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2011-05-10 BACKUP Town Council h. x � TOWN OF PALM BEACH Town Manager's Office TENTATIVE: SUBJECT T REVISION TOWN COUNCIL MEETING TOWN HALL COUNCIL CHAMBERS-SECOND FLOOR 360 SOUTH COUNTY ROAD AGENDA MAY 10, 2011 9:30 A.M. For information regarding procedures for monitoring or participating in Town Council meetings,please refer to the end of this agenda. L CALL TO ORDER AND ROLL CALL Mayor Gail L. Conigho David A. Rosow, Town Council President Robert N. Wildrick, President Pro Tem William J. Diamond, Town Council Member Richard M. Kleid, Town Council Member Michael J. Pucillo, Town Council Member IL INVOCATION AND PLEDGE OF ALLEGIANCE III. PRESENTATIONS A. Legislative Summary Presented by Representative Pat Rooney. B. Recognition of Bill Bone for Service as Chairman of the Centennial Commission. C. A Proclamation of the Mayor of the Town of Palm Beach in Honor of the Palm Beach Centennial. Post Office Box 2029 •360 South County Road •Palm Beach,FL 33480 Telephone(561)838-5410 •Facsimile(561)838-5411 E-mail:townmana�4er L)townotbalmbeach.com •Website:www.townof-oalmbeach.com 1 D. Recognition of Henry P. Jamison, IV, Recreation Advisory Commission, From April 2004 Through April 2011. E. Recognition of Danielle Moore, Recreation Advisory Commission, From May 2005 Through April 2011. F. Scholarship Provided by The Palm Beach Civic Association and The Citizens' Association of Palm Beach. [Ned Barnes, Palm Beach Civic Association and Rita Taca, The Citizens' Association of Palm Beach] IV. COMMENTS OF MAYOR GAIL L. CONIGLIO V. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER VI. COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE (Another opportunity for communications from citizens will be offered immediately after the lunch break.) VII. APPROVAL OF AGENDA VIII. CONSENT AGENDA A. MINUTES: APRIL 6. 2011 Page 9 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING-LONG TERM FINANCIAL PLAN B. MINUTES: APRIL 12. 2011 Page 14 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING C. MINUTES: APRIL 12. 2011 Page 32 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING CLOSED-DOOR SESSION-PRESERVE PALM BEACH PAC VS TOWN OF PALM BEACH D. MINUTES: APRIL 13. 2011 Page 36 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING E. MINUTES: APRIL 19. 2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL Page 46 MEETING-PLANTING OF SEA OATS AT PHIPPS OCEAN PARK May 10,2011,Town Council Meeting 2 2 F. MINUTES: APRIL 21, 2011 Page 49 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING-IAFF IMPASSE HEARING G. MINUTES: MAY 2, 2011 Page 56 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING CLOSED-DOOR SESSION-TOWN OF PALM BEACH VS USA H. APPROVAL OF MAJOR MATTERS CONSIDERED BY THE Page 59 ARCHITECTURAL COMMISSION AT ITS MEETING ON APRIL 27, 2011. L RESOLUTIONS 1. RESOLUTION NO. 38-11 A Resolution of the Town Council of Page 72 the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Purchase of Five (5) Vehicles in the Total Amount of$135,610 as Previously Considered and Approved by the Town Council During the FY2011 Budget Process and Included in the Town's Equipment Replacement Program. [Kirk W. Blouin, Police Chief and Acting Fire-Rescue Chief] 2. RESOLUTION NO. 48-11 A Resolution of the Town Council of Page 77 the Town of Palm Beach, Palm Beach County, Florida, Awarding Contracts for $32,799 to Community Asphalt Corporation, and for $184,823 to Florida Highway Products, Inc., for the Annual Roadway Paving and Resurfacing, Establishing a Total Budget of $261,108 for Said Improvements, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. [H. Paul Brazil, Director of Public Works] 3. RESOLUTION NO. 51-11 A Resolution of the Town Council of Page 82 the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Foster Marine Construction, Inc., in the Amount of $1,292,960 and Establishing a Construction Phase Budget of $1,422,256 for Installation of Utility Improvements and Roadway Restoration on North Lake Way and Tangier Avenue. [H. Paul Brazil, Director of Public Works] J. OTHER 1. Authorization to Extend Display Time Frame for Centennial Street Page 90 Signs. [Jay Boodheshwar, Director of Recreation] May 10,2011,Town Council Meeting 3 3 2. Authorization to Fill Vacant Records Information Systems Position Page 93 Due to Retirement. [Kirk W. Blouin, Police Chief and Acting Fire-Rescue Chief] 3. Authorization to Fill Vacant Crime Scene Evidence Unit(CSEU) Page 96 Position Due to Retirement. [Kirk W. Blouin, Police Chief and Acting Fire-Rescue Chief] 4. Authorization to Continue Membership and to Pay Dues to the Page 99 Florida League of Cities. [Jane Struder, Director of Finance] IX. BOARD/COMMISSION ANNUAL REPORT A. Code Enforcement Board. [Timothy Hoffman, Chair and Page 101 Kirk W. Blouin, Police Chief and Acting Fire-Rescue Chief] X. REGULAR AGENDA A. Old Business 1. Update Regarding Alternatives for Mid-Town Public Beach and Clarke Avenue Public Beach. TIME CERTAIN: 10:00 A.M. a. Clarke Avenue Parking Waiver from Florida Department of Environmental Protection (FDEP). [James Green, Esq.] b. RESOLUTION NO. 50-11 A Resolution of the Town Page 108 Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Kimley-Horn and Associates, Inc., for Design Services in the Amount of $9,600 and Establishing a Design Budget of$11,000 for Establishing Parking on South County Road Between Clarke Avenue and Barton Avenue. [H. Paul Brazil, Director of Public Works] C. Mid-Town Restroom Alternative. Page 115 [H. Paul Brazil, Director of Public Works] d. Other May 10,2011,Town Council Meeting 4 4 B. New Business 1. Review of Palm Beach County Environmental Enhancement Page 118 Projects in Lake Worth Lagoon In and Near the Town of Palm Beach. [H. Paul Brazil, Director of Public Works] TIME CERTAIN: 11:00 A.M. a. Proposed Dredging Under Ibis Isle Bridge. [H. Paul Brazil, Director of Public Works] b. Ibis Isle Restoration Project. [Rob Robbins, Palm Beach County Department of Environmental Resources Management] C. Grassy Flats Restoration Project. [Rob Robbins, Palm Beach County Department of Environmental Resources Management] d. Everglades Island Inshore Artificial Reef. [Rob Robbins, Palm Beach County Department of Environmental Resources Management] e. South Cove Natural Area. [Rob Robbins, Palm Beach County Department of Environmental Resources Management] 2. Worth Avenue Improvement Project Design Element Amendments Page 121 Recommended by the Worth Avenue Improvement Project Review Committee(Hybrid Committee). [Thomas G. Bradford, Deputy Town Manager] a. Review and Approval of Proposed Design Element Amendments. b. Sunsetting of Worth Avenue Improvement Project Review Committee. 3. Consideration of Offers to Purchase 110 Angler Avenue. Page 126 [John C. Randolph, Town Attorney] 4. Appointment of Kirk W. Blouin as Director of Public Safety and Page 178 Other Actions Regarding the Town's Management Plan. [Peter B. Elwell, Town Manager] May 10,2011,Town Council Meeting 5 5 5. Accelerated Capital Improvement Program Update. [H. Paul Brazil, Director of Public Works] a. Presentation of Online Information Regarding the Accelerated Capital Improvement Program. b. Request for Extended Work Hours for Installation of Page 187 Subaqueous Force Main Under Lake Worth. 6. Commencement of Preliminary Steps Necessary for Page 190 Implementation of Modified Town Pension Plans. [Jane Struder, Director of Finance] XI. ORDINANCES A. Second Reading 1. ORDINANCE NO. 15-11 An Ordinance of the Town Council of Page 193 the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 114 Taxation, Article II, Local Business Tax, at Section 114-43 Schedule, So as to Amend the Fees Delineated for Each Business, Profession or Occupation; Expanding the Schedule for Apartments to Include Rental Dwellings; Amending Section 114-80 Relating to Exemption for Churches to Amend the Exemption to Apply to Houses of Worship; Amending Article IV, Telecommunications Services Public Service Tax by Deleting Sections 114-121 Through 114- 126 and Providing That Telecommunication Services Public Service Tax Shall Be in Accordance with Chapter 202, Florida Statutes, the Communications Services Tax Simplification Law; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. [John S. Page, Director of Planning, Zoning, and Building] B. First Reading None XII. ANY OTHER MATTERS XIIL ADJOURNMENT May 10,2011,Town Council Meeting 6 6 PLEASE TAKE NOTE • No written materials received after 5:00 p.m.on the Thursday immediately prior to a monthly Town Council meeting will be included in the back-up binders distributed to the Mayor and Town Council in preparation for that meeting. Written materials received after 5:00 p.m.on Thursday will be separately distributed to the Mayor and Town Council;however,depending upon the length of the materials,the time of submittal,and other circumstances,the Mayor and Town Council may not be able to read and consider such late submittals prior to acting upon the policy matter(s)which they address. • The progress of this meeting may be monitored by visiting the Town's website (www.townof-oalmbeach.com)and selecting"Your Government"and then selecting"Live Meeting Audio". If you have questions regarding that feature,please contact the Office of Information Systems(561)227-6315. The audio recording of the meeting will appear within 24 hours after the conclusion of the meeting under"Agendas,Minutes,and Audio." • If a person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing,he/she will need a record of the proceedings. For such purpose,he/she may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. • Disabled persons who need an accommodation in order to participate in the Town Council Meeting are requested to contact the Town Manager's Office at 838-5410 or through the Florida Relay Service by dialing 1-800-955-8770 for voice callers or 1-800-955-8771 for TDD callers,at least two(2)working days before this meeting. • Items listed on the Consent Agenda will be approved by one motion of the Town Council,unless the Mayor or an individual Council Member requests that any item(s)be moved to the Regular Agenda and individually considered. • A summary of the actions taken at Town Council meetings can be viewed on the Town's website after 5 p.m.on the Friday following the Town Council meeting. PROCEDURES FOR PUBLIC PARTICIPATION Citizens desiring to address the Town Council should proceed toward the public microphones when the applicable agenda item is being considered to enable the Town Council President to acknowledge you. PUBLIC HEARINGS: Any citizen is entitled to be heard on an official agenda item under the section entitled"Public Hearings,"subject to the three minute limitation. COMMUNICATIONS FROM CITIZENS: Any citizen is entitled to be heard concerning any matter under the section entitled "Communications from Citizens," subject to the three minute limitation. OTHER AGENDA ITEMS: Any citizen is entitled to be heard on any official agenda item when the Town Council calls for public comments, subject to the three minute limitation. Town Council Meetings are public business meetings and,as such,the Town Council retains the right to limit discussion on any issue. May 10,2011,Town Council Meeting 7 7 Town of Palm Beach 5/4/11 Meeting Schedule Tue 05/10/201109:30 AM Town Council Meeting Council Chambers Wed 05/11/2011 09:30 AM Town Council Meeting - Development Review Council Chambers Wed 05/11/201101:00 PM Finance and Taxation Committee Council Chambers Thu 05/12/2011 09:00 AM Police Officers Board of Trustees Meeting Council Chambers Wed 05/18/201109:30 AM Landmarks Preservation Commission Meeting Council Chambers Thu 05/19/201102:00 PM Code Enforcement Board Meeting Council Chambers Fri 051201201109:00 AM Firefighters Retirement Board of Trustees Meeting Council Chambers Fri 05/20/2011 02:00 PM Investment Advisory Committee Meeting Council Chambers Mon 05/23/201109:00 AM General Employee Retirement Board Council Chambers Wed 05/25/201109:00 AM Architectural Commission Council Chambers Mon 05/30/2011 04:00 AM MEMORIAL DAY TOWN HALL CLOSED Mon 06/13/201109:30 AM Special Town Council Meeting re: Proposed FY12 Budget Council Chambers Tue 06/14/201109:30 AM Town Council Meeting Council Chambers Wed 06/15/201109:30 AM Town Council Meeting-Development Review Council Chambers 8 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent Agenda Agenda Title MINUTES: APRIL 6, 2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING- LONG TERM FINANCIAL PLAN Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the April 6, 2011 Special Town Council Meeting 9 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 6, 2011 I. CALL TO ORDER AND ROLL CALL 1 The Special Town Council Meeting was called to order at 9:30 a.m. on Wednesday, April 6, 2 2011, in the Town Council Chambers. On roll call, all of the elected officials were found to be 3 present. 4 11. PLEDGE OF ALLEGIANCE 5 6 Council President Rosow led the Pledge of Allegiance. 7 III. APPROVAL OF AGENDA 8 9 Motion to approve the Agenda was made by Council Member Diamond, seconded by 10 Council Member Kleid. On roll call, the motion carried unanimously. 11 IV. 2011 LONG TERM FINANCIAL PLAN [Peter B. Elwell, Town Manager and Jane Struder, Director of Finance 12 13 Town Manager Elwell presented the Town of Palm Beach Long Term Financial Plan for Fiscal 14 Years 2011-2021, which consisted of the following: 15 16 • Status of the Fiscal Year 2010-2011 Budget 17 • Reserve Status 18 • General Fund Revenue Trend Analysis 19 • General Fund Expenditure Trend Analysis 20 • General Fund Forecast Summary 21 • Recreation Enterprise Fund Trend Analysis 22 • Recreation Enterprise Fund Forecast Summary 23 24 Council President Pro Tern Wildrick stated that he felt the Town should not focus solely on the 25 millage rate,but rather on what we need to do the job properly, the millage rate is just a 26 byproduct. [17:00-18:30] 27 10 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 6,2011 1 Council President Pro Tern Wildrick stated that we have been very good with regards to the way 2 we've issued our bonds, and challenged Town Manager Elwell to continue to watch and be strict 3 with bonds as we have done to date. [53:00-54:30] 4 5 Council Member Bill Diamond raised his concerns regarding projections for the coastal fund. 6 As the projections are based on things that are beyond the control of the Town, he feels that it is 7 dangerous to increase the millage without knowing what is required and whether the projects will 8 be done. He stated that he would rather go year by year and not put a penny into coastal unless 9 we know that it is absolutely necessary. Why pay in advance for something you may never have 10 to pay for, or not be allowed to pay for? [1:06:00-1:08:30] 11 12 Mayor Coniglio stated that by not putting additional revenue aside every year to prepare for the 13 project, the taxes for the particular year the project occurs will be substantially more. [1:07:00- 14 1:08:30] 15 16 Council President Rosow stated that he has already asked that the Taxation and Finance 17 Committee (TFC) come up with a plan to finance the coastal program. The committee will sit 18 down and talk to experts to determine the best way to finance the coastal plan. First we have to 19 get a plan, and then we as a body have to agree on what should be done. [1:08:00-1:09:30] 20 21 Council President Pro Tern Wildrick reiterated his belief that the Town should focus on what 22 they want and what it costs, not the millage, and that the best way to operate is from zero-based 23 budgeting. [1:14:30-1:16:00] 24 25 Council President Pro Tern Wildrick stated that the Town has done a good job of controlling 26 expenditures,but now we need to start looking at the revenue end. One of the largest non-ad 27 valorem sources of revenue is building permits. We have heard in the past that some individuals 28 have been discouraged with the Architectural Commission (ARCOM). We have to help 29 encourage people to get the job done in the right manner. He encouraged ARCOM to keep 30 maintaining the standards of the Town,but to also work with people to get this piece of our 31 income going. Council President Pro Tern Wildrick also commented on the successful 32 development of Worth Avenue and stated that we need to look at enhancing other areas of the 33 town, such as the Royal Poinciana Corridor. [1:16:00-1:21:00] 34 35 Council Member Kleid stated that the Shore Protection Board is putting together a plan and will 36 be making recommendations to the Town Council. This information will be important as we go 37 into the fiscal year 2012 budget process in June, where we will have to decide if we want to pay 38 as we go, pay into the fund each year, or a hybrid of the two. We are also waiting to hear from 39 the TFC to see if they have any suggestions. [1:21:00-1:22:30] 40 41 In regards to the coastal program, Town Manager Elwell stated that we can go year-by-year,but 42 he strongly recommends that a plan and funding for the coastal program be put into the long- 43 term plan now. The Council will then need to make a decision on whether to continue on a year- 44 by-year, as needed, or a when permits have been issued basis, or if they want to proceed on a 45 more level basis, like a savings account, where funds will only get expended when we're ready 46 to do a project. [1:23:00-1:26:30] 04-06-11 STC Mtg./Page 2 of 4 11 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 6,2011 1 Council Member Diamond agreed that the beaches have to be maintained. He asked that when 2 the TFC reviews how to fund the coastal program that they make sure that their projections are 3 realistic, and not based on permits that may never be granted or ideas that may be impractical. 4 [1:26:30-1:27:30] 5 6 Mayor Coniglio asked Town Manager Elwell if any funds could be spent out of the coastal fund 7 without Council approval. Town Manager Elwell replied that they could, but only in increments 8 of$100,000 or less. On any large-scale meaningful project, Council will always make the 9 decision of what gets spent and what does not. [1:28:30-1:30:00] 10 11 Council Member Kleid commented that one of the things that the Council may want to consider 12 in terms of building revenues is adding facilities to the marina, especially for mega yachts. 13 Council Member Wildrick commented that before considering adding facilities to the marina, 14 that the Town needs to do a complete market study. [1:34:00-1:40:00] 15 16 Council President Rosow suggested using Living Social and Groupon to promote the Town golf 17 course. [1:41:00-1:42:00] 18 19 Council President Rosow commented that the tennis facilities do not make a profit and that it 20 would be cheaper to give them away. Mayor Coniglio expressed her opposition to this. She 21 commented that tennis is part of the fabric of this community. Council Member Kleid stated his 22 support of the Mayor's position. [1:42:30-1:47:30] 23 24 Council President Rosow questioned if we should determine upfront where excess funds in a 25 department will go. He also stated that the Town needs to take a look at utility taxes. He feels 26 that they are a hidden tax, and the Town needs to figure out a way to do without them. 27 Outsourcing is also important to look at. [2:10:00-2:13:30] 28 29 Council President Rosow announced that he is working with Town Manager Elwell to compile a 30 list of functions of the Town to determine what is important to our residents' quality of life. He 31 asked each of the Council Members to talk to the residents and do an analysis of what we believe 32 is important so that the Council can provide guidance to staff as to how the Town should move 33 forward and what levels of service it should provide. We need to know what our standards are 34 so that we know where to put our fragile dollars. [2:15:30-2:17:30] 35 V. ANY OTHER MATTERS 36 37 There were none. 38 39 40 41 42 43 44 45 04-06-11 STC Mtg./Page 3 of 4 12 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 6,2011 1 XIV. ADJOURNMENT 2 3 There being no further business, the April 6, 2011 Special Town Council meeting was adjourned 4 at 11:49 a.m. 5 6 APPROVED: 7 8 9 10 11 David A. Rosow 12 Town Council President 13 14 ATTEST: 15 16 17 18 19 Susan A. Owens, MMC 20 Town Clerk 04-06-11 STC Mtg./Page 4 of 4 13 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent Agenda Agenda Title MINUTES: APRIL 12, 2011 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the April 12, 2011 Regular Town Council Meeting 14 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12, 2011 I. CALL TO ORDER AND ROLL CALL 1 The Regular Town Council meeting was called to order on Tuesday, April 12, 2011 at 9:30 a.m. 2 in the Town Council Chambers. On roll call, all of the elected officials were found to be present. 3 11. INVOCATION AND PLEDGE OF ALLEGIANCE 4 5 Town Attorney Randolph gave the invocation. Council President Rosow led the Pledge of 6 Allegiance. 7 III. PRESENTATIONS 8 A. Presentation by Bill Bone, Chainnan, Town of Palm Beach Centennial Commission. 9 10 Mr. Bone reported that no tax dollars had been used by his Commission in planning the 11 Centennial Celebration. He thanked the Council for their support, and thanked Town staff for all 12 their hard work. Mr. Bone then announced the upcoming Centennial events. He concluded by 13 stating that it has been a great privilege to serve in this capacity. 14 15 Council approved a request from Mr. Bone to allow the Police Department the discretion 16 to close Cocoanut Row at 4:00 p.m., if needed, for the Centennial Parade on April 17, 2011. 17 B. Recognition of Eugene Pandula, Landmarks Preservation Commission, From March 1995 Through March 2011. 18 19 Mayor Coniglio recognized Mr. Pandula for his service on the Landmarks Preservation 20 Commission. 21 C. Recognition of William Lee Hanley Jr., Landmarks Preservation Commission, From March 2003 Throu,h March 2011. 22 23 Mayor Coniglio recognized Mr. Hanley for his service on the Landmarks Preservation 24 Commission. 25 15 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 D. Reco nition of Samuel M Boykin, Architectural Commission, From March 2006 Through March 2011. 1 2 Council President Rosow announced that Mr. Boykin was unable to attend the meeting,but 3 expressed the Mayor and Town Council's thanks for his service on the Architectural 4 Commission. 5 6 Clerk's Note: Item III.G. was taken out of order and heard here. 7 E. Presentations by Applicants for Code Enforcement Board. 8 9 Town Manager Elwell announced that Madelyn Greenberg elected not to make a presentation. 10 The following applicants provided presentations to the Town Council: 11 Joel P. Koeppel 12 Scotch Peloso 13 F. Presentations by Applicants for Investment Advisory Committee. 14 15 The following applicants provided presentations to the Town Council: 16 Michael F. Andrews 17 Benton P. Bohannon 18 Kevin McCluskey 19 G. Presentations by Applicants for Recreation Advisory Commission. 20 21 Town Manager Elwell announced that Joseph Della-Giustina was not able to attend the meeting. 22 The following applicants provided presentations to the Town Council: 23 Henry D. "Budge" Jamison IV 24 Pamela McIver 25 Dr. G. Ellen Howe 26 Khooshe Aiken 27 Roberta Mambrino 28 Stuart Shulman 29 IV. COMMENTS OF MAYOR GAIL L. CONIGLIO 30 31 None 32 V. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER 33 34 Council Member Diamond spoke regarding the difference between a primary stroke center and a 35 comprehensive stroke center. Comprehensive stroke centers provide a higher level of 36 specialized care and equipment. He expressed his wish to change the current Town protocol of 04-12-11 TC Mtg./Page 2 of 17 16 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 1 taking patients to the nearest stroke center, to taking them to the closest comprehensive stroke 2 center. 3 VI. COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE 4 5 Pat Flynn, President of the Palm Beach Theatre Guild and Chairman of the Preserve Palm Beach 6 Political Action Committee, 2600 North Flagler Drive, West Palm Beach,reiterated Council 7 Member Diamond's comments on the importance of comprehensive stroke centers. He 8 requested that the Town not spend any more money on the Preserve Palm Beach lawsuit, and 9 that they resolve the referendum issue collectively. 10 11 Larry Goldfein, 2243 Ibis Isle Road, spoke regarding the negative impacts of the Ibis Isle 12 restoration projects, and asked the Council to direct staff to see what can be done to fix the 13 situation. 14 15 Council President Pro Tem Wildrick asked Town Manager Elwell to provide some background 16 on this project. Town Manager Elwell reported that these are Palm Beach County environmental 17 improvement projects. He stated that at the May 3, 2011 Town Council meeting there will be a 18 full report on the issue and on the Town's options. There will also be county representatives 19 present at the meeting to answer any questions. 20 21 Howard Rudolph, 2253 Ibis Isles, spoke regarding the negative impacts of the Ibis Isle 22 restoration projects. 23 24 Several Ibis Isle residents stood up to show the Council their concerns regarding the negative 25 impacts of the Ibis Isle restoration projects. 26 27 Tom Hunt, 2273 Ibis Isle, spoke regarding the negative impacts of the Ibis Isle restoration 28 projects. 29 30 Eric Gilbertson, 121 Chilean Avenue, spoke regarding the history of property taxes and 31 assessments. 32 33 Lewis Katz, 2275 S. Ocean Boulevard,requested that the Council direct the Shore Protection 34 Board (SPB) to allow for further review of the coastal protection plans before making a final 35 determination. 36 37 Simon Taylor, Attorney for the Preserve Palm Beach Political Action Committee (PPBPAC), PO 38 BOX 667, Palm Beach, urged the Council to end its litigation with PPBPAC and approve the 39 proposed compromise which will allow for a referendum regarding Poinciana Plaza. 40 41 Jere Zenko, 232 Tangier Avenue, distributed a report to the Council showing a breakdown of 42 what various properties paid in taxes, and suggested that the Town may need to go to assessment 43 districts. 44 04-12-11 TC Mtg./Page 3 of 17 17 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 1 Deborah Robinson, 217 Clarke Avenue, brought to the Council's attention a phone call she 2 received from Ms. Zenko that she thought was improper. 3 4 Richard Hunegs, 3360 South Ocean Boulevard, requested that the Council allow Karen Erickson 5 reasonable time to finish her analysis of the coastal protection plans before making a final 6 determination. 7 VII. APPROVAL OF AGENDA 8 9 The following changes were made to the agenda: 10 11 ADDITION: Item XI.B.la, Consideration of Scheduling an Attorney/Client Session Regarding 12 Town of Palm Beach, Florida vs. United States of America, Civil Action No. 09-64 L, in the 13 United States Court of Federal Claims, to Discuss this Matter on May 2, 2011,beginning at 9:30 14 a.m. in the Town Council Chambers, 360 South County Road, Palm Beach, Florida. 15 Attorney/Client Session Attendees: Mayor Gail L. Coniglio; Town Council Members; David A. 16 Rosow, Robert N. Wildrick, William J. Diamond, Richard M. Kleid, Michael J. Pucillo; Town 17 Manager Peter B. Elwell; Attorney Jerry Stouck, Attorney John C. Randolph; and Court Reporter 18 from Ley & Marsaa Court Reporters, Inc., was added. 19 20 WITHDRAWN: Item XII.A.1, Ordinance No. 8-11 was withdrawn and REPLACED by Item 21 XII.B.2, Ordinance No. 15-11. 22 23 DEFERRED: Item XII.B.1, Ordinance No. 13-11, was deferred. 24 25 Motion was made by Council Member Kleid and seconded by Council Member Diamond 26 to approve the Agenda as amended. On roll call, the motion carried unanimously. 27 VIII. CONSENT AGENDA 28 A. MINUTES: MARCH 8, 2011 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING 29 B. MINUTES: MARCH 8, 2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING CLOSED-DOOR SESSION 30 C. MINUTES: MARCH 9, 2011 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING D. APPROVAL OF MAJOR MATTERS CONSIDERED BY THE ARCHITECTURAL COMMISSION AT ITS MEETING ON MARCH 23, 2011. 31 32 33 04-12-11 TC Mtg./Page 4 of 17 18 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 E. RESOLUTIONS 1 1. RESOLUTION NO. 12-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Purchase of Uniform Items From Seacoast Uniforms per Bid#2011-11. [Kirk W. Blouin, Police Chief and Acting Fire-Rescue Chief] 2 2. RESOLUTION NO. 20-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Third Amendment to the Interlocal Agreement Establishing the Municipal Public Safety Communications Consortium (MPSCC) of Palm Beach County as Set Forth in Exhibit "A" Attached Hereto; Providing an Effective Date; Authorizing the Mayor Sign the Agreement as Representative of the Town of Palm Beach.[Kirk W. Blouin, Police Chief and Acting Fire-Rescue Chief] 3 3. RESOLUTION NO. 24-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, De-Designating Certain Already Designated Historic or Specimen Trees Located on Properties Within the Town of Palm Beach; Adding Newly Designated Historic or Specimen Trees; Providing for the Recording of Said Designations, De-designations, and Providing That a Copy of this Resolution Be Recorded in the Public Records of Palm Beach County, Florida. [H. Paul Brazil, Director of Public Works] 4 4. RESOLUTION NO. 28-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing Funding to Florida Power & Light (FPL) for Electrical Service Upgrades in the Amount of $15,415.64 for the D-15 (D-6 & D-7) Pump Station Project and Establishing a Budget of $17,700.[H. Paul Brazil, Director of Public Works] 5 5. RESOLUTION NO. 29-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Kimley-Horn and Associates (KHA) in the Amount of $152,075 and Establishing a Design Phase Budget of $167,300 for the North Flagler Drive Force Main Project for the Town of Palm Beach.[H. Paul Brazil, Director of Public Works] 6 6. RESOLUTION NO. 30-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to D. S. Eakins Construction Corporation in the Amount of$54,000 and Establishing a Project Budget of$60,000 for Lift Station 22 Piping Modifications for the Town of Palm Beach. [H. Paul Brazil, Director of Public Works] 7 7. RESOLUTION NO. 32-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Purchase Order to Mathews Consulting, Inc., in the Amount of $79,597 for Additional Force Main Design Services Between Sanitary Sewage Pumping Stations A-7 and A-39 for the Town of Palm Beach, and Establishing a Design Phase Budget of$87,557.[H. Paul Brazil, Director of Public Works] 8 04-12-11 TC Mtg./Page 5 of 17 19 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 8. RESOLUTION NO. 33-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving An Insurance Agent Services Agreement Addendum Number One Between the Town and Wells Fargo Insurance Services To Provide For Enhanced Insurance Agent Services to the Town and Authorizing the Town Manager to Execute the Same on Behalf of the Town.[Thomas G. Bradford, Deputy Town Manager] 9. RESOLUTION NO. 34-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Pre-Construction Phase Contract to Burkhardt Construction, Inc., in the Amount of $87,000 and Establishing a Pre-Construction Phase Budget of $95,700 for (Construction Program Management) Construction Management at Risk Services for the A-39 to A-7 Pump Station Force Main Replacement.[H. Paul Brazil, Director of Public Works] 1 10. RESOLUTION NO. 35-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Town Council President to Execute an Interlocal Agreement with the Northern Palm Beach County Improvement District for Assistance in the Continuation of the Provisions of the National Pollutant Discharge Elimination System Third Term Permit.[H. Paul Brazil, Director of Public Works] 2 11. RESOLUTION NO. 36-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving An Underground Facilities Conversion Agreement With Florida Power & Light Company in the Amount of$131,326 in Conjunction With the Via Fontana Underground Utilities Special Assessment Project and Authorizing the Town Manager To Execute the Same on Behalf of the Town; Authorizing the Establishment of A Line of Credit for the Via Fontana Project and Authorizing the Expenditure of Appropriated Burial of Overhead Lines Monies Within the Capital Improvement Fund To Facilitate the Timely Completion of the Via Fontana Project With Said Funds To Be Reimbursed To the Town Immediately Upon Establishment of the Line of Credit Herein Above Approved. [Thomas G. Bradford, Deputy Town Manager] 3 12. RESOLUTION NO. 37-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Declaring the Town's Official Intent to Seek Reimbursement for Certain Expenditures made or to be made in with respect to the burying of Certain Utility Cables Within the Town and Certain Streetscape Improvements and Related Capital Projects from the Proceeds of its Not to Exceed $5,000,000 Principal Amount of Bonds and Providing for An Effective Date.[Thomas G. Bradford, Deputy Town Manager] 4 13. RESOLUTION NO. 39-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Pantropic Power, Inc. for the Procurement, Delivery, Installation and Start-up of Two, 750 KW Generators for the D-6 and D-7 Storm Water Pump Stations, in the Amount of $237,830.82 and Establish an Overall Budget of$260,000. [H. Paul Brazil, Director of Public Works] 04-12-11 TC Mtg./Page 6 of 17 20 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 14. RESOLUTION NO. 40-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Mock Roos & Associates (MRA) in the Amount of $50,000 and Establishing a Project Budget of $55,000 for Miscellaneous Storm Drainage Improvements for the Town of Palm Beach.[H. Paul Brazil, Director of Public Works] 1 15. RESOLUTION NO. 41-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Corzo Castella Carballo Thompson Salman (C3TS) in the Amount of$50,000 and Establishing a Project Budget of$55,000 for Miscellaneous Sanitary Sewer Improvements for the Town of Palm Beach.[H. Paul Brazil, Director of Public Works] 2 16. RESOLUTION NO. 44-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Kimley-Horn and Associates, Inc., in the Amount of $6,850 for Contamination Assessment and Remediation Plan Services, Establishing a Remediation Plan Phase Budget of $30,000.[H. Paul Brazil, Director of Public Works] 3 17. RESOLUTION NO. 46-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Town Manager to Enter into Contract Extensions with Storm Reconstruction Services, Inc. (SRS) and TFR Enterprises, Inc., for Debris Management, Removal, Reduction and Disposal.[H. Paul Brazil, Director of Public Works] 4 18. RESOLUTION NO. 47-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Approving the Purchase of Two Ford Fusion Hybrid Staff Replacement Vehicles in the Amount of $55,440 for the Department of Public Works with An Estimated Net Cost of $40,120 Upon Receipt of Anticipated State of Florida Energy Efficiency and Conservation Block Grant Proceeds and Authorizing the Town Manager to Execute Necessary Purchasing Documents to Effect the Acquisition on Behalf of the Town. [Thomas G. Bradford, Deputy Town Manager] 5 F. OTHER 6 1. Investment Advisory Committee Appointments.[Jane Struder, Director of Finance] 7 2. Code Enforcement Board Appointments.[Kirk W. Blouin, Police Chief] 8 3. Approval to Allow Horse Drawn Carriages in the Centennial Parade on April 17, 2011. [Jay Boodheshwar, Director of Recreation] 9 4. Authorization to Fill Vacancies in Public Works. [H. Paul Brazil, Director of Public Works] 04-12-11 TC Mtg./Page 7 of 17 21 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 1 2 Motion was made by Council Member Diamond and seconded by Council Member Kleid 3 to approve the Consent Agenda. On roll call, the motion carried unanimously. 4 IX. BOARD/COMMISSION ANNUAL REPORT 5 A. Architectural Commission. [Jeffery W. Smith, Chair and John S. Page, Director of Planning, Zoning, and Building] 6 7 Jeffery Smith, Chair of the Architectural Commission, presented a summary of the Architectural 8 Commission Annual Report. 9 10 Motion was made by Council Member Diamond and seconded by Council Member Kleid 11 to accept the report. On roll call, the motion carried unanimously. 12 X. COMMITTEE REPORTS 13 A. Finance and Taxation Committee of March LR 9, 2011. obert N. Wildrick, President Pro Lem Meeting. 14 15 Council President Pro Tern Wildrick presented a summary of the Finance and Taxation 16 Committee Meeting of March 9, 2011. 17 18 Motion was made by Council Member Diamond and seconded by Council Member Kleid 19 to accept the report. On roll call, the motion carried unanimously. 20 B. Ordinances, Rules, and Standards Committee Meeting of March 29, 2011. William J. Diamond Town Council Member 21 22 Council Member Diamond presented a summary of the Ordinances, Rules, and Standards 23 Committee Meeting of March 29, 2011. 24 25 Motion was made by Council Member Kleid and seconded by Council Member Pucillo to 26 accept the report. On roll call, the motion carried unanimously. 27 XI. REGULAR AGENDA 28 A. Old Business 29 1. Public Parking Requirements for the Clarke Avenue Beach. [Gail L. Coni2lio, Maa orl 30 31 Mayor Coniglio reported back to the Council on the meeting she facilitated with the 32 Clarke Avenue and the Sea street residents on April 7, 2011. There was an update 33 from Attorney Jim Green on the Florida Department of Environmental Protection 04-12-11 TC Mtg./Page 8 of 17 22 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 1 (DEP) waiver. The Town offered a two-for-one trade off using the surplus parking 2 at Mid-Town Beach,but DEP staff did not support the idea. Another idea discussed 3 was to extend the boundaries to capture more spaces. There was also discussion 4 about returning the money the Town received back to the state. This would null and 5 void the Clarke Avenue access needs. $600,000 would need to be returned to DEP; 6 additionally, the Town could lose $800,000 for the next beach nourishment project. 7 8 The second option was bathrooms. A bathroom at Mid-Town Beach would qualify 9 it as a primary beach, and then the Clarke Avenue parking requirements would 10 disappear. After that meeting there was discussion amongst the residents about 11 paying for the potential bathroom with private funds. 12 13 The next option was to add parking along South County Road. There were concerns 14 from both the residents and the Police Department that this would create further 15 bottlenecks in that area. 16 17 South Ocean Boulevard was another option. It would be one-way from Barton 18 Avenue to Royal Palm Way. The consensus was that the parallel parking would go 19 on the eastern most side, which would impact the ocean front homeowners as they 20 are now. We would need a traffic study for this option. Another option was the 21 Barton Avenue beach access, which would allow for 13 spaces by widening the 22 pathway on the south side of Estee Lauder's property. That option was not met with 23 much approval. The last option was to spread the parking burden to Seaspray, 24 Seabreeze, Clark, and Barton. There was a question as to if Seaview would be 25 included in that group. Mayor Coniglio stated that it would not as it is just outside 26 the l/4 mile measurement. The question on shared parking remains as DEP requires 27 that a collective boundary of parking spaces be available. The counted parking 28 spaces cannot be scattered. 29 30 Mayor Coniglio reported that beach badges were also discussed. They are not 31 prohibited by the state but are unenforceable east of the Erosion Control Line. The 32 only thing we can control is the lands they cross over. However, equal access must 33 be given. This means that it must be the same cost for residents and non-residents. 34 There were questions on who would have to pay, how it would be collected, and 35 how it would be enforced. 36 37 Mayor Coniglio concluded her report by announcing that at the end of the meeting 38 there was a poll and first was to continue with the DEP waiver. Installing bathrooms 39 was the number one vote, with spreading the parking burden and the South County 40 Road options coming in second and third. She encouraged the Council to collect 41 more data and allow the community to weigh in at the May 10, 2011 Council 42 meeting. 43 44 With regards to the bathrooms, several concerns were raised by the Council over 45 cost, security, criminal activity, sanitary and health conditions, maintenance, and 46 changing the nature of the beach. 04-12-11 TC Mtg./Page 9 of 17 23 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 1 2 Steve Greenwald, 128 Seaspray Avenue, stated that he supports adding a bathroom, 3 and that he collected 110 petitions from residents in support of same. 4 5 Maura Ziska, Kochman & Ziska PLC, 222 Lakeview Avenue, West Palm Beach, 6 representative of the Ocean block of Clark Avenue, stated that the residents she is 7 representing would be agreeable to fundraising to pay for a study on the bathrooms 8 option. 9 Deborah Robinson, 217 Clarke Avenue, representative of the 2nd block of Clark 10 Avenue, stated that she has collected 13 signatures from her neighbors in support of 11 adding a bathroom, and requested that the Council not wait to move forward on this. 12 13 Council consensus was to have staff begin a preliminary analysis of the Mid-Town 14 restrooms alternative and report back at the May 10, 2011 Town Council meeting 15 regarding that and all other alternatives. 16 2. Roval Poinciana Wav Median Turn-Around-Results of Traffic Engineers' Analysis. [John S. Page, Director of Planning, Zoning, and BuildiU 17 18 John Page, Director of Planning, Zoning, and Building, presented a summary of the 19 staff report. 20 21 Alexander Ives, Preservation Foundation of Palm Beach, 311 Peruvian Avenue, 22 stated that this is a landmarked vista, and any plans will have to go before the 23 Landmark Preservation Board. Also, if the Town fills in this median, then there will 24 be no opportunity to put a cut thru street in at the bank as was discussed in the past. 25 26 Leslie Evans, 135 Seminole Avenue, stated that he was in support of closing the 27 median turn-around. 28 29 Allen Wyett, 1145 North Lake Way, stated that he was opposed to closing the 30 median turn-around. He suggested that the Council wait a year until construction in 31 the area is done,block it off manually, and see if it works. 32 33 David Barton, 216 Jamaica Lane, stated that he was opposed to closing the median 34 turn-around. 35 36 Joyce McClearly, 233 Royal Poinciana Way, Vice President of Royal Poinciana 37 Way Association, Palm Beach, stated that she was in support of closing the median 38 turn-around. 39 40 Council consensus was to install temporary barricades first (early in the 2011-2012 winter 41 season) to determine the effect on traffic flow. 42 B. New Business 43 04-12-11 TC Mtg./Page 10 of 17 24 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 1. Consideration of Scheduling an Attornev/Client Session Regarding Preserve Palm Beach Political Action Committee and Patrick Henry Flynn v. Town of Palm Beach, Florida, Case No. 4D10-4751, in the District Court of Atpeal, State of Florida, Fourth District, to Discuss this Matter to Begin bumediately Following this Regular Town Council Meeting in the Town Council Chambers 360 South County Road Palm Beach Florida. Attorney/Client Session Attendees: Mayor Gail L. Coniglio; Town Council Members; David A. Rosow, Robert N. Wildrick William J. Diamond Richard M. Kleid Michael J. Pucillo and Town Manager Peter B. Elwell; Attorney John C. Randolph; and Court Reporter from Ley & Marsaa Court Reporters Inc. [John C. Randolph, Town Attorney 1 2 Town Attorney Randolph read into the record the announcement of the Attorney Client session 3 that would immediately follow adjournment of this Regular Town Council meeting. 4 5 Motion was made by Council Member Diamond and seconded by Council Member Kleid 6 to schedule the Attorney Client session. On roll call, the motion carried unanimously. 7 8 Clerk's Note: The following Item was added to the Agenda. 9 10 a. Consideration of Scheduling an Attorney/Client Session Regarding Town of Palm Beach, 11 Florida vs. United States of America, Civil Action No. 09-64 L, in the United States Court 12 of Federal Claims, to Discuss this Matter on May 2, 2011,beginning at 9:30 a.m. in the 13 Town Council Chambers, 360 South County Road, Palm Beach, Florida. Attorney/Client 14 Session Attendees: Mayor Gail L. Coniglio; Town Council Members; David A. Rosow, 15 Robert N. Wildrick, William J. Diamond, Richard M. Kleid, Michael J. Pucillo; Town 16 Manager Peter B. Elwell; Attorney Jerry Stouck, Attorney John C. Randolph; and Court 17 Reporter from Ley & Marsaa Court Reporters, Inc. [John C. Randolph, Town Attorney] 18 19 Town Attorney Randolph read into the record the announcement of the Attorney Client session 20 that would be held on May 2, 2011. 21 22 Motion was made by Council Member Diamond and seconded by Council Member Kleid 23 to schedule the Attorney Client session. On roll call, the motion carried unanimously. 24 2. Consideration of Funding $2,622.19 for a Traffic Studv for the 400 Block of Peruvian Avenue to Determine the Anticipated Impact of Reducing Lane Width in Connection with a Streetscape Improvement Project to be Paid for by Adjacent Prow Owners. [Thomas G. Bradford, Deputy Town Manager 25 26 Several concerns were raised by the Council over who should pay for the project. 27 Town Manager Elwell clarified that the intent of the Town funding this traffic study 28 is to make sure the project will not create a traffic problem. All subsequent costs 29 related to the design,permitting, and execution of the improvements would be paid 30 for in a similar manner to the Worth Avenue project, where the private property 31 owners paid for the improvements themselves. John Page, Director of Planning, 32 Building, and Zoning, added that there were monies in his budget for funding 33 studies of this magnitude. When asked about precedent, Manager Elwell stated that 04-12-11 TC Mtg./Page 11 of 17 25 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 1 it has gone both ways and cited the public-private partnership on the Worth Avenue 2 Project. 3 4 Allen Wyett, 1145 North Lake Way, stated that there is no precedent for this, and 5 that he is opposed to narrowing streets. 6 7 Bill Feldkamp, 401 Peruvian Avenue, Palm Beach, stated his support for the project, 8 and that he and his neighbors are seeking a signal from the Council that this is 9 something that they support. 10 11 Motion was made by Council President Pro Tem Wildrick and seconded by 12 Council Member Diamond to approve with the residents paying for the study. 13 On roll call, the motion carried 4-1 with Council Member Pucillo dissenting. 14 Motion was made by Council Member HIeid and seconded by Council Member 15 Diamond to reconsider the previous motion. On roll call, the motion carried 16 unanimously. 17 18 Motion was made by Council President Pro Tem Wildrick and seconded by 19 Council Member HIeid to approve funding subject to reimbursement by the 20 Special Taxing District when it is approved. If the Special Taxing District is 21 not approved, they will make the appropriate adjustments so that the Town can 22 approve the plan. On roll call, the motion carried unanimously. 23 3. Shore Protection Board 24 a. Shore Protection Board Recommendation for Dune Planting at Phipps Ocean Park. 25 26 Town Manager Elwell presented a summary of the staff report and objections. He emphasized 27 that, due to the current conditions, there is a great likelihood that the sea oats will wash away and 28 that the investment will be lost. 29 30 Concerns were raised over people walking across and eroding the dunes. Town Manager Elwell 31 stated that, where the dune is vegetated, we can prohibit people from getting onto the dune and 32 cite them for violating the law. On the open sandy beach near the dune we try to discourage 33 people from walking on the dunes, but it can legally be used that way. 34 35 Town Manager Elwell pointed out that the sand that was placed in this project was supplemental 36 to the existing dune, that it is not the next wave of storm protection for the Town. The sand was 37 put there with the expectation that it will move into the system and that it will be washed away 38 under normal beach conditions, not just a large storm. 39 40 Carla Herwitz, 2275 South Ocean Boulevard, stated that she was in support of the Shore 41 Protection Board's recommendation for planting the sea oats. 42 43 Jerry Frank, 2784 South Ocean Boulevard, stated that he was in opposition to planting the sea 44 oats. He felt that, in this instance, they would not last. 04-12-11 TC Mtg./Page 12 of 17 26 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 1 2 Motion was made by Council President Pro Tem Wildrick and seconded by Council 3 President Rosow to reject the recommendation of the Shore Protection Board. On roll call, 4 the motion failed 2-3 with Council Members Diamond, Kleid, and Pucillo dissenting. 5 6 Motion was made by Council Member Pucillo and seconded by Council Member Diamond 7 to accept the recommendation of the Shore Protection Board. On roll call, the motion 8 carried 3-2 with Council President Pro Tem Wildrick and Council President Rosow 9 dissenting. 10 b. Addition of Save Our Shores (SOS) Coalition Members to the Shore Protection Board. [William J. Diamond, Town Council Member] 11 12 Council Member Diamond presented his proposal to appoint members of the 13 Save Our Shores (SOS) Coalition to the Shore Protection Board to the 14 Council. 15 16 Anne Pepper, 333 Seaspray Avenue, representing the Neighbors Association 17 of Palm Beach, made a request for more signs to be placed on the restored 18 dunes around the Par 3 Golf Course and at Phipps Ocean Park. People do not 19 understand the fragile nature of the dunes and the sea oats. She also suggested 20 adding to the signs that violators will be fined. Ms. Pepper stated that she was 21 in support of Council Member Diamond's proposal. 22 23 Richard Hunegs, 3360 South Ocean Boulevard, stated that he was in support 24 of Council Member Diamond's proposal. 25 26 Motion was made by Council Member Diamond to accept his proposal to add SOS 27 members to the Shore Protection Board. Motion died for lack of a second. 28 4. Strategic Plan Implementation Status Report. [John S. Page, Director of Planning, Zoning, and Buildinyl 29 30 Council Member Diamond noted that the reference to Good Samaritan as being a 31 comprehensive stroke center needed to be amended to say that it is a primary stroke 32 center. 33 34 Council Member Kleid noted that the Town's creation of its County Budget 35 Taskforce needed to be added into the report. 