SavcQwrHomc;; I Senior Corner I Disclaimer Hom.e I kinks I Glossary I FAQ I Forms I COntact Us I PAPA @ 2007 Palm Beach County Property Appraiser, http://www.co.palm-beach.f1.us/papalaspx/web/detail_inf02.aspx?p _ entity=004345180000071l O&Owner... 7/26/2007 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.8. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office ~ August 21, 2007 August 6, 2007 (Noon.) 0 0 September 4, 2007 August 20,2007 (Noon) 0 0 September 18, 2007 September 3,2007 (Noon) 0 0 October 2, 2007 September 17,2007 (Noon) 0 Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October 16, 2007 October 1, 2007 (Noon November 7, 2007 December 4, 2007 October 15,2007 (Noon) Q -.J November 5, 2007 (NOOlJb. c:: Ci') November 19, 2007 (Noll1) N NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative ~ Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business o Legal o Unfinished Business o ." ::l:: (J n=1 ::;-< -<0 0-" .co . '1 Cl ::::2-< ,...~z (./)-i Cl \:::J;z: -" ..,.,tD - ", e->:> "'e-> :::: November 20, 2007 en o RECOMMENDATION: Approve Agreement for Mitigation of Roadway Improvements between the City of Boynton Beach, Florida and Boynton Industrial, LLC., EXPLANATION: The City Commission approved a site plan for an approximately 133,911 sq ft of warehouse/light industrial "flex-space" project on property zoned M-l Light Industrial located at 514-518 West Ocean Avenue along 1-95, Access to the approved project will be along existing streets which run through the residential neighborhoods to the west of the project. Those .roads represent the only currently existing access points to the property. One of the conditions of approval required the Developer to fund off-site roadway improvements. The cost of those improvements is $115,000.00. The Developer tendered the $115,000.00 on June 15,2007. The City has not deposited the check. Based on concerns of residents of the residential neighborhood, the City Commission is exploring alternative, but currently non-existing, access to the project. The Commission has recently indicated it will allocate funds in next years CIP budget for a portion of the cost of alternative access to the property. Total costs could well exceed the amount the Commission indicated it is allocating, This Agreement acknowledges the Developer's right to proceed with development of the proposed project without regard to the City's use of the $115,000.00 for either necessary improvements to existing roads or construction of alternate access. It also describes the City's obligations with respect to the construction of an alternate access route, PROGRAM IMPACT: Whatever the ultimate costs associated with roadway improvements in the vicinity of the project, the $115,000,00 represents an offset~hose costs. Q (.,S-ri' ~ FISCAL IMPACT: $~ has been allocated in the proposed Capital Improvement Plan for Fiscal Year 2007/08 to study, design and construct alternate access to the project. ALTERNATIVES: Do not approve the agreement and instead deposit the Developer's $115,000,00 check to fund roadway improvements to offset the impact of the Ocean 95 project on access roads to the project S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC -~ <: -=--- ,. ..... .: ,_,,7)./ 0 Department Head's SIgnature CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FJRM .~ ~, ~ City Manager's Signature /1 ( Assistant to City Manager__ ~ . \ / ;:-/ 7 ,TL'" ! I _ I .~ . Dep!rtment Name { /(,' /~" /: ,/ / City Attorney Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR AND CITY CLERK TO EXECUTE AN 6 AGREEMENT FOR MITIGATION OF ROADWAY 7 IMPROVEMENTS BETWEEN THE CITY OF BOYNTON 8 BEACH AND BOYNTON INDUSTRIAL LLC., TO 9 ACKNOWLEDGE THE PARTIES' RIGHTS AND 10 OBLIGATIONS WITH RESPECT TO CONSTRUCTION 11 OF THE NORTHERN ACCESS ROUTE AND THE 12 PROPOSED PROJECT; AND PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15 WHEREAS, on October 17, 2006, the City Commission approved the proposed 16 project with a designated truck access to the project along West Ocean Drive; and 17 II WHEREAS, the City Commission reconsidered their approval and on January 2, 18 12007, fe-approved the proposed proj eel and reinstated Developer's Development Order 19 II without change to the Designated Truck Route; and 20 WHEREAS, the Agreement will acknowledge Developer's right to proceed with 21 Ideve10pment of the proposed project without regard to the City's plans to construct the 22 necessary roadway improvements to the Designated Truck Route or the Northern Access 23 Route and sets forth the City's obligations with respect to the construction of the Northern 24 Access Route; and 25 WHEREAS, the City Commission upon recommendation of staff, deems it 26 appropriate to approve and authorize the Mayor and City Clerk to enter into the Agreement for 27 Mitigation of Roadway Improvements between the City of Boynton Beach and Boynton 28 Industrial LLC. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA \RESO\Agreements\Ocean 95 Mitigation of Roadway.doc 5 6 7 8 9 10 11 12 13 14 15 II 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor and City Clerk to enter into the Agreement for Mitigation of Roadway Improvements between the City of Boynton Beach and Boynton Industrial LLC, a copy of which is attached hereto and made a part hereof as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of August, 2007, CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet Prainito, City Clerk (Corporate Seal) S:\CA\RESOAgreements\Ocean 95 Mitigation of Roadway.doc AGREEMENT FOR MITIGATION OF ROADWAY IMPROVEMENTS THIS AGREEMENT for Mitigation of Roadway Improvements ("Agreement") is made as of this day of , 2007, by and between THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation (the "City"), and BOYNTON INDUSTRIAL LLC, a Florida limited liability company (the "Developer"). WHEREAS, the Developer submitted an application to the City for approval of plans to construct approximately 133,911 square feet of warehouse/light industrial "flex- space" on certain property within the City's M-l Light Industrial zoning district (the "Proposed Project"). The property is located south of the east end of West Ocean Avenue and situated between the C.S.X. Railroad tracks and right-of-way for Interstate 95 (the "Project Site"). The address of the Project Site is 514-518 West Ocean Avenue, Boynton Beach, Florida. WHEREAS, the City has determined that the Proposed Project is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, at a duly called public hearing on October 17, 2006, the City Commission approved the Proposed Project with a designated truck access to the Project Site along West Ocean Drive, as shown on Exhibit A (the "Designated Truck Route"), and granted a Development Order in favor of the Developer; WHEREAS, the City Commission subsequently voted to reconsider approval of the Proposed Project and to explore options for alternative truck routes; WHEREAS, at a duly called public meeting on January 2, 2007, the City Commission re-approved the Proposed Project and reinstated the Developer's Development Order without change to the Designated Truck Route; WHEREAS, as a condition of approval, the Developer has agreed to pay funds to the City for certain off-site roadway improvements to the Designated Truck Route; WHEREAS, subsequent to the approval of the site plan, and in response to concerns of residential property owners to the west of the project, the City Commission agreed to explore alternate access routes to the property. The City Commission approved an expenditure of $750,000.00 in its capital improvement program for 2007-2008 capital improvement project budget to study, design and construct alternate access to the property; WHEREAS, the City has agreed that it shall be responsible for all costs and other obligations associated with the construction alternate access, including the acquisition of all necessary rights-of-way, except as provided in this Agreement, and that the Developer's plans to proceed with construction of the Proposed Project shall not be dependent upon the City's ability to implement alternate access; WHEREAS, the Developer has agreed that the alternate access shall serve as the replacement designated truck route for the Proposed Project if and when the City constructs new roadway(s), but until such time as the Alternate access is completed, the Designated Truck Route shall continue to be utilized as such; WHEREAS, the City has agreed to enter this Agreement with the Developer and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1: PURPOSE OF AGREEMENT AND COOPERATION OF PARTIES. 1.01. Purpose of Agreement. The purpose of this Agreement is to acknowledge the Developer's right to proceed with development of the Proposed Project without regard to the City's plans to construct the necessary roadway improvements to the Designated Truck Route or alternate access roadways. The Agreement also sets forth the City's obligations with respect to the construction of alternate access and provides that the Developer shall not be required to pay funds or otherwise participate in the construction of alternate access except as explicitly provided herein. 1.02. Cooperation of the Parties. The City and the Developer recognize that the successful development of the Proposed Project and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby. ARTICLE 2: CITY'S OBLIGATIONS 2.01. Timely Completion of Roadway Improvements. The City recognizes the importance of the timely completion of the Proposed Project, and time is deemed to be of the essence. The City considers this Agreement as overall authority for the Developer to proceed to obtain all required permits and certificates of occupancy, and agrees to cooperate with an expeditious permitting and inspection program for the Proposed Project. The City agrees to use its best efforts to complete either the necessary roadway improvements to the Designated Truck Route or alternate access on or before the date of issuance of the final certificate of occupancy for the Proposed Project but, the Developer's right to obtain a certificate of occupancy for the Proposed Project shall not be conditioned in any manner upon the City's completion of either the improvements to the Designated Truck Route or alternate access. 2.02. Acquisition of Rights-of-Way for Alternate access. The City shall be solely responsible for purchasing the required property and obtaining all rights-of-way for the alternate access. 2.03. Construction of Alternate access. The City shall be solely responsible for paying all costs associated with the design and construction of the alternate access. 2.04. Design Coordination. The City agrees to reasonably cooperate and coordinate the design of the alternate access adjacent to the Project Site, such that the design of the Alternate access integrates in a reasonable manner with the design of the Proposed Project. 2.05. Construction Sequencing. The City shall construct right of way improvements to the Designated Truck Route, or the Alternate access, as applicable, in a manner and fashion which will not unreasonably restrict access to the Project Site on or after the date the Developer commences construction of the Proposed Project. 2.06. Permits. The City will cooperate and coordinate with the Developer with regard to all permit applications for the Proposed Project, including those to state agencies, and will facilitate or expedite, to the greatest extent possible, the permit approval process for the Proposed Project without regard to the design or construction of the improvements to the Designated Truck Route or the Alternate access. 2.07. Use of Alternate access. In the event the City builds the Alternate access, the City shall mark the Alternate access with appropriate signage as being the newly designated truck route to the Project Site, but the Developer shall not be required to enforce such use by vehicles accessing the Project Site. 2.08. City Covenants. The City shall not permit, commit, or suffer any waste or impairment to the Project Site, nor shall the City request or recommend any rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the development of the Proposed Project. The City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. 2.09. City Authority Preserved. The City's duties, obligations, or responsibilities under any section of this Agreement shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established procedures and in accordance with applicable provisions of law. ARTICLE 3: DEVELOPER'S OBLIGATIONS 3.01. Development of the Proposed Project. If the Developer elects to proceed with developing the Proposed Project, the Proposed Project shall be built in accordance with the plans and specifications approved by City Commission for the "Ocean 95 Exchange Park," dated _ by (City File Number NWSP 06-020), as such plans and specifications may be modified during the permitting process. 3.02. Developer's Share of Roadway Improvements. If the developer elects to proceed with development of the Proposed Project, the Developer shall be responsible for paying $115,000 to the City for off-site roadway improvements ("Developer's Share"). If the developer elects to proceed with development of the Proposed Project, payment of the Developer's Share shall be made to the City upon the City's commencement of construction of the improvements to the Designated Truck Route, the City's commencement of construction of the Alternate access, or at the time of the City's issuance of a certification of occupancy to the Developer, whichever occurs first. 3.03 Supercedes Development Order. The Developer's obligations set forth in Section 3.02 of this Agreement shall supercede and replace Item # 2, "Public Works ~ Traffic," on Exhibit "C," "Conditions of Approval," attached to the City's Development Order for the Proposed Project. ARTICLE 4: DEFAULT; VENUE 4.01. Default. In the event the City or the Developer fails to perform or comply with any material provision of this Agreement applicable to it, then the non-defaulting party shall be entitled to initiate an action at law or equity seeking all remedies to which it is lawfully entitled. The non-defaulting party's suspension of, or delay in, the performance of its obligations while the other party is in default of its obligations hereunder shall not be deemed to be an event of default. 4.02. Non Action on Failure to Observe Provisions of this Agreement. The failure of the City or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 4.03. Venue; Submission to Jurisdiction. (a) For purposes of any suit action, or other proceeding arising out of or relating to this Agreement, the parties hereto acknowledge, consent to, and agree that venue thereof is Palm Beach County, Florida. (b) Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Palm Beach County and any federal courts having jurisdiction, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. (c) If at any time during the term of this Agreement the Developer (or any of its permitted successors and assigns) is not a resident of Florida and, to the extent required by law, does not register with the State of Florida the identity and location within the State of its registered agent for purposes of service of process and, otherwise has no officer, employee or other agent available for service of process within the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City arising out of or relating to this Agreement, and such service shall be made as provided by the laws of the State of Florida for service upon a non-resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in Section 5.04. 4.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by both equally. ARTICLE 5: MISCELLANEOUS 5.01. Assignments by Developer. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Proposed Project or the Project Site, or any part thereof, provided that, to the extent the purchaser or assignee wishes to exercise the rights of the Developer under this Agreement, such purchaser or assignee must assume the Developer's obligations under and must agree to be bound by the terms of this Agreement. If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable forn1. 5.02. Assignments by the City. The City shall have no right to assign its rights under this Agreement to any person except upon the prior written consent of the Developer. 5.03. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. 5.04. Notices. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: Edward Masi Boynton Industrial LLC 565 East Hillsboro Boulevard Deerfield Beach, Florida 33441 with copies to: Charles L. Siemon, Esquire Siemon & Larsen, P.A. Mizner Park 433 Plaza Real Suite 339 Boca Raton, Florida 33432 To the City: City of Boynton Beach, Florida P.O. Box 310 Boynton Beach, Florida 33425-0310 Attn: City Manager with copies to: James Cherof, Esquire City Attorney Goren CherofDoody & Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308-4311 Notices given by courier service or by hand delivery shall be deemed received upon delivery, and notices given by mail shall be deemed received on the third (3rd) business day after mailing. Refusal or failure by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 5.05. Complete Agreement. This Agreement, and all the terms and provisions contained herein, including, without limitation, the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. Any provision of this Agreement shall be read and applied in pari materia with all other provisions hereof. 5.06. Amendment. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 5.07. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 5.08. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 5.09. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authority. 5.10. Effective Date. The Effective Date shall be the date as of which the last party to this Agreement affixes that party's signature to this Agreement, which shall also serve as the effective date for the City's Development Order for the Proposed Project. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals below. [signature pages to follow] CITY OF BOYNTON BEACH, FLORIDA Attest: By: Janet M. Prainito, CMC City Clerk By: Jerry Taylor, Mayor Approved as to form: By: James Cherof City Attorney State of Florida ) County of Palm Beach ) The foregoing instrument was acknowledged before me this day of , 2007, by Jerry Taylor and Janet Prainito, Mayor and City Clerk, respectively, for the City of Boynton Beach, Florida, on behalf of the City. Signature of Notary Public My Commission Expires: Printed, typed or stamp BOYNTON INDUSTRIAL LLC Attest: By: By Edward Masi as Managing Member Genesis Boynton Industrial LLC Print Name as Managing Member Boynton Industrial LLC State of Florida County of Palm Beach ) ) The foregoing instrument was acknowledged before me this day of , 2007, by Edward Masi as Managing Member of Genesis Boynton Industrial LLC, a Florida limited liability company, as Managing Member of Boynton Industries LLC, a Florida limited liability company, who is personally known to me or who produced as identification. Signature of Notary Public My Commission Expires: Printed, typed or stamp S:\CA\AGMTS\Ocean 95 revised Agreement-dean.doc VI.-CONSENT AGENDA ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office [ZJ August 21, 2007 August 6,2007 (Noon.) 0 0 September 4, 2007 August 20, 2007 (Noon) 0 0 September 18, 2007 September 3, 2007 (Noon) 0 0 October 2, 2007 September 17,2007 (Noon) D NA TURE OF AGENDA ITEM D D [ZJ o D Announcements/Presentati ons Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing D D D D D \..",,- Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office October 16,2007 October 1,2007 (Noon November 7, 2007 October 15, 2007 (Noon) November 20, 2007 November 5, 2007 (Noon) December 4, 2007 November 19,2007 \NQon) r...~ City Manager's Report_ New Business Legal Unfinished Business RECOMMENDATION: Motion to approve the release ofa Performance Bond (# 1018459) for a Temporary Certificate of Occupancy posted with Lexon Insurance Company in the amount of $2,538,100.00 for the project known as Monteverde at Renaissance Commons. EXPLANA TION: A Performance Bond in the amount of $2,538, I 00.00 was posted by Hovstone Properties Florida, L.L.c. with Lexon Insurance Company for the completion of the permitted work for the project known as Monteverde at Renaissance Commons on November 8, 2006. All work on this project was completed and the Certificate of Occupancy was issued on June 27, 2007. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Development Department Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Assistant to City Manager ~ City Attorney I Finance CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 C E R T I F I CAT E o F OCCUPANCY Issue Date 6/27/07 Parcel Number Property Address 08-43-45-17-17-001-1605 1605 RENAISSANCE COMMONS BLVD BOYNTON BEACH FL 33426 Subdivision Name Legal Description Property Zoning MONTEVERDE CONDOMINIUM BLDG 1 SURBURBAN MIXED USE Owner . HOVSTONE PROPERTIES FLA LLC 1275 NW 22ND AVE BOYNTON BEACH FL 33426 Contractor TOWN & COUNTRY BUILDERS INC Application Number. Description of Work Construction Type . 05-00001745 000 000 MULTI-UNIT CONDOMINIUM TYPE IV/UNPROTECTED SPECIAL CONDITIONS BUILDING #1 1605 BUILDING #2 1625 PARKING GARAGE & RENAISSANCE COMMONS BLVD RENAISSANCE COMMONS BLVD CLUBHOUSE IJ/~~ rding Official Approved VOID UNLESS SIGNED BY BUILDING OFFICIAL The described portion of the structure has been inspected for compliance with the requirements of the code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. EXHIBIT" A" Page 1 of 1 Scire, Ruth From: Hamerman, Sally [SHamerman@KHOV.COM] Sent: Friday, July 13, 20073:37 PM To: Scire, Ruth Subject: Monteverde bond #1018459, dated 11/8/06 in the amount of $2,538,100.00 Ruth, Thank you so much for calling me back. The above mentioned bond was purchased as security for the City of Boynton Beach for a Temporary Certificate of Occupancy (TCO) for Monteverde. Now that a permanent CO is in place, we would need the bond returned to us so we can have our bond company cancel same. I look forward to hearing from you. Thanks. Sally !/-, ;. ~ -"'J '\,_,_ . /-1'-!' ii I.:, J ',I JI Sally Hamerman Executive Asst. to Stephen B. Liller 561-364-3293 Phone 561-364-7861 Fax sh~ml;!rm~Jl@khQY.<:;9m EXHIBIT "B" 7 /13/2007 EXHIBIT "N-3" (LDR, Chap. 7, Art. I, Sec. 3.B.) (LDK Chap. 7.5, Art. II, Sec. 7.) Bond No. 1018459 PERFORMANCE BOND For a Temporary Certificate of Occupancy - Phase 1 KNOW ALL MEN BY THESE PRESENTS: That [we], Hovstone Properties Florida. L.L.C., hereinafter call PRINCIPAL. and Lexon Insurance Company, a surety company authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and firmly bound unto the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full and just sum of Two Million Five Hundred Thirty Eight Thousand One Hundred and 001100 U. S. Dollars ($2.538.100.00 ), lawful money of the United States of America, to be paid to the City of Boynton Beach, to which payment will and truly be made, we bind ourselves, our heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents: [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the recording of a certain subdivision plat known as Monteverde at Renaissance Commons, and such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGULA TIONS, pertaining to said subdivision;] or [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the construction of a certain project known as Monteverde at Renaissance Commons, and such project shall construct and install the required public improvements to support the Project pursuant to the terms of the Permit,] and WHEREAS, PRINCIPAL has been issued that certain [ Permit] Number 051745 , hereinafter the PERMIT, for construction of said Required Improvements. a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obligation are such that if the above bound PRINCIP AL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified, and shall in every respect fulfill [its] [his] [her] [their] obligation thereunder and under the plans therein referred to, then this obligation to be void: otherwise, it shall remain in full force and effect. EXHIBIT "C" Page I of 4 pages Bond No. 1018459 The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS. The SURETY UNCONDITIONALL Y COVENANTS AND AGREES that if the PRINCIP AL fails to perform all or any part of the construction work required by said PERMIT and REGULATIONS within the time specified, the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or officer, of the default, to the PRINCIPAL or its authorized agent or officer, will forthwith perform and complete the aforesaid construction work and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential. Should the SURETY fail or refuse to perform and complete the said improvements, CITY, in view of the public interest, health, safety and welfare factors involved and the inducement in approving and filing the said plat, shall have the right to resort to any and all legal remedies against the PRINCIPAL and/or SURETY, or both at law and in equity including specifically the specific performance, to which the PRINCIPAL and SURETY unconditionally agree. The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL should fail or refuse to do so in accordance with the terms of said PERMIT. In the event CITY should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally liable hereunder to reimburse the CITY the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which may be sustained on account of the failure of the :PRINCIPAL to carry out and execute all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 8th day of November, 2006. (CORPORATE SEAL) Hovstone Properties Florida, L.L.C. [a Delawcorporation, licensed to do business in Florida] BY: ATT~; . \ ~WtJ Stephen B. Liller. Vice President (Impressionable corporate seal) Page 2 of 4 pages EXHIBIT "C" Bond No. 1018459 ADDRESS: 1275 Gatewav Blvd. Boynton Beach, FL 33426 STATE OF FLORIDA ) COUNTY OF PALM BEACH) BEFORE ME personally appeared Timothy R. Kelly who is personally known to me, or has produced as identification, and who executed the foregoing instrument as President of Hovstone Properties Florida. L.L.C., a corporation, and severally acknowledged to and before me that [he][ she] executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the free act and deed of said corporation. WITNESS my hand and official seal this 8th day of November, 2006. My commission expires: ~ Jl..~; ~.~ ~U- ----..... Notary Public -OR- (Seal) NOtARY P\V~l!.il'.5TATE OF rWC;::A .: ~uzanne M. Serpico t;:tlmmission #DD381308 .- : . -. lbiplres: DEC. 21, 2008 ~Pll_ -a T~ ,ltf:letie Bonding Co., Inc. (INDIVIDUAL PRINCIPAL) WITNESS: BY: ADDRESS: (SURETY SIGNATURE BLOCK) 1', Lexon Insurance Company , SURETY BY 041"'<;,( ~ . Dawn L. Morgan, Its ttomey-m-fact FL Lic. No. POl1322 (power of attorney must be attached) WITNESS: Tracy Pisciotto Page 3 of 4 pages EXHIBIT "C" Bond No. 1018459 ADDRESS: 1919 S. Highland Ave.. Bldg. A Ste. 300 Lombard. IL 60148-4979 STATE OF ILLINOIS ) COUNTY OF DU PAGE) BEFORE ME personally appeared Dawn L. Morgan who is personally known to me or has produced power of attorney, as identification, and who executed the foregoing instrument, and acknowledged before me that she executed said instrument for the purpose expressed therein. WITNESS my hand and official seal this 8th,.~'1 OfNove,m~ My commission expires: 11/2912008 /i 1P;L.-JU-C (i:~"'l..<../ , otary Pu~ (Seal) "OFFICIAL SEAL" BONNIE J. KRUSE Notary Public, State of illinois My Commission Expires 11/29/08 ~........ Page 4 of 4 pages EXHIBIT "C" I I i i I I I i KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office In I Louisville, Kentucky, does hereby constitute and appoint: POWER OF ATTORNEY LX - 0 0 7 5" i Lexon Insurance Company Michael J. Scheer. James 1. Moore, Christine Woods, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Kotovsky its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for. and on its behalf as surety. any and all bonds. undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July. 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $ 2,700,000.00, Two million seven hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed. may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President. and its Corporate Seal to be affixed this 2nd day of July, 2003. LEXON INSURANCE COMPANY BY G/~~__ David E. Campbell President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument: that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. I-.----------~~ .. "OFFICiAl SEAL" LYDIA J. DEJONG NOTARY PUBUC STATE OF IWNOIS L~Y COMMI~ION EXPIRES-Y1212OO7 u{.L J b-y~ CERTIFICATE Lydia J. Dejong Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 8th Day of November ,20 06 ~fJ ~_u__ Donald D. Buchanan Secretary EXHIBIT "C" November 6, 2006 . .r.;.'..;. Q.IINCY JOHNSON JONES MYOTT WILLIAMS ARC HIT E C T S .:"\"il'~ lit: Timothy Large - Building Official Building Department City of Boynton Beach 1 00 E. Boynton Beach Boulevard Boynton Beach, FL 33425 ROBERT E. VAUGHN, JR., COO RODOLFO C ACEVEDO, AlA JAMES R. WilLIAMS. AlA STEVEN E. MYOTT. ARCHITECT RICHARD C. 10NES. AlA. NCARB QlJ1NCY R. JOHNSON Ill. AlA. MIRM Re: Monteverde Phase I Permit No: 051745 AAC002! 93/1B0001142 www.quincyjohnson.com Dear Tim, We have inspected the above-captioned building and find it is ready for a Temporary Certificate of Occupancy (TCO) with the following uncompleted items: 1 st floor cabinets installed, tile complete, millwork complete M.E.P.trim in progress, stucco 65% complete, paint 25%, roof tile complete, roof stucco stop complete. Floor 90% complete, remainder of completion cost = $206,014.00 2nd floor cabinets installed millwork complete tile in progress painted stucco 65% complete, paint 25%, roof tile complete and roof stucco stop complete. Floor 88% complete, remainder of completion cost = $247,217.00 3rd floor millwork sound proofing and paint stucco 65% complete, paint 25% roof tile complete, roof stucco stop complete. Floor 85% complete, remainder of completion cost = $309,022.00 4th floor drywall sprayed, stucco 65% complete, paint 25%, rooftile complete, roof stucco stop complete. Floor 80% complete, remainder of completion cost = $412,029.00 5th floor drywall in progress, stucco 65% complete, paint 25%, roof tile complete, roof stucco stop complete. Floor 75% complete, remainder of completion cost = $515,036.00 6th floor frame inspection, stucco 65% complete, paint 25%, roof tile complete and roof stucco stop complete. Floor 70% complete, remainder of completion cost = $618,044.00 TOTAL $2.307.362.00 110% of above number values for completion = $2,538,100.00 949 Clint M( 5560 Bee Ridge EXHIBIT "D" FAX 561 997 1610 I . FAX 941 377 5884 ARCHITECTURE LAND PLANNING INTFRJ0R nF~I(,N Monteverde Phase I Page 2 Thank you for your consideration in this matter. Sincerely, Quincy Johnson, Jones, Myott, Williams, Acevedo, Vaughn Architects, Inc. ./~. \.. :'" (U~. U /t-,-! , ,If ., /' r, V _______~ I James R. Williams, AIA Principal JW fcw Q1JINCY JOHNSON. JONES, MYOTT WILlIAMS ACEVEDO VAUGHN .I\RCHITFCTS. INC 949 Clint Moore Road. Boca Raton, Florida 33487 . PHoNE 56] 9979997 . FI,X 56] 997 161D 5560 Bee Ridge Road, Suite DS . Sarasota, Florida 34233 . I'HO"JE 941 377 5R81 . ,c,,), 941 377 5R84 AAC002193/1BO()()1142 ' www.quincyjohnson.com ARCI-!17FCIURE I /1 r--; n I' LAN N ! N c-. , N ' [R \ 0 [\ [) [- ~ 1 c; N ALP Search: Choose search form Links: Go to ... Document Prev Chapter Next Chapter ~Qn~n1s Sync TOC Framed Version I Search j http://www.amlegal.com/n Page 1 of 4 Bovnton Beach. FL Code of Ordinances PART III LAND DEVELOPMENT REGULATIONS * CHAPTER 7 SURETY ARTICL.E. I. IN.GENE.EAL ARTICLE I. IN GENERAL Sec. 1. Purpose. This policy delineates specific criteria and prerequisites for accepting surety by the city in conjunction with developer agreements, contracts, development related improvements and any other contractual obligations. (Ord. No. 04-040, ~ 2, 6-15-04 Sec. 2. Applicability. A. When required. Wherever surety is required within the Boynton Beach Code of Ordinances and/or Land Development Regulations it shall be provided in the form and manner prescribed in Section 3 hereinafter. The type of surety shall be determined by the administrator of the code section involved, and shall be acceptable to the Boynton Beach City Attorney. Required improvements shall include all those items stipulated in Chapter 6, Article III ofthe LDR including restoration of the lands disturbed by said improvements. Surety for required utility system improvements shall be coordinated directly with the Utilities Department, whether they will remain private or conveyed to the city upon completion of their construction. It shall also include any off- site areas disturbed to install any improvements required by the project. Surety shall be required for improvements associated with all planned developments, to wit, PCDs, PIDs, PUDs, etc. B. Amount. The amount of surety shall be equal to or greater than 110% of the total obligation whether it be for restoration, abatement, maintenance, guarantee, fees in lieu of land dedication, required improvements or any other purpose. C. Periodic reduction of surety. From time to time during progress of the work the developer may request a reduction in the dollar amount of the surety on the basis of work completed, but in every case the remaining funds shall be sufficient to cover 110% of the cost to complete the obligation. In the EXHIBIT "E" lentregulatio... 7/16/2007 ALP http://www.amlegal.comlnx Page 3 of 4 h. The name and street address of a designated agent within the State of Florida for acceptance of process. 2. At the time of issuance of the letter of credit, and at all times subsequent thereto and so long as the letter of credit is enforceable, the issuing financial institution must have a minimum "peer group" rating of fifty (50) in the latest Sheshunoff Quarterly Listing or a minimum rating of one hundred twenty-five (125) in the latest IDC Bank Financial Quarterly Listing. The city Finance Department shall periodically verify this information. 3. At any time during the life of the letter of credit, should the rating of the issuing financial institution fall below both of the minimum ratings indicated in Section 2 above, or should the financial institution merge with another financial institution or have a conservator or receiver appointed to supervise or control the operation of its business or become insolvent, the contractor/developer must, within sixty (60) calendar days after notification by the city: a. Replace the existing letter of credit with a replacement letter of credit from a financial institution with either of the minimum ratings as specified in Item 2 above; or b. At the city's option, the letter of credit may be replaced by other surety acceptable to the city in accordance with the city's existing surety policies. 4. Failure to comply with this provision may result in any or all of the following actions by the city:suspension ofthe contractor/developer's right to pull building permits and schedule inspections; issuance of a stop work order; and/or revocation of the land development permit. These actions shall be in effect until a satisfactory replacement surety is accepted by the city. 5. No letter of credit shall be deemed accepted by the city until review and approval by the City Attorney's office for legal sufficiency, and by the Finance Department for the bank's rating. 