36 37 Town Manager Elwell stated that this is just an annual status report,but a year from 38 now the Council will need to decide whether, and if so how, to move forward with 39 an entirely fresh strategic planning process. The Council also has the option of 40 going through this process sooner if they wish. 41 04-12-11 TC Mtg./Page 13 of 17 27 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 1 Motion was made by Council Member Diamond and seconded by Council 2 Member Kleid to amend the report to change the designation of Good 3 Samaritan from a comprehensive stroke center to a primary stroke center, to 4 add the Town's creation of its County Budget Taskforce, and to accept the 5 report as amended. On roll call, the motion carried unanimously. 6 5. Staff Assistance to Citizens Conducting Research. Peter B. Elwell, Town Manager] 7 8 Town Manager Elwell presented a summary of the staff report. 9 10 Motion was made by Council Member Diamond to add a sixth point to the 11 recommended policy: "Any aggrieved citizen has the right to appeal to the 12 Town Council any staff decision restricting access to any document or 13 explanation thereof." Motion died for lack of a second. 14 15 Council Member Kleid noted that there was a typo on number 2 of the report. It 16 should read, "Staff will always attempt to candidly answer reasonable questions 17 about what those documents mean and/or about related actions which are being 18 taken or considered." 19 20 Council consensus was to amend number 2 of the proposal to read, "Staff will 21 always attempt to candidly answer reasonable questions about what those 22 documents mean and/or about related actions which are being taken or 23 considered.", and to accept the proposal as amended. 24 6. Recreation Advisory Commission Appointments. [Jay Boodheshwar, Director of Recreation] 25 26 Council President Rosow announced the results of the appointments to the Recreation Advisory 27 Commission. The new three regular members are: Khooshe Aiken, Pamela McIver, and Stuart 28 Shulman. A decision on appointing alternate members was deferred in order for staff to 29 determine if the two members that were not reappointed wish to serve as alternates. The Town 30 will readvertise the openings and appointments will be made at a future meeting. 31 32 Motion was made by Council Member Diamond and seconded by Council Member Pucillo 33 to ratify the appointments. On roll call, the motion carried unanimously. 34 XII. ORDINANCES 35 A. Second Reading 36 1. ORDINANCE NO. 8-11 An Ordinance of the Town Council of the Town of Palm Beach Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 114 Taxation Article II Local Business Tax at Section 114-43 Schedule So as to Delete Therefrom the Fees Delineated for Each Business, Profession or Occupation and Providing 04-12-11 TC Mtg./Page 14 of 17 28 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 That the Annual Business Tax Fee Shall Be Established by Resolution of the Town Council as May Be Amended from Time to Time-, Expanding the Schedule for Apartments to Include Rental Dwellin s-, Expanding the Schedule for Motor Scooter and 112ILrcycle Rental to Include Mopeds, Jet Skis, Recreational Vehicles, Etc-, Expand the Schedule to Include Recreational Venues (Outdoor) Including Tennis Courts, Raccluetball Courts, Etc.-, Amending Section 114-80 Relating to Exemption for Churches to Amend the Exem tip ors to Annly to Houses of Worship; Amending Article IV, Telecommunications Services Public Service Tax by Deleting Sections 114-121 Through 114-126 and Providing That Telecommunication Services Public Service Tax Shall Be in Accordance with Chapter 202, Florida Statutes the Communications Services Tax Simplification Law; Providing for Severability-, Providing for Reveal of Ordinances in Conflict.- Providing for Codification-, Providing an Effective Date. [Thomas G. Bradford, Deputy Town Manager] Ordinance No. 8-11 Is Withdrawn and Replaced by Ordinance No. 15-11. 1 2 Clerk's Note: Ordinance No. 8-11 was withdrawn and replaced by Item XII.B.2., Ordinance No. 3 I5-11. 2. ORDINANCE NO. 9-11 An Ordinance of the Town Council of the Town of Palm Beach Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 116 Relating to Telecommunications-, Amending Article I, in General; Providing a New Article II, Use of the Public Rights-of-Way; Deleting the Existing Article II in its Entirety Pertaining to Enforcement and Remedies-, Deleting the Existing Article III in its Entirety Pertaining t:-pecial Rules-, Providing a New Article III, Registration-, Providing a New Article IV, Administration and Enforcement and Amending the Article Pertaining to Private Communication Facilities by Renumbering it to Become Article V-, Providing; for Severability-, Providing for Repeal of Ordinances in Conflict-, Providing for Codification-, Providing an Effective Date [Thomas Cl Bradford Deputy Town Managed 4 5 Town Attorney Randolph read Ordinance No. 9-11 by title, as printed above. 6 7 Motion was made by Council Member Diamond and seconded by Council Member Kleid 8 to adopt Ordinance No. 9-11. On roll call, the motion carried unanimously. 9 3. ORDINANCE NO. 10-11 An Ordinance of the Town Council of the Town of Palm Beach Palm Beach County, Florida, Amending the Town Code of Ordinances at Chanter 118 Relating to Traffic and Vehicles-, Amending Section 118-1-, Deleting Section 118-51-, Amending Section 118-86, 118-90, 118-92, 118-93, 118-94, 118-95, 118-96, 118-122, 118- 123, 118-124-, Deleting Section 118-125-, Amending Sections 118-126, 118-127, 118-128-, Deleting Section 118-130-, Amending; Sections 118-131, 118-132, 118-133, 118-134, 118- 135, 118-136, 118-137-, Deleting Sections 118-140 and 118-141-, Amending Sections 118- 145, 118-149, 118-151, 118-155, 118-159.1 and 118-164-, Providing for Severabilityl Providing for Repeal of Ordinances in Conflict-, Providing for Codification-, Providing an Effective Date. [Thomas O. Bradford, Dewy Town Mang 10 11 Town Attorney Randolph read Ordinance No. 10-11 by title, as printed above. 12 04-12-11 TC Mtg./Page 15 of 17 29 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 1 Motion was made by Council Member Diamond and seconded by Council Member Kleid 2 to adopt Ordinance No. 10-11. On roll call, the motion carried unanimously. 3 4. ORDINANCE NO. 11-11 An Ordinance of the Town Council of the Town of Palm Beach Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 122 Relating to Utilities; Amending Sections 122-52, 122-77, 122-80, 122-118, 122-140, 122- 141, 122-142 and 122-157; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. [Thomas G. Bradford, Deputy Town Manager] 4 5 Town Attorney Randolph read Ordinance No. 11-11 by title, as printed above. 6 7 Motion was made by Council Member Diamond and seconded by Council Member Kleid 8 to adopt Ordinance No. 11-11. On roll call, the motion carried unanimously. 9 10 5. ORDINANCE NO. 12-11 An Ordinance of the Town Council of the Town of Palm Beach Palm Beach County, Florida, Amending the Town Code of Ordinances at Chanter 126 Relatin- to Vegetation; Amending Sections 126-31 and 126-83; Deleting Section 126-88; Providing for Severability; Providing for Reveal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. [Thomas G. Bradford, Deputy Town Manager] ] 11 12 Town Attorney Randolph read Ordinance No. 12-11 by title, as printed above. 13 14 Motion was made by Council Member Diamond and seconded by Council Member Kleid 15 to adopt Ordinance No. 12-11. On roll call, the motion carried unanimously. 16 B. First Reading 17 1. ORDINANCE NO. 13-11 An Ordinance of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 130 Relating to Vehicles for Hire; Amending Sections 130-31, 130-33, 130-61, 130-62, 130-64, 130-68, 130-69, 130-70 and 130-97; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. [Thomas G. Bradford, Deputy Town Manager] Deferred from the March 8, 2011, Town Council Meeting. Request for Deferral to a Future Town Council Meeting. 18 19 Clerk's Note: Ordinance No. 13-11 was deferred. 20 2. ORDINANCE NO. 15-11 An Ordinance of the Town Council of the Town of Palm Beach Palm Beach Countv, Florida, Amending the Town Code of Ordinances at Chanter 114 Taxation Article II Local Business Tax at Section 114-43 Schedule So as to Amend the Fees Delineated for Each Business, Profession or Occupation; Expanding the Schedule for Apartments to Include Rental Dwellings; Amending Section 114-80 Relating to Exemption for Churches to Amend the Exemption to Apply to Houses of Worship; Amending Article 04-12-11 TC Mtg./Page 16 of 17 30 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12,2011 IV Telecommunications Services Public Service Tax by Deleting; Sections 114-121 Throuzh 114-126 and Providinz That Telecommunication Services Public Service Tax Shall Be in Accordance with Charter 202 Florida Statutes, the Communications Services Tax Simplification Law; Providing for Severability9 Providing for Repeal of Ordinances in Conflicts Providing for Codification: Providing an Effective Date. [John S. Page, Director of Planning, Zoning, and Buildingi 1 2 Town Attorney Randolph read Ordinance No. 15-11 by title, as printed above. 3 4 Motion was made by Council Member Diamond and seconded by Council 5 Member Kleid to approve Ordinance No. 15-11. On roll call, the motion 6 carried unanimously. 7 XIII. ANY OTHER MATTERS 8 A. RESOLUTION NO. 45-11. A Resolution of the Town Council of the Town of Palm Beach Palm Beach County, Florida, Imposing Fees, Fines and Penalties for Parking, Valet Permits, Water Conservation, Industrial Waste, Limousine and Chauffeur Permits, Providing an Effective Date. [Jane Struder, Director of Finance] 9 10 Town Attorney Randolph read Resolution No. 45-11 by title, as printed above. 11 12 Motion was made by Council Member Diamond and seconded by Council Member Kleid 13 to approve Resolution No. 45-11. On roll call, the motion carried unanimously. 14 XIV. ADJOURNMENT 15 16 There being no further business, the Regular Town Council Meeting of Tuesday, April 12, 2011 17 was adjourned at 2:11 p.m. 18 19 APPROVED: 20 21 22 23 24 David A. Rosow 25 Town Council President 26 27 ATTEST: 28 29 30 31 32 Susan A. Owens, MMC 33 Town Clerk 04-12-11 TC Mtg./Page 17 of 17 31 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent Agenda Agenda Title MINUTES: APRIL 12, 2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING CLOSED-DOOR SESSION-PRESERVE PALM BEACH PAC VS TOWN OF PALM BEACH Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the April 12, 2011 Special Town Council Meeting Closed-Door Session 32 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 12, 2011 I. CALL TO ORDER AND ROLL CALL 1 The Special Town Council meeting was called to order at 2:13 p.m. on Tuesday, April 12, 2011, 2 in the Town Council Chambers. On roll call, all of the elected officials were found to be present. 3 II. APPROVAL OF AGENDA 4 5 Motion was made by Council Member Diamond and seconded by Council President Rosow 6 to approve the Agenda as printed. On roll call, the motion carried unanimously. 7 III. PRESERVE PALM BEACH POLITICAL ACTION COMMITTEE AND PATRICK HENRY FLYNN VS TOWN OF PALM BEACH AND CASE NO. 4D10-4751, IN THE DISTRICT COURT OF APPEAL, STATE OF FLORIDA, FOURTH DISTRICT. 8 9 F.S. 286.011(8) allows the Mayor, Town Council, and the Town Manager to meet in a Closed- 10 Door Attorney/Client Session for the purpose of discussing strategy related to litigation. 11 12 Council President Rosow announced the following: 13 14 a.) The Attorney/Client Closed-Door Session 15 b.) The estimated time is thirty minutes 16 c.) The names of the persons attending: 17 Gail L. Coniglio, Mayor 18 David A. Rosow, Town Council President 19 Robert N. Wildrick, Town Council President Pro Tern 20 William J. Diamond, Town Council Member 21 Richard M. Kleid, Town Council Member 22 Michael J. Pucillo, Town Council Member 23 John C. Randolph, Town Attorney 24 Peter B. Elwell, Town Manager 25 Ley and Marsaa, Court Reporters 26 27 At 2:16 p.m., the persons attending the meeting (listed above)relocated from the Town Hall 28 Council Chambers to the immediately adjacent conference room. 33 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING(PPBPAC&FLYNN v. PB) HELD ON TUESDAY, APRIL 12,2011 IV. RECONVENE SPECIAL TOWN COUNCIL MEETING IN THE TOWN HALL COUNCIL CHAMBERS 1 2 A.) Call to Order 3 4 The Special Town Council meeting was reconvened at 3:22 p.m., in the Town Council 5 Chambers. 6 7 B.) Town Council President to Announce the Termination of the Attorney/Client 8 Session. 9 10 Council President Rosow announced the termination of the Attorney/Client Session. He stated 11 that the Town Council listened to a report from its Attorney, John Randolph,regarding its 12 litigation against the Preserve Palm Beach Political Action Committee and Patrick Flynn. 13 14 Motion was made by Council Member Kleid and seconded by Council Member Pucillo to 15 reject the settlement offer by the Preserve Palm Beach Political Action Committee and the 16 Palm Beach Theatre Guild. On roll call, the motion carried 4-1, with Council Member 17 Diamond dissenting. 18 19 Motion was made by Council Member Diamond and seconded by Council Member Pucillo 20 to direct Town Attorney Randolph to make an offer to the Preserve Palm Beach Political 21 Action Committee and the Palm Beach Theatre Guild that they drop both of their appeals, 22 one to the Supreme Court and one to the District Court of Appeals, in return the Town 23 Council will instruct its Attorney to drop the Town's motion for sanctions in the second 24 case, and to remind the Preserve Palm Beach Political Action Committee and the Palm 25 Beach Theatre Guild that they have remedy through the Town's Code of Ordinances to 26 seek redress in the form of a petition in the event that any development occurs which 27 changes the Town of Palm Beach's Comprehensive Plan or its Zoning Code. On roll call, 28 the motion carried unanimously. 29 V. ANY OTHER MATTERS 30 31 There were none. 32 33 34 35 36 37 38 39 40 41 42 04-12-11 STC Mtg.(PPBPAC&FLYNN v. PB)/Page 2 of 3 34 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING(PPBPAC&FLYNN v. PB) HELD ON TUESDAY, APRIL 12,2011 VI. ADJOURNMENT 1 2 There being no further business, the Special Town Council Meeting of Tuesday, April 12, 2011 3 was adjourned at 3:24 p.m. 4 5 APPROVED: 6 7 8 9 10 David A. Rosow 11 Town Council President 12 13 ATTEST: 14 15 16 17 18 Susan A. Owens, MMC 19 Town Clerk 04-12-11 STC Mtg.(PPBPAC&FLYNN v. PB)/Page 3 of 3 35 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent Agenda Agenda Title MINUTES: APRIL 13, 2011 APPROVAL OF THE MINUTES OF THE TOWN COUNCIL MEETING Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the April 13, 2011 Regular Town Council Meeting 36 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY, APRIL 13, 2011 I. CALL TO ORDER AND ROLL CALL 1 2 The Regular Town Council meeting was called to order on Wednesday, April 13, 2011, at 9:30 3 a.m., in the Town Council Chambers. On roll call, all of the elected officials were found to be 4 present. 5 11. INVOCATION AND PLEDGE OF ALLEGIANCE 6 7 Town Clerk Owens gave the invocation. Council President Rosow led the Pledge of Allegiance. 8 III. COMMENTS OF MAYOR GAIL L. CONIGLIO 9 10 There were none. 11 IV. COMMENTS OF TOWN COUNCIL MEMBERS AND TOWN MANAGER 12 13 Council President Pro Tem Wildrick expressed concerns regarding the following: Palm Beach 14 County's involvement in the situation in Ibis Isle, dumping bridge parts off Everglades Island, 15 the dredged materials being dumped near the Royal Palm Bridge, a proposed restaurant on 16 Peanut Island, and the federal government's project of widening the inlet. He stated that he felt 17 strongly that any projects affecting the Town should be presented to the Town Council for 18 concurrence. 19 20 Council President Rosow suggested that Council President Pro Tem Wildrick and Town 21 Manager Elwell provide a report at the next Town Council meeting. 22 V. COMMUNICATIONS FROM CITIZENS - 3 MINUTE LIMIT PLEASE 23 24 There were none. 25 VI. APPROVAL OF AGENDA 26 27 Motion made by Council Member Diamond, seconded by Council Member Kleid, to 28 approve the Agenda. On roll call, the motion carried unanimously. 37 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,APRIL 13,2011 VII. PUBLIC HEARING 1 2 Town Clerk Owens administered the oath to all those who would be providing testimony. 3 A. RESOLUTION NO. 42-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Ratifying and Confirming the Determination of the Landmarks Preservation Commission that the Property Known as 300 Barton Avenue Meets the Criteria Set Forth in Ordinance No. 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town of Palm Beach; and Desi n¢ atin¢ Said Property Town of Palm Beach Landmark Pursuant to Ordinance 2-84, Also Known as Chapter 54, Article IV of the Code of Ordinances of the Town of Palm Beach. [John Page, Director of Planninz, Zoninz, and BuildinO 4 5 Historical Consultant Jane Day provided an overview of the Designation Report of the property 6 known as 300 Barton Avenue. 7 8 Motion made by Council Member Kleid, seconded by Council Member Diamond, to accept 9 the Designation Report of 300 Barton Avenue as a landmarked property. On roll call, the 10 motion carried unanimously. 11 12 Town Attorney Randolph read Resolution No. 42-11 by title, as printed above. 13 14 Motion made by Council Member Diamond to approve Resolution No. 42-11 designating 15 the property at 300 Barton Avenue, as a landmark of the Town of Palm Beach on the basis 16 that it meets criteria identified in the Designation Report of 54-161 of the Town of Palm 17 Beach Code and the Landmarks Preservation Ordinance 2-84. Council Member Kleid 18 seconded the motion. On roll call, the motion carried unanimously. 19 VIII. ORDINANCES 20 A. Second Reading 21 None 22 B. First Reading 23 1. ORDINANCE NO. 1-11 An Ordinance Of The Town Council Of the Town Of Palm Beach Palm Beach County, Florida, Amending The Text Of The Future Land Use Element Of The Town Of Palm Beach Comprehensive Plan As Last Amended On August 11, 2010,With The Adoption Of Ordinance No. 3-10, By Amending The Data & Analysis In The Future Land Use Element And Amending Policy 2.3.1 As It Addresses Square Footage Thresholds For Town-Serving Businesses; Providing For Severabilit ; Revealing All Ordinances Or Part Of Ordinances In Conflict Hereof; Providing For Codification; And Providing an Effective Date. John Page, Director of Planning, Zoning, and Building] 04-13-11 TC Mtg./Page 2 of 9 38 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,APRIL 13,2011 1 Town Attorney Randolph read Ordinance No. 1-11 by title, as printed above. 2 3 Motion made by Council Member Diamond, seconded by Council Member HIeid, to 4 approve on first reading Ordinance No. 1-11. On roll call, the motion carried unanimously. 5 2. ORDINANCE NO. 2-11 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County Florida, Amending Chapter 134, Zoning, At Section 134-2 By Amending The Definition Of Town-Serving By Increasing The Square Foot Threshold In Certain Commercial Zoning Districts; Section 134-229 By Exem tl� Hotel, Motel and Timeshare Uses And The C-OPI Zoning District From The Town-Serving Requirements; Sections 134-1107, 134-1109, 134-1157, 134-1259, 134-1302 And 134-1304 By Increasing The Town-Serving Square Foot Threshold And Chan2in2 The Term Occupational License To Business Tax Receipt In T A And C-B Zoning Districts; Section 134-1259 By Chan2m2 The Term Occupational License To Business Tax Receipt In The C-PC Zoning District; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing For An Effective Date. [John Pages Director of Planning, Zoning, and Building 6 7 Zoning Administrator Paul Castro indicated that modifications were needed in the language of 8 two words in several sections of the code that relate to business tax receipts; he said that the 9 antiquated language says "occupational license", and that staff would like to strike that and put in 10 the words "business tax receipt" to be consistent with current statutes. 11 12 Town Attorney Randolph read Ordinance No. 2-11 by title, as printed above. 13 14 Motion made by Council Member Diamond, seconded by Council Member HIeid to 15 approve on first reading Ordinance No. 2-11, including the amended language set forth by 16 staff. On roll call, the motion carried unanimously. 17 3. ORDINANCE NO. 3-11 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Text Of The Future Land Use Element Of The Town Of Palm Beach Comprehensive Plan As Last Amended On August 11, 2010 With The Adoption Of Ordinance No. 3-10, By Amending The Data & Analysis In The Future Land Use Element And Amending Policy 7.3 As It Addresses Rebuilding Structures Located Seaward Of The Coastal Construction Control Line (CCCL), And Permitting Nonconforming Building And Structures To Be Rebuilt Provided Certain Conditions Are Met; Providing For Severability; Repealing All Ordinances Or Parts Of Ordinances In Conflict Hereof; Providing For Codification; And Providing For An Effective Date. John Vie, Director of Planning, Zoning, and Buildingl 18 19 Town Attorney Randolph read Ordinance No. 3-11 by title, as printed above. 20 21 Motion made by Council Member Diamond, seconded by Council Member HIeid, to 22 approve on first reading Ordinance No. 3-11. On roll call, the motion carried unanimously. 23 24 04-13-11 TC Mtg./Page 3 of 9 39 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,APRIL 13,2011 4. ORDINANCE NO. 4-11 An Ordinance of the Town Council of the Town of Palm Beach Palm Beach County, Florida, Amendin- Chapter 134, Zoning, At Sections 134-419 and 134-420 By Amending the Provisions To Clarify the Regulations for Raisin Nonconforming Building To Meet the Minimum Flood Elevation Requirements and Allow A Nonconforming Building or Structure To Be Rebuilt Within A Defined Time Limit If Unintentionally Dammed Or Destroyed By Act of Terrorism Or War, Or By Fire Or Act Of God Or Nature; Providing For Severability; Providing For Reveal Of Ordinances In Conflict; Providing For Codification; Providing For An Effective Date. [John Page Director of Planning, Zoning, and Building 1 2 Town Attorney Randolph read Ordinance No. 4-11 by title, as printed above. 3 4 Director of Planning, Zoning and Building (PZB) John Page pointed out that today's first 5 readings will not come back to the Town Council at the next meeting in May as the documents 6 have to be transmitted to the Florida Department of Community Affairs (DCA) for approval. 7 Once approved by DCA, they will then be brought back to the Town Council for second reading. 8 9 Motion made by Council Member Diamond, seconded by Council Member Kleid, to 10 approve on first reading Ordinance No. 4-11. On roll call, the motion carried unanimously. 11 12 Alan Goldboro, chairman of the Planning and Zoning Commission (PZC), 2500 S. Ocean 13 Boulevard, thanked the Town Council on behalf of many homeowners who did not realize that 14 their buildings were built under variance codes rather than a Planned Unit Development(PUD). 15 16 Mr. Goldboro announced that the new state representatives had been invited to the June 21, 2011 17 PZC meeting to report on what went on in Tallahassee this session. He also encouraged the 18 public to attend the April 19, 2011 PZC meeting so that residents can see what the Town does on 19 their behalf. 20 IX. DEVELOPMENT REVIEWS 21 A. Appeals 22 B. Time Extensions & Waivers 23 1. Request for Waiver of Section 42-199, Hours of Construction Work, at 120 Sunset Avenue (Leverett House) (Per Letter Dated March 24, 2011 from Jay Denger) 24 25 Motion made by Council Member Diamond to approve the Request for Waiver of Section 26 42-122, Hours of Construction Work, at 120 Sunset Avenue (Leverett House). 27 28 PZB Director Page requested that approval be subject to the conditions in the staff report. 29 30 Amended motion made by Council Member Diamond to approve the Request for Waiver 31 of Section 42-122, Hours of Construction Work, at 120 Sunset Avenue (Leverett House), 04-13-11 TC Mtg./Page 4 of 9 40 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,APRIL 13,2011 1 subject to the conditions within the staff report. Council Member Kleid seconded the 2 motion. On roll call, the motion carried unanimously. 3 C. Variances, Special Exceptions, and Site Plan Reviews 4 1. Old Business 5 None 6 2. New Business 7 a. SPECIAL, EXCEPTION #9-2011 The application of Raphael Yakoby; relative to -property commonly known as 137 Woodbridge Road; described as lengthy legal description on file; located in the R-A Zoning District. The applicant is requesting a Special Exception to allow a set of driveway gates on Woodbridge Road (which is a dead end street) with a 7.92 foot setback from the street pavement in lieu of the 18 foot minimum required. [Attorney Maura A. Ziskal 8 9 Ex-pane communication was declared by: Council Member Kleid, Council President Rosow, 10 and Council Member Diamond, who had conversations with Attorney Maura Ziska, where she 11 advocated the position of her client. 12 13 Attorney Ziska, on behalf of Mr. and Mrs. Yakoby, provided an overview of her client's request. 14 15 Zoning Administrator Castro provided staff's comments. He noted that staff concurred with the 16 applicant's attorney and requested that the Council approve subject to the condition of a knox 17 box for emergency access, as well as a keypad for entry into the property, if possible. 18 19 Motion made by Council Member Diamond that Special Exception #9-2011 shall be 20 granted based upon the finding that such grant will not adversely affect the public interest 21 and that the applicable criteria set forth in Section 134-229 of the Town Code had been 22 met, subject to the installation of a knox box and keypad. Council Member Kleid seconded 23 the motion. On roll call, the motion carried unanimously. 24 b. SPECIAL, EXCEPTION #10-2011 The application of Wells Fargo Bank, NA and Wells Fargo Advisors, L,L,C; relative to property commonly known as 239, 251 & 255 South County Road; described as len2thy legal description on file; located in the C-TS/C-B Zoning Districts. The applicant is requesting Modifications to Special Exception #21-2010 to include the entire bank space of 26,881 square feet for Wells Fargo Bank, NA and 2,564 square feet for Wells Faro Advisors, L LC and to eliminate the condition of approval that the applicant meet all conditions related to si2nne placed on the 255 South County Road property when the Drumm was designated as a landmark. [Attorney: Harvey E. Over I111 25 04-13-11 TC Mtg./Page 5 of 9 41 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,APRIL 13,2011 1 Ex-parte communication was declared by: Council Member Kleid, Mayor Coniglio, Council 2 President Rosow, and Council Member Diamond, who met with Attorney Harvey Oyer III and 3 Architect Mark Marsh, where they advocated the position of their client. Council President Pro 4 Tem Wildrick had a meeting with Attorney Oyer, who advocated the position of his client. 5 6 Attorney Oyer, on behalf of Wells Fargo Bank, with Architect Mark Marsh provided an 7 overview of the request. 8 9 Responding to Mayor Coniglio, Zoning Administrator Castro indicated that the Town had 10 received a letter from a neighbor at 140 Seaview Avenue expressing concern over commercial 11 signage on Seaview Avenue. 12 13 Zoning Administrator Castro provided staff's comments. 14 15 Discussion occurred relative to signage on Seaview Avenue. Although the Town Code allows 16 for signage to be placed along Seaview Avenue, it was not included in this request as it did not 17 require Council approval. The applicant agreed to not place any signage along Seaview Avenue 18 as a condition of approval. 19 20 Motion made by Council Member Diamond that Special Exception #10-2011, as amended 21 to prohibit signage along the Seaview Avenue side of the building, shall be granted based 22 upon the finding that such grant will not adversely affect the public interest and that the 23 applicable criteria set forth in Section 134-229 of the Town Code had been met. Council 24 Member Kleid seconded the motion. On roll call, the motion carried unanimously. 25 C. SITE PLAN REVIEW #6-2011 WITH SPECIAL, EXCEPTION AND VARIANCES The application of Little Broad Beach Partners, relative to -roomy commonly known as 95 North County Road, described as lengthy legal description on file, located in the C-TS Zoning District. The applicant is requesting a modification to the Site Plan and two S el vial Exception approval requests to convert the existing post office building located at 95 North County Road into an office building which will result in a second floor interior addition and will expand the current gross square footage from 10,656 square feet (5,651 gross leasable square feet) to 14,495 gross square footage (11,255 gross leasable square feet). The Special Exception requests are to expand the second floor area and to have an office which exceeds 2,000 square feet. Since the joroposed office is in excess of 2,000 square feet, the applicant is required to obtain Town Council approval of a special exception and a finding that the proposed use is town serving. The site plan will be modified by eliminating the access driveway on the east side of the property and relocating it to the south side of the property and will also chap e the parking configuration A Variance is requested to allow an office use on the first floor in the C-TS Zoning District which does not meet all of the conditions of subsection (18). The variance is to allow a first floor office use which does not meet the requirement that more than 50% of the existing first floor tenant spaces within 300 feet in the same zoning distract are required to be office uses. Variances are also requested from the requirement to provide seventeen (17) additional off-street parking spaces above the amount calculated by the rp incipal of equivalencv zoninuirement to convert a 5,651 square foot post office to a 11,255 square foot office building in the C-TS Zoning District 04-13-11 TC Mtg./Page 6 of 9 42 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,APRIL 13,2011 and to not provide a loading berth as required in Section 134-2211 of the Zonip. Code. [Atto ey: Maura A. Ziska] 1 2 Ex-pane communication was declared by: Council Member Kleid, Council President Rosow, 3 and Council Member Diamond, who had conversations with Attorney Maura Ziska, who 4 advocated the position of her client. 5 6 Attorney Ziska, on behalf of Jeff Greene, provided an overview of the request. 7 8 Architect Mark Marsh presented the following changes that were requested by 9 the Landmarks Preservation Commission: 10 11 • Move the handicap ramp in the front, west elevation, to the rear of the 12 building. 13 • Provide additional landscaping. 14 • Create an interior elevation showing that the important landmarked 15 elements of the lobby would be maintained. 16 17 Zoning Administrator Castro provided staff's comments. 18 19 Concerns were raised regarding parking and use of the subject property. Mr. 20 Castro stated that staff would work with the applicant and bring the item back, 21 with a Declaration of Use Agreement that would address the Council's 22 concerns, to the May 11, 2011 Town Council meeting. 23 24 Motion made by Council Member Diamond to approve deferral of Site 25 Plan Review #6-2011 with Special Exception and Variances to the May 26 11, 2011, Town Council Meeting. Council President Pro Tem Wildrick 27 seconded the motion. Upon roll call, the motion carried unanimously. 28 29 President Rosow requested that the old historic street signs around Town remain until it could be 30 determined if the signs could remain permanently. 31 d. VARIANCE#7-2011 The application of Sidney Spiegel, Trustee and Sterling Group Palm Beach, LLC, relative to property commonly known as 340 Royal Poinciana Way, described as lent by legal description on file, located in the CPC Zoning District. The applicant is requesting to modify a condition of approval of Variance #12-2008 which required the Applicant remove all reserved and assigned parking spaces throughout the plaza alone with the associated signage by October 10, 2008. The request is to allow Dr. Francis P. Conroy DMD to retain 4 designated parking spaces until October 31, 2012. [Attorney: Maura A. Ziska 32 33 Ex-pane communication was declared by: Council Member Kleid, Council Member Pucillo, and 34 Council Member Diamond, who had conversations with Attorney Ziska, who advocated the 35 position of her client. 04-13-11 TC Mtg./Page 7 of 9 43 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,APRIL 13,2011 1 2 Attorney Ziska provided an overview of the request. 3 4 Zoning Administrator Castro provided staff's comments. 5 6 Motion made by Council Member Diamond that Variance #7-2011 be granted and found, 7 in support thereof, that all of the criteria applicable to this application as set forth in 8 Section 134-201(a), items 1 through 7 had been met, subject to removal of the signs at the 9 end of tenant's lease in October of 2012. Council Member Kleid seconded the motion. On 10 roll call, the motion carried 4-1, with Council President Pro Tem Wildrick dissenting. 11 e. VARIANCE#8-2011 The application of Raymond W. Royce, Attorney for Owner; relative to �roperty commonly known as 756 Slope Trail; described as Lot 120 Mark Rafalsky Tract, Plat Book 11, Pale 51, Public Records of Palm Beach County; located in the R-B Zoning; District. The applicant is requesting a variance from the provisions of Section 134- 1729 (b) 1 which do not allow the placement of a generator of over 60kw in the setback applicable to the r� incipal structure. The applicant wishes to place an 80kw generator 5.5 feet in lieu of the 12.5 foot minimum setback required. [Attorney: Raymond W. Royce] 12 13 Ex-pane communication was declared by: Council Member Kleid and Council Member 14 Diamond, who had conversations with Attorney Raymond Royce, who advocated the position of 15 his client. Mayor Coniglio received a voicemail from Attorney Royce and was unable to respond 16 back. Council President Rosow spoke to Attorney Royce and Christopher Orthwein, who 17 advocated their position. 18 19 Attorney Royce, on behalf of Christopher Orthwein, provided an overview of the request. 20 21 Zoning Administrator Castro provided staff's comments. 22 23 Motion made by Council Member Diamond the Variance #8-2011 be granted and found, in 24 support thereof, that all of the criteria applicable to this application as set forth in Section 25 134-201(a), items 1 through 7 had been met. Council President Pro Tem Wildrick seconded 26 the motion. On roll call, the motion carried unanimously. 27 D. Other 28 a. Special Exception 17-2010 Reconsideration of Conditions of Approval. John Page, Director of Planning, Zoning, and Buildin2l 29 30 Zoning Administrator Castro provided an overview of Special Exception#17-2010 and the status 31 of the conditions placed upon the subject property. He reported that the Town has received 32 complaints regarding parking and the loading area. 33 34 Discussion ensued regarding the conversion of official parking spaces after hours, and how 35 parking could be addressed if the business decided to open for lunch. 04-13-11 TC Mtg./Page 8 of 9 44 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD ON WEDNESDAY,APRIL 13,2011 1 2 Motion made by Council Member Diamond that Special Exception # 17-2010 shall be 3 granted, based upon the finding that such grant will not adversely affect the public interest 4 and that the applicable criteria set forth in Section 134-229 of the Town Code had been 5 met, subject to staff recommendations and the condition that, if the applicant decides to 6 open for lunch, the applicant must first come back before the Town Council to address 7 parking concerns. Council Member Kleid seconded the motion. On roll call, the motion 8 carried unanimously. 9 X. ANY OTHER MATTERS 10 11 Council President Pro Tern Wildrick expressed his concern about the elimination of the Police 12 Academy from the budget. He feels it is a very important element of the relationship between the 13 police and the citizens. He stated that he has spoken with Town Manager Elwell about finding 14 another way to fund the program. 15 XI. ADJOURNMENT 16 17 There being no further business, the April 13, 2011, Regular Town Council meeting was 18 adjourned at 11:30 a.m. 19 20 APPROVED: 21 22 23 24 25 David A. Rosow 26 Town Council President 27 28 29 ATTEST: 30 31 32 33 34 Susan A. Owens, MMC 35 Town Clerk 04-13-11 TC Mtg./Page 9 of 9 45 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent Agenda Agenda Title MINUTES: APRIL 19, 2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING- PLANTING OF SEA OATS AT PHIPPS OCEAN PARK Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the April 19, 2011 Special Town Council Meeting 46 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON TUESDAY, APRIL 19, 2011 I. CALL TO ORDER AND ROLL CALL 1 The Special Town Council meeting was called to order on Tuesday, April 19, 2011 at 9:00 a.m. 2 in the Town Council Chambers. On roll call, all of the elected officials were found to be present. 3 11. PLEDGE OF ALLEGIANCE 4 5 Council President Rosow led the Pledge of Allegiance. 6 IlI. APPROVAL OF AGENDA 7 8 Motion was made by Council Member Diamond and seconded by Council Member HIeid 9 to approve the Agenda as printed. On roll call, the motion carried unanimously. 10 IV. RECONSIDERATION OF THE TOWN COUNCIL'S ACTION ON APRIL 12, 2011, REGARDING THE PLANTING OF SEA OATS AT PHIPPS OCEAN PARK. [William J. Diamond, Town Council Member] 11 12 Motion was made by Council Member HIeid to adjourn the meeting until 8:30 a.m. on 13 April 28, 2011,just prior to the Shore Protection Board meeting. Motion died for lack of a 14 second. 15 16 Council Member Pucillo asked if there were any timing issues with respect to the planting. 17 Town Manager Elwell responded that there are. He stated that if we receive a permit from the 18 Department of Environmental Protection (DEP) to plant the sea oats, the planting will be 19 required to be completed by May 1, 2011. We are expediting the process as best we can to 20 obtain the necessary permits and quotes from vendors based on the Council's action last week. 21 Mayor Coniglio asked if we could get an extension. Director of Public Works, Paul Brazil, 22 replied that DEP is unlikely to grant an extension. Town Manager Elwell added that, as a 23 practical matter, this issue will likely be mute by April 28, 2011. 24 25 Motion was made by Council Member Diamond and seconded by Council President Pro 26 Tem Wildrick to rescind the Town Council's action on April 12, 2011, regarding the 47 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON TUESDAY,APRIL 19,2011 1 planting of sea oats at Phipps Ocean Park. On roll call, the motion carried 3-2, with 2 Council Members Kleid and Pucillo dissenting. 3 V. ANY OTHER MATTERS 4 5 There were none. 6 XIV. ADJOURNMENT 7 8 There being no further business, the Special Town Council Meeting of Tuesday, April 19, 2011 9 was adjourned at 9:12 a.m. 10 11 APPROVED: 12 13 14 15 16 David A. Rosow 17 Town Council President 18 19 ATTEST: 20 21 22 23 24 Susan A. Owens, MMC 25 Town Clerk 04-19-11 STC Mtg./Page 2 of 2 48 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent Agenda Agenda Title MINUTES: APRIL 21, 2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING-IAFF IMPASSE HEARING Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the April 21, 2011 Special Town Council Meeting Impasse Hearing 49 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON THURSDAY, APRIL 21, 2011 I. CALL TO ORDER AND ROLL CALL 1 The Special Town Council meeting was called to order on Thursday, April 21, 2011 at 9:00 a.m. 2 in the Society of the Four Arts Auditorium, 2 Four Arts Plaza, Palm Beach, FL 33480. 3 4 On roll call, all of the elected officials were found to be present. Also present were Town 5 Manager Peter B. Elwell, Town Attorney Jeff Mandel, Director of Human Resources Danielle 6 Olson, Town Clerk Susan A. Owens, International Association of Firefighters (IAFF) Attorney 7 Mark Floyd, IAFF representatives Joel Brier, Ricky Grau, and Joseph Sekula, and Special 8 Counsel Christine Handley. 9 11. PLEDGE OF ALLEGIANCE 10 11 Council President Rosow led the Pledge of Allegiance. 12 IlI. INTRODUCTIONS AND OPENING COMMENT BY CHAIR 13 14 Council President Rosow announced that today the Town Council sits as a quasi-judicial body. 15 This means that they are charged with looking at the record materials, listening closely to the 16 presentations of the parties, and ultimately making a determination on how the imposed articles 17 of the collective bargaining agreements for the Town firefighters, both the supervisory and non- 18 supervisory units, shall be resolved. 19 20 Council President Rosow explained the process for these proceedings. We will hear 21 presentations from the IAFF and Town Management, we will receive public comment, and then 22 the Council will vote. Council President Rosow announced that the Council's decisions today 23 will be based on the presentations heard, and the materials submitted to the Council by both 24 sides. 25 26 He announced that both parties have agreed that the Town will present its case first. Each side 27 will have one hour to make their presentations. Council President Rosow asked IAFF Attorney 28 Floyd if Local 2928 wished to reserve any of their time for rebuttal. Mr. Floyd answered that 29 they did not. Council President Rosow asked Town Attorney Mandel if the Town wished to 30 reserve any of its time for rebuttal. Mr. Mandel stated that the Town wished to reserve any time 31 leftover from their presentation for rebuttal. [1:00-12:40] 50 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING(IAFF IMPASSE HEARING) HELD ON THURSDAY,APRIL 21,2011 IV. PRESENTATIONS EV LABOR AND MANAGEMENT 1 2 Town Manager Elwell and Town Attorney Mandel presented Management's case. During their 3 presentation they stated that, while Management recommends that the Town Council adopt their 4 proposed language for Article 14 (Drug and Alcohol Testing) and Article 38 (Sick Leave and 5 Injury Time), Management would have no objection to the Town Council adopting the Union's 6 proposed language for those two Articles. The Union's proposed language on these two Articles 7 is an incorporation of the Special Magistrate's recommendations. Town Manager Elwell 8 emphasized that, while Management believes their language is preferable, they do not feel as 9 strongly about these two issues, and that they can live with the Union's proposed language. 10 [12:50-40:35] 11 12 Council Member Diamond asked Town Manager Elwell if there was anything in Management's 13 proposal that would result in a reduction of force. Town Manager Elwell replied that there was 14 not. Council President Pro Tern Wildrick asked that, if Management is willing to accept the 15 Union's language on Articles 14 and 38, is the Town changing its proposal at this time? Town 16 Attorney Mandel stated that Management is not changing its proposal, what we are saying is, in 17 the spirit of cooperation, we can live with those terms. It accomplishes most of what we want. 18 Town Manager Elwell elaborated that Management is differentiating those two items from the 19 rest because we do not feel as strongly about the Town's position on those as we do about the 20 other five. [40:35-42:30] 21 22 IAFF Attorney Floyd presented the Union's case. At the conclusion of his presentation, Mr. 23 Floyd requested that the Council adopt the recommendations of the Special Magistrate on every 24 issue, except the pension, in which case he hopes that the Council will adopt the 25 recommendations of the Union. [43:30-1:43:45] 26 27 Town Manager Elwell and Town Attorney Mandel took their remaining time for rebuttal. 28 [1:44:00-2:15:40] 29 V. (QUESTIONS BY TOWN COUNCIL 30 31 Council Member Kleid asked Town Manager Elwell to respond to Mr. Floyd's comment 32 regarding potential prejudice by supervisors in determining longevity pay. Town Manager 33 Elwell replied that performance evaluation is essential, but recognized that there is some element 34 of subjectivity. Management has the responsibility to ensure that we have a fair system that is 35 properly administered with maximum objectivity and consistency. We did propose how this 36 might be implemented in a way that would create some distinction between the pools available; 37 however, we did not receive a counterproposal from the Union. 38 39 Council Member Kleid asked Mr. Floyd if he knew what percentage of firefighters who retire 40 earlier than age 65 seek other employment during this period of time. Mr. Floyd stated that he 41 did not; most likely no one has these statistics. 42 43 Council Member Pucillo asked Mr. Floyd for clarification regarding Kelly Days. It appears that 44 both the Management and Union proposals would result in some level of unpaid hours. Mr. 04-21-11 STC Mtg.(IAFF IMPASSE HEARING)/Page 2 of 6 51 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING(IAFF IMPASSE HEARING) HELD ON THURSDAY,APRIL 21,2011 1 Floyd stated that was not correct. The Union's proposal only extends the threshold required to 2 earn overtime. The firefighters would be paid the straight time rate from the old threshold of 144 3 hours to the proposed new threshold of 159 hours, thereby reducing the amount of overtime by 4 fifteen hours. Firefighters currently work 2,496 hours per year, this would still be true under the 5 Union's proposal. Under the Town's proposal, firefighters will now work 2,912 hours per year, 6 416 hours more. He stated that these will not be unpaid hours; they will just be working these 7 additional hours for no additional pay. 8 9 Council Member Pucillo stated to Mr. Floyd that under the Town's proposal, it seems that 10 individual firefighters could receive an average of 156 hours of overtime, paid at time and a half. 11 He inquired if this would mean that individual firefighters may actually do better. Mr. Floyd 12 said that they would not; they would be receiving 76 hours of additional pay to work 416 13 additional hours. 14 15 Council Member Diamond asked Town Manager Elwell again if there were any reductions in 16 force proposed in Management's proposal. Town Manager Elwell replied that, if the Council 17 approves what we are recommending today, there would be no layoffs of firefighters. 18 19 Council President Pro Tern Wildrick asked Town Manager Elwell to clarify Management's 20 pension proposal. If a firefighter retires before he is 65 years old, will he have to wait until he is 21 65 to get his pension under the current system? What happens to what our current employees 22 have already accrued? Town Manager Elwell responded that that which has been earned will be 23 kept and can be collected in accordance with the existing rules today. What we are proposing are 24 changes in the programs going forward. The portion of the pension paid out for the existing 25 years of service will be paid out under the existing rules. Any years of service performed after 26 the changes go into effect will be paid out under the proposed new rules. 27 28 Council President Pro Tern Wildrick asked Town Manager Elwell how an individual could 29 collect more in pension than his final base salary. Town Manager Elwell responded that this 30 occurs when an individual works a substantial amount of overtime in their final years with the 31 Town. When they retire, their average final compensation calculation includes not only the base 32 pay,but also the overtime, longevity, and other factors. 33 34 Council Member Kleid asked Town Manager Elwell about Mr. Floyd's comments regarding F.S. 35 175. If there is a change in Tallahassee that doesn't match with our program, would we no 36 longer be free to use F.S. 175? Town Manager Elwell replied that the wording we have 37 proposed does suggest that the trigger for the Town to unilaterally stay in F.S. 175 would be, 38 being able to continue to receive those funds and implement all of the changes recommended. 39 [2:15:45-2:34:45] 40 VI. PUBLIC COMMENTS 41 42 Carol Simmons, 201 Banyan Road, spoke regarding the status of the Firefighters' Pension Fund. 43 [2:37:00] 44 45 Joel Brier, address exempt per F.S., spoke in support of the Union's proposal. [2:38:30] 04-21-11 STC Mtg.(IAFF IMPASSE HEARING)/Page 3 of 6 52 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING(IAFF IMPASSE HEARING) HELD ON THURSDAY,APRIL 21,2011 1 Danny Dunnam, address exempt per F.S., spoke in support of the Union's proposal. [2:41:30] 2 3 Pat Cooper, 261 Sanford Avenue, spoke in support of Management's proposal. [2:44:30] 4 5 Ed Robinson, 217 Clarke Avenue, spoke in support of Management's proposal. [2:47:45] 6 7 John Pohanka, 369 S. Lake Drive, spoke in support of Management's proposal. [2:49:45] 8 9 Deborah Robinson, 217 Clarke Avenue, spoke in support of the Union's proposal. [2:50:55] 10 11 Jayson French, address exempt per F.S., spoke in support of the Union's proposal. [2:53:55] 12 13 Peter McGrane, address exempt per F.S., spoke in support of the Union's proposal. [2:54:40] 14 15 Scot McCluskey, address exempt per F.S., spoke in support of the Union's proposal. [2:55:45] 16 17 Anne Pepper, 333 Seaspray Avenue, spoke in support of Management's proposal. [2:58:40] 18 19 Susan Markin, 1450 N. Lake Way, spoke in support of Management's proposal. [2:59:55] 20 21 Fred Angelo, address exempt per F.S., spoke in support of the Union's proposal. [3:02:10] 22 23 Doug Watler, address exempt per F.S., spoke in support of the Union's proposal. [3:05:20] 24 25 Owen Larkin, 315 S. Lake Drive, spoke in support of Management's proposal. [3:07:25] 26 27 Quincy Schider-Heisel, address exempt per F.S., spoke in support of the Union's proposal. 28 [3:08:40] 29 30 David Burke, address exempt per F.S., spoke in support of the Union's proposal. [3:10:55] 31 32 Keith Golden, address exempt per F.S., spoke in support of the Union's proposal. [3:11:55] 33 34 Mark Bradshaw, address exempt per F.S., spoke in support of the Union's proposal. [3:12:40] 35 36 Mary Weiss, 529 S. Flagler Drive, had her comments supporting the Union's proposal read into 37 the record. [3:14:15] 38 39 Susan Watts, 455 Worth Avenue, had her comment that she makes $44,269.92 a year in 40 retirement pay read into the record. [3:15:15] 41 42 Mr. & Mrs. R. Foster, 64 Via Mizner, had their comments supporting Management's proposal 43 read into the record. [3:15:30] 44 45 Mary & Gordon Reed, 231 Chilean Avenue, had their comments supporting Management's 46 proposal read into the record. [3:15:40] 04-21-11 STC Mtg.(IAFF IMPASSE HEARING)/Page 4 of 6 53 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING(IAFF IMPASSE HEARING) HELD ON THURSDAY,APRIL 21,2011 1 Frederick McCarthy, 1519 N. Ocean Way, Palm Beach, had his comments supporting 2 Management's proposal read into the record. [3:16:05] 3 4 John Cunningham, 353 El Brillo Way, Palm Beach, had his comments supporting Management's 5 proposal read into the record. [3:16:25] 6 7 Bob Guthrie, 320 Island Drive, Palm Beach, had his comments supporting Management's 8 proposal read into the record. [3:19:30] 9 10 Emmy Wildrick, Plantation Road, Palm Beach, had her comments supporting Management's 11 proposal read into the record. [3:19:50] 12 VII. MOTIONS 13 14 Motion was made by Council Member Diamond and seconded by Council President Pro 15 Tem Wildrick to adopt the recommendations of the Town in their entirety, with respect to 16 Articles 14 (Drug and Alcohol Testing), 16 (Promotions), 17 (Wages), 18 (Work Week), 19 17 (Overtime), 38 (Sick Leave and Injury Time), and 41/30 (Retirement Benefits)-included in 18 the Union materials as Article 30 (Insurance and Miscellaneous Benefits) and included in 19 the Town materials as Article 41-in the Non-Supervisory Collective Bargaining Agreement 20 and their companion Articles in the Supervisory Collective Bargaining Agreement. 21 22 Council Member Kleid stated that he thought the Council should vote on each individual Article 23 as the Town has stated that they are open to a compromise on Articles 14 and 38. Council 24 Member Pucillo echoed Council Member Kleid's comments. 25 26 Council President Rosow stated that it was his understanding that Management and the Union 27 have agreed to the Union's position on Articles 14 and 38. Attorney Floyd responded that they 28 have not. Town Manager Elwell reiterated that the Town still believes that Management's 29 proposals on those two Articles are better; but, the Town's opinion of those is that they are not 30 nearly as significant as the other issues, and that the Town could live with the Union's position 31 adopting the Special Magistrate's recommendations on those two Articles. 32 33 On roll call, the motion carried 3-2, with Council Members Kleid and Pucillo dissenting. 34 35 Council President Rosow announced that the seven conditions as outlined by the Town's 36 proposal have been adopted by the Town Council. [3:21:00:-3:28:00] 37 38 39 40 41 42 43 44 45 04-21-11 STC Mtg.(IAFF IMPASSE HEARING)/Page 5 of 6 54 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING(IAFF IMPASSE HEARING) HELD ON THURSDAY,APRIL 21,2011 1 VIII. ADJOURNMENT 2 3 There being no further business, the Special Town Council Meeting of Thursday, April 21, 2011 4 was adjourned at 1:23 p.m. 5 6 APPROVED: 7 8 9 10 11 David A. Rosow 12 Town Council President 13 14 ATTEST: 15 16 17 18 19 Susan A. Owens, MMC 20 Town Clerk 04-21-11 STC Mtg.(IAFF IMPASSE HEARING)/Page 6 of 6 55 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent Agenda Agenda Title MINUTES: MAY 2, 2011 APPROVAL OF THE MINUTES OF THE SPECIAL TOWN COUNCIL MEETING CLOSED-DOOR SESSION-TOWN OF PALM BEACH VS USA Presenter Susan A. Owens, Town Clerk Supporting Documents Minutes of the May 2, 2011 Special Town Council Meeting Closed-Door Session 56 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING HELD ON MONDAY, MAY 2, 2011 I. CALL TO ORDER AND ROLL CALL 1 The Special Town Council meeting was called to order at 9:30 a.m. on Monday, May 2, 2011, in 2 the Town Council Chambers. On roll call, all of the elected officials were found to be present. 3 II. APPROVAL OF AGENDA 4 5 Motion was made by Council Member Kleid and seconded by Council Member Pucillo to 6 approve the Agenda as printed. On roll call, the motion carried unanimously. 7 III. TOWN OF PALM BEACH VS THE UNITED STATES OF AMERICA, CIVIL ACTION NO. 09-64 L, IN THE UNITED STATES COURT OF FEDERAL CLAIMS. 8 9 F.S. 286.011(8) allows the Mayor, Town Council, and the Town Manager to meet in a Closed- 10 Door Attorney/Client Session for the purpose of discussing strategy related to litigation. 11 12 Council President Rosow announced the following: 13 14 a.) The Attorney/Client Closed-Door Session 15 b.) The estimated time is thirty minutes 16 c.) The names of the persons attending: 17 Gail L. Coniglio, Mayor 18 David A. Rosow, Town Council President 19 Robert N. Wildrick, Town Council President Pro Tern 20 William J. Diamond, Town Council Member 21 Richard M. Kleid, Town Council Member 22 Michael J. Pucillo, Town Council Member 23 Jerry Stouck, Town Attorney 24 Peter B. Elwell, Town Manager 25 Ley and Marsaa, Court Reporters 26 27 At 9:30 a.m., the persons attending the meeting (listed above)relocated from the Town Hall 28 Council Chambers to the immediately adjacent conference room. 29 57 MINUTES OF THE SPECIAL TOWN COUNCIL MEETING(TPB v. USA) HELD ON MONDAY, MAY 2,2011 IV. RECONVENE SPECIAL TOWN COUNCIL MEETING IN THE TOWN HALL COUNCIL CHAMBERS 1 2 A.) Call to Order 3 4 The Special Town Council meeting was reconvened at 10:57 a.m., in the Town Council 5 Chambers. 6 7 B.) Town Council President to Announce the Termination of the Attorney/Client 8 Session. 9 10 Council President Rosow announced the termination of the Attorney/Client Session. He stated 11 that the Town Council listened to a report from its Attorney, regarding its litigation against the 12 United States of America, and provided him with instructions as to how to proceed in the next 13 several weeks as to this litigation. 14 V. ANY OTHER MATTERS 15 16 There were none. 17 VI. ADJOURNMENT 18 19 There being no further business, the Special Town Council Meeting of Monday, May 2, 2011 20 was adjourned at 10:58 a.m. 21 22 APPROVED: 23 24 25 26 27 David A. Rosow 28 Town Council President 29 30 ATTEST: 31 32 33 34 35 Susan A. Owens, MMC 36 Town Clerk 05-02-11 STC Mtg.(TPB v. USA)/Page 2 of 2 58 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent Agenda Agenda Title Approval of Major Matters Considered by the Architectural Commission at its Meeting of April 27, 2011. Presenter John Page, Director of Planning, Zoning, and Building Supporting Documents Memorandum dated May 3, 2011, from John S. Page, Director of Planning, Zoning and Building Minutes of the Architectural Commission meeting of April 27, 2011 59 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: John S. Page, Director of Planning, Zoning & Building Re: Approval of the Architectural Commission Meeting Minutes of April 27, 2011 Date: May 3, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council approve the major items that were approved by ARCOM at the regularly scheduled meeting of April 27, 2011. BOARD OR COMMISSION RECOMMENDATION The Architectural Commission recommends that the Town Council approve the major items which were considered at the regularly scheduled meeting of April 27, 2011. GENERAL INFORMATION These minutes are submitted to the Town Council for approval pursuant to Chapter 18-177 of the Town of Palm Beach Code of Ordinances. Attachment JSP:cmd 60 �,iyN aF_ps4y of 1 MINUTES ARCHITECTURAL COMMISSION IN THE TOWN COUNCIL CHAMBERS 2ND FLOOR, 360 SOUTH COUNTY ROAD PALM BEACH, FL WEDNESDAY,APRIL 27, 2011, 9:00 a.m. Please be advised that in keeping with a recent directive from the Town Council, the minutes of all Town Boards and Commissions will be "abbreviated" in style. Persons interested in listening to the meeting, after the fact, may access the audio of that item via the Town's website at www.townofpalmbeach.com or may obtain an audio recording of the meeting by contacting Cindy Delp, Secretary to the Architectural Commission at(561) 227-6408. As a point of reference,you will find the recording times listed on these minutes at the beginning of each item. 1. CALL TO ORDER(8:59:17 a.m.) Chairman Smith called the meeting to order at 9:00 a.m. 11. ROLL CALL (8:59:21 a.m.) Jeffery W. Smith, Chairman PRESENT Robert J. Vila, Vice Chairman PRESENT Kenn Karakul, Member PRESENT Nikita Zukov, Member PRESENT Ann L. Vanneck, Member PRESENT Henry Homes III, Member PRESENT Alex Hufty Griswold, Member PRESENT Martin D. Gruss, Alternate Member PRESENT Peter L C. Knowles 11, Alternate Member PRESENT Alexander C. Ives, Alternate Member PRESENT Staff members present were John C. Randolph, Town Attorney, John Page, Director of Planning, Zoning & Building, John Lindgren, Planning Administrator, and Cynthia Delp, Secretary to the Architectural Commission. 111. PLEDGE OF ALLEGIANCE (8:59:41 a.m.) IV. APPROVAL OF THE MINUTES FROM THE MARCH 23 2011 MEETING (8:59:59 a.m.) MOTION BY MR. KARAKUL FOR APPROVAL OF THE MINUTES. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. 1 61 V. APPROVAL OF THE AGENDA : (9:00:17 a.m.) MOTION BY MR. KARAKUL FOR APPROVAL OF THE AGENDA. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. VI. ADMINISTRATION OF THE OATH TO PERSONS WHO WISH TO TESTIFY(9:00:28 a.m.) Mrs. Delp administered the oath at this time and as necessary throughout the meeting. VII. OTHER BUSINESS: (9:00:48 a.m.) None VIII. PROJECT REVIEW(9:00:55 a.m.) A. MAJOR PROJECTS - OLD BUSINESS: None B. MAJOR PROJECTS -NEW BUSINESS: (9:00:59 a.m.) B - 013 - 2011 New Residence Address: 221 Jamaica Lane Applicant: Licinio Cruz Architect: Roger Janssen of Daily Janssen Architects Project Description: Proposed new two-story residence with 4,051 air conditioned square feet with entry gate, pool, hardscape and landscape on vacant lot at 221 Jamaica Lane; Roof. white flat cement tile; Building Color: Off-white; Trim Color: White; Shutter Color: Black-Green Call for disclosure of ex parte communication: Several members made ex parte declarations Architect Roger Janssen presented this request for a new residence on a vacant lot, as described above. Additional elements of project: Motor court with entry gates; side loaded two-car garage; pool in northwest comer; double hung windows; mahogany entry door; white stucco walls on first floor level; lap siding (stucco to look like wood) on second floor level; series of covered loggias, pergolas and balconies in rear overlooking pool courtyard; and, one story family wing on east side. Landscape architect Chuck Yanette of Parker Yanette Design Group presented the landscape and hardscape. Some elements of landscape/hardscape include, but are not limited to: brick driveway; gate columns with sliding entry gate; main entrance flanked by two Canary Island Date Palms; light colored tumbled marble rear patio; patio under pergola in rear; 26'x14' pool with raised spa in corner and small patio to the side; use of Ficus hedge, Gumbo Limbo, Foxtail Palms, Coconut Palms, Sabal Palms, Bougainvillea, and Adonidia Palms to name a few; rear buffer of Foxtails and Fishtails; and, uplighting on several trees. Commission comments: Concern regarding seeds from Fishtail Palms dropping onto neighbor's property; puzzled by stair-well windows; front dormer overly large; design is unpleasingly asymmetrical; rear elevation-too much going on; two different types of French door systems; problem with only intermittent use of shutters; and, expressed concern from neighbors relative to flooding in the area. At this point, there was a discussion relative to drainage issues and flooding in this location. Mr. Lindgren testified that the Town Engineer had signed off on the drainage for the property. Mr. 2 62 Lindgren maintained that this site, when constructed, will not negatively impact the drainage on the street. Commission comments continued: Siding at second floor level questionable; too many chimneys; perhaps remove the purely decorative chimneys; second story sconces too bright and may bother the neighbors; if the street drainage cannot handle any additional water, the problem will be compounded; refreshing variation, but needs to be simplified; garage dormer stands out too much; reconsider rear fenestration for less glass; style questionable; design is maxed out;problem with copper chimney treatments; biggest issue is with the dormers which are out of scale;problems with doors and windows; mahogany door jumps out at you; removing the dormers and the chimneys will reduce the mass; shutter issues; and, no gutter system(mentioned later). MOTION BY MR. KARAKUL TO DEFER TO THE MAY MEETING FOR RE-STUDY. MOTION SECONDED BY MR. VILA. Let the record show that Mr. Lindgren read an e-mail from Thomas Parker, 215 Jamaica Lane, into the record, after which Mr. Parker addressed the commission. His primary concerns with the project relate to flooding issues and noise issues due to generator placement. Robin and Bill Weeks, 210 Jamaica Lane, addressed the commission regarding concerns with flooding and with the proposed entry gates. Due to the expressed concerns relative to drainage and flooding, Mr. Page contacted Paul Brazil, Director of Public Works. He reported that if this project is deferred, a Town Engineer will participate in the next meeting relative to this property. Also Mr. Brazil indicated that no recent Town improvements have been made to the drainage in the area, but no complaints have been received from neighbors either. Mr. Smith recommended that the architect contact Public Works relative to the drainage issues. Mr. Gruss remarked that the drainage problems in the street should not be attributed to this applicant. MOTION CARRIED UNANIMOUSLY. B - 014 -2011 Demolition of Guest House, Gates and Piers Address: 854 S. County Road Applicant: Joel Kassewitz Architect: Roger Janssen of Dailey Janssen Architects Project Description: Demolition of existing two-story guest house (3,384 total square feet, with 2,178 air conditioned square feet);New piers and entry gates for existing residence - entry piers to be stucco over CMU and the entry gates will be iron wrapped in cedar with iron details Call for disclosure of ex parte communication: Several members made ex parte declarations Prior to discussion of this project, Mrs. Vanneck requested that future mini-sets include the demolition report and associated photos. Mr. Lindgren responded that the ARCOM application can be modified to include the request for this information. He added that at last week's LPC meeting, the LPC stressed the importance of photo documentation with regard to demolition projects, and asked that ARCOM make demolition approvals conditioned upon providing the Town access to the proposed demolition site to photograph the exterior and the interior. 3 63 Architect Roger Janssen requested the demolition of the existing two-story guesthouse at the south property line. He stated that the structure was built in 1928; that there is no architect or builder noted in the Town's records; that it is a CBS structure with a flat roof; and, that the structure is in poor condition. As for the new entry gates, they will be stained solid cypress gates with metal hardware, and there will be two new piers behind the existing two piers. MOTION BY MR. ZUKOV FOR APPROVAL OF THE DEMOLITION, WITH THE CONDITION THAT THE APPLICANT PROVIDE PHOTOS OF THE INTERIOR SPACES AND EXTERIOR OF THE STRUCTURE. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. Regarding the gate design, some members felt that the gates do not relate to the architecture of the house, and the taller piers (behind the shorter piers) look odd. Mr. Janssen responded that the property owner wants a solid wood gate. MOTION BY MR. ZUKOV FOR APPROVAL OF THE GATE AS PRESENTED. MOTION SECONDED BY MR. KARAKUL. MOTION FAILED 3-4, WITH MRS. VANNECK, MR. HOMES, MR. GRISWOLD AND MR. SMITH OPPOSED. Some members who voted against the gate thought it would be more acceptable if the gate was painted white, grey or beige. Mr. Smith stated he had no objection to a solid gate. MOTION BY MRS. VANNECK FOR DEFERRAL OF THE GATE. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED 6-1, WITH MR. ZUKOV OPPOSED. B - 018 -2011 New Entry Gate Address: 137 Woodbridge Road Applicant: Raphael Yakoby Architect: Mario Nievera Design Inc. Project Description: New entry gate Call for disclosure of ex parte communication: Mr. Griswold made an ex parte declaration. Keith Williams of Mario Nievera Design Inc. provided the presentation. He stated that the Town Council had granted a Special Exception for the placement of the gate closer to the road. The dark bronze aluminum gate, attached to existing columns, is 14 ft. wide and ranges from 5 ft. to 7 ft.- 6 in. in height. Gate detailing mimics detailing on the front door. Some members approved of the design, while others felt simplification was in order. Members called attention to a second set of wood gates at the site. MOTION BY MR. HOMES FOR APPROVAL OF THE GATES AS PRESENTED. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED, 5-2, WITH MRS. VANNECK AND MR. VILA OPPOSED. 4 64 B - 021 - 2011 Motorized gate; exterior finishes; landscape/hardscape changes Address: 1090 North Lake Way Applicant: 1090 North Lake Way LLC Architect: Thomas M. Kirchhoff, AIA, PA Project Description: Replace existing cast stone cladding with travertine cladding. Limited hardscape and landscape changes. New motorized vehicular gate. Additional minor exterior finish revisions. Call for disclosure of ex parte communication: Several members made ex parte declarations. Architect Thomas Kirchhoff and Jorge Sanchez of Sanchez and Maddux, Landscape Architects, presented this project. Mr. Kirchhoff outlined the project as a re-do of the driveway, addition of gates, re-do of the hardscape, changes to the stone cladding on the home, and changes to railings. The wall material is to be changed to travertine and the horizontal stone is to be changed to coral. In the rear, the proposal would remove the existing railings and replace them with new railings which include a painted aluminum privacy panel within the railing. A larger privacy panel, painted light grey, is proposed to be cantilevered off the roof deck. The gate system includes two sliding gates: one painted blue with a window in front of a stainless steel gate behind. Commission comments: Maybe a dusted, etched or frosted glass panel would be preferable to painted panel for large privacy panel and railing panels; gate design, with color, is questionable. Jorge Sanchez presented the landscape/hardscape plan, including, but not limited to: Remove tall Ficus hedge and replace with 14 ft. Podocarpus; rectangular, flat water pool in the front, 18" deep, with blue glass tiles; reduce size of certain terraces and walkways; eliminate hardscape around the rear pool; add glass tiles to pool; terrazzo gravel driveway; roll away flat shutters in rear for inclement weather; simple serpentine landscape border; extend berm for more topography on the lakeside; add a few palms on lakeside and re-do seawall. Commission comments continued: Landscape is very nice; shape of gate is acceptable, but not the color; project needs restudy, especially with regard to painted panels and gate; inserting painted panels detracts from architecture of house; blue color is jarring on gate; metal panels and railings questionable; it is fine to change the railings, but this proposal is not an improvement. MOTION BY MR. KARAKUL TO APPROVE THE STONE CHOICES, THE LANDSCAPE PLAN,AND DRIVEWAY PLAN, BUT TO COME BACK FOR FUTHER RE-STUDY OF THE GATE, THE PANEL ABOVE THE FRONT DOOR,AND THE INSERTS IN THE RAILINGS. MOTION SECONDED BY MR. HOMES. MOTION CARRIED UNANIMOUSLY. B - 022 -2011 Demolition of home Address: 254 Jungle Road Applicant: K. Prescott Low and Susan Tucker Low Architect: Robert L. Bell, Architect, P.A. Project Description: Demolition of existing home Call for disclosure of ex parte communication: Several members made ex parte declarations. 5 65 Let the record show that the architect was not present. The project was presented by M. Timothy Hanlon, Attorney, and Don Skowron, Landscape Architect. Mr. Hanlon indicated that the property owner is happy to accept a conditional approval and to allow the house to be photographed, both interiorly and exteriorly. As to the demolition report, Mr. Hanlon stated that the two-story home (3823 sq. ft.)was built in 1930, was designed by Treanor and Fatio, and, has had minor additions since 1949. Mr. Skowron stated that a 12 ft. Ficus hedge will be placed along the front property line; two palms will be relocated elsewhere on site; and the remainder of the property will be grass. Chairman Smith asked the applicant for photos of the house to be demolished. None were included in the presentation. Chairman Smith stated he could not approve demolition without first seeing the structure to be demolished, and deemed the application incomplete. Attorney Randolph read from the Code as it relates to criteria for approval of demolition requests at ARCOM... "a demolition permit shall be granted upon the following conditions being met: (1) the property is not designated a landmark, and is not included on a list of properties within the Planning, Zoning & Building Department placed under consideration as a landmarked structure." Chairman Smith and staff noted that while photographs may not currently be a requirement of an application for demolition, it is certainly the expected practice of applicants requesting demolition to provide a photograph of the home to be demolished. The ARCOM application will be updated to absolutely include this specific requirement. MOTION BY MR. KARAKUL FOR DEFERRAL TO THE END OF THE MEETING, TO ALLOW THE APPLICANT TO RETURN WITH PHOTOS TODAY. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. Mr. Randolph was asked to read the code provisions again relative to demolition projects. Ted Cooney, 495 North Lake Way, referred back to discussions which occurred at the LPC meeting last week with regard to demolition. Since the Town Council has been reluctant to approve ordinance changes with respect to demolition,policies and procedures have been put in place to address how such matters should be handled. He commented that the applicant submitted too little information, and staff should have insisted on a complete application. Mrs. Vanneck commented that some homes proposed for demolition come to ARCOM in such disrepair, that the owners should be cited for allowing the property to deteriorate to that level. **At the end of the meeting, this item was recalled. Mr. Smith stated that he had been provided, by e-mail, two photos of the existing structure, and he passed those photos to the other members. MOTION BY MR. VILA FOR APPROVAL OF THE DEMOLITION WITH THE USUAL CONDITIONS FOR SODDING AND IRRIGATING AND WITH THE CONDITION THAT THE PROPERTY IS FULLY PHOTOGRAPHED, INTERIORLY AND EXTERIORLY PRIOR TO DEMOLITION. MOTION SECONDED BY MR. ZUKOV. MOTION CARRIED UNANIMOUSLY. 6 66 Let the record show that there was a short recess at this point. The meeting reconvened at 11:07 a.m. B - 023 -2011 Demolition; Construction of new residence Address: 445 Antigua Lane Applicant: 416 Brazilian Avenue LLC Architect: Roger Janssen with Dailey Janssen Architects, P.A. Project Description: Demolition of existing residence,pool and hardscape; Construct new Island Colonial two-story residence, guest house,pool, hardscape and landscape; Roof. Cedar Shake; Building Color: white; Trim Color: buff; Shutter Color: white Call for disclosure of ex parte communication: Several members made ex parte declarations Architect Roger Janssen presented this request, and used a model of the residence during the presentation. Mr. Janssen provided the demolition report for this one-story 1982 home, including photographs. Chuck Yanette of Parker Yanette Landscape Architects discussed the landscaping which will remain on site. He stated that much of the existing buffer will remain in place; some trees and shrubs will be removed; some trees will be relocated elsewhere on site; and, the large Kapok tree will remain at the south property line. As for the new two-story house and the new two-story detached guest house: Proposed with a stucco exterior with coral stone cladding and balustrades, mahogany French doors, casement windows, and, Ludowici terra cotta tiles; fountain at the main entrance; Royal Palms flank entrance to home; mixture of palm trees on site; and, Old Chicago Brick driveway with coral border. Mr. Janssen stated that his client would like to add a landscape island (with large Ficus)within the cul de sac, but that is not part of this request. Mr. Yanette gave an overview of the entire proposed landscape plan. Commission comments: Attachment of balcony beams to coquina odd; neighbors are concerned about scale of house; this house projects closer to the lake than any of the neighboring houses along the lake; questionable use of materials and colored roof and blue elements in this Island Colonial; care must be taken during demolition because the Kapok tree is so close to the house; remove the chain link fence to the south which is entwined in the Kapok, Fishtail palms on the property line are messy for neighbors; least successful part is the north side projection of the master bedroom and family room; mostly concerned with the west elevation; north wing projects so far forward and may negatively impact the neighbors; detailing is ambitious, but full of areas that need to be reconsidered; west elevation- amount of fenestration is out of control; north elevation-all of keystones are missing their arches; surrounds on second story windows out of proportion; entire project—detailing needs re-study; parking spaces along the 12 ft. strip around the cul de sac mentioned; model is great; does not look like same house east vs. west elevation; biggest issue—disturbing - to have loggia downstairs and cantilevered balconies above on top of spindly columns; guesthouse with exterior stair so tall and skinny—looks like staff quarters—out of proportion with itself; blue elements questioned; mahogany railings questioned; like the Ludowici roof; bay window at library so out of proportion; this would be the only two story guesthouse on the lake; the blue and red elements detract from the Bermuda look. Mr. Lindgren noted that one letter from a concerned neighbor was received. That neighbor is Bill Metzger, 277 Esplanade Way, who was present and addressed the commission. Mr. Metzger and his wife, Anne, are adjoining property owners to the east of this property, at 433 Antigua Lane, a property which they have owned for many years and hope to build a new home there. Mr. 7 67 Metzger expressed concerns about the style and large size of this home. He referred to it as "an assembly of architectural elements in search of a design" and"a confusing buffet of unrelated building parts." He also expressed concern about the location of utility equipment and the noise generated by it, and suggested that these systems be located far from their shared property line. Lastly, Mr. Metzger was concerned that he and his wife had not been contacted by the developers prior to the submission of the project, with respect to possible changes to the cul de sac which is a common roadway for all property owners on the street. Ms. Susanne Frisbee,property owner of 445 Antigua Lane, stressed the fact that the purpose of the design and its positioning on the lot is to showcase the spectacular Kapok tree. The chain link fence entwined in the tree is not owned by the Frisbees. The root barrier of the Kapok tree will be removed and the tree roots will be allowed to come toward the house. Regarding projecting to the north, unless that neighbor decides to remove the large Banyan, this house will not impede his view. Ms. Frisbee acknowledged that the house is large on a large lot, and they want the design to be an authentic addition to the lakefront. She also indicated that they are happy to make no donated improvements to the cul de sac if changes to it are not well received. Mr. Vila thanked Ms. Frisbee for her remarks and explanation of the design with its focus on the Kapok tree. He felt the use of the site was generally successful. MOTION BY MR. VILA TO DEFER THE PROJECT FOR FURTHER STUDY OF DETAILING OF FACADES, ESPECIALLY THE LAKESIDE FACADE. MOTION SECONDED BY MR. KARAKUL. MOTION CARRIED UNANIMOUSLY. MOTION BY MRS. VANNECK FOR APPROVAL OF THE DEMOLITION WITH THE USUAL CONDITIONS FOR SODDING AND IRRIGATING, PLUS A REQUIREMENT FOR PHOTO DOCUMENTATION OF THE INTERIOR AND EXTERIOR. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. B - 024 -2011 Demolition of residence Address: 221 El Vedado Road Applicant: Cynthia B. Moran Architect: Michael J. Johnson Project Description: Demolish existing residence Call for disclosure of ex parte communication: Several members made ex parte declarations Michael Johnson and Hunter Johnson presented this request for demolition of this 1927 Treanor and Fatio single family residence. Hunter Johnson provided the demolition report, discussed the landscaping to remain on the site, and provided photos of the existing home. He indicated that the front hedge material would be removed, and replaced with a similar hedge after demolition is complete. 8 68 MOTION BY MRS. VANNECK FOR APPROVAL OF THE DEMOLITION WITH THE CAVEATS THAT THERE BE FULL PHOTO DOCUMENTATION OF THE EXISTING HOME BY LPC STAFF, BOTH INSIDE AND OUTSIDE; THAT THE PROPERTY BE SODDED AND IRRIGATED; AND THAT THE HEDGE BE REPLACED IN GOOD CONDITION. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. B - 025 -2011 Additions and Renovations Address: 256 West Indies Drive Applicant: Mr. and Mrs. Peter Hicks Architect: Carlos A. Bonilla with Bonilla Torregroza Architecture LLC Project Description: One-story garage and entry porch additions; master and guest bedroom renovations Please note that the owner has requested deferral to the May meeting. Let the record show that Mrs. Vanneck filed a Voting Conflict form with respect to this project. MOTION BY MR. KARAKUL FOR DEFERRAL TO MAY. MOTION SECONDED BY MR. HOMES. MOTION CARRIED UNANIMOUSLY. B - 026 -2011 Time Extension Address: 200 La Puerta Way Applicant: J. B. & Carrie Murray Architect: The Pandula Architects, Inc. Project Description: Time extension for previously approved project, including demolition of existing residence, new British Colonial style residence and landscape/hardscape Call for disclosure of ex parte communication: Messrs. Homes and Griswold made ex parte declarations. Architect Eugene Pandula stated that this project was presented a year ago and received unanimous approval at that time, but permitting and construction was delayed. The project is ready to be submitted for permitting and there have been no changes to the original approval. As commission members recalled the project fondly, without further presentation, the following motion was made. MOTION BY MR. KARAKUL FOR APPROVAL OF THE TIME EXTENSION. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. C. MINOR PROJECTS - OLD BUSINESS: None 9 69 D. MINOR PROJECTS -NEW BUSINESS (12®05®24 a.m.) A - 004 -2011 Revisions to previous approval Address: 656 North County Road Architect: Ferguson& Shamamian Architects, LLP Project Description: Revisions to approved renovations and alterations of the existing 2 story single family residence, 1 story Pool House, and new 1 story Guest House. Main House design revisions include preserving the west facade and adjacent exterior staircase, removing an appendage on the north facade, and retaining a majority of the East Loggia. Pool House revisions include omitting a proposed window. Guest House revisions include altering the doors and windows on the South facade. Reductions to the amount of landscape and hardscape are also proposed (these designs are final). Call for disclosure of ex parte communication: Several members made ex parte declarations Scott with Ferguson & Shamamian Architects reviewed the proposed revisions to the approved renovations and alterations as listed above. In an effort to save time, Mr. Smith advised that there is no need to discuss or approve items which maintain the existing condition. It is only those items which are proposed for change that need to be discussed and approved. Most of the changes were viewed as minor. MOTION BY MR. KARAKUL FOR APPROVAL AS PRESENTED. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. A - 003 - 2011 Addition Address: 152 Reef Road Applicant: Mr. and Mrs. Matthew Fifield Architect: Glen P. Harris, AIA Project Description: Proposed two story addition to the southwest corner of an existing two story residence. The new addition will match existing colors and materials of the existing residence. Call for disclosure of ex parte communication: Messrs. Homes and Griswold made ex parte declarations. Architect Glen Harris presented this request for this two story addition in the rear of the property, of which only 18 inches will be visible from Reef Road. Mr. Lindgren stated that the proposal meets code. MOTION BY MR. KARAKUL FOR APPROVAL AS PRESENTED WITH THE PROVISO THAT ALL DETAILS MATCH THE EXISTING. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. A - 005 - 2011 Entry columns and wall Address: 112 Via Palma Applicant: Mr. and Mrs. Abe Haruvi Architect: SKA Architect& Planner, Patrick W. Segraves A.I.A. Project Description: Addition of four 2 ft. x 2 ft. x 8 ft. entry columns and site wall 10 70 Call for disclosure of ex parte communication: Mr. Griswold made an ex parte declaration. Architect Pat Segraves presented this request for a 4 ft. wall with four matching columns at the front of the house. After review of the plans, Mr. Zukov stated that he would prefer no lights on the front of the columns. Well lights, to light the columns from below, were suggested instead. MOTION BY MR. ZUKOV FOR APPROVAL OF THE PROJECT AS PRESENTED, WITH NO LIGHTS DIRECTLY ON THE COLUMNS, BUT ALLOWING WELL LIGHTS TO ILLUMINATE THE COLUMNS. MOTION SECONDED BY MR. VILA. MOTION CARRIED UNANIMOUSLY. IX. COMMUNICATIONS FROM CITIZENS (3 MINUTE LIMIT PLEASE) (12:19:00 a.m.)None X. COMMENTS OF THE ARCHITECTURAL COMMISSION AND DIRECTOR OF PLANNING ZONING AND BUILDING DEPARTMENT: (12:19:04 a.m.) Mr. Knowles inquired about the resolution of the matter of the excessive number of expansion joints shown on the Publix plans at the last meeting. Mr. Smith reported a significant reduction in the number of expansion joints on all elevations, but less of a reduction on the south facade where there is some frame construction. After review, Mr. Smith accepted the Publix revised plans, but strongly recommended that the entire structure be constructed in masonry for safety, especially during hurricanes. Mr. Ives stressed the importance of complete applications. XI. ADJOURNMENT: MOTION BY MR. KARAKUL TO ADJOURN THE MEETING AT 12:23 P.M. MOTION SECONDED BY MRS. VANNECK. MOTION CARRIED UNANIMOUSLY. The next meeting of the Architectural Commission will be held on May 25, 2011 at 9:00 a.m. in the Town Council Chambers, 2nd floor, Town Hall, 360 South County Road, Palm Beach. Respectfully submitted, Jeffery W. Smith, Chairman ARCHITECTURAL COMMISSION cmd 11 71 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 38-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Authorizing the Purchase of Five (5) Vehicles in the Total Amount of$135,610 as Previously Considered and Approved by the Town Council During the FY2011 Budget Process and Included in the Town's Equipment Replacement Program. Presenter Kirk W. Blouin, Chief of Police and Acting Chief of Fire-Rescue Supporting Documents • Memorandum dated April 27, 2011, from Kirk W. Blouin • Resolution No. 38-11 72 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Kirk W. Blouin, Chief of Police Re: Purchase Police Vehicles Resolution No.38-11 Date: April 27, 2011 STAFF RECOMMENDATION Staff recommends that the Mayor and Town Council approve the purchase of five (5)police vehicles (including one (1) mechanics truck) as previously considered and approved by the Town Council during the FYI I budget process and as described more explicitly below. GENERAL INFORMATION The Police Department anticipated purchasing (4) Ford Crown Victoria patrol vehicles as part of the FYI I equipment replacement program. However, at this time, after a thorough review of the entire fleet, it has been determined that three (3)patrol vehicles and one (1) detective vehicle should be replaced during FYI 1. The Ford Crown Victoria vehicles are no longer available and are being replaced with the Chevrolet Caprice. The three (3)patrol vehicles being replaced are part of the remaining vehicles on the three (3) year replacement plan and are fully depreciated. It is necessary and prudent to replace these vehicles in FYI I in order to convert the entire patrol fleet to a four(4) year replacement plan as discussed during the FYI I budget process. The detective vehicle will be a Chevrolet Malibu and replaces a 2003 Crown Victoria detective vehicle that is also fully depreciated. A Chevrolet Silverado Pickup will be purchased to replace the 2002 Ford F-250 which is fully depreciated and not capable of meeting the towing demands of the Police Department. The approval and purchase of the three (3)patrol vehicles is time sensitive as the deadline for ordering is May 14, 2011. The approval and purchase of the one (1) detective vehicle is time sensitive as the deadline has passed. We have been advised that G.M. intends to honor the 2011 price for this model only, for the 2012 vehicles, which can be ordered in June 2011. The approval and purchase of the one (1) mechanics truck, Chevrolet Silverado, is time sensitive as the deadline for ordering is May 12, 2011. 73 Purchase Police Vehicles April 27, 2011 Page 2 FUNDING/FISCAL IMPACT In the Equipment Replacement Fund during the FY 2011 budget process $141,800 was allocated for the purchase of police vehicles. All vehicles will be purchased through the Florida Sheriff's Association State Bid Award Announcement(10-17-0907) and Purchasing Division guidelines. The total purchase prices for each vehicle is as follows: three (3)patrol vehicles - $89,739 ($29,913 each); one (1) detective vehicle - $21,149; and one (1) truck- $24,722. This request is for five (5) vehicles at a total cost of$135,610. PURCHASING REVIEW This procurement has been reviewed and approved by the Purchasing Division of the Finance Department and award is hereby recommended to Garber Chevrolet for the Caprice, Bartow Chevrolet Inc. for the Malibu and Alan Jay Chevrolet for the Silverado Truck based on the Florida Sheriff's Association Bid Award Announcement(10-18-0907). TOWN ATTORNEY REVIEW Resolution No.38-11 has been approved by the Town Attorney for legal form and sufficiency. approval. KWB:rh Attachments cc: Jane Struder, Finance Director Lynda Venne, Director of Purchasing 74 RESOLUTION NO. 38-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE PURCHASE OF FIVE (5) VEHICLES IN THE TOTAL AMOUNT OF $135,610 AS PREVIOUSLY CONSIDERED AND APPROVED BY THE TOWN COUNCIL DURING THE FY2011 BUDGET PROCESS AND INCLUDED IN THE TOWN'S EQUIPMENT REPLACEMENT PROGRAM. BE IT RESOLVED BY TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY,FLORIDA, as follows: That the Palm Beach Police Department is hereby authorized and directed to purchase five (5) vehicles via the Florida Sheriff's Association Bid Award Announcement(10-18-0907)in the amount of $135,610. A copy of the FSA price per vehicle and the dealership is attached hereto as Exhibit A and is hereby incorporated within this Resolution and made a part hereof. PASSED AND ADOPTED IN A REGULAR, ADJOURNED SESSION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH THIS 10TH DAY OF MAY,2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N.Wildrick,Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid,Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member Pagel of 2 75 Exhibit A Award purchase based on FSA contract as follows: • Garber Chevrolet, 2011 Chevrolet Caprice, $89,739 (3 @ $29,913 each) • Bartow Chevrolet Inc., 2012 Malibu, $21,149 • Alan Jay Chevrolet, 2011 Silverado truck, $24,722 Per the Florida Sheriff's Association Bid Award Announcement (10-18-0907). Resolution No. 38-11 Page 2 of 2 76 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 48-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding Contracts for$32,799 to Community Asphalt Corporation, and for$184,823 to Florida Highway Products, Inc., for the Annual Roadway Paving and Resurfacing, Establishing a Total Budget of$261,108 for Said Improvements, and Authorizing the Town Manager to Take Actions Necessary to Complete Said Improvements. Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated April 29, 2011, from H. Paul Brazil, Director of Public Works. • Resolution No. 48-11 77 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, Director of Public Works Re: Award of Annual Road Paving and Resurfacing Contracts for Summer 2011 Work Resolution No. 48-11 Date: April 29, 2011 STAFF RECOMMENDATION Town staff recommends that Town Council approve Resolution No. 48-11 authorizing the award of the 2011 road paving and resurfacing contracts to Community Asphalt Corporation for the milling and resurfacing of Town streets, in the amount of $32,799 per the Palm Beach County Contract #R2010-1216 and to Florida Highway Products Inc. for the micro-surfacing of Town streets in the amount of $184,823 per the Palm Beach County Contract #R2009-1839. A total budget for these contracts of$261,108 is authorized, including contingency. GENERAL INFORMATION The approved FY 2011 Capital Improvement Program budget adopted by Town Council included $250,000 for roadway resurfacing. A balance of approximately $11,108 also remains from prior year funds. The proposed summer 2011 work is consistent with the approved 5-year paving plan and the funding available. The proposed paving work consists of: - Milling and resurfacing to occur on Chilean Avenue from South County Road to Cocoanut Row, and on Ibis Way between South Ocean Boulevard and Ibis Isle Road (East). - Micro-surfacing will be done on Barton Avenue from South Ocean Boulevard to South County Road, and Flagler Drive from Barton Avenue to Via Bethesda, and Primavera Avenue (west of Cocoanut Row), and Clarke Avenue from South Ocean Boulevard to South County Road, and Seabreeze Avenue (100 block and 400 block only), and Seaspray Avenue (100 block and 400 block only), and Phipps Plaza, and Four Arts Plaza, and Gulfstream Road, and Middle Road. The proposed paving work would commence after June 1, 2011, and is planned to be completed before August 31, 2011. Upon completion of this phase of work, approximately 80% of the streets in town will have been resurfaced since 2005. 78 A contingency of $43,486 is also provided to account for unforeseen conditions and necessary related work activities. Adjustment of water valve boxes, manholes, and other utility features will occur and typically $10-15K is allocated for this work. Similarly, any pavement marking/striping of the roadways occurs after the resurfacing is done, and is accomplished by a separate vendor. The contingency also accounts for material price adjustments (increases in liquid asphalt costs) and small variations in actual quantities of asphalt placed versus the estimated quantities. Lastly, any paving program changes (e.g. to resurface an additional block or two of streets) can be accommodated within the project contingency. Any funds remaining will be carried forward in the capital project account as has been done in past years. Town staff recommends that the paving work be accomplished via "piggy-back" contracts that are currently in place by other government entities (Palm Beach County). These contractors have successfully completed Town paving projects in Palm Beach in prior years. FUNDING/FISCAL IMPACT Including prior year carry-over funds, there is currently $261,108 available in the FY 2011 CIP budget adopted by Town Council for this roadway resurfacing work. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This item has been reviewed and approved by the Town Attorney as to form and legal sufficiency. Attachment HPB:nb cc: Jane Struder, Director of Finance Cheryl Somers, Assistant Director of Finance Eric B. Brown, P.E., Assistant Director of Public Works Ed Armstrong, Parks/Streets Supervisor Lynda Venne, Purchasing Agent 79 RESOLUTION NO. 48-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING CONTRACTS FOR $32,799 TO COMMUNITY ASPHALT CORPORATION, AND FOR $184,823 TO FLORIDA HIGHWAY PRODUCTS INC. FOR THE ANNUAL ROADWAY PAVING AND RESURFACING, ESTABLISHING A TOTAL BUDGET OF $261,108 FOR SAID IMPROVEMENTS, AND AUTHORIZING THE TOWN MANAGER TO TAKE ACTIONS NECESSARY TO COMPLETE SAID IMPROVEMENTS. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Town of Palm Beach approved the Capital Paving Program during its budget process for multi-year paving and resurfacing; Section 2. Community Asphalt Corporation has an existing contract with Palm Beach County (Contract #R2010-1216); and a contract in the amount of $32,799 is awarded, and Florida Highway Products Inc. has an existing contract with Palm Beach County (Contract #R2009-1839); and a contract in the amount of $184,823 is awarded, and a project contingency of$43,486 is provided to establish an overall project budget of$261,108 for said work, and Section 3. The Town Manager, or his designee, is hereby authorized and directed to execute purchase orders on behalf of the Town of Palm Beach for the roadway paving and resurfacing to Community Asphalt Corporation and Florida Highway Products Inc.; and Section 4. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the completion of this paving work. 80 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach assembled this 10th day of May 2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member Resolution No. 48-11 Page 2 of 2 81 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Resolutions Agenda Title RESOLUTION NO. 5 1-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Foster Marine Construction, Inc., in the Amount of$1,292,960 and Establishing a Construction Phase Budget of$1,422,256 for Installation of Utility Improvements and Roadway Restoration on North Lake Way and Tangier Avenue. Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated May 2, 2011, from H. Paul Brazil, Director of Public Works. • Resoution No. 51-11 • Bid Tab Sheets 82 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, P.E., Director of Public Works Re: Award for Construction of Utility Improvements on North Lake Way and Tangier Avenue Resolution No.51-11 Date: May 2,2011 STAFF RECOMMENDATION Town staff recommends that Town Council approve Resolution No. 51-11 authorizing the Town Manager to enter into an agreement for construction services with Foster Marine Contractors, Inc. in the amount of $1,292,960 for installation of utilities and roadway improvements on North Lake Way and Tangier Avenue and establishing a construction phase budget of$1,422,256. GENERAL INFORMATION Tangier Avenue plans were designed to make improvements to the water main, sanitary sewer, drainage lines, and roadway. The North Lake Way plans were designed to add additional drainage on N. Lake Way from south of North Woods Road to El Dorado Lane. To minimize construction duration and costs, staff merged the two projects together. The projects were designed by the same consultant and are located in close proximity to each other. This project is part of the Accelerated Capital Improvement Program and is scheduled to be completed this year. FUNDING/FISCAL IMPACT Funding for this project is fully contained within the Accelerated Capital Improvement Program. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and recommend award to the lowest responsive and responsible bidder-Foster Marine Contractors, Inc., in the amount of$1,292,960.00. TOWN ATTORNEY REVIEW The Town Attorney has reviewed this resolution and approved for legal form and sufficiency. Attachments cc: Thomas G. Bradford, Deputy Town Manager Jane Struder, Finance Director James Bowser, Town Engineer Charles Langley, Senior Project Engineer Douglas Terry, Water Resources Division Manager Jeffrey Sanon, Project Engineer 83 RESOLUTION NO. 51-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO FOSTER MARINE CONSTRUCTION, INC., IN THE AMOUNT OF $1,292,960 AND ESTABLISHING A CONSTRUCTION PHASE BUDGET OF $1,422,256 FOR INSTALLATION OF UTILITY IMPROVEMENTS AND ROADWAY RESTORATION ON NORTH LAKE WAY AND TANGIER AVENUE. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The construction contract is hereby awarded to Foster Marine Construction,Inc. for the amount of $1,292,960 and a construction phase budget of$1,422,256 is hereby established for this project. Section 2. The Town Manager is hereby authorized and directed to execute a contract on behalf of the Town of Palm Beach for installation of utility improvements and roadway restoration on North Lake Way and Tangier Avenue. Section 3. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the implementation of these construction phase services in conjunction with the Accelerated Capital Improvement Program. 84 PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 10th day of May 2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N.Wildrick,Council President Pro Tem William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member Resolution No.51-11 Page 2 85 North Lake Way and Tangier Avenue-Utility Improvements Bid No.2011-17 D.S.Eakins Construction Foster Marine Contractors,Inc. Johnson-Davis,Inc. Murray Logan Construction,Inc. The Whiting-Turner Contracting Contractor Corporation Company Address: 1481 Kinetic Road 7313 Westport Place 604 Hillbrath Drive 313 65th Trail N. Suite 101 Lake Park,FL 33403 West Palm Beach,FL 33413 Lantana,FL 33462 West Palm Beach,FL Ft.Lauderdale,FL 33309 Telephone: 561-842-0001 561-683-0034 561-588-1170 561-686-3948 954-776-0800 Fax: 561-842-0009 561-683-0335 561-585-5252 561-686-7465 954-776-0797 Contact:r Douglas S.Eakins Larry Brennen Ed Pultz David Logan Frank Zaremba Tangier Avenue Improvements General Conditions ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization 1 L.S. $1,000.00 $1,000.00 $7,000.00 $7,000.00 $7,000.00 $7,000.00 $24,000.00 $24,000.00 $5,000.00 $5,000.00 Maintenance of Traffic(Including 2 Pedestrian M.O.T.) 1 L.S. $7,000.00 $7,000.00 $6,900.00 $6,900.