6. Original letters of credit shall be maintained by the finance department and each shall be clearly identified as to the project or contract for which it is issued. 7. Letters of credit accepted prior to approval of this article shall continue through the current expiration date of the letter of credit provided however, renewal of these existing letters of credit shall be in accordance with this policy for accepting letters of credit. 8. The financial institution issuing any letter of credit must be authorized to do business in the State of Florida and shall show proof of same upon request of city statIo EXHIBIT "E" :ntregulatio... 7/16/2007 ALl. Page 4 of 4 B. Cash, certified check, cashier's check. Completion of the required improvements may be secured by cash deposited by the developer with the city or in an account subject to the control of the city in accordance with an agreement on such deposit or account. No interest shall be earned on such deposit or account. C. Performance or surety bond. Completion of the required improvements may be secured by a performance or surety bond obtained from a company acceptable to the city in accordance with the city policy on performance bonds. It shall guarantee all work will be completed in full accordance with the approved land development permit. D. Escrow (Agreement) deposit. An executed escrow agreement between the developer, a bank approved by the city and the city as the third party beneficiary may be established for this surety. The escrow agreement shall require that release of the funds, or any part thereof, shall be subject to city approval. The agreement shall be in accordance with the city policy on such escrow agreements. E. The Finance Department shall maintain an index of all surety, indicating at a minimum, the project name, the amount of surety, then names and contact information for all obligees of the surety, the date posted, the date reduced and the date released. (Am. Ord. 98-08, 9 I, 2-2-98~ Ord. No. 02-033, S 4, 8-20-02; Ord. No. 03-018, SS 1-3,6-3-03; Ord. No. 04-040, S 2, 6-15-04) Disclaimer: This Code of Ordinances and/or any other documents that appear on this srte may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally. the fonnatting and pagination of the posted documents varies from the formatting and pagination of the offiCial copy. The official printed copy of a Code of Ordinances should be consulled prior to any action being taken. For further information regarding the official version of any of thiS Code of Ordinances or other documents posted on this site. please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. @ 2007 American Legal Publishing Corporation techs upoort@amlegal.com 1800.445.5588. EXHIBIT "'E" http://www.amlegal.com/nxt/gateway .dll/Floridalboyntonlpartiiilanddevelopmentregulatio... 7/16/2007 l..L I Search: Choose search form Links: Go to '" Document Prey Chapter J'.J".~xlCbJ!I2~r Cpu1Ynts Svnc TOC Framed Version I Search Page I of 15 Sav"le" Beach. FL Cede of Ordinances PART III LAND DEVELOPMENT REQULATI.0NS* CHAPTER 7.5 ENVIRONMENTAL REGULATION ARTICLE.II, Lf\NI:LSJ::;APE COQ.E ARTICLE II. LANDSCAPE CODE Section 1. Short title. This article shall be known and may be cited as the "Boynton Beach Landscape Code." (Ord. No. 00-51, S 2, 10-4-00) Section 2. Declaration of purpose and intent. It is the purpose and intent of this article to improve the appearance of certain setback and yard areas including off-street vehicular parking and open-lot sales and service areas in Boynton Beach; to protect and preserve the appearance, character and value of the surrounding neighborhoods and to preserve energy and thereby promote the general welfare by providing for installation and maintenance of landscaping for screening and elimination of visual pollution, and where possible that the landscaping to be provided as a result of this article be constructed in a manner which will reduce the demand for energy currently and in the future, since the City Commission finds that the peculiar characteristics and qualities of Boynton Beach justify regulations to perpetuate the appeal of its natural visual pollution free environment. (Ord. No. 00-51, S 2, 10-4-00) Section 3. Construction of language and definitions. A. Rules for construction of language. The following rules of construction shall apply to the text ofthis article. 1. The particular shall control the general. 2. In case of any differences of meaning or implication between the text ofthis code and any caption, illustration, summary table or illustrative table, the text shall control. 3. The word "shall" is always mandatory and not EXHIBIT 'IF" http://www.amlegal.com/nxt/gateway .dlJl Flondalboynton/part1l11anddevelopmentregulatio... 7/16/2007 ALP http://www.am1egal.com/nx _ Page 11 of 15 per linear foot oflake; 3. To consist of a minimum of 1 native tree per 50 feet of linear lake frontage; 4. All vegetation installed contiguous, at a minimum 3: 1 bank slope, 100% appropriate native vegetation, installed with proper spacing for full coverage of littoral shelf areas. All littoral and upland plantings established consistent with these standards shall be maintained in accordance with a management plan approved by the city at the time of site plan approval or permitting. S. Landscaping within easements. Consistent with Chapter 7.5, Article I, Section 18.1, tree species placed within utility easements shall be limited to palm trees. Canopy trees shall be planted outside of easements so that roots and branches do not impact existing utilities unless approved by the Utilities Director and consistent with planting guidelines of Florida Power & Light Utility. (Ord. No. 96-57, ~ 2, 1-21-97; Ord. No. 00-51, ~ 2,10-4-00; Ord. No. 03-018, ~g 1-3,6-3-03) Section 6. Landscape plan approval. Except for single-family dwellings, prior to the issuance of any building permit or certificate of occupancy, under the provisions of this article and the Boynton Beach Building Code, except for minor modifications a landscape plan shall be submitted to and approved by the planning and development board. The landscape plan shall be drawn to scale, including dimensions and distances, and delineate the existing and proposed parking spaces or other vehicular use areas, access, aisles, drive-ways, sprinklers or water outlet locations, and the location, size and description of all other landscape materials, the location and size of building if any to be served, and shall designate by name and locating the plant material to be installed or, if existing, to be used in accordance with the requirements hereof. There shall be an application fee as adopted by resolution of the City Commission for landscape plan approval. No landscape permit, building permit or certificate of occupancy shall be issued for such building or paving unless such landscape plot plan complies with the provisions herein. No landscaping shall be installed without a landscape permit. All inspections to determine compliance with the approved site plan shall be conducted by the development department. (Ord. No. 00-51, ~ 2, 10-4-00) Section 7. Performance surety. In the event that the landscaping requirements of this article have not been met at the time that certificate of occupancy could otherwise EXHIBIT "'F" ntregulatio... 7/16/2007 ALP http://www.amlegal.com/nx Page 12 of I 5 have been granted, and said permit or certificate is requested by the developer, the city may enter into an agreement approved by the city' attorney with the owner or his agent that the provisions and requirements of this article will be complied with. In that case the owner or his agent shall post a performance bond or other city- approved surety in an amount equal to one hundred and ten (110) per cent of the costs of materials, labor and other attendant costs incidental to the installation of the required landscaping based upon an estimate provided by a qualified landscaping contractor. The surety shall: A. Name the City Commission as beneficiary. B. Be in a form satisfactory and acceptable to the city attorney and the finance director. C. Specify the time for the completion of the landscaping requirements of this article as determined by the city manager. (Ord. No. 00-51, 9 2, 10-4-00; Ord. No. 02-033, 9 4, 8-20-02) Section 8. Applicability of landscape ordinance and other regulations. A. This article shall apply concurrently and in direct relation to the requirements and regulations of the zoning code of Boynton Beach. These regulations apply to new construction, major modifications to existing sites, and newly landscaped areas where compliance with regulations does not decrease conformance with parking regulations. These regulations shall apply to all zoning districts except planned zoning districts, and as noted herein except for detached single-family homes or duplexes. B. Landscaping within PUD, PCD and PID Zoning Districts. Planned zoning districts are intended to allow for flexibility in required landscaping but shall meet the intent of these regulations regarding perimeter, entrance, signage and building landscaping: lake plantings; planting specifications and methods; and signature trees. (Ord. No. 00-51, 9 2,10-4-00) Section 9. Administration and interpretation of code regulations and provisions. A. The interpretation and application of the regulations and provisions of this code by the development department shall be reasonable and uniformly applied to all property within the jurisdiction of Boynton Beach. B. The regulations and provisions of this code shall be held to be EXHIBIT "F" ntregulatio... 7/1 6/2007 Sl""...,.' 0 ...... .v.. .~'-" ,. } /'. . - .- , f . c- '-. I - - , tJ;\ p:: 0\ . /1.1 , J- 1;:'):0 --:i:, <V"" VI.-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comrnission Date Final Form Must be Turned Requested City Comrnission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office [ZJ August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon D Septernber 4, 2007 August 20, 2007 ONoon) D Novernber 7, 2007 October 15, 2007 (Noon) D Septernber 18, 2007 September 3, 2007 (Noon) D Novernber 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 ONoon) D Decernber 4, 2007 November 19,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [ZJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Motion to approve the release ofa Performance Bond (#LSI0022230 posted by Guarantee Company of North America USA) in the amount of $203,588 (Two Hundred Three Thousand Five Hundred Eighty Eight Dollars and 00/100 Cents) and a Performance Bond (#1010065 posted by Lexon Insurance Company) in the amount of $192,962.00 (One Hundred Ninety Two Thousand Nine Hundred Sixty Two Dollars and 00/100 Cents). EXPLANATION: These sureties were posted by D.R. Horton Inc. in connection with Palmyra Phase II, permit # 04-5036. All work on this project was completed and accepted by the City on 03/03/06. The warranty period expired 03/03/07, with no outstanding items requiring correction. See attached items for a copy of the request for release of bond, copy of the performance bonds for this project, and Application Inquiry documenting date of acceptance of work. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERN~TIVES: N/A '\ /./ r /d'/ . \ ( . J < ".' " . I, -+c . I / \,. I~t 1.(, I \", iLl' . ~f l. ')i).;,:4 () 7 Departme;t H~d's.S.i~~:~re : i Public W orks/Engi~ering Division ;IL~ City Manager's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC D.R.H:OHIDN @ Amer~~ CHI ._--~. NYSE BOND RETURN REQUEST - PALMYRA PHASE II City of Boynton Beach - Engineering Dept. Borward County, Florida To Whom It May Concern: By form of this notice, DR Horton Inc. hereby respectfully request the release and return of the following surety instruments which since emplacement have been held by the City of Boynton Beach Florida pursuant to our construction obligations for Palmyra Phase II. The bonds referenced hereinto are LS10022230 issued by the Willis Company on 2/7/05 and 1010065 issued on.8/30104 by Lexon Insurance Company. Please return the original bond instruments to my attention at the address listed below on this page. Sincerely, ~ ~regory J. e ibon Land Development Project Manager DR Horton Inc. - 1245 S. Military Trail, Suite 100 - Deerfield Beach, FL 33442 Bond No. LS10022230 E!XHIBl7 1'N_3u (LDR. Chap. 7~ Art. I, Sec. .3.13.) (LI)R., Chap. 7.S, Art.. II. Sec. 7,) PERFORMANCE BOND KNOW ALL:MEN BY THESE PRBSBNTS: That [I] [wc].D.R. Horton, Inc. . beminafl:er ~a1l PRlNCIPAL. and The Guarantee Comoanv of North America USA. a surety company aU1horizcd to do business in tht; State or Florida, hc:rc:ina1kr :referred to u SURETY. arc h.,ld and firmly bound UISto tho CityofBo)'Qton JUan" a DQlifitl-ll1 .u.bdi~.I^" of tho State ofFlorlda. heroina.fter called . -~o rl~narecrTni-ee TFlousaria'1!iVe em. the t\sl1 andJUBt sum OfHundl'P.d Eiohlv Eiahl Dollars and 00/100 U. S. Dollin (S203.588.0~, lawful money ottbe Urdted States of Ameri.c8. to be paid. to the City of BoyntOn Beach, to whic:h payment wW md. tmly be made, wo biD4 ounelves, 0\11' hon, oxecuton. administratots, StlCCI:AOtI and ~iPl,jointly IU1d lovera11y~ firmly by these pn:scmtt: [WHBRBAS~ the above bolmd. PRlNCIP AL has received a.1'Pro\'al from the CITY for thl: ~rdiDgora.certainsubdivisioup1atknown . Palmyra Estates PUD . m4 Rc:bF recording it prior to completion of construction of the Required ImProvemeo.l8 BS' p~bed by tho Subdivision. Platting and Requ1recl ImplCVettli!ftts hgWaticm,s. Chapters 2.5. 5 and 6 respectively of the Land Development R.eauIatious oftb.c City of Boynton Beach, hereinafter the REGULA nONS, pertaining to said subdivision;] 2I [WHBRB.AS. tho Wov. bound PRlNCIPAL has received approval from the CITY for the coastrUCtion of a. certain project known as Excavation & Fill . and such pl'Ojact shall construct aDd. iDataU the required public improvements to B11l'port the Project pursuant to the tenns of tho Permit,l and WHEREAS, PRINCIP AI. baa been iuued that certain r PcmUt] [Land Developmoat Pennlt] Numbar Q.4"'So3 6. her8ina.ftcr the PERMlT. for constructlon or said J.equfred. fmprovcments, a. gopy of wbi\ill iI ~ hereto md by referenc~ made a part hereof. II2d WHEREAS. k was one otthc conditions ot sald Rl!OULATlONS rw1 PltRMIT thl10t this bond be executed. NOW, TIIEREFORB, the conditions of' this obligation are such that it the 2hov. bound PRINClP AL shall in all respects comply or oause others to oomply with the terma and C0114itioN of said PERMIT, witb;n the time specified. and shall in fNery respect fb1fiJ1 [its][his][her][thei.r] obliptiou thereunder and under the plans therein tefmed to, then this obligation to bet void: otherwise, it aha11 remain in fW.1 force and effect. Pip lot 4 plaes \:N~cg~aw~@ FEB 0 9 2005 {~ORRECTEO FILE COpy .,,,-,~.u _n..,.. P'\.t\It~ln~ The PRlN~IPAL and CITY lIfO' that'the City Bnginocr maY7 in wrltlnlt reduce the initialln10unt stated above in ICCOMance with the requireutents of ufd RBGULA TIONS. Thb SURETY UNCONDmON'A'tt Y COVENANTS AND AOREBS that if tho PRlNCIP AL fill. to pcfonn aU or any part of the;ol1struction WO'1.'k required by said PBRMIT aDd REGULATIONS witbin tha tima Specified. the SUllBTY, upon thi:rty; (30) days written nouce from tho elTY or its authorized agent or 0&", of the default, to the PRINClP At or its authorized agent or ofBcer, will forthwith per:fonn and complete the aforesaid coJ1StrUCt1on work mc1 pay tho OQ. tho.rcof, including, but not limited to~ engineering, I.pl, and contingent COS~ together with.auy damage. lither direct or consequenUa1. Shoul4 the S'rJ'REr'l f'aU or refuse to pedorm aud. oompl.. till aid im,ptovemen:tB~ CITY, .in. viIIW ofth= public intere$t, Maltb, safety - wo1fa1'e factat'a involved md the induocmm1t in apptOvml aw1 :fi1i:Dg the said plat, shall have the right 10 resort to my and. aU lcpl remedies &pfut the PIUNCIP AL and/or SURETY, or both at law ami iu equity inc1udiai lp~caUy tba speclflc ~e, to which the PRINCIPAL mcl. SURETY' tmcoudi\iona1ly agree. 1'110 PRINCIPAL AND SURETY FURTHER JOINTLY AND SBVERALL Y AGREE tl1a1 the crrY. at its opti011, .ball haVe the tight to oonstruGt or, pursuant to publi~ adve.rtisemGt and receipt of bids. cause to ba c~ U1c a.tbresaid bnprovements in case the PlUNCIP AL should fail or roma, to do 10 fA ~ with the terms of said PER.MrI. m the tvent CITY shouic1 cxereisc met live effect to su.ch rfiht. the PRINCIPAL and SU1UiT"Y sbaU be jointly aDd sO'Ve'la.lly liabl. hereunder to ~ tbe ~ tho total cost thereof, ineiudla.l but not ~ 10, CQiineerina. 1epl, au4 ~npat CGSbI. toseth<< with auy dataqes, elk direat or ~ wbich may bo SU$tained on account orb f'aiIunJot1hl:l PlUNCIPAL to can:y out .aa4 ~ aU tl1e obllgatioma for <<mstruotion of Required ImproVen1f121tll pUlmJnt to the R.BGtJLATIONS md PERMIT. IN wrrNBSS WHBBBOF. the PRINCIPAL his executed these present! tbis1!!l.. day of February . ~. (CORPORATE SEAL) D.R. Horton, Inc. ~~~orid&J BY: ~ cotpOration. ""P.<:.\-V '- ~ tA..-.J <:> vV So IL ~ \It L-e" r;ze;;:. l.i)eI\ll A~L ~, \Zc~ (Impreuiomhle eorporate Hal) 'q.Z~~ ~ U W ~ \Q) FEB 0 9 2005 .. .. ""CiED FILE COpy ':'O:~l.OING DIVISION ADDRESS~ STAIB OF t=~t..l if ~ ) COUNTYOF 'B~~~~\)_ ) BEPORBMBperaonaUyappearcd /?vI. 4'-'4.N""<-..JS'~1 'Rho is t'ersanally_ known to ~ or has prvduced IS fdentlttcatJoD, and who executed tho ~aoiDaiDstrument u [Vice} Prea1dem arD.R. Horton. Inc. . a corporation. and soverallya.cbowlcd.gcd to and beftq" me tha.t [b.o][shl] ex.cuted. such instrument as such officer of said oorporaUon. rmd. that the seal aftIxecl to the fore,goini iusttument is the corpoxate seal of said coxporation aud that it was afiixed to uid. i11strument by due and regular corporate authority, and that Instrument it the fi'M w aM dttd Gt said corporation. wmmss my hand and otlicial seal this 8-M day or 1.eJr. _ .zoos: My comu:d.uion expires: s-;1~1 rJ-~o7 AC 1 J ~ At L Notary Public (Seal) ",...,.,"tP" 'I AlICE AlLEN f.r'h.lii!f~ MY COMMISSION # DO 175863 ~'~'1J EXPIRES: May 6,2007 "''t;;;o,;.,,~' Bonded Thru Notary Public Underwriters "'ih'~'" -OR- (INDIVIDUAL PRINCIPAL) W'tINESs: BY~ ADDRESS~ {SURBTY SIGNATt.lRB BL BY: Kimberly A. Tavernier attomey..itt.ract (power of attomeymtlSt be attached) and FL Licensed Resident Agent Denise Taylor c/o WI/LLlS OF FLORIDA 3000 BAYPORT DRIVE. #300 TAMPA. FL 33607 Pa~c 3 01"4 pa~eil INQUIRIES: (813) 281-2095 \N~~~U~~\.Q) FEB 0 9 2005 "'ORRECTED FILE copy '" _..., I"\ltJt: nlvlSION ADDRESS: c/o Willis of Florida 3000 Bavoort Dr. #300 Tampa, FL 33607 STATE OF COUNI'Y OF Florida Hillsborouah 1 ) BBFOUMBpenonallyappelRd Kimberlv A. Tavernier who [is] [are) persoaaUy.laaown to m. or [has](havo) produced oersonallv known to me [and t respectively] Ii ldontLtlcadon, and who IXIOUted tho foTercb1a mltxument, and acknowledged before me that [bc][shc][they] executed said mmumcn1 tor the pmposo expressed therein. WITNESS my hand. md oaidal seal thia 7th day of February .1QQ2.. My commission expires; January 8, 2007 m~/lL:Ca. ~/ NoWy Publio Margaret A. Ginem (Seal) OFFle - --- MARGARET A. GINEM~ Notary Public State of Florida Comm. # DO 176563 . Comm. Exp. Jan. 8, 2007 Page 4:vi4 paglls tD!~(g~~Wl5lQ) FEB 0 9 2005 -CORRECTED FILE COpy j.3UILDING DIVISION tHE GUARANTEE COMPANY OF NORTH AMERICA USA Grosse Pointe Farms, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Grosse Pointe Farms, Michigan, does hereby constitute and appoint David Carr, Anett Cardinale, Kimberly Tavernier, Denise Taylor its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attomey is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: I. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given. Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 3]" day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 7th day of January, 2004. THE GUARA"jt.L NORTII AMERICA USA ST ATE OF MICHIGAN County of Wayne Jules R. Quenneville, President On this 7th day of January, 2004 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. Gail Trevor Notary Public Macomb County, MI Acting in Wayne County, Michigan My Commission Expires August 2, 2005 IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. ~~ I, Gail E. Latham, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 7th day of February 2005. ~~~ lD1 ~ cg ~ U~~~m,secretary FEB 0 9 2005 CORRECTEO FII.E COpy BUILDING DIVISION , . EXHIBIT "N-3" (LD~ Chap. 7, Art. I, Sec. 3.B,) (LD~ Chap, 7.5, Art. II, Sec. 7.) PERFORMANCE BOND Bond No. 1010065 KNOW ALL MEN BY THESE PRESENTS: That [IJ [we], D.R. Horton, InC., called PRINQP AL, and Lexon Insurance Co., a surety company authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and firn1ly bound unto the Oty of Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full and just sum of One Hundred Ninety Two Thousand Nine Hundred Sixty Two Dollars U.S, Dollars ($192, 962.00) lawful money of the United States of America, to be paid to the City of Boynton Beach, to which payment will and truly be made, we bind ourselves, or heirs, e~ecutors, administrators, Successors and assigns, jointly and severally, firmly by these ptesents: [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the recording of a certain subdivision know as PALMYRA PHASE II and such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the aty of Boynton Beach, hereinafter the REGULATIONS, pertaining to said subdivision;] Q! [WHEREAS, the above bound PRINcrp AL has received approval from the CITY for the construction of a certain project as PALMYRA PHASE II and such project shall construct and install the requi1:ed public improvements to support the Project pursuant to the terms of the Permit;] and WHEREAS, PRINCIPAL has been issued that certain Permit] [Land Development Permit] Number . hereinafter the PERMIT, for constru.ction of said Required Improvements, a copy of which is attached hereto and by reference made a part thereof;] and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obligation are such that if the above bound PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified, and shall in every respect fulfill [itsJ [his] [her] [their] obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, it shall remain in full force and effect. , . The PRINCIPAL and CITY agree that the Oty Engineer may, in writing, reduce the initial amount sta.ted above in accordance with the requirements of said REGULATIONS. The SURET):' UNCONDITIONALLY COVENANTS AND AGREES that if the PRIeIP At fails to perform all or any part or the construction wotk required by said PERMIT a.nd REGULATIONS within the time specified! the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or officer, of the default, to the PRINeIP AL or its authorized agent or officer! will forthwith perform and com.plete the aforesaid construction work and pay the cost thereof, including, but not limited to! engineering, legal, and contingent costs! together with any damages either direct or consequential. Should the SURETY fail or refuse to perfonn and complete the said improvements, CITY, in view of the public interest, health, safety and welfare factors involved and the inducement in approving and filing the said plat, shall have the right to resort to any and all legal remedies against the PRINCIPAL and/ or SURETY, or both at law and in equity including specifically the specific performance, to which the PRINCIP At and SURETY unconditionally agree. The PR!NCIP AL AND SURETY FURTHER JOINn Y AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL should fail or refuse to do 80 in accordance with the terms of said PERMIT. In the event OTY should exetcise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally heteunder to reimburse the CITY the total cost th.e1:eof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which may be sustained On account of the failure of the PRINCIP At to carry out and executes all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this ~h day of Augusts'" , 2004. (CORPORATE SEAL) D.R. Horton, Inc. [a Delaware Corporation, licensed to do bus~OridaJ By: \ '- ~ <;) ":7. \ ,!.:)....- \'-<.>............. ""V'\l.( , A~~ jJ (L , ~ If{ h i?oc", . ,,1"5 i <;;to ~ 1- s;,cI"e'k";y' (Impressio;dble Corporate Seal) STATEOF :P!C(I,J~ J COUNTY OF .~ /;:;C b/ ADDRESS: 1192 E. Ne'^ZPort Center Drive, Suite 150 Deerfield Beach, FL 33442 " . ~ fqu I Ptf/l41aWY<; , BEFORE ME personally appeared .(Z-4 If/, Korq. who is perso to me 0 roduced as . entification, and who executed the foregoing instrum.ent as [Vice] President of , a corporation! and severally acknowledged to and before me that [he] [she] executed such instrument as such officer of said corporatio~ and that he seal affixed to the foregoing instrument is the corporate seal of said corporation" and, that it was affixed to said instrument by due and regular corporate authority and that instrument is the free act and deed of said corporation. 2004. WITNESS my hand and official seal this jD V2 day of mlCjttsf. u My commission expires: ~ Notary Public -OR- ~~ ~ Amy Hetzel . ~ . My Commission oo21U06 \:.....'.1 Exltires May 21, 2007 (INDNIDUAL PRINCIPAL) WITNESS; BY; ADDRESS: (SURElY SIGNATURE BLOCK) Dawn L. Morgan Surety WITNESS: W4!;a:J d .~ BY: ',' " . POWER OF ATTORNEY LX - 011 004' Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in .ouisville, Kentucky, does hereby constitute and appoint: Michael J. Scheer, James 1. Moore, Christine Woods, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt its true and lawfui Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,000,000.00, Two Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly eiected officers of the Company. Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. LEXON INSURANCE COMPANY BY r?/~~ , David E. Campbell President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ------------ .OFFICIAl SEAL. l VOlA J. DEJONG NOTARY PUBUC STATE OF UINOIS MY COMMISSION EXPIRES 1/12/2007 ;{~ J bf~ CERTIFICATE Lydia J. Dejong Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 30th Dayof August ,20 04 ~fJ~ Donald D. Buchanan Secretary .. ~ . ',. ~ STATE OF ILLINOIS } } COUNTY OF COOK } On August 30,2004, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Stephen T. Kazmer, known to me to be Attorney-in-Fact of Lexon Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires March 29,2008 O~m>1 0( ~ Notary Public ,- a:FICIAL SEAl. OA~ L MCRGAN NOTARY PUBLIC. STATE OF ILLINOIS MY COMttISSION EXPfB:03I8lI ~PUOUC SECTOR HTE Navlltrle' 7> Applir.atlon 04-000[l5~: III Bonds I III Contractor eserow 1 III Fees I iii Global ""'an,. du~ I!iIlnspectlon 1)18tOIV i iii Miscellaneou:: info! IilJ Names i I!i.lI Permits I ~ Plan 1t3C~;lrlq , iii Receipts - 1iI Square Tootaae call III Structures - i III Valuation calculali~ i {L...L....~__f!J ~ Print .( Cancel )( Exit .;. Refresh Land Inquiry Documents Property Information Address: 7149 LAWREIIl:E RD BOYNTON BEACH, FL 33436 30546 o R HORrON mc OB-42- 45-12- 02- 009. 0020 Locatlon ID: Owner name: PCN: Lot Numbe r: ::~~~~~j -~ ... C3 COMM~ITY COMMERCI AL Contractor Information .P~'~, Doc l'i.lObe r I --------------- ..] I I 1.1 I Q, Contractor Name: PALM BE6.CH GRADING. Contractor' Number': 5211 Type: ASPH6.LT/SEALCOAT /STR Status: ACTIVE CtHltractor Requirements INc. 1.1 ~ 9 ~ s ~ I Application Information Application status: FINALED Status Date: 3/09/2000 Applicatlon type: EXCAVATION/FILL Application date: 11/16/2004 Tenant name/number: mCL CLEAR & GRUB-PALMYRA Va luatlon : 185080 ~~~~~~ ~~~;~~:: 0 ~..~.-... lJ I. I L~ Outstanding Inspections Insp 10 Schedule Date ;:1 Confirlllation I Number I Type No outstanding inspectlons exist 1.1 1.1 1000 000. IDOO 000 1000000 SUNGARIrPUBlIC SECTOR HTE. NaviLine' r I I I I I I 1 I i I I i V' OK )( Exn Cancel Land inquiry Inspection Inquiry Property address: Application, structure number: Permit type, sequence number: Inspection type, sequence number: Inspection status, date: Requested date, time, by: Override date, time, by: User 10 to request, result: Phone interface number: Inspector assigned: Results status, date: Final inspection flag: Penalty amount: ~ ~ ~ 'f1 i8l = 08-42-45-12-02-009-0020 7149 LAWRENCE RD 04 00005036 000 000 CG 00 CLEARING & GRUBBING CG99 0001 CLEARING & GRUBBING FINAL INSPECTION COMPLETED 3107/06 3/03106 CSC BYRNEN CONKLlNC 3293115 FL LAFONT ANT FRANTZ - ENGINEERING APPROVED 3/06106 N 00 ~' '-'- --- - - - - I' __PUBLIC SECTOR HlE NaviUne' Inspection Inquiry peN: Property address: Application, structure number: Permit type, sequence number: Inspection Information 04 EX 00005036 000 000 00 EXCAVATION PERMIT Inspection type, sequence number: Inspection status, date: Requested date, time, by: Override date, time, by: User 10 to request, result: Phone interface number: Inspector assigned: Results status, date: Final inspection flag: Penalty amount: ~ s B Ii! =- 11 . .. ~ 08-42-45-12-02-009-0020 7149 LAWRENCE RD , . . EX99 0001 EXCAVATION FINAL INSPECTION COMPLETED 3/03106 CSC 3/09/06 CONKLlNC CONKLlNC 3293131 FL LAFONT ANT FRANTZ - ENGINEERING APPROVED 3/06/06 y .00 )(Eldt - ::"l I..'...,..,... ~i;\ . ~ Cancel Land inquiJy VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 181 August 21, 2007 August 6, 2007 (Noon.) D October 16,2007 October 1,2007 (Noon D September 4,2007 August20,2007 (Noon) D November 7, 2007 October 15,2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17, 2007 (Noon) D December 4, 2007 November 19,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM 181 Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Request approval of additional funds in the amount of $18,352 to complete the Avenue of the Arts yearlong on-loan sculpture program. At the May 15 meeting the City Commission approved the Avenue of the Arts program to fund 10 artwork locations at an estimated cost of $49,500.00. EXPLANATION: The increased program cost is due to increasing the size of the concrete pads to accommodate the 140mph wind load requirement fur artwork installation. The concrete pads were enlarged at the recommendation of Jeff Livergood, Director of Public Works and Engineering. He recommended the changes to provide a fuctor of safety and to allow for larger artwork installations in the future. The pads are a one-time expense that will accommodate various artwork sizes and weights fur the life of the program. The Avenue of the Arts program increased in the amount $18,352.00 in total program costs. The targeted completion date for the balance of concrete pads and artwork installation is September 28, 2007. PROGRAM IMPACT: The Avenue of the Arts coordinated its program kick offwith three concrete pads completed and four artworks installed for the Community Redevelopment Agency's August 4, 2007 Marina Summer Fest. These artwork installations successfully contributed to the Marina's Summer Fest Walking Tour. FISCAL IMPACT: The Art in Public Places Program is funded from the 30% of the 1% fees collected as mandated in the Public Art Ordinance No. 07-002. It is forecasted to collect a total of $193,499.00 in budget year'06/'07. Account # 151-2611- 579-67-01 has budgeted $100,000.00 for both 06'/07' and 07'108' for Acquisition of Public Art. The requested amount of$ 18,352.00 to complete the Avenue of the Arts Program will come from account #151-2611-579-67-01. ALTERNATIVES: To not complete the Avenue of the Arts program as scheduled could mean increased construction cost at a future date. EXHIBIT" A" A TT ACHED: A venue of the Arts program estimate & actua ~~~re {:..v;q- &c.icrTVj;4. 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Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office [8J August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October], 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon) 0 AnnouncementslPresentati ons 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements D Unfinished Business 0 Public Hearing 0 RECOMMENDATION: To receive a report from staff regarding revisions to the Recreation & Parks Department Revenue Policy Manual that will be effective beginning October 1, 2007, The City Commission has authorized the City Manager, upon recommendation by the Recreation & Parks Director, to amend and update this document However, with the anticipated high interest in using the City's new recreational facilities, staff wanted to share information regarding usage fees with the Commission, EXPLANATION: The Recreation & Parks Department's Revenue Policy Manual contains the department's philosophy, guidelines, and policies and procedures regarding fees and charges and accounting for all revenue. In addition, the Fee Schedule sets fees and/or fee ranges for all fees charged by the Department, including those for facility usage and recreation programs. Three new facilities (Intracoastal Park Clubhouse, Sims Center and Wilson Pool) will be opening over the next year, and fees must be established for their use. In addition, all facility rental fees were reviewed, Fee ranges for recreation programs were increased to allow for growth over the next several years, PROGRAM IMPACT: The revised Revenue Policy Manual will allow the City to increase program fees and charges in line with the increased costs of providing the programs and services, Additionally, revenue from facility rentals will be increased. 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City of Boynton Beach Recreation and Parks Department Boynton Beach, Florida r 1""\ ....., ... ~ "~ ro ,........",. ~ p o v~ ~ C\j" Q) H - " \-) Q) ~ I We Make '1' <,;,,":, l.~ f II .~;l\ .., "./. ... /fi" y .~ f e un. . .c. ';." ~. .;tIII>. .~._ Boynton Beach Recreation and Par~s Department CONTENTS I. Statement of Philosophy ...................................................................... 1 II. Statement of Need............................................................................... 1 III. Authority and Responsibility................................................................ 1 IV. Fees and Charges, Goals and Guidelines........................................... 2 V. Financial Assistance Guidelines ........................................................ 10 VI. Contractual Receipts Guidelines ....................................................... 12 VII. Compulsory Resource: Dedication Ordinance .................................. 14 VIII. Accou nti ng for All Revenues.............................................................. 14 IX. Annual Review................................................................................... 