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00 $10,545.00 $10,545.00 3 Record Drawings 1 L.S. $11,300.00 $11,300.00 $6,400.00 $6,400.00 $7,400.00 $7,400.00 $15,000.00 $15,000.00 $18,315.00 $18,315.00 4 Indemnification and Performance Bond 11 L.S. 1 $10,000.001 $10,000.0011 $5,400.001 $5,400.0011 $8,000.001 $8,000.0011 $12,000.001 $12,000.0011 $12,210.001 $12,210.00 $29,300.001 $25,700.00 $27,400.00 1 $71,000.00 L $46,070.00 Demolition ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 5 Clearing and Grubbing 1 L.S. $28,000.00 $28,000.00 $4,500.00 $4,500.00 $10,000.00 $10,000.00 $8,000.00 $8,000.00 $3,885.00 $3,885.00 6 Remove Existing Header Curb 2,188 LF $5.00 $10,940.00 $7.00 $15,316.00 $2.00 $4,376.00 $4.00 $8,752.00 $6.66 $14,572.08 Remove LXisting ASPFaFt Pavement 7 (Roadway) 3,250 SY $4.00 $13,000.00 $6.00 $19,500.00 $2.00 $6,500.00 $4.00 $13,000.00 $5.55 $18,037.50 $51,940.00 $39,316.00 $20,876.00 $29,752.00 $36,494.58 Roadway Items ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 8 10"Limerock Base 3,250 SY $18.00 $58,500.00 $14.00 $45,500.0 $15.00 $48,750.00 $33.35 $108,387.50 $17.76 $57,720.00 9 Compacted Base Course Primed 3,250 SY $5.00 $16,250.00 $2.50 $8,125.0 $1.50 $4,875.00 $0.85 $2,762.50 $2.50 $8,125.00 Type S Asphaltic Concrete 2"Thick 10 (Roadway) 3,250 SY $17.00 $55,250.00 $14.50 $47,125.0 $12.00 $39,000.00 $14.55 $47,287.50 $17.76 $57,720.00 11 F.D.O.T.24"Valley Gutter 2,188 LF $26.00 $56,888.00 $19.00 $41,572.0 $12.00 $26,256.00 $16.00 $35,008.00 $19.98 $43,716.24 12 F.D.O.T.Type"D"Curb 192 LF $25.00 $4,800.00 $22.001 $4,224.0 $11.001 $2,112.00 $15.70 $3,014.40 $16.65 $3,196.80 Existing Driveway Adjustment& 13 Restoration 1 L.S. $22,275.00 $22,275.00 $17,000.00 $17,000.0 $25,000.00 $25,000.00 $28,000.00 $28,000.00 $49,950.00 $49,950.00 14 Sodding&Landscape Replacement 1 L.S. $5,000.00 $5,000.00 $8,600.00 $8,600.0 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $8,325.00 $8,325.00 15 Tactile Warning Strip 2 EA $500.00 $1,000.00 $600.00 $1,200.0 $350.00 $700.00 $300.00 $600.00 $388.50 $777.00 $219,963.00 $173,346.0 $166,693.00 $245,059.90 $229,530.04 Storm Water ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 16 Catch Basin Type"C" 8 EA $2,800.00 $22,400.00 $1,900.00 $15,200.00 $3,000.00 $24,000.00 $2,200.00 $17,600.00 $3,108.00 $24,864.00 Existing Structures:Replace Frame, 17 Grate or Lid 9 EA $1,025.00 $9,225.00 $800.00 $7,200.00 $900.00 $8,100.00 $1,400.00 $12,600.00 $721.50 $6,493.50 18 30"PVC(A2000) 11 LF $163.00 $1,793.00 $130.00 $1,430.00 $100.00 $1,100.00 $140.00 $1,540.00 $166.50 $1,831.50 19 24"PVC(A2000) 160 LF $100.00 $16,000.00 $94.00 $15,040.00 $75.00 $12,000.00 $85.00 $13,600.00 $73.26 $11,721.60 20 18"PVC(A2000) 49 LF $92.001 $4,508.00 $80.001 $3,920.00 $70.00 $3,430.00 $76.00 $3,724.00 $64.381 $3,154.62 21 15"PVC(A2000) 275 LF $84.00 $23,100.00 $36.00 $9,900.00 $60.00 $16,500.00 $64.00 $17,600.00 $44.40 $12,210.00 22 Drainage Manhole(MH) 1 EA $2,750.00 $2,750.00 $2,400.00 $2,400.00 $4,500.00 $4,500.00 $3,000.00 $3,000.00 $3,552.00 $3,552.00 23 Brainage Manhole(Conflict Structure) 2 EA $7,050.00 $14,100.00 $5,300.00 $10,600.00 $6,000.00 $12,000.00 $6,000.00 $12,000.00 $6,993.00 $13,986.00 24 Remove Existing Manhole 4 EA $1,000.00 $4,000.00 $700.00 $2,800.00 $2,000.00 $8,000.00 $500.00 $2,000.00 $832.50 $3,330.00 25 Adjust Manhole Lids 3 EA $600.00 $1,800.001 $500.00 $1,500.0011 $400.001 $1,200.0011 $800.00 $2,400.00 $388.50 $1,165.50 1126 IDesilting Existing 30"RCP 880 LF $4.001 $3,520.0011 $8.001 $7,040.00 $4.001 $3,520.0011 $18.00 $15,840.00 $3.611 $3,176.80 $103,196.001 1 $77,030.00 1 $94,350.00 1 $101,904.00 1 $85,485.52 North Lake Way and Tangier Avenue-Utility Improvements Bid No.2011-17 D.S.Eakins Construction Foster Marine Contractors,Inc. Johnson-Davis,Inc. Murray Logan Construction,Inc. The Whiting-Turner Contracting Contractor Corporation Company Sanitary Service ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 6"Gravity Sewer Laterals PVC SDR 26 27 with 6"Clean Outs 21 EA $1,375.00 $28,875.00 $1,500.00 $31,500.00 $1,800.00 $37,800.00 $1,400.00 $29,400.00 $971.25 $20,396.25 28 8"Gravity Sewer PVC SDR 26 1,100 LF $55.00 $60,500.00 $52.00 $57,200.00 $80.00 $88,000.00 $45.00 $49,500.00 $42.18 $46,398.00 29 Connect to Existing Sanitary Structures 1 LS $8,225.00 $8,225.00 $9,000.00 $9,000.00 $10,000.00 $10,000.00 $9,800.00 $9,800.00 $2,775.00 $2,775.00 30 lExisting Manhole Rehabilitation 1 31 EA 1 $2,200.001 $6,600.0011 $4,500.001 $13,500.0011 $1,500.001 $4,500.0011 $2,000.001 $6,000.0011 $1,665.001 $4,995.00 $104,200.00 1 $111,200.00 $140,300.00 $94,700.00 $74,564.25 Water Service ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 31 Fire Hydrant Assembly With Valves 3 EA $4,245.00 $12,735.00 $4,200.00 $12,600 $3,500.00 $10,500.00 $4,200.00 $12,600.00 $3,885.00 $11,655.00 32 8"x8"x6"Tee for FH 3 EA $885.00 $2,655.00 $400.00 $1,200 $500.00 $1,500.00 $450.00 $1,350.00 $444.00 $1,332.00 33 8"Gate Valve 5 EA $1,815.00 $9,075.00 $1,500.00 $7,500 $1,300.00 $6,500.00 $1,400.00 $7,000.00 $1,332.00 $6,660.00 34 Meter Box 17 EA $600.00 $10,200.00 $450.00 $7,650 $250.00 $4,250.00 $300.00 $5,100.00 $222.00 $3,774.00 2"Service Lateral with Corporation 35 Stops 171 EA $1,600.00 $27,200.001 $1,500.001 $25,500 $1,900.001 $32,300.00 $1,830.001 $31,110.00 $1,498.501 $25,474.50 36 8"Tapping Sleeve 1 EA $10,000.00 $10,000.00 $9,200.00 $9,200 $9,000.00 $9,000.00 $11,000.00 $11,000.00 $7,215.00 $7,215.00 37 8"Ductile Iron Pipe 1,133 LF $53.00 $60,049.00 $50.00 $56,650 $55.00 $62,315.00 $53.00 $60,049.00 $49.95 $56,593.35 Abandon and Grout Existing 38 6"WM 1 L.S. $4,175.00 $4,175.00 $3,500.00 $3,500 $3,000.00 $3,000.00 $4,000.00 $4,000.00 $12,576.30 $12,576.30 39 Temporary Water Service System 1 L.S. $18,500.00 $18,500.00 $19,000.00 $19,000 $10,000.00 $10,000.00 $28,000.00 $28,000.00 $16,650.00 $16,650.00 40 Existing Electrical Conduit Repair 1 L.S. $1,000.00 $1,000.00 $8,300.00 $8,300 $11,000.00 $11,000.00 $12,000.00 $12,000.00 $2,775.00 $2,775.00 411 New Pull Box 41 EA 1 $350.00 $1,400.00 $550.001 $2,200 $500.00 $2,000.00 $500.00 $2,000.00 $832.50 $3,330.00 $156,989.00 $153,300 $152,365.00 $174,209.00 $148,035.15 Tangier Avenue Improvements Total $665,588.00 $579,892.00 $601,984.00 $716,624.90 $620,179.54 NORTH LAKE WAY IMPROVEMENTS General Conditions ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization 1 L.S. $6,000.00 $6,000.00 $7,000.00 $7,000.00 $50,000.00 $50,000.00 $20,000.00 $20,000.00 $5,000.00 $5,000.00 Maintenance of Traffic(Including 2 Pedestrian M.O.T.) 1 L.S. $20,000.00 $20,000.00 $6,900.00 $6,900.00 $20,000.00 $20,000.00 $25,000.00 $25,000.00 $22,200.00 $22,200.00 3 Record Drawings 1 L.S. $12,800.00 $12,800.00 $6,400.00 $6,400.00 $22,400.00 $22,400.00 $15,000.00 $15,000.00 $21,645.00 $21,645.00 4 Indemnification and Performance Bond 11 L.S. $13,000.001 $13,000.0011 $5,400.001 $5,400.0011 $25,000.001 $25,000.0011 $15,000.001 $15,000.0011 $15,540.001 $15,540.00 $51,800.00 $25,700.00 $117,400.00 $75,000.00 $64,385.00 Demolition ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 5 Clearing and Grubbing 1 L.S. $15,000.00 $15,000.00 $3,800.00 $3,800.00 $25,000.00 $25,000.00 $19,000.00 $19,000.00 $3,885.00 $3,885.00 6 Remove Existing Header Curb 2,881 LF $5.00 $14,405.00 $7.00 $20,167.00 $3.00 $8,643.00 $4.00 $11,524.00 $6.66 $19,187.46 Remove LXisting sp a t avement 7 (Roadway) 5,114 SY $4.00 $20,456.00 $6.00 $30,684.00 $2.00 $10,228.00 $4.00 $20,456.00 $5.55 $28,382.70 $49,861.00 $54,651.00 $43,871.00 $50,980.00 $51,455.16 00 Roadway Items ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 8 10"Limerock Base 5,114 SY $18.00 $92,052.00 $14.00 $71,596.00 $16.00 $81,824.00 $33.35 $170,551.90 $17.76 $90,824.64 9 Compacted Base Course Primed 5,114 SY $5.00 $25,570.00 $2.50 $12,785.00 $2.00 $10,228.00 $0.85 $4,346.90 $2.50 $12,785.00 10 Type S Asphaltic Concrete 2-1/2"Thick (Roadway) 5,114 SY $18.00 $92,052.00 $17.00 $86,938.00 $15.00 $76,710.00 $15.80 $80,801.20 $20.81 $106,422.34 North Lake Way and Tangier Avenue-Utility Improvements Bid No.2011-17 D.S.Eakins Construction Foster Marine Contractors,Inc. Johnson-Davis,Inc. Murray Logan Construction,Inc. The Whiting-Turner Contracting Contractor Corporation Company 11 F.D.O.T.18"Valley Gutter 2,864 LF $25.00 $71,600.00 $20.00 $57,280.00 $12.00 $34,368.00 $14.80 $42,387.20 $18.87 $54,043.68 12 F.D.O.T.Type"D"Curb 461 LF $25.00 $11,525.00 $22.00 $10,142.00 $11.00 $5,071.00 $15.70 $7,237.70 $16.65 $7,675.65 Existing Driveway Adjustment& 13 Restortoration 1 L.S. $22,150.00 $22,150.00 $14,000.00 $14,000.00 $25,000.00 $25,000.00 $24,000.00 $24,000.00 $16,650.00 $16,650.00 14 Sodding&Landscape Replacement 1 L.S. $10,000.00 $10,000.0011 $13,000.00 $13,000.00 $50,000.00 $50,000.00 $20,000.00 $20,000.0011 $11,100.00 $11,100.00 $324,949.00 $265,741.00 $283,201.00 $349,324.90 $299,501.31 Water Service ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 15 Install New Valve Boxes 10 EA $600.00 $6,000.00 $500.00 $5,000.00 $600.00 $6,000 $575.00 $5,750.00 $333.00 $3,330.00 16 lWater Main Conflict Adjustment 4 EA $5,000.00 $20,000.00 $6,300.00 $25,200.00 $7,000.00 $28,000 $4,700.00 $18,800.00 $5,550.00 $22,200.00 $26,000.00 $30,200.00 $34,000 $24,550.00 $25,530.00 Storm Water ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 17 Catch Basin Type"C" 29 EA $2,800.00 $81,200.00 $2,000.00 $58,000.00 $2,500.00 $72,500.00 $2,200.00 $63,800.00 $2,886.00 $83,694.00 18 24"PVC(A2000) 1,190 LF $106.00 $126,140.00 $82.00 $97,580.00 $75.00 $89,250.00 $78.00 $92,820.00 $66.60 $79,254.00 19 21"PVC(A2000) 553 LF $61.00 $33,733.00 $71.00 $39,263.00 $70.00 $38,710.00 $77.00 $42,581.00 $64.38 $35,602.14 20 18"PVC(A2000) 721 LF $57.00 $41,097.00 $63.00 $45,423.00 $55.00 $39,655.00 $66.00 $47,586.00 $61.05 $44,017.05 21 15"PVC(A2000) 522 LF $49.00 $25,578.00 $50.00 $26,100.00 $50.00 $26,100.00 $56.00 $29,232.00 $44.40 $23,176.80 22 6"PVC(A2000) 15 LF $43.00 $645.00 $48.001 $720.00 $40.001 $600.00 $100.001 $1,500.00 $22.20 $333.00 23 Drainage Manhole(MH) 14 EA $2,850.00 $39,900.00 $2,300.00 $32,200.00 $5,000.00 $70,000.00 $3,300.00 $46,200.00 $3,108.00 $43,512.00 24 Drainage Manhole(Conflict Structure) 1 EA $6,550.00 $6,550.00 $5,000.00 $5,000.00 $7,500.00 $7,500.00 $6,000.00 $6,000.00 $7,215.00 $7,215.00 25 Connect to Existing Drainage Structure 1 L.S. $12,000.00 $12,000.00 $1,900.00 $1,900.00 $15,000.00 $15,000.00 $9,000.00 $9,000.00 $2,220.00 $2,220.00 $366,843.00 $306,186.00 1 $359,315.00 1 $338,719.00 $319,023.99 Sanitary Service ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 26 Sanitary Sewer Manhole 2 EA $3,850.00 $7,700.00 $6,400.00 $12,800.00 $5,000.00 $10,000.00 $4,200.00 $8,400.00 $3,885.00 $7,770.00 27 6"Gravity Sewer PVC SRD 26 65 LF $40.00 $2,600.00 $72.00 $4,680.00 $100.00 $6,500.00 $80.00 $5,200.00 $27.75 $1,803.75 28 8"Gravity Sewer PVC SDR 26 80 LF $54.00 $4,320.00 $84.00 $6,720.00 $100.00 $8,000.00 $50.00 $4,000.00 $55.50 $4,440.00 29 10"Gravity Sewer PVC SDR 26 20 LF $86.00 $1,720.00 $89.00 $1,780.00 $100.00 $2,000.00 $60.00 $1,200.00 $66.60 $1,332.00 30 12"Gravity Sewer PVC SDR 26 10 LF $142.00 $1,420.00 $83.00 $830.00 $100.00 $1,000.00 $70.00 $700.00 $83.25 $832.50 31 Anhole Lids(As Needed) 1 L.S. $5,050.00 $5,050.00 $180.00 $180.00 $7,500.00 $7,500.00 $9,600.00 $9,600.00 $388.50 $388.50 32 Existing Sanitary Manholes 1 L.S. $2,055.00 $2,055.00 $3,600.00 $3,600.00 $4,000.00 $4,000.00 $6,000.00 $6,000.00 $1,942.50 $1,942.50 $24,865.00 $30,590.00 $39,000.00 $35,100.00 $18,509.25 NORTH LAKE WAY IMPROVEMENTS Totals 1 $844,318,001 $713,068.00 $876,787.00 $873,673.901 $778,404.71 ADD-ALTERNATE BID ITEMS ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 30"PVC(A2000)Station 51+82 to Al Station 54+75 293 LF $250.00 $73,250.00 $135.00 $39,555.00 $250.00 $73,250.00 $85.00 $24,905.00 $0.00 $0 eplace Asphalt(2-1/2")with Base(10") A2 )w'ith Standard Trench Repair(Assume 8'Width)Station 51+82 to Station 54+50 1 L.S. $11,000.00 $11,000.00 $14,000.00 $14,000.00 $20,000.00 $20,000.00 $6,600.00 $6,600.00 $0.00 $0 North Lake Way and Tangier Avenue-Utility Improvements Bid No.2011-17 D.S.Eakins Construction Foster Marine Contractors,Inc. Johnson-Davis,Inc. Murray Logan Construction,Inc. The Whiting-Turner Contracting Contractor Corporation Company ep ace sp a - wi ase with Standard Trench Repair(Assume 8' Patch)Then Mill(1")&Resurface entire A3 SB Lane with Type S-3(1")Station 51+82 to Station 54+50 including Pavement Markings 1 L.S. $20,000.00 $20,000.0011 $17,000.00 $17,000.0011 $30,000.00 $30,000.00 $11,000.00 $11,000.0011 $0.00 $0 TOTAL BID PRICE(sum of all SUBTOTALS) Excludes Add-Alternate Bid Items $1,509,906.00 $1,292,960.00 $1,A78,771.00 $1,590,298.80 $1,398,584.25. Estimated time to start work upon Notice to Proceed 30 days 30 days 21 days 10 days 30 days Estimated time to complete project (Not to exceed time): 150 days 135 days 135 days 150 days 135/150 days Opened by: Bid Opening May 2,2011 @ 2:00 PM linclicates ia discrepancy from the written bid-unit costs prevail Witnessed by: �� 00 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent- Other Agenda Title Authorization to Extend Display Time Frame of Centennial Street Signs. Presenter Jay Boodheshwar, Director of Recreation Supporting Documents Memorandum Dated, April 29, 2011, from Jay Boodheshwar, Director of Recreation and Special Projects Request Dated April 19, 2011, from Patricia Sans, GSCRA 90 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Jay Boodheshwar, Director of Recreation and Special Projects Re: Request from the Greater South County Road Association Date: April 29, 2011 STAFF RECOMMENDATION Staff recommends that Town Council approve the request from the Greater South County Road Association (GSCRA) to allow the circa 1911 street signs along Royal Poinciana Way and South County Road to continue to be displayed for the rest of this Centennial year. GENERAL INFORMATION The Greater South County Road Association had previously requested and received approval from Town Council on October 12, 2010, to place temporary street signs along Royal Poinciana Way and South County Road in honor of the Town's Centennial. At its February 15, 2011, meeting, the Town Council approved an extension of the timeframe for which the signs could be in place until shortly after the actual Centennial of April 17, 2011. The GSCRA reports there has been an overwhelmingly positive response from the merchants and shoppers to the 1911 street signs. Therefore, the GSCRA requests that the signs be permitted to stay in place until the end of the Centennial year, December 31, 2011. cc: Paul Brazil, Director of Public Works Kirk Blouin, Chief of Police and Acting Fire-Rescue Chief John Page, Director of Planning, Zoning, and Building Patti Sans, GSCRA President Centennial Commission File 91 Frcrn: "Sans, Patricia(PALM BEACH, FL)"<patricia_sans @ml.com> To: Peter Elwell <pelwell @townofpalmbeach.com> Dc: JBoodheshwar @townofpalmbeach.com, PBrazil @townofpalmbeach.com Date: 04/19/2011 01:59 PM Subject: Centennial Street Signs Peter, There has been an overwhelmingly positive response from the merchants and shoppers of S County Road and Royal Poinciana to have the 1911 street signs, "Palm Beach Avenue" and "Main Street" remain up as long as possible. With a town so rich in history, it's been great having a small part of that history with us each and every day. Therefore, I would request that the Town and Town Council grant our request to have the street signs remain up until the end of this Centennial year. Let me know if there are any formal channels or paperwork that would be required. Thank you in advance for your support always. Patti Sans, GSCX4 This message w/attachments(message)is intended solely for the use of the intended recipient(s)and may contain information that is privileged,confidential or proprietary.if you are not an intended recipient,please notify the sender,and then please delete and destroy all copies and attachments,and be advised that any review or dissemination of,or the taking of any action in reliance on,the information contained in or attached to this message is prohibited. 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References to"Sender"are references to any subsidiary of Bank of America Corporation.Securities and Insurance Products:+Are Not FDIC Insured+Are Not Bank Guaranteed+May Lose Value+Are Not a Bank Deposit+Are Not a Condition to Any Banking Service or Activity+Are Not Insured by Any Federal Government Agency.Attachments that are part of this EC may have additional important disclosures and disclaimers,which you should read.This message is subject to terms available at the following link: http://www.bankofamerica.com/emaildisclaimer.By messaging with Sender you consent to the foregoing. 92 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent- Other Agenda Title Authorization to Fill Vacant Records Information Systems Position Due to Retirement. Presenter Kirk W. Blouin, Chief of Police and Acting Chief of Fire-Rescue Supporting Documents Memorandum dated April 26, 2011, from Kirk W. Blouin, Chief of Police 93 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Kirk W. Blouin, Chief of Police Re: Authorization to Fill Vacant Records Information Systems Position Due to Retirement. Date: April 26, 2011 STAFF RECOMMENDATION • Staff recommends the Town Council authorize the Town Manager to hire one (1) Records Assistant I employee to replace a staff member who will be retiring on July 15, 2011. • Upon approval, we ask that the Human Resources Department initiate the hiring process immediately. • Staff recommends the Town Council authorize the hiring of the replacement Records Assistant I prior to retirement of the current employee so that there is a sufficient training period and a smooth transition within the Records Information Systems Unit(RIS). GENERAL INFORMATION • The RIS Unit is a two person unit(reduced from four) and is essential to the operations of the department. The RIS Unit processes every report, citation, arrest, crash, subpoena, code violation, public records request, and much more. They coordinate with Criminal Investigations Unit(CIU) staff in submitting all crime statistics for Uniform Crime Report(UCR) tracking which is required by statute. One of the critical responsibilities of the Records Unit staff is the timely submission of all required records/documentation to the proper agencies including the State Attorney's Office and the Palm Beach County Clerk's Office. The Records Unit manager is the official Custodian of Records for the Police Department and the unit maintains all records in accordance with state and federal records retention law. In addition, they process all mail and maintain all forms used within the department. • Due to the critical nature of the unit and the position, looking forward to the manager's pending retirement in a few years, staff believes it is imperative that the Records Assistant I position remain a full time position. Savings will be realized due to the replacement person's entry level salary and the new benefits package provided. 94 Records Assistant I Position April 26, 2011 Page 2 • While current staff is able to cover absences for short periods of time, it is challenging for one person to do all that is necessary for any extended period of time. If replacement staff is not hired until the current staff member retires, it will be extremely difficult for the manager to perform all the duties of the RIS Unit while providing training to a new employee. Staff recommends we initiate the hiring process immediately and hire the replacement staff as soon as possible to allow the time necessary for current staff to train a new employee,resulting in a smooth transition. FUNDING/FISCAL IMPACT • For purposes of this memo, the annual cost savings compares the current salary to an entry level employee salary(cost of benefits not included): Senior Records Assistant 1 : $ 46,408 Entry Level Records Assistant I: $ 30,283 Savings: $ 16,125. KWB:rfh 95 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Consent- Other Agenda Title Authorization to Fill Vacant Crime Scene Evidence Unit(CSEU) Position Due to Retirement. Presenter Kirk W. Blouin, Chief of Police and Acting Chief of Fire-Rescue Supporting Documents Memorandum dated April 29, 2011, from Kirk W. Blouin, Chief of Police 96 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Kirk W. Blouin, Chief of Police Re: Authorization to Fill Vacant Crime Scene Evidence Unit Position Due to Retirement. Date: April 29, 2011 STAFF RECOMMENDATION • Staff recommends the Town Council authorize the Town Manager to hire two (2) Part- time No Benefits Crime Scene Evidence Technicians to replace the retiring Crime Scene Evidence Unit Technician H. GENERAL INFORMATION • The Crime Scene Evident Unit(CSEU) is a two and half person unit(reduced from four) consisting of the CSEU Manager; one Crime Scene Technician H(CST II) and an office assistant whose time is split between the CSEU and the Criminal Investigation Unit. • The current CST II will reach retirement age in June 2011, after 30 years of employment with the agency. She has verbally stated that she will be retiring shortly after her anniversary date of June 18, 2011. Initiation of the hiring process will be dependent upon receipt of written notice. • Eliminating the full time CST 11 position (upon the retirement of the current employee) and replacing it with two part time, no benefits Crime Scene Technician positions was presented in the FY12 Long Term Financial Plan. This plan is advantageous to the operation of the unit and a cost saving to the Town. The recommended changes will reduce the staffing costs, increase the personnel available for response to a larger crime scene, and spread the call-out responsibilities over more personnel. • Currently, the CSEU Manager and CST H split the on-call responsibilities of CSEU. Even when not being called out, this requires each individual to be able to respond within one (1) hour to any location in Town for 26 weeks of the year. The addition of a third qualified CST, reduces the on-call time to only 18 weeks a year. 97 Crime Scene Evidence Technician II Position - Page 2 • Part-time employees are authorized to work 30 hours per week, or 60 hours per pay period. In the event of a serious crime scene, both PT employees could be called to the scene along with the CSEU Manager, increasing our ability to fully process large crime scenes in a reasonable amount of time. This would not effect overtime cost as the part time employees would simply work less regular hours during the remainder of the pay period. FUNDING/FISCAL IMPACT • For purposes of this memo, the annual cost savings compares the current salary to two (2)part-time entry level employee (benefit cost savings have not been included): Senior Crime Scene Technician II: $ 67,164 (2) Part-time Crime Scene Evidence Technician II: $ 43,287 Savings: $ 23,877' KWB:ls 98 TOWN OF PALM BEACH Town Meeting on: May 10, 2011 Section of Agenda Consent - Other Agenda Title Authorization to Continue Membership and to Pay Dues to the Florida League of Cities. Presenter Jane Struder, Director of Finance Supporting Documents Memorandum Dated April 29, 2011, from Jane Struder, Finance Director 99 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Jane Struder, Finance Director Re: Authorization to Continue to Pay Membership Dues to the Florida League of Cities in Order to Preserve Receipt of Business Tax Revenue Date: April 29, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council authorize a Contingency allocation of$939 for annual dues to the Florida League of Cities in order to preserve the receipt of business tax revenue collected by the Florida League of Cities. GENERAL INFORMATION During the FYI budget process, the Town Council decided to eliminate all dues in the Legislative program except dues for Palm Beach County League of Cities. This decision included the elimination of dues to the Florida League of Cities (FLC). The FLC has informed the Town that due to a contractual arrangement they have with the State of Florida, the Town must be a member of the FLC in order to receive business taxes that are collected by the FLC from insurance companies that are domiciled outside the State of Florida and sell policies in the Town. The FLC has been collecting these fees since 1951 at no charge to the Town. Annual disbursements to the Town by the FLC have ranged from$6,760 to $15,319 since 2005. Collections to date that would be remitted to the Town if the Town maintains membership with the FLC currently total$4,350. Staff is recommending that we maintain our membership with the FLC at a cost of$939 for FYI in order to continue receiving the noted business tax disbursements. FUNDING/FISCAL IMPACT Annual dues for membership in FYI to the Florida League of Cities are $939. Annual revenues from the business tax disbursements will exceed$5,000. jls 100 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Board/Commission Annual Report Agenda Title Code Enforcement Board. [Chairman Timothy Hoffman and Police Chief Kirk Blouin] Presenter Kirk W. Blouin, Chief of Police and Acting Chief of Fire-Rescue Supporting Documents • Memoradum dated April 29, 2011, from Kirk W. Blouin, Chief of Police • Code Enforcement Board Cases and Fines Due 101 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Kirk W. Blouin, Chief of Police Re: Annual Report—Code Enforcement Board Date: April 29, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council hear the presentation of the Annual Report for 2010 by Timothy Hoffman, Chairman of the Code Enforcement Board. GENERAL INFORMATION The following information is a summary of the activities of the Code Enforcement Board for the past year. Timothy Hoffman, the Chairman is prepared to address the Town Council with additional comments regarding the Code Enforcement Board and answer any questions. The Code Enforcement Board currently has nine (9) members (seven (7) regular members and two (2) alternates). Timothy Hoffman was re-elected as Chairman at the April, 2011 meeting and Harris S. Fried was re-elected as Vice Chairman. The remaining regular members are Joel P. Koeppel, Larry Ochstein, Madelyn Greenberg, Cynthia Van Buren and James M. Ballentine, Jr. The two alternates are W. Anthony Dowell and Scotch Peloso. From May, 2010 through April, 2011, the Code Enforcement Board heard 131 new code violation cases, 35 fine consideration cases, eight (8) requests for fine reductions and one (1) foreclosure hearing. During this same period of time, the Town of Palm Beach collected $358,166.74 in fines ordered by the Code Enforcement Board and $10,800 in Code Enforcement administrative fees. There was an additional $11,175 in fines collected from individuals who chose to pay code enforcement violation fines in lieu of appearing before the Code Enforcement Board. As of April, 2011, there are seven (7) properties in daily running fine which total $883,900 and 39 properties with non-running fines totaling $841,177.84. Liens in favor of the Town have been filed against all of these property owners. There were three (3) Town properties foreclosed on as a result of Code Enforcement Board action, 215 Colonial Lane, 112 Caribbean Avenue and 110 Angler Avenue. At its February, 2011 meeting, the Code Enforcement Board recommended the Town Council proceed with a foreclosure action on 2283 W. Ibis Isle Road. This foreclosure 102 Annual Report—Code Enforcement Board April 29, 2011 Page 2 had been previously approved by the Town Council at its December 14, 2010 meeting based on the Code Enforcement Board recommendation. At the present time, the Code Enforcement staff is comprised of one (1) civilian manager who also manages the parking enforcement function of the police department, a parking/code enforcement specialist, one (1) full time lead code enforcement officer and one (1)part time code enforcement officer. The Town is in the process of hiring two additional part time code enforcement officers and interviews were recently conducted with potential candidates. Code enforcement staff handled 1,061 complaints from May 1, 2010 through April, 2011 of which 447 were self-initiated by the code enforcement officers. There were 1,667 inspections completed, 726 code violation warnings and 97 notice of violations issued. Staff also wrote 62 right of way violations for construction parking incidents. Attached is a list of all properties with current outstanding code enforcement fines. Attachment KWB:rh 103 Code Enforcement Board Costs and Fines as of 4/28/2011 Date Board Homestead/Foreclosure Date Lien Case# Name Address Order Total Due Comments Status Recorded Homesteaded/Cannot 06-2042 Robert&Louisa Dean 232 Cherry Lane 10/19/2006 $150.00$150 CEB 10/19/06 Foreclose 12/29/2006 $150 CEB Cost 3/15/07;$250/day start Homesteaded/Cannot 07-2073 Robert&Beverly Lowden 129 Chilean Ave. 3/15/2007 $35,377.84 3/14/07,end 7/31/07;Adv fee$477.84 Foreclose 4/12/2007 $150 CEB 4/25/07;$250/day start Homesteaded/Cannot 07-2089 Erik Gilbertson 151 Chilean Ave. 4/25/2007 $361,150.00 5/15/07. Foreclose 1/31/2008 $150 CEB anclWater Violation$100 on Homesteaded/Cannot 07-2185 lJohn Atkinson 250 Clarke Ave. 7/19/2007 $250.00 7/19/07 Foreclose 4/24/2008 Homesteaded/Cannot 07-2230 Philip Steinberg 1640 S.Ocean Ave. 7/19/2007 $250.00$150 CEB 7/19/07;Water Violation$100 Foreclose 4/24/2008 1/31/2008 for$150 $150 CEB 9/20/07;$250/day start Homesteaded/Cannot and 8/11/10 for 07-2277 Susan Gibson 226 Pendleton Ave. 9/20/2007 $43,400.00 9/29/07,end 3/20/08(sewer) Foreclose $250/day $250/day start 10/17/07(doors and Homesteaded/Cannot 07-2277 Susan Gibson 226 Pendleton Ave. 9/20/2007 $322,250.00 windows) Foreclose 8/11/2010 $150 CEB 2/20/07p;3 different violations/CEB fine reduction$4000 on Homesteaded/Cannot 07-2363 Violet Alexander 259 Oleander Ave. 2/20/2007 $4,750.00 2/21/08 Foreclose 6/2/2008 $150 CEB and$300 Water Violation on Homesteaded/Cannot 07-2385 Philip Steinberg 1640 S.Ocean Ave. 1/17/2008 $450.00 1/17/08 Foreclose 4/24/2008 Not Homesteaded; $150 CEB and$100 Water Violation on Foreclosure costs exceed 07-2398 159 Sunset Ave.LLC 159 Sunset Ave 2/20/2007 $250.00 2/20/07 balance due 4/24/2008 $150 CEB and$200 Water Violation on Homesteaded/Cannot 07-2421 John Atkinson 250 Clarke Ave. 1/17/2008 $350.00 1/17/08 Foreclose 4/24/2008 $150 CEB 4/17/08;$250/day start Homesteaded/Cannot 08-2478 E.Nordin Gilbertson 151 Chilean Ave. 4/17/2008 $272,900.00 5/2/08 Foreclose 7/31/2008 Foreclosed/Town successful bidder fine stopped on 7/10/08;$10000.00 paid re: 08-2492 Stephen Macari 1110 Angler Ave. 5/15/2008 $17,150.00 245 Queens Ln. Now owned by TOPB 7/31/2008 Commercial/Foreclosure costs 08-2497 1C.J.'s Simply Gourmet Inc. 1235 Sunrise Ave.0-19 5/15/2008 $400.001$150 CEB and$250 Fine on 5/17/08 exceed balance due 7/31/2008 Page 1 of 4 Code Enforcement Board Costs and Fines as of 4/28/2011 Date Board Homestead/Foreclosure Date lien Case# Name Address Order Total Due Comments Status Recorded Commercial/Foreclosure costs 08-2498 C.1.'s Simply Gourmet Inc. 235 Sunrise Ave.0-19 5/15/2008 $400.00$150 CEB and$250 Fine on 5/17/08 exceed balance due 7/31/2008 Commercial/Foreclosure costs 08-2499 C.J.'s Simply Gourmet Inc. 235 Sunrise Ave.C-19 5/15/2008 $650.00$150 CEB and$500 Fine on 5/17/08 exceed balance due 7/31/2008 Commercial/Foreclosure costs 08-2500 C.J.'s Simply Gourmet Inc. 235 Sunrise Ave.C-19 5/15/2008 $650.00$150 CEB and$500 fine on 5/17/08 exceed balance due 7/31/2008 Property Owner not the 08-2554 Catharine Bradley 40 Cocoanut Row 10/16/2008 $400.00$150 CEB and$250 fine on 10/16/08 violator unable to file Property Owner not the 08-2572 Catharine Bradley Royal Poinciana Plaza 11/20/2008 $650.00$150 CEB and$500 fine on 11/20/08 violator unable to file 271 La Puerta Way LLC(New $75/day start 2/17/09 ends Not Homesteaded/Property 12/30/08 and 08-2583 owner Roebling) 271 La Puerta Way 11/20/2008 $15,900.00 9/17/09;prop sold/lien to new owner sold subject to Town lien 3/4/2009 $200/day start 12/16/08 ends 3/6/09;in Not Homesteaded;Lender 12/30/2008 08-2585 Charles W.Smith 242 Cherry Lane 11/20/2008 $16,000.00 foreclosure with bank foreclosure action in progress and 6/8/2010 $150 CEB on 12/18/08;do not hold Property Owner not the 08-2593 Precision Green 223 Via Tortuga 12/18/2008 $150.00 permit for address violator unable to file $150 CEB and$250 fine on 2/19/09;do Property Owner not the 09-2610 T&P Pavers 1485 Via Manana 2/19/2009 $400.00 not hold permit for address violator unable to file Not Homesteaded; $150 CEB on 3/19/09;$250/day start Foreclosure costs exceed 09-2622 Frank Frankel 249 Brazilian Ave. 3/19/2009 $2,150.00 4/14/09 end 4/22/09 balance due 4/28/2009 Homesteaded/not owner occupied/Town Foreclosure 8/11/2009 and 09-2652 Lawrences Rule Jr. 2283 W.Ibis Isle Rd. 7/16/2009 $154,500.00$250/day start 8/18/09 action in process 8/27/09 Commercial/Foreclosure 09-2672 2401230100 Trust 2842 S.Ocean Blvd. 1/23/2010 $62,150.00 1$150$250/day;start 1/22/10 action by lender in progress 6/2/2010 CEB Town received Cert of Title on 10-2690 Stephen Macan 110 Angler Ave. 1/21/2010 $135,650.00 10/20/10 Now owned by TOPB 2/26/2010 Not Homesteaded; Foreclosure costs exceed 10-291 Joseph Cain 1893 S.County Rd. 1 1/21/2010 $1,650.00$75/day;start 1/27/10,end 2/16/10 balance due 2/26/2010 Page 2 of 4 Code Enforcement Board Costs and Fines as of 4/28/2011 Date Board Homestead/Foreclosure Date Lien Case# Name Address Order Total Due Comments Status Recorded Not Homesteaded; foreclosure action by lender 10-2700 2401230100 Trust 2842 S.Ocean Blvd. 2/20/2010 $47,400.00$250/day;start 2/20/10,end 8/28/20 in progress 6/2/2010 Non-Homesteaded; 10-2705 332 S.County Rd.LLC 332 S.County Rd. 10/21/2010 $32,750.00$250/day;start 12/18/10 Commercial property 12/27/2010 Non-Homesteaded;Owner 10-2706 Susan C.Lee 287 Pendleton Ave. 4/15/2010 $95,900.00$250/day;start 4/10/10 Occupied 6/2/2010 Homesteaded;Cannot 10-2708 Robert A.&Louisa A.Dean 232 Cherry Lane 4/15/2010 $900.00$75/day;start 4/10/10,end 4/20/10 Foreclose 6/2/2010 Not Homesteaded; Omphoy Ocean Resort&2401 foreclosure action by lender CE 10-43 3201 Trust 2842 S.Ocean Blvd. 4/15/2010 $150.00 150 CEB in progress CEB costs paid on 8/2/10;$250/day;start 8/3/10,ended 3/10/11;reduction by Not Homesteaded/fine CE 10-182 Florida Capital Management 237 Brazilian Ave. 8/19/2010 $24,750.00 board of$30,000.00 on 4/21/11 reduction hearing 4/21/11 10/13/2010 Not Homesteaded; Omphoy Ocean Resort&2401 foreclosure action by lender CE 10-238 3201 Trust 2842 S.Ocean Blvd. 7/15/2010 $150.00 150 CEB in progress Not Homesteaded;notice of CE 10-359 516 So.Ocean Blvd.LLC 516 S.Ocean Blvd. 8/19/2010 $6,750.00$250/day;start 9/11/10,end 10/8/10 foreclosure hearing mailed 10/13/2010 Not Homesteaded; $250/day;start 9/25/10 end 1/7/11 due foreclosure action by lender 11/10/2010 CE 10-418 Gail Trinka 2300 S.Ocean Blvd. 10/21/2010 $26,150.00 to notice to abate in progress and 12/16/10 Multi family condo/some CE 10-537 Thomas Campaniello 240 S.County Rd. 11/18/2010 $31,000.00$250/day;start 10/30/10 ends 3/3/11 units homesteaded 12/16/2010 CEB costs paid 2/23/11;$100/day start retroactively on 3/17/11(out of Not Homesteaded; to randolph CE 10-670 County Road Holdings LLC 105 N.County Rd. 3/17/2011 $4,200.00 compliance on 4/19/11) Commercial Property 4/29/11 Not Homesteaded; 1176 N.Ocean Blvd. $150 CEB paid on 1/20/11;$150/day Foreclosure costs exceed il E 10-691 Frank Jensen Family Trust (numeric is 1178 in PAPA) 2/17/2011 $2,850.00 start 2112/11,ends 3/4/11 balance due 3/4/2011 rn Page 3 of 4 Code Enforcement Board Costs and Fines as of 4/28/2011 Date Board Homestead/Foreclosure Date Lien Case# Name Address Order Total Due Comments Status Recorded $150 CEB on 3/17/11;$100 day fine Homesteaded/Cannot to randolph CE 11-105 E.Nordin Gilbertson 151 Chilean Ave. 3/17/2011 $2,850.00 start 4/1/11 Foreclose 4/25/11 Aristokids and Pems CE 11-154 Partnership 309 S.County Rd. 4/21/2011 $150.00$150 CEB on 4/21/11 Not Homesteaded;Lender CE 11-200 Charles W.Smith 242 Cherry Lane 4/21/2011 $150.00$150 CEB on 4/21/11 foreclosure action in progress CE 11-348 Love II LLC 404 Hibiscus Ave. 4/21/2011 $150.00$150 CEB on 4/21/11 $1,726,627.84 0 Page 4 of 4 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Regular Agenda - Old Business Agenda Title RESOLUTION NO. 50-11 A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Awarding a Contract to Kimley-Horn and Associates, Inc., for Design Services in the Amount of$9,600 and Establishing a Design Budget of$11,000 for Establishing Parking on South County Road Between Clarke Avenue and Barton Avenue. Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated April 29 , 2011, from H. Paul Brazil, Director of Public Works.. • Resolution No. 50-11 • Kimley-Horn Letter Agreement dated April 29, 2011. 108 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, P.E., Director of Public Works Re: FDOT Update on South County Road Parking Near Clarke Avenue Resolution No. 50-11 Date: April 29, 2011 STAFF RECOMMENDATION If the Town Council decides to further pursue the possibility of adding on-street parking on South County Road between Seaview Avenue and Barton Avenue, then Town staff recommends adoption of Resolution No. 50-11 authorizing the Town Manager to enter into an agreement with Kimley-Horn and Associates, Inc. (Kimley-Horn) awarding$9,600 for design services, and establishing a design budget of$11,000 . GENERAL INFORMATION On April 18, 2011, Town staff and Kimley-Horn's traffic engineer met with Florida Department of Transportation (FDOT) officials to discuss the Town's proposed conceptual plan to establish parking on County Road. The discussion addressed extending the parking along the east side of South County Road north from Seaview Avenue to between Clarke Avenue and Barton Avenue. Upon the conclusion of the meeting, it was determined that FDOT has no objections to the project. The project would have to be permitted through both their local office and their District IV office in Ft. Lauderdale for right-of-way, and operation and design reviews, respectively. If this is an option the Town Council would like to pursue,design work can begin immediately. FUNDINGNISCAL IMPACT This is not a planned project and is not funded. Sufficient funds exist in the pay-as-you-go Capital Improvement Program to accomplish the design and permitting. This will also allow us to develop a construction cost estimate. Funding the construction costs will need to be addressed at a future Town Council meeting. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW The Town Attorney has reviewed this resolution and approved for legal form and sufficiency. Attachments cc: Thomas G. Bradford,Deputy Town Manager Jane Struder,Director of Finance James M. Bowser,P.E.,Town Engineer Jeffrey Sanon,P.E.,Project Engineer Robert Weber,Coastal Coordinator 109 RESOLUTION NO. 50-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,PALM BEACH COUNTY,FLORIDA,AWARDING A CONTRACT TO KIMLEY-HORN AND ASSOCIATES, INC., FOR DESIGN SERVICES IN THE AMOUNT OF$9,600 AND ESTABLISHING A DESIGN BUDGET OF$11,000 FOR ESTABLISHING PARKING ON SOUTH COUNTY ROAD BETWEEN CLARKE AVENUE AND BARTON AVENUE. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Town Manager is hereby authorized and directed to execute a purchase order on behalf of the Town of Palm Beach for design phase services related to installation of parking along the east side of South County Road north from Seaview Avenue to between Clarke Avenue and Barton Avenue. Section 2. The design contract is hereby awarded to Kimley-Horn and Associates, Inc. for the amount of $9,600 and a design budget of$11,000 is hereby established for this project. Section 3. The Town Manager,or his designee,is hereby authorized and directed to take such further actions as may be necessary to effectuate the implementation of these design services for the Capital Improvement Program. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 10th day of May,2011. Gail L.Conigho,Mayor David A.Rosow,Town Council President Robert N.Wildrick,Council President Pro Tern William J.Diamond,Town Council Member ATTEST: Richard M. Kleid,Town Council Member Susan A.Owens, Town Clerk Michael J.Pucillo,Town Council Member 110 �� and Associates, Inc. April 28, 2Q11 FA 20"', �920 W61vaw2y West Palm aoadinm^ua Mr. Jeff Sanon, P.E. 33411 Town m(Palm Beach 951 Old Okeechobee Boulevard, Suite/\ West Palm Beach, Florida 33401 Re: Letter Agreement for Roadway Design Services BRA1'4(County Road) Town ofPm|m Beech, Florida Dear Mr, Sanon: Kim|ey-Horn and Associates, Inc, ('^KHA°) is pleased to submit this letter agreement (the "Agroenoen{~)to the Town uf Palm Beach ("theClient . "Town, or ^YoV°) for providing professional engineering services associated with the re- striping of SF( f\1A (County Rood) between Seamproy Avenue and the alley between Barion Avenue and Clarke Avenue to accommodate single lane of parking. Our project understandinQ, scope o(services, schedule and fee follows, PROJECT UNDERSTANDING |kim our understanding that the Town desires to re-stripe SRA1A (County Road) to include two southbound lanes, one northbound lane, and a parking lane. We have prepared this proposal tu develop a striping and siQnage plan atthe subject location, SCOPE OFSERVICES KH/\ will coordinate with the Florida Department of Transportation (FOOT) Planning Department in seeking their approval of the lane reduction. It is anticipated that the Planning Department will desire \V see traffic volumes and a level of service analysis for County Rood. KHA will provide this analysis to the Department in a letter report, K additional information is needed, it will be pedonnadas additional services. Task 2—Base Mapping KHA will obtain on aerial photograph from Palm Beach County which will subsequently be used by KHAtu develop the bese map for the project, Based on our prior meeting with the FOOT, it was deemed that this level of detail was appropriate for this project. KHA will perform a field visit to veffy the scale and accuracy of the aerials. KH/\ will oornpans the aerial to the conditions observed in the field and note any significant differences that would impact the design. W TEL 561845 0665 FAX M1 86318176 111 INI hh�� 0�and Associates, Inc. Jeff Seoun.RE, April za^oo11^Page z Task 3—Signing and Marking Plan Preparation KHA will develop preliminary Signing and Marking Plans for the project. The preliminary Signing and Marking Plans will indicate the location of existing and proposed striping, reflective pavement markings (RPK4s) ifany, parking kioaks, and signs. KHA will coordinate with the Town of Palm Beach Public Works Department and FOOTdur|ng the development of the preliminary plans. KHA will Provide five (5) preliminary plan sets for Town and FQ{}T comment. KHA will coordinate with Town and FDOT staff toaddress one round of reasonable comments on the preliminary design and then prepare the Final Signing and Marking Plans. The plans will be developed in accordance with the latest Town of Palm Beach standards, F[)OT stendapds, and the 2009 Manual on Uniform Traffic Control Devices (k4Ul-C[>). The Final Signing and Marking Plans will contain the following sheets: (1) Cover Sheet (2) General notes and tabulation ofquantities (3) Signing and Marking P[an, containing proposed striping and signing and existing striping and signing removal details KHA will provide five plan sets for Town and FD(}Tcummeni. KHA will respond tuupto one round of comments on the plans, KHA will prepare on engineer's opinion of probable cost(OPC)for the striping mndsigneQe. KHA will prepare one FDCJT General Use R1ght-of-Way-Permii Application to accompany the permit request. KHA will submit the{)PC and plan sets toF[}QT. Task 4— Meetings KHA will be available fo attend upto three (3) meetings regarding the project at your request. Additional Services Any services not specifically provided for in the above scope, as well amany changes in the scope you request, will be considered additional services and will be performed on an hourly basis in accordance with our contract with the Town, aavve agree prior to their performance. Additional services vve can provide include but are not limited to the following: 1. response to comments beyond those included above 2. bid and construction phase services 3. construction administration 4. topographic survey and/or design 5, coordination with other agencies, including but not limited toFODT 8. additional traffic engineering analyses 7. planning and zoning assistance ' � TE L 661&15 066 FAX ma1ooaa175 Kimle« Horn and Associates, Inc. Jeff Sannn.RE, April 2g.2O|/.Page 8 8. permitting and regulatory assistance beyond that described above 8. forensic(expert witness) men/ioea 18. landscape architecture services 11. attendance at meetings and/or public hearings beyond that described above SCHEDULE We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule, FEE AND BILLING KHAw/i|l perform the services described in this Scope of Services for the above tasks on an hourly basis in accordance with our Contract with the Town, We recommend that the following budgets be established for the project: • Task - $2.125 • Task 2 -$1.4QO • Task 3 -$4.525 • Task 4 -$1^55O CLOSURE In addition to the matters set forth herein, Our Agreement shall include and be subject to, and only to, the terms and conditions in the Professional Services Agreement between the Town o(Palm Beach and Kinn|ey-Horn and Associates, Inc,, dated February 9, 2009, which are incorporated by reference. As used in the Agreement, the 1enn "CONSULTANT^ shall refer toKinnley-Hornand Associates, 1oc., and the term "TOWN''or'`CUENT'' shall refer to The Town o[ Pa|mBeoob. U you concur in all the foregoing and wish to direct ueto proceed with the services, please notify us by providing a purchase order for the scope and fees described above. VVa appreciate the opportunity to propose these services toyou. Sincerely, K(KJLEY-HORN AND ASSOCIATES, INC. ~^ � By� KavinSohonen. P.E' Adam B Kerr, P.E. Vice President Project Manager ABK/ /C\kmP£LrPnO\052946*SK�2Q1/\0*@G/1 A/AFbnkin0-omc 0 TEL 5-61&4506H5 FAX 561 U38175 t7 six sta LUL'PV bUlj'��S PUC oo 60 0 VIVt(Ilk(k (W Io NOHN,1[J-11% mp Ib W,7, ----T i 10 IL t m, ZK Nt� IHAOWS) Ro_0 0�I j-I . ........... 0 0 SM:IMI,I t I)I --[-------------- -------------- ......................-- 777=77771 .. .................. —----------- ---------------- s 4 17 ---------- ----------------------------------------------- .......... My ,INN I ---------- �p t rltIWi I V h,I Ei Si i,f 7L I I SA )t%nlS 'PIHAAIMI�,4 HOA AfVKITl.,:1 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Regular Agenda - Old Business Agenda Title Mid-Town Restroom Alternative. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 29, 2011, from H. Paul Brazil, Director of Public Works. 115 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, P.E., Director of Public Works Re: Mid-Town Beach Public Restroom Feasibility Update Date: April 29, 2011 STAFF RECOMMENDATION Town staff recommends that Town Council consider the preliminary analysis prepared by Town staff and provide direction as to how to move forward. GENERAL INFORMATION Town Council has asked Town staff to make a preliminary analysis of installing restrooms at the Mid-Town beach. Two locations were considered. One, using all or a portion of the existing Ocean Rescue building located at Australian Avenue. The other location would be a new building located north of Royal Palm Way. The Ocean Rescue building offers the best location with respect to proximity to the existing guarded beach. Use of all, part, or constructing on top of the existing structure of the building were alternatives discussed. The finished floor of the existing building is approximately 4' below surrounding grade. In order to be ADA accessible, a ramp would need to be constructed in the north end of the building. This building has power, water, and plumbing. Due to the fact that it is recessed below street level, it also has it's own small lift station. This infrastructure is old and should be replaced considering the new, much higher demand that public facilities would experience. We are working with the Building Department to determine if we have building code limitations because of the elevation of the structure. Some concrete restoration work is anticipated. This alternative will potentially impact the Ocean Rescue staff. Chief Blouin has informed Public Works that the existing Ocean Rescue staff could operate in as little as one half of the existing structure. If the final design of the restrooms required more space than that, it would be necessary to provide storage (rescue equipment and medical supplies) and supervisor office space elsewhere. It is not possible to fully evaluate this impact until preliminary design work is completed. It may be possible to create both storage and administrative space at a nearby existing Town facility. If this project moves forward, Public Works will assist the impacted work groups in developing alternatives for relocation. On a very preliminary basis, modification of the existing structure would cost on the order of$250/ sf. (estimated at $180,000 to include construction, professional services and an allowance for unforseen circumstances), plus relocation costs for the existing Ocean Rescue function. 116 Additionally, a new building located north of Royal Palm Way was considered. This location is not as close to the guarded public beach as the existing Ocean Rescue building, although the area guarded could be adjusted. This location is not directly opposite an existing residential building, so the building will have minimal visual impact. We would anticipate a 12 foot by 35 foot building, also at $250/sf or $130,000, plus $50,000 for utility connections for a total estimated project cost of$180,000. This estimate is based on a recently completed project at Phipps Ocean Park where a prefabricated building was installed. Daily cleaning will be necessary. Based on our existing janitorial contract we anticipate requiring a budget of$8,000 to $10,000 per year. Lastly, security was raised as a possible concern and impacts either alternative. Chief Blouin and his staff provided the following information. The Mid-Town Beach area currently requires a significant and visible police presence. The addition of restrooms at Mid-Town Beach would not cause a need for additional resources. The Town's Police Department would closely monitor activity at Mid-Town restrooms just as it currently does at the Phipps Ocean Park and Kreusler Park restrooms. FUNDING/FISCAL IMPACT If Town Council elects to move forward with this project, staff would recommend an alternatives study that would cost between $5,000 and $10,000. With the order of magnitude estimates above, providing restrooms at Mid-Town beach would cost approximately$200,000. cc: Kirk Blouin, Police Chief and Acting Fire-Rescue Chief Eric Brown, P.E., Assistant Director of Public Works James M. Bowser, P.E., Town Engineer Doug Terry, Water Resources Division Manager 117 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Ibis Island Habitat Restoration Project Review TIME CERTAIN: 11:00 A.M. Presenter H. Paul Brazil, Director of Public Works Supporting Documents Memorandum dated April 29, 2011, from H. Paul Brazil, Director of Public Works. 118 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, P.E., Director of Public Works Re: Ibis Island Habitat Restoration Project Review Date: April 29, 2011 STAFF RECOMMENDATION Town staff recommends that Town Council hear a presentation by Palm Beach County Department of Environmental Resources Management (ERM) on the performance of the Ibis Island Habitat Restoration project. In addition, ERM staff will make a presentation on a proposed Grassy Flats environmental restoration project, the South Cove Natural Area and Everglades Island Artificial Reef. GENERAL INFORMATION The Town and County entered into an interlocal agreement in November 2002, and amended said agreement in April 2007 to cooperatively work on environmental restoration projects in the Lake Worth Lagoon. The Town owns spoil islands and properties in or adjacent to the Lake Worth Lagoon. Discussions between staffs establish potential projects in the Lagoon. The projects are located on or adjacent to said properties. The County then prepares a preliminary plan for review. Typically, this preliminary plan is then presented at a public meeting to get input from owners of property near the project. The project plans are then finalized and brought forward to Town Council for approval. The County then secures the permits, identifies funding sources, typically grants and County motor vessel licences, then bids and oversees construction of the projects. Town staff facilitates the process by acting as a liaison between the County and Town residents. At a March 22, 2011, a public meeting held by ERM to present a proposed environmental restoration project named Grassy Flats, (said project lying south of Ibis Island and west of the Town's Par 3 Golf Course), residents of Ibis Island expressed significant concerns about a previously completed environmental restoration project, Ibis Island Habitat Restoration. ERM staff have heard the concerns and have returned to the site to collect additional information. They will share their thoughts on the project performance at the May 10 Town Council meeting. ERM staff will also outline the proposed Grassy Flats Environmental Restoration project. The original plan presented at the public meeting has been amended in response to numerous comments on the project and these will be described at the meeting. 