16 X. Fee Schedule .....................................................................................17 Adopted: 9/21/93 Revised: 12/5/00,10/21/03,4/20/04,8/21/07 Recreation & Parks Department Revenue Policy Manual CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT REVENUE POLICY MANUAL I. STATEMENT OF PHILOSOPHY The basic philosophy of the Boynton Beach Recreation and Parks Department is to offer year- round diversified recreation services, ensuring that all citizens have equal opportunity for participation. However, since the demand upon the Department is greater than the public's ability to appropriate public funds to support that demand, it becomes necessary to charge fees and pursue other supplementary revenues and resources. Fees and charges for parks and recreation services will provide only one source of finance for the Department. They will be thoroughly evaluated prior to their adoption into the fiscal matrix supporting public parks and recreation services, a matrix which includes general fund appropriations, contractual receipts, land dedication, bond issues, grants-in-aid, and special gifts and donations. Fees and charges will supplement these other resources, not replace them nor be used to diminish government's responsibility to provide open space and leisure opportunities. Rather, fees and charges will be viewed as a method to expand and to continue to provide basic services on an equitable basis. The general benefit of services made possible through fees and charges must exceed any detriment imposed by the fees, and collections must be practical and economical. II. STATEMENT OF NEED It is the responsibility of the Boynton Beach Recreation and Parks Department to offer a comprehensive recreation program and to provide publiC park land. Because of heavy demands for new and expanded services and because of the increase in operating expenses, it has become necessary to adopt a sound and consistent policy that will guide the search and generation of supplementary revenues to tax dollars. III. AUTHORITY AND RESPONSIBILITY The revenue policy was formally adopted on September 21, 1993 by the Boynton Beach City Commission. The City Commission and City Manager have authorized and charged the Recreation & Parks Director with providing oversight in the implementation of the policy, and establishing appropriate procedures to administer the policy's goals and guidelines. The City Recreation & Parks Department Revenue Policy Manual Commission authorizes the City Manager, upon recommendation by the Recreation & Parks Director, to amend and update this document as may be necessary, Changes proposed by staff and approved by the City Manager will be placed in public file for 14 days and circulated to the City Commission for review by exception. IV. FEES AND CHARGES, GOALS AND GUIDELINES A. BASIC SERVICES 1. The City of Boynton Beach will continue to provide basic park and recreation services at no charge in order to protect and conserve natural and historical properties and to promote the physical and mental well-being of its citizens. Examples of basic services include staff supervised therapeutic recreation, recreation center level games and programs, and various youth, adult and senior citizen active and passive recreation activities, both indoors and outdoors. 2. Public funds will be used to acquire, improve and manage all park land whenever possible, charging no fees to Boynton Beach residents for entrance into neighborhood parks, comfort stations, greenway and trails, playgrounds, recreation and community centers. However, the Recreation & Parks Director may recommend nominal fees as necessary for control of these areas, B. GENERAL GUIDELINES 1. Charging fees is an equitable method of recovering a portion or all costs of specialized or personal recreational services. 2. Resident and Non-Resident Fees 3. Fees for non-residents will be a minimum of 25% above the fee for residents, with a minimum charge to non-residents of $3.00 above the resident fee for programs and services priced under $12.00. 2 Recreation & Parks Department Revenue Policy Manual 4, To ensure equitable services and reasonable fees to the public, staff will submit proposed program fee increases in writing for approval by the Recreation & Parks Director. All fees will remain within the approved fee schedule. C, FEE CLASSIFICATION Fees charged for programs, facilities and services provided shall be classified as: 1 . rental fees 2, special service fees 3. permit fees 4. admission, parking and entrance fees 5. user fees 6. sales 1. RENTAL FEES will be charged for the privilege of exclusively using tangible public property or building structures without consuming or injuring them in any way, Examples include facility room rentals, picnic shelters pavilions and other park facilities. 2. SPECIAL SERVICE FEES will be charged for supplying extraordinary articles, commodities, activities, materials, or services as an accommodation to the public which are not provided as part of the Department's basic, free public services. Examples include keys, field preparation, lights, staff, custodial and processing fees. 3. PERMIT FEES will be charged for permission or written authorization for a specified lawful action or use of a facility, Examples include sports leagues, tournaments, special event permit fees in accordance with Article I, Section 13- 20 of the Code of Ordinances as detailed in the Special Event Handbook, and vending and exhibitor fees for various events. 4. ADMISSION, PARKING, AND ENTRANCE FEES may be charged to enter a building or structure. These facilities usually offer an exhibit, show, performance, 3 Recreation & Parks Department Revenue Policy Manual concert, ceremony or demonstration. Examples include special performances or events which require high cost talent, specialists, technicians, equipment, extra supervisory and maintenance personnel, or where the net revenue generated is used to offset the program or facility costs. Parking fees may be charged at designated parks to control overcrowding and subsequent damage to greenways and roadways, to minimize vandalism, provide additional patron safety, or to offset a portion of park operational costs. 5. USER FEES may be charged for participation in an activity. The patron usually enjoys the privilege of use with others. Examples include instructional classes, trips, tours, camps, sports clinics, workshops, etc. 6. SALES include merchandise transferred (sold) from the department which become the property of the user. Examples include promotional items, arts and crafts supplies, merchandise related to programs and services offered, and departmental tabloid, bulletin, newsletter or program advertising space. D. DIFFERENTIAL FEES In addition to fees differentiated according to residency, fees for programs, services and facilities may be differentiated according to the financial objectives of the following organizations: Commercial/Profit Fundraising Non-profit Private/Family Schools Religious Fee Exempt Examples include facility rentals for private/commercial gain, non-profit group meetings and family celebrations. The Recreation & Parks Director shall establish the fee for the above organizations based upon the fee schedule. 4 Recreation & Parks Department Revenue Policy Manual E. RECOVERING PARTIAL COSTS 1, The public will be charged user fees, special service fees, sales fees, or rental fees for special services and special facilities based on the exact costs associated with the "extra" service, or based upon a specified percentage of all direct costs when the exact costs cannot be figured. 2, Fees will recover the exact costs or a percentage of direct costs for special services and facilities when: a) The cost per user hour of the service is high; b) The activity uses consumable material; c) The service requires a facility with high capital, operating or maintenance costs; d) The activity requires special preparation or clean-up; e) The activity requires special instruction at extra cost; f) The service is extended beyond the normal operation. 3. Special services include, but are not limited to, organized adult athletics, instructional youth and adult programs, tournaments and youth and adult out-of- town trips and tours. 4. Special facilities include, but are not limited to, one time room rentals, lighted ball fields and tennis courts, pools and pavilions picnic shelters. Exact rates will be set each year and published in the Fee Schedule, F, RECOVERING DIRECT COSTS 1. Direct operational costs will include all transportation, lodging, and personnel necessary to conduct the program, rental of facilities, purchase of equipment and supplies, and utility costs directly related to the program. 5 Recreation & Parks Department Revenue Policy Manual 2. Programs that will recover direct costs may include, but are not limited to, special recreational programs, instructional classes, out-of-town trips and tours and organized sports. 3. The established fee for co-sponsored fund-raising programs with other public agencies or volunteer organizations shall cover the Department's contribution to the direct costs of offering the activity and facility. 4. When not in use for Department-sponsored and co-sponsored activities, designated areas, facilities, and equipment may be rented by organizations and the general public. Rentals will be computed to recover all direct costs. 5. Equipment rental rates will be based on original cost and depreciable life. G. RECOVERING ALL COSTS PLUS SURPLUS Upon approval by the Recreation & Parks Director, public property may be used by closed membership groups and proprietary or commercial groups who want to use public property for financial gain or profit. The fee charged for use of the public park land and facilities will be comparable to the prevailing commercial rates, or must recover all costs to the Department, whichever is greater. An additional fee for the privilege of conducting business on public property will be charged. 1. Commercial or promotional activities on park land will be permitted only when they are clearly not in conflict with ongoing Department-sponsored programs, or if the program can be conducted without any restriction of public use for a reasonable period of time, 2. Commercial or promotional activities in parks and facilities will be authorized only if they provide a public service and meet a legitimate public need. 6 Recreation & Parks Department Revenue Policy Manual 3. Commercial or promotional use of public facilities including use of public names of structures will not be authorized if such use constitutes an expressed or implied City endorsement of commercial products, services or activities. 4. Sponsors of profit-making, commercial activities conducted on park property are required to show evidence of comprehensive general liability insurance sufficient to protect themselves from any potential incidents, an amount of coverage which meets City requirements as approved by the Risk Manager. 5. The sponsors of profit-making, commercial activities conducted on City recreation and park property must pay the City a minimum of twenty-five percent (25%) of the gross receipts in addition to the prevailing rental rate. a) Within thirty (30) days after a commercial or promotional activity, an itemized list of all income associated with such an event must be transmitted to the Recreation & Parks Director or his designee, together with twenty-five percent (25%) of the gross income. b) A deposit may be required by the Director in advance of the event. 6. Charitable, non-profit, community-serving organizations that conduct an event on City recreation and park property for the purpose of raising funds, not sponsored by the Department, may pay a facility rental fee, maintenance fee, or a percentage of their gross receipts, as determined by the Recreation & Parks Director. 7. Charitable sponsors of profit-making activities conducted on City recreation and park property are required to show evidence of comprehensive general liability insurance sufficient to protect themselves from any potential incident, an amount which meets City requirements as approved by the Risk Manager. 7 Recreation & Parks Department Revenue Policy Manual H. REVENUE PRODUCING FACILITIES Revenue producing facilities may be developed in parks to supplement General Fund revenues and to provide Boynton Beach residents additional recreational opportunities. The number and type of these kinds of facilities will be determined based on need. The service itself must be the FIRST priority. Thus, revenue producing facilities will be considered a basic resource of the recreation and park system, and will be constructed with public funds. Depending on the nature of the service they provide, they may be operated and maintained from user fee revenues. Where user fee revenues do not have the potential to maintain the facility to a high standard of service, General Fund monies will be used to assure continuation of the service to the public. 1. General Fund appropriations will be requested to support the operation of all park & recreation facilities. While these facilities may be capable of generating sufficient revenues to offset their operational costs, the General Fund appropriations will provide an adequate cash flow during fluctuations of revenue due to weather, seasonal changes and varied participation by the public. 2. Fees collected from revenue producing programs or facilities may be deposited in a Trust Fund or Special Revenue Enterprise Fund to improve or expand the recreational services of these facilities for the users. Thus, those who use the program or facility pay directly for the operation. The guidelines governing the Special Revenue Enterprise Fund are stated in this policy under Section VIII, Accounting for all Revenues. 3. When public funds are not available for construction of special facilities due to other priorities of the department and the City, funding for development may be sought and provided through public/private contractual agreements. 4. In situations where the financial constraints of government cannot ensure the maintenance of the high standard of service desired by the public, the services may be operated through contractual agreements with the private sector. 8 Recreation & Parks Department Revenue Policy Manual I. DIFFERENTIAL FEES: SPECIAL SITUATIONS AND GROUPS 1. It shall be general policy to develop reciprocal use agreements with the Palm Beach County School District allowing joint use of facilities at no charge to either party unless uses require special needs which require high costs to the school or City. 2. Special interest groups shall be granted no special consideration in the form of reduced rates or free services, with the exception of those groups affiliated with the Department. Special interest groups may include, but are not limited to, religious and political organizations, commercial businesses or clubs and organizations. 3. Many out-of-town residents use Boynton Beach recreation services but make no direct tax contributions to help support these services. It is not equitable for these citizens to enjoy the facility or service while this jurisdiction's residents are taxed for its maintenance and operation, Therefore, it is reasonable to incorporate into the fee and charge policy different Non-resident and Resident fees. Thus, visitors and residents together will help maintain the facility and provide funds for continued expansion and proper staffing. J, WAIVERS Official City-sponsored or affiliated programs and events shall be fee exempt. The Recreation & Parks Director or his designee shall make such determination. On some occasions, fees and charges may be reduced when such action is determined by the Recreation & Parks Director or his designee to be in the best interest of the City of Boynton Beach or the specific program. A written request for waiver of fees must be submitted to the Recreation & Parks Director. 9 Recreation & Parks Department Revenue Policy Manual K. REFUNDS 1. Policies and procedures for refunding fees will be determined based upon the participant's prorated share of costs already invested and committed into the program, including administrative services, in adherence with the Recreation and Parks Department's Customer Satisfaction Pledge and Refund Policy. 2. All requests for refunds must be made in writing to the Recreation & Parks Director or his designee, and any special circumstances will be determined by the Director or his designee. Full refunds for instructional classes will be granted when the class is canceled due to insufficient class registration. 3. In lieu of a refund, the Department will offer the participant a program credit. The credit may be applied toward the cost of any future recreation program registration or activity. No administrative service charges will be deducted when a credit is accepted by the participant. .J. FINANCIAL ASSISTANCE GUIDELINES Boynton Beach Recreation and Parks Department may accept grants, gifts, service-in-kind, bequests or donations to the City for the purpose of park land acquisition, planning, development, maintenance, operations and administration of recreation and park facilities and programs. The City Commission authorizes on behalf of the City, the Recreation & Parks Director to accept non-governmental grants, service-in-kind, and gifts, donations or bequests of cash or personal property valued at $5,000 or less, provided the solicitation, acceptance and use of these revenues and/or gifts are consistent with State Laws and Local Ordinances and are in the best interest of present and future Boynton Beach residents. Gifts, grants, service-in- kind, donations, or bequests valued at more than $5,000 must have City Commission approval. Any gift or bequest of real estate and all government grants may be accepted only on approval of the City Commission. All gifts, bequests, and donations of personal property or real estate and all grants shall be held, used or disposed in accordance with the terms and conditions under which the gift, bequest, donation, or grant is made and accepted in accordance with State Law and local ordinances. The Director, City Manager or Commission may reject any gift, bequest or service-in-kind for just cause. 10 Recreation & Parks Department Revenue Policy Manual A. GRANTS 1. Any permanent employee of the Department is encouraged to investigate the possibilities of securing a grant for Department facilities and programs. Researching and investigating grants will be consistent with Department and City policy. 2, The Director will act as the clearing house and give approval for all grants, Grant applications requiring a City cash match of $5,000 or more that has not been appropriated in the current fiscal year or adopted in the 5 Year Capital Improvement Plan must be approved by City Commission. B. GIFTS, DONATIONS AND BEQUESTS 1. The Director may accept service-in-kind from individuals or private or corporate organizations for the benefit of a specific facility or program or for the administration of all recreation services. 2, Any permanent employee of the Department may personally pursue gifts. donations, bequests or service-in-kind on behalf of the Department as long as the amount of a single donation does not exceed $4,999. 3. Gifts, donations and bequests over $4,999 in value will be pursued only upon approval of the Director. C. FUNDRAISING EVENTS 1. Upon authorization by the Director, fundraising events, solicitations, sales or benefits may be conducted on behalf of the Department or as part of a Department-sponsored program (such as, but not limited to, Holiday Parade) by organized and recognized community groups. Such recognized groups include, but are not limited to, civic associations, home owners associations, scout 11 Recreation & Parks Department Revenue Policy Manual organizations, P.T.A.'s, and adult advisory committees or councils. Such fundraising events shall be established by written agreement among all parties. 2. Funds collected in this manner remain the property of the organizations overseeing the collection until they officially give the cash or check to the Recreation & Parks Director or his designee. 3. The Department and its employees are not responsible in any manner for these funds. However, organizations receiving or handling funds during Department- sponsored programs must follow the prescribed rules of the City for providing accountability of all funds to the general public. Organizations will keep all funds in a checking account in the name of the organizations. All records, bank statements, canceled checks, blank checks and receipts, invoices and authorizations must be available for review by the Department. 4. The Department may require or request expenditure of funds belonging to City affiliated organizations recognized groups, such 3S Black Awareness Committee, and shall concern itself with the proper management of these accounts and assure that the handling of funds is carried out to the degree of accountability required of government by the public. VI. CONTRACTUAL RECEIPTS GUIDELINES A. LEASES Upon approval of the City Commission, the Department may lease park land for a specific time as negotiated. The process of leasing land will be open to all responsible individuals and corporations, and contracts will be awarded according to the State's open binding procedures, following announcements published in all area newspapers. The City Commission must approve all lease agreements. Contracts will be awarded based on specific criteria, including but not limited to: 12 Recreation & Parks Department Revenue Policy Manual 1. Evidence of financial responsibility and intent to use the land for designated purposes, 2. Revenues and/or rents generated for the City, and 3. Environmental Impact Plan which includes statements on the use of chemicals, protection of soils and water quality, and how the prospective lessee plans to restore the land back to its state prior to lease. B, CONCESSIONS 1. The Boynton Beach Recreation and Parks Department is authorized upon approval of the City Commission to sell products such as supplies, food or souvenirs, or services such as coin-lockers or rental equipment at recreation and park facilities for the purpose of providing a service to recreation and park patrons. 2. For the privilege of selling products or services on public park land, the City will receive monthly rent and/or a percentage of the gross revenues generated from the concession operation. Rent and percentages will be established on a contract by contract basis. 3. The process of awarding contracts will follow the State's open bidding procedures following announcements published in area newspapers. The Director is authorized to solicit bids from reputable concessionaires according to Purchasing Agent requirements. 4. Criteria for awarding contracts include, but are not limited to, the following: a) Proof of financial solvency and history of quality performance in providing the product or service in question, b) Percentage of gross revenues generated for the City, and 13 Recreation & Parks Department Revenue Policy Manual c) Specific conditions and terms in the contract which ensure that the public receives the best service possible and the Department maintains as much control over the concession operation as possible. VII. COMPULSORY RESOURCE: DEDICATION ORDINANCE In order to accommodate for orderly growth and development and the influx of new residents, and to maintain the quality environment which makes Boynton Beach a desirable community in which to live, and in order to place an equitable share of the cost of providing new park land on all new inhabitants, Boynton Beach City Commission authorizes the Department of Planning and the Department of Recreation & Parks to review each subdivision plat for consideration of mandatory dedication of land or fees in lieu of land for park, recreation and open space purposes pursuant to the City subdivision codes. Control, record keeping, expenditures and accountability of all revenues and property will follow State Statutes and Local Ordinances. VIII. ACCOUNTING FOR ALL REVENUES Boynton Beach Recreation and Parks Department will be collecting fees and charges, gifts of land or personal and grant revenues as a result of this policy. The collection, control, record keeping, expenditures and accountability of all revenues and property will follow State Statutes, Local Ordinances, and Finance Department Accounting and Auditing Procedures and Policies. A. PARKS AND RECREATION TRUST FUNDS In order to enable the Department to plan, organize and conduct activities and events totally funded through appropriate funds, trust funds shall be established for special programs. 1. All monies will be deposited in the City Treasury, in accordance with Finance Department policies and credited to the trust fund account number. 2. The Finance Department shall be responsible for maintaining official revenue and expenditure records as required. All transactions (deposits and expenditures) 14 Recreation & Parks Department Revenue Policy Manuai shall be in accordance with normal Finance Department procedures, including purchasing and accounting. 3, Expenditures may be charged against the trust fund account; however, expenditures may not exceed revenues as of September 30 of each fiscal year. Monies as of September 30 of each fiscal year shall be encumbered and carried over to the following fiscal year for planned programs. 4. The trust fund shall be maintained by the Finance Department on a revenue and expenditure basis; however, the Department will maintain detailed, separate ledgers for each activity or event in order to provide day-to-day control of income and expenditures for each program. B. ENTERPRISE FUND/SPECIAL REVENUE FUNDS When appropriate, enterprise funds or special revenue funds shall be established to provide greater flexibility in the management of revenue-producing facilities and programs. These funds are governed by the following policy: 1. Revenues collected shall be deposited in a fund separate from the General Fund. Revenues collected will be used to conduct the revenue-producing program/facility or improve the recreation services to the user. A percentage of the revenue generated over the cost to conduct the program shall be paid to the General Fund Revenue Account. 2. The Finance Department will assign object codes and maintain official records as required by law. The Recreation and Parks Department will maintain detailed and separate account ledgers for each facility and program activity in order to provide day-to-day control of revenues and expenditures, 3. The Boynton Beach City Commission, upon recommendation of the City Manager, Finance Director and Recreation & Parks Director, may appropriate general funds twice a year into the enterprise/special revenue fund with the 15 Recreation & Parks Department Revenue Policy Manual stipulation that every effort will be made to repay the general fund appropriated "loan" from the enterprise/special revenue fund revenues within six (6) months. 4. The costs of operating the revenue producing facilities and programs will be charged against the Enterprise/Special Revenue Fund(s). Unspent monies left in the fund as of September 30 will be carried forward to the next fiscal year. 5. In accordance with current City of Boynton Beach practice, a minimum of 10% of the annual budget will be retained in the fund as emergency reserves. IX. ANNUAL REVIEW The Recreation and Parks Department shall review this revenue policy annually and all fee schedules to ensure equitable services and reasonable fees to the public. The fees must be easily collected and the cost of collection should not consume more than half of the receipts unless the purpose of fee collection is to control usage. A written report will be presented by the Recreation & Parks Director upon request of the City Manager. 16 Recreation & Parks Department Revenue Policy Manual FEE SCHEDULE Fee Classification Fee Range RENTAL/RESERVATION FEES: FACILITIES & PAVILIONS Rental/Reservation Deposits Art & Activity Center Boat Club Civic Center Hester Community Center Intracoastal Park Clubhouse Madsen Senior Center Senior Center Wilson Sims Center Wilson Pool $50 $250 $50-$300 $25 - $m} $60/hr $15 $20 $35-$85/hr $25 - $-+00 $170/hr $25 $150 $35-$170/hr $35 - $300/hr $15 $25/hr $25 - $m} $135/hr $-+&-~ $40-$260/hr $50/hr. plus lifeguard $200-$260/3 hr block plus $35/hr per lifeguard $25 $150 $50-$300/day plus deposit $50 $300 $1 00-$600/day holiday plus deposit $&---$25 $30 - $40/2 hr practice Picnic Pavilion Athletic Fields RENTAL FEES: EQUIPMENT Rental Deposits t4aoo $20 $100 $10 per event plus tuning (approximately $W1 SPECIAL SERVICE FEES Keys (lost keys/replacement) Field Preparation $20 $'10 $'10 $50 field $35/hr per person $3 $8/hr$6-$12/hr $50/hr $30 $120/day $50-$150 per event, depending on size and type of event ~ $35/hr Lights Special Event Consultant Fee Custodial Fee Staffing Fees PERMIT FEES Athletic Teams/Tournaments Date Commission Approved +-Gfro 8/07 +J-IOO 8/07 Wf94.8/07 ~. 8/07 'tW94- 8/07 8/07 Wf94 12/00 8/07 wt94.8/07 +Gf9+ 8/07 +GfG.3 8/0 7 1-~G 8/07 .:wm-+ 1-Gf9-1- l{).j.g-1- tG/9-1- 8/0 7 to/9-1- 8/0 7 tG/9.4 =1-.0/94 8/07 .:+-G/DJ 8/07 $50 $150 $100 - $500 per field 1-2+00 8/07 or outdoor court rental/day $40 $50 $35/hr per person/field preparation $30 $120/ $50-$150, depending on size 17 pecial Event Vending/Exhibitors (Oceanfront Concerts, health fairs, etc.) ENTRANCE. PARKING & ADMISSIONS Beach Parking Boat Club Park Launch Fees Special Program Workshop, Concert Admission or General Admission: (e.g. holiday craft workshop, youth Halloween programs, theater performances, dances, etc.) Tennis Center Daily Fees Adult (har-tru) Adult (composition) I unior (17 & under) _ight Fee Recreation & Parks Department Revenue Policy Manual and type of event/custodial fee $25 - $1 ,500/space Established by Article II, Section 16-82 of the Code of Ordinances Established by Article II, Section 16-61 of the Code of Ordinances $3 - $50/person $7/person/1.5 hours $3/person/1.5 hours $2/person/1.5 hours $5/1.5 hours USER FEES Non-Resident Fee Resident Fee $1 0 - $80 Youth Sports $13 - $100 (ex: Flag Football, Soccer, Cheerleading, Gymnastics, Twirling, Tumbling) $16 - $500 Adult Sports & Leagues $20 - $625 (ex: Softball, Volleyball, Senior Men's Softball, Basketball, Tennis) 12/00 09/93 09/03 09/03 09/03 09/03 Date Commission Approved 09/93 12/00 Fitness & Dance $15 - ~ $200 (ex. Aerobics, Ballet, Yoga, Tai Chi) $12 - $-tOO $150 ~ 8/07 $18 - $+00-$150 -+GIW 8/07 Arts & Crafts $23 - ~$200 (ex: Tot Recreation, Kids Crafts, Painting, Calligraphy, Watercolor, Clay, Quilting, etc.) Adult Special Class/Workshop/one time $7 - $J2-$65 $4 - ~ $50 18 ~ 8/07 Recreation & Parks Department Revenue Policy Manual Non-Resident Fee Resident Fee Date Commission Approved Camps (includes field trip fees; 1, 4 or 8 week $113 - $@25 $1,000 spring break, summer and holiday camps) ~ 8/07 $90 - $WG $800 Afternoon Recreation Programs (monthly) $62 - $4-00 $250 $50 - $-1-2~ $200 ~..;yoo 8/07 Self Improvement/Community Interest $18 - $94 Classes (ex: language, music lessons, computer classes) $15 - $75 12/00 Senior Center Annual Participation Fee $40 - $1 00 8107 Pool Admission Fees Daily Fee Annual Pass $1 - $10/day $63 - $156 $1 - $10/day $50-$125 8/07 8/07 Tennis Center Permits Adult/Individual Family Junior (17 & under) Seasonal Permit (valid 10/1-5/15): Single Family $452 - $576 $630 - $804 $ 55 - $70 $300 - $382 $420 - $536 $252 - $322 $378 - $482 $ 25 - $32 G&IG4 8/07 G&IG4 8/07 ~ 8/07 8/07 8/07 *Tri ps/T ours/Travel $ varies (actual cost of trip + 15% administrative and promotion charge = TRIP FEE) *Same fee for all participants since Boynton Beach facilities are not being used. Note: · Programs at Caloosa Park - no fee differential since Boynton Beach facilities are not being used. · Fees charged for grant-funded programs may fall below the fee ranges listed above. 19 Recreation & Parks Department Revenue Policy Manual FACILITY USE/RENTAL PRIORITY AND POLICIES I. Facility use for City of Boynton Beach sponsored or affiliated programs shall have priority and be foe exempt. The Recreation & Parks Director or his/her designee shall determine whether a group shall be considered affiliated for this purpose. II. All requests for fee waivers or reductions shall be made to the Recreation & Parks Director. The Director has sole authority to approve deviations from the standard rental fees included in this document. III. Facility use requests must be made on the appropriate form and submitted a minimum of four (4) weeks in advance of the requested date. IV. Per the Interlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County (R06-169), schools within the City of Boynton Beach shall be eligible to utilize City facilities at no cost, except as otherwise provided for in the agreement. All other schools shall be considered "Non-Profit" for the purpose of fee determination. V. Additional Fees: A. Damage Deposit: $.2.W $300 for each facility excluding athletic fields and pavilions. B. Staffing Fee: Will vary based on duration of event, day of the week and staffing requirements. Rate is $35/hr. C. Custodial Fee: $35 $120/hour $50 - $150 per event, depending on size and type of event. D. Wilson Pool: Additional lifeguard fee of $35 ~/hr is required for pool rental. DIFFERENTIAL FEES DEFINITIONS Resident Rates Fees for individuals or groups residing inside the Boynton Beach corporate City limits. Non-Resident Rates Fees for individuals or groups residing outside Boynton Beach corporate City limits. 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II .r:. .... -- .r:. ~~ i N ..-co ffi ffi .... II .r:. .... -- .r:. ~-- i N~ ..-co ffi ffi i~ II i i~ n i .... n .r:. .... ~~ i N~ ..- co ffi ffi M Jo-o 5 co .... N co (j) ; i -~r -0. ~ ~. ( o - ( 0, gj Q) '- ll..t 0.. l.L .... (J.) ( ~j c1:;. (j) ..... 2 :S .~ o ~ .... .r:. (j) 0 (j) :J :.:d:~ ~: B ~I~ ~ i< i< i< ~>"'YO'" ',' ."\.. l ... . ...... \ I." ... 'j 1\'. p: l\... / (J ~,. _ j.-"~ 7' ^~~$' VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office ~ August 2] , 2007 August 6, 2007 (Noon.) 0 October] 6, 2007 October I, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October ]5,2007 (Noon) 0 September] 8, 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September] 7,2007 (Noon) 0 December 4, 2007 November] 9, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business ~ Public Hearing 0 RECOMMENDATION: Please place this request on the August 21,2007 City Commission Agenda under Public Hearing. The applicant had requested postponement on July l7ili until August 21, 2007 in connection with his recovery from throat surgery. The Community Redevelopment Agency Board recommended on May 8,2007, that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-031. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Harbor Cay (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway, approximately 160 feet north of Gateway Boulevard Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2,2006, from May 2,2007 to May 2,2008. PROGRAM IMP ACT: NI A FISCAL IMP ACT: NI A ALTERNATIVES: N/A ~A~ City Manager's Signature \1 ~: ~ r~M/J.. ./ Planning and Zoning Dir tor City Attorney I Finance S:\Planning\SHAREDlWP\PROJECTS\Harbor Cay\SPTE 07-006\Agenda Item Request Harbor Cay SPTE 07-0068-2] -07.doc S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC Assistant to City Manager ~ TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-031 Chair and Members Community Redevelopment Agency Board -~ Michael Rumpf \J . Director of Planning and Zoning Kathleen Zeitler kz. Planner May 1, 2007 Harbor Cay (SPTE 07-006) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PROJECT DESCRIPTION Harbor Cay, LLC Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard (see Location Map - Exhibit "A'') Special High Density Residential (SHDR) Infill Planned Unit Development (IPUD) No change proposed No change proposed Townhouses 1.429 acre To the north is developed multi-family residential property (Inlet Harbor Club), classified Recreational (R) and High Density Residential (HDR) land use and zoned Recreation (REe) and Multi-family Residential (R-3); To the south is developed commercial property (Gateway Shell), classified Local Retail Commercial (LRe) land use and zoned Community Commercial (C-3); to the southeast is developed single-family residential, classified Low Density Residential (LDR) and zoned Single-family Residential (R-l-AA); To the east is developed single-family residential, classified Low Density Residential Page 2 Harbor Cay SPTE 07-006 (LDR) and zoned Single-family Residential (R-l-AA); and West: Right-of-way for Federal Highway, then farther west is right-of-way for the Florida East Coast (FEC) railroad. BACKGROUND Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a one (1)-year site plan time extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the City Commission on May 2, 2006. The site plan approval is valid for one (1) year from the date of approval. If this request for a one (1)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to May 2, 2008. The subject property consists of 1.429 acre zoned Infill Planned Unit Development (IPUD), located within Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project approved for a total of 23 fee-simple townhomes, recreation amenities, and related site improvements. The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units, each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6) separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units, with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "B") proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned area. According to the staff report, the proposed townhouse buildings would have hints of Spanish- Mediterranean accents in the contemporary / modern design. Building accents would include cupolas, Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on March 12, 2007, approximately seven (7) weeks prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "c''), the applicant details the "good faith" efforts in moving forward with the project, explaining that the project has been delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil engineering plan revisions which required re-submittal for further review and approval; (2) delay in platting due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site plan approval. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build-out year of 2009. Page 3 Harbor Cay SPTE 07-006 The site plan time extension is still subject to the origi nal 85 conditions of the new site plan approval. No new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places 0 rdinance (05-060), this project is not exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05 -060 as stated in the original conditions of site plan approval. Lastly, the applicant has failed to pay the Capacity Reservation Fee as required in original Condition of Approval #19, which was due within seven (7) days of the original site plan approval. As such, staff recommends that the applicant pay the fee amount prior to final action by the City Commission on this extension request. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (i)-year time extension of the Harbor Cay site plan (NWSP 06-011). If this request for extension were approved, the expiration of this site plan would be extended to May 2,2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D''). S:\Planning\SHARED\WP\PROJECfS\Harbor Cay\SPTE 07-006\Staff Report.doc . .f4 Subject 5'ite ~ ~ ~T' f ......~ I PUD 7 I +f 1 I ;t .. ." GAmWkYBLVD o 1:p.. J 4.:;....~......: ,. <'IE; ,.. ,H! ..~...' 7 r~:' ,.. R-3 C-2 . ';f'V :/ ':01 ..:.:.........:..':'.".. . a ..'1.... ... ',".j lJ g,D ,.,' i.... rI ':~';~' L.r-J-". ~ ~ri:~[ ._ f ; j I 200 100 0 I 1..-'-''-'1\ 1 I"'"' I ~ IVIr\r Harbor (~ay (~ .../ , 1---( ;:.. '.i .~ '::t; o Ji, EE 'I: ~ ; .~ ~. .~. ; r- (-3 j REC ... C-3/ I 1/1 IPUD REC 200 400 I P0tter~oad. R-3 '...... Las Paimasj~k 600 R'1-M" . T'\....;"l K- -AJ ~ I Exhibit "A" :r'.' ,.;4;), ;,;----- 't:ll 'm: ~' ~i'r-- 'E' o 'z:= - : ..'" I ----- ~ r . >.' '.: :., j:;: - I~~:.,,: Il~;!'; : ;j, ",i. I N W+E S 800 I Feet In a;i ]11 3D~ I .~ ,.. :In I' I ~ ..!~ i~~~ ~;il~~ r ~ (,,,.., .. i fl :~~..~, ; ; ~~~~. ,'" ~I'l~ TI~ii i _!~ !r~r ,i 3hB . S!! ;,;1 Ii . .. "CI ~ Z --- 1__ i FLQ Ifl - - _ _ RIDA cAST . ilf , ~OAST RAILROAD II U.S. HIGHWAY No - - - - - _ J .1 ':::::'~'. -,\ , .. --- - . ::-::-- - - -::-::------- . =="'. / II t !I ~,-:-- - / ;' ", "-r=.::.. '.-... ":.. -~~- , . =:~:-:..~~~ '::"-::", "'"', - !I i I: I I I I' ! I ~ " , I' , I: I' , i: I i ~I ~ , I' I . , :. g~ - , I I I I II Ii ~ , ". '. I: w , LJ I li~ !!n~ ril.PI~ Uh!}JriJlliJJIJiU S ~. i" ~ ~~ u...... E..... gU !,q& . ~~ ii~d;JhuilUll!IPU nn '~luaplulll;UUpl 1111 Ii illlnl!6pul ! 111m! i III ! 1111I1 ; I II : IBID b IHliUtUUlj Ii Ii I ~ ~ ~ j ~ .... ,," ,I,[h.,d lifg II E . i !!I I II"UII r" I . !J ~; lIlt!n" bl, i ~ i ! ; d ; H H; .; h d ; I S1~ H w:[~! Ii ~ II i g g ~ n g n ~ ~ ~ ~ n ~ ~ I I UHHii na ; it f~H:H5 UH ~~~ =u;uu UU _c~ . .~q!11 H .. or- "Iii ::j 0 III II l:I (') .. = -I i .. 6 . z r i !l: Joo "CI .. I ~ ~ !: .. ; HARBOR CAY TOWII'NHOUSES 600 LAKESIDE HARBOUR ao,ntcm _cb. I'IorIda [RKB E-- ........~_U......~...M...,.",....>>Of IfIg ~fU~ a.rior~pn L//t'#ff/V~ ~ Ii j' -"~f"" ~"<o,,II" ~ '.' ,...,'..... " .{'7 \~ u i~ PLli.NNING li.ND ZONING DEPT March 9, 2007 Board of Commissioners The City of Boynton Beach 100 East Boynton Beach Blvd.. Boynton Beach, FL 33435 Re: DevelopmemOrder &tension Gentlemen: Please ~t our request for an extension of twelve months for Boynton Beach Resolution 06-097, a Development Order for Harbor Cay Town Homes; an !PUD located within a few hundred feet North of Gateway Boulevard on Federal Highway goingtowaxds the Intraooastal Waterway. Due to various delays in obrnining approval for the underground utilities, only recently resubmitted after substantial prior oonsultation along with the expectation of further oomments requiring additional reronfiguration and another round of resubmission, and the sequential nature of the proress whereby the plat cannot be delineated until the civil engineering is approved, and in light of the extensive Conditions of Approval that must be addressed; it is not likelytbat a oonstruction permit will be secured before the Development Order expires on May 2nd of 2007. Thank you, in advanre, for your time and oonsideration. We trust tbat the Board of Commissioners sballlook upon our petition with kindness and generousity. Sid Rvon t ChiefExecufive Officer AmerCan Development Corp. The Managjng Member for Harbor Cay, lLC Harbor Ca)', LLe 605 lAkeside Harbor Driw:, Boynton Beach, Florida 33435, Tel: 561~734-3000 Fax: 561-72.4~3oo5 www.harborcay.com EXHIBIT "D" Conditions of Approval Project name: Harbor CiJ.y File number: SPTE 07-006 Reference: DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X \ POLICE Comments: None X ENGINEERING DIVISION Comments: None I X I I BUILDING DIVISION I Comments: None X PARKS AND RECREATION ! Comments: None X I i FORESTER/ENVIRONMENT ALIST I I I I Comments: None X I i I PLANNING AND ZONING I Comments: i Conditions of Approval Harbor Cay SPTE 07-006 P ? age _ DEPARTMENTS INCLUDE REJECT 1. The site plan time extension shall be subject to all previous Conditions of X Approval. 2. The Applicant shall pay the Capacity Reservation Fee amount due to the City X prior to fmal action by the City Commission on this Site Plan Extension request. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\P1anning\SHARED\ WP\PROJECTS\Harbor Cay\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Harbor Cay APPLICANT'S AGENT: Mr. Sid E. von Rospeunt, Harbor Cay, LLC APPLICANT'S ADDRESS: 605 Lakeside Harbor Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5, 2007 postponed and heard on July 17, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until May 2, 2008, for 23 proposed townhouses on a 1.429-acre parcel in the IPUD zoning district. LOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S :\Planning\SHARE D\WP\PROJECTS\Harbor Cay\SPTE 07 -006\DO .doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 B. Adoption of Agenda Motion A motion was made by Ms. Heavilin to approve the agenda with the changes. Ms. Horenburger seconded the motion that passed unanimously. V. Consent Agenda A. Approval of the Minutes-CRA Board Meeting-April 1, 2007 (pulled by Ms. Horenburger) B. Approval of the Monthly Financial Report and Budget Amendment C. Sea Mist Acquisition Status (info. only) (pulled by Ms. Heavjlin) D. Review of Infill Site Plans & Home (pulled by Rev. Chaney) E. Marketing and Communications Update (info. only) F. Residential Improvement Grant Program (info. only) (pulled by Ms. Heavilin) VI. Public Comments Chair Tillman opened the floor for public comments. No one having come forward, Chair Tillman closed the floor to public comments. VII. Public Hearing Old Business: None New Business: Attorney Spillias announced Items VILA. and VII.B. were quasi-judicial proceedings. He provided an explanation of the quasi-judicial procedures and requested board members disclose whether they had any ex-parte communications. None were disclosed Attorney Spillias administered the oath to all persons who would testify. A. Harbor Cay Site Plan Time Extension 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Description: Harbor Cay (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side of Federal Highway; approximately 150 feet north of Gateway Boulevard Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. 1. Project: Agent: Owners: Location: Kathleen Zeitler, City Planner, set forth the request and advised the project was approved for 23 townhouse buildings ranging from 2,534 square feet to 2,599 square. The project was delayed due to required reconfiguration of underground utilities, civil and engineering plan revisions, platting delays and construction plan revisions necessary to address the conditions of approval. Their concurrency project buildout year is 2009. The site plan time extension was still subject to the original 85 conditions of approval. Staff recommended approval to extend to May 2, 2008, with the following conditions of approval: (1) the site plan time extension would be subject to all previous conditions of approval; and (2) the applicant would pay the Capacity Reservation Fee amount due to the City prior to final action by the City Commission on the site plan time extension request. Chair Tillman opened the floor for public hearing. Sid E. von Rospeunt, Representative of AmerCan Development Corp., Managing Partner for Harbor Cay, LLC, set forth the circumstances surrounding the requested extension. He advised they had worked with City staff on the water issue for the past eight months. A six-foot wide public easement was recently discovered on their property, and would be utilized to remedy the issue. Bonnie Jones, 628 Lakeside Harbor Drive, commented the homeowners had tried to work with Mr. von Rospeunt; however, he was not willing to work with them on several issues with respect to the entry gate, community dock and Lakeside Harbor Drive. The homeowners would like for the project to move forward and upon approval of the extension, would request construction of a privacy wall and for the gate to be moved back. Mark Maher, owner of the property at 618 Lakeside Harbor Drive adjoining the developer's property on the southeast side, remarked the extension should have been applied for in advance of the expiration of the site plan time extension, and he did not believe the developer had any intention of building. He believed the project would be beneficial and would agree with the extension if the developer installed a stucco masonry wall on the site separating the single-family properties from the project; relocated the residential community gate to the east side of his property, ensuring it was in proper working order; and completed all work within the next four months. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Mr. von Rospeunt responded as follows: (1) they had no objection to the gate being removed; however, if it was removed, application would have to be made for a building permit and it would be necessary to have a turnaround lane installed in front of the gate and past their property; (2) the road currently at the site is approximately five to six feet less in width than the new road they were are putting in; (3) when the developer purchased the property, the gate was inoperable as it was damaged by the hurricane; (4) they improved the site by ridding the property of rats and undesirable apartment dwellings; and (5) the site plan provided for a masonry wall to separate the residences from the project. Mr. Sims requested clarification as to the issue of the wall and inquired as to when the wall would be constructed. Mr. von Rospeunt advised they could not build a wall unless they had the approval of their utilities and a development order. No one would issue any permits to them for a perimeter wall in order to protect the residents at Harbor Cay, as well as to the south, north and east of the community . No one else having come forward, Chair Tillman closed the floor for public hearings. Chair Tillman commented he had listened to several extension requests and project proposals and on several occasions, homeowners professed their opposition to the project. However, there appeared to be no overall resistance to this project, with the exception of some minor issues which should be worked out. Secondly, with regard to the issue previously addressed by Ms. Horenburger wherein the City Commission would explore an 18-month extension in lieu of the 12-month extension, Chair Tillman inquired of staff whether this had been explored and the status with respect thereto. Kathleen Zeitler advised the Code had been revised to allow for 18 months instead of 12 months for the initial site plan approval. Ms. Heavilin expressed confusion as to severa: of the comments made. The applicant did not respond to the issue of the dock damage and she requested he do so. Mr. von Rospeunt maintained they had addressed the dock issue with the homeowners on several occasions. They pulled permits for the dock and filed the extension for the dock permit; however, they would want to perform the dock work when the entire area was redone in order to avoid construction of a substandard dock. The developers had suggested they would remove the dirt and put in gravel and brick pavers, similar in fashion as shown in the site plan for the pool area and plaza. Rev. Chaney requested that Mr. von Rospeunt clarify the commitments made by the developer. Mr. von Rospeunt commented they committed to build a new dock to enrich the community, and it was their intention to do so. However, if they bore the expense, they would build the dock to their specifications in order that it would be constructed properly. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Rev. Chaney inquired of staff whether any Tax Increment Funding (TIF) or other incentive funding was involved in this extension. Mr. Zeitler replied there were none. Ms. Horenburger remarked that it appeared the developer was unable to move forward with the project for the reasons outlined in the backup material. However, after considering all of the comments made, she concluded there was also a problem with cooperation on both sides. She inquired as to why the developer was unable to meet the City's requirement to pay the Capacity Reservation Fee within seven days of the original site plan approval and whether this was an undue requirement which the developer could not meet while others could. Mr. von Rospeunt commented they considered the requirement to be unreasonable as they did not know how many water meters were needed at the time. Ms. Horenburger inquired of staff as to how COMmon it was for people to not pay their Capacity Reservation Fee in a timely matter. Ed Breese, Principal Planner, indicated the fee was generally paid within seven days. Motion Ms. Horenburger moved to grant the request for a six-month time extension, subject to payment of the Capacity Reservation Fee and compliance with all of the other conditions of approval. Mr. Sims seconded the motion for discussion purposes. Chair Tillman advised he believed granting a six-month extension could set a negative precedent, as it had been the City's policy to grant twelve-month extensions. Further, the developer requested the twelve-month extension in order to deal with hardships and Chair Tillman would want the developer and homeowners in the adjacent communities to have as much time as needed in order to resolve the issues. Mr. Sims contended he would be concerned about setting a precedent and would not be comfortable with granting a six-month extension at this time, although it could be something for the board to explore. He added he hoped the developer and homeowners would work through the issues within the year, as he would be hard pressed to vote in the developer's favor again. Ms. Heavilin advised that she would support the 12-month extension and urged the developer and residents to be open minded and work things out. Rev. Chaney commented he would support the 12-month extension as well and emphasized cautioning developers coming into the City to do due diligence in working with neighbors, as it was the board's responsibility to ensure the needs of the entire community would be served. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Ms. Horenburger inquired of Attorney Spillias whether the board would be setting a precedent if the Capacity Reservation Fee was not paid as required by the City's Code. Attorney Spillias advised the standard for making a decision was based upon competent substantial evidence to support the decision. In terms of precedent, the board members would have to consider whether they treated people who were similarly situated in a similar fashion. These were basically the standards to be applied by the board in making a determination. If the board believed there was substantial evidence that established the individual was not similarly situated, that would be the basis for a decision to grant something other than a year's extension. If the board did not believe the differences in this instance were significant enough to determine Mr. von Rospeunt was not similarly situated, then there would be no evidence. Staff had recommended a year's extension after their review, which would be part of the record as well. Chair Tillman called the question on the motion to grant a six-month extension. Vote The motion failed 1-4, Rev. Chaney, Ms. Heavilin, Mr. Sims, and Chair Tillman dissenting. Motion Mr. Sims moved to approve the one (1) year site plan time extension including all conditions recommended by staff. Ms. Heavilin seconded the motion which passed 4-1, Ms. Horenburger dissenting. B. Boynton Beach Lofts Site Plan time Extension 1. Project: Agent: Location: Description: Boynton Beach Lofts (SPTE 07-007) Bradley Miller, Miller Land Planning Consultants James A. Seifert/Addison Properties of South Florida, Inc. 623 South Federal Highway Request for a second one (1) year site plan time Extension for site plan (NWSP 05-008) and height exception (HTEX 05-001) originally approved on April 19, 2005, from April 19, 2007 to April 19, 2008. Gabriel Wuebben, Planner, provided an overview of the project. The Planning & Zoning Division received the extension request on April 4, 2007, approximately ten days prior to the expiration of the previous site plan time extension. According to the applicant, since the project's last site plan time extension, the developer had completed working drawings, had worked toward the marketing and sales of future units, completed a website, cared for onsite landscaping and secured County Civil permits. To date, the developer had spent nearly $730,000 toward the project. However, as a result of current market conditions, the developer was not able to pull a permit and was currently working with the CRA to modify the plans to make the project more 6 VIII.-PUBLIC HEARING ITEM B. i CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Meetin~ Dates in to City Clerk's Office ~ August 2], 2007 o September 4, 2007 o September 18,2007 o October 2, 2007 NATURE OF AGENDA ITEM Requested City Commission Meeting Dates August 6, 2007 (Noon.) 0 October ]6,2007 August 20, 2007 (Noon) 0 November 7,2007 September 3, 2007 (Noon) 0 November 20, 2007 September] 7,2007 (Noon) 0 December 4,2007 o AnnouncementslPresentations 0 o Administrative 0 o Consent Agenda ~ o Code Compliance & Legal Settlements 0 ~ Public Hearing 0 Date Final Form Must be Turned in to Citv Clerk's Office October] , 2007 (Noon October 15, 2007 (Noon) n November 5, 2007 (No<Sj C- November] 9, 2007 (N~) City Manager's Report ~ New Business C'?--t :::j-< -<c, (J"" ;--'cn ,"110 :::J-< ::::::z: ui-l o Oz .,., "'T'lClJ -I'Tl ('"");> ",('"") :r: Legal Unfinished Business -0 ::J: .r:- N W RECOMMENDATION: Please place this request on the August 21,2007 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading, for the transmittal for state review. The Planning and Development Board on July 24,2007, recommended that the request be approved, subject to coordination occurring between the applicant and representatives from the adjacent Four Sea Suns CondomimUill intended to address concerns raised at the hearing For further details pertaining to this request, see attached Department Memorandum No. 07-052. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Proposed Use: Boynton Bay (LUAR 07-002) Weiner & Aronson, P .A. The Hamlet, L TD West of Federal Highway and south of Gateway Boulevard Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential (HDR) to Special High Density Residential (SHDR); and Request to rezone from Multi-Family Residential (R-3) to Planned Unit Development (PUD). Residential development consisting of 420 residential units (240 existing for-rent units, 180 new for-sale units including 45 for-sale work-force units) for an overall density of 19.93 dwelling units per acre (dulac). This is the "transmittal" hearing. If approved this item will be provided to the DCA for review, and ultimately return to the commission agenda for final reading in November or December. PROGRAM IMPACT: N/A FISCAL IMP ACT: NI A ALTERNATIVES: N/A ~ D,~p~Dr~rr'''~ ~~~ City Manager's 19nature Assistant to City Manager ~ Plannmg and Zo irector City Attorney I Finance S:\Planning\SHAREDlWP\PROJE TS\Boynton Bay\LUAR 07-002\Agenda Item Request Boynton Bay LUAR 07-002 8-21-07.doc S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 07- AN ORDINANCE OF THE CITY OF BOYNTON BEACH~ FLORlDA~ AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY THE HANLET~ LTD.~ AND LOCATED AT 499 BOYNTON BAY CIRCLE~ WEST SIDE OF NORTHEAST 4TH STREET~ WHICH IS WEST OF FEDERAL HIGHWAY AND SOUTH OF GATEWAY BOULEVARD; CHANGING THE LAND USE DESIGNATION FROM HIGH DENSITY RESIDENTIAL TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) ; PROVIDING FOR CONFLICTS~ SEVERABILITY~ AND AN EFFECTIVE DATE. 17 WHEREAS~ the City Commission ofthe City of Boynton Beach, Florida has adopted 18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 2011 2111 I! Comprehensive Planning Act; and WHEREAS~ the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 23 WHEREAS~ after two (2) public hearings the City Commission acting in its dual 24 capacity as Local Planning Agency and City Commission finds that the amendment 25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 26 the best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as provided. 28 NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH~ FLORlDA~ THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 31 herein by this reference. S:.CA.ordinances\Planning:Land Use\Boynton Bay.doc Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 1 2 following: 3 That the Future Land Use ofthe following described land located at 499 Boynton Bay 4 Circle, west side of Northeast 4th Street, which is west of Federal Highway and south of 5 Gateway Boulevard; changing the land use designation from High Density Residential to 6 Special High Density residential (SHDR). 7 8 See Legal Description attached hereto 9 10 Subject to easements, restrictions, reservations, covenants and 11 rights of way of record. 12 13 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 14 Future Land Use Plan shall be amended accordingly. 15 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 16 Section 5: Should any section or provision of this Ordinance or any portion thereofbe 1 7 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 18 remainder of this Ordinance. 19 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 20 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 21 Land Development Regulation Act. No party shall be vested of any right by virtue of the 22 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges, 23 including appeals, are exhausted. In the event that the effective date is established by state law or 24 special act, the provisions of state act shall control. S:ICA 10rdinanceslPlanninglLand UselBoynton Bay.doc 1 FIRST READING this _ day of_ ,2007. 2 SECOND, FINAL READING and PASSAGE this _ day of .2007. 3 CITY OF BOYNTON BEACH- FLORIDA 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 Janet M. Prainito, CMC 23 City Clerk 24 25 26 (Corporate Seal) 27 Mayor- Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S :\CA\Ordinances\Planning Land Use\Boynton Bay.doc 1 THAT PART OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 2 BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 3 ALL THAT PART OF LOTS 20 THROUGH 26, INCLUSIVE, OF SAM BROWN JR.'S 4 HYPOLUXO SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS 5 RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS, PALM BEACH 6 COUNTY, FLORIDA, LYING WESTERLY OF THE WEST LINE OF THE EAST 7 340 FEET OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 8 BEACH COUNTY, FLORIDA. 9 LESS HOWEVER, THE SOUTH 60 FEET OF LOT 22. 10 ALSO LESS, THE FOLLOWING DESCRIBED PARCEL OF LAND; 11 FROM THE SOUTHWEST CORNER OF LOT 20 LYING IN SAID SAM BROWN 12 JR.'S HYPOLUXO SUBDIVISION RUN NORTH 2002'25" WEST ALONG THE 13 WEST LINE OF LOTS 20, 21 AND 22, A DISTANCE OF 379.12 FEET TO A 14 LINE 60 FEET NORTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO, 15 THE SOUTH LINE OF SAID LOT 22; THENCE SOUTH 89056'48" EAST, 16 ALONG SAID LINE, A DISTANCE OF 25.02 FEET TO THE POINT OF 17 BEGINNING; THENCE NORTH 2002'25" WEST, ALONG A LINE THAT LIES 25 18 FEET EASTERLY OF THE WEST LINE .OF SAID LOT 22, A DISTANCE OF 19 61.08 FEET; THENCE SOUTH 890 57'23 E., A DISTANCE OF 364.25 FEET; 20 THENCE NORTH 0002'37" EAST, A DISTANCE OF 58.89 FEET; THENCE 21 SOUTH 89057'23" EAST, A DISTANCE OF 20.0 FEET; THENCE NORTH 22 0002'37" EAST, A DISTANCE OF 24 FEET; THENCE SOUTH 89057'23" EAST, 23 A DISTANCE 8 FEET; THENCE NORTH 0002'37" EAST, A DISTANCE OF 70.6 24 FEET; THENCE SOUTH 89057'23" EAST, A DISTANCE OF 159.6 FEET; THENCE 25 SOUTH 0002'37" WEST, A DISTANCE OF 70.6 FEET; THENCE SOUTH 89057'23" 26 EAST, A DISTANCE OF 20 FEET; THENCE SOUTH 0002'37" WEST, A 27 DISTANCE OF 29.95 FEET; THENCE DUE EAST, ALONG A LINE THAT IS 602 28 FEET SOUTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO THE 29 NORTH LINE OF LOT 26 OF SAID SAM BROWN JR.'S HYPOLUXO SUBDIVISION, 30 A DISTANCE OF 377.17 FEET TO A POINT IN A LINE THAT IS 365 FEET 31 WESTERLY OF AND PERPENDICULAR TO THE EAST LINE OF SECTION 16, 32 TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE S.1 053'20" EAST, ALONG 33 SAID LINE, A DISTANCE OF 114.06 FEET TO THE NORTH LINE OF SAID 34 SOUTH 60 FEET OF LOT 22; THENCE NORTH 89056'48" WEST ALONG SAID 35 LINE, A DISTANCE OF 950.13 FEET TO THE POINT OF BEGINNING. 36 TOGETHER WITH: 37 THE EAST 340 FEET OF THAT PART OF LOTS 20 TO 26, INCLUSIVE, OF 38 SAM BROWN JR.'S HYPOLUXO SUBDIVISION LYING IN SAID SECTION 39 16, AS RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS OF PALM 40 BEACH COUNTY, FLORIDA, LESS THE EAST 60.0 FEET THEREOF 1 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF THE HAMLET, LTD., 6 AMENDING ORDINANCE 02-013 TO REZONE A 7 PARCEL OF LAND LOCATED AT 499 BOYNTON 8 BAY CIRCLE, ON THE WEST SIDE OF 9 NORTHEAST 4TH STREET WHICH IS WEST OF 10 FEDERAL HIGHWAY AND SOUTH OF 11 GATEWAY BOULEVARD, AS MORE FULLY 12 DESCRIBED HEREIN, FROM MULTI-FAMILY 13 RESIDENTIAL (R-3) TO PLANNED UNIT 14 DEVELOPMENT (PUD); PROVIDING FOR 15 CONFLICTS, SEVERABILITY, AND AN 16 EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; ') n . and ~ v, I 21 WHEREAS, The Hamlet, LTD., owner of the property located at 499 Boynton Bay 22 Circle, west side of Northeast 4th Street, which is west of Federal Highway and south of 23 Gateway Boulevard in Boynton Beach, Florida, as more particularly described herein. has 24 filed a Petition, through its agent, Weiner & Aronson. P.A., pursuant to Section 9 of 25 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach. Florida. for the 26 purpose of rezoning a parcel of land, said land being more particularly described hereinafter. 27 from Multi-Family Residential (R-3) to Planned Unit Development (PUD); and 28 WHEREAS, the City Commission conducted a public hearing and heard testimony I 29 and received evidence which the Commission finds supports a rezoning for the property 3 0 hereinafter described; and 31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with S:\CA\Ordinances\Planning\RezoningRezoning -Boynton Bay.doc 1 an amendment to the Land Use which was contemporaneously considered and approved at 2 the public hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section 1. The foregoing Whereas clauses are true and correct and incorporated 8 herein by this reference. Section 2. The following described land located at 499 Boynton Bay Circle, west 9 10 side of Northeast 4th Street, which is west of Federal Highway and south of Gateway 11 Boulevard in Boynton Beach, Florida, as set forth as follows: 12 13 See legal description attached hereto 14 15 Subject to easements, restrictions, reservations, covenants and 16 rights-of-way of record. 17 18 be and the same is hereby rezoned from Multi-Family Residential (R-3) to Planned Unit 19 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of 2 0 this Ordinance by reference. 21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 22 accordingly. 23 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 24 repealed. 25 Section 5. Should any section or provision of this Ordinance or any portion thereof 26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect S :\CA \Ordinances\Planning\Rezoning\Rezoning -Boynton Bay.doc 1 the remainder of this Ordinance. 2 Section 6. This ordinance shall become effective immediately upon passage. 5 6 7 8 9 10 11 12 13 14 15 16 171 18 l q ! . ;~ II 211 22\ 23 24 25 26 27 3 FIRST READING this _ day of ,2007. .2007. 4 SECOND, FINAL READING and PASSAGE this _ day of ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor -- Jerry Taylor Vice Mayor ~ Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner-- Carl McKoy S:\CA\Ordinances\Planning\Rczoning,Rezoning -Boynton Bay.doc ) ) 1 THAT PART OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 2 BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 3 ALL THAT PART OF LOTS 20 THROUGH 26, INCLUSIVE, OF SAM BROWN JR.'S 4 HYPOLUXO SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS 5 RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS, PALM BEACH 6 COUNTY, FLORIDA, LYING WESTERLY OF THE WEST LINE OF THE EAST 7 340 FEET OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 8 BEACH COUNTY, FLORIDA. 9 LESS HOWEVER, THE SOUTH 60 FEET OF LOT 22. 10 ALSO LESS, THE FOLLOWING DESCRIBED PARCEL OF LAND; 11 FROM THE SOUTHWEST CORNER OF LOT 20 LYING IN SAID SAM BROWN 12 JR.'S HYPOLUXO SUBDIVISION RUN NORTH 2002'25" WEST ALONG THE 13 WEST LINE OF LOTS 20, 21 AND 22, A DISTANCE OF 379.12 FEET TO A 14 LINE 60 FEET NORTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO, 15 THE SOUTH LINE OF SAID LOT 22; THENCE SOUTH 89056'48" EAST, 16 ALONG SAID LINE, A DISTANCE OF 25.02 FEET TO THE POINT OF 17 BEGINNING; THENCE NORTH 2002'25" WEST, ALONG A LINE THAT LIES 25 18 FEET EASTERLY OF THE WEST LINE "OF SAID LOT 22, A DISTANCE OF 19 61.08 FEET; THENCE SOUTH 890 57'23 E., A DISTANCE OF 364.25 FEET; 20 THENCE NORTH 0002'37" EAST, A DISTANCE OF 58.89 FEET; THENCE 21 SOUTH 89057'23" EAST, A DISTANCE OF 20.0 FEET; THENCE NORTH 22 0002'37" EAST, A DISTANCE OF 24 FEET; THENCE SOUTH 89057'23" EAST, 23 A DISTANCE 8 FEET; THENCE NORTH 0002'37" EAST, A DISTANCE OF 70.6 24 FEET; THENCE SOUTH 89057'23" EAST, A DISTANCE OF 159.6 FEET; THENCE 25 SOUTH 0002'37" WEST, A DISTANCE OF 70.6 FEET; THENCE SOUTH 89057'23" 26 EAST, A DISTANCE OF 20 FEET; THENCE SOUTH 0002'37" WEST, A 27 DISTANCE OF 29.95 FEET; THENCE DUE EAST, ALONG A LINE THAT IS 602 28 FEET SOUTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO THE 29 NORTH LINE OF LOT 26 OF SAID SAM BROWN JR.'S HYPOLUXO SUBDIVISION, 30 A DISTANCE OF 377.17 FEET TO A POINT IN A LINE THAT IS 365 FEET 31 WESTERLY OF AND PERPENDICULAR TO THE EAST LINE OF SECTION 16, 32 TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE S.1 053'20" EAST, ALONG 33 SAID LINE, A DISTANCE OF 114.06 FEET TO THE NORTH LINE OF SAID 34 SOUTH 60 FEET OF LOT 22; THENCE NORTH 89056'48" WEST ALONG SAID 35 LINE, A DISTANCE OF 950.13 FEET TO THE POINT OF BEGINNING. 36 TOGETHER WITH: 37 THE EAST 340 FEET OF THAT PART OF LOTS 20 TO 26, INCLUSIVE, OF 38 SAM BROWN JR.'S HYPOLUXO SUBDIVISION LYING IN SAID SECTION 39 16, AS RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS OF PALM 40 BEACH COUNTY, FLORIDA, LESS THE EAST 60.0 FEET THEREOF DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 07-052 FROM: Chair and Members Planning & Development Board Gabriel Wuebben ;7 ;J Planner V) Michael W. RumPf~ Director of Planning and Zoning TO: THROUGH: DATE: May 24, 2007 PROJECT NAME/NUMBER: Boynton Bay/LUAR 07-002 REQUEST: To reclassify the subject property from High Density Residential (HDR, max. 10.8 dwelling units/acre) to Special High Density Residential (SHDR, max. 20 dwelling units/acre) on the Future Land Use Plan, and rezone from the Multi-family Residential (R- 3) District to Planned Unit Development (PUD). PROJECT DESCRIPTION Property Owner: The Hamlet, L TD Applicant/Agent: Weiner & Aronson, P.A. Location: 499 Boynton Bay Circle, west side of NE 4th Street (Exhibit "A") Parcel Size: 21.07 acres Existing Land Use: High Density Residential Existing Zoning: R-3 - Multi-Family Residential Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: PUD - Planned Unit Development proposed Use: Residential development consisting of 420 residential units (240 existing for-rent units, 180 new for-sale units) for an overall density of 19.93 dwelling units per acre (dujac). Page 2 File Number: LUAR 07-002 Boynton Bay Adjacent Uses: North: Property designated Low Density Residential (4.84 dujac) and zoned R- lA, Single Family Residential. South: Property designated High Density Residential (10.8 dujac) and zoned R- 3, Multi Family Residential. East: Right-of-way of NE 4th Street, then property classified Special High Density Residential (20 dujac) and zoned PUD, Planned Unit Development (an existing development named The Preserve). West: Property designated Low Density Residential (4.84 dujac) and zoned R- iA, Single Family Residential. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment for transmittal to the Florida Department of Community Affairs and the accompanying rezoning contingent upon the attached conditions of approval. Staff's support is based upon the following reasons: 1. This request would be consistent with the policies of the Comprehensive Plan that encourage creation of housing for low and moderate income households. It would create forty-five (45) new workforce housing units and maintain two hundred forty (240) existing workforce housing units; 2. This request would contribute to the overall economic development of the City by reducing the critical shortage of workforce housing; 3. This request would generate tax revenue, contributing to the overall tax base of the City; 4. This request would not create additional impacts on infrastructure that could not be accommodated within existing capacities; and 5. The compatibility issue has been adequately addressed through project's design which effectively mitigates potential negative impacts on the surrounding single-family neighborhoods: the project's benefits would be significant enough to offset any remaining concerns. 6. Staff has found the justification submitted in support of waivers with respect to parking and maximum building height satisfactory, and therefore recommends that both waivers be granted. Prior to or concurrently with the processing of a site plan application, the applicant must submit a request for a Code Review with regard to Ordinance 07-007, or, alternatively, submit a waiver requesting relief from the "proportionality" requirements of this ordinance. The said requirements, pertaining to the comparative characteristics of market and workforce housing units, are not met by the proposed development. Following the DCA's review, final adoption of the land use amendment and rezoning should only be approved if a site plan for the development and the Code Review amending Ordinance 07- 007, or the waiver, are approved concurrently. Page 3 File Number: LUAR 07-002 Boynton Bay BACKGROUND The applicant is requesting a land use amendment and rezoning in order to permit the partial redevelopment of an existing for-rent residential development. The proposed redevelopment would result in the construction of three (3) structures in the center of the existing development; one (1) six-story structure and two (2) tiered structures ranging in height from four to six stories. The existing development consists of seventeen (17) two-story apartment buildings. The land use amendment and rezoning application, which would result in the provision of forty- five (45) for-sale workforce residential units, is accompanied by two requests for waivers of development regulations. Waiver applications include a request for a reduction in the number of required parking spaces and a request for an increase in maximum building height. Workforce HousinQ This is the first project proposed in accordance with the City's newly adopted workforce housing ordinance. According to Ordinance 07-007, a developer requesting a higher density land use and zoning category must provide workforce housing units. In this particular case, the developer is requesting the Special High Density Residential land use designation, which requires a set aside of twenty percent (20%) of the total number of proposed residential units in the development for workforce housing. Twenty-five percent (25%) of these units shall be set aside for Low Income Households, and seventy-five percent (75%) shall be set aside for Moderate Income Households, as defined by Ordinance 07-007. The ordinance currently mandates that the developer provide workforce housing units that include unit types in the same proportion as the market rate units through the following language: i. If the Development contains a mix of different types of units, (e.g. condominium, townhouse, detachecf, etc.), the proportion of workforce housing units of each type of total workforce housing units must be approximately the same as the proportion of market rate units of each type to total market rate units. The first of these proportionality requirements is not applicable in this case, as all units will be the same type. ii. If the Development includes both for sale and for rent units, the proportion of for rent Workforce housing units to for sale workforce housing units must not exceed the proportion of for rent market rate units to for sale market rate units. The second provision creates an unforeseen conflict in the case of this proposed development. It currently includes two hundred forty (240) workforce housing rental units; the new development would result in forty-five (45) for-sale workforce housing units and one hundred thirty-five (135) for sale market rate units. Since there are no for-rent market units, the above "proportionality" rule is not met. iii. The number of bedrooms per unit must be proportionate between workforce and market rate units. Page 4 File Number: LUAR 07-002 Boynton Bay The third provIsion also creates conflicts with the proposed development. With all existing units rented as workforce housing units, it would be impossible for the developer to achieve similar proportions of unit types (i.e. number of bedrooms) in the proposed, for-sale component. These last two provisions of Ordinance 07-007 are likely to be an issue in all requests involving major modifications of existing developments. In consideration of this and future applications, the City can consider amending the regulations to permit the disruption of proportionality under special circumstances. Alternatively, the applicant may submit a waiver application requesting relief from the "proportionality" requirements of this ordinance. The developer has the right to apply for waivers or reductions of development standards in cases in which compliance with a land development standard would preclude construction of a residential project in which workforce housing units are included. In these cases, the applicant is required to demonstrate that the waiver or reduction is necessary to make the workforce housing units economically feasible and that such a waiver or reduction would not compromise any of the City's life or safety standards. Waiver applications for this proposed development are discussed in detail below. The City of Boynton Beach Housing Needs Assessment (April 9, 2006) addresses the City's shortage of affordable housing in detail, and pays concentrated attention to different sectors of the City in particular need of relief. In the sections Affordability Gap by Owner Households and Affordabi/ity Gap by Renter Households, the report demonstrates that the affordability gap (the financial gap between median income and median housing costs) for the senior population is greater than the average affordability gap city-wide. The addition of affordable units available exclusively to senior residents should help address the shortage of affordable housing for the population age 55 and over. The term "workforce housing" by definition does not preclude these citizens, many of whom still are very active members of the workforce. The proposed development would include one hundred eighty (180) more affordable, age-restricted units and will maintain two hundred forty (240) existing affordable, age-restricted units. PROJECT ANALYSIS This land use amendment and rezoning pertains to a 21.07 acre parcel. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. A "large-scale" amendment is transmitted to the Florida Department of Community Affairs for their review and comment prior to adoption. Adoption must take place before the end of the 2007 calendar year and is tentatively scheduled for late November or early December of this year. MASTER PLAN ANALYSIS According to the Land Development Regulations, all development and redevelopment requiring a master plan must include the concurrent processing of the master plan with the application for a land use amendment and rezoning. A conceptual master plan was submitted with the original application, which is provided as Exhibit "B" and described below. Page 5 File Number: LUAR 07-002 Boynton Bay The conceptual master plan calls for the construction of three structures in the center of the existing Boynton Bay residential development. The existing two-story apartment buildings at the periphery of the property would remain primarily unchanged, with minor interior upgrades and few exterior alterations to be requested under separate applications for minor site plan modification and permit approval. The current circulation system would remain as-is. The construction of the new residential structures would result in the loss of the majority of current open space; the development would lose a tennis court, basketball court, large swaths of greenspace, and miscellaneous recreational amenities. In their place, the developer proposes to compensate with alternative facilities, including the addition of a second swimming pool, a landscaped water-body and other landscaping details, as well as miscellaneous passive amenities such as a beauty salon/barber shop, a general store/deli, a rooftop restaurant with ocean views, a clubhouse, and a therapy room. The perimeter of the existing open space would be fitted with parking spaces to accommodate the additional units as well as two drop- off/pick-up points. Waivers As indicated above, the developer is entitled to apply for waivers, or reductions of development standards in cases in which compliance with a land development standard would preclude construction of a residential project in which workforce housing units are included. In these cases, the applicant is required to demonstrate that the waiver or reduction is necessary to make the workforce housing units economically feasible and that such a waiver or reduction would not compromise any of the City's life or safety standards. In this proposed development, the application for a land use amendment and rezoning hinges upon the City's Workforce Housing ordinance. The developer has applied for two waivers, and has made a case that the project can not be completed without the granting of both. The two waiver requests are described as follows: 1. Parking - The addition of one hundred eighty (180) new units would create the need for a substantial increase in parking pursuant to Chapter 2, Section 11(H)(16)(a) of the Land Development regulations. The existing development consists of 240 residential units, which require a total of four hundred ninety-three (493) parking spaces. Five hundred thirty-four (534) parking spaces are currently provided on-site, providing a surplus of forty-one (41) spaces. Based upon the proposed plans for the site, an additional two hundred seventy-two (272) parking spaces would be needed to accommodate the additional residential units. The developer proposes to provide one hundred sixty-three (163) additional spaces, resulting in a project-wide shortage of sixty-eight (68) spaces. The developer has applied for a waiver to accommodate the reduction in the number of required parking spaces associated with the additional units. The applicant contends the City's parking regulations do not provide for reduced parking requirements for age- restricted communities despite evidence that senior residents utilize fewer cars than non-senior residents. Of the two hundred forty (240) existing units, the applicant has indicated that only one hundred ninety-five (195) currently have a vehicle registered. Currently, 75% of the affordable rental units are set aside for seniors aged 55 and older. A high percentage of these apartments are occupied by a single adult, many of which have either one or no car. The applicant states that transportation in the form of a shuttle and meal services are provided by the Mae Volen Senior Center, which escorts Page 6 File Number: LUAR 07-002 Boynton Bay residents of Boynton Bay to various locations throughout south Palm beach County by appointment. In addition, many of the residents use the public bus system and the trolley service that stops directly in front of Boynton Bay on NE 4th Street. The applicant also provided photographic evidence of the surplus of parking onsite. The photos, taken at three different times of day over the course of three different days, do clearly indicate that on-site parking is greatly underutilized. The applicant also provided extensive written evidence supporting the request for reduced parking requirements. The Institute of Transportations Engineers Parking Generation Manual 3rd Edition demonstrates that the peak parking demand at Senior/Adult Housing on a weekday is approximately one (1) parked vehicle per dwelling unit less than standard residential/townhouse parking demand. The Institute of Transportation Engineers Trip Generation Manual 7th Edition further supports this position with evidence of fewer trip generations per dwelling unit at adult housing facilities. Finally, the applicant has supplied a letter from traffic engineer Simmons & White, Inc. supporting the waiver request and demonstrating that the waiver will not negatively impact the City's life or safety standards. The applicant has submitted a declaration of restrictive covenant in order to secure the continuation of the development's age-restrictive status. This should assure that the development of the property will not cause parking congestion, and that any future development of the property, particularly that which may remove elderly housing requirements, would result in mandatory Commission review. The declaration will be recorded in the Public records of Palm Beach County and will run with the property. Staff has examined the evidence supporting the applicant's request for a waiver reducing parking requirements. The Institute of Transportations Engineers supports the assertion that fewer spaces are provided for age-restricted communities such as this. The professional opinion of a local engineering firm supported by statistical data also lends great support to the request for a waiver, and the photographic evidence demonstrates that parking is already greatly underutilized. Staff is convinced that a waiver would not compromise any of the City's life or safety standards while assisting the developer construct workforce housing units, and therefore supports granting the waiver of parking requirements. 2. Height - The developer has also requested a waiver to increase the maximum structure height from 45 feet to 63 feet - 3 inches. The applicant is requesting an increase in maximum height in order to construct at six (6) stories, stating that this increase is critical to the economic feasibility of the proposed redevelopment in order to (a.) help preserve existing affordable senior rental housing, (b.) counter land costs, and (c.) accommodate the cost to develop well-conceived community facilities that will attract active senior home-buyers. o The applicant states that a capital influx is necessary to counter the expiration of tax credits established over fifteen (15) years ago. These credits required the developer to maintain housing at affordable levels for seniors over age fifty-five (55) with income below sixty percent (60%) of the area median income. With the expiration of these credits in December of 2006, there is no longer a source of capital available to maintain the property at its current affordability. The Page 7 File Number: LUAR 07-002 Boynton Bay proposed development will allow the applicant to redevelop the property through an extensive capital improvement plan. o The applicant met with the Florida Housing Finance Corporation regarding the release of the collateral of the 2 acres from the mortgage on the rental community. The Florida Housing Finance Corporation stated that as a lender on the property they require the applicant to pay down existing loans in an amount equal to the appraised value for the land/collateral that will be released from the note plus the value of any required easements. The applicant is in the process of obtaining an appraisal, and estimates that value will be approximately $2 million. The applicant states that the increase in land costs over recent years has led to difficulty in accomplishing the proposed development as it currently stands. The increased height will allow the cost of land to be distributed over a greater number of units, generating an economically feasible land basis for the overall development. o The applicant states that a lower maximum height would require either the demolition of existing rental units and/or a reduction in the quality of the proposed development to a point that would render the project unfeasible due to lack of interest in an uncompetitive product. Staff has considered the applicant's request for a waiver to increase maximum building height from forty-five feet (45') to sixty-three feet three inches (63' 3''). The project pro forma submitted with the application for the waiver demonstrates the financial infeasibility of the project when producing fewer than the proposed one hundred eighty (180) for sale units. The developer has worked with staff to attempt to mitigate the difference in the proposed heights and those of surrounding buildings. The original plans called for the two larger structures to the west (those closest to the abutting single-family residential neighborhood) to provide consistent massing from the first through sixth floors, with twelve (12) units per floor throughout the structures. In order to soften the change in maximum height between the proposed structure and neighboring residential, the developer has altered the design of the structures to create a layered, ascending silhouette. In this altered plan, the single-family neighborhood would abut the existing two-story apartment structures which form the periphery of the development, which would then abut the first tier of the proposed structure at four stories (the currently approved maximum structure height). The first four stories would provide twelve units per floor. The structure would climb to five stories, at eight units per floor, before culminating in a pinnacle at six-stories, where six units would top the structures (see exhibit B). The applicant has also positioned the proposed structures so as to distance them as greatly as possible from the adjacent single-family homes. To the west, single-family subdivisions abut the development's existing two story apartment buildings. The proposed buildings are to be located eastward across an interior street from the single- family homes, over one hundred fifty-six feet (156') from the property line. The buildings would also be over one hundred seventy-six feet (176') from the abutting properties to the south and over two hundred fifty-nine feet (259') from abutting Page 8 File Number: LUAR 07-002 Boynton Bay properties to the north. The property line to the east would be over four hundred eighty feet (480') to the east of the easternmost building. The applicant has demonstrated that providing workforce housing units within the current maximum building height of forty-five feet (45') is financially unfeasible. The applicant has worked with staff to mitigate the potentially negative impacts of the proposed development, and the proposed re-design has successfully accomplished this. Therefore, staff recommends that the waiver for an increased maximum structure height be granted. Pro forma As indicated above, in applying for waivers the developer is required to demonstrate that the waiver, or reduction of development standards is necessary to make the workforce housing units economically feasible and that such a waiver or reduction would not compromise any of the City's life or safety standards. The applicant submitted one project pro forma assuming a maximum building height of three stories and resulting in a net loss of over $900,000. The applicant submitted a second project pro forma which assumes a maximum building height of six (6) stories and one hundred eighty (180) for sale units, resulting is a net profit of approximately $4,000,000. The applicant has stated that the second scenario providing a maximum building height of six (6) stories within selected sections of the proposed development provides the minimum number of units and thus the minimum profit at which the developer considers the project feasible. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property is not located in the hurricane evacuation zone. Therefore, this section of the criterion is not applicable. Staff has considered the application for a change in land use and rezoning in light of the Comprehensive Plan. The project is clearly consistent with several of the City's policies, while a number of others raise issues that need to be addressed. The proposed development is consistent with the following City objectives and policies as established in the Comprehensive Plan: Page 9 File Number: LUAR 07-002 Boynton Bay . Objective 1.13 (Future Land Use Element) Discourage urban sprawl by creating a compact urban area within the City and the City's utility selVice areas. The proposed development would result in intensifying density within an established residential area, within an area already serviced by established City utilities and other infrastructure. . Policy 1.16.1 (Future Land Use Element) The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for otherwise in the Problems and Opportunities section of this element, shall correspond to the Future Land Use Plan in accordance with the following descriptions of land use categories... Special High Density Residential: This land use category... may be applied in other areas of the City when utilized in conjunction with the provision of affordable housing. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a gross density of not more than 20.0 dwelling units per acre... In December of 2006 the City adopted the Comprehensive Plan text amendment, removing the restriction that limited the application of the Special High Density Residential Use Category to specific areas east of 1-95. Permitting this land use designation with the residential density of 20 units per acre throughout the City for developments providing affordable housing is intended to be a powerful policy tool for the promotion of affordable housing. The subject request is the first one to take advantage of this amendment and it is fully consistent with its intent. . Policy 1.19.1 (Future Land Use Element) The City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements, including the provision of adequate sites for housing very-low, low-, and moderate income households and for mobile homes. The Housing Needs Assessment indicates that the City is in need of affordable housing, and the redevelopment would provide a range of for-rent and for-sale housing types, for potential residents. With the implementation of workforce housing regulations, the proposed development will further address the policy's call for the provision of housing affordable to low well as moderate-income households. . Policy 6.1.1 (Housing Element) The City shall provide information, technical assistance, and explore possible incentives with the private sector to maintain a housing production capacity sufficient to meet the community needs. Possible incentives could include assistance in land assembly, below market rate financing, allowances to build on nonconforming lots, and density increases. The proposed development provides an opportunity for the City to assist the private sector in maintaining housing production consistent with the City's needs. Page 10 File Number: LUAR 07-002 Boynton Bay The characteristics of the proposed development raise issues with regard to the following City objectives and policies as established in the Comprehensive Plan: · Objective 1.15 (Future Land use Element) The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses/ and mixed-use projects in locations which are appropriate/ and utilize other innovative methods of regulating land development · Policy 1.17.5 (Future Land use Element) The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhood~ by preventing conversions to higher densities/ except when consistent with adjacent land use~ or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. The proposed development would create structures reaching six stories in the midst of an otherwise relatively low-rise residential community which currently consists almost exclusively of one and two-story residential structures - the only three-story buildings are townhomes of the development named The Preserve, located east of the subject property, across the right-of-way of NE 4th Street. The structures would create a major shift in the existing community elevations, and surrounding single-family residential developments may be negatively impacted by the change. The applicant has requested a waiver of maximum height requirements to permit a maximum height of sixty-three feet three inches (63/ 3/') where current regulations permit up to forty-five feet (45'). Further, the proposed change in land use would increase density from the existing 10.8 dujac to a maximum of 20 dujac, and contrast the density of 4.84 dujac allowed in the adjacent single-family neighborhoods. The applicant has mitigated the effect of the height difference by: o locating the proposed structures at the very center of the existing development; o creating ascending tiers within each of the two most eastward buildings: the existing two-story buildings would abut four-story units, which climb to five stories before providing six residential units at six stories. This layered effect helps soften the discrepancy between the surrounding homes, while still providing the applicant the units necessary to make the proposed development economically feasible; o positioning the proposed buildings to maximize distances to adjacent single- family neighborhoods: to the west, neighboring single-family residential abuts the development/s existing two-story apartment structures. The proposed structures would be located eastward across an interior street from the single- family properties, over one hundred fifty-six feet (156') from the property line. The structures would also be over two hundred seventy-six feet (276') from the abutting properties to the south and over two hundred fifty-nine feet (259') from abutting properties to the north. The property line to the east would be over four hundred eighty feet (480') to the east of the easternmost structure. Page 11 File Number: LUAR 07-002 Boynton Bay Staff concludes that this design adequately mitigates negative impacts on the surrounding single-family neighborhoods. The proposed development of the site calls for nearly twofold increase in density. Ordinarily, a density of 20 units per acre may be considered incompatible with existing single-family residential land uses. However, the City's growth, coupled with increasing land cost, will continue to raise the average density in areas east of 1-95. The increased densities will call for new and innovative design characteristics of new projects, allowing for a more successful mitigation of land use conflicts and smoother transition between low-and higher density developments. This is especially the case for projects with workforce housing component; given the well-documented need, more will eventually request higher density and attempt to develop or redevelop sites that would require very creative design to mitigate negative impacts. The unique site characteristics of the proposed development allows for such a design, which successfully accommodates the higher density and increased height, mitigating negative impacts on the surrounding neighborhoods to the greatest extent possible. The new structures would be located at a significant distance from existing residential neighborhoods at the very center of the community, and the structures themselves have been designed to rise from the outside in, providing a gradual increase in height from the development's periphery to the maximum height. There should be no significant change in local traffic patterns as a result of the proposed development. The impact would be limited to NE 4th Street, but as per the review of the City Engineer, local streets will operate at acceptable levels of service. Since all new units will be age-restricted, lower trip generation is expected. The main benefit to the City is the creation of forty-five (45) for-sale workforce housing units and the maintaining of two hundred forty (240) rental workforce housing units. Staff concludes that the mitigation of the project's potential negative impacts is effective enough for its benefits to offset any remaining concerns. b. Whether the proposed rezoning would be contrary to the established land use pattern or would create an isolated district unrelated to adjacent and nearby districts/ or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The applicant has responded to this criterion by stating that "The proposed land use amendment/rezoning would not create an isolated district and would relate to other properties in the area that are currently or will be part of the revitalization of the area". The applicant states that the proposed land use amendment/rezoning will not be contrary to the established land use pattern. As discussed in the section above, staff recognizes that the increase in density from 10.8 to 20 units per acre creates potential negative impact on surrounding neighborhoods, especially on the low-density neighborhoods to the north and west of the subject property. However, proposed project design includes a number of features mitigating this impact. The tallest structure area will be directly east of the development, across NE 4th Street, where a "nearby district" - a new residential Page 12 File Number: LUAR 07-002 Boynton Bay development named The Preserve - has similar Special High Density Residential land use designation and structures reaching three stories. Thus, the proposed land use amendment and rezoning would be a continuation of the Special High Density Residential land use designation of The Preserve. This proposed development may foreshadow future development which will likely reach similar densities and heights, especially in light of increasing costs and the significant scarcity of land in the surrounding area. c. Whether changed or changing conditions make the proposed rezoning desirable. The proposed project addresses one of the City's major concerns in assuaging the current affordable housing crisis. The workforce housing shortage has been recognized as a "Major Issue" for the City in the 2006 Evaluation and Appraisal Report of the Comprehensive Plan. Although not a completely new development with a workforce housing component, the project would create forty-five for sale workforce housing units and maintain two hundred forty (240) rental workforce housing units as defined in Ordinance 07-007. d. Whether the proposed use would be compatible with utility systems/ roadways/ and other public facilities. The proposed mixed-use development is compatible with utility systems, roadways, and other public facilities. This conclusion is based on the following analyses: Potable Water and Sewer Demands for water and sewer capacity will increase due to the addition of 180 residential units onto the site. Total project demand for potable water is estimated to increase to 105,000 gallons per day (currently 60,000 gallons per day); demand for sewer capacity is estimated to increase to 84,000 gallons per day (currently 48,000 gallons per day). The applicant states that no water system improvements would be necessary to accommodate the additional water flows. Also, the applicant states that after discussions with City staff, preliminary evidence indicates that the existing sewage collection system is adequate to accommodate the additional sewage flows. The following is the information regarding the city's water and sewer capacity: Water Plant capacity Committed or allocated capacity* SFWMD permitted withdrawals Contracted amount to purchase from County Wellfields' permitted capacity Wellfields' committed capacity Wellfield's remaining capacity Expiration date of water use permit 34 MGD peak daily flow 24.05 MGD peak daily flow 21.5 MGD annual average daily flow 5 MGD peak daily flow 21.5 MGD annual average daily flow 16.5 MGD annual average daily flow 5 MGD annual average daily flow August 14, 2010 Sewer Plant capacity 24 MGD annual average daily flow Committed or allocated capacity* 19 MGD annual average daily flow * Committed and allocated capacity includes current flows and future flows committed for projects that have been approved but not yet completed Page 13 File Number: LUAR 07-002 Boynton Bay There are modifications but no expansions planned for either Water or Sewer plant. The City will file application for Wellfield permit withdrawal increase to 24 MGD from the surficial aquifer and 8 MGD from the Floridan aquifer. Traffic Palm Beach County traffic analysis projects the creation of 1,358 additional daily trips. As the Palm Beach County Traffic Division promotes residential developments within the designated "Coastal Residential Exception Areas", and because of the residential nature of the proposed development, the County has indicated that it will not object to the proposed land use development. Locally, City staff has carefully reviewed traffic impacts from this project with particular emphasis placed on local City roads and concluded that all local streets will operate at acceptable levels of service. Both the City and County staff paid careful attention to Gateway Boulevard, which is expected to comply with County and City standards related to traffic impact. Schools The project has received approval from the Palm Beach County School District regarding school concurrency. The determination is valid for one (1) year from the date of issuance (April 24, 2007). Once a development order has been issued for the project, the concurrency determination will be valid for the lifetime of the Development Order. Solid waste The Palm Beach County Solid Waste Authority has determined that sufficient disposal capacity exists through approximately 2021. Drainage Drainage will be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The compatibility issues and impact mitigation measures utilized in the project's design have been reviewed in sections above. The proposed land use amendment/rezoning would be compatible with the Future Land Use of The Preserve project located east of the subject property. The proposed development may foreshadow future development which will reach similar densities and heights, especially in light of increasing costs and the significant scarcity of land in the surrounding area. The proposed development is likely to have a positive effect on the property values of adjacent and nearby properties. It will improve the overall aesthetic quality of the neighborhood, while serving several beneficial roles in the City in general. The successful development as proposed would provide a good example of the implementation of the City's new Workforce Housing Ordinance, and may encourage other developers to undertake similar developments, increasing the City's supply of affordable housing units. The proposed development may also serve as a catalyst for more redevelopment efforts in the area, improving an ageing housing stock. Page 14 File Number: LUAR 07-002 Boynton Bay f. Whether the property is physically and economically developable under the existing zoning. The applicant responds to this criterion by stating that the SHDR land use and PUD zoning designation would economically and physically permit the property to be developed. However, no consideration is given to the question of existing land use and zoning. The applicant suggests and supports through the provided pro forma that the redevelopment is economically unfeasible without the increased density and building height. The primary constraints for the proposed development are maximum densities and height of the R-3 Zoning district. R-3 permits maximum density of 10.8 dujac, nearly one-half what the developer claims necessary to make the project economically feasible. The proposed project appears to achieve financial feasibility only at densities approaching 20 dujac. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The applicant states that the proposed land use amendmentjrezoning is of a beneficial scale to the neighborhood and City as a whole. Staff, however, fully acknowledges the compatibility issues stemming from the project's significant increase in density and height. Staff also recognizes that the mitigation measures employed in the project design address these issues to an extent possible, and the benefits of the project are thus likely to outweigh its remaining negative impacts. In terms of benefits to the neighborhood, the project will improve its overall aesthetic quality and will probably have a positive effect on the property values of adjacent and nearby properties. As noted before, the proposed development may also serve as a catalyst for more redevelopment efforts in the area, improving an ageing housing stock. The project's main benefit for the City is the expansion of the inventory of workforce housing. The successful development as proposed would provide a good example of the implementation of the City's new Workforce Housing Ordinance, and may encourage other developers to undertake similar developments, further increasing the City's supply of affordable housing units. Lastly, it increases the City's tax base. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The City's vacant land inventory is very low. The 2006 analysis shows five (5) vacant residential parcels of 2 or more acres. However, the main issue is the expansion of the City's affordable workforce housing stock. The workforce housing shortage is severe, and it is likely to remain so even as the current residential real estate slump puts a downward pressure on prices. The workforce housing ordinance established requirements which should begin to add units to the workforce housing stock to ease the shortage. Projects that produce such units need to be promoted, assuming that compatibility issues are adequately resolved. The scarcity of vacant land as well as density requirements imply that a great majority of workforce housing units will be built in redevelopment projects. Page 15 File Number: LUAR 07-002 Boynton Bay CONCLUSIONSI RECOMMENDATIONS As indicated herein, this request is consistent with the policies of the Comprehensive Plan that encourage creation of housing for low-and moderate income households and thus will contribute to the overall economic development of the City. It has also been established that the proposed development will not create additional impacts on infrastructure that cannot be accommodated within existing capacities. Lastly, staff concluded that the compatibility issue has been adequately addressed through project's design which effectively mitigates potential negative impacts on the surrounding single-family neighborhoods. The project's benefits are significant enough to offset any remaining concerns. Staff has examined the evidence supporting the applicant's request for waivers reducing parking requirements and increasing the maximum building height. The Institute of Transportations Engineers supports the assertion that fewer spaces are provided for age-restricted communities such as the proposed project. The professional opinion of a local engineering firm supported by statistical data also lends support to the request for a waiver, and the photographic evidence demonstrates that parking is already significantly underutilized. Staff also concludes that the proposed project design successfully accommodates the increased height, mitigating negative impacts on the surrounding neighborhoods to the greatest extent possible. Therefore, staff recommends that the waiver for the increased maximum building height be granted. Staff is convinced that a waiver with respect to parking and maximum building height would not compromise any of the City's life or safety standards while assisting the developer to construct workforce housing units. Prior to or concurrently with the processing of a site plan application, the applicant must submit a request for a Code Review with regard to Ordinance 07-007, or, alternatively, submit a waiver requesting relief from the "proportionality" requirements of this ordinance. The said requirements are not met by the proposed development. Therefore, staff recommends that the land use amendment and rezoning be approved for transmittal to the Florida Department of Community Affairs for their review and comment. However, following the DCA's review, final adoption of the land use amendment and rezoning should only be approved if a site plan for the development and the Code Review amending Ordinance 07-007, or the waiver, are approved concurrently. S:\Planning\SHARED\WP\PROJECTS\Boynton Bay\LUAR 07-002\Staff report Boynton Bay.doc Exhibit "A" - Site Location Map Boynton Bay -.-j r- f.;.; }_ c;2 ---i-- o 137.5 275 - -- 550 825 1,100 I Feet N w*, s ,..:,.-"......m-',,-, ...,....,n .., ..____.~___~_".____m_____~ ____~__"____ --.-----~---.----.--.- , .~... <<....""" ,,,. ,,,...,......... "..""_,,,,,... w..n. ..........' ".,~n'" "n "...,.,"""~_.. ".'" ..."..~.--. "" .......,~ ~". ".~, .r, .....V~ ''''' ,,,.......,,' ,un'" ~_-...,..,,,,..... ,........... ............." nnu''''''' ............~'... ',,,,,,,, "....-" ..,.,..,.,....-.' ...,,,,,.~',,, ~",.,. ., EXHIBIT "B" CONCEPTUAL SITE PLAN _ ._..~L.o_ .~.._ 0- .~-.._.._oo_."_.'- l' I I I I I I ! i I I 1 I ! i j I 1 I i I ',1 i I :4__"____' --1 I i ~G, i 0 i Z j . ! ! i i j 1 I i I ! i J- '~b L.._.._,;\. ,---,.1 "1-..-..[ lr7~~o=~--lT~\~~ 'I : l.----:e 1--", I ' I ..1 I I 1-. I l1! - , :-=--j: -------------l - I ______________,___J 0_0._..-..----. _.._0._'.-"-"- _,? i"l:- ~ ~ -t- -.._.._0'_0 I -.,-,,_.,_0._00_' .-..-..-..-..-. _.._.._.._..J ~C7 / . J I [j '-, ' %1 ~ :'';. tV ;11 , d) ,ll J_ . ji -. I,. ::. rr'lr : ~ ! ~ "0 I~ d~ i: I,~, ~~ ~~I!ll ",<,,! 7, "".., " 1 ~ ~;~!!;- . . .. p ~ ; i:,. ~ ~ " i~ I ! i I I I I I L..- --' EXHIBIT "B" Proposed Building Location o 0 02~9'U U 0 ~ f . .,- ..- -., ! 15S-m:nx~J{[Jj;Ct~ ;0 : [,~ ! 'f1---ftfomTfl_~ - . ,W U ')... .~ ~ EXHIBIT "B" Proposed Building Massing MINUTES OF THE PLANNING AND DEVELOPMENT BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA JULY 24, 2007 AT 6:30 P.M. 7. New Business A. Boynton Bay Land Use Plan Amendment/Rezoning DESCRIPTION: Boynton Bay (LUAR 07-002) Weiner & Aronson, P.A. The Hamjet, LTD. West of Federal Highway and south of Gateway Boulevard Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential (HDR) to Special High Density Residentiai (SHDR): and 1. PROJECT: AGENT: OWNERS: LOCATION: Request to rezone from Multi-Family Residential (R-3) to Planned Unit Development (PUD) PROPOSED USE: Residential development consisting of 420 residential Units (240 existing for-rent units, 180 new for-sale Units) for an overall density of 19.93 dwelling units per acre (dujac). Chair Wische read the request. Hanna Matras, Economic Planner, advised this was the first project utilizing the provisions of the workforce housing ordinance approved April 3, 2007. The project was a redevelopment of an existing project and was age-restrictive. The workforce housing ordinance did not provide any restrictions as to households with the traditional labor force age, as a large percentage of the population over the age of 55 still worked. The ordinance provided the developer would have to sell 25% of 45 units to low-income households. The remaining 75% would be sold to moderate-income households. She pointed out the development currently included 240 workforce housing rental units which were affordable. Financing of this project would ensure the units remained affordable. 1 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 Gabriel Wuebben, Planner, discussed the request which was made by the applicant for a property that consisted of approximately 21.07 acres. As a result of the size of the property, the Florida Department of Community Affairs classified the amendment as a large scale amendment, and as such, was required to be transmitted to the Florida Department of Community Affairs (DCA) for review and comments prior to adoption. It was necessary for adoption to occur prior to the end of the 2007 calendar and was tentatively scheduled for late November or early December 2007. The proposed development would result in the construction of three structures in the center of the existing development, which consisted of 17 two-story rental buildings. The applicant had positioned the taller structures toward the center of the development, and the structures were a significant distance from the surrounding single-family residential neighborhoods. The residential structures would usurp a significant amount of green space, resulting in the loss of recreational amenities. The developer would compensate for the loss with alternative facilities, including a second swimming pool and landscaping, and passive amenities, including a beauty salon/barber shop, a general store and a rooftop restaurant. This project would be brought back with a site plan for review and evaluation. Pursuant to the workforce ordinance, the developer was permitted to apply for waivers of development standards where compliance could preclude the construction of the project's workforce housing units. The applicant applied for a parking waiver to accommodate the reduction in the amount of required parking spaces associated with the additional units. The applicant also applied for a waiver to increase the maximum structure height from 45 feet to 63 feet, 3 inches. Staff evaluated the application, and careful consideration was given to the project's compatibility with the City's Comprehensive Plan. The project was compatible with the Comprehensive Plan's delineation of standards, and contributed to the overall economic development of the City by reducing the workforce housing shortage and generating tax revenue for the City. It was not anticipated this project would significantly impact the infrastructure not already accommodated. A potential issue was the request for an increase in the maximum height. However, the applicant had worked closely with staff to assuage whatever difficulties existed. Staff concluded the mitigation of the project's potential negative impacts, if any, was effective enough for its benefits to offset any remaining concerns. In consideration of the applicant's efforts to soften the effect of the increased height, staff was in support of the project. Staff therefore recommended the land use 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 amendment and rezoning be approved for transmittal to the DCA for their review, and then final adoption of the land use amendment and rezoning be approved concurrent with the site plan submission. Chair Wische called for comments. Jason Mankoff, Weiner & Aronson, P.A., discussed the staff report and the merits of the proposed project. Chair Wishe opened the floor for public hearing. Ron Perella, 311 NE lih Avenue (the Four Sea Suns Condominium Association, which was the property directly to the south of Boynton Bay), advised he requested Tom Hinners clean up the boundary separating the properties and attend to the condition of the fence, overgrowth of vegetation, and tall trees. Mr. Perella was assured of Mr. Hinners' plans to attend to these issues in April 2007. Survey stakes were observed on the Association's property. Thereafter, Mr. Hinners met with the Association's board members and outlined his plans for one building in the center of his property. The Association received notice of this hearing and presented letters from the residents in opposition to the project. Concerns also pertained to increased traffic, fire and police protection, safeguarding of the boundary line, parking and roadways. Mr. Mankoff believed the applicant would resolve any issues. The property had already been developed and the fa<;ade would be improved. He advised the project was required to comply with traffic requirements and would include several amenities. Additional roadways were proposed. Tom Hinners, representing Boynton Bay, advised he had discussions with board members of the Four Sea Suns Condominium Association and was informed any development in the neighborhood would be welcomed. Landscaping of the boundary was anticipated in September 2007. Approximately $6M would be expended to improve the existing Boynton Bay development. Boynton Bay's surveyors determined the survey sticks were placed at the property line. There were no plans to utilize that land. As to the roadway, Mr. Hinners invited the residents of the Four Sea Suns Condominium Association to become part of the Boynton Bay community by fencing in their property, and allow them to utilize Boynton Bay's gatehouse entrance. Security guards were currently situated at the property's entrance from 8:00 p.m. until 2:00 a.m., and police officers reside within the community. The proposed development would allow for 24- hour security service. Chair Wische closed the public hearing. Mr. Mankoff addressed concerns of the board and advised the area to be developed 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 consisted of a total of approximately 21 acres, with 2-1/2 acres in the center of the property. The 55-and-older age restriction applied to the parking waiver. The applicant had submitted a declaration of restrictive covenant in order to secure the continuation of the age-restrictive status. There were no plans to provide designated parking spaces. Cito Beguiristain, Vice President, Auburn Development, discussed affordable housing, and set forth the criteria established with respect thereto. A percentage of the units were required to be affordable for renters 62 and older, and a percentage for 55 and older. Dan Carter, 74 NE 5th Avent..:e, Delray Beach, landscape architect, currently had a permit from the City to re-Iandscape the entire perimeter area to re-establish the native scrub buffer, along with other materials to provide adequate buffers. He also met with Mr. Hinners in order to further finesse the plan. Steve Myott, 3012 Fernwood Drive, advised there currently was a sidewalk located on one side of 4th Street, and there would be significant sidewalks for pedestrian use within the new development as well. Mr. Casaine contended additional facts and data, including an analysis of low and moderate income units, and the subsidy element for low-income housing, was needed in order for the board to come to a decision with respect to the project. He believed the County's figures did not address the needs of Boynton Beach in terms of median income. Without the proper financial data, workforce housing could be defeated. He believed the project should be submitted to the DCA first and thereafter, the board could make an evaluation and recommendation to the City Commission. City Attorney Horowitz advised, procedurally, the State Statutes set out an order in which the process would go forward. The City's Code of Ordinances also provided an order of operations. The City Attorney's office was currently in the process of discussing a declaration of strict covenants on this property. Ms. Matras advised there was no data for the City with regard to workforce housing. Federal and State programs were based on County-wide incomes. The CRA programs were based on the County's income, as were all City programs. The American Community Survey had now included Boynton Beach in its survey. However, the survey was limited, and the income data indicated a high margin of error and was not sufficient for staff's use. Therefore, staff based the program on the County's income. Additionally, current data was required, as the most recent data for Boynton Beach was based on the 2000 Census. All subsidy programs were based on County incomes. The workforce housing ordinance provided for income qualifications relating to eligibility. All purchasers of the condominiums would be required to proceed through the City's 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 Community Development Department, and staff would ensure the income requirements, as well as any other subsidies, were met. Mr. Mankoff pointed out, with regard to current and future applications involving major modifications of existing developments, the City could consider amending regulations to permit the disruption of proportionality under special circumstances. The applicant could also submit a waiver application requesting relief from the proportionality requirements of the workforce housing ordinance City Attorney Horowitz advised, from a procedural standpoint, there were currently two issues to be decided tonight. The first pertained to the Land Use Plan Amendment, and the second to zoning. A separate motion would be required for each issue. Ms. Matras advised if the board were to render a decision, the project would go before the City Commission in August 2007, and within ten days of the City Commission meeting, at the City Commission's discretion, the matter would be recommended for transmittal to the DCA. The City Commission was the local planning agency, and the Planning and Development board served as an advisory on this issue. Motion Mr. Casaine moved to table this issue until the next board meeting in order for staff to provide the additional information to the board so that the board could render a recommendation to the City Commission. Vice Chair Hay seconded the motion. Chair Wische opened the floor for discussion. The board discussed whether tabling the item would delay submission to the DCA, as well as eligibility criteria required for purchasers of the proposed units. The board suggested additional items to be provided by staff include formulas and analyses as to income; anticipated income or revenue from the formulas; and the actual figures to be presented by staff to the City Commission. Ms. Matras addressed the timeframe issue pertaining to submission of the item, adding it would have to be brought back in 2008, as staff would be submitting the EAR-based (Evaluation and Appraisal Report) Amendment to the Comprehensive Plan. Thus, the item would not be submitted until February or March 2008. City Attorney Horowitz contended the developer might favor an unfavorable recommendation, rather than a tabling, simply in the interest of timing. Mr. Mankoff advised there were many issues other than scheduling issues. He believed 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 the board was provided with enough information to recommend approval or denial to the City Commission, but would request, as a result of the uncertainty of the timing, the board vote on this matter tonight. Ms. Matras advised staff could not provide information other than what was supplied, as the data on the income levels did not exist. The applicants, when purchasing the units, would go through the Community Development Department. The income would be verified and the applicants would either qualify or not. Motion Mr. Casaine wished to withdraw his previous motion, and moved to approve the request made by the petitioner with the following caveats: (1) a formal meeting be held with the residents present tonight, in order to assist them in the resolution of their issues; and (2) City staff provide the City Commission with numbers that reflected median incomes for Boynton Beach. Attorney Horowitz advised two separate motions were required, one addressing the density and one addressing the zoning. Thereafter, at the board's discretion, a third motion could be made directing City staff as to the provision of median income data. Motion Mr. Casaine moved the board accept the density proposed by the petitioner. Vice Chair Hay seconded the motion which passed 6-1, Mr. Blehar dissenting. Motion Mr. Casaine moved the board accept the zoning presented by the petitioner, with the understanding they would meet with the residents who expressed concerns regarding their property lines. Vice Chair Hay seconded the motion that passed 6-1, Mr. Blehar dissenting. Motion Mr. Casaine moved to request City staff present the numbers available regarding the median income of Boynton Beach. Chair Wische passed the gavel to Vice Chair Hay, and seconded the motion. Vice Chair Hay opened the floor for discussion. The board discussed staff's eC'lrlier contention that income data was not available, 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 notwithstanding, at a meeting attended by various City boards, staff pointed out the income levels of Boynton Beach were well below the County median. Ms. Matras advised consistently, until the year 2002, the Boynton Beach median income was approximately $8,000 lower than that of the County. There would be no reason the situation would reverse in 2007. The American Community Survey had now included Boynton Beach, and provided both the median family and median household incomes. However, as the sampling was insignificant, the margin of error was extremely high. The income for Boynton Beach was $38,000, plus/minus $8,000. This was not a sufficient estimate for staff to use and, as other figures were used in subsidy programs, it was impractical to have those programs be inconsistent. A plus/minus $8,000 margin of error was a huge margin of error. Staff would not be advised to use this for the programs that were otherwise subsidized. Thus, the formula utilized the County's income. Mr. Casaine withdrew his motion based on the comments of Ms. Matras. Chair Wische withdrew his second. The meeting recessed at 8:23 p.m. and reconvened at 8:30 p.m. B. Children's Services Council Height ExceDtion 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Children's Services Council (HTEX 07-003) Christopher H. Miller, Architect 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request for height exception of eight (8) feet - six (6) inches above the maximum building height of 45 feet allowed in the PID zoning district for rooftop equipment. Chair Wische read the request. Mr. Lis recused himself from the issues pertaining to Projects #1 and #2, as he was employed by the same company that employed the presenters. Christopher H. Miller, Architecture 6400, Inc., 300 SE 2nd Street, Fort Lauderdale, stepped forward to indicate he was present. Chair Wische opened the floor for public hearing. No one having come forward, public 7 ~".,'\,":'_Cl"'..'.' ... .'"", ,/' ""., / . \ ,m \ ~.:r '0\, . Iv ,.", / \r It, ;::-0 N.~-"0 V VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORi"l Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office ~ August 21, 2007 August 6, 2007 (Noon.) 0 0 September 4, 2007 August 20, 2007 (Noon) 0 0 September] 8, 2007 September 3, 2007 (Noon) 0 0 October 2, 2007 September] 7,2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office October] 6,2007 October], 2007 (Noon November 7, 2007 October ]5, 2007 (Noon) November 20, 2007 November 5, 2007 (Noon) December 4, 2007 November 19, 2007 (Noon) C) -.J c.... c:: r- N RECOMMENDATION: Please place this request on the August 21, 2007 City Commission Agenda uncfrtl Public Hearing. The Planning and Development Board on July 24,2007, recommended that the request be approvad. further details pertaining to this request, see attached Department Memorandum No. 07-070. :JI: .r:- Consent Agenda o o o o o City Manager's Report New Business NATURE OF AGENDA ITEM o o o o ~ Announcements/Presentations Administrative N c....> o n=i -1-< -<0 0" iCO f'T10 ::::;)-<. A:Z: Fe;-. o Oz ",OJ ~", C"'>:> ",C"'> :J: Code Compliance & Legal Settlements Public Hearing Legal Unfmished Business EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Children's Services Council (HTEX 07-003) Christopher H. Miller, Architecture 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request for height exception of eight (8) feet - six (6) inches above the maximum building height of 45 feet allowed in the PID zoning district for rooftop equipment. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ')/J~ ~~ger's Signature Assistant to City Manager ~ ~~ ~ Chy Attorn,y / Fman" S:\Planning\SHAREDlWP\PROJECTS\Quantum Lot 9] \Children's Services Council\HTEX 07-003\Agenda Item Request Children's Serv Council HTEX 07 -003 8-21-07.doc 2J.J~k~ Development Depa ent Dire or S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07- 070 Chair and Members Planning & Development Board Michael RumpLJ- Director of Planning and Zoning Ed Breese ~ Principal Pla~~pJ July 3, 2007 Children's Services Council / HTEX 07-003 Height Exception Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: Children's Services Council of Palm Beach County Mr. Christopher H. Miller, Architecture 6400, Inc. Mr. Christopher H. Miller, Architecture 6400, Inc. Lot 91 of Quantum Park, NE corner of Gateway Boulevard and High Ridge Road (see Location Map - Exhibit "A") Industrial (I) Planned Industrial District (PID) No Change No Change Height exception associated with the construction of a three (3) story, 100,000 square foot office building 6.53 acres Gateway Professional Center to the northwest and to the northeast, the Tri-Rail station, both with an Industrial (I) land use designation, and zoned Planned Industrial Development (PID); Right-of-way for Gateway Boulevard, then farther south vacant Lots 81 & 82 in Quantum Park, owned by the City Of Boynton Beach, with an Industrial (I) land use designation, and zoned Planned Industrial Development (PID); Right-of-way for the CSX Railroad, then farther east right-of-way for Interstate 95; and Page 2 Children's Services Council HTEX 07-003 Memorandum No. PZ 07-070 West: Right-of-way of High Ridge Road, then farther west Quantum Park and Village North mixed use project with an Industrial (1) land use designation, and zoned Planned Industrial Development (PID). BACKGROUND The Children's Services Council received approval to construct a three (3) story, 100,000 square foot office building on August 16, 2005. The building measures 46 feet in height to the top of the parapet wall, which is within code maximum of 45 feet plus 5 additional feet for parapet walls. However, after approval and the start of construction, the project manager realized that the rooftop equipment, not depicted on the approved drawings, would not be concealed by the parapet and would exceed the maximum allowed height. According to the applicant, the increase in size of the equipment was the result of a code change in the Florida Mechanical Code, mandating an increase in the atrium smoke evacuation volume by four (4) times. The atrium exhaust fan extends to a height slightly in excess of 53 feet. The maximum allowable height for the PID zoning district is 45 feet. With the top of the parapet wall at 46 feet, the equipment will not be adequately screened. The applicant originally proposed an enclosure designed to screen the exhaust fan, which would have brought the total height to 53 feet - 6 inches. The applicant therefore requested a height exception of eight (8) feet - six (6) inches above the maximum building height of 45 feet allowed in the PID zoning district. Subsequently, in discussions held between the owner and the architect, the owner requested the architect paint the exhaust fan white rather than screening it, due to the massive nature of the enclosure detracting from the look of the building. According to the architect, the owner believes the building design characteristics of a high tech industrial theme are furthered by the view of the equipment, as opposed to the boxy screening material. As a result, the architect has applied for a Community Design Plan Appeal (CDPA 07-002), requesting to leave the equipment unscreened. The CDPA application is being considered separately, but in conjunction with this Height Exception application. ANALYSIS The Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, limits all portions of structures in the City to a maximum height of forty-five (45) feet above the minimum finished floor, or to the maximum allowable height of the specific zoning district in which the structure is located. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The plans for the Children's Services Council Building indicate the requested height exception is not necessary for the entire roof of the proposed structure, but only a relatively small area near the center of the building. The north building elevation (Sheet A-6.1) depicts the proposed enclosure in relationship with the building fa<;ade. The area of the applicant's request for a eight (8) foot - six (6) inch height exception, if screened, amounts to approximately 1,600 square feet of the entire 33,000 square foot third story, or approximately five (5) percent of the total roof area of the building. According to the architect, Page 3 Children's Services Council HTEX 07-003 Memorandum No. PZ 07-070 the screening material would encompass approximately four (4) times the roof area of the exhaust fan itself, due to structural requirements and limitations. The rooftop equipment is located approximately 130 feet from the nearest property line, the north property line, abutting the Tri-Rail Station property. The nearest residential structure is located to the northwest in Canterbury Townhomes, approximately 725 feet away. As such, the impact associated with the eight (8) foot - six (6) inch exception request is significantly mitigated. As evidenced by previous approvals, this request for height exception would not constitute a granting of special privilege, nor would it impact the air or light of adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception and the distance separation from other commercial or industrial structures. The sizeable distance to the nearest residential structure further diminishes any potential incompatibilities associated with this request. RECOMMENDATION Staff recommends approval of this application for an eight (8) foot - six (6) inch Height Exception based upon the mitigation of any potential impacts. Should this request be approved, approval should be contingent upon satisfying all staff comments noted in Exhibit "C" - Conditions of Approval. Should the Board or City Commission have any additional comments, they will be placed accordingly within Exhibit "e". S:IPlannlngISHAREDlWPIPROJECTSILW Chnstlan SchoollHTEX 07-004\Staff Report.doc . 1 in. = 307.2 feet I WAY ~ I~DUSTFll~Y \ ' , Q:S /!! ... ~ ; ~ Children's Services Council ~ :0 t'l P ~ [!l !:; ~ I D I \~ .w~o"[~~L.. L I IDD~ 'llt'<- ....'1' ':,.]J:III!j!t~,... _.- ,_...:,~,?" ."":~~1..]~..,,.+:'~ " ,,': EXHIBIT "e" Conditions of Approval Project name: Children's Services Council File number: HTEX 07-003 Reference: DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I ] I S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 91 \Children's Services Counci]\HTEX 07-003\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Children's Services Council APPLICANT'S AGENT: Christopher H. Miller, Architecture 6400 Inc. APPLICANT'S ADDRESS: 300 SE 2nd Street Ft. Lauderdale, FL 33301-1907 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21,2007 TYPE OF RELIEF SOUGHT: Request for a height exception of eight (8) feet - six (6) inches above the maximum building height of 45 feet allowed in the PID zoning district, for rooftop equipment. LOCATION OF PROPERTY: 2300 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included", 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 91\Children's Services Council\HTEX 07-003\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 notwithstanding, at a meeting attended by various City boards, staff pointed out the income levels of Boynton Beach were well below the County median. Ms. Matras advised consistently, until the year 2002, the Boynton Beach median income was approximately $8,000 lower than that of the County. There would be no reason the situation would reverse in 2007. The American Community Survey had now included Boynton Beach, and provided both the median family and median household incomes. However, as the sampling was insignificant, the margin of error was extremely high. The income for Boynton Beach was $38,000, plus/minus $8,000. This was not a sufficient estimate for staff to use and, as other figures were used in subsidy programs, it was impractical to have those programs be inconsistent. A plus/minus $8,000 margin of error was a huge margin of error. Staff would not be advised to use this for the programs that were otherwise subsidized. Thus, the formula utilized the County's income. Mr. Casaine withdrew his motion based on the comments of Ms. Matras. Chair Wische withdrew his second. The meeting recessed at 8:23 p.m. and reconvened at 8:30 p.m. B. Children's Services Council Heiaht ExceDtion 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Children's Services Council (HTEX 07-003) Christopher H. Miller, Architect 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request for height exception of eight (8) feet - six (6) inches above the maximum building height of 45 feet allowed in the PID zoning district for rooftop equipment. Chair Wische read the request. Mr. Lis recused himself from the issues pertaining to Projects #1 and #2, as he was employed by the same company that employed the presenters. Christopher H. Miller, Architecture 6400, Inc., 300 SE 2nd Street, Fort Lauderdale, stepped forward to indicate he was present. Chair Wische opened the floor for public hearing. No one having come forward, public 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 hearing was closed. Vice Chair Hay moved to approve the request for the height extension of 8 feet 6 inches above the maximum building height of 45 feet allowed in the PID zoning district for rooftop equipment. Ms. Jaskiewicz seconded the motion that passed 6-0. City Attorney advised the final vote would be 6-0, as there was one recusal. Children's Services Council Community Design Plan Appeal DESCRIPTION: Children's Services Council (CDPA 07-002) Christopher Miller, Architecture 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request approval of a Community Design Plan for screening of rooftop equipment. 2. PROJECT: AGENT: OWNER: LOCATION: Chair Wische read the request. Ed Breeze, Principal Planner, advised staff requested a conditional approval if the board accepted staff's recommendation that the equipment on the rooftop be continuously painted and cleaned so it maintained its new appearance. The applicant accepted the conditional approval. Chair Wische opened the floor for public hearing. No one having come forward, Chair Wische closed the public hearing. Chair Wische invited comments from the board. Hearing none, he entertained a motion. Motion Ms. Jaskiewicz moved to approve the request of the Community Design Plan for screening of the rooftop equipment, with the conditions of approval as noted. Vice Chair Hay seconded the motion that passed 6-0, Mr. Lis having recused himself. 