119 During the past year, the Town's attention to the Accelerated Capital Improvement Program and other priorities caused a delay in a resident-funded project to remove sediments from under the Ibis Island Bridge. After Town staff submitted the initial permit application, the South Florida Water Management District requested additional information. Town staff, with the assistance of ERM staff have completed assembling the requested information and submitted a response to SFWMD on April 29, 2011. A reply from this agency is expected within 30 days. We will continue to work diligently on this project until we obtain the permit and complete the dredging. At the request of Town Council, ERM staff will also provide updates on the South Cove Natural Area (north and west of the Royal Park Bridge) and the Everglades Island Artificial Reef(west and south of Everglades Island). cc: James Bowser, Town Engineer Rich Walesky, PB County ERM Dan Bates, PB County ERM Julie Bishop, PB County ERM 120 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Consideration of Worth Avenue Improvement Project Design Element Amendments as Recommended by the Worth Avenue Improvement Project Review Committee (Hybrid Committee).[Thomas G. Bradford, Deputy Town Manager] a. Review and Approval of Proposed Design Element Amendments. [Mark Marsh, AIA] b. Sunsetting of Worth Avenue Improvement Project Review Committee. Presenter Thomas G. Bradford, Deputy Town Manager Supporting Documents Memorandum from Thomas G. Bradford, Deputy Town Manager, dated April 29, 2011 121 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Thomas G. Bradford, Deputy Town Manager Re: Worth Avenue Improvement Project; Design Element Recommendations of the Worth Avenue Improvement Project Review Committee (Hybrid Committee) Date: April 29, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council approve the recommendations of the Worth Avenue Improvement Project Review Committee (Hybrid Committee) for improvements to be made for a second phase of work for the Worth Avenue Commercial District Improvement Project. All recommendations of the Hybrid Committee were unanimous with two exceptions, these being the Clock Tower and the fountains within the Hibiscus Plaza. Mark Marsh, AIA, will review the Hybrid Committee recommendations with you via a PowerPoint presentation. The issues associated with the Clock Tower and the fountains are explained below. Staff also recommends that if the work of the Hybrid Committee is complete, it would be appropriate to sunset this ad hoc committee. GENERAL INFORMATION As the original design elements for the Worth Avenue Commercial District Improvement Project were constructed between February 17, 2010 and mid-November, 2010 some concerns, mostly pertaining to adequacy, scale and appearance, were raised by property owners, merchants and others. In addition, there was concern expressed that several additional design elements should be considered to enhance the overall appearance of the commercial district. The Hybrid Committee was created for the purpose of streamlining the process of seeking ARCOM and Landmarks Preservation Commission approvals for such a large project. This year's version of the Hybrid Committee consisted of four members from the Landmarks Preservation Commission, three members from ARCOM, a property owner representative and a merchant representative. The plan was to follow the same path previously followed in the summer of 2009 for the approval of the original design elements, namely, creating a special committee to recommend the work to be done. Reestablishing the "Hybrid Committee" to review remaining design issues for the project was a recommendation of the Public Works Committee based on their meeting held on October 5, 2010 and approved by 122 the Town Council on October 12, 2010. The Town hired Mark Marsh, AIA with Bridges, Marsh&Associates to provide professional services that might arise from this process and to prepare and coordinate all preliminary design work that would be needed to enable the Hybrid Committee to review and recommend various options for project design elements. The 2011 Hybrid Committee met 3 times; once in February, March and April to review design element options. Proper notice was given for each meeting. The meetings were well attended by property owners, property owner representatives, merchants, merchant representatives and interested citizens. The design element recommendations of the 2011 Hybrid Committee for a proposed phase two of work to be undertaken this summer are as follows: WORTH AVENUE IMPROVEMENTS -PHASE II A. CLOCK TOWER: 1. Install in ground up lighting in sod area west of Tower 2. Change clock lighting to closer match "amber" light in arcade below. 3. Remove existing green island ficus and replace with silver saw palmetto in selective locations. B. ENTRY PIERS: 1. Install uplighting on east face in existing cut outs. C. 150 WORTH-PEDESTRIAN ENTRANCE: L Extend tabby sidewalk and install additional wood bench on east side to match west side of main pedestrian entrance. D. 204 WORTH(FERRAGAMO BLDG.) 1. Install potted clay pots (existing from Hibiscus fountain) with new Garcinia plantings. E. 205 WORTH(WORTH AVE. BLDG., also known as the Armour Building) 1. Remove section of tabby on east face(County Rd.) and install new mature bougainvillea extending up to stone facade. Provide irrigation as required. 2. Add clay pot in open corner at S.E. corner of building. F. HIBISCUS FOUNTAIN 1. Remove existing coquina paving and install sod per approved plan. 2. Elevate existing trees (4) to match new finished grade with sod. 3. Remove existing ceramic the (yellow) from back of curved bench and replace with Coquina to match seat. 4. Install curved wood pergola over bench with vines (Thunbergia) 5. Remove existing clay pots from centre fountain -replace with smaller clay pots 6. Replace existing flowering planting in half circle area at south end of plaza with yet to be determined plant material. 7. Install new coquina fountain bases (2) and reuse existing " lotus" marble fountains elevated on new pedestals. 123 G. WORTH--HIBISCUS CROSSWALK: 1. Review installing stop signs in lieu of"pedestrian crosswalk signs" at east crosswalk. H. 300 BLOCK: 1. Install existing Tx 2' tabby pavers in planting beds - south side only adjacent to curb. I. GENERAL: L Remove creeping ficus from trunks of coconut palms. 2. Install cigarette ashtrays similar to Butler Ash Receptacle by Forms and Surfaces Subut- MOW(Black Gloss) In addition to the recommendations of the Hybrid Committee additional work is required to complete Phase 1. This work entails portions of the tabby sidewalk, installing a UPS for the clocks in the clock tower, attaching the bougainvillea in the 100 block to the facades, a remaining FPL pole relocation associated with the underground utility work and electrical panel work to complete the required segregation of streetlight service from other electrical services for the most economical electric rates for street lighting. These items were held in abeyance so as not to interfere with the 2010/2011 season. ONGOING CONCERNS The issue with the Clock Tower is that it is felt that its current light color often blends into the background and as such does not serve the purpose of clearly identifying for the public the entrance way to Worth Avenue. In addition to the items recommended by the Hybrid Committee listed above for the Clock Tower, Mr. Marsh prepared numerous alternatives to address this concern including copper cladding for the Clock Tower dome. These were rejected. Relocating the two coconut palms, those immediately adjacent to the Clock Tower was also discussed. Only one member of the Hybrid Committee felt strongly about the issue of the clock tower. In regard to the Hibiscus Plaza fountains, the Hybrid Committee voted 4-3 to keep the status quo. The primary concerns expressed by property owners and merchants were that the existing fountains do not adequately attract people to them as a resting place since the design provides for no seating around the fountains as is done with the reflecting pool and the existing marble fountains are inadequate relative to the water feature. Mr. Marsh presented three alternatives to the status quo, one of which was submitted to him by a property owner and supported by the property owners and merchants. The two alternatives prepared by Mr. Marsh incorporated all of the elements within the submittal by the property owner except that each kept the existing marble fountains as the centerpiece. From the property owner and merchant perspective, if the marble fountains are lacking when they stand alone, they are lacking as a centerpiece to an alternative. The alternative submitted by the property owner provided a seating element around the edges of the base of the fountain, but introduced a stone like material to the Hibiscus Plaza which primarily consists of cut coquina. The Hybrid Committee did select a preference (the one with scalloped edges) between the two alternate designs submitted by Mr. Marsh and this was the option supported by the minority in the 4-3 vote to keep the status quo. 124 I refer to each of these issues as ongoing concerns because the Worth Avenue Restoration Association, a contingent of the majority property owners that were instrumental in initiating the original project, sent a letter to me following the last Hybrid Committee meeting indicating that in light of the outcome they requested that no additional funds be expended and that all left over funds be used to retire outstanding debt. Since we have work to do to complete Phase I we cannot honor their request to not spend additional funds and it is therefore premature to proceed to retiring debt. Nevertheless, staff does not desire to end this project on a sour note. If a compromise can be found it would provide for better relations with those persons and entities that are footing the cost of this entire project. CONCLUSION OF THE HYBRID COMMITTEE'S WORK If the Town Council concludes that the work of this ad hoc committee is complete the Town Council should officially sunset the committee for the record. FUNDING/FISCAL IMPACT The direct fiscal impacts to the Town will be the cost of any approved design element additions or amendments. However, these costs will be paid for with remaining funds in the Worth Avenue Improvement Project account funded by the 2010 Series B bond issue, the debt service for which is paid for 100% by non-ad valorem assessments levied against those benefiting properties. The Town will incur indirect costs of staff time devoted to administering the approved work to be done, but such costs are covered by the adopted current fiscal year budget. cc: H. Paul Brazil, Director of Public Works Jane Struder, Director of Finance John S. Page, Director of Planning, Zoning and Building Eric Brown, Assistant Director of Public Works Sherry Frankel, President Worth Avenue Association Robin Miller, Administrator, Worth Avenue Association Jane Rankin, Esq., Worth Avenue Restoration Association N:TGB/Agenda Items/2011/Worth Avenue Improvement Project;Design Element Recommendations of the Worth Avenue Improvement Project Review Committee(Hybrid Committee)051011TCM 125 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Offer to Purchase 110 Angler Avenue. Presenter John C. Randolph, Town Attorney Supporting Documents • Memorandum dated May 4, 2011, from John Randolph • Option Agreement • Memorandum dated December 3, 2010, from John Randolph • E-Mail dated May 4, 2011, from John Randolph • Agreement for Purchase and Sale 126 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: John C. Randolph, Town Attorney Re: Offer to Purchase 110 Angler Avenue Date: May 4, 2011 STAFF RECOMMENDATION The Town Attorney recommends that the Town Council approve the attached Option Agreement and authorize it execution subject to the Mayor and Town Council being in agreement with its terms. GENERAL INFORMATION The Town obtained title to the property at 110 Angler Avenue pursuant to the foreclosure of a Code Enforcement Board lien. The Town does not presently have clear title to the property making it difficult to market the property for sale. The details regarding this matter were set forth in a memo to the Mayor and Town Council dated December 3, 2010, copy attached. On January 4, 2011, Maura Ziska, on behalf of her clients, proposed terms which she said would be acceptable to her clients. Pursuant to the Council's direction, we have negotiated an Option Agreement with Maura Ziska's clients, J. Michael Chu and Elizabeth K. Chu. A copy of the Option Agreement is attached. In summary, this Option Agreement provides that the Chus will pay the Town an option fee of $210,000.00, which amount is nonrefundable and which represents the amount of the Town's code enforcement liens plus $50,00.00 in attorney's fees to allow the Town to proceed with a quiet title action. The purchase price under the Option Agreement is $925,000.00. The Agreement contemplates the Town quieting title in the property by filing a suit to quiet title on or before September 28, 2011 and, upon quieting title, conveying the property to the Chus. Any fees over and above the $50,000.00 initially paid by the Chus shall be reimbursed by the Chus to the Town. The Chus shall receive a credit against the $925,000.00 purchase price for the option fee and additional attorney's fees. In the event the Town is not successful in its quiet title action, the option shall not be exercised and the Town shall keep the initial $210,000.00 option fee, plus any additional attorney's fees paid. The Agreement contains a provision which gives the Town the right to settle the quiet title action, in which case the terms of the settlement between the Town and the Chus are spelled out. 127 As you can see, this Agreement is fairly complicated but we believe it provides the Town the opportunity to recover the costs of its lien, as well as to obtain the proceeds of sale in the event it is successful in quieting title. Others have expressed an interest in this property, but none have been willing to pay off the Town's lien and its attorney's fees in a nonrefundable manner as have the Chus. We believe, therefore , this Option Agreement is favorable to the Town. ATTACHMENTS Memo to Mayor and Town Council dated December 3, 2010 Option Agreement p:\docs\13156\00008\mem\1ap8799.doe 128 OPTION AGREEMENT THIS OPTION AGREEMENT (this "Agreement"), made this day of 2011, by and between The Town of Palm Beach, a Florida municipal corporation (hereinafter referred to as "O ty ionor") and J. Michael Chu and Elizabeth K Chu, husband and wife (hereinafter referred to as "Optionee"). WITNESSETH: WHEREAS, Optionor is the record title owner of that certain real property located in Palm Beach County, Florida, more particularly described in Schedule 1 attached hereto and incorporated herein (the "Property"), having acquired the Property pursuant to a Certificate of Title issued by the Clerk of the Circuit Court of Palm Beach County, Florida on October 20, 2010 and recorded in Official Record Book 24150, Page 0477, of the Public Records of Palm Beach County, Florida; and; WHEREAS, Optionor has agreed to grant to Optionee the right and option to purchase the Property from Optionor, subject to the terms and conditions hereinafter set forth; and NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Optionor does hereby grant to Optionee the right and option to purchase the Property from Optionor, in accordance with the terms and conditions set forth herein (hereinafter the EFOption"). [' ARTICLE 1 TERMS OF THE OPTION 11 Term of Option. The term of this Option shall commence upon the execution of this Agreement by Optionor and Optionee (the "Effective Date") and shall expire on the earlier of 15 days after Optionor delivers to Optionee the "Clean Title Commitment" (as hereinafter defined) or two (2) years after the Effective Date (the "Option Period"), as the Option Period may be extended by Optionee as provided in Section 23 hereof. 1.2 Consideration for the Option. 1-2 1 Simultaneous with the mutual execution of this Agreement, Optionee shall pay to Optionor, as partial consideration for the grant of this Option, an option fee (the "Initial Option Fee") in the amount of Two Hundred Ten Thousand Dollars ($210,000 00), receipt of which is acknowledged, Optionee may be required to pay the Additional Option Fees (as hereinafter defined in Section 2.5). The Initial 129 Option Fee and the Additional Option Fees are collectively defined as the "Option Fees The failure of Optionee to pay any of the Option Fees within the time required by this Agreement shall cause the Option to terminate and Optionee's right to purchase the Property shall likewise terminate and be null and void All Option Fees paid are non-- refundable. 1.3 Exercise of Option. 1.3.1 Optionee shall exclusively exercise the Option by delivering written notice to Optionor advising that Optionee is exercising the Option (the "Option Notice"). The Option Notice must be delivered to Optionor no later than the expiration of the Option Period, as the Option Period may extended as provided herein- 1.3.2 Failure of Optionee for any reason whatsoever to pay any of the Option Fees or to properly and timely exercise its Option shall conclusively be deemed a waiver by Optionee of its right to exercise its Option. Upon the exercise of this Option, which exercise is conditioned on and subject to Optionee`s receipt of the Clean Title Commitment (as hereinafter defined), the Optionor agrees to sell and convey to Optionee, and Optionee agrees to purchase, the Property under the terms of this Agreement. ARTICLE 2 TERMS OF CONVEYANCE Purchase Price. The purchase price ("Purchase Price") for Optionor's conveyance of the Property to Optionee shall be: $925,000.00. Optionee shall receive a credit at closing for the amount of the Option Fees previously paid. The Purchase Price shall be paid to Jones, Foster, Johnston & Stubbs, P A., by wire transfer of immediately available funds, as agents for the Title Company (as hereinafter defined) and the Property shall be conveyed by customary municipal deed to Optionor as provided herein. 2.1 Closing Date. The closing of the conveyance of the Property to Optionee (the "Closing") shall occur on the date (the "Closing Date"), which shall be fifteen (15) days after the date of the Option Notice. The Closing shall occur at 11.00 a.m. on the Closing Date, at the offices of Jones, Foster, Johnston & Stubbs, PA. in West Palm Beach, Florida„ 2.2 Evidence of Title. Optionor has disclosed to Optionee that the following mortgages: (a) mortgage recorded in Official Record Book 19731, Page 1207, in the Public Records of Palm Beach County, Florida in the original principal amount of $1,446,250..00 in favor of Mortgage Electronic Registration Systems, Inc., as Nominee for Countrywide Bank, N,A,, as assigned to Countrywide Bank, FSB by Assignment of Mortgage recorded in Official Record Book 22860, Page 0694, in the Public Records of Palm Beach County, Florida (the "First Mortgage") and (b) mortgage (Line of Credit) recorded in Official Record Book 19731, Page 1267 in the Public Records of Palm 2 130 Beach County, Florida in favor of Mortgage Electronic Registration Systems, Inc , as Nominee for Countrywide Bank, N.A. in the original principal amount of $556,250,00 (the "Second Mortgage") (collectively the "Mortgages") appear of record in the Public Records of Palm Beach County, Florida and purport to encumber the Property The First Mortgage is the subject of a foreclosure action filed by Countrywide Bank, FSB, which has filed a Lis Pendens on the Property. Optionor agrees to use commercially reasonable efforts to obtain a title insurance commitment from a title insurance company authorized to do business in the State of Florida (the "Title Company") in an amount equal to the purchase price, without exception for the Mortgages, the above-referenced Lis Pendens, the mortgage foreclosure action referenced above, or any other exceptions except for the matters shown on Schedule 2, the "Permitted Title Exceptions", which title commitment is defined as the "Clean Title Commitment The Permitted Exceptions shall also include taxes and assessments for the year of closing if not yet due and payable, and any subsequent matters occurring after the Effective Date of this Agreement that do not materially affect the value of the Property for residential purposes. Optionor's commercially reasonable efforts shall include (a) the filing of a lawsuit against the holders of the Mortgages, or (b) filing appropriate counterclaims or affirmative defenses in response to any action filed by the holders of the Mortgages against Optionor, seeking to quiet title to the Property in favor of Optionor (the "Quiet Title Action"). Optionor agrees to file the Quiet Title Action on or before September 28, 2011 and to diligently prosecute the Quiet Title Action to its conclusion Optionor shall cause copies of all pleadings filed in the Quiet Title Action to be forwarded to Optionee's Counsel (as hereinafter defined). In the event Optionor prevails in the Quiet Title Action, with no representation or prediction as to the likelihood of prevailing in the Quiet Title Action, Optionor shall deliver the Clean Title Commitment to Optionee within 15 days upon the rendering of a final non-appealable judgment in favor of Optionor, including the running of all times for appeals and motions for rehearing, 2.3 Extension of Option Period. Provided Optionee has fully complied with all of its obligations under this Agreement, in the event the Clean Title Commitment is not delivered to Optionee within 15 days prior to the end of the Option Period, Optionee may extend the Option Period for an additional year by giving Optionor written notice on or before two years after the Effective Date of this Agreement that Optionee extends the Option Period for an additional year. 2A jqt t_to Settle. Optionor reserves the right to settle its title dispute with Lender regarding the Property at any time, including before or after the commencement of the Quiet Title Action, upon terms and conditions satisfactory to Optionor in its sole discretion without any approval of Optionee, provided however, Optionor agrees that it will not voluntarily settle its title dispute with the Lender and will continue to prosecute the Quiet Title Action unless it receives settlement proceeds from the Lender equal or greater than the Option Fees theretofore paid by Optionee (the "Settlement Proceeds"). After receipt of the Settlement Proceeds, Optionor shall pay to Optionee from the Settlement Proceeds an amount equal to the Option Fees previously paid by Optionee 3 131 to Optionor and twenty-five percent (25%) of any amounts in excess of the Option Fees paid by Optionee and received by Optionor, or in the case of the Additional Option Fees for Optionor's attorney's fees and costs, such attorney's fees and costs as have been incurred by Optionor and not paid by Optionee. Upon payment of the portion of the Settlement Proceeds to Optionee, this Agreement shall automatically terminate as well all of Optionee's rights hereunder, 2.5 Additional Option Fees. $55,000.00 of the Initial Option Fee shall be utilized by Optionor for legal fees and costs incurred in connection with its dispute with the Lender, including the fees and expenses of the Quiet Title Action, any and all appeals and rehearings of same, and any settlement or settlement negotiations (the "Legal Costs"). In the event $50,000,00 of the Initial Option Fee is fully expended for Legal Costs, Optionor shall render Optionee written notice on a monthly basis of the amount of the Legal Costs incurred for the previous month (the "Monthly Statement").. Optionee acknowledges that the details of such Monthly Statements are privileged communications between the Optionor and its attorneys, and therefore only the amount due from Optionee shall be shown on the Monthly Statement, each of which Monthly Statements shall constitute Additional Option Fees to be paid by Optionee. In order to prevent this Option from terminating, Optionee shall pay to Optionor within twenty (20) days after receipt of the Monthly Statement, the amounts specified in the Monthly Statement, The failure of Optionee to pay the Additional Option Fees set forth in the Monthly Statements, within the time herein specified, shall constitute a termination of the Option and Optionee shall have waived its right to exercise the Option and this Agreement shall be immediately terminated.. 2.6 As_ s -_Where Is. Optionor disclaims the making of any representations or warranties, express or implied, regarding the Property or matters affecting the Property, including but not limited to its physical condition, the boundaries of the Property, soil condition, compliance with building, health, safety, land use, and zoning laws, regulations and orders, the ability to develop the Property for any purpose, and all other information pertaining to the Property. Optionee, moreover, acknowledges that Optionee is not relying upon any statements, representations, or warranties made by Optionor or anyone acting or claiming to act on Optionor's behalf concerning the Property. Optionee's acceptance of the Deed shall constitute a discharge of all of the obligations of Optionor to Optionee in this Agreement. Optionee shall, upon its exercise of the Option, purchase the Property in its "AS-IS, WHERE-IS" condition as of Closing, and Optionee expressly acknowledges that, in consideration of the agreements of Optionor herein, and except as otherwise expressly specified herein, OPTIONOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO CONDITION, ZONING, AVAILABILITY OF ACCESS, AVAILABILITY OF UTILITIES AND GOVERNMENTAL APPROVALS, HABITABILITY, MERCHANTABILIY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, 2.7 Conveyance of Title. Optionor shall convey or cause to be conveyed at Closing fee simple title to the Property to Optionee by customary municipal deed (the 4 132 "Deed"), subject only to the Permitted Exceptions.. In addition to the Deed, at Closing, Optionor and Optionee shall execute and deliver to the other. (i) a standard title affidavit sufficient for the title company to insure the "Gap," and delete the standard exceptions for mechanics liens, and parties in possession, and (ii) an affidavit stating that Optionor is not a "foreign person" within the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1986, If Optionee obtains a survey, the survey exception and unrecorded easements and claims of easements reflected on the Clean Title Commitment shall be deleted and replaced by the matters shown on Optionee's survey. 2..8 Expenses of Closing. Optionor shall pay the documentary stamp tax required in connection with the Deed, the title insurance premium for the owner's policy of title insurance and all title search fees in connection with the Clean Title Commitment on the Properly. Optionee shall pay the cost of recording the Deed. 2.9 Prorations. 2.9.1 Property Taxes. Real Estate taxes and assessments shall be prorated based on the then current year's taxes for the year in which Closing occurs, if known, and if not known, based on the previous year's taxes and assessments utilizing the maximum discount. The real estate taxes and assessments prorations shall be final and shall not be reprorated, 2.10 Brokerage Commission. Optionor and Optionee each represent and warrant to the other that it has dealt with no real estate broker, agent or finder in connection with this transaction. Optionor and Optionee hereby agree to indemnify, defend and save each other harmless from the claims and demands of any real estate broker, agent or finder who claims to have dealt with the indemnifying party. The terms of this Section 2.9 shall survive the Closing of the Property. 2 11 Demolition. If prior to the Closing Date, Optionor, in its sole discretion, elects to demolish the improvements located on the Property, this Agreement and the Option shall be unaffected. Optionor, if it exercises the Option, shall so do so without an abatement or adjustment to the purchase price and Optionee agrees that it is entering into this Option on the basis of the value of the land without the improvements located thereon and consents to the improvements located on the Property being demolished by Optionor. ARTICLE 3 GENERAL PROVISIONS 3.1 Notices. All notices or other required communications shall be in writing and shall be deemed duly given when delivered in person (with receipt therefor), or when sent by Federal Express or another overnight courier or when sent by certified or registered mail, return receipt requested, postage prepaid, or by telephone facsimile, receipt acknowledged to the following addresses: Optionor: The Town of Palm Beach 5 133 Post Office Box 2029 360 South County Road Palm Beach, FL 33480 Attn: Peter B. Elwell, Town Manager Facsimile No : (561) 838-5411 With a Copy To. Jones, Foster, Johnston & Stubbs, P.A.. 505 South Flagler Drive Suite 1100 West Palm Beach, Florida 33401 Attn_ John C. Randolph, Esq. Facsimile: (561) 650-0465 Optionee: J Michael Chu and Elizabeth K. Chu 1340 North Ocean Boulevard Palm Beach, FL 33480 Facsimile No With a Copy To Optionee's Counsel Kochman & Ziska PLC 222 Lakeview Avenue Suite 1500 West Palm Beach, Florida 33401 Attn. Maura Ziska, Esq. Facsimile: (561) 802-8995 Either party may change its address for the giving of notices by notice given in accordance with this Section. 3.2 Default. 3,21 In the event that Optionee breaches this Agreement, which breach is not cured within five (5) days after written notice to Optionee, other than failure to make monetary payments as required, for which there shall be no cure period, Optionor shall, as its sole and exclusive remedy, have the right to terminate this Agreement and to retain all sums previously paid to Optionor by Optionee hereunder, as its sole and exclusive remedy and thereupon the Optionor and Optionee shall be released from all obligations and liabilities to each other arising out of this Agreement. Optionee, in its sole discretion, may cancel this Agreement at any time by written notice to Optionor provided however such cancellation shall not entitle Optionee to a refund of any Option Fees paid, all of which are non-refundable. 32.2 In the event that Optionor fails to perform any of the covenants or agreements, Optionee shall have the right to specific performance of this Agreement or, at Optionee's election, all sums paid by Optionee hereunder shall be returned, thereby 6 134 waiving Optionee's rights for damages; provided however, Optionee acknowledges and agrees that Optionor's failure to obtain a Clean Title Commitment within the Option Period shall not be a breach of this Agreement and shall not entitle Optionor to any rights of specific performance, a refund of any Option Fees paid or any other damages. 33 Third Parties. Nothing contained in this Agreement, whether express or implied, is intended to or shall confer any rights, benefits or remedies upon any persons other than the Optionor and Optionee 3A Construction. Wherever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The parties hereby agree that each have played an equal part in the negotiations and drafting of this Agreement, and in the event any ambiguity shall be realized in the construction or interpretation of this Agreement, the result of those ambiguities shall be equally assumed and realized by each of the parties to this Agreement. 3.5 Binding Effect; Assignment. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. Optionee may not assign this Agreement, and its rights hereunder, without the prior written consent of the Optionor, which may be withheld in Optionor's sole discretion. 3.6 Merge r. This Agreement set forth the entire understanding among the parties with respect to the subject matter hereof. This Agreement may not be amended, modified or terminated, except by written instrument executed by all parties hereto 33 Headings. The captions, article numbers, section numbers and paragraph headings are inserted herein only as a matter of convenience, and in no way are intended to define, limit, construe or describe the scope or intent of such articles, sections or paragraphs of this Agreement, nor in any way affect this Agreement. 3.8 Governing Law. This Agreement shall be governed and interpreted under the laws of the State of Florida. The parties agree that venue of any action or proceeding regarding this Agreement shall be in Palm Beach County, Florida.. 3.9 Time is of the Essence. Time shall be of the essence with respect to each provision of this Agreement that requires action to be taken by either party within a stated period of time, or upon a specified date, including but not limited to the payment of any Option Fees. If the time period by which any right, option or election provided under this Agreement must be exercised, or by which any act required under this Agreement must be performed, or by which Closing must be held, expires on a 7 135 Saturday, Sunday or a holiday, then such time period shall be automatically extended to the next business day. 3.10 Facsimile Electronic Copy And Counterparts This Agreement maybe executed and delivered in any number of counterparts, each of which, when so executed and delivered, shall be and constitute an original and one and the same document. A facsimile or electronic copy of this Agreement and any signatures hereon shall be considered for all purposes as originals. 3.11 No Recordation. This Agreement is not recordable and neither this Agreement nor any memorandum of this Agreement shall be recorded by Optionee in the public records of any county in Florida The recording by Optionee of this Agreement shall constitute a material breach hereof by Optionee, and shall automatically terminate Optionee's rights under this Agreement.. 3.12 Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risk to persons who are exposed to it over time. Levels of radon that exceed Federal and State Guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [Note. This Section is provided for informational purposes ] [SIGNATURE PAGES TO FOLLOW] s 136 IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day and year first written above. Signed, sealed and delivered in the presence of: "OPTIONOR THE TOWN OF PALM BEACH, a Florida municipal corporation Print Name: By; Print Name. Title: Print Name. 9 137 "OPTIONEE": Print Name.Mj i,- hel Chu Print Name: f, Print Name- 9 1 j\-f (,-% riiza&h K 'Chu Print P:kDOr-S113156100DO81)OC\lAODB95 DOG 10 138 SCHEDULE 1 LEGAL DESCRIPTION OF THE PROPERTY That part of Lot 8, Ocean Terrace, according to the map or plat thereof as recorded in Plat Book 20, Page 64, Public Records of Palm Beach County, Florida, described as follows. Beginning at the Southwest corner of said Lot 8, run thence Easterly along the South line of Lot 8, a distance of 91 .10 feet to a point in said line; run thence Northerly at an angle of 81° 05` 40" to the preceding course, said angle being measured from West to North to a point in the North line of Lot 8, run thence Westerly along the North line of Lot 8, around the Northwest corner of said Lot 8, and thence Southerly along the West line of said Lot 8 to the Point of Beginning.. Together with a non-exclusive easement running with the land over, across and upon the tract of land described and bounded as follows: Bounded on the North by the Easterly projection of the South line of Angler Avenue, on the South by a line parallel to and 63.,77 feet South of (measured at right angles) to the Easterly projection of the South line of Angler Avenue, on the West by Ocean Boulevard and on the East by the Atlantic Ocean_ The Subject Property has a street address of 110 Angler Avenue, Palm Beach, Florida 33480.. Parcel Control Number: 50-43-4303-03-000-0082 139 SCHEDULE 2 PERMITTED EXCEPTIONS 1 The lien of all taxes for the year in which Closing occurs and thereafter, which are not yet due and payable. 2. Matters as shown on the Plat of Ocean Terrace, as recorded in Plat Book 20, Page 64, Public Records of Palm Beach County, Florida. 1 Easements as granted and reserved in that certain Deed recorded in Deed Book 957, Page 395, Public Records of Palm Beach County, Florida_ 4. The rights of Ocean Terrace Beach Club, Inc , and Palm Beach County as to the easement insured hereby, 5, Ocean Terrace Beach Club, Inc., By-caws, Rules and Regulations recorded in O,R Book 9506, Page 633, and in O.R. Book 9761, Page 1237, Public Records of Palm Beach County, Florida.. 6 Riparian and/or littoral rights are not insured. 7. The right, title or interest, if any, of the public to use a public beach or recreation area or any part of the land described in Schedule A hereof, lying between the water abutting said land and the most inland of any of the following: (a) the natural line of vegetations (b) the most extreme high water mark; (c) the bulkhead line; or (d) any other line which has been or which hereafter may be legally established as relating to such public use. 8. This Policy does not insure title to any part of the land lying below the mean high water line of any abutting body of water. PAD00511315M00081DOC11AP2513 DOC 140 TOWN OF PALM BEACH Information for Towle Council Meeting on: December 14, 2010 To: Mayor and Town Council Via: Peter B Elwell, Town Manager Fiom: John C Randolph,Town Attorney Re: Town of Palm Beach vs Steven.1. Macari Case No 50 .2009 CA 023652 .XXXX MB AD 110 Angler Avenue Date: December 3,2010 STAFF RECOMMENDATION Staff requests that the Mayor and Town Council give consideration to the offers to purchase relating to the above referenced property which was received by tire Town by virtue of a foreclosure action resulting in a Certificate of Title being issued to the Town.. GENERAL INFORMATION As previously advised, the Town prevailed in regard to a foreclosure on a code enforcement lien relating to the property located 110 Angler Avenue in the Town of Palm Beach., See Exhibit "A" attached As a result, the Town was issued a Certificate of Title on October 20, 2010, E=xhibit "B" Subsequently, the Town has received two separate offers to purchase the property for $900,000 00. Copies of the contracts are attached as Composite Exhibit "C" The offers, in order to be valid, require acceptance by December 17, 2010 and December 16, 2010, respectively hi order to allow the Town to give further consideration to this platter, we ordered an appraisal of the property. A copy of the appraisal is attached (Exhibit "D"), ascribing an appraised value to the property of $885,000.00 Based on the appraisal, the offers appear to be reasonable. The offers, however, are based upon the Town being able to provide marketable record title. We have checked with various title companies and find that they will not insure title to this property under the circumstances The circumstances are that there is another foreclosure pending relating to this property which was filed by Countrywide Bank relating to the ba€tk's mortgage in the amount of$1,446 250.00. There is also a line of credit mortgage against the property by Mortgage Electronic Registration Systems as nominee for Countrywide Bank in the amount of$556,250.00 not addressed in the complaint for foreclosure. As you will note from our foreclosure complaint both Countrywide Bank and Mortgage Electronic Registration Systems, as well as Macari, were named as defendants in the Town's foreclosure 141 action.. None of these parties responded to the complaint. Therefore, the Town received a Final Judgment of Foreclosure oil July 13, 2010, copy attached. Because we cannot provide marketable record title to the property, the Town is 11ot ill a position to execute either contract There are several options available to the Town. The title companies suggest that they could provide clear title if the Town were to file a quiet title action and prevail. This action could take place by way of intervention in the pending foreclosure action or by way of a stand alone lawsuit. There would be obvious fees and costs attached to this alternative which could be substantial and the outcome of such a suit is unknown. Rather than file suit, perhaps a better alterative is to authorize us to negotiate with the prior lien holders to see what they would be willing to offer the Town ill exchange for the Town divesting itself of its interest in this property and setting aside the Final .ludgrl7ent of TorecloSUre. Another alternative is to not take any action at this time and simply wait for Countrywide, now known as Bank of America, to came to the Town in regard to this matter. In addition to the $25,16.3.37 referenced in the Final Judgment of Foreclosure, an additional lien was imposed on this property whela the owner was brought back before code enforcement as a repeat offender That fine ran from January 22, 2010 at $500 00 a day to the date the Town received the Certificate of Title and has increased to a total amount of $1.36,150 00 Therefore, the Town's total lien against this property is $161,313 37.. We would request the advice of the Town Council as to how it wishes to proceed in regard to this matter. ATTACHMENTS Exhibit "A" - Final Judgment of Foreclosure, dated July 13, 2010 Exhibit"B" - Certificate of Title, dated October 20,2010 Exhibit "C- 1" - Contract for Sale and Purchase from J Michael Chu Exhibit"C—2"—Contract for Sale and Purchase from Barry Moss Exhibit"D" - Appraisal prepared by Anderson &Can-, Inc , dated November 15, 2010 P:WC5113156100312=0I9N32 08 DOC 142 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL.CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA S CASE NO.: g020pgC'A023652XXXXMB AB ITR}Ai'FOF PALM BEACH,a municipal corsnrtffan of the State of Florida, F'lair�ti€F, I�1 M �' STEPHEN J.�M>�CARI,an Individual, MORTGAGE TRC3NIC REGISTRATION cl SYSTEMS,INC:s, ]eiaware corporation,acting nc": r' solely as nomine off'CAUNTRYWIDE BANK, C�' NA-,and BANK OF+, ERICA,NA fBfJa n Countrywide �- �n `tom`•`"^ c3ti�� 3 Defendants.,,,};�� y^E�3 FINX1,;JUDGNlENT OF FORECLOSURE f -T THIS CASE was conslr�iqred by the Court on July 13, 2010 on Plaintiff's Motion for Entry of Final Judgment of Fbmiglosure by Reason of Default or alternatively, for Summary Judgment, and the Cori 94,ing reviewed the Affidavits filed by Plaintiff in support of the Motion,ii is: HEREBY ORDERED AND ADJUDGED that: 1. plaintiff,TOWN OF PALM BEACH,CIO,lanes, Foster, Johnston&Stubbs, P-A., P b. Box 3475,West Palm Beach, Florida 33402.3475 is due: Principal $17,150.00 interest to date of this judgment $2,609.77 Attorney's fees: $4,81 B.00 Court costs,now taxed _._ `.. - Zo TOTAL $25,16137 CFN 20100266311, OR BK 23962 PG 1197,RECORDED 07/22/201 D 10.30.45 Sharon R. Bocl(,CLERK & COMPTROLLER, Palm Beach County, NUM EXHIBIT s that shall bear interest at the rate of six percent(6%) per annum until paid ("Total Sum Due'). �j Plaintiff holds a code enforcement Gen for the Total Sum Due superior to all'b4m% or estates of Defendants herein on the following described property in Palm Beacltounty, Florida(hereinafter referred to as the"Subject Prope€ )-. 'That part of Lot B, ocean Terrace, according to the map or at thereof as recorded in Plat Book 20, Page 64, Public ,cords of Palm Beach County, Florida, described as Beg�- ing at the Southwest comer of said Lot 8, run thence Easl,r _ long the South line of Lot 8, a distance of 91,10 feet WA,Dint in said line; run thence Northerly at an angle of B'1° -Ao" to the preceding course;, said angle being measured-M.T West to North to a point in the North line of Lot B, runC.1 pim Westerly along the North tine of Lot 8, around the o@lwest corner of said Lot 8, and thence Southerly alDhV-,,,,a West line of said Lot 8 to the Point of Beginning. '— 'Together with a!�n_exclusive easement running with the land over, across fid`.3uron the tract of land described and bounded as follows: r, Bounded on the No kylh.S Easterly projection of the South line of Angler Avenue, .the South by a line parallel to and 63.77 feet South of (measured at right angles) to the Easterly projection of the South line of Angler Avenue; on the West by Ocean Boulevard and on the East by the Atlantic Ocean. The Subject property has a street address of 11D Angler Avenue, Palm Beach, Florida 33480, Parcel Control Number:50-43-43,D3-03°OOMD82 3. If the Total Sum Due with interest at the rate described in paragraph 1, and all costs accrued subsequent to this Judgment are not paid, the Cleric of this court shat) sell the Subject Property, at public sale on the day of _.lam Ala 2010, to the highest bidder for cash, in accordance with Section 45.031, Florida 2 c1117100NC211 cant Viet r+r.0 I I"i 0 5 144 Statutes, by electronic sale beginning at 10:00 a.m on the prescribed date at uvuvuy myt�almbeachcfertc.clerlmuction.Gom, 7he foreclosure sale can be canceled by der. 4c' Plaintiff shall advance all subsequent costs of this action and shall be N .• reimbi7'rsed,for them by the Clerk N Plaintiff is not the purchaser of the Subject Property i for sale,` raided, however, that the purchaser of the property for sale shall be responsible f, "the documentary stamps payable on the Certificate of'Titte. If Plaintiff"is the purchaser,ige�-qlerk shall credit PlainthTs bid with the Total Sum Due with interest and costs accruing�ubsequent to this judgment, or such part of it as is necessary to pay the bid in full, (-O�: 5_ On filing 4,`��'�,%rglcate of Title, the Cleric shall distribute the proceeds of the sale, so far ?s they ar i;;�U €icient by paying: first, all of Plaintiff's costs; second, documentary stamps affixed t�lthe Certificate; third, Plaintiffs attorneys'fees; fourth,the Q4-P Tots! Sum Due to Plaintiff less ms p aid, plus Interest at the rate prescribed in paragraph 1 from this date to this of the sale; and by retaining any remaining amount pending the further order of this court.. 8. On filing the Certificate of Sale,Defendants and all other persons claiming under or against Defendants since the filing of the Notice of Lis Pendens, shall be foreclosed of all estate or claim In the Subject Property, except as to claims or rights under Chapter 718 or Chapter 720, Florida Statutes, if any. Upon the filing of the Certificate of `fide, the person named on the Certificate of 'Title shall he let into possession of the Subject Property. 7. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, writs of possession and a deficiency judgment against 3 Cfitntmicow pm,7-7 PFGF I IFi,]GFp 145 Defendant, STEPHEN J. MAGARI, with regard to any portion of the Total Sum Due unpaid following the foreclosure sale ordered herein. � 6 The last known address for Defendant,STEPHEN J. i1ACARE, is 149 Fern Strbe er, FL 33458. The last known address for Defendant, MORTGAGE ELECTRONIC REGISTRATIQN SYSTEMS, INC., c/o Registered Agent; Electronic Data Systems, LLG, 3309 wf k&'Avenue,Suite 101, Ocala,FL 34474 � 10. TIC ti jgst known address for Defendant, BANK OF AMERICA, NA ffkta 0Q ) 1 � COUNTRYWIDE bANs FSB, c/o Registered Agent CT Corporation, 1200 S. Pine WR Island Road,Suite 2 �antation,FL 33324. O. 11. Pursuant t 36o Ida Statute §45.031(1) (21)07) Notice is provided by this Judgment that: IF THE SUBJECT PR PE IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED C�1�}11 BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINA�;lLJpGMENT. G i�%7r IF YOU ARE A SUBORDIA" LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL'TO FILE A CLAIM,YOU VALL NOT BE ENTITLED TO ANY REMAINING FUNDS. IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA,WITHIN TEN {10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDI'T'IONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALI. PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, 4 txhi 7¢107(c0711 AGOC}]:Ik o1GQ£:¢1 Q7 146 PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND 'lll1HAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSF ERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ,'ATTORNEY, YOU MAY CONTACT LEGAL AID SOCIETY OF PALM BEACH . .CDUNTY AT (569) 655-8944 TO SEE IF YOU QUALIFY FINANCIALLY FOR JTHEIR SERVICES. IF THEY CANNOT ASSIST YOU,THEY MAY BE ABLE TO �REf ER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER DLZJ' ONS. IF YOU CHOOSE TO CONTACT LEGAL. AID SOCIETY OF PALM BtACp COUNTY FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSE PLE AFTER RECEIPT OF THIS NOTICE. ORDEREI nd ADJUDGED in Palm Beach County, Florida this day of '20% —Circuit Court Judge Copies furnished Allen R.Tomlinson, �qyi' ;`Jones, Foster,Johnston &Stubbs, P.A., P.O. Box 3475, West Palm Beach, Ffgnda 33 I32-3475 (%t) Ic .1.a Stephen J.Macarl, 149 Fern ireeI,Jupiter; FL 33458 Mortgage Electronic Registry -,Systems, Inc., c!o Registered Agent: Electronic Data Systems,LLC, 3300 SW 34t'tY4��ue, Suite 101, Ocala, FL 34474 Bank of America, NA f/kla Coin do Bank, FSB, ato Registered Agent: CT Corporation, 1200 S. Pine Island Road,Suite 250, Plantation, FL 33324 P:11WO=1315- p31Z1P1,D110E9450DOC 1J CFf�^_AIU72GG311 OOOH 775LZ Ph6[11111 5 s7F5 147 �,.)�� fII� I1��I�i�Illillllllllll111111111111111�lIIII IN THE CIRCUIT COURT OFTHC JUDICIAL CFN 20100400439 CIRCUIT IN AND FOR PALM BEACH COUNTY,FLORIDA OR SK 24150 PG 0477 RECORDED 10/21/2010 08:26:26 GENERAL JURISDICTION DIVISION Pa1ts Beach County, Florida AMT 1,300.00 Doc Stamp 5.10 CASE NO 2009Cn023652 Sharon R. Black,CLERK & CWTRQLL,ER Pga 0477 478; (2pga) TOWN OF PALM.BEACH Plaintiff(s)/Petitioner(s) vs. STtEPHEN J MACARI;MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC ASTING SOLELY AS NOMINEE FOR COUNTRYWIDE BANK NA;BANK OF AMERICA NA FKA COUNTRYWIDE RANI;FSB Derendant(s)/Respondent(s) CERTIFICATE OFTITLE Chapter 4g THE UNDERSIGNED CLERK OF this Court CertiLies that a Certificate orSale was executed and filed in this action on September 30,2ot0 for the property described herein and that objections to the sale have either not been filed within the time allowed by statutory law or,if filed,have been heard by the court 'The property in Palm Beach County, Florida is described as followut That part or Wt 8,Ocean Terrace,according to the map or plot thereof as recorded in Plat Boalt 20,Page 64,Public ReGard5 of Palm Beach County,Florida,described as fatloN,vt Beginning at the Southtvest corner or said Lot 8,run thence Easterly along the South line of 5 Lot 8,a distance of gr is feet to a point in said line;run thence Northerly a[ )(For full legal description,see attached) ivas sold to; TOWN OF PALM BEACH c/o Jones,Faster,Johnston&Stubbs,P A P.O 13ax3475 West Palm Beach,FL 33402. WTTNESS my hand and seal of this Court on. Oeeoexl to ,za,�o Sharon R..Back,Clerit&Comptroller,Palm Beach County Deputy Clerk �? Ll CD zc ►Y C,ji Tl Cn EXHIBIT 148 That part of L.ot 8,Ocean Terrace,according to the map or plat thercoras recorded in Plat Book so,Page 64,Public Records of Palm Beach County,Florida,described as follawa: Beginning at the Southwest comer of said Lnt B.run thence Easterly along the South line of Lot 8,a distance of gt.ao feet to a point in said line;run thence Noriherly at an angle or ate 05'40'to the preceding course,said angle being measured rrom West to North Ion point in the North line of Lot 8,run thence Westerly along the North line of Lot 8,around the Northwest corner of said Lot 8,and thence Southerly along the West line of said Lot B to the Point of beginning.. Together with a nonexclusive easement running with the land over,across and upon the tract of land described end bounded es ro lmvs: Bounded on the North by the Easterly projection or the South line urAngler Avenue,on the South by a line parallel to and 63.77 feet South of(measured at right angles)to the Easterly projection of the South line of Angler Avenue;on the West by Ocean Boulevard and on the East by the Atlantic Ocean. The Subject Property has a street address ofito Angler Avenue,Palm Beach,Florida 33480, Parcel Control Number:50-q�-43••03-03-000-008 149 Offer to Purchase 110 Angler Avenue Randolph, John C. to: PElwell @townofpalmbeach.com 05/04/201103:37 PM Cc: "CKleen @Townofpalmbeach.corn" Show Details Peter, Subsequent to my memo of today's date, we received the attached Agreement for Purchase and Sale (Cambo) which we provide for the information of the Mayor and Town Council. This offer rescinds a previous offer made by Cambo, dated April 28, 2011, copy attached. Additionally, I have attached a previous offer (Cummings)which has expired, but which requires the Town to give marketable record title. Subsequent to the receipt of this offer, our office had discussions with the prospective purchaser who was not interested in pursuing a purchase other than in the manner presented. Please provide this information to the Mayor and Town Council as an addendum to my memo of today's date. Thank you JOHN C. RANDOLPH John C. Randolph Attorney Direct: 561-650-0458 Fax: 561-650-0465 jrandolph(a)iones-foster.com Jones, Foster, Johnston &Stubbs, P.A. Attorneys &Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. 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Please immediately notify us by email and delete the original message. 150 l i AGREEMENT FOR PURCHASE AND SALE The parties hereto hereby enter into this AGREEMENT FOR PURCHASE AND SALT, (the"Contract") as a contract for the Purchase and Sale by and between TOWN OF PALM BEACH, a Florida municipality {"Seller")and PHILIP CAMBO. and/or Assigns dated of May 4, 2011 (the"Contract"), The parties Hereby agree as follows: t WHEREAS, Seller wishes to sell Parcel Control Number 50-43-43-03-03-000-0082 in Palm Beach County, Florida, having a commonly known address of 110 Angler Avenue, Palm Beach, Ocean Terrace Subdivision, State of Florida; and WHEREAS, Buyer agrees to purchase the Subject Property and Seller agrees to sell the Subject Property according to the terms and conditions set forth in this Agreement TI IER.EFORE, for and in consideration of TEN DOLLARS (S I0.00), and other good and valuable consideration, the receipt of which is hereby acknowledged by each party hereto from the other party, and a hereinafter receipted deposit, and in consideration of mutual covenants and conditions and premises herein contained, the parties agree as follows: 1) Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller,the Subject Property on the terms and conditions herein set forth. and for the purchase rice far the Subject Property,the Buyer agrees to pay the sum of �) As p p l P I WO HUNDRED TWENTY FIVE THOUSAND DOLLARS ($225,000), and the Seller agrees to accept the allocations of those sums as follows: a. The sum of FIVE THOUSAND DOLLARS (`.65,000), as the initial deposit payable on the execution of this Agreement, which sum shall be a part of the aforementioned Purchase Price and which sums shall be paid to and retained in escrow by the law firm of Law Offices of Daren Rubenfeld, P.A. ("Escrow Agent") pursuant to the terms and conditions of this Agreement, The Escrow Agent is hereby authorized and directed to place the Deposit into its non-interest 1 KAMBODOCS 12014122 2 151 r i i bearing Trust Account in a national bank or stale or federal savings and loan association doing business in the State of Florida. Except in the case of a default i of Seller(in which event, Buyer would be entitled to receive the return of the i Deposit) and unless otherwise specifically provided herein, the Deposit shall be I � applied as pant of the purchase price upon a(:lasing pursuant to this Agreement having occurred, b. Upon acceptance and approval by the TOWN OF PALM BEACH, at a publicall,y held and properly noticed meeting, Buyer shall deposit with ESCROW AGENT an additional FIFTY THOUSAND DOLLARS ($45,000)which together with the i i initial deposit shall become the deposit, c. At Closing,the Buyer shall pay to the TOWN OF PALM BEACH, the total sum 1 of ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($175,000), z inclusive of deposit, as the purchase price,in the form of a cashier's check or readily available wired funds,which shall be the aforementioned Purchase Price. Buyer agrees to wire funds for closing to the ESCROW AGENT twenty four (24) hours prior to the scheduled closing. SELLER agrees to accept this sutra as the j total allocation of purchase price for the property, subject to any pro-rations or E adjustments as provided for in this agreement. d. At Closing the Buyer shall deposit with the firm.JONES FOSTER.JOHNSTON &. STUBBS ("JFJS"),the sum of FIFTY THOUSAND DOLLARS ($50,000) to be retained by the fhrn under a separately signed retainer agreement for the purpose r of obtaining carrying out legal services in the form of a quiet title or other action requested by BUYER in furtherance of obtaining title insurance on the property at sonde future date. If such funds are not applied to services performed within One Year of Closing,then such funds shall be returned in accordance with the retainer agreement. i f I { 1'C1 MBODOCS 12014122 2 i 152 F 3 3) Buyer's, at Buyer's expense, may purchase a commitment for the issuance of an ALTA j 1 Form "B" Marketability Owners Title Insurance Policy. The issuance of such policy or ' the purchase of such policy shall not be a condition precedent to closing. l-lowevel: 1 a. Seller shall supply, at closing, such affidavit and other documentation as is normal and customary to cause the standard printed exception for parties in possession to be deleted; and b. Seller shall supply, at closing,such affidavit and other documentation as is normal and customary so as to permit the standard printed exception fbr mechanics' liens to be deleted; and i i 4) Seller hereby grants to Buyer and Buyer's agents, employees, servants, and contractors, the tight to go upon the Subject Property and make such tests and investigations and do such things as Buyer shall deem necessary or appropriate including,but not limited to, surveying of the Subject Property, and tests and investigations to determine BUYERS contemplated renovations upon the property improvements. However, Buyer is an"AS- 1 IS"purchaser of the Real Property which is the subject matter of this agreement, subject only to Sellers covenant to keep the Real Property in the same material condition until closing. i t 5) Seller has or will,within five (5) days from the Effective Date of the Contract, deliver to Buyer true and correct and complete copies of all reasonably available information in its i possession (whether in draft or final form and recorded or unrecorded) concerning the i Property, At Closing, Seiler shall assign to Buyer all of Seller's right, title, interest and i in and to and under any of such Property Information. G) For purposes of this Agreement the term"Property" shall mean and refer to parcel sell F i Parcel Control Number 50-4.3-43-03-03-000-0082 in Palm Beach County, Florida, having i i PCANIBO©OCS 12044122 2 153 1 a commonly nown address of 110 Anger Avenue, Palm Beach, Ocean Terrace y l F Subdivision, State of Florida 7) Seller asserts that Seller is the owner of all right,title and interest in and to the Property k 8) The conveyance of the Subject Property by Seller to Buyer shall be by warranty deed in substantially the form as is customarily used in the State of Florida. 9) The Closing of this transaction shall take place no later than Thirty (30) days after the I approval by the TOWN OF PALM BEACH at the meeting referenced in paragraph?(b) of this agreement. 10)The parties agree that the following shall be the schedule of'obligations with respect to the Closing expenses hereunder,to wit: I 3 a. Seller shall pay for the State documentary stamps on the Warranty Deed. I } b. Buyer shall pay for the recording of the Warranty Deed. c. Subject to other provisions of this Agreement to the contrary,all expenses and ' revenues of the Subject Property including,but not limited to, real property taxes, i shall be prorated or credited, as the case may be, to the day of Closing. All real i property taxes shall be based upon the current year's tax at the highest allowable discount, if the Closing occurs on a date when the current year's taxes are not fixed, and the current year's assessment is available, taxes will be prorated based upon such assessment, and the prior year's treillage. if the current year's I assessment is not available, then taxes will be prorated based upon the prior year's tax. In any event, such taxes shall be prorated at the highest allowable discount. 1 i rcnM©ooncs 12014122 154 i E E E i i d. All prorations and adjustments shall be against the cash to be paid by Buyer to i Seller at Closing. 1 t 11) Possession of the Subject Property shall be delivered by Seller to Buyer at Closing, ! 12) In the event of the commencement of any condemnation or eminent domain proceedings i for any public or quasi-public purpose at any time during the contract period, but prior to the Closing hereunder,which results or could result in the taking of any pant or all of the t Subject Property,Buyer shall have the option of: (i)cancelling this Agreement, in which s event the Deposit and all sums paid pursuant hereto shall be forthwith returned by the ! holder thereof to Buyer and upon such repayment, this Agreement shall be null, void,and of no further force or effect and all parties hereto shall be released and relieved from any r { and all further liability or obligations hereunder; or (ii)closing the transaction 1 contemplated by this Agreement,in which event the Purchase Price shall not be abated: provided, however,that Seller shall assign any condemnation or eminent domain award and its right to receive such award to Buyer. Seller agrees not to enter into any settlement of any condemnation proceedings or eminent domain proceedings without the prior written consent of Buyer, j 13) BUYER hereby rescinds any previous offer for the subject property and specifically that � offer dated April 28, 2011• I 14) In the event of a default by Buyer under this Agreement, except for Seller's right to be indemnified by Buyer as set forth in this Agreement,Seller and Buyer shall have as their sole remedy the right to receive the Deposit as liquidated damages in full settlement of any claims and shall have no other or farther liability hereunder, 15) Notwithstanding anything contained in this Agreement to the contrary, the law firm of Law Offices of Daren Rubenfeld, P.A., shall not be precluded from representing Buyer (or any other,of the law firm's clients)by virtue of the firm acting as Escrow Agent t hereunder. i PCAMRODOCS 120141222 j 155 4 16) In confection with any litigation arising;out of this Agreement, each party shall Pay their own costs incurred,including, but not limited to, attorneys' fees, which attorneys' fees shall include, but not be limited to, those attorneys' fees incurred by such party for the services of its attorneyfs) at all trial and appellate levels and post judgment proceedings. 17)Unless otherwise specifically provided herein, all notices to be given hereunder,shall be in writing and sent to the parties as hereinalfter provided,certified mail, return receipt requested, postage prepaid. Unless otherwise specifically provided herein, such notices shall be effective on the day such notice is deposited in the United States mails, I Notices to Seller shall be sent to: TOWN GP PALM BEACH c/o Larry B. Alexander, Esq, 505 South Flagler Drive#1100 West Palm Beach,Fl., 33401-5950 Notices to Buyer shall be sent to: Philip Cambo t 1290 Park Street Paliner, MA 01069 s and a copy to: Daren Rubenfeld,Esq. P.O. Box '0635 Patin Beach Gardens, Florida 33420 Fax: 561-658-2367 1 3 Notices as to Escrow Agent shall be sent to: Daren Rubenfeld, Esq P.O. Box 30635 Palm Beach Gardens, Florida 33420 1 Email: daren.rubenfeld @gmail.com 1 1 a MAMBODOCS 1201412 2 ! i 156 t The place to which any party hereto is entitled to receive any notice may be changed by such party by giving; notice thereof in accordance with the foregoing provision. 1 S) Each party hereto represents and warrants unto the other party that there are no real estate brokers involved with respect to this transaction and that there are no brokerage tees, finder's fees or broker's commissions due as a result of their respective executions of this Agreement or which will be due as a result of the Closing as contemplated hereby by virtue of their respective acts, inactions,conduct, or otherwise. Notwithstanding the foregoing, Buyer shall pay a commission to LESLIE L.INDER,a licensed real estate I i broker,p.o.c. 19) This instrument shall be governed by and enforced and construed under the laws of the State of Florida. 20) The Buyer named herein shall have the absolute right and power to assign its interest in this Agreement and Seller agrees that upon any such assignment, the assignee shall be deemed to be the Buyer under this Agreement and Seller shall close this transaction with such assignee. The Buyer named herein shall remain obligor for purposes of the 1 agreement and the deposits being; held. 21) In addition to the obligations required to be performed hereunder,by Seller at the Closing, Seller agrees to perform such other acts, and to execute, acknowledge, and/or i deliver subsequent to the Closing such other instruments, documents, and other materials as Buyer may reasonably request in order to effectuate the consummation of the transaction contemplated herein and to vest title to the Property in Buyer. 3 J 22) All captions or titles of Paragraphs used in this Agreement are for convenience only and are not intended to construe, limit,define, or describe the scope or intent of any Paragraph of this Agreement nor in any way to affect this Agreement- PCAM4 ODOCS 12014€22 2 i 157 23) Whenever the context so requires or admits, any pronoun used herein may be deemed to mean the corresponding masculine, feminine,or neuter form thereof and the singular form of any nouns and pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa.. 24) If any term, covenant, or condition of this Agreement for Purchase and Sale to any extent II is deemed invalid or unenforceable, the remainder of the Agreement, or the application of f such term, covenant or condition to Buyer's circumstances other than those to which it is I held invalid or unenforceable, shall not be affected thereby and each terrr7, covenant, or condition of this Agreement shall be valid and enforced to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have executed the Contract as of the day and year above written. i ``B YER" "SELLI±IR" i TOWN OF PALM REACH, a Florida 4P1P-4C;;A�Mk80, ANDlOR ASSIGNS municipality By: Print Name: 3 Title: s f j i PCAMBODOCS 12014122.2 d 158 04/2812011. 16:59 561-659-5446 BARCLAYS GROUP PAGE 02 04128/2011 13,43 FAX 1 413 293 5192 NORTHERfl TREE SERVICE 01002/010 Salrelay'S International Reality Inc. 249 Peruvian Avenue Palm Beach, FL 33480--9936 Phone- 661.659-00DO, Fax: 661.959-54 "AS IS" Residential Contract For Sale And Purchase THIS roRM HAS REGN APPROVED SY THE FLORIDA REAL)ORS AND THE FLORIDA BAR 1 PARTIES, PAW BEACH ("Ballet"),and PHIL CaMiB 3 ("Buyer"),agree that Seiler shall$ell and Buyer shall buy the following described Real property and Personal Property(collectively a Property'l pursuant to the warms and conditions of this AS IS Resldentlal Contract For Sale And F!urchase and any riders and 5 addenda("Contract"): ti 1 PROPERTY DESCRIPTION: T' (a) 5traa address,city, p: zoo MEa x « nn= SCi�H axx :� - i a• (b) Property Is located in: _._—County,Florida. Real Property Tax IDINo: 50-0-as-o3--000-Coe e- (c) Legal descrlptlon of the Deal Property: oCEM M RCE W 90 r,,w or LT B 10 togatherwith all existing improvements and lxtures.including built-in appliftn43E,built-in furnishings and attached wRllwto. 11 wall carpeting and tlooring("Real Property")unless speciliaally excluded below. 12 (d) Personal Property:The following items owned by Seller and existing on the Property as of the date of the initial offer M 13 Included in the purchase("Personal Property"), (1)rang a(s)loven(s),dlahwusher(s),disposal]calling fan(a),Intercom,light 14 fixtures, rods,drapefles and other window treatments,garage door openers,and security g�e and other acc*as devices; 15 and (ii)those pddltlonal items checked below.if additiarini details are necessary,specify bel.m if left blank, the Item 16 below Is not included: ©RefrFaerareriei ®5moko oe%cwr(e) ©Pool barftrAnce © Ada anad ❑ Smugly systom ❑Pool nopment q Tv erlip.nnaloatall1m dish El Wxshar ©Wlndowhvall a!o ❑Pool heater ❑Watok 613%neMpw€6er Dryer ❑Generwor El Spa or hot nib with hantar ©Stcnq,shutters and parels (]Stand-skies Ice MOW ❑Above grained pod 17 'fie only other iterns of Personal Property Included In this purchose. and any addrtion� detolls, regarding Personal le Property,if necessary,are: Is Personal property'is included In the P rcthasa Price,hea no cnrrtrlbutery,value,and shall be 1 ft for the Buyer 20 (e) The following.Items are excluded from the purchAse• --- (checks CDl"Cl: 21. 2. PURCHASE PRICE (L1.S.cun•ency): . 22" (a) Initial deposit to be held In escrow In the amount of COLLECTION) 23 The initial deposit made payable and delivered to"Escrow Agent"named below Zc- (CHECK ONE): ©accnmpanles offer or ®Is to be made Capon acceptance(Effective Cate) 25• or D is to be made within njA_(if blank,then 3)days after Efective DACe 29" Escrow Agent Information; Larne: &JUSM Tva>s1s 1 2 ' - 27' Address: DL*- Phone: Me - 28- E-mail. a Fetx: nr: 2e* (b) Additlonai deposit to be delivered to EscrowAgantwlthin n.,1a _-(If blank,then 3) nr 30* days'after Effective Date,, , , .. , . . , , , , . , --•--- 21 (Ali deposits paid or agreed to he paid,arre collectively referred to 98 the"Deposlt") aa- (c) Financing,.Express as a dollar amount or percentage(102n Amount'"]see Paragraph 8 ;•. $ n a 9s- (d) Other. o _ s 34 (e) Balance to dose(not Including BWtar's closing costs,prepaids and proradons)by wire transiAr 96' or other COLLECTED funds . . . ... .. . .. . . .. . . S Bba,_oona_a_ se NOTIM:For the definitlon of"COLLECTION"ar"COLLIECTED"see STANDARD S. i 37 S. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS,9PPECTIVE DATE: pRspARgD syt snndn,plepsrt,Isaattor AeeGom Flo>ids Reait0r91F106ae ear-ASIS-9 Rev,919 A 02010 Rtorlda Reth* M and'nct Florida Mar All Rights Reserved RcaIPA=Sv1 WRro.9=1 i verrtlon B 19 za%karo naeiff%md to;EdwpM M-Mayrnr,9ardWs lr4ormumol RMW to tlAl�i11119:33:52 1131toc4 ere auyes;s3 9eSSertol 159 04/29/2011 16:59 561-659-5446 BARCLAYS GROUP PAGE 03 04/2e/2011 13 :43 FAX 1 413 283 5132 NORTHERN TREE SERVICE 003/D10 aa• (a) It not signed by Buyar and seller,and an executed copy delivered to all parties can or before Qkwagal- 39 ,his offer shall be deemed withdrawn and the Deposit, if any,will be returned t4 Buyer.Unlnks otherwise st2tea,time for 40 acceptance of any counter-otters shall be within 2 days after the day the counter-offer is deliv*ad. 41 (b) The effective date of this Contract will be the date when the last one of the Buyer and 9allak has signed or initlelled this A2 Offer or fl nal counter-offer("Effective Cate"), 4s :4.. CLOSING MATS: unless modified by other provislens of this Contract, the closing of this lranhaMion shell occur and the 44 closing documents rewired to ho furnished by each party purau®nt to this Contract shall 9P, delivered ("Closing") on 45• 7 toaxea COrdIB ('Closing gate"),at the time establlshed by the Closing Agent 46 6, EXTENSION OF CIASING DATE: 47 (8) If Cloaing funds from Buyer's lander(s) are not available at time of Closirig due to Truth IA Lending Act(TiLA) notice 48 requirements, Closing shall be extended for such period naeossary to satisfy TILA notice ro�uiremeardr,, not to exceed 7 49 days. so (b) If extreme weather or other condition or event constituting"Force Majeure"(see STANDARC G)causes; (i)dieruptlon of 51 utilifies or rattler services Mentlal far Closing, or (ii) Hazard, Wind, Flood or lHomecwriers' insurance, to become 52 unavailable prior to Closing,Closing will be extended a reasonable time up to 3 days after re4oratlon of ut"riRies and other 53 services essential to Closing.and availability of,appllcable Hazard,Wind, Flood or Hamaewn rs'insufenese. If Melioration 54- of such utilities or servirrea and availability of insurance has not occurred within (if left blank, 14) days after 65 Ctosing Date,then either party ma.y terminata this Contract by delivering written notice to the er party,and Buyer shall be 56 refunded the Dgposlt,thereby releasing Buyer and Seller from all further obligations under thisi Contract. 57 6, ioCCUP,ANGY AND POSSMSION: Unless otherwise staters herein,Seller shall, at Closing,havd removed all persoriat hams as and trasn from the Property and shall deliver occupancy and possession, along with all keys, girage door openers, access ao devices and erodes,as applicable,to Buyer. if property is intended to be rented or occupied Mayon Closing,the fact and terms ED thereof and the tenant(s)or occupants shall be disclosed pursuant to STANDARD D.if oceupardl�ry Jr.to be delivered before 61 Closing,Buyer s9sumeae all rlsks of loss to Property from date of occupancy,shall be resporzibl and I'rablo for maintenance 52 from that date,and shall b6 deemed to have accepted Property in its existing condition as of time 4f taking occupancy, 53 T, Agss IGNABILi M(CHECK ONE) Buyer 0 may assign and thereby be released frorn any furthed liability under this Contract; ea• >;l may assign but not be released from lisblRy under this Contract;or Q may not assign this Canth;sct, e5 FINANCING Be a. FINANCING: 67• ®(a) Buyer will pay cash or may obtain a loan for the purchase of the Property There Is no flnaitl sing contingency to Buyer's as Mligatlt3n to olose,. or ©(b) This Contract its contingent upon Buyer obtaining a written loan commitment for a❑convl intional❑FHA El VA loan 7R' on the fallowing terms within n aw —(if blank,than 30)days after Pffective Date("Lban Ctimtnitmeant Geld")far: 71' (CHECK ONE); 0 fixed,O sdjustable, ®fixed or adjustable rate loan in the principal erg ount of g ?ate... 7Z• or nLa aA of the Purchase Price,at an initial interest rate not to exceed r+1„5 %(If blank,then prevalling rate 73" teased upon Buyeea cradiuvorthiness),and fnr a term of a a years("Financing"). 74• Buyerwiil make mo tag e loan application for the Financing within-n a (If blank,the 1 5)days after Effective pate 75 and use good faith and diligent effort to obtain a written loan commitment for the Finariolr (%.oen Commitment")and 76 close this Contract, Buyer shall keep seller and Broker fully Informed about the status f mortgage loan application 77 and Loan Commitment and authorizes Buyers mortgage broker and Buyer's lender tl� disclose such status and 78 progress to Seller and Broker 79 if Buyer does not receive loan Commitnlcni, then Buyer may terminate this Contract delivering written notice to 60 Nailer,and tho Deposit shall be refunded to ;Llyer,thereby releasing Buyer and Belle from all further obligations at unaerthls Contract, 82 It Buyer does not deliver written notice to Seiler of raceipt of Loan Commltment or Buyer's written waiver of this 98 fnencing contingency, then after Loan Commitment Rage seiisr may terminate this Contract by delivering written 84 notes to Buyer and the Dapoolt shell be refunded to Buyer, thereby roleasing Buyer, and Seller from all further as obligations Under this Contract, Be if Buyer delivers written notice of moelpt of Loan Commitment to Seller and this Contract does not thereafter ons o the 97 Deposit sh911 be paid to Saner unless failure to close is due to:(1)Seller's default;(2}Pro�eriY related conditions of the s8 Loan Commitment have not been met(except when surds conditions are waived by othed provisions of this Contract): 89 (3)appraisal of the Property obtained by Buyer's lender Is Insufficient to meat terms oft B Loan Commitment;or(4) 90 the loan is not funded due to financial failure of Buyer's lender, In which event(s)the[Deposit 5111111 be teturn0d to 91 Buyer,tnenreby releasing Buyer and Seller from all further obligations underthlta Contract.! sa• C1 c) Assumption of existing mortgage(see rider for terms). e3• ❑ d) Purchase money note and mortgage to Segsr(sae riders;addenda:or special claunan fort;t©rrtls). 94 CLOSING COSTS,FEES AND CHARGES R5 9. CLOSING COSTS;TITLE INSURANCE*,SURVFY;HOME WARRANTY,, SPECIAL ASSEISSM115.0TS: 96 (a) COSTS TO BE PAID BY SELLER: •Dooumentary stomp taxes and surtax on dsed�If any HOAlCondominium AssoelMon estoppel less •Owner's policy and Charges(if Paragraph 9(c)(1)is checked) •Recording and other fees Mbedod to cures title a True search charges(if Paragraph 8(c)(111)Is checked) Sellers attorneys'fees •Qfher Ala - - ._.....i,. PREPATMO M t3dndrs M*prt,Renike►A996CIM FrorlCa Ra�itcrslFSnrldo 66r-A515-1. Frsv NI o QZOisi�ler�ra�cat5�r�m and Th6 Florida Ear Ali riiR�ta Reaered rtealrAYM 9ooftaro.G=11 Branton 6.16 WNrare Rglatmmd w Edward M Mayer,aarmay'o Intvmaltanal Rmalty Inn. posse of 9uyer(a) oa1z�11,Tv:sa sz SelleKe) 160 64/28/2511 16:59 561-659-5446 BARCLAYS GROUP PAGE 04 04/28/2031 '13;44 FAX 1 413 283 5132 NORTHERN TREE SERVICE I`dj004/010 97 if_prior to Closing,Seller it,unable to meet the AS IS Maintenance Requirement as required why Paragraph 1 t a sum equal go to 125%of,estimated cast to meat thn AS 18 Mmintenanc a Requirement 6half be encrouredirat CIDSlrlg, If actual costs to ag meet the AS IS Maintenance Requirement exceed escrowed amount, Setter shall pay su 3 actual costs. Any unused 100 portlon of escrowed amount shall be returned to Seller. 4131 (b) COSTS TO BE PAID BY BUYER: •Taxes and recording fees on notes and mortgages l•oars expenses •Recording lbes far deed and financing statements •Appraisal fees ; •Ownees Policy and Charges(if Paragraph 9(c)(ii)is checked} •Buyer's Inspections i •Survey(and elevation certlficatlon,If required) •Buyers attorney's fees •Lender's title policy and endorsements •All property related insurari,;e •HOA1Camdorninlum Association appilcationAransferfees •Other: n- - - 102, (c) TITLE EVIDENCE AND INSURANCE; At least in (if blank, then 5) dnya prior to Cibsing Date, a title insurance 103 commitment Issued by a Florida licensed title insurer, with legible copies of instruments lhted as exceptions attached 104 tmarato('"rltle Commitment")and, after Closing, an owner's policy of title insurance(sea S1#14DAR0 A for torme)shiali be 105 obtained and deliver+ad to Buyer.If Seller ham an owner's policy of title Insurance covering thb Real Property, a copy shall 1as be furnished to Buyer and Closing Agent within 5 days after Effective Date.The owner's titl`4 policy promfum and charges it77 for owners policy engomements,title search, and ofnsing serviced(collectively, "Owner's 11ollcy and Charges"}shall be 106 paid,6s setfnrth below log CHECK ONE): 11 a• 6 (i)Seller will designate Closing Agent and pay for Owner's Policy and Charges(but not�including chargee for closing 111 SWAces related to SUyers,lender's policy and ondorsammrits and loan closing,which mole rta shall be paid by Buyer to 112 Closing Agent or such other provider(s)as Buyer may select):or 11$' ® (i1) Buyer w1li designate Closing Agent and pay for Owner's Policy and Charges and lcharges for closing saNlces 114 related to Buyers lender's policy,endorsements,and loan closing;or 115• ❑ (ill) ['MIAMI-DADIRIBROWARD REGIONAL PROVISIOM: Seiler will furnish 9 copy of li prior owner's policy of title Ila insurance or other evidence of title and pray fees for. (A) a etantltluotlan or update of 4Qch We evidence, which Is 117 acceptable to Buyer's title insurance underwriter for reissue of coverage: (B)tax search;#d (C) municipal lien search, lie Buyer shalt obtain and pay for post-Closing continuation and premium for Buyer's owner's po .y,and If applicabit.Buyer's 119" lender's policy,Seller shall not be obligoted to pay more then S ala (if bienk,$20d,DU)for abstract continuation 120 or title search ordered or performed by Closing Agent. 121 (d) SUR'WEY: At least 5 days prior to Closing,Buyer may,at Buyer's expense,have the Real Prbparty surveyed and certified 127 by a registered Florida surveyor("Survey")�If Seller has a survey covering the Real Property, a copy shall be fUrnlshed to 123 Buyer and Closing Agent within 5 days after Effective Date. 124• (e) HOME WARRANTY: At Closing, Q Buyer ❑ seller ® NIA will pay for a home warranty plan Issued by 125' n at a cost not to exceed$ n/e A horns warranty plan provides for 125 repair or roplocement of many of a home's mechanical systems and major built-in applianc6a in the event of breakdown 127 due to normal weer and tear dwinrg the 99reement's warranty period, 128 (t} SPECIAL ASSESSMENTS: At Closing,Seller will pay.(1)the full amount of liens imposed b�a public body("public body" 12D does not include a Condominium or Homeowner's Association)that are certified, confirms and ra6fietf before Closing; tan and (ii)the amount of the public body's most recent estimate or assessment for an impro ment which Is substantially 131 complete fig of Effective Date,but that has not resulted Ina Ilan being Imposed on the Drop ty before Closing,Buyerwlll 13?. ay all other assessments, If speclal assessments may be paid In installments (CHECK INE): 133• (a) Seller chall pay inatallmanta due prior to losing and Buyer shall pay Inin imenta clue after Closing, 134 Inatallmerds prepaid or due forthe year of Closing shall be prorated. 135• ❑ (b) Selinr shall pay tho assessment(s)in full prior to or at the time of Closing, 130 IF NEITHER BOX IS CHECKED,THEN OPTION(a)SHALL BE DEEMED SELEGTFI 113. 137 This Paragraph 9(f) shall nut apply to a special benefit tax Ilan imposed by a community dmlopmerlt district (CDC/) 138 pursuant to Chapter 190 F S.which Ilan shall be treated as an ad valorem tax and prorated ptrauentto STANDARD K. 139 DISCLOSURES 140 10. DISCLOSURES' 14,1 (al RADON CAS: Radon is a naturally occurring radioactive gas that, when It Is accumulatAd in a building in sufilclent 142 quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and 143 stats guldellnes have bean found In buildings in Florida.Additional Informaucri regarding radbn and radon testing may be 1" obtained from your county health department, E 145 (b) PERMITS DISCLOSURE.-kcapt as may have been dlaelosed by SAllcr to lRuyne in a wrl6n disclosure,Seller does 14a not Know of any Improvements made to the Property which were made without #acjuired permits or made 1c7 pumunrit to permits which have not been properly cloelad. 148 (C) MOLD: Mold is naturally occurring and may cnuae health risks or dar iage to property, If 151iyer Is concerned or desires 141g additional information regarding mold,Buyer should contact alt appropriate professional, 150 (d) FLOOD PONE;ELEV'A'TION CERTIFICATION., Buyer Is advised to verify by elevation cerllfic site which flood zone me 151 Property is in,whether ffcod insurmnan is required by Buyer's lender and what m9trictiona aply to improving the Property 152 and rebuilding in the event of casualty. If Property is Ina"Special Hood Hazard Area"or"C stal High Hazard Area and 152 finimned floor elevation Is below minimum flood elevation, Buyer may terminate this Contmet by delivering written notice to tan. Selror within 20 drayn aftor Effachve Date, railing which Buyer atcoepto 4xicting olevation W Buildings and flood zone PREPARED BY;Sandra Bapfrr Raattor 0.6acarata 510cro Rekl*gJPlorids 8ar�ASI5r1. Pov.6110*2010 PIOMMI Rea OMGD mild 7"Florida Bar All Rights Roserved AnIPA'M$oRwarm,020il,vorelon 6-le,9vr<wars Reolatarad m:edwitrd M Mayar,Bore€av'a Inbamotlonal Raalry Ina. Pd9a 3-9 to Buyerta) Q4fQ1111 58;5�'S2 Seller($) 161 04/28/2011. 16:59 561-659-5446 BARCLAYS GROUP PAGE fly Oa/29/2011 13:45 FAX 1 613 283 5132 NORTHERN TREE SERVICE Ig O05/010 155 designation of Property. Asa (e) ENERGY BROCHURE,. Buyer acknowle4ges mcaiptof Florida Energy-EfficiancYRating lnfdrmation Brochure required by 157 Sectlan 563,886,F.S. lee (fj LEAD.SASED PAWT: If Properly includes pre-1978 resldential housing,a lead-based paint�ider Is mandatory. 159 (g) HOMEOWNERS' ASSOCIATION1t�0MMUNITY DISCLOSURE: BUYER S14OULD NOT xECUTE THIS CONTRACT 160 UNTIL BUYER I4AS RECEIVE13 AND READ THE HOMEaWNERS' ASSOCIATIONICOMMUNITY OISCLOSURE, IF 181 APPLICABLE. tee (h) PROPERTY TAA DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELI�.R'S CURRENT PROPERTY 163 TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGEb TO PAY IN THE YEAR 164 $UBSE:OUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS 166 REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN NIGHER PROPERTY TAXES. IF YOU HAVE ANY 165 QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAI$Fws OFFICE FOR 167 INFORMATION. 188 (i) TAX WITHHOLDING: if Sauer is a "'foreign person" as defined by the Foreign Investmont In Real Property Tax Act 165 ("FIRPTA"),Buyer and Seller will comply with FIRPTA,which may require Seller to prnvltle aaditionat cash at Clnaittg- 17a (J) SEt.I.BR DISCLOSURE: Seller knows of no farts materially affecting the value Of the Real�roperty which are net readily 171 observable and which have not been disclosed to Buyer Except as stated in the prat ding sentence or otherwise 172 disclosed In writingg: (1) Sellor has renelvad no written or verbal notice from any gavernm ntal entity or agency as to a 173 currently uncorrected building,environmental or safety code violation;and(2)Seller extend and intends no warranty and 174 makes no representation of any type,either express or Implied,as to the physical condition o history of the Property 175 PROPERTY MAINTENANCE,CONDITION,INSPECTIONS AND EXAMINATI ,MS A76 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller hall maintain the Property, 177 Including, box not limited to, lawn, shrubbery. and pooh in the condition existing 99 of Effectivp pate ("AS IS M0IM LAMM 178 Requirement") 179 12. PROPERTY INSPECTION; RIGHT TO CANCEL, tea fa) pnoPERTY INSPECTIONS AND RIGHT TO CANCEL: Duyershall have MIS_(0 bla k, i dalys from Effaotiva 181 Data(inspection Perlod')within which to have&ueh lnspectluns at the Properly pe nned as Buyer shaft desire tee alluring the lnarpectlon Aerrad•,tY Sayer determines, fn 8uyer✓s sole discretion,that the Pa^oparty is not acceptable 162 to 8uyet, Shyer may term/Hate psis Contract ey 4eilvering written notice of such BIG an to Seller prior to 184 expiratlen of lnspectlon Pa3riod, if Buyer timely terminates this Contract,the Depoal paid shall be ImmadlaWly laS returned iv Sayer, tftareuprxl, Buyer end Salter shall oe released of all further obligkions under this Contract, lea hatsrevr#r, Salyer shall be responsible for Aroalpt psym>1n[Par such Mapat:tiaaos, fa�repsrlr+7f damage to, and 187 r9sfirat;ora ot;the Pro aerty resulting f}om such Inspections,and shaflprovide Seller w paid r'acelpts for all work 1as dame an the Property(tbe precerfing pravlsian sTtarf t alrvhre terminaitfon of this COHL*j.Unless Buyer oxerolaea 189 the right to tarminate granted heTWtr,Buyer accepess the physfcaf collditlorr of the Property and any violation of 19D governmental, building, environmental, and safety codes, restrictrons, or rKulremleGlts, out subject to Seller's 101 continuing AS IS Maintenance Requlremenr, and Buyer shall be responsible fok any and ell repelrs and 192 fmprovemantc mMrufrvd by Buyers lender. tea (b) WALK-THROUGH INSPECTIONIR6-INSPECTION, On the day prior to Closing Date,or all Closing Date prior to time of 194 Closing,as specified by Buyer,Buyer or 9uynr l;representative may perform a walk-throug (and follow-up walk-through, IDS If necessary) Inspection of the Pmperty solely to confirm that all Items of Personal Pro pa , are on the Property and to 196 verify that Seller has maintained the Property as required by the AS IS Maintenance Requl prnent and has met all other 107 contratctualobligations, 198 {c) SELLER ASSISTANCE ARID COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: I> Buy®r's inspection of the 100 Property Identifies open or rseeded building permits, then Seller shall promptly dallved to Buyer all plans written 20D documentation or other informatlon In Seller's possession,knowledge,or control relating to mprovements to the Property 201 which are the subject of such open or needed PAfrnita,and aholl promptly cooperates In gold faith with Buyer's efforts to 202 obtain estimates of repaira or other work necessary to resolve such Permit Issues.. Seller`s)rabiigation to cooperate shall 203 include Seller's execution of necessary Authorixatiienn, consents, or other documents necessary for Buyer to conduct 204 inspections end have estimates of such repalrs or work prepared, but In fulfilling Such olbligatlon, Sailer tftlll not be 266 required to expend,or become obligated to expend,any money. 208 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES., At Buy�r s option and cost.Sellerwlll, 207 at Closing,resign all assignable repair,treatment and maintenance contracts and warraantirasl 0 Sayer. 200 ESCROW AGENT AND BROKER 2016 13. ESCROW AGENT;Any Closing Agent or Escrow Agent(ca11ectiv6ty"Agent") receiving the 06posit,other funds and other 210 Items Is authorized, and agrees by Maptrdnce of them, to deposit them promptly, hold same llin escrow within the State of 211 Florida and,subject to COLLECTION, dishurse them In accordance with terms and condltlon of this Contract. Failure of 212 fundsto become COLLECTED shell not excuse Buyer'S p0rfermenc®. When conflicting d mands for the Deposit are 213 received, or Agent has E good faith doubt as to entitlement to the Defapsit, Agent may take sboh potions permitted by this 214 Paragraph 13, as Agarit deems advleable" It In doubt as to Agent's duties or liabilities under his Contract, Agent may, at 215 Agent's option, continue to hold the sul)vot mattor of the escrow until the paMles agree to Its disbursement or until a final 21a judgment of a court of competent Jurlsmutlon shell determine the r€ghee of thea parries, or Age t may deposit same with the 217 cleric of the circuit court having Jurlsd[ctfon of the dispute. An aWmey who represents a party and also acts as Agent may 218 represent.such party In such action. Upon notifying all parties©oncemetl of such action, all [lab ilty on the part of Agent shall 219 fully terminate.except to the extent:of accounting for any items previously delivered out of act row It a lleeneed real estate can broker.Agent will comply with provisions of Cnspter 475,f 5,as amended anti FREE rules to tlhlely resolve escrow disputes PREPARED EY:aRndra 6o®oR Realtor Astaalato l lorldn Raeiramftrida Bar.ASIS-t. Rev,8110 02010 Florida RmltoraO and Toe Florida Her AP Rights ReuNcd Rui lFAM 5crtwsm,0411,Vsrstbt 8 18 Seftafe Regintmad 4c:ridwafd M Mayor,SwerQyb InlemtWO-1 Realty Ina 8e127111 18:53:52 age w,9oL Buyers] Selissris7 "Ir�'"`C_�" 162 04/2812011 16:59 561-655-5446 BARCLAYS GROUP PAGE 06 04/29/2011 13:45 FAH 1 413 283 5132 NORTHERN TREE SERVICE [A 00E/010 221 through mediation, arbitration, Interpleader ar an escrow disbursement order Any proceedini between Buyer and seller 222 wherein agent in made a party because of acting as Agent hereunder, or In any proceeding ikhere Agent interpleads the 223 subject matter of the escrow,Agent shall recover reasonable attomey's fees and costs Incurred.pm be paid pursuant to court 224 Order out of the escrowed funds or equivalent,Agent shall not be lieble to any party or parson for ls-dslivery of any escrowed 225 Items,unless such mis•delivery is flue to Agent's willful breach of thin Contract or Agent's gross ndgligence. Th)s Paragraph 13 228 shall survive Closing or termination ofthis Contract 227 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Sroksr advises Buyer and Seller to verify lProperty condition, square 228 footage, and all other facts and representations made pursuant to this Contract and to consult Appraprinta proresaionals for 229 legal, tax, environmental, and other specialized advice aonoorning matters affoeting the P iperty and the transaction 230 contemplated by this Contract. Broker represents to Buyer that Broker does not reside orr'', the Property and that all 221 representations oral,written or otherwise by Broker are based on Seiler representations or ublid records. BUYER AGREES 292 To RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGEWE9 FOR VERIFICATION 233 OP PROPERTY CONDITION,SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT POPIEERTY VA1,Ug;AND NOT 234 ON THE REPRESENTA71ONS(ORAL,WRITTEN OR OTHER WISE)OP BROKER, Buyer andd, Seller (individually. the 235 "Indemnifying Party") each individually Indemnifies, holds harmless, and releases Broker and Broker's officers, directors, 236 agents and ornpioyeas From all Ileblilty for loss or damage,including all costs and expenses, in imeonable attorney's fees at 237 all levels, suffered or Incurred by Broker and Broker's officers,directors, agents and employees n connection with or arising x313 from cfaimr;,damanas or causes of action Inlatltuted by Buyer or Seiler based on: (1)inaccuracy all informatran provided by the 239 indemnifying Party or from public records,(ii)Indemnifying party's misatatement(s)or failure to p0orm contractual obligations; 240 (iii))Brokers performanoe,at Indamnifying Party's raquast,of any tank beyond the ccopa of aervic4s regulated by Chapter 475, 241 F S. as amended, including Broker's referral, recommendation or retention of any vendor for, dr on behalf of Indemnifying 242 Party;(iv)products or services provided by any such vendor for,or on behalf of,Indemnifying Party;and(v)expenses incurred 2.13 by any sash+rsantlor, Buyer arid Bailer aeon dasumss ful I reepanelblllty far seleating and compensing their respectiva vendors 244 and paying their other casts render this Contract whether or not this transaction closes. This P ragraph 14 will not reG2va 245 Stoker of statutory obllgis ons under chapter 475,F.S.,as amended. For pu@oses of this Paragraph 14,Broxerwill be treated 2413 as a party to this Contract TN1iG Paragraph 14 shall survive Closing or termination of this Contract., 247 UEFAUL.T AND DISPUTE,RESOLUTION 248 15. DEFAULT: 249 (a) BUYER DEFAULT. if Buyer fails, neglects or refuses to perfbrm Buyer's obligations un 4_r this Contract, inalucnirig 250 payment of the Deposit,within the time(s)specified, Seller may elect to recover and retain t t Depostt for the de"unt of 251 Seller-as agreed upon ilquldated damages,consideration for execution of this Contract,and In full settlement of any claims, 262 whereupon Buyer and Sellerahail be relieved from all further obligations under this Contract,or Seller,at seller's option,may, 263 pursuant to Paragraph 16,proceed in equity to enforce Seller's rights under his Contract The ortlon of the Deposit,if any, 264 paid to Listing Broker upon default by Buyer,shall be split equally between Listing Broker and ilijoperiating Broker proviaed 269 however, Cooperating Broker's share shall not be greater than the commission amount Listirlp Broker had agreed to pay 256 to Coupsrating Broker. 257 (b) SELLER DEFAULT: If far any reason other than failure of Seller to make Seller's title rnarket*ile after reasonable diligent ass dffort, Stiller fails,neglects or refuses to perform Setter's obligations undarthis Contract,Buy may elect to receive return .259 cf Huynr's ❑aposlt without thereby waiving may action for damages resulting from Sellers breach, and, pursuant to 260 Paragraph 16,may soak to racavar much damages or seek specific performance This isara0ph 15 shall survive Closing 261 orlerminat3on of this Contract, 262 % DISPUTE RESOLUTION! unresolved controversies, claims and other matters In question betw n Buyer and seller arising 269 out of.or relating to,this Contract or its breach,enforcement or interpretatlon("Dispute")wlil be as led a9 follows: 264 (e) Buyer and Seller will have 10 days after the date conflicting demenda for the Deposit are ma i to attempt to resolve such ass Dispute,falling which,Buyer snd Sailer shall submit such Dispute to mediation under Paragra 116(b), 286 (b) Buyer and Seller shall attempt to settle Disputes In an amlcobte manner through mediation pharauent to Florida Rules far 267 Certified and Court-Appointed Mediators and Chapter 44,F.S.,as amended(the"Mediation Riles"),The medlator must be 260 cartifled or must have experience in the real otmate industry lNunctive relief maybe sought wilj,out first complying with this 289 Paragraph 16(b) Dlspute-s riot settled pursuant to this Paragraph 15 may be resolved by instituting action in the 270 appropriate court having jtulsdlctlan of the matter. This Paragraph 19 shall survive Ciosing or;rminatlon of this Contract, 271 17. ATTORNEYS FEES;COSTS: TMn partlea will split aquatly any rhediatioh fee incurred in any rediatlon permitted by this 272 Contract, and cacti party will pay their own costs, expenses and fees, Including attorney's fees Incurred in conducting the 273 mediation..in any litigation permitted by this Contract,the prevailing party shell be entitled to re ver from the men•pravaiting 274 party costs and tees,including reasonable attorney's fees,incurred in conducting the Iitlgatlon Thl i Paragraph 17 shalt survive 275 Closing or termination of this Contract 276 STAN12AR13S FOR REAL ESTATE TRANSACTIONS('STANDARDS") i 277 16. STANDARDS: 276 A. TITLE: 279 (1) TITLE EVIDENCE;RESTRICTIONS;EASEMENTS., LIMITATIONS: Within the time period provkled In Paragraph 9(c), the 2131) Title Commitment,with legiblo copian of instruments listed as ercoeptions attached thereto,shall be iss6d,and delivered to Buyer 201 Title Commitment shall set forth those matters to be discharged by Seller at or before Clooing nrlid shalt provide that, upon 282 recortling of the deed to Buyer,mn owner's policy of title Insurance in the amount of the Purchase Phbm, shall be Issued to Buyer tea Insuring Buyer's maromble title to the Real Property, subject only to the Following matters: (a) co irshensive land use plans, 284 2e11i11g, and other lend use restrictions, prohibitions and requirements Imposed by governmental, a thorlty: (b) restrictions and 205 matters appearing on the Plat or otherwise common to the subdlvislon;(c)outstanding oil,gas and mir rural rights of record without 288 right of entry:(d)unpletted public utility sassments of record(located contiguous to real property lines ind not more than 10 feet In PREPARED IM 9andrs BoprR Roattor Amolato Florida ReaiomMorida 3ar-ASIS-1. Rev.6110 02DIC Fterrda RealtorXS one Tho Maude Fear All P1211M Rescrmd Real FASTOSartaarn,*N11..VoWan Q i8.9nRwam Raaletarad to;Edward M Mayer.Bmslay a 1"vi flonas Brady Inc 9uyar(a) f54l27f14 19152:52 3ellegl)Sb S 0-t9 r 163 04128/2011 16:59 561-659-5446 BARCLAYS GROUP PAGE 07 04/29/2011 13:46 FAX 1 413 283 5132 NORTHERN TREE SERVICE 1J007/010 267 width se to rear or front lines and 7 112 feat in width as to side lines); (e) taxes for year of Closing lid subsequent years;and{f) 2,90 assurned mortgagees and purchase money mortgages,If any(if additional Items,attach addendum);Irovided, that,unless waived 268 by Paragraph 12(a),there exists at Closing no violation of the foregoing and none prevent use of thk Property for RESIDEPi fIAL 280 PURPOSES. If there exists at Cloeing any violation of Remo identified in (b)• ( above, then the dame shall be deemed a title 291 defect.Marketable title shall be determined according to applicable Title Standar s adopted by nuthbrity of The Florida Bar and in 292 accordance with taw. 2e3 (11) 71TLE EXAMINATION, Buyer shall have S days after receipt of Title commitment to examinej It and notify Seller in writing 284 specifying defact(s),if any,that render We unmarketable, if Seller provides Title Commitment and It i delivered to Bayer less than 2e5 5 days prior to Closing pate.Buyer may extend Clcsin for up to 5 days after date of receipt to exa Ina same in accordance with 29B this STANDARD A. Seller shall have 80 days ("Cure �erlod")after rosalpt of Suyar's notice to take reasonable diligent efforts to 297 remove defects, If Slayer W4 to so notify Seller, Buyer shall be deemed to have accepted title as it len is, If Seiler cures defects, 298 wlthfn Cure Period, Seller will deliver written notice to Buyer (with singular shall include plural and l)ne gander shell Include all. 299 Notice and delivery given by or to the attorney or broker representing any party shall be as proof oaf lure acceptable to Buyer end 300 Buyer's attorney) and the partlea will close this Contract on Closing Date (or If Closing Date has 1Eas00d, within 10 days after 301 Guyrsr's receipt of Seller's notice). If Seller is unable to cure defecfis within Cure Period, then Bu er may. within 5 days after 302 sxpiratlon of Cure Period,deliver written notice to Seller,(a)extending Cure Perioa for a speeltled irlod not to exceed 120 days 3x73 within which Seller shell continue to use reasonable diligent effort to remove or cure the defects(" tended Cure Period"),or(b) nod electing to accop:t title with existing defects and close this Contract on Closing: Date (or If Closing Date has passed, within the soy eerlier of 10 days after end of Extended Cure Period or Buyers receipt of Sellers notice),or(c)el np to terminate this Contract 906 and receive a refund of the Deposit, thereby releasing Buyer and Seller from all further ot4gstionsl under this Contract if after a07 reasonable diligent effort, Seller Is unable to timely cure defects, and Buyer does not waive thl defects, this Contract shall 308 terminate,and Buyer shall receive a refund of the 0 2posit,thereby releasing Buyer and Seller from al urther obligations under this 309 Contract, 310 B. SURVEY: If Surrey disolosas encroachments on the Real Property or that improvements located i'ieteon encroach on setback 311 lines, easements, or lands.of others; or violets any restrictions, covenants, or applicable governm ntal regulations described in 312 STANDARD A(1)(a), (b)or(d) above,Buyer shall deliver written notice of such matters.together wf I a copy of Survey, to Seller 313 within 5 days after suyor'a receipt of Survey,but no later than Closing. If Buyer timely dalhrera such notlm and Survey to Seller, 314 such matters idenIffied to the notice and Survey shall constitute a title defect,subject to cure ebllgtatio s of STANDARD A above,if 315 Seiler has delivered a prior survey,Seller shall,at Buyer's request, execute an affidavit of"no chang 10 the Real Property since nit the preparation of such prior survey,to the extent the afflrmatlone therein are true and correct. 