8 VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ August 21, 2007 August 6, 2007 (Noon.) 0 October] 6, 2007 October I, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September] 8, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September] 7,2007 (Noon) 0 December 4, 2007 November] 9,2007 (Noon) n n.::j .::j-< -<0 ,-," :-c:c f'T10 :v-< ~''::2 " U)-i ::r:: 00 .r::- ,,2 .. "c:c N -fTl RECOMMENDATION: Please place this request on the August 21,2007 City Commission Agenda ~der ~.~ Public Hearing. The Planning and Development Board on July 24,2007, recommended that the request be approved. ftir further details pertaining to this request, see attached Department Memorandum No. 07-071. Consent Agenda o o o o o City Manager's Report New Business a -.J c... c: r- N CJ1 NATURE OF AGENDA ITEM o o o o ~ Administrative Announcements/Presentations Code Compliance & Legal Settlements Public Hearing Legal Unfinished Business EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Children's Services Council (CDPA 07-002) Christopher H. Miller, Architecture 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request for approval of a Community Design Plan Appeal against the requirement for screening of rooftop equipment. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~ City Manager's Signature cM/ Assistant to City Manager ~ Planning and . g Director City Attorney / Finance S:\Planning\SHAREDlWP\PR JECTS\Quantum Lot 9]\Children's Services Council\CDPA 07-002\Agenda Item Request Children's Serv Council CDPA 07 -002 8-2] -07 .doc S:\BULLET1N\FORMS\AGENDA ]TEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 07-071 PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION TO: Chair and Members Planning and DeveloPsz./ Board Michael W. RumpW~ Planning and Zoning Director Ed Breese, Principal Planner tt:) July 13, 2007 THRU: FROM: DATE: SUBJECT: Children's Services Council- CDPA 07-002 Appeal of Chapter 9 - Community Design Plan (screening of rooftop equipment) NATURE OF REQUEST Mr. Christopher Miller, Project Architect, representing the Children's Services Council, is requesting approval of a Community Design Plan Appeal to allow the atrium exhaust fan to be installed without being screened (see Exhibit "B"). This appeal is being submitted in conjunction with a concurrent request for Height Exception (HTEX 07-003). BACKGROUND The site is Lot 91 of Quantum Park, which is the northeast corner of Gateway Boulevard and High Ridge Road (see Location Map - Exhibit "AfT). The Children's Services Council received approval to construct a three (3) story, 100,000 square foot office building on August 16, 2005. The building measures 46 feet in height to the top of the parapet wall, which is within code maximum of 45 feet plus 5 additional feet for parapet walls. However, after approval and the start of construction, the project manager realized that the rooftop equipment, not depicted on the approved drawings, would not be concealed by the parapet. According to the applicant, the fact that the parapet wall will not adequately screen the rooftop equipment is due to the increase in size of the equipment as a result of a code change in the Florida Mechanical Code, mandating an increase in the atrium smoke evacuation volume by four (4) times. According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, rooftops are to be treated as part of the building elevation. All rooftop equipment must be screened from view at a minimum distance of 600 feet. ANALYSIS The requirement for screening of rooftop equipment is predicated on the concept that the entire envelop of a building is taken into consideration when evaluating the aesthetic quality of a building and it's relationship with surrounding properties. Rooftop/mechanical equipment tends to be less pleasing and more of a detraction from the typical architectural features on a building, degrading the overall aesthetic quality, hence the requirement for screening. In discussions held between the owner and the architect, the owner requested the architect paint the exhaust fan white to blend with other architectural treatments on the building, rather than screening it, due Page 2 Memorandum No. PZ 07-071 Children's Services Council COPA 07-002 to the massive nature of the enclosure detracting from the look of the building. According to the architect, the owner believes the building design characteristics of a high tech industrial theme are furthered by the view of the equipment, as opposed to the boxy screening material. The architect for Children's Services Council also notes in his appeal request that there are some unique site characteristics, which render the screening of the rooftop equipment ineffective and that the leaving of the equipment unscreened is actually less visually obtrusive. According to the architect, the building is located on very low-lying property, surrounded on the east by the elevated southbound 1-95 off ramp, on the south by the elevated Gateway Boulevard overpass of 1-95, and on the west by High Ridge Road, which is substantially elevated above the finished floor level of the building. The architect has provided copies of photographs of the building from various angles, depicting the exhaust fan painted white. In contrast, the architect has provided enhanced copies of photographs from the same angles depicting what the enclosure would look like if placed on the roof, in an effort to provide a sense of scale (see Exhibit "C" - photographs). Per the applicant's companion request for height exception, the area of the screen enclosure contemplated rises to a height of eight (8) foot - six (6) inches above the 45 foot height limitation in the PID zoning district and would encompass approximately 1,600 square feet of roof area of the building. According to the architect, the screening material would envelop approximately four (4) times the roof area of the exhaust fan itself, due to structural requirements and limitations. The justification statement prepared by the architect also notes the distance the rooftop equipment is located from residential property. The nearest residential structure is located to the northwest of the building in Canterbury Townhomes, approximately 725 feet away. He further states that, "When standing on the nearest residential property the only visible element is an upper corner of the building, no mechanical equipment". The Design Appeal process would appear appropriate in this instance, given the unique nature of the property and the associated terrain changes, combined with the style of building and elements that make up the structure. Staff concurs with the applicant that the leaving of the equipment unscreened may actually be less obtrusive than a separate screening element erected after design and construction of the building. This position is based on the fact that screening material is typically less substantial and durable than original building material, and the sheer size of the proposed screening system. Staff does however recommend the placement of a condition of approval that the condition of the rooftop equipment be well maintained for visual appearance, including cleaning and painting as necessary, to ensure the white appearance of the equipment is preserved, without dirt or rust staining. RECOMMENDATION Based on the analysis contained herein, and the unique site/terrain characteristics, staff recommends approval of this request to allow the rooftop equipment to be unscreened. One condition of approval is recommended for maintenance of the visual appearance of the equipment. Any conditions of approval recommended by the Board or City Commission will be placed in Exhibit "0" - Conditions of Approval. S:IPlanningISHAREDIWP\PROJECTS\Children's Services Council\CDPA 07-0021staff report.doc I I I II II i1 if il: I~ f //1 / r J " I, : '-"-, f -------- I ,rl ",,~ "l--r-r---- ... n , \ I I Ii 1\\ ,I j I, i t I / I I ~ ' / ;'/ \' 0, ; i I J i I I I I ; () 'I ; I I II I I I I I ~" ! / I 1/ Children's Services Council ... 1 in. = 307.2 feet ! I I I I 1/ INDUSTRIAl WAY ~ ~L'__"_'_'__.._'_m_.'_.._ ~-"_.- _.~-_. J , I I i I~ I I , i I i II I I I I ~ -'I ~ /1 ' , 0 I' ~ i. "" [!:, I :;; i I ! \ I I r l 1- '" \ ) ~~I \ I I ~'------r---,- I ------j ---,-- ---- I I -'-...,./ L I : i i , NW COMM~RCE PARK nF;' II LJ ~ I I j J I ' i I , I I ' , i I I ",,' ). ~ ~ ~ :'8, L-fH IIL..II , 0 . "_ - - ~~It;' ___.~ iQ' ------:~ '-'~- I~ I ---'----.,! ~ , ' ~---/ ""~~AY 8LVn _/~ I ..-___ , , / Ii! i ,~-------__/ 1/ I I "1" gr- I~ BIT B IBIT E 181T8 ,...."....=..._i>il'~>......~"'-O\..,"',",..~"',""...... EXHIBIT C ~(.q~ IP+"" ~.. City of Boynton Beach Mr. Ed Breese, Principal Planner Planning and Zoning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 rn ~~~~W~m' II i JUL t 2 2007 ~) \ I I J Jeff Peal President Pete Daltner Vice President RE: Children's Services Council File No: NWSP-05- 018 PLr.,NNII~G PJ1D ZONING DEPT Chris Mil!er Associate To Whom It May Concern: This letter is to request a "Community Design Plan Appeal" for the above referenced project. The subject involves not installing the required screen enclosure for the exhaust fan equipment on the roof. This appeal is being made with four primary reasons in mind. First, the mechanical equipment on the roof to be screened is all associated with an atrium smoke evacuation system required per the Florida Building code. At the time of the Site Plan Approval process the equipment had not yet been specified. It was not anticipated to be an issue or exceed allowable heights. A few months prior to building permit submittal (and after Site Plan Approval was granted) the Florida Mechanical Code issued a code change that increased the requirements of the atrium smoke evacuation volume by four times, thus increasing the size of the equipment. Second, we feel the massive size of this screen enclosure would draw more attention to the unit area rather that the unit itself. The screen would be almost 4 times the size (in plan) of the mechanical equipment because of structural requirements and limitations. The height would be only a few inches higher than the unit. Thirdly, the mechanical equipment has been painted white to blend with the other architectural elements on the building. The overall building design is uniquely high-tech and industrial in appearance. Finally, the intent of the Land Development Code is to protect residential neighborhoods from the visibility of this type of equipment. The CSC building is roughly +700 feet from the nearest group of town homes. It actually sits in a valley created by High Ridge Road to the west, Interstate (1-95) to the east, and Gateway Boulevard to the south. When standing on the nearest residential property the only visible element is an upper comer of the building, no mechanical equipment. Please refer to attached photos, taken from across the street, roughly +400 feet from the building. On behalf of the Owner, we request your review and approval of this appeal not to install a very large screen. Thank you in advance for your time and consideration. Should you have any questions or comments, please do not hesitate to contact the undersigned. Yours Sincerely ARC ;rECTURE 6~:;n \children services council\planning dept Itr05.17.07 300 S.E. 2nd Street, Fort Lauderdale. Florida 33301-1907 (954) 627-9180 . FAX: (954) 627-9189 · EMAIL: arch@stiles.com A Division of Stiles Corporation / A Full Service Reai Estate Development Comoany EXHIBIT "D" Conditions of Approval Project name: Children's Services Council File number: CDPA 07-002 Reference: I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 'V ~'"\. I FIRE Comments: None X I I POLICE I Comments: None I X I i ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION ! I Comments: None i X FORESTER/ENVIRONMENT ALIST Comments: None X I I Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. The rooftop equipment shall be maintained free of dirt and rust, in order to X provide a clean, new painted appearance at all times. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHAREDI WPIPROJECTSIQuantum Lot 91 \Children's Services CouncillCDP A 07 -002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Children's Services Council APPLICANT'S AGENT: Christopher H. Miller Architecture 6400 Inc. APPLICANT'S ADDRESS: 300 SE 2nd Street Ft. Lauderdale, FL 33301-1907 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21,2007 TYPE OF RELIEF SOUGHT: Request for approval of a Community Design Plan Appeal against the requirement for screening of rooftop equipment LOCATION OF PROPERTY: 2300 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested, 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanning\SHAREDlWPIPROJECTS\Quantum Lot 91\Children's Services CouncillCDPA 07-002\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida July 24, 2007 hearing was closed. Vice Chair Hay moved to approve the request for the height extension of 8 feet 6 inches above the maximum building height of 45 feet allowed in the PID zoning district for rooftop equipment. Ms. Jaskiewicz seconded the motion that passed 6-0. City Attorney advised the final vote would be 6-0, as there was one recusal. Children's Services Council Community Design Plan Appeal DESCRIPTION: Children's Services Council (CDPA 07-002) Christopher Miller, Architecture 6400, Inc. Children's Services Council of Palm Beach County Lot 91 of quantum Park, northeast corner of Gateway Boulevard and High Ridge Road Request approval of a Community Design Plan for screening of rooftop equipment. 2. PROJECT: AGENT: OWNER: LOCATION: Chair Wische read the request. Ed Breeze, Principal Planner, advised staff requested a conditional approval if the board accepted staff's recommendation that the equipment on the rooftop be continuously painted and cleaned so it maintained its new appearance. The applicant accepted the conditional approval. Chair Wische opened the floor for public hearing. No one having come forward, Chair Wische closed the public hearing. Chair Wische invited comments from the board. Hearing none, he entertained a motion. Motion Ms. Jaskiewicz moved to approve the request of the Community Design Plan for screening of the rooftop equipment, with the conditions of approval as noted. Vice Chair Hay seconded the motion that passed 6-0, Mr. Lis having recused himself. 8 ~.\""'.."..V"'.O'" " . ... ., . \ \~ ):r C10~ ~~(J 7'ON IX. - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to C itv Clerk's Office Meeting Dates in to City Clerk's Office ~ August 2 I, 2007 August 6,2007 (Noon.) 0 October ]6, 2007 October 1,2007 (Noon 0 September 4,2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November] 9,2007 (Noon) 0 Announcements/Presentations ~ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Request that discussion of Old High School is postponed until after the CRA has completed the Downtown Master Planning process. EXPLANATION: This item is on the August 14,2007 CRA meeting agenda (see attached). CRA staff has polled the CRA Board and all members wish to complete the Downtown Master Planning process prior to making a final decision of what will be an appropriate redevelopment plan for the Old High. PROGRAM IMP ACT: N/ A FISCAL IMP ACT: N/ A ALTERNATIVES: Not to postpone discussion. ~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM. DOC ~qY~T2~ l~ l ~!~ East Side-West S',de-Seas'lde Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AUb'1lst 14.2007 AGENDA ITEM: I Consent Agenda x Old Business l'\ew Business Public Hearing Other SUBJECT: Old High School SUMMARY: At the July 10,2007 CRA Board Meeting, staff was directed to request letters of intent from interest parties who would like to redevelop the Old High School. The Board would hold those letters of intent until after the visioning project and then be brought back to the board for further discussion. At that time, CRA staff questioned Attorney Cherof about the original RFP's ability to serve as notice of the agency's expectation of disposing property with a letter of intent. Attorney Cherof stated, "in his opinion it would not." In the meantime, CRA staff issued a general letter of intent and received two responses. Both parties are interested in presenting their ideas to the CRA Board and are desirous of having the building turned over to their care, custody and control. These entities need the building placed under their organization's control to qualify for grant funding or Historic Tax Credits. These funding sources would be the primary financing mechanism to cover renovations costs. Staff polled the CRA Board and all the members wish to complete the Downtown Master Plmming process prior to making a final decision of what would be an appropriate redevelopment plan for the Old High School. However, a board member has requested staff to simultaneously work toward formalizing negotiations with the interested parties to keep the process moving. CRA staff received a second opinion from CR.A. Counsel. DJ Doody, who advised that a notice must be published to invite proposals and receive and consider all proposals. To that end. the statute references that once proposals are received and considered the eRA may negotiate with any persons submitting proposals. FISCAL IMPACT: None. . R~tOMl\jIENDA TIONS: Direct staff to issue notice of intent to dispose of Old High Sc11001. /---;-'\ ~ ~/)\ I Lisa Bright. E~ecutive Director '"-' '; ? T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetinglFY 2006-2007 Board Meetings\07 08 14 CRA Board Meeting - AugustlOld High School doc Bright, Lisa O::rom: ant: fo: Cc: Subject: OJ Doody [DDoody@cityatty.com] Tuesday, July 31, 20072:26 PM Bright, Lisa Jim Cherof RE: Old High School- Letters of Intent Lisa, The section which addresses public notice, Section 163.380 (3) (a) contains language to the effect that the notice must published at least 30 days prior to the delivery of any contract to sell, lease or otherwise transfer real property and, prior to the delivery of any instrument of conveyance with respect thereto under the provisions of the section. In interpreting this language from a legal perspective I would advise you that the notice must be published to invite proposals and receive and consider all proposals. The Statute then references the fact that once the proposals are received and considered the CRA may negotiate with any persons submitting proposals..... Consequently, the notice needs to be published before the negotiations begin. I trust this is specific. However, if you still require some clarification, please do not hesitate to contact our office. DJ DOODY Donald J. Doody Goren, Cherof, Doody & Ezrol. P.A. 3099 East Commercial Blvd. Fort Lauderdale, Florida 33108 954 - 771 - 4500; 954 - 771- 4923 (fax) ddoody@cityatty.com www.cityatty.com ----- Original Message----- -om: Bright, Lisa [mailto:BrightL@ci.boynton-beach.fl.us] ~nt: Tuesday, July 31, 2007 12:02 PM To: DJ Doody Subject: RE: Old High School- Letters of Intent Don, Sorry, I need you to be very specific with me since this property is so controversial among the board members let alone the public. At what point should a public notice for the disposition of the Old High School property occur: 1.) before negotiations begin with an interested party? 2.) after negotiations begin with an interested party? Lisa -----Original Message----- From: DJ Doody [mailto:DDoody@cityatty.com] Sent: Sunday, July 29, 2007 10:03 AM To: Bright, Lisa; Cherof, James Cc: Swanson, Lynn; Brooks, Vivian; Buckley, Ashley Subject: RE: Old High School- Letters of Intent relative to the methodology and process for the disposition of real property, Section 163.380(3) (a) stats in part; "Prior to disposition of any real property or interest therein in a comrl1uni ty redevelopment area.... ....a community redevelopment agency shall give public notice of such disposition by publication in a newspaper having a general circulation in the community, ...... .and, prior to the delivery of any instrument of conveyance . . . . . . . . . . invi te proposals. . . . . " Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: I'm okay. Ms. Bright: I need to clarify. Chair Taylor: Okay. Show the motion as unanimous. Vice Chair Rodriguez.: Again, I'd like, for the future I'd like to see the details in here. Chair Taylor: Okay. Ms. Sherrod: Just to put, for a little clarification um, Mr. Rodriguez, um, in the SHIP program, our strategy allows for the replacements such as this, lost in a travesty such as this we have on board, um a licensed um, uilding official inspector as well as our, uh, construction manager. We would never allow our tax dollars to go for quote upgrading. It was to it was it was a replacement to replace the building, uh pretty much as it was. Same size and style home but to today's standards um, and that's what our strategy that was approved by the City Commission allow for. So that home had been uh previously, had been approved uh administratively by uh, the City Manager which was allowed for so, she was bringing in uh the majority of the funding, all of the monies that the insurance company allowed for, so we allowed her to replace it. But it's just standard, a standard house. Urn, built under the same guidelines as the First Time Homebuyers Program. Urn, so in the future, I guess we'll give the square footage. Chair Taylor: Thank you. Vice Chair Rodriguez: I mean I understand that and I appreciate that. And I know this woman needs to get in her home. Uh, I'm just asking for more details in the future that's all. Thank you, Chair Taylor: Thank you. Take us to Item 1. That was pulled too, Five Towns College update. It was info only. Board Member McKoy: Yeah, I mean, this is the reason, I mean, just, I'm pulling it is because of the newness of the workload. Chair Taylor: Yeah. Board Member McKoy: So, there's a presentation on it tonight. Ms. Bright: No. I'm here in case you have a question on it 'cause you pulled it. Board Member McKoy: Okay, I, I, If only pulled it, I thought there was going to be additional information. 54 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Nope. Board Member McKoy: Okay. Chair Taylor: It's information only, so we don't even need a motion. Vice Chair Rodriguez.: Is, is, is this the only place we're going to talk about the high school. Ms. Bright: It's up to the pleasure of the board. Vice Chair Rodriguez: So we can talk about the high school now, then. Ms. Bright: I guess. Chair Taylor: Yeah if you want to. Vice Chair Rodriguez: Okay, lets do that then. Mayor Taylor: Go ahead. Vice Chair Rodriguez: Um, yeah, we received your email, um concerning some of the issues with the financial backing for historic society who was the charter school that was number two in the RFP process. Ms. Bright: Not the Historic Society. The Boynton Beach Charter School. Vice Chair Rodriguez.: The binder that we received had Boynton Beach Historic. Ms. Bright: Harrid Conservatory, Harrid Conservatory, Brenner Real Estate was the financial partner, Boynton Charter School and I don't remember who else, and its a the proposal. Vice Chair Rodriguez: The proposal I got never said Boynton Charter School on the top, on the cover page, Ms. Bright: I can't speak to it. They were delivered to the City Manager's Office over a week ago. Those are the uh, I don't know, we never got confirmation back from the City Manager's Office that those packets were picked up by you guys. But regardless, your, your concern has always been the Boynton Charter School, correct? Vice Chair Rodriguez: Yes. 55 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Okay. Vice Chair Rodriguez: Well you know, they been, they've been, they've reached out to me several times and I've communicated that to you, to you and everyone here about because they were number two in the RFP process and you'd made a note that you had reached out at that time after to see if they were interested and there were some financial financial backing issues. Is that correct? Ms. Bright: Yes I spoke to their financial partner in January. Vice Chair Rodriguez: Okay. Do we know that's still the case today? Because it, it seems to me, that uh, in their conversations with me that they've got the financial backing. Ms. Bright: They met with Vivian and I on May 18th. Urn, Ms. Owens did not indicate any financial partner whatsoever. That's pretty much why I suggest in your email, if you have a working relationship with her and she's willing to share that. Um the key for me on that particular project, um was the fact that their charter school was not going to just take over the high school. It was a very large footprint that took over City Hall and other locations. So in terms of just renovating with them, if they have a new uh financial partner, that might be something new that I'm not aware of. Vice Chair Rodriguez: I'm, I, I'm, um I'm, not going to reach out. I'm gonna, I'm gonna put it back on the eRA and let you uh chase that down if you may. Ms. Bright: I, I really think that we have met with them and the onus is on not just them, several other entities if they want to prepare a proposal for your consideration. I have made that very clear to Ms. Owens that it would be for her, she's a for-profit business, a Charter School is not a um, public education, so she would be needing to get her own capital funding. Vice Chair Rodriguez: So you made that clear to her that she needs to put a proposal before the CRA? Ms. Bright: I, I know that both of us made it very clear to her that if she wanted to do that, that day she was not interested in some of the other locations we suggested which were Delray Boynton Academy. She said that that was already too small. I have that email fromher.Um.tohercurrentlocation.Um. she also indicated in the median, her current location, that some of the pressure had been taken off the uh, Caldwell Theater was not moving as forward, uh as fast, and the renovation there on Federal Highway in Boca, Levitz. And while it was a strain for the parents, she was not really willing to like move to the temporary location. I think the other strategy was the fact that the Old High School, we need to find a place for the Code Enforcement folks, so I 56 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 don't know how that would be included in the deal. So, we have to look at their proposal because they don't have any parking. Vice Chair Rodriguez: Yes, the uh, the uh, Code Enforcement is being, another, other recommendation to the fVladsen Center has nothing to do with the high school. Um, in, in emails discussions I, I threw out a suggestion, only a suggestion, that there had been many people recently that have stepped up and said you know, we, we want to help, and we've seen that before and I know that. So my suggestion was let's get, let's get some information out to the folks that were looking for a letter of intent in order to, in order a letter of intent with the intention being that they're gonna submit a formal proposal and then we'll minimize or see jf there's anybody. We'll see if anyone steps up to the plate and says, yeah, we're gonna submit a proposal. Ms. Bright: But why would we send a letter of intent. I mean we could make a phone call to them. I mean, they would submit a letter of intent. Vice Chair Rodriguez: Yes. That's I submit a letter of intent to us with their intent to submit a formal proposal so that we're not anticipating a proposal that may never come. So just get a letter of intent, and then that way, we know, if we have four letters of intent or two or one or whatever the case may be. Now we anticipate that we're gonna get those four proposals. Ms. Bright: Okay. Vice Chair Rodriguez: I'm. Just a, just a recommendation and idea. It's up to the board to, uh - - Board Member McCray: Right. Board Member Weiland: I would like to uh, shed some light on this issue. Uh, I had spoke with uh, Tom McGillicuddy who is the acting real estate agent for the Owens and he mentioned to me that she put, and his words were she probably has a couple of million dollars in financing. Uh speaking, I had spOken to Ms. Owens after that and she told me that she would be going after, in her words the same dollars, that Intown, Five uh Five - - Chair Taylor: Five Towns. Board Member Weiland: Five Towns uh, were seeking as well. I did not ask her what dollars she was talking about, but I was led to believe that there is some type of grant money or something out there that Five Towns were seeking. Now that they're not in the picture, uh to supplement the money she had from her private financing, she would be seeking .the same type of money that they were seeking so. Where that all 57 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 stands I really don't know, but those are the two conversations I've had about financing with the the Owens and their real estate agent. Board Member McCray: Comments. Chair Taylor: Yes. Board Member McCray: I'd like to, you know, direct this here, you know back to Mrs. Brooks. And I'm just saying you said something you really need to take a hard- core look at, and that is charter schools. They are a business. They always came to this Commission, I'm just gonna be rather - to the City Commission, that was us. I'm just saying instead of saying they got put out of Boynton Mall because of what happened on Christmas Eve, you know that, that wasn't it. They was put out before this thing happened. I'm just saying they came to us and also stated to this Commission that they wanted to be in Boynton. They said it is our responsibility. You could pull the records, that we find them a place, that we find them a place. That is not the responsibility of the elected officials, that we find somebody a place. If they want to come in and we have suggestions that's fine, but they seem like they want to put this back on our lap saying that you know, you all going be our saving grace that we get back into Boynton. Charter Schools and businesses, I feel sorry for them. They don't want the place on MLK Blvd, then they need to just keep looking. I'm just saying I'm not gonna keep bargaining this down and the CRA every time, you know find out what can they do, they uh hurting now. They trying to get back in, they said before the school year begins, that's over a little over a month away, and I'm just saying you know, I'm being realistic. Chair Taylor: Well, I just I believe that the previous CRA Board asked the City Commission to wait until after the, uh, downtown master plan visioning, because we're talking about doing things like, the CRA board sent us a letter from the previous chair asking that we wait until after this visioning because that's going to involve that, that location also. And I thought at the last Commission meeting we agreed to do that. Am I wrong? Vice Chair Rodriguez: Tabled it. Chair Taylor: We tabled it? Yeah. Okay well, you know, its a, it's a big issue, the high school, and I'd be willing to wait until after this uh this visioning, because I know that location is going to be part of that uh' charrette, and that visioning and I'd like to hear what comes about. Board Member Weiland: Likewise. Board Member McCray: Likewise. 58 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McKoy: I don't have any problem waiting. Chair Taylor: Okay. Vice Chair Rodriguez: We've been waiting for almost two years and if we can do any leg work now with reaching out to these folks that have stepped up and said they want to, with a simple letter, asking for a letter, simple letter of intent. We're just that much farther down the road and wait until, not act on it, but have the letters of intent, you know. Wait until the visioning session and then at least we, we've got something in our hands to plan out the future Chair Taylor: I don't have a problem with that if you want to make a phone call, ask for a letter of intent, that's fine with me. Uh, my, my position is show me the money. You know, its eight million dollars. Board Member McCray: And my whole take is saying that you know, we have been waiting for two years, I beg to differ. We have been waiting since I've been sitting up here about what we gonna do with the high school. I'm just saying my urgency is, as a Commission, lets just wait to see what is gonna come in. You all can do whatever you all want to. I'm gonna keep my plans and everything on until I see what's going to happen for uh, the visioning process for downtown. I'm just saying, you know, we say one thing on one side of the coin. Then we flip and we say something else like we do, we've got too many hats on our head. I want to wait till it comes back. We said, table at the Commission, I want to wait until it be removed from the table to discuss it any further. Vice Chair Rodriguez: Sure. Can I make a comment? Chair Taylor: Yes. Vice Chair Rodriguez: I'd like to make a motion that we initially request a letter of intent from those that have, um shown an interest in the high school redevelopment and that we hold those letters of intent until after the visioning project and then we will be obviously, be brought forward to the board for further discussion at that point. Ms. Bright: Could I ask counsel a question? Um, when we originally did that RFP we were going out in terms of expectation of disposing of the property, So would that RFP still hold for a letter of intent. Um. Attorney Cherof: In my opinion it would not. 59 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: So that's where I am conflicted meaning the RFP was finished. There was no motion to go to number two when they did the motion to select Five Towns for a development agreement. So I guess, that's what I'm, I'm looking - - Vice Chair Rodriguez: I'm not, I'm not asking to go to number two. I'm asking there were a bunch of there was a bunch of organizations that stepped up during a eRA meeting that said they want to be part of the redevelopment of the Old High School. Ms. Bright: That's being um, actually it's Debby. Vice Chair Rodriguez: Those are all clearly laid out for in the minutes, and all I'm saying is there's a motion on the table. There's a motion on the table that says let's go out and request letters of intent from those groups, to see if they are serious and hold those letters of intent until after the visioning and then come back to the board for further action. That's my motion. Chair Taylor: Okay I have a motion. Is there a second to that? Is there a second to that? I'll pass the gavel. I'll second that motion just for, uh, to get a vote on the table on that. Vice Chair Rodriguez: We have a first and a second. All in favor. Aye. Chair Taylor: Aye. Board Member Weiland: Aye. Vice Chair Rodriguez: All opposed. Board Member McKoy: Nay. Board Member McCray: Nay. Vice Chair Rodriguez: Could we get a roll call and. Vice Chair Rodriguez: Was that three two? Chair Taylor: It was three two. Board Member McCray: If something ;s to be tabled we have to second. Ms. Bright: I need clarification before we step away. It's my understanding there was an individual named Paula Melley. Did Sister Lorraine leave, she was here, she's an interested party a,nd then the group led by Harvey Oyer, uh through the Public Arts 60 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Administrator, so those are the only three entities that I am aware of. Are you aware, and, of course, the Boynton Charter School. Vice Chair Rodriguez:: I would, I would ask that you go back to the minutes that reflect the folks that stood up and requested you know, that said they want, had interest. And those are the ones that we should solicit. Ms. Bright: No that was one large group, that's what I'm saying sir. Vice Chair Rodriguez: Right. Whoever they were Miss Bright, those are the ones we should solicit. Ms. Bright: Okay. Chair Taylor: Thank you. Okay this takes us to public hearings. I'll turn this over to the City Attorney to swear people in. Attorney Cherof: Anybody who intends to testify, actually Mayor, there is no quasi- judicial on this list. It's just a public hearing so no, uh, sworn testimony is required. Chair Taylor: Okay. Okay then that's, uh, City initiated abandonment of alley between NE 7th Avenue and NE 8th Avenue. City initiated. Mr. Livergood: Yes good evening. For the record, Jeff Livergood, Director of Public Works. I will present staff's uh, you will provide staff's presentation although I doubt that I can do quite as good a job as perhaps Mr. Rumpf would do from a Planning Department perspective, so you get the Engineering Department version. Uh, this is a request that's been initiated by the Public Works and Engineering staff. To give you a little bit of background, several months ago, urn, approximately six months ago, the City received a number or several requests for construction of fences in people rear yards along this alley. Uh, of course we cannot issue permits to build a fence in a public right-of-way because this alley that is between 7th and 8th Avenue east of Federal Highway, um because its a public alley, its public right-of-way and therefore we're unable to issue fence permits. In reviewing the alley, staff found that the alley is very much inaccessible. We're unable to get into it as a, as a public right-of-way. To the east end at 7th Street are mangroves, uh City owned property. To the west end is another dedicated alley that runs north/south and parallels Federal Highway that's also fairly difficult if you wanted to put a truck down them. It's staff's recommendation that this alley be abandoned. Allow this alley to return to the property owners, uh, to allow them to use it so that they can place fences on this property and also because it will eliminate any responsibility or liability that the City may have in maintenance of this public alley. This alley was platted in 1925, uh, nearly 82 years ago. This was in an era when subdivisions were designed with the belief that there may need to be rear yard 61 , "Sl""'~'A' I:' ',', , - ..,.., t ,\ i.,., \ III \'.'