317 C. INGRESS AND EGRESS-, Sallar topresents that there is ingress and egress to the Real Property and 0e to the Real Property 318 Is insurable In accordance with STANDARD A without exception for lack of legal right of access. r 315 D. LEASES: Seller shall,wllhln 5 days after Inspection Period,furnish to Buyer copies of all writte�leases and estoppel letters 320 from each tenant apecifyin®natum and duration of tenlanfa oacupancy, rental rates,advanced rent �1e!Security deposits paid by 321 tenant, and Income and expense statements for preceding 12 months("Lease Information'). if Sellef Is unable to obtain estoppel 322 letters from tenant(s),the same information shall be furnished by Seller to Buyer within that time period In the form of a 9eller'a us affidavit, and Buyer may thereafter contact temont(s)to confirm such information If terms of the Idibse(s) diner materially from 324 Seller's representations,Buyer may deliver written notice to Seiler within 5 days after mcoipt of lease�riformatlon,but no later than 3213 6 day®prier to Closing Date,terminating this Contract and receive a refund of the Deposit,thereby rel asing Buyer and Seller from 326 all further abligatiomr.under this Contract.Salter shall.at Closing. deliver and assign all original leesel; to Suyer who shall assume 327 Seller's obligation thereunder, 328 E. LENS: Seller shall furnish to Buyer at Closing an affidavit attesting; (t)to the absence of any fi�ancing statement,claims of 32,0 Ilan or potential Ilenors known to Seiler,and(Ii)that there Mave began no Improvements or repairs to tFla Real Property for SO days sea immediately preceding Closing pate, If the Reel Property has been improved or repalred within that,time, Seller shall dellver 331 releases or waivers of construction liens executed by all general contractors,subcontractors,auppiierg and material man in addition 332 to Seller's lien aMdavlt setting forth names of all such general contractors, subcontractors, suppll&s and mats6almen, further 333 affirming that all charges for improvements or repairs which could serve as a basla for a construcitiori lien or a claim ror damages 334 have been paid or will be paid et Closing. 335 P. TIME: Calendar days shell be used in computing time periods Any time periods provided for in this Contract which shall end 328 an a Saturday, Sunday,or a national legal holiday(see 5 U-S.C.6103)shall extend to 5:00 p,rn.(where the Property is located)of 337 the next business day.Time is oFthe essence In this Contract. l 338 G. PORCE MAJEURE. Buyer or Seller shall not be required to perform any obligation under thla Contract or be liable to each 339 other for damages so long as performance or nort-performance of the obligation Is delayed,caused or revented by Force Majoure. 340 "Force Majeure"means:hurricanes.earthquakes,floods_fire,srta of God,unusual transportation del ys,wars. Insurrections, acts 341 of terrorism, and any other cause not reasonably within control of Guyer or Seller, and which, by exbrelse of reasonable diligent 342 effort, the non-performing party W una:bla in whole or to part to prevent or overcome.All time periods including Closing Date,will 343 be extended for the period that the Force Majeure prevents performance under thls Contract, provi ed, however. If such Farm 344 Majeure continues to prevent performance under this Contract more than 14 days beyond Closing Date, Men either party may 346 terminate this Contract by delivering written notice to the other and the Deposit ghalf be refunded to B 'er,thereby ralanli ft Buyer 348 and Seller from all furtherobllgations underthis Contract, 347 H. CONVEYANCE: Seller shall convey marketable title to the R01 Property by statutory +ranty, trustae'9, personal 049 representstvera, or guardlari's deed,as appropriate to the status of Seller, subject only to matters described In STANDARD A end 349 those accepted by Buyer.Personal Property shall,at request of Buyor. b?transferred by absolute blilluf sale with warranty of title, 360 subject only to such masters as may be provldod for In tills Contract. 3s' T. CI_OSTNC3 LOCATION;DOCUMENTS;AND PROCSDURE: 352 Q) LOi!AI ION; Closing will take place in the county where tho Reel Property is located at the o0ca of thL, attamoy or other PPFPAfM0 BY.,san0m 9a aam Ramat Aaeaalato Florida Real=(Flotlda aer-ASIS-1, Rev 0110 iC2010%tldd Rocltarl;O ana'i he Florda bar 471 Riilhta Reserved ReelFAS r4D SoTtnuro..+0201'1.veralan 516 5oltmrP Regletamd ta;1s&VaM M-Moyer,BarclOy'e Inr■meHonnr Rwn4[y Inc WOW 18;53,82 R61r�age B of 164 84/28/2011 16: 59 561-659-5446 BARCLAYS GROUP PAGE 06 na/2B/2011 13.47 FA): 1 413 283 5132 NORTHERN TREE SERVICE �D08161G 953 closing agent;("Closing Agent") designated by the party paying for the owner's policy of title lnsur�nce, or, if no title insuranca, 864 designated by Sailer.Closing may be conducted by mall or electronic means. sss (II) CLOSING DOCUMENTS: At Closing, Seller shall furnish and pay for, as applicable, deed, bill off sale, certificate of title, 398 construction Ilan affidavit, owner's possession affidavit, assignments of Iansoa, find corrective ingl:ruments. Seller shall provide 367 Buyer with pals receipts for all work done on the Property pursuant to this Contract.Buyer shall furnluh and pay for, as applicable, 358 mortgage, mortgage note, security agreement, f mmcing statements, survey, base elevation certifiratlon. and other documents aye required by Duyer's lender, 360 (Iil) PROCEDURE; The deed shall be recorded upon COLLECTION of all closing funds, If the Title Commitment providers 361 insurance against adverse matters pursuant to Section 627,7841, F,S., as amended, the escrow losingg procedure required by 302 STANDARD J shall be waived,and Closing Agent shall, subject to COLLECTION of all atdsing fu4ds, disburse at Closing the M brokerage tees to Broker and the not sale proceeds to Seller. 3G4 J. ESCROW CLOSING PROCIEDURIE: If Title Commitment issued pursuant to Paragraph 9(c) des not provide for Insurance 365 against adverse matters as permitted under Section 627,784.1, F 5.., es amended, the fallowing a crow and closing procedures 306 shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 10 days efter 367 Closing;(2)if Seller's title is rendered unmarketable,through no fault of Buyer,Buyer shall,within th 10 day period,riot'y seller in 2198 writing of the defect and sailer shall have 30 days front date of receipt of such notification to cure Ie defect;(3)If Seiler fella to 365 timely cure the defect, the Deposit and all Closing funds paid by Buyer shall, within 5 days after 4'rltien demand by Dwyer, be 570 refunded to Buyer and, simultaneously with such repayrnerit,Buyer shall return the Personal Prop" vseate the Real Property and 371 re-aonv%r the PropRRy to Selzer by special warranty deed and bill of sale;and(4)if Buyer frall2 to ma a timely demand for refund of 372 the Deposit, Buyer shall take title as Is,waiving all rights against Seller as to any irttorvnning defect ><cept as may be ovailabla to 373 Buyer by virtue of warranties contained In the deed or bill of sale. 375 K. PRORATIONS,CREDITS- The fallowing recurring items will be made currant(If applicable)and prorated as of the day prior to 376 Closing Date, or date of occupancy If occupancy occurs before Closing Date° real estate taxes Including special beneflt tax 370 assessments Imposed by a CDD),Interest,bonds, association fees, insurance. rents and other expenses or Property Buyer shall 377 have option of taking ovor 645ting policies of insurance,If assumable,in which event prerr,lumc chat Se prorated. Cash at Closing 378 shall be increased or decreased as may be required by prorations to be made through day prior tk Closing,Advance rent and 378 security depo5it5,If any,will be credited to Buyer. Escrow deposits held by Sollar's M01100g$g will be paid to Seller.Taxes shall be 360 prorated based on current year's tax with due allowance made for maximum allowable discount,hamWead and other exemptions. 381 If Closing occurs on a date when current year's mlllage Is not fixed but currant year's Management is arballsble,taxes will be prorated 382 based upon such assessment and prior year's mlllage If current yeses assessment is not available,43ien taxes will be prorated an 384 prior year's tau,if there are completed Improvements on the Real Property by January let of year of :lowing,which improvements 306 wore net in w4stence on January tat of prior year,than taxes shall be prorated based upon prior yea s millsge and at an equitable 389 assessment to be agreed upon bsatwnnn the partiss,failing which, request shall be made to the Cou ,ty Property Appraiser for an 397 informal casesermant taking into account available exemptions,A tax proration based on an esilrnate /hall,at either parry's request, 388 be reiadjusted upon receipt of cu,7antyear's tax bill.This STANDARD K shall survive Closing, i 389 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSMTIONS, AND WALK-THNOUG H: Seller shall, upon $80 reasonable notice, provida uIllities service end access to Property for appraisals and Inspections,lincluding a walk-through(or 391 follow-up walk-through if necessary)prior to Closing. 382 M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by fire or other casualty ("Casualty Lear,") 393 and coat of restoration(whir tr shall include cost of pruning or removing damaged trees)does not exeed 18%of Purchase Price, 384 coat of restoration shall be an obligation of Seller and Closing shall proceed pursuant to terms of this Contract. If restoration Is not 395 completed as of Closing, a sum equal to 1250%of estimated cost to complete restoration(not to ex red 1,5%of Purchase Price), 39B will be escrowed at Closing, if actual cost of restoration exceeds eaerowad amount,Seiler shall pay�uch ractuel casts(hut, not In 397 excess of 1.5% of Purchase Price). Any unusad portion of escrowed amount shall be returned to 5ellar, If cost of restoration a98 e=a8dg 1,5%at Purchase Pnca,Dwyer shall elect to either take Property"as Is"together with the 1 %.or receive a refund of the sae Deposit thereby releasing Buyer and Geller from all further obligations under this Contract. Sellers dale obligation with respect to 400 tree damage by casualty or other natural occurrence shall be cost of pruning or removal. ; 401 N. 1031 EXCHANGE: if either Sailer or Buyer wish to enter into a like-kind exchange (either s rnultanedue with Closing or 402 deferred)udder Section 1031 of Ma internal Revenue Code("Exchange"),the other party shall cooperate m all reasonable respects 405 to etfactuate the Exchange, Including execution of documents; provided, however, cooperating pity 0911 incur no liability or 404 expense related to the Exchange,and Closingg shall not be contingent upon,nor extended or delayed ,f,such Exchange. 805 0. CONTRACT NOT RECORDABLE;PERSONS BOUND, NOTICE;COPIES: Neither this Contra :nor any notice of it shall be ,1011 recorded In any public records.This Contract shall be binding on,and Inure to the benefit of,the part es and their respective heirs 07 or successors in interest.Whenever the context permits, singular shall include plural and one gentle shall include alf. Notice and 406 delivery given by or to the attorney or broker (Including such broke('s real estate licensee) representing any party shall be as 409 efliective as If given by or to that party.Ali notices must be in writing and may be made by mall p Isonal delivery or electronic 410 (fnoiuding"pct")media,A legible facsimile or electronic(Including"pelf')copy of this Contract ast an slghaturo5 hereon shall be 411 considered for all purposes as are original 412 P. INTEGRATION; MODIFICATION, This Contract contains the full and complete uneserstanding gild agreement of Buyer and 473 Salter with respect to the transaction contemplated by this Contract and no prior agreements or rep esentations shall be binding 414 upon Buyer or Seller unless Included In this Contract, No mcdificatlon to or change In this Commas :all be valid or binding upon at 6 Buyer or Seller urflt:ss In writing and executed by the parties Intended to be bound by IL 416 Q. WAIVER: Failure of Buyer or Seller to insist or1 compliance with,or strict performance of,any prbvlslon of this Contract,or to 417 take advantage of any rlght under this Contract,shall not constltute a waiver of other provisions or rlghks. 418 R. RIDERS;ADDENDA; TYPEWRITTEN OR HANDWRITTEN Pi OMION6: Riders, addenda, arib typewritten or handwritten 816 provlaionix shell control all printed provisions of this Contract in cnnfiictwith them PR6PAHGt7 6T.8rrrrlra 6ap■rc,itwarear aoaaalarx ' FICHda R■allnrfUMOH&O gar•ASIS-1, Rev,8fh4 02070 Florida Roaltvrrm and Thr,Fronde gar All Rights Reserved REWFASTO Setlwara.m2011.Virden 9 Ill 9d"M AW91 amd to;Edward M Mayer.9amlay'a rntmrnntranat Realty fns oar2,111 19:63:52 Pa98 7 era 9uyer<s) 9dEerta) 165 04/29/2011 16:59 551-659-5446 BARCLAYS GROUP PAGE 09 o4/Z8/x011 13 48 FAX 1 413 283 5132 NORTHERI'l TREE SERVICE 0o5/010 i I i 42D S, COLLECTION or COLLECTED-"GOLLEMON"or"COLLECTED"means any Checks tend6red or vaceived,Including 421 lted In the account of Eacro{yAgent or Closing Agent. 422 Cfosing anal dietsurserttent of funds and d®livery n# Closing doculments may be delayed byl Closing Agent until such 423 amounts hev8 bean CgLLI:CTIeD in G)osing Ag®it's acaaunts. a24 by tho lender setting Forth t4 terms and oonditlons upon 425 which the lender iSwilling to make a articular mortgage loan to a particular borrower, 428 U. APPLIGABLE L4tAl AND VENUE: This Contract shall be cnngtrued In accordanaa with the l* of the State of Florida and 427 venue Far resolutlan Df all disputes.whether by mediation,arbitration or litfgntinn,shall lie In the countli in which the Reel Property 42B ia100at0d, 429X. BUYER WAIVER OF CLAIMS: Buyaar walyaa any claims against seller and,to the eslMaent rood by raw,agafnal'any 43U mat estate ffeensee fnvtlhmd itr the Rego"Afte R athtt CoarMCt for any defects or other dam that May artist of closing 431 of�ttis contraer and be saboaquen4ly dlseovered by the Buyer or anyone clalmIng by, th rtgh, under or against the 432 RUyer. 423 ADDENDA AND ADDITIONAL TERMS ! 4�4 19, ADORNDA: The following additional terms are included In the attecned addenda and Int©rporate4l into ihls Contract (Check It 435 fppnCable): I ( J A. Condominium Assrr 0 L. RESERVED ❑R. Rezoning Cl Y. Bellara Attorney ©S Homeowners'Assn. 13S. Lease Purehasef Approve C. SeilerFinanaing M.defeotiveDrywall Lease Option ©z. Buyers 1nrney D7 MortgageAssumptlon N. Coastal construction ❑T.. Pre-Closing Approva 1--)E. FHAIVA Flnencing Control Llne Occupancy C]AA Ucense Personal D F Appraisal ODntingency ®a insul31IDnDIsclosure El U. Posl~Cloaing Interestlhh Property 0 0. Short Sale ❑P. Pre-1976 Housing Occupenrry ❑BB.Binding4rbitration CH. Homeowners'insurance Statement(Lean D v. Bala of Buyal's ( Other i ©1. FIRPTA Smal:d Pafnt) Property a D J. Interest-Bearing Acat. ©4 Housing for Older El W, Bach-up Contract n/ffi .. ❑K RESERVED Persons ©X, KicK-out Clause 8 E ass 20, ADDITIONAL TERMS: Z=R A=ZS To FA!r ALL TIC = VOC SIAM GDaTB FM CLOG= as WSLL AS 96 cm", excv TO EWMCAYs I19 1tN'CZQ= FZAL=, nM TR P3{CFIMGE r'CCR 1?R0?0Zltr£Y W%2H Chit& TTT= Q7 COUNTER-OFFEwRIREJECTION I aas- © Seller countert Buyer's offer(to accept the counter-offer, Buyer must sign or initial ins counted offerad terms and deliver s 436 copy of the ecceptanoe to Seller). 44V D Seller rejects Buyers offer. 441 THIS IS INTENDED TO IRS A LEGALLY BINDING CONTRACT. IF NOT FULLY UNbERSTOOD, 6EK THE ADVICE OF AN 442 ATTORNEY PRIOR TO SIGNING. aa3 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR 444 Approval of th)s form by the Florida Assf m and ThO Florida her does not constitute an opinf04 that any of the terma and ass eendltions In thfa Contract should bs aaaapted by the parties In a particular transacUon.Terms and co dlfions should be negodered sae besadupon the respsctivelnt @resfs,ot ecttves and bsrgsfnfngpDsltionsofaftfnrersstacrpatsons adz AN ASTE=RISK (1) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE ClgTAIN5 A BLANK TO BE "a COMPLETED E = �}t & IPNZL sa I 6° 7 g PRIM WACrz ass Buyer's eddreas for purposes of native Seller's eddreaa for purposes of hotice 4bM n rr a 461' rr/a is/a 482• MIA 159CPArAM BY:sands Bogor;RaAIEar Aaaoelato Ffe€len RmeltorSlFlarfd9 Bar-A9lSt, Rev.8110 072010 Florida Rertltalt ottd The F1C1ddG Bar A9 RlghM Reserved Roa1RA`u safhroia,=011,Verelan a 16,soRhWro Raglmred m;Edward M.Mayor,Bumay's Intemnibnal Reory rne. 1 04177111 15:53:32 t Page B ar9 , i 166 l 64/28/2911 16:59 561-659-5446 BARCLAYS GROUP PAGE 10 04/213/2911 13: 48 FA); 1 413 283 5132 NORTHERN TREE SERVICE Qj�10J01D A53 BROKIRM, Listing and Cooperating Brokers, if any, named below! (collect}vely, "Broker"), are rho only Brokers entitled to 454 =MPr't9aation In eonMeetian VAN this Cansl'aet, Instructlon to Closing Agent Seller and Buyer dire Closing Agent to disburse at 455 Ciesirlg the full amount of the brokerage fees as specified in separate brokerage agraaenleMM WD the parties and cooperative 450 agreements between the Bakers,except to the extent Broker has retained such faaD from the escroi ved funds,This Contract stlail 487 not rnodity any MLS or other offer of compensation made by Seller or Listing Broker to Cooperating jrokers 4W XMI&ZZ at vex-MM M n 458 Cooperating Sales Associate,If any Llstlnrg Sal@&Armaniate 46D' gAitCtM8 Zt3'i' TZRt77a� g 21t,TY n a 4e1 Cooperating Broker.If any Listing Broker i, i FREWARED BYr eandnr 9epae�Raafbor Aeaaolato Morlda ReelmralFlorida Bar—AM-1, Rav:VII 02010 Markle Realtorsto ono The Fic oda Bar All filp3rts Resanred ReWFASTM So"m,02011,®2011,v6falon 8,76.Softwam R9glBWmd ta;FOWard hi.Mmiar,Bomiay'n Intamntlmlal RaHitY rnr, ByYerjSl Da/27111 19'53;52 Cunt 9 of 9 ""— 9ellel�s) r 167 { Sotheby's international Realty 340 Royal Poinclarta Way Suite 337 Palm Reach, Fl_ 33486 Phone., 561-659-3555, Fax. 561-655-2359 "AS IS" Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR 1 PARTIES: Town of Palm Beach 2 ("Seller"),and Anthony F.Cummings 3 ('Buyer"),agree that Seiler shalt sell and Buyer shall buy the following described Real Property and Personal Property(collectively Property`) pursuant to the lerrrts and conditions of this AS IS Residential Contract For Salo And Purchase and any riders and 5 addenda ("Contract"): 6 f. PROPERTY DESCRIPTION: 7' (a) Street address, city,zip: 110 Antler Ave.,Palm Burch,FL 33180 a• (b) Property Is located in: Palm Beach County,Florida, Real Property Tax ID No: 50 93-43.03-03-000.0062 A 6' (c) Legal description of the Real Property,.OCEAN TERRACE W 90 FT OF LT 8 10 together will)all existing Improvements and fixtures, Including built-In appliances, built-In furnishings and attached wall-to- 11 wall carpeting and flooring("Real Property')unless specifically excluded below. 12 (d) Personal Property: The following Items owned by Seller and existing on the Property as of the date of the Initial offer are 13 included In the purchase("Personal Property'); (1)range(syoven(s),dishwasher(s), disposal,celling fan(s),Intercom,light 14 fixtures, rods,draperies and other window treatments, garage door openers, and security gate and other access devices; 15 and (il)those additional Items checked below. If additional details are necessary,specifybelow• if left blank, the Item 16 below Is not Included: tt11 Refrigerators) I t Smaka detoctor(s) Pool bar6erlfence Storage shed Microwave oven Security system Poolequlpmenl TV antennarsatelliledish Washer Win davrluwaila/c Pool heater Water saftencrlpuritler Dryer El Generator Spa or hot tub%vitllheater Slotmshullersandpaneis Standalone io3 maker Above ground poet H 1 17 The only other items of Persona! Property Included In this purchase, and any additional details regarding Personal 18 Property,If necessary, are: 19 Persona!Property is Included In the Purchase Price,has no contributory value, and shall be left far the Buyer. ! 20 (e) The following Items are excluded from the purchase: 21` 2, PURCHASE PRICE: {U.S.currency): .. . , .. ., $ 950,000.00 22' (a) Initial deposit to be held In escrow in the amount of (checks subject to COLLECTION) $, 6.000.00 - 23 The Initial deposit made payable and delivered to"Escrow Agent"named below era• (CHE=CK ONE):❑accompanles offer oro 1s to be made upon acceptance(Effective hate) 25' or Ols to be made within 3 (If blank, than 3)days after Effective Date 26• Escrow Agent Information: Name. Sohchy's fruernatlonal Realty 271 Address: 340 Rnial Poluclanit W Phone; ,561)659-3"x55 20' E-mail: Fax: -.5019 29• (b) Additional deposit to be delivered to Escrow Agent within 2� _. ._(if blank, then 3) 30' days after Effective kale. . . .. .. __ .. ... ... .... .. .. . . $ 90.000,00 31 (Ali deposits pakf or agreed to be paid,are colloctively referred to as the"OeposIt') 32' (c) Financing: E=xpress as a dollar amount or percentage("Loan Amount")see Paragraph 8 33' (d Other., $_ 34 (e) Balance to close(not Including Buyer's closing costs,prepalds and proralions)bywire transfer 35" orother COLLECTED funds. 5 855,000.00 36 NOTE.For the definition of"COLLE=CTION"or"COLLECTED"see STANDARD S. E COY Florida Rea)forslFWrkia Hnr-ASIS-t, Rov 6110 p2010 Pfadda Reattors0 and 7ho Elartda Bar N4 Rights Reserved RoaiFA$TO Softvara.Ago 10,Verslon 6 1e Software Registered to:Jenny Jones,Solhaby's Iniernattonal Realty eCALT00 09127110 16:26:M Pape 1 or 4 euyer(s) ._ Seller($) _..- 168 37 3, TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 5.80 pin EST,Apr€I 811),2011 38, (a) If not signed by Buyer and Seller,and an executed copy delivered to all parties on or before - s9 this offer shall be deemed withdrawn and the Deposit,If any,will be returned to Buyer Unless otheRvlse staled,time for 40 acceptance of any counter-offers shall be with€n 2 days after the day the counter-offer is delivered. 41 (b) The effecthre date of this Contract will be the date when the last one of the Buyer and Seller has signed or Initialed this 42 offer or final counter-offer("Effective Date"), 43 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shelf occur and the 44 dosing documents required to be furnished by each party pursuant to this Contract shall be delivered ("C(osing") on 46' M,1y fith.2al I ("Closing Date"),at the time estabilshed by the Closing Agent. 46 5, EXTENSION OF CLOSING DATE; 47 (a) If Closing funds from Buyer's lender(s) are not available at time of Closing due to Truth In lending Act (TILA) notice 48 requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements, not to exceed 7 49 days. I 60 (b) It extreme weather or otlier condition or event constituting"Force fvlajeure"(see STANDARD G)causes: (h)disruption of 51 utilities or other services essential for Closing, or (€I) Hazard, Wind, Flood or Homeowners' Insurance, to become 52 unavailable prior to Closing,Closing will be extended a reasonable time up to 3 days after restoration of utilities and other 63 services essential to Closing, and avallablRy of applicable Hazard, Wind, Flood or Homeowners' Insurance- if restoration 54' of such Willies or services and availability of Insurance has not occurred within (if left blank, 14)days after 55 Closing Date,then either party may terminate this Contract by delivering written notice to the other party,and Buyer shall be 5G refunded the Deposit,tllereby releasing Buyer and Seller from all further obligatlons under this Contract. 57 6, OCCUPANCY AND POSSESSION: Unless otherwise stated herein, Seller shall,at Closing, have removed of personal Items 50. and trash from the Property and shall deriver occupancy and possession, along with all keys, garage door openers, access 50 devices and codes,as applicable,to Buyer If Property is Intended to be rented or occupied beyond Closing,the fact and terms 80 thereof and the tanant(s)or occupants shall be disclosed pursuant to STANDARD D. If occupancy is to be delivered before 51 Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance r2 from that date,and shall be deemed to have accepted Property In Its existing condition as of time of taking occupancy. 63 7. ASSIGNABILITY,(CHECK ONE) Buyer[, may assign and thereby be released from any further liability under this Contract; 64' may assign but not be released from liability under Oils Contrac4 or may not assign this Contract. G5 FINANCING 66 ti, FINANCING: 67' FV�(a) Buyer wNI pay cash or may ol)taln a loan for the purchase of the Property. There Is no financing contingency to Buyer's 65 obligation to close. r—t 68' ❑(b) This Contract is contingent upon Buyer obtaining a written loan commitment for a Oconventional QFHAD VA loan 10' on the following terms within __.—(if blank,then 34)days after Effective Date("Loan Commitment Date")for: 71' (CHECK ONE):❑fixed,❑ad)ustable,ofixed or adjustable rate loan in the principal amount of$ 72' or , %of the Purchase Price,at an initial Interest rate not to exceed °/a(if blank, then prevailing rate 73' based upon Buyer's creditworthiness ),and for a term of.—--years("Financing") 74' Buyer will make mortgage loan application for the Financing within (if blank,then 5)days after Effective Date 75 and use goad faith and dRigent effort to oblaln a written loan commitment for the Financing("Loan Commitment")and 75 dose this Contract.Buyer shall keep Seller and Broker fully Informed about the status of mortgage loan application 77 and Loan Commitment and authorizes Buyers mortgage broker and Buyer's lender to disclose such status and , 711 progress to Seller and Broker, 79 If Buyer does not receive Loan Commitment, then Buyer may terminate this Contract by delivering written notice to 80 Seller, and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations 81 under this Contract 82 If Buyer does not deliver written notice to Seller of receipt of Loan Commltment or Buyer's written waiver of this 03 financing contingency, then after Loan Commitment Date Seller may terminate this Contract by delivering vuitten e4 notice to Buyer and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further 85 obllgallons under this Contract. 86 If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract does not thereafter close,the a7 Deposit shall be paid to Seller untess failure to dose is due to:(1)Settees default;(2)Property related conditions of the as Loan Commitment have not been met (except when such conditions are+valved by outer provisions of this Contract); 89 (3)appraisal of file Properly obtained by Buyer's lender is tnsuificient to meet terms of the Loan Comrnlment;or(4) 90 the loan Is not funded due to financial failure of Buyers lender, In which event(s)the Deposit shall be returned to 91 Buyer,thereby releasing Buyer and Seller from all further obligations under this Contract 92' ❑ tc) Assumption of existing mortgage(see rider for terms). 93• El Purchase money note and mortgage to Seller(sec riders;addenda;or special clauses for terms). 94 CLOSING COSTS,FEES AND CHARGE=S 95 9. CLOSING COSTS;TFTLE INSURANCE;SURVEY;HOME WARRANTY; SPECIAL ASSESSMENTS: 95 (a) COSTS TO BE PAID BY SELLER: •Documentary stamp taxes and surtax on deed,if any •HDAICondeminlum Association estoppel fees •Owner's Policy and Charges (Of Paragraph 9(c)(1)Is checked) •Recording and other fees needed to cure title •Title search charges(if Paragraph 9(c)(111)is checked) •Setter's attorneys'fees Other: — -- --�— Florida ReallaWFiodda But-ASISI, Rev Oise 02010 FloWa Roailorso and The Florida Bar NI Rr6hss Reserved Realf`MTO software.02010,Varslan 6 16 6arriware Ropl3tored w Jenny Jona,,Sothobys Inlornational Really paBp 2 or 0 09122/f6 56:26:38 snlftu(s) Buyer(s) 169 97 If, prior to Closing,Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a sum equal 98 to 125%of estimated cost to meet the AS IS Maintenance Requirement shall be escrowed at Closing.. If actual costs to 99 meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay such actual costs. Any unused 100 portion of escrowed amount shall be returned to Seiler. 101 (b) COSTS TO BE PAiD BY BUYER: •Taxes and recording fees on notes and mortgages Loan expenses •Recording fees for deed and financing statements •Appraisal fees •Owner's Policy and Charges (If Paragraph e(c)(ti)is checked) •Buyer's Inspections •Survey(and elevation certification,if required) •Buyer's attorneys fees •Lender's title policy and endorsements •All property related insurance •HOAICondominium Association application/transfer fees •Other: 102• (c) TITLE EVIDENCE AND INSURANCE: At least 15 (if blank, then 5) days prior to Closing Date, a titio Insurance 103 commitment issued by a Florida licensed title Insurer, vAlh legible copies of Instruments listed as exceptions attached 104 thereto("Fitle Commitment")and, after Closing,an owner's policy of title Insurance(see STANDARD A for terms)shall be 105 obtained and delivered to Buyer. If Seller has an owner's policy of title Insurance covering the Reel Property, a copy shall 146 be furnished to Buyer and Closing Agent within 5 days after Effective Date.The owner's title policy premium and charges 107 for owner's policy endorsements, title search, and closing services (collectively, "Owner's Policy and Charges")shall be 108 paid,asset forth below 109 CHECK ONE): 110' Q)Seiler will designate Closing Agent and pay for Owner's Policy and Charges(but not including charges for closing 111 services related to Buyer's iender's polloy and endorsements and loan dosing,which amounts shall be paid by Buyer to 112 Closing Agent or such other providar(s)as Buyer may select);or 113' ❑ (it) Buyer wig designate Ctosing Agent and pay for Owner's Policy and Charges and charges for dosing services 114 elated to Buyer's tender's policy,endorsements, and loan closing;or 115• (] (ill) [MIAMI.DADE/B ROWARD REGIONAL PROVISION,]: Seiler will furnish a copy of a prior owner`s p01lcy 0f title 116 insurance or other evidence of We and pay fees for; (A) a continuation or update of such title evidence, which Is 117 acceptable to Buyer's title Insurance underwriter for reissue of coverage;(B) tax search;and (C)municipal lien search 1111 Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's owner's policy, and If applicable,Buyer's 119• lender's policy.Seller shall not be obligated to pay more than$ ,,,.,,,_„(if blank, $200.00)for abstract continuation 120 or title search ordered or performed by Closing Agent 121 (d) SURVEY; At least 5 days prior to Closing,Buyer may,at Buyer's expense,have the Real Properly surveyed and certified 122 by a registered Florida surveyor("Survey") If Seller has a survey covering the Real Property, a copy shall be fumished to 123 Buyer and Closing Agent within 5 days after Effective Date. 124• (e) HOME WARRANTY: At Closing, ❑ Buyer ❑ Seiler 0 (CIA will pay for a home warranty plan issued by 125• at a cost not to exceed$ . A home warranty plait provides for 126 repair or replacement of many of a home's mechanical systems and major built-In appliances in the event of breakdown 127 dale to normal wear and tear during the agreement's warranty period. 1211 (f) SPECIAL ASSESSMENTS: At Closing, Seller will pay:(1)the full amount of liens imposed by a public body("public body" 129 does not Include a Condominium or Homeowner's Assoolalfon) that are certified,confirmed and ratified before Closing; 130 and (11)the amount of the public body's most recent estimate or assessment for an Improvement which Is substantially 131 complete as of Effective Date, but that has not resulted In a lien being imposed on the Property before Closing, Buyer will 132 ay all other assessments If special assessments may be paid In Installments (CHECK ONE): 133• 1] (a) Seller shall pay installments due prior to Closing and Buyer shall pay Installments due after Closing. 134 Installments prepaid or due for the year of Closing shall be prorated, 135• Q (b) Seller shall paythe assessment(s)In full prior to or at the time of Closing, 136 IFNEITHER BOX IS CHECKED,THEN OPTION(a)SHALL BE DEEMED SELECTED. 137 This Paragraph 9(f) shall not apply to a special benefit tax hen Imposed by a community development district (CDD) 136 pursuant to Chapter 190 F.S.whloh lien shall be treated as an ad valorem tax and prorated pursuant to STANDARD K 139 DISCLOSURES 140 10, DISCLOSURES: 141 (a) RADON GAS: Radon Is a naturally occurring radioactive gas that, when it Is accumulated to a building in sufficient 142 quantities, may present health risks to persons who are exposed to It over time. Levels of radon that exceed federal and 143 state guideiilies have been found to buildings In Florida, Additional Information regarding radon and radon testing may be 144 obtained from your county health deparlment 145 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Sellarto Buyer In a written disclosure,Seller does 145 not know of any Improvements made to the Property which wore made without required permits or made 147 pursuant to permits which have not been properly closed. 145 (c) MOLD: Mold Is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires 149 additional Information regarding mold,Buyer should contact:an appropriate professional, 150 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer Is advised to verify by elevation certificate which flood zone the 151 Property Is In,whether flood insurance is required by Buyer's lender, and what restrictions apply to improving Die Property 152 and rebuilding In the event of casualty. If Property Is in a"Special Flood Hazard Area"or`Coastal High Hazard Area"and 153 finished floor elevation Is below minimum flood elevation, Buyer may terminate this Contract by delivering written notice to 154 Seller within 20 days after Effective Date, falling which Buyer accepts existing elevation of buildings and flood zone 155 designation of Property 156 (0) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure required by Florida Roan[orsfFlorlda oar ASIS-1, Rav 6110 172010 Florida RoalforsO and Tho Florida Bar All REglhls Resorved RealFA$TO Software,®2010,VoftlOn 6.16.Sortwaro Registered lo:Jenny Jones,Sotheby's Inlornallonal Really 09122/10 16,26:38 S041(c) page 5 or e 170 157 Section 553.996,F.S. 156 (f) LEAD-BASED PAINT: If Property Includes pre-1978 residential housing,a lead-based paint rider is mandatary, 159 g} HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS CONTRACT 160 UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASS OGIATIONiCOMMUNITY DISCLOSURE, IF 161 APPLICAi3LE,, € 162 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY 163 TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIt9ATED TO PAY IN THE YEAR 154 SUBSEQUENT TO PURCHASE:. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS 155 REASSESSMENTS OF THE PROPE=RTY THAT COULD RESULT IN HIGHER PROPERTY TAXES, IF YOU HAVE ANY 166 QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR 167 INFORMATION. 16B (€) TAX WITHHOLDING: If Seller Is a "foreign person" as defined by the Foreign Investment In Real Property Tax Act 169 ('FIRPTA'), Buyer and Seller will comply with FIRPTA,which may require Sellerto provide additional cash at Closing 170 (J) SELLER DISCLOSURE: Seller knows of no fads materially affecting the value of the Real Property which are not readily 171 observable and which have not been disclosed to Buyer Except as stated In the preceding sentence or otherwise 172 disclosed In writing: (1)Seller has received no written or verbal notice from any governmental entity or agency as to a 173 currently uncorrected building,environmental or safety code violation;and (2)Seller extends and intends no warranty and 174 makes no representation of any type,either express or implied,as to the physical condition or history of the Property. 175 PROPERTY MAINTENANCE, CONDITION,INSPECTIONS AND EXAMINATIONS 176 11, PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casually Loss, Seller shall maintain the Property, 177 including, but not limited to, lawn, shrubbery, and pool, In the condition existing as of Effective Date ("AS IS Maintenance 178 Requirement"). 179 12. PROPERTY INSPECTION;RIGHT'TO CANCEL; 460 (a) PROPERTY INSPECTIONS AND RIGHT TO CANCEL. Buyershall have 20 (if Blank, 15)days from Effective tat pate("Inspection Period")within which to have such Inspections of the Property performed as Buyarshall desire 182 during the Inspection Period. 1f Buyer determines,In Buyer's sole discretfon, drat the Property Is not acceptable 183 to Buyer, Buyer may terminate this Contract by delivering written notice of such election to Seller prior to 184 expiration of Inspection Period. if Buyer timely terminates this Contract,the Deposit paid shall be Immediately 155 returned to Buyer, thereupon, Buyer and Seller shall be released of all further obligations under this Contract; 186 however, Buyer shall be responsible for prompt payment for such Inspections, for repair of damage to, and 167 restoration of, the Prop arty resulting from such Inspections,and shall provide Seller with paid receipts far all work 188 done on the Property(the preceding provision shall survive termination of this Contract). Unless Buyerexerclses 189 the right to terminate granted herein,Buyer accepts the physical condition of the Property and any violation of 190 governmental, building, environmental, and safety codes, restrictions, or requirements, but subject to Seller's 191 continuing AS IS Maintenance Requirement, and Buyer shall be responsible for any and all repairs and 102 Improvements required by Buyer's lender. 193 (b) WALK-THROUGH INSPECTIONIRE•INSPI CTION; On the day prior to Closing Date, or on Closing Date prior to time of 164 Closing,as specified by Buyer, Buyer or Buyer's representative may perform a walk-through(and follow up walk-through, 105 if necessary) Inspection of ti16 Property solely to confirm that all items of Persona[ Property are on the Property and to 196 verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement and has met all other 197 contractual obligations. 198 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: It Buyer's slspedlon of the 199 Property Identifies open or needed building permlts, then Seller shall promptly deliver to Buyer all plans, written 200 documentation or other information in Seller's possession, knowledge,or control relating to Improvements to the Property ; 201 which are the subject of such open or needed Permits, and shall promptly cooperate in good faith with Buyer's efforts to 202 obtain estimates of repairs or other work necessary to resolve such Permit Issues. Seller's obligation to cooperate shall 203 Include Seller's execution of necessary authorizations, consents, or other documents necessary for Buyer to conduct 204 Inspections and have estimates of such repairs or work prepared, but In fulfilling such obligation, Seller shall not be 205 required to expend,or become obligated to expend,any money. 206 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost,Seller will, 207 at Closing, assign all assignable repair,treatment and maintenance contracts and warranties to Boyer, 208 ESCROW AGENT AND BROILER 209 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively"Agent")receiving the Deposit,other funds and other 210 items is authorized, and agrees by acceptance of them,to deposit them promptly, hold same In escrow within the State of 211 Florida and,subject to COLLECTION, disburse them In accordance with terms and conditions of this Contract. Failure of 212 funds to become COLLECTED shall not excuse Buyer's performance, When conflicting demands for the Deposit are 213 received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may lake such actions permitted by this 214 Paragraph 13, as Agent deems advisable. If In doubt as to Agont's duties or€iabilities under this Contract, Agent may, at 216 Agent's option, continue to hold the subject matter of the escrow until the parties agree to its disbursement or until a final 216 judgment of a court of competent jurisdiction shat determine the rights of the parties, or Agent may deposit same with the 217 dark of the circuit court having jurisdiction of the dispute. An attorney who represents a party and also acts as Agent may 218 represent such party in such action Upon notifying all parties concerned of such adlon, all liability on the part of Agent shall 219 fully terminate, except to the extent of accounting for any items previously delivered out of escrow, if a licensed real estate 220 broker,Agent wiN comply with provisions of Chapter 475,F-S, as amended and FREC rules to timely resolve escrow disputes 221 through mediatlon, arbitration, Inierpleader or an escrow disbursement order. Any proceeding between Buyer and Seller 222 whereln Agent is made a party because of acting as Agent hereunder, or in any proceeding where Agent lnterpleads the 223 subject matter of the escrow,Agent shall recover reasonable attorneys fees and costs Incurred, to be paid pursuant to court Florida ReattorWRodda aer-AS1S•1, Rev 0110 92010 Florkra RaaliorzD and The Fio(Wa Bar All RV is Rescued nealFASTO Softr�rdre,02010,Version 610.Software Reglslerad€e:Jenny Jonas,Sotheby's rniorn0onal Rsalty 09122110 16720:38 Page 4 of 9 Sefler(sl Buyer(s) _,�, --�--- 171 224 order out oft lie escrowed funds or equivalent Agent shall not be liable to any party or person form Is-dellvery of any escrowed 225 items,unless such mfs-delivery Is due to Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 226 shall survive Closing or termination of this Contract. 227 14 PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, square 228 footage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals for 229 legal, tax, environmental, and other specialized advice concerning matters affecling the Property and the transaction 230 contemplated by this Contract Broker represents to Buyer that Broker does not reside on the Property and that all 231 representations(oral,written or otherwise)by Broker are based on Seller representations or public records, BUYER AGREES 232 TO RELYSOLELYON SELLER, PROFESSIONAL INSPECTORSAND GOVERNMENTAL AGENCIES FORVERIFICATION 233 OF PROPERTY CONDITION,SQUARE FOOTAGE AND FACTS THAT MATER[ALLY AFFECT PROPERTY VALUEANDNOT 234 ON THE REPRESENTATIONS(ORAL.,WRITTEN OR OTHERWISE)OF BROKER. Buyer and Seller (indivJduaBy, the 235 "Indemnifying Party") each Individually Indemnifies, holds harmless, and releases Broker and Broker's officers, directors, 236 agents and employees from all liability for loss or damage,Including all costs and expenses,and reasonable attorney's fees at 237 all levels, suffered or Incurred by Broker and Broker's officers, directors, agents and employees in connection with or arising 238 from claims,demands or causes of action Instituted by Buyer or Seller based on:(1)Inaccuracy of Information provided by the 239 Indemnifying Party or from pubic records;(ii)Indemnifying Party's misstatements)or failure to perform contractual obligations; 24o (lit)Brokers performance,at Indemnifying Pertyls request,of any task beyond the scope of services regulated by Chapter 475, 241 F.S,, as amended, including Broker's referral, recommendation or retention of any vendor for, or on behalf of Indemnifying 242 Party;(lv)products or services provided by any such vendor for, or on behalf of,indemnifying Party,and(v)expenses Incurred 243 by any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective vendors 244 and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will not relieve 2.15 Broker of statutoryobilgatlons under Chapter 475, F,S„as amended For purposes of this Paragraph 14,Broker will be treated 246 as a party to this Contract.This Paragraph 14 shall survive Closing or termination of this Contract 247 DEFAULT AND DISPUTE RESOLUTION 248 16. DEFAULT: 249 (a) BUYER DEFAULT: If Buyer falls, neglects or refuses to perform Buyers obligations under this Contract, including 250 payment of the Deposit,within the lime(s)specified, Seller may elect to recover and retain the Deposit for the account of 251 Seiler as agreed upon liquidated damages,consldoration for execution of this Contract,and in full settlement of any claims, 252 whereupan Buyer and Sellershatl be relieved from all further obligations under this Contract,or Seller,at Seller's option,may, 263 pursuant to Paragraph 16, proceed In equity to enforce Seller's rights under his Contract..The portion of tite Deposit,If any, 254 paid to Listing Broker upon default by Buyer,shall be split equally between Listing Broker and Cooperating Broker;provided 255 however,Cooperating Broker's share shall not be greater than the commission amount LlstIng Broker had agreed to pay 256 to Cooperating Broker. 257 (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after reasonable diligent 258 effort,Seller fails,neglects or refuses to perform Seller's obligations under this Contract, Buyer may elect to receive return 259 of Buyer's Deposit without thereby waiving any action for damages resulting from Settees breach, and, pursuant to zoo Paragraph 16,may seek to recover such damages or seek specific performance, This Paragraph 15 shall survive Closing 261 or temllnation of this Contract 262 16, DISPUTE RESOLUTION; Unresolved controversies, claims and other matters In question between Buyer and Safer arising 263 out of, or relating to,this Contract or its breach,enforcement or interpretation{"Dispute")Wit be settled as follows: 264 (a) Buyer and Selkarwill have 10 days after the date conflicting demands for the Deposit are made to attempt to resolve such 265 Dispute,failing which,Buyer and Seller shall submit such Dispute to mediation under Paragraph 16(b). 266 (b) Buyer and Seller shall attempt to settle Disputes In an amicable manner through mediation pursuant to Florida Rules for 267 Certified and Court-Appointed Mediators and Chapter 44,F.S„ as amended(the"Mediation Rules").The medfatormust be 265 certified or must have experience In the real estate Industry.injunctive relief may be sought without first complying with this 269 Paragraph 16(b). 1311sputes not settled pursuant to this Paragraph 16 may be resolved by Instituting action In the 270 appropriate court having jurisdidlon of 1he matter. This Paragraph 16 shall survive Closing or ton-nination of this Contract 271 17, ATTORNEY'S FEES;COSTS: The parties will splt equally any mediation fee Incurred In any mediation permitted by this 272 Contract, and each party will pay their own costs, expenses and fees, Including attorney's fees, Incurred In conducting the 27$ mediation, in any litigation permitted by this Contract, the prevailing party shall be entitled to recover from the non•prevailing 274 party costs and fees,including reasonable attorney's fees,Incurred in conducting the litigation-This Paragraph 17 shall survive 276 Closing or terminallort of this Contract 278 STANDARDS FOR REAL ESTATE TRANSACTIONS("STANDARDS") 277 18. STANDARDS: 276 A, TITLE: 279 (1) TITLE EVIDENCE;RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in Paragraph 9(c), the 280 Title Commitment,with Legible copies of Instruments listed as exceptions attached thereto,shall be Issued and delivered to Buyer. 281 T1110 Commitment shall set forth those matters to be discharged by Seller at or bofora Closing and shall provide that, upon: 282 recording of the deed to Buyer, an owner's policy of We Insurance in the amount of the Purchase Price,shall be issued to Buyer 283 insuring Buyer's marketable title to the Real Property, subject only to the following mailers: (a)comprehensive land use plans, € 284 zoning, and other land use restrictions, prohibitions and requirements imposed by governmental authority; (b) restrictions and 285 matters appearing on the Plat or other wise common to the subdivision;(c)outstanding oil,gas and mineral rights of record without 286 right of entry; (d)unplatted public utility easements of record(located contiguous to real property lines and not more than io feet In 287 width as to rear or front Imes and 7 1/2 feet In width as to side Ilnes);(a)taxes for year of Closing and subsequent years;and(f} 268 assumed mortgages and purchase money mortgages,if any Of additional Items,attach addandum);provided, Diet,unless waived 289 by Paragraph 12(a), there exists at Closing no violation of the foregoing and none prevent use of the Property for RESIDENTIAL 290 PURPOSES. It there exists at Closing any violation of Items Identified In (b) -(f) above,then the same shall be deemed a title Florida ReallotslFlorlda Bar-ASts-1, Rev 0110 02Di0 Florida Rea4orsJ and Tho Flodda Bnr All RIDhta Reserved Rea1FA$T0 Softwaro.02010,Wislon 6 16 Software Reglslered lo:Jonny Jones,Solheby's Irdematlonal Realty JL� 09122;10 18:26:39 Ser!er t s) Pago 6 of euyarts) r+ _ 172 291 defect. Marketable title shall be determined according to applicable Title Standards adopled by authority of'The Florida Bar and In 292 accordance with law. 293 (ii) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in writing 294 specifying defecl(s),if any,that render title unmarketable.If Seller provides Title Commitment and It is delivered to Buyer less than 295 S days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to examine same in accordance with 296 this STANDARD A. Seller shall have 30 days ("Cure Period")after receipt of Buyer's notice to take reasonable diligent efforts to 297 remove defects, If Buyer falls to so notify Seller,Buyer shat be deemed to have accepted Wo as It then Is, If Seger cures defects 296 within Cure Period, Seller will deliver written notice to Buyer(with singular shad Include plural and one gender shall include all. 299 Notice and delivery given by or to the attorney or broker representing any party shall be as proof of cure acceptable to Buyer and 300 Buyer's attorney)and the parties will close this Contract on Closing Date (or if Closing Date has passed, within 10 days after 301 Buyer's receipt of Seller's notice)• If Seller is unable to cure defects within Cure Period, then Buyer (nay, within 6 days after 302 expiration of Cure Period, deliver written notice to Seller: (a)extending Cure Period for a specified period not to exceed 120 days 303 within which Seller shall continue to use reasonable diligent effort to remove or cure the defects ("Extended Cure Period");or(b) 304 electing to accept title with existing defects and dose this Contract on Closing Date (or if Closing Date has passed, wMiln the 305 earner of 10 days after and of Extended Cure Period or Buyer's receipt of Seller's notice),or(c)electing to terminate this Contract 306 and receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract If after 307 reasonable diligent effort, Seller is unable to timely cure defects, and Buyer does not waive the defects, this Contract shall 308 terminate,and Buyer shall receive a refund of the Deposit,thereby releasing Buyer and Seller from all further obligations under this 309 Contract, 310 B, SURVEY: If Survey discloses encroachments on the Real Property or that Improvements located thereon encroach on setback 311 lines, easements, or lands of others; or violate any restrictions, covenants, or applicable governmental regulations described In 312 STANDARD A(1)(a),(b)or(d) above, Buyer shall deliver written notice of such matters, together with a copy of Survey, to Seller 313 within 5 days after Buyer's receipt of Survey, but no later than Closing If Buyer timely delivers such notice and Survey to Seller, 314 such matters Identified in the notice and Survey shall constitute a title defect, subject to cure obligations of STANDARD A above If 315 Seller has delivered a prior survey,Seller shall, at Buyer's request, execute an affidavit of"no change"to the Real Property since 316 the preparation of such prior survey, to the extent the affirmations therein are true and correcl. 317 C. INGRESS AND EGRESS: Seller represents that there is Ingress and egress to the Real Property and We to the Real Property 316 Is Insurable In accordance with STANDARD A wlfhout exception for lack of legal right of access. 319 D. LEASES: Seller shall,within 6 days after Inspection Period, furnish to Buyer copies of all written leases and estoppel letters 320 from each tenant specifying nature and duration of tenant's occupancy, rental rates,advanced rent and security deposits paid by 321 tenant, and Income and expense statements for preceding 12 months("Lease Information"), If Seller is unable to obtain estoppel 322 letters from tenant's), the same information shall be furnished by Seller to Buyer within that time period In the form of a Seller's 323 affidavit, and Buyer may thereafter contact tenant(s) to confirm such Information. If Corms of the tease(s) differ materially from 324 Seliots representations,Buyer may deliver written notice to Seller within 5 days after receipt of Lease Information,but no later than 325 5 days prior(o Closing Date, torminating this Contract and receive a refund of the Deposit,thereby releasing Buyer and Seller from 326 all further obligations under this Contract. Seller shall, at Closing,deliver and assign all original leases to Buyer who shall assume 327 Seller's obligaWr thereunder. 328 E. LIENS: Seller shall furnish to Buyer at Closing an affidavit allesting; (1)to the absence of any financing statement,claims of 329 lien or potential lienors known to Seller,and(*Ihat there have been no improvements or repairs to the Real Property for 90 days 330 fmmediataly preceding Closing Date. if tie Real Property has been Improved or repaired within that time, Setter shall deliver 331 releases orwalvers of construction liens executed by all general contractors,subcontractors, suppliers and nlateriatmen Y1 addition 332 to Seller's fen affidavit setting forth names of all such general contractors, subcontractors, suppliers and materialmen, further 333 affirming that all charges for improvements or repairs which could serve as a basis for a construction lien or a Balm for damages 334 have been paid or will be paid at Closing. 335 F. TIME: Calendar days shalt be used In computing time periods. Any time periods provided for In this Contract which shall end 336 on a Saturday, Sunday,or a national legal holiday(see 5 U..S.0 6103)shall extend to 5:00 p.m (vrhere file Property Is located)of 337 the next business day,Tkno is of the essence In this Contract. 338 p, FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be [table to each 339 other for damages so long as performance or non-performance of the obligation Is delayed,caused or prevented by Force h/ajeure. 340 "Force Majeure"means: hurricanes, earthquakes, floods,fire,acts of God, unusual transportation delays,wars,Insurrections,acts 341 of terrorism, and any other cause not reasonably within control of Buyer or Seller, and which, by exercise of reasonable diligent 342 effort, the non-performing party is unable In whole or in part to prevent or overcome.All time periods, Including Closing Date, will 343 be extended for the period that the Force Majeure prevents performance under this Contract, provided, however,If such Force 344 Majeure continues to prevent performance tinder this Contract more than 14 days beyond Closing Date, then either party may 345 terminate this Contract bydetivering written notice to the other and the Deposit shall be refunded to Buyer,thereby releasing Buyer 346 and Seller From all further obligations under this Contract. 347 H. CONVEYANCE: Seller shall convey marketable title to the Reat Property by statutory warranty, trustee's, personal 346 representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described In STANDARD A and 349 those accepted by Buyer. Personal Property shall,at request of Buyer,be transferred by absolute bill of sale with warranty of title, 350 subject only to such matters as may be provided for In this Contract, 351 1. CLOSING LOCATION; DOCUMENTS;AND PROCEDURE: 352 (I) LOCATION: Closing will take place In the county where the Real Property is located at the oftice of the attorney or other 353 dosing agent ("Closing Agent") designated by the party paying for the owner's policy of title insurance, or, if no title Insurance, 354 designated by Seller.Closing may be conducted by mail or electronic means 955 (ii) CLOSING DOCUMENTS: At Closing, Seller shall furnish and pay for, as applicable, deed, bill of sale, certificate of title, 356 construction Gen affidavit, owner's possession affidavit, assignments of leases, and corrective Instruments. Seller shall provide 357 Buyer with paid receipts for all work donne on the Property pursuant to this Contract Buyer shall furnish and pay for,as applicable, Florida RealtordRodda Bar.AM 4, Rev 6/10 02010 Ffwlda Realtors end The Ftodda Bar Al R! his Reserved ReaIFA$TQ soliware,€i2oio,verslon 9.f6.5oflwara Registered lo:•Jenny Jones,Solho6y's fnlemationai Really 09/22/10 16:26:38 Nile 6 of 0 173 356 mortgage, mortgage note, security agreement, financing statements, survey, base elevation certif€cation, and other documents 359 required by Buyer's tender $60 (ill) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title Commitment provides 361 Insurance against adverse matters pursuant to Section 627,7841, F.S., as amended, the escrow closing procedure required by 362 STANDARD J shall be waived,and Closing Agent shall, subject to COLLECTION of all closing funds, disburse at C)osing the 363 brokerage fees to Broker and the net sale proceeds to Seller 364 J, ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide for insurance 365 against adverse matters as permitted under Section 627 7841, F.S,, as amended, the following escrow and closing procedures 366 shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 10 days after 367 Ctos€ng;(2)If Seller's title Is rendered unmarketable,through no fault of Buyer,Buyer shall,within the 10 day perlod, notify Seller In 368 writing or the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect; (3)If Seller fails to 369 fimely cure the defect, tile Deposit and all Clasing funds paid by Buyer shall, vrithin 5 days after written demand by Buyer, be 370 refunded to Buyer and,simultaneously with such repayment,Buyer shalt return the Personal Property,vacate the meal Property and 371 re-convey the Property to Seiler by special warranty deed and bill of sale; and(4)If Buyer falls to make timely demand for refund of 372 the Deposit,Buyer shall take title as Is, waiving all rights against Seiler as to any Intervening defect except as may be available to 373 Buyer by vytue of warranties contained in the deed or bill of sale, 374 K. PRORATIONS; CREDITS: The following recurring items will be made current(if applicable)and prorated as of the day prior to 375 Closing Date, or date of occupancy if occupancy occurs before Closing bate; real estate taxes (including special benefit tax 376 assessments imposed by a CDD),interest,bonds, association fees,insurance,rents and other expenses of Property. Buyer shall 377 have option of taking over existing policies of Insurance,If assumable,In which event premiums shall be prorated Cash at Closing 378 shall be Increased or decreased as may be required by proration to be made through day prior to Closing Advance rent and E 379 security deposits,if any,will be credited to Buyer. Escrow deposits held by Seller's mortgagee will be paid to Seller.Taxes shall be 360 prorated based on current yews tax with due allowance made for maximum allowable discount,homestead and other exemptions. 381 If Closing occurs on a datewhen current year's mllage is not fixed but current year's assessment is available,taxes will be prorated 362 based upon such assessment and prior year's millage. If current year's assessment Is not available,then taxes wilt be prorated on 384 prior year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing,which Improvements 305 were not In existence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage,and at an equitable 386 assessment to be agreed upon between the parties,falling which,request stall be made to the County Property Appraiser for an 387 Informal assessment taking Into account available exemptions,A tax proration based on an estimate shall,at either party's request, Sea be readjusted upon receipt of current year's tax bill.This STANDARD IC shalt survive Closing. 389 L, ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall, upon 390 reasonable notice, provide utilities service and access to Property for appraisals and inspections, Including a walk-through (or 391 follow-up walk-through if necessary)prior to Closing. 392 M. RiSK OF LOSS: If, after Effective Date, but borers Closing, Property Is damaged by fire or other casualty("Casualty Loss") 393 and cost of restoration(which shall Include cast of pruning or removing damaged trees)does not exceed 1.5%0 of Purchase Price, I 304 cost of resloralion shall be an obiigadon of Seller and Closing shall proceed pursuant to terms of this Contract. If restoration Is not 395 completed as of Closing, o sum equal to 125% of estimated cost to complete restoration(not to exceed 1.6%of Purchase Price), 306 will be escrowed at Closing If actual cost of restoration exceeds escrowed amount, Seiler shall pay such actual costs (but,not in 397 excess of 1,5%n of Purchase Price) Any unused portion of escrowed amount shall be returned to Seller. if cost of restoration 398 exceeds 1.5%of Purchase Price, Buyer shall elect to either take Property"es Is"together with the 1.5%, or receive a refund of the 399 Deposit,thereby releasing Buyer and Seller from all further obligations under this Contract_ Seller's sole obligation%vith respect to 400 tree damage by casualty or other natural occurrence shali be cost of pruning or removal. 401 N. 1031 EXCHANGE: if either Seller or Buyer wish to enter Into a like kind exchange (either simultaneous with Closing or 402 deferred)under Section 1031 of the Internal Revenue Code("Exchange"%the other party shall cooperate In all reasonable respects 403 to effectuate the Exchange, Including execution of documents; provided, however, cooperating party shall incur no liability or 404 expense related to the Exchange, and Closing shall not be contingent upon,nor extended or delayed by,such Exchange, 405 0, CONTRACT NOT RECORDABLE;PERSONS BOUND;NOTICE; COPIES: Neither this Contract not any notice of It shall be 406 recorded In any public records.This Contract shall be binding on,and inure to the benefit or, the parties and their respective heirs 407 or successors in Interest.Whenever the context permits, singular shall Include plural and one gender shalt Include all. Notice and 408 delivery given by or to the attorney or broker (including such broker's real estate licensee) representing any party shall be as 409 effective as If given by or to that party. All notices must be In writing and may be made by mail, personal delivery or electronic 410 (including"pdf')media.A legible facsimile or electronic(including"pdf')copy of this Contact and any signatures hereon shall be 411 considered for all purposes as an original. 412 P. INTEGRATION; MODIFICATION, This Contract contains the full and complete understanding and agreement of Buyer and 4113 Seiler with respect to the transaction contemplated by this Contract and no prior agreements or reprssentatlons shall be binding 414 upon Buyer or Seller unless Included In this Contract.No modification to or change In this Contact shall be valid or binding upon 415 Buyer or Seller unless In writing and executed by the parties Intended to be bound by IL 416 Q. WAIVER; Failure of Buyer or Seller to Insist on compliance YAM,or strict performance of,any provision of this Contract,or to 417 take advantage of any right under this Contract,shall not constitute a waiver of other provisions or tights, 418 R, RIDERS;ADDENDA;TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten or handwritten 419 provisions shall conIrcl ale printed provisions of this Contract In conflict with them, 320 S. COLLECTION or COLLECTED: "COLLECTION" or"COLLECTED" means any checks tendered or received, Including 421 Dopes Its, have become actually and finally collected and deposited In Ilia account of Escrow Agent or Closing Agent. 422 Closing and disbursement of funds and delivery of Closing documents may be delayed by Closing Agent until such 423 amounts have been COLLECTED in Closing Agent's accounts, 424 T, LOAN COMMITMENT: "Loan Commitment" means a statement by the lender setting forth the torts and conditions upon 425 which the tender is wilting to make a particular mortgage loan to a particular borrower. Florida Realtom fladda Bar-AGES-i, Revel 10 02014 Florida Realtors9 and The Fiodda Bar All Arghts Rcservnd noaiFAM)Sormaro,(D201e,Varelon a le S6flwaro Registered lo:Jonny,Jonas,Sotheby's Enlemailonar Really Buyef(s) �� 09122110 16:28:38 seilerfa) Pape 7 of fl 174 426 U, APPLICABLE LAW AND VENUE: This Contract shall be construed In accordance with the taws of the State of Florida and 427 venue for resolution of all disputes,whether by mediation, arbitration or bligation, shall lie In the county in which the Real Property 426 Is located. 42s X. BUYER WAIVER OF CLAIMS: Buyerwaives any claims against 5elferand, to the extent permitted by law, against any 430 real estate licensee involved In the negotiation of this Contract,forany defects or otherdamage that may exist at Closing 431 of this Contract and be subsequently discovered by the Buyer or anyone claiming by, through, under or against the 432 Buyer. 433 ADDENDA AND ADDITIONAL TERMS I 434 19, ADDENDA: The following additional terms are Included In the attached addenda and Incorporated Into this Contract (Check If 435 applicable): A CondominiumAssn []L, RESERVED HS,R.. Rezoning ❑Y Sellers Attorney B Homeowners`Assn Lease Purchase/ Approval C. Seller Flnencing ❑M.Defective Drywall Lease Option EIZ, Buyers Attorney D Mortgage Assumption C]N Coastal Construction ❑T. Pre-Closing Approval E FHArVA lrhancing Control Line Occupancy ❑AA.Licensee-Personal F. Appraisal Contingency ❑O. Insulation Disclosure DU post-Closing Interest In Property G Short Sale CIP, Pre-497'8 Housing Occupancy BB Binding Arbitration H. Homeowners!Insurance Statement(Lead V. Sala of Buyer`s r Other R1. FIRPTA Based Paint) Property -CC. Clear Title J• interest-Bearing Acct. RO Mousing for Older W.Backup Contract <. RESERVED Persons HX Kick-out Clause _ �T 436 20. ADDITIONAL TERMS: i� I 437 COUNTER-OFFERIREJECTION 4W❑ Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter-offered terms and deliver a 439 copy of the acceptance to Seller). 440•[' Seller rejects Buyers offer. 441 THIS 15 INTENDED TO BE A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD,SEEK THE ADVICE OF AN 442 ATTORNEY PRIOR TO SIGNING.. 443 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 444 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the terms and 440 conditions in this Contract should be acceptedby the parties in a particular transaction Terms and conditions should be negotiated 446 based upon the respective Iriferests, objectives and bargaining positions of all interested parsons. 447 AN ASTERISK (') FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE � 448 COMPLETED. BUYER , DA'Z'E Anihany F.Curnn&gs BUYER / DATE I SELLER DATE SELLER DATE 449 Buyer's address for purposes of notice Sellers address for purposes of notice 450" 202 Angier 461' Palm Beach FL 452' ;�34fln FrorSda Reakorsirtotida Bar-ASIS-A, Rev We 02010 Florida Reailorsa and Tho Florida Bar All Rights R"Orved RealFA5Te software,02010,Version a 1e Software Registered to:Jenny Jones,Solhaby s InlernoVonal Really 09W10 116,211:36 Pafla D or 9 c 175 I I 4$3 BROKER: Listing and Cooperating Brokers, If any, named below (collectively, "Broker"), are the only Brokers entitled to 454 compensation In connection with this Contract. instruction to Closing Agent: Seller and Buyer direct Closing Argent to disburse at 455 Closing the full amount of the brokerage fees as specified In separate brokerage agreements with the parties and cooperative 456 agreements between the Brokers,except to the extent Broker has retained such fees from the escrowed funds. This Contract shall 457 not modify any MLS or other offer of compensation made by Seller or Listing Broker to Cooperating Brokers.. 458' Todd F.frier _ 459 Cooperating Sates Associate,If any Listing Sales Associate 460' Sotheby's International Realty. 461 Cooperating Broker,If any listing Broker Ii I E Florida Realtors Miida Bar-AS1S-1, Rev_6110 02610 Florida Reafiorv�D and'rho FlDrlda Bar All Rights Reserved Raa1FASTO Software,®2610,Version 6.16.soilv+aro Registered to:Jenny Jones,Solha4V fntamatlonal Realty Buyer(s) 09!22110 16:26:38 Sellor(s} rage 9 019 � 176 Sotheby's International Realty 340 Royal Poinciana Way Suite 337 Palm Beach, Fl- 33480 Phone: 561-659-3556, Fax: 661-655-2359 Addendum tp Contract FLORVA ASSOGIATION OF RI:ALTORSO Addendum No. cc to the Contract dated April 4tb.2011 _ between town of palm Bench (Seller)and Anthony r Cummings (Buyer) concerning the property described as: 1.1f1 Angler Aye.,1'ahn Beach FL 33480 (the"Contract") Buyer and Seiler make the fallowing terms and conditions part of the Contract: — --- - - el-- Seller most deliver clear and nmrkctable title to Buyer prior to closing BUYER vim" �— AAT£ �7 _• A4 'Anthony F.Cuinn'y cgs / BUYER / � DATE 3EGL>R _. DATE — TmNn of I'M nl Leach DATE Ttris form is available for use by the entire real estate Industry and is not intended to Identify the user sat REALTORa.Rr.ALTOR®is a retilstared collective membershlp mark Which may bo used only by roil estato Ilcenseas who arc members of the NATIONAL ASSOCIATION OF REALT0110 and who aubscrlbe to Its Coda of Eillics The copyriaht laws of the United Slalos(17 U.&.Code)forbid the unaulhoftad roproductlan of this form nrwrrc P by env means including facslmtle or computerized forma. AGSP-2,Addendum to Contract,Rev.&u4 Nonda Associar�en of REALTORS© Copyrighl,1994 Florida Assoctatton of REALTORSI&PO Box 725026 Orlando,Florida 32872•SD25 RoaIFA$T(9 Soflware,0201€3,Version 6 10 SO(Ware Raglstarod la'.Fenny Jonas,801hebyrs lnleenational Really pogo i of 1 177 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Appointment of Kirk W. Blouin as Director of Public Safety and Other Actions Regarding the Town's Management Plan. Presenter Peter B. Elwell, Town Manager Supporting Documents • Memorandum dated May 5, 2011, from Town Manager Peter B. Elwell • Blouin Professional Employment Agreement 178 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council From: Peter B. Elwell, Town Manager Re: Management Team Changes Date: May 5, 2011 STAFF RECOMMENDATION I recommend that the Town Council authorize and affirm the following actions: • Creation of"Director of Public Safety"position on the senior management team • Creation of the positions of"Deputy Police Chief' and "Deputy Fire-Rescue Chief' • Employment Agreement with Kirk W. Blouin to serve as Director of Public Safety • Salary Increase for Jay Boodheshwar in recognition of his additional duties and responsibilities since his promotion last year to the position of"Director of Recreation and Special Projects" GENERAL INFORMATION Kirk Blouin has provided outstanding service to the Town during his almost two years as Chief of Police. He has consistently shown strong leadership and innovative management during especially challenging times. Since January 26, 2011, he also has served as the Acting Fire- Rescue Chief. The positive impact of his leadership has been evident not only in his own actions,but also in the actions of those under his command. During the time that Chief Blouin has been serving in both roles, we also have begun to see improved communication and coordination between the Police and Fire-Rescue Departments in certain areas of shared responsibility or service. I believe we have the opportunity to continue identifying and implementing such improvements and that we can accomplish this more readily and efficiently if Chief Blouin continues to serve in both positions. Therefore, after considering this matter at length, I have determined that it is in the Town's best short and long term interests to have Chief Blouin continue to lead both public safety departments. It is within my authority as Town Manager to appoint and supervise the Town's "administrative officials," which is the term used in the Town Charter and Code to distinguish the department directors, Deputy Town Manager, and Assistant Town Manager positions from the other employees of the Town. The appointive administrative officials are identified by title in Sec. 2-136 of the Town Code and Sec. 2-139 makes it clear that these officials serve at my pleasure,just as I serve at the pleasure of the Mayor and Town Council. 179 Nevertheless, in order to avoid any ambiguity regarding my appointment of Chief Blouin to fulfill the duties and responsibilities of both Police Chief and Fire Rescue Chief, I believe it is necessary and appropriate to ask the Town Council to affirm my decision in this matter and to authorize me to enter into an agreement with Chief Blouin that will make his employment status explicitly clear. I propose that this agreement specify his new title as "Director of Public Safety" and that it plainly state that he will "perform the functions and duties of the Chief of Police and the Chief of Fire-Rescue as specified in the Town Charter and Code of Ordinances." The remainder of the agreement similarly makes it clear in language that is applicable to this unique situation that Chief Blouin will be continuing to serve the Town with all rights and responsibilities applicable to the Town's appointive administrative officials. Chief Blouin has not received any additional compensation for the 3+months he has served as Acting Fire-Rescue Chief. It is important for us to recognize the substantial increase in responsibility that this dual role represents and to significantly increase Chief Blouin's compensation as moves from Acting Fire-Rescue Chief to Director of Public Safety. Therefore, I propose that his annual salary be increased by$30,000 (to $167, 944), effective immediately. I also am proposing that one of the two Assistant Fire-Rescue Chief positions and one of the two Police Major positions be upgraded to Deputy Fire-Rescue Chief and Deputy Police Chief, respectively. This will be an important part of streamlining the management structure over the Town's two public safety functions, as it will identify the single individual in each department who will be accountable to Chief Blouin, me, you, and the community for the effective day-to- day management of the applicable department. By upgrading existing positions, we will accomplish this without any increase in personnel complement, but there will need to be a salary increase for each position in recognition of the additional duties and responsibilities. I propose that this increase be in an amount not to exceed$10,000 for each of the two Deputy Chief positions. If you approve my recommendations as set forth in this memorandum, Major Dan Szarszewski will be appointed to the position of Deputy Police Chief. Chief Blouin and I have not yet determined who will be appointed to the position of Deputy Fire-Rescue Chief. We will be reviewing this matter further in the coming weeks and will advise you of our appointment decision when that decision has been made. This modification of the management structure over the two public safety departments will not consolidate the two departments into one. Under the leadership of their respective deputy chief, each department will continue to function as a distinct entity. However, we do foresee achieving some economies of scale (as well as the improved communication and coordination that I mentioned above) as a result of establishing a unity of command over these two essential functions. There also will be immediate cost savings. When the salary increases noted above (and the applicable FICA) are subtracted from the savings of eliminating the Fire-Rescue Chief position from the Town's budget, the net savings of these changes will exceed $90,000. 180 This is part of the Town's continuing effort to improve efficiency without sacrificing effectiveness so we can maintain a sustainable level of taxation without reducing quantity or quality of services to the community. During the past four years, we have reduced Town staffing by 48 positions (11.6%). During that same period, we have reduced staffing at the top two levels of Town management by 3 positions (14.3%). We have plans to reduce this number even further during the next few years as retirements at the assistant department director level create opportunities to achieve additional efficiencies through attrition. Finally, at the senior management team level (Town Manager and the Town's appointive administrative officials) we have reduced staffing by 2 positions (20%). We have been able to accomplish these reductions and still maintain high standards of service and leadership because of the dedication and effectiveness of Deputy Town Manager Tom Bradford and the Town's department directors. Everyone has had to "do more with less" and everyone has risen to this occasion. In addition, one person has been asked not only to accomplish his department's mission with fewer resources but also to step out beyond his department and assume responsibilities of Townwide scope and major importance: Jay Boodheshwar. In the past two years, Jay has assumed responsibility for the Town's emergency preparedness, facilitated the Centennial Celebration, led the improvement of procurement policies and practices, and served for 3 months as Acting Public Works Director. His work in all of these areas has been outstanding and he has received no additional compensation beyond his salary as Director of Recreation. Last year, in recognition of his increased role, we changed his title to Director of Recreation and Special Projects. I am proposing that this year, effective with the new fiscal year on October 1, 2011, we increase his annual salary by $12,000 (to $130,853). Jay is serving as a de facto part time Assistant Town Manager even as he continues to fulfill all his duties and responsibilities as Director of Recreation. Because of this, we have been able to eliminate the Assistant Town Manager position from the Town's budget at a savings of well over $100,000. Since that decision was already made last year, I am not showing it in the math related to the current cost savings provided by the actions I am recommending in this memorandum. Instead, I am deducting Jay's additional salary and FICA from the savings achieved through the elimination of the Fire-Rescue Chief position from the Town's budget. Even after this additional offset, the savings provided by my current recommendations will exceed$80,000 annually. FUNDING/FISCAL IMPACT Impact of Proposed Public Safety Changes: $136,186= Savings from elimination of Fire Chief's salary - 50,000= Maximum cost of proposed salary increases 86,186=Net salary savings + 6,593 = Net FICA savings $ 92,779 =Minimum net savings 181 Aggregate Impact of All Proposed Changes: $136,186 = Savings from elimination of Fire Chief's salary - 62,000= Maximum cost of proposed salary increases 74,186=Net salary savings 5,675 = Net FICA savings $ 79,861 =Minimum net savings TOWN ATTORNEY REVIEW The Town Attorney has reviewed the attached Professional Employment Agreement and approved it for legal form and sufficiency. PBE:cek Attachment cc: Kirk W. Blouin, Chief of Police Jay Boodheshwar, Director of Recreation and Special Projects Danielle Olson, Director of Human Resources Jane Struder, Director of Finance 182 PROFESSIONAL EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 10t'day of May, 2011,by and between the Town of Palm Beach, Florida, a municipal corporation hereinafter called the "Town" and Kirk W. Blouin, hereinafter called"Employee", both of whom understand as follows: WITNESSETH: WHEREAS, the Town desires to employ the services of Kirk W. Blouin as Director of Public Safety of the Town of Palm Beach; and WHEREAS, Employee desires to accept employment as Director of Public Safety of said Town. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Section 1. Duties Town hereby agrees to employ Kirk W. Blouin as Director of Public Safety of the Town to perform the functions and duties of the Chief of Police and the Chief of Fire-Rescue as specified in the Town Charter and Code of Ordinances, and to perform such other legally permissible and proper duties and functions as the Town Manager may from time to time assign. Section 2. Term A. This Agreement shall be effective immediately upon execution by both parties and shall remain in effect until terminated by either party in accordance with the terms set forth herein. B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Town to terminate the services of Employee at the will of the Town Manager without cause, at any time, subject only to the provisions set forth in Section 3 Paragraph A, of this Agreement. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the Town, subject only to the provisions set forth in Section 3, Paragraph C, of this Agreement. Blouin Professional Employment Agreement Page I of 4 183 Section 3. Termination and Severance Pay A. In the event Employee is terminated by the Town then in that event the Town agrees to pay a lump sum cash payment equal to twenty(20) weeks base salary,based upon the salary paid Employee as of the date of termination. All life, health, dental, and disability insurance and other non-leave related benefits provided by the Town shall continue in full force and effect at Town's expense until the end of the applicable severance period or until similar coverage is provided to Employee by a subsequent employer(and is in full force and effect), whichever comes first. Said continuation of group health insurance coverage shall be in addition to the protection afforded the Employee by the Consolidated Omnibus Budget Reconciliation Act (COBRA). Coverage under COBRA shall be at the Employee's expense and shall commence upon the expiration of all coverage provided under the severance provision herein. In the event the Employee is terminated because of permanent disability to perform official duties, conviction of a felony relating to official duties or involving moral turpitude, or because of his conviction of any illegal act involving personal gain to him, then, in that event, Town shall have no obligation to pay the severance benefits designated in this paragraph. In exchange for receiving the severance benefits designated in this paragraph, Employee shall execute a document fully releasing the Town, its employees, officials, agents, and representatives from any claim of Employee related to Employee's Town employment or termination. B. At any time during the employment term, the Town Manager may, in his sole discretion, determine that it is in the Town's best interests to retain separate individuals as Chief of Police and Chief of Fire-Rescue. In the event that happens, and if the Town Manager offers Employee the opportunity to continue serving as either Chief of Police or Chief of Fire-Rescue at a rate of pay that is reduced by 20% or less from Employee's rate of pay as Director of Public Safety, then Employee shall not be entitled to the severance pay referenced in this section. C. In the event Employee voluntarily resigns his position with the Town, then Employee shall give the Town forty-five (45) days notice in advance. Employee shall not be entitled to the severance pay reference in this section in the event of voluntary resignation. Section 4. Salary Town agrees to pay Employee for his services rendered pursuant hereto an annual base salary of$167,944,payable in bi-weekly installments at the same time as other employees of the Town are paid. This salary may be amended from time to time in accordance with applicable rules that apply to all appointive administrative officials of the Town. Section 5. Automobile The Town shall provide Employee with an automobile for business use, which vehicle also may be used for personal purposes within the constraints imposed by Town Administrative Procedure No. 1-08-3, governing Take Home Vehicles, as it may be modified from time to time. Blouin Professional Employment Agreement Page 2 of 4 184 Section 6. Other Terms and Conditions of Employment A. The Town shall fix any such other terms and conditions of employment, as it may determine from time to time,relating to the performance of Employee,provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Town Charter, Town Code of Ordinances, or any other law. B. All provisions of the Town Charter and/or Code, and regulations and rules of the Town relating to general pay increases, vacation and sick leave, longevity pay, personal days, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended also shall apply to Employee as they would to other employees of Town, in addition to said benefits enumerated specifically for the benefit of Employee, except as herein provided. C. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any ordinance. Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Director of Public Safety and for which Employee was acting within the scope of his duties as Director of Public Safety. D. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Blouin Professional Employment Agreement Page 3 of 4 185 IN WITNESS WHEREOF, the Town of Palm Beach has caused this Agreement to be signed and executed in its behalf by its Town Manager and duly attested by its Town Clerk, and the Employee has signed and executed this Agreement,both in duplicate, the day and year first above written. Witness Kirk W. Blouin, Employee Witness ATTEST: Susan A. Owens, Town Clerk Peter B. Elwell, Town Manager Approved for legal form and sufficiency by: John C. Randolph, Town Attorney Blouin Professional Employment Agreement Page 4 of 4 186 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Request for Extended Work Hours for Subaqueous Force Main Crossing Presenter H. Paul Brazil, Director of Public Works Supporting Documents • Memorandum dated April 29, 2011, from H. Paul Brazil, Director of Public Works. • Letter dated January 21, 2011, from Cornerstone Business, Inc. 187 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, P.E., Director of Public Works Re: Request for Extended Work Hours Subaqueous Force Main Crossing Date: April 29, 2011 STAFF RECOMMENDATION Town staff recommends that Town Council approve limited extended work hours to Cornerstone Businesses, Inc. in connection with the subaqueous force main and water main projects. GENERAL INFORMATION Cornerstone Businesses, Inc. is the contractor constructing the new water main and sewage force main under the Lake Worth Lagoon between Bradley Park and the City of West Palm Beach Providencia Park. Work is progressing well with the first boring nearly complete. The boring machine is located in Providencia Park and the pipe assembly is being conducted in Bradley Park. Once the bore hole is completed and the pipe assembled, the contractor will pull the pipes from Bradley Park under the lagoon. This operation, once it is begun, needs to be continuous. The contractor estimates that it will take 12 hours for the pullback, so granting extended work hours to allow completion of the work is necessary. While we could expect the work to be completed in the early evening, there is a possibility that if problems arise, work could extend well into the early morning. This pull back operation is to occur on two occasions, once in June for the water main and once in September for the sewage force main. Cornerstone's work includes construction of water main pipe to connect to the new subaqueous water main in Bradley Park to the existing water main in Royal Poinciana Plaza parking lot. This requires crossing Royal Poinciana Way just east of the Henry Flagler statue. While this work is planned to be constructed during the day in four phases, closing one lane of traffic on each phase, we may find it advantageous to allow night time work to minimize traffic impacts. Town staff is requesting that Town Council allow staff to permit limited night time work on the water main crossing to minimize traffic impacts. Night time work may be requested during the water main tie in work as water mains may need to be temporarily shut down and the impacts to Town residents and businesses will be less if work occurs after midnight. Attachment cc: Eric Brown, P.E., Assistant Director of Public Works James A Bowser, P.E., Town Engineer 188 CORNERSTONE BUSINESSES, INC. January 21,2011 Jim Bowser,P.E. Town of Palm Beach 951 Okeechobee Rd. West Pahn Beach,FL 33401 Ref:Flagler Drive 24"Subaqueous Water Main Crossing Mr.Bowser, We'd like to request additional working hours for upcoming portions of this project. The first request is for a possible 24 hours operation during the pull back of the water main which is expected to occur between 5115 and 6/5.A more definitive date can be provided once further into the reaming process. The extended working hours is only being request during the pull of the water main only as operations cannot cease until pull is completed. The second request is for night time operations for the installation of the 24"water main across Royal Poinciana Way which is expected to occur between 5/20 and 6/3. Although the majority of this work is anticipated to occur during normal working hours,this request for nighttime work might be needed due to the impact of vehicular traffic on Royal Poinciana Way and also during the cut over of the water main when less people will be impacted. Sincerely, Jim Hubbard Project Manager cc:Laura Le City of West Palm Beach 3936 Paul S Buchman Hwy 0 Zephyrhills, Fl. 33542 189 (813)715-0808 Fax(813) 715-0910 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Regular Agenda - New Business Agenda Title Commencement of Preliminary Steps Necessary for Implementation of Modified Town Pension Plans. Presenter Jane Struder, Director of Finance Supporting Documents Memorandum Dated April 29, 2011, from Jane Struder, Finance Director 190 TOWN OF PALM BEACH Information for Town Council Meeting on: May 10, 2011 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: Jane Struder, Finance Director Re: Request for Contingency Allocation for Implementation Costs Associated with the Hybrid Pension Plan Date: April 29, 2011 STAFF RECOMMENDATION Staff recommends that the Town Council authorize a contingency allocation of$67,750 for costs associated with the implementation of the hybrid pension plan and defined contribution plan. GENERAL INFORMATION Subject to the continuing collective bargaining process and related future decisions of the Town Council, it is anticipated that implementation of a hybrid pension plan including a defined contribution plan will occur on October 1, 2011. In order to be prepared for the implementation process, we are requesting funds for attorney fees for the preparation of an Ordinance(s) and review of plan documents, actuary fees for impact statements and pension calculations, and funding for a consultant to assist in the RFP and hiring process for a plan administrator for the defined contribution plan. Staff has prepared a draft RFP for plan administration, investment and record keeping services for a 401(a) defined contribution retirement plan. Due to the complexity and importance of hiring a well qualified company for this purpose, staff feels it is very important to obtain assistance with this process. Three bids were received from Callan Associates, PFM Asset Management and Prime Buchholz. All three firms currently perform services for the Town for the pension funds and the investment of the Town's surplus funds. Prime Buchholz was the low bid for the RFP review and selection process at$20,000. We feel that Prime Buchholz is well qualified to assist us with this process and recommend that we contract with them for this service. We are also recommending that the Town Council approve a selection committee to review the proposals submitted for the RFP for the plan administration services for the 401(a) Defined Contribution plan consisting of: • Danielle Olson, Human Resources Director • Jane Struder, Finance Director • William Hanes, Plan Administrator for the Police Officer and Firefighter Pension Plans 191 • Mr. Ray Snow, Chairman of the Police Officer Pension Board • Brett Madison, General Employee Representative • George Frick, Police Officer Representative • Jayson French, Firefighter Representative The consultant, Prime Buchholz, will work with the selection committee in the RFP review process. Once the RFP process has been completed and a plan administrator has been selected, staff will return to the Town Council for approval of a contract for plan administration services. In addition we are requesting an appropriation of$17,750 for services provided by the pension actuary Gabrial, Roeder, Smith and Company to prepare Actuarial Impact Statements related to the modification of the pension benefits and to confirm the accrued benefit under the current plan for each employee. These tasks will occur once the Ordinance for the new plan is adopted. Funds will also be needed for attorney fees for drafting an Ordinance(s) for the revisions to the pension system and review and assistance with the plan documents for the new hybrid system. We are requesting $30,000 for this purpose. FUNDING/FISCAL IMPACT As set forth herein, the attorney, actuary fees and consultant costs related to the modification of the pension system and the selection of a plan administrator for the defined contribution program are estimated to be $67,750. jls 192 TOWN OF PALM BEACH Town Council Meeting on: May 10, 2011 Section of A eg nda Ordinances - Second Reading Agenda Title ORDINANCE NO. 15-11 An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 114 Taxation, Article Ii, Local Business Tax, At Section 114-43 Schedule, So As To Amend The Fees Delineated For Each Business, Profession Or Occupation; Expanding The Schedule For Apartments To Include Rental Dwellings; Amending Section 114-80 Relating To Exemption For Churches To Amend The Exemption To Apply To Houses Of Worship; Amending Article Iv, Telecommunications Services Public Service Tax By Deleting Sections 114-121 Through 114-126 And Providing That Telecommunication Services Public Service Tax Shall Be In Accordance With Chapter 202, Florida Statutes, The Communications Services Tax Simplification Law; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. Presenter John Page, Director of Planning, Zoning, and Building Supporting Documents • Ordinance No. 15-11 193 ORDINANCE NO. 15 - 11 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 114 TAXATION, ARTICLE II, LOCAL BUSINESS TAX, AT SECTION 114-43 SCHEDULE, SO AS TO AMEND THE FEES DELINEATED FOR EACH BUSINESS, PROFESSION OR OCCUPATION; EXPANDING THE SCHEDULE FOR APARTMENTS TO INCLUDE RENTAL DWELLINGS; AMENDING SECTION 114-80 RELATING TO EXEMPTION FOR CHURCHES TO AMEND THE EXEMPTION TO APPLY TO HOUSES OF WORSHIP; AMENDING ARTICLE IV, TELECOMMUNICATIONS SERVICES PUBLIC SERVICE TAX BY DELETING SECTIONS 114-121 THROUGH 114-126 AND PROVIDING THAT TELECOMMUNICATION SERVICES PUBLIC SERVICE TAX SHALL BE IN ACCORDANCE WITH CHAPTER 202, FLORIDA STATUTES, THE COMMUNICATIONS SERVICES TAX SIMPLIFICATION LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 114 of the Town Code of Ordinances relating to Local Business Taxes, is hereby amended at Section 114-43, SCHEDULE, by increasing Business Taxes as set forth herein. Sec. 114-43. Schedule. A business tax is hereby levied upon and shall be collected from every person, firm or corporation exercising the privileges or carrying on or engaging in the business, professions or occupations hereinafter specifically enumerated, as fixed hereinafter; each of such amounts, unless otherwise specifically stated, being the amounts payable as a business tax for exercising such privilege or for carrying on or engaging in such business, profession or occupation mentioned, for each year. 194 A Abstractors of title $ 365.00 Accountant, auditor, C.P.A. firm (includes one professional) $ 365.00 Accountant, auditor, C.P.A. $ 365.00 Adult entertainment $ 1,052.00 Administrative office $ 295.00 Answer phone (support business services) $ 365.00 Apartments, (see rental dwellings) Architect $ 365.00 Art gallery, up to 400 sq. ft $ 154.00 Art gallery, 401 - 2,000 sq. ft $ 365.00 Art gallery, 2,001 - 4,000 sq. ft $ 421.00 Art gallery, 4,001 - 8,000 sq. ft $ 841.00 Art gallery, over 8,000 sq. ft $ 1,264.00 Artist $ 280.00 Astrologer, phrenologist, crystal reading, palm reader, soothsayer, fortune teller and clairvoyant $ 382.00 B Bakery $ 181.00 Bank, trust company $ 1,054.00 Barber $ 139.50 Barber, shop (Includes one barber) $ 139.50 Beauty shop (see cosmetology salon) Bicycle shop, rentals $ 139.50 Bicycle shop, sales (see merchants) Boat dealer (yacht broker) $ 280.00 Broadcasting station (radio or TV) $ 406.00 Broker $ 365.00 Ordinance No. 15-11 Page 2 of 9 195 Brokerage/investment company (includes one broker) $ 1,054.00 Business office only (two people maximum) $ 181.50 C Car rental agency $ 561.00 Catering $ 181.50 Chiropractor $ 365.00 Coin-operated machines (inside, exclusive of newsracks) $ 97.50 Consultant $ 365.00 Contractor office (construction) $ 406.00 Cosmetologist, individual $ 139.50 Cosmetology salon (includes one cosmetologist) $ 139.50 D Dance instructor $ 181.50 Dance studio/school $ 365.00 Dentist $ 365.00 Dining room, 40 chairs or less (hotel, business, etc.) $ 181.50 Plus, for each chair up to 40 $ 2.70 Dining room, over 40 chairs (hotel, business, etc.) $ 365.00 Plus, for every chair $ 2.60 Dining, club (see dining room) E Electric light company $ 316.00 Employment agency $ 365.00 Engineer $ 365.00 Ordinance No. 15-11 Page 3 of 9 196 F Facialist, registered (FA) or specialist (FB) $ 42.00 Full specialist $ 42.00 Full registration $ 42.00 G Gas company $ 316.00 Golf course $ 406.00 H Health studio $ 365.00 Hotel, 10 rooms or less $ 55.50 Hotel, more than 10 rooms $ 55.50 Plus each additional room $ 6.90 1 Insurance broker, company/agency $ 365.00 Insurance salesperson $ 181.50 Interior decorator $ 365.00 Interior designer $ 365.00 J Jeweler $ 632.00 L Law firm (includes one lawyer) $ 365.00 Lawyer $ 365.00 M Massage therapist, individual $ 365.00 Ordinance No. 15-11 Page 4 of 9 197 Massage establishment (includes one massage therapist) $ 365.00 Merchant, up to 400 sq. ft. $ 154.00 Merchant, 401 - 2,000 sq. ft. $ 365.00 Merchant, 2,001 - 4,000 sq. ft. $ 421.00 Merchant, 4,001 - 8,000 sq. ft. $ 841.00 Merchant, over 8,000 sq. ft. $ 1,264.00 Mortgage broker $ 365.00 Mortgage company $ 365.00 Motor scooter and motorcycle rental $ 1,139.00 Music service $ 365.00 N Nail registration (FV) or nail specialist (FT) $ 42.00 Newspaper - See publisher Nightclub with dance floor $ 1,052.00 Nightclub without dance floor $ 688.50 Nurse $ 365.00 Nursing agency (includes one nurse) $ 365.00 O Optician $ 365.00 Optometrist $ 365.00 P Parking garage $ 365.00 Parking lot (see Chapter 22, Article VI, Parking Lots for further provisions) $ 181.50 Pharmacist (individual) $ 365.00 Pharmacy (includes one pharmacist) $ 365.00 Photographer $ 181.50 Physician $ 365.00 Ordinance No. 15-11 Page 5 of 9 198 Printing company $ 365.00 Profession not listed $ 365.00 Property management $ 181.50 Public relations $ 365.00 Publisher $ 365.00 R Real estate broker $ 365.00 Real estate salesperson $ 181.50 Rental dwellings, per unit (minimum two units) $ 35.50 Repair shop (other than auto) $ 365.00 Restaurant, 40 chairs or less $ 181.50 Plus, for every chair up to 40 $ 2.70 Restaurant, more than 40 chairs $ 365.00 Plus, for each chair $ 2.70 S Savings and loan association $ 1,054.00 School, private $ 365.00 Security agency, private (includes one security officer) $ 181.50 Security officer, private $ 27.50 Service station (includes auto repair) $ 406.00 Services, unlisted $ 181.50 Swimming pools, public $ 365.00 T Talent agency $ 365.00 Taxicabs, each company or stand $ 280.00 Telecommunications company (formerly telegraph) $ 316.00 Ordinance No. 15-11 Page 6 of 9 199 Telephone company $ 316.00 Nothing in this chapter will be construed as requiring a license tax for coin-operated telephones Theater $ 1,264.00 Plus each seat $ 1.35 Travel bureau/agency $ 365.00 U Unclassified business not listed $ 295.00 V Veterinarian $ 365.00 Veterinarian establishment $ 365.00 Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 114, Taxation; Article III, Public Service Tax on Utilities; Section 114-80, to read as follows: "Sec. 114-80. Exemption for houses of worship. The tax levied by this article shall not apply to purchases by any recognized house of worship for use exclusively for house of worship purposes." Section 3. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 114, Taxation; Article IV, Telecommunications Services Public Service Tax, to read as follows: "ARTICLE IV. TELECOMMUNICATIONS SERVICES PUBLIC SERVICE TAX* Ordinance No. 15-11 Page 7 of 9 200 Telecommunications services public service tax shall be in accordance with Chapter 202, Florida Statutes, the Communications Services Tax Simplification Law." Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 5. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Ordinance No. 15-11 Page 8 of 9 201 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 12th day of April, 2011, and for second and final reading on this 10th day of May, 2011. Gail L. Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, President Pro Tern William J. Diamond, Town Council Member ATTEST: Richard M. Kleid, Town Council Member Susan A. Owens, Town Clerk Michael J. Pucillo, Town Council Member Ordinance No. 15-11 Page 9 of 9 202