. ' ... ... J:r o\. .. IV J- ',' - ".', ,,/ ~~~~. 'ON '" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOPMENT ITEM A.l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office ~ August 21, 2007 August 6, 2007 (Noon.) 0 October] 6, 2007 October 1,2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October ]5,2007 (Noon) 0 September] 8, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September ]7, 2007 (Noon) 0 December 4, 2007 November] 9,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the August 21, 2007 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission on August 7,2007, approved this request under Public Hearing and Legal, Ordinance - First Reading, For further details pertaining to this request, see attached Department Memorandum No. 07-064. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Alley between NE 7th Avenue / NE 8th Avenue (ABAN 07-003) City-initiated Alley between NE 7ili Avenue and NE 8ili Avenue, east of Federal Highway Request for abandonment of an alley between NE 7ili Avenue and NE 8th A venue, along the boundary of the Lake Addition and Boynton Place Subdivisions. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ ~/;, , /7 Devel~e! ~irector ~ S;gnoture Assistant to City Manager ~ ~ ~ IW/L /' Planning and Zoning Dire-;ar City Attorney / Finance S:\Planning\SHAREDlWP\PROJECTS\NE 7th Ave & NE 8th Ave ABAN\Agenda Item Request NE 7th Ave & NE 8th Ave ABAN 07-003 8-2]-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ')() o,JV 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 07- 01'1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH~ FLORIDA~ AUTHORIZING ABANDONMENT OF AN EXISTING ALLEY LOCATED EAST OF FEDERAL HIGHWAY BETWEEN NORTHEAST 7TH A VENUE AND NORTHEAST 8TH A VENUE~ SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER~ WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS~ staff is requesting that the City abandon an alley between N011heast ill Avenue and Northeast 8th Avenue, along the boundary of the Lake Addition and Boynton Place Subdivisions, subject to staff comments; and WHEREAS~ comments have been solicited from the appropriate City Departments. and public hearings have been held before the City's Community Redevelopment Agency. and the City Commission on the proposed abandonment; and WHEREAS~ staff finds that the alley no longer serves a public purpose. and the C Commission adopts that finding. i I NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OFI THE CITY OF BOYNTON BEACH~ FLORIDA THAT: i I . Sect~on 1. The foregoing Whereas clauses are true and correct and incorporatedl herem by thIS reference. i ! i Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby1 fu ~ abandon an alley between Northeast 7 Avenue and Northeast 8' Avenue, East of Federal Highway, along the boundary of the Lake Addition and Boynton Place Subdivisions. subject to staff comments. The property being abandoned is more particularly described as follo\vs: That 7.5 foot strip of land as shown on the north side of Lots I and 3 through 22, in Block 1, according to the Plat of Boynton Place, as recorded in Plat Book II, Page 40, Public Records of Palm Beach County, Florida And That 6.3 foot strip of land as shown on the south side of Lots 3 through 22, in Block 5, according to the Plat of Lake Addition to Boynton Florida, as recorded in Plat Book II, Page 71. Public Records of Palm Beach County, s:\C \ rdmances\Aoandonments\NE 7th and 8th Ave Alley_doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Florida. Subject to said property being designated as a utility easement for those franchised utility services operating within this strip ofland. NOTE: The property abandorunent shall be divided according to the common plat line that created each "half' of the property. A location map is attached hereto as Exhibit "A." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of A UGu,sT ,2007. SECOND, FINAL READING AND PASSAGE THIS _day of 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez II Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:IC I rdlnanceslAbandonmentslNE 7th and 8th Ave Alley.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the Citv Commission of the City of Boynton Beach, Florida, does hereby abandon an alley between "Northeast ih Avenue and Northeast 8th Avenue, East of Federal Highway, along the boundary of the Lake Addition and Boynton Place Subdivisions, subject to staff comments. The property being abandoned is more particularly described as follows: That 7.5 foot strip of land as shown on the north side of Lots 1 and 3 through 22, in Block 1, according to the Plat of Boynton Place, as recorded in Plat Book 11, Page 40, Public Records of Palm Beach County, Florida And That 6.3 foot strip of land as shown on the south side of Lots 3 through 22, in Block 5, according to the Plat of Lake Addition to Boynton Florida, as recorded in Plat Book 11, Page 71, Public Records of Palm Beach County, Florida. Subject to said property being designated as a utility easement for those franchised utility services operating within this strip ofland. NOTE: The property abandonment shall be divided according to the common plat line that created each "half' of the property. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this dav of ,2007. ATTEST: CITY OF BOYNTON BEACH. FLORIDA Janet M. Prainito, CMC City Clerk Kurt Bressner, City Manager S:\CA\OrdlnanceslAbandonments\NE 7th and 8th Ave Alley,doc STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ,2007. day of NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdinanceslAbandonments\NE 7th and 8th Ave Alley,doc TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-064 Chair and Members Community Redevelo~~t Agency Board Michael w. Rumpflp\,l Planning and Zo~in~~ector Kathleen Zeitle;~~ Planner July 3, 2007 City-Initiated Abandonment of Alley between NE 7th Avenue and NE Sth Avenue, East of Federal Highway (ABAN 07-003) NATURE OF REOUEST Mr. H. David Kelley, Jr., Assistant Director of Public Works and City Engineer, as agent for the property owner (City of Boynton Beach), is requesting an abandonment of an existing alley located east of Federal Highway between NE ih Avenue and NE 8th Avenue. The subject property is described as an unimproved alley located north of lots fronting on NE 7th Avenue (Block 1, Boynton Place) and south of lots fronting on NE Sth Avenue (Block 5, Lake Addition). The subject alley extends eastward from a 20-foot wide alley parallel with Federal Highway, to NE 7th Street (see Location Map - Exhibit "A"). This alley is represented by a 7 .5-foot wide strip of land at the boundary of the plat of Boynton Place, and a 6.3-foot wide strip of land at the boundary of the plat of Lake Addition. Together the 13.S-foot wide strip was intended to be an alley right-of-way but was never improved or used as an alley. Utilities exist upon the subject property which, in conjunction with the abandonment, would become a dedicated utility easement. The following is a description of the zoning districts and land uses of the properties that surround the subject property to be abandoned: North - South - East West - Lots 2 - is of Block 5, Lake Addition consisting of a single-family residential subdivision designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A) and Lots 19 - 22 of Block 5, Lake Addition consisting of multi-family residential (Seven J's Motel) designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A); Lots 1 - 22 of Block 1, Boynton Place consisting of a single-family residential subdivision designated Low Density Residential (LDR) and zoned Single-family Residential (R-I-A); Right-Of-way for NE 7th Street, and farther east, Lots 15 - 16 of Block 7, Lake Addition abutting the Intracoastal Waterway consisting of a single-family residential subdivision designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A); and Right-of-way for a 20-foot alley, and farther west, Lot 23 of Block 5, Lake Addition and Lot 23 of Block 1, Boynton Place, both lots fronting on Federal Highway and designated as General Commercial (GC) and zoned General Commercial (C-4). Page 2 Memorandum No. PZ 07-064 ABAN 07-003 BACKGROUND In March and April of 1925 respectively, the plats of Boynton Place and Lake Addition were approved. These plats included several alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion whenever abandoned by the public or discontinued by law. The subject property is indicated on the plats as an open public area, separate from the adjacent lots. Although the subject property was never used or improved as an alley as intended by the recorded plats, the property was dedicated to the public as a right-of-way and is under the control and jurisdiction of the City Commission. The city-initiated application states the following grounds and reasons for the requested abandonment: (1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of-way; (2) continued City ownership suggests continued future responsibility and associated liability; and, (3) staff believes this area will best serve adjacent residents through private ownership. The City should designate the property as a utility easement and continue to provide utility services to the rear of these lots. If abandoned, the two (2) strips of land will be reverted to each adjacent property owner as land to be added to their lot. A utility easement equivalent in width to the existing alley is proposed on the subject property. ANALYSIS Pursuant to Chapter 22/ Article IV, Section 4, public notice was given, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows (see Exhibit "B"): CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Objection - (According to Engineering, the dedication of an easement would remove their objection). No objection with easement No objection No response (2 notifications) Bell South Florida Public Utilities Company Cable Company (Comcast) RECOMMENDATION Staff recommends that the request to abandon the alley as described above be approved based on the finding that the alley provides no public purpose, and all existing utilities within the subject property would remain within a dedicated utility easement. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "C" - Conditions of Approval. S:IPlannlngISHAREDIWPlPROJECTSINE 7"' Ave and NE S"' Ave ABANlStaff Report.doc I __.L.____L- NE 7TH ST HST NE . :-T ! ~ I ~ i I __L_- r=: I ~---- ----- I -- Q ... Q Q I Q g! 'PI ( ~ 1 I Q I Q I ~--:-+ ~ -~' L g L--~-- .- ~ --1 Q ,----g-- i ._~ I :; f Q I Q I C') I --=-__-L--L-----J -- I'" I I : j C!_ i I Q ,---- l '---------i ;; i I ... I C! I I g 1-:----1 r- ::--~l g I g i ~ 1 I~ -----1. O_~ , ... . ~:w ~ i ~ l--=t ~ i ~ ! 10 Q I ~:I:' i : wN II Q---!~ ~ jt; !~. C') 10 iW ~ = ! ~ 'Z In _ 1------ 0 ~!O_ I I · I h-I 'I ~ im ~ . II j In II) Q I Q. I Q -------L--W----i ~--- .....-- i I ... I . ! lD I ~ ~. 0 l Q __+- ~-J i ~ i I = ~-~----l i Q I ~ ~ Q r-- Q 00 N Q Q ... Q Q i I -, Q I . I Q ! Q ---1 --~ I ~---I CD I Q , ~----i Q I p... , g _--J .---- ! I -;Wl ;Ol :: C:t w =-'--> _ft ~ :;.... i: -jt-- " - - w ..., C') . o ;, -F ..J ' m:O! <po i Q ; -, ;Z ' "":,- : Q~ -01 Q , ~m . 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F=PL Florida Power & light Company. 21400 Powerline Road. Boca Raton. FL 33433 ECEIVED ,.r f i " :; ti\f":'~ l 0 '2rJ.i!1 ENGINEERING May 8, 2007 City of Boynton Beach Attn: Mr. Kelly, Jr., PE/PSM City Engineer P.O. Box 310 -ljoynton Beach, Florida33425...0310 Re: Proposed "Alley" Abandonment between NE 7th and NE 8th Avenues Located East of Federal Highway to NE 7th Street Dear Mr. Kelly: The area you are requesting for abandoning as stated in your letter dated May 7, 2007 has been reviewed as requested. Please be advised that FPL does object to the above abandonment. FPL has existing overhead facilities that run the length of the Alley from Federal Highway to NE 7th Street. These existing overhead facilities provide service to those customers that back up to the Alley If you have any questions, please don't hesitate to call me at (561) 479-4511. Sincerely, ~_1CLJ- J-*:::- John R. Van Vleet Senior System Project Manager an FPL Group company ...-- ,-,u IILJI I U @ BELLSOUTH BellSouth Telecommunications, Inc. Engineering Department 2021 So. Military Trail West Palm Beach, FL 33415 Office: 561439-9118 Fax: 561-964-3499 April 2, 2007 Mr. H. David Kelley, Jr. City Engineer Public Works Department P.O. Box 310 Boynton Beach, Florida 33425-0310 " D i APR ! 2 2007 , Re: Proposed Alley Abandonment between NE Seventh & Eighth Avenues, East of Federal Highway, Boynton Beach, Florida Dear Mr. Kelley: BellSouth Telecommunications, Inc. has reviewed the above-referenced abandonment request and has existing aerial cable and poles along the alley. BellSouth will require an easement to maintain the existing cables. Please contact my office if you require additional information concerning this matter. Qn'f~ Robert Lowen Project Manager Cc: Steve Buck Attachment L-I'\.I IIL.....I'I I L.I . FLORIDA PUBLIC UTILITIES RECEIVED ; , ~; fI.\' I 11 ~:ur'iD7 1"11-\1 ,L\ L.. ' 1 ~ loi. " ENGINEERING FPUC Ref.: #002 May 9, 2007 H David Kelley City of Boynton Beach Public Works Department PO Box 310 Boynton Beach, FL 33425 RE: Petition to 'abandon/vacate an alley between NE ih & 8th Ave located east of Federal Hwy, Boynton Beach, FL Dear H David Kelley: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing or easements or right-of-ways as described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. If you have any additional questions or concerns please feel free to call me at 561-838-1771. Sincerely, ? Hef~ Patty McLeod Engineering Technician PO BOX 3395 . West Palm Beach, Florida 33402- 3395. Phone: 561.832.0872 . Web: www.fpuc.com EXHIBIT "e" Conditions of Approval Project name: NE 7th Ave and NE 8th Ave File number: ABAN 07-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION I I I Comments: +- 1. Abandonment is contingent upon retaining the full width as a utility easement. X i BUILDING DIVISION Comments: None X P ARKS AND RECREA nON i i Comments: None X FORESTER/ENVIRONMENT ALIST , Comments: None I X i Conditions of Approval NE 7th Ave and NE 8th Ave ABAN I DEP ARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\NE 7th Ave and NE 8th Ave ABAJ\T\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: City-Initiated Alley Abandonment between NE ih Ave and NE 8th Ave APPLICANT'S AGENT: Mr. H. David Kelley, Jr., Assistant Director of Public Works APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21,2007 TYPE OF RELIEF SOUGHT: Request to abandon an unimproved alley right-of-way and dedicate as a utility easement LOCATION OF PROPERTY: Between NE ih Avenue and NE 8th Avenue, east of Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\NE 7'" Ave and NE 8'" Ave ABAN\DO.doc ,.....,.".-"."~~~,~,,~."">>'.,, "'SL\" ':.,~ '" , ,.' ' ~ ~, . . ~ ~ / - , : ,. - ' , ' ~ tfi~~ . ):t \ c;., /~u " .... ..... , 1';:; N 0 XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office r8J August 2] , 2007 August 6, 2007 (Noon.) D D September 4, 2007 August 20, 2007 (Noon) 0 D September ]8,2007 September 3, 2007 (Noon) 0 0 October 2, 2007 September 17,2007 (Noon) 0 Requested City Commission Meeting Dates Date Final Form Must be Turned in to Citv Clerk's Office October 1 6. 2007 October], 2007 (Noon (; 0 Announcements/Presentations 0 NATURE OF 0 Administrative 0 AGENDA ITEM 0 Consent Agenda ~ 0 Code Compliance & Legal Settlements 0 0 Public Hearing 0 City Manager's Report,=,? New Business ~ October 15, 2007 ~~n) C)-I -t ::::;-< November 5, 2007 ~n) ~~ ~ c;-> ',.- OJ November] 9, 2007 ~oon);; ~ ~:z: -0 ..i)-{ -"'- - 0 :::>= ""'co ::!f'Tl CJ::> m("") :I: November 7, 2007 November 20, 2007 December 4, 2007 Legal Unfinished Business RECOMMENDATION: Approve the attached Ordinance on first reading to amend Section 18-135 of the Code of Ordinances, entitled "Board of Trustees" of the General Employees Pension Plan. EXPLANATION: The Board of Trustees of the General Employee Pension Plan is composed of seven (7) members.: The Mayor, The City Manager, two (2) citizens appointed by the City Commission, one (1) employee representative selected at large by the members of the Plan, one employee representative selected by the membership who must be a Union member and one employee who is not a union member. The attached Ordinance modifies the configuration of the Board by allowing the City Manager to appoint a designee to serve in the Manager's place on the Board. The City Manager's Designee must be ratified by the City Commission. PROGRAM IMPACT: None. FISCAL IMPACT: None ALTERNATIVES: Not approve the Ordinance and require the City Manager to be one of the Board of Trustees of the General Employees Pension Board. ~ /#}:<; Department Head's Signature ~U~ City Manager's Signature owV Assistant to City Manager City Attorney Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I' I I, II 111 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 18, ARTICLE II OF 5 THE CODE OF ORDINANCES OF THE CITY OF 6 BOYNTON BEACH, FLORIDA TO AMEND ~18-135, 7 ENTITLED "BOARD OF TRUSTEES," TO ALLOW THE 8 CITY MANAGER TO APPOINT A DESIGNEE AS A 9 MEMBER OF THE BOARD TO SERVE IN HIS PLACE; 10 PROVIDING FOR CODIFICATION; CONFLICT; 11 SEVERABILITY; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the General Employees' Pension Plan Board of Trustees (the 15 "Board") is composed of seven members of the Board, one of which is the City 16 Manager; and 17 WHEREAS, it is the desire of the General Employees' Pension Plan Board of 18 Trustees ("Board") to enable the City Manager to appoint a designee to serve in his 1911 place on the Board; and 20 WHEREAS, the City Commission has reviewed the recommendations of the 211 Board and finds the amendments to the Plan proposed by the Board as provided herein 22 to be in the best interests of the Plan members and the City; 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIOl\' 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being 26 true and correct and are incorporated herein by this reference. CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 1 of 4 I j J '-'~~,*l""*";;'ie"~' 1 Section 2. Chapter 18, Article II, Division 4, S 18-77 of the Code of 2 Ordinances of the City of Boynton Beach, Florida, entitled "Creditable Service," is 3 hereby amended to read as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~18-135. Board of Trustees. (a) Composition of the Board. The composition and terms of the seven (7) members of the Board of Trustees of the Employees Pension Plan of the city are hereby established as follows: (1) The Mayor. (2) The City Manager, or his designee. The appointment of a City Manager designee by the City Manager shall be ratified by the City Commission. (3) Two (2) individual citizens who shall be appointed by the City Commission to serve for three (3) year staggered terms. (4) One (1) employee representative member shall be elected at-large by the members of the Plan to serve a three (3) year term. (5) One (1) employee representative member shall be elected to serve a three (3) year term by all members of the plan from the general membership of the plan, provided the member is a member of a bargaining unit of the city. (6) One (1) employee representative member shall be elected to serve a three (3) year term by all members of the plan from the general membership of the plan, provided the member is not a member of a bargaining unit of the city. (7) Employee representatives on the Board must be actively employed at the city to be elected to the Board. An employee who enters the DROP as provided in S 18- 127, may continue to serve out the remainder of their term on the Board, but an employee representative may not be elected to the Board if they have already entered into the DROP prior to the election. 27 (8) The terms of the employee representatives on the Board shall be staggered. 28 CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 2 of 4 Section 3. It is the intention of the City Commission of the City of Boynton 2 Beach that the provisions of this Ordinance shall become and be made a part of the 3 Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this 4 ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to 5 "Section", "Article" or such other word or phrase in order to accomplish such intention. 6 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 7 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 8 such conflict. 9 Section 5. If any clause, section, or other part or application of this 10 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or 11 invalid, such unconstitutional or invalid part or application shall be considered as 12 eliminated and so not effecting the validity of the remaining portions or applications II 13 remaining in full force and effect. 14 Section 6. This Ordinance shall become effective when the following has 15 occurred: 16 a) the foregoing changes to pension benefits has been ratified by the collective 17 bargaining unites) representing the General Employees. or their successor 18 organizati on; 19 b) the City Commission has received and has accepted a report establishing 20 the actuarial soundness of these an1endments; and CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 3 of 4 ! , I I 1 c) a copy of this ordinance has been forwarded to the State of Florida 2 Division of Retirement. 3 Upon satisfaction of this requirement, then in that event, the terms and provisions 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ; 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 4 of this Ordinance shall become effective. 5 FIRST READING this _ day of SECOND, FINAL READING ,2007. FLORIDA ATTEST: Janet M. Prainito, CMC City Clerk (CORPORATE SEAL) CODING: ,2007. and PASSAGE this _ day of CITY OF BOYNTON BEACH, Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 4 of 4 !\"{:...? '" ../ ..... .......\ F...... · ..; U\ \. ! :r: 0' ..... ..../v >~ j~. "'ON" XII. - LEGAL - 1st Reading ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [2J August 21, 2007 August 6, 2007 (Noon.) D D September 4, 2007 August 20, 2007 (Noon) D D September 18, 2007 September 3,2007 (Noon) D D October 2, 2007 September 17,2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office October 16, 2007 October I, 2007 (Noon November 7, 2007 October 15,2007 (Noon) November 20,2007 November 5, 2007 (Noon) n n-i =i-< -<0 ,:', -" --co 010 :0-( :::;:'Z ::P' u) -i :J: ':::J~ 0.. """CD ~fT'1 CJ> RECOMMENDATION: ex> fT'1~ Approve the first reading of Ordinance no. 07-_ amending sections 26-9 and 26-34 of the City's Code governing rates for potable water, wastewater, and capital facilities charges. December 4, 2007 November 19,2007 (Noon) AnnouncementslPresentati ons City Manager's Report o -.J :J:lO' c: G? I W Consent Agenda Code Compliance & Legal Settlements Public Hearing D D [2J D D New Business NA TURE OF AGENDA ITEM D D D D D Administrative Legal Unfinished Business EXPLANATION: Based upon a rate study completed by CH2MHiII, the City's Utilities Department will require additional revenues in order to properly operate and maintain the current system, and also to allow for future expansions and improvements. The rate structure adopted via this ordinance will generate the revenue required to meet these future demands. PROGRAM IMP ACT: Sufficient revenues are essential for maintaining proper coverage on existing bonds' debt service, and for assuring the long-term stability of the system. FISCAL IMPACT: The new potable water and wastewater rates are anticipated to generate approximately 27.4 million dollars in operating revenues for the upcoming fiscal year of 2007-08. ALTERNATIVES: Leave the current rates in place. ~<5P~ IJ. I< 11.-.4..., flJ..? Depa ment Head's Signature ' ~~ CIty Manager's SIgnature Assistant to City Manager ~ UTILITIES Department Name City Attorney / Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Xc: Peter Mazzella (w/copy of attachments) Barbara Conboy City Attorney Finance Dept File S\BULLET1N\FORMSIAGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING CHAPTER 26, WATER, SEWERS AND 6 CITY UTILITIES, AMENDING SECTION 26-9, 7 REVISING THE RATE SCHEDULE FOR POTABLE 8 WATER AND WASTEWATER; AMENDING SECTION 9 26-34, REVISING THE CAPITAL FACILITIES 10 CHARGE IMPOSED; AND PROVIDING FOR 11 CONFLICTS, SEVERABILITY, CODIFICATION AND 12 AN EFFECTIVE DATE. 13 14 WHEREAS, at the direction of the City Commission of the City'of Boynton Beach, 15 in 2005 the City's utility system consulting engineers, CH2M Hill Consulting Engineers, 16 conducted a study on water and sewer rates necessary in order for the City to provide the 17 desired level of services ("Study"); and 18 WHEREAS, based on their review of the Study and the potable water, wastewater 19 and stormwater systems and the capital facilities charges, City staff recommends 20 modifications to Chapter 26, Water, Sewers and City Utilities, of the Code of Ordinances; 21 and 22 WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of 23 proposed increase to any rate, charge or fee for water or sewer utility service, have been 24 satisfied, as the required notice has been furnished to each utility customer through the City's 25 regular billing process; and 26 WHEREAS, the City Commission of the City of Boynton Beach has determined that 27 the revenue requirement for the City's potable water, wastewater and stormwater systems will 28 increase 6.5% for FY 2008 and then 5.5% annually through 2012; and 29 WHEREAS, in order to ensure that the projected requirement increases are covered, adjustments for potable water and wastewater rates and capital facilities are necessary; and 2 WHEREAS, the City Commission of the City of Boynton Beach, based upon the 3 justification provided by the City's utility system consulting engineer in a report to the City 4 Commission in May 2007, and by City staff, deems it to be in the best interests of the citizens 5 and residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City 6 of Boynton Beach Code of Ordinances to provide for these necessary changes; 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. Each Whereas clause set forth above lS true and correct and 10 incorporated herein by this reference. 11 Section 2. That Chapter 26, Article I, Section 26-9, entitled Water and 12 II wastewater rates and charges, is hereby amended in part by deleting Schedule I, Potable 13 Water Rates, and replacing the same with a new Schedule I, Potable Water Rates, as follows: 14 15 Sec. 26-9. Water and wastewater rates and charges. 16 17 18 19 20 21 22 23 24 The monthly rates and charges for water and wastewater shall be as set forth in the five-year schedules in this section. Such rates shall become effective on October 1 sl of each of the fiscal years indicated and shall not be prorated: SCHEDULE 1. POTABLE WATER RATES (a) Residential Rates: "~10;lth(v Pot<<hle Inside City I Outside Cif]' i . " Base facility chart!e o 9.000 gallons/month , $5.00 per month 5; I .44 per thousand gallons ! $1.15 per thousand , gallons 2 J j , I ! r I Ii ~ Ii 3 Ii Ii Ii II II III : II 6 I II II I I I !~~;~; ~;;;~ I oallons . ~~:;er thous~ I !~r~; ~;;;~; ;;;: ~per th~~;;;;;d I~~~E o-al10ns/month ~~:1~~:t: (b )(b) Commercial Rages: JJ101lthl)' Potable Inside City Outside Ci(J;' TJ"7_ n, f:'. ',. .L \1'0 nn ~~_ $10.00 per month '-VV."" FV> 0 9,000 $1.15 per thousand $1.11 per thousand .11 " 9,000 30,000 $1, 96 per thousand $2.45 per thousand gallons/month " ,11. Over 30,000 $2.75 per thousand $3. 4 4 per thousand gallons/month ,11~"n "n 11~"n b~' v uv (a) Residential and Commercial rates inside city: Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over Year Charge Charge gallons/ 30,000 50,000 50,000 (Residential) (Commercial month * gallons/ gallons/ gallons/ ) month* month* month * 2007 - $4.40 $8.80 $1.16 $2.07 $2.75 $3.39 08 2008- 4.84 9.68 1.27 2.27 3.03 3.73 09 2009- 5.23 10.45 1.37 2.45 3.27 4.03 10 2010- 5.44 10.87 1.43 2.55 3.40 4.19 11 2011- 5.44 10.87 1.43 2.55 3.40 4.19 12 7 8 (b) Residential and Commercial rates outside city: 9 Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over Year Charge Charge gallons/ 30,000 50,000 50,000 (Residential) ( Commercial month* gallons/ gallons/ gallons/ ) month* month * month* 2007- $5.50 $11. 00 $1. 44 $2.58 $3.44 $4.24 08 2008- 6.05 12.10 1.59 2.84 3.78 4.67 09 3 I 2 3 2009- 6.53 13.07 1.72 3.07 ,4.08 ' 5.04 l 10 2010- 6.80 13.59 I 1.78 3.19 4.25 5.24 11 I , 2011- 6.80 13.59 11.78 I 3.19 4.25 i 5.24 12 I *Represents monthly usage rates per thousand gallons 4 Section 3. That Chapter 26, Article I, Section 26-9, entitled Water and wastewater rates 5 and charges, is hereby amended in part by deleting Schedule II, Wastewater Rates, and 6 replacing the same with a new Schedule II, Wastewater Rates, as follows: 7 SCHEDULE II. WASTEWATER RATES 8 (a) Residential and commercial rates inside city: f+seal Base Commodity Rate 1 Rate If No Viator ! I Dollars Per Thousand I Meter G~~llons , I 1990 c)1 Pm &-h-2-+ S 16. '15 I 1991 92 ~ ! ~ I ++:48 1992 93 -9:4+ ! ~* ~ 1993 91 -f-G:-l.-; -h-?4 +9-;74 1994 95 +G:--H -h-?4 +9-;74 "' 9 (b) Residential and commercial rates outside city: I Fis€a! I Base i g:~~y ~:: I Rate I[No \Vater i Dollars Per Thousand M-et€t' I I I I Gullon~; , 1990 91 ~ ~ 520.55 . i 1991 OJ ~ h+G ~ i /~ . 1992 93 -l+-:#t i l-:-g '3.21 ---~~-----_...__. 1993 94 -hhM , ~ .93 ~ , 1994 95 -hhM +-:-9J 2-L67 .._-----.--- 10 11 12 (a) Residential and commercial rates inside city: Fiscal Base i Commodity Rate I Rate If No Wat I Dollars Per Thousand I Meter Gallons l:OO 2007-08 $11.14 i $1.69 11.83 --- 2008-09 12.03 24.84 2009-10 i 12.52 -I I. 90 j 25.83 -- - er i -------~ 4 ~ ~ 2010-11 112.77 1.94 26.35 2011-12 112.96 1.97 26.75 1 2 3 (b) Residential and commercial rates outside city: Fiscal Base Commodity Rate Rate If No Water Dollars Per Thousand Meter Gallons 2007 -08 $13.93 $2.12 $28.79 2008-09 15.04 2.29 31.09 2009-10 15.64 2.38 32.33 2010-11 15.95 2.43 32.98 2011-12 16.19 2.47 33.47 I i i 4 I 5 I Section 4. That Chapter 26, Article II, Section 26-34 is hereby amended in party 6 IlbY adding the words and figures in underlined type and by deleting the words and figures in 7 I I struck-through type as follows: 8 II Sec. 26.34. Capital facilities charges and connection charges. 9 II (A) CAPITAL FACILITIES CHARGE IMPOSED. When property 10 receives water and/or sewage service from systems owned or controlled by the 11 city, the owner of such property shall pay unto the city a water and/or sewage 12 capital facilities charge as follows: 13 14 (1) Water: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (a) (b) Property located within the municipal limits of Boynton Beach. Nine hundred thiliy three dollars ($933.00) One thousand one hundred twenty-two dollars ($1 J 22.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. Property located beyond the municipal limits of Boynton Beach but within the utility service area. One thousand one hundred sixty six dollars ($1,166.00) One thousand four hundred three dollars ($1,403.00) per equivalent dwelling unit. "Equivalent dwelling 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 II 22 23 24 II 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 unit" is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article ]I of this chapter] and by reference made a part thereof. (2) Sewage: (a) Property located within the municipal limits of Boynton Beach. One hundred sixty six dollars ($ 166.00) Six hundred sixty-five dollars ($665.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. (b) Property located beyond the municipal limits of the City of Boynton Beach but within the utility service area. Eight hundred thirty-one dollars ($831.00) Two hundred scycn dollar;:; ($207.()(J) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance \vith the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. Said capital facilities charge is designed to cover the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities together with sewage transmission facilities either existing or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid or in part credited if appropriate upon the issuance of the first building permit issued on the owner's property and shall be computed based upon the rate in effect upon that date. Section 5. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. 6 Section 6. All ordinances or parts of ordinances in conflict herewith be and the 2 same are hereby repealed. 3 Section 7. Should any section or provision of this ordinance or portion hereof, 4 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 5 invalid, such decision shall not affect the remainder of this ordinance. 6 Section 8. Authority is hereby granted to codify said ordinance. 7 Section 9. This ordinance shall become effective October 1, 2007. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE this ,2007. day of CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland ATTEST: Commissioner - Mack McCray Janet M. Prainito, CMC City Clerk Commissioner - Carl McKoy (CORPORATE SEAL) 7