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Page 1
EXHIBIT #1
Regular Council Meeting of 06/13/2011
Violation of Dangerous
Building Ordinance
58 East Rustic Lane
TLOZ/E1/90 JO SUH [OUND AENsIY
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Page 2
58 East Rustic Lane
Case History
e Numerous violation cases since 2006
— Junk and debris
— Tall grass & weeds/overgrowth
— Exterior violations
e Involuntarily registered as vacant in 2007
e Outstanding payments
— Taxes
Page 3
Dangerous Building Code —
Chapter 22 Article XI, Sec. 22-381
eee
e (5)Unfit for habitation
e (9)General welfare.
e (10) Code violations.
e (12) Unoccupied buildings.
Page 14
Recommended Council Action
CO
e Declare this building and all accessory buildings on the property
dangerous.
e Order the property repaired or demolished by July 13, 2011.
e Order the Building Inspector to cause the repair or demolition of
the structure if not completed by the owner within (10) days of the
date set by Council.
e Order the City Manager with the assistance of the City Solicitor to
cause the cost of repairs or demolition to be charged against the
land on which the building exists as a municipal lien or cause such
cost to be added to the tax duplicate as an assessment, or to be
the owner.
Page 15
EXHIBIT #2
Regular Council Meeting of 06/13/2011
Violation of Dangerous
Building Ordinance
43 East Division Street
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TIOZ/€1/90 Jo Sunsayy [Hun
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Page 16
43 East Division Street
Case History
e Numerous violation cases since 2006
— Junk and debris
— Tall grass & weeds/overgrowth
— Exterior violations
e Involuntarily registered as vacant in 2007
e Outstanding Payments
— Taxes
— Code Enforcement Fines
— Grass Cutting Charges
Page 17
Dangerous Building Code —
Chapter 22 Article XI, Sec. 22-381
eee
e (5)Unfit for habitation
e (9)General welfare.
e (10) Code violations.
e (12) Unoccupied buildings.
Page 18
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Page 23
Recommended Council Action
CO
e Declare this building and all accessory buildings on the property
dangerous.
e Order the property repaired or demolished by July 13, 2011.
e Order the Building Inspector to cause the repair or demolition of
the structure if not completed by the owner within (10) days of the
date set by Council.
e Order the City Manager with the assistance of the City Solicitor to
cause the cost of repairs or demolition to be charged against the
land on which the building exists as a municipal lien or cause such
cost to be added to the tax duplicate as an assessment, or to be
the owner.
Page 24
EXHIBIT #3
Regular Council Meeting of 06/13/2011
City of Dover
RECEIVED
MAY 16 2011
CUTY MANAGER/MAYOR
STATE OF DELAWARE
DEPARTMENT OF TRANSPORTATION
@00 Bay Road
P.O. Box 778
Dover, DELAWARE 19903
CLEON L. CAULEY, sR.
Al
CTING SECRETARY May 9, 201 1
The Honorable Carleton E Carey, Sr.
City of Dover
P O Box 475
Dover DE 19903-0475
RE: Eden Hill Farm North Street Roundabout Construction
Dear Mayor Carey:
This is to serve as an Agreement (AGREEMENT) between the Delaware Department of
Transportation (DeIDOT) and the City of Dover for the above-referenced project.
This project, hereinafter referred to as the PROJECT, consists of the construction of the
North Street Roundabout at Eden Hill Farm.
This is a City of Dover project, with DelDOT responsible for making sure that they
comply with all applicable state rules.
I. In accordance with this AGREEMENT, the City of Dover shall:
A. Under an open-end agreement, administer the construction of the PROJECT, including
but not limited to construction engineering, construction inspection, materials testing
and certification in accordance with state requirements.
B. Apply for and obtain, prior to construction all permits required by state, and local
authorities.
C. Coordinate with all utility companies within the project limits to determine conflicts with
the proposed construction, required utility adjustments and relocations and obtain a
relocation schedule. The approved relocation schedule will be included in the Special
Provisions for the PROJECT. Reimbursable utility costs will be included in the
PROJECT cost.
D. Complete the PROJECT within one (1) year of the date of this AGREEMENT.
ATTACHMENT A @ cover =
EDEN HILL FARM
NORTH STREET ROUNDABOUT CONSTRUCTION
Page 25
Eden Hill Farm North Street Roundabout Construction
May 9, 2011
Page 2 of 4
E. Be responsible for the maintenance of the PROJECT upon completion.
H. In accordance with this AGREEMENT, DelDOT shail.
A. Reimburse the City of Dover with funding not to exceed FIVE HUNDRED THOUSAND
DOLLARS ($500,000) for the construction of the PROJECT. DelDOT shall establish a
project account in order to process payments for eligible costs associated with the
PROJECT,
The epilogue language referenced below allows funds to be transferred to the City of
Dover for the Eden Hill Farm:
The Delaware State Senate, 142"! General Assembly, Senate Bill No. 170,
Section 78, Eden Hill Farm, “The State acknowledges that the lands in the City of
Dover known as the Eden Hill Farm, and adjacent undeveloped lands in the City of
Dover and Kent County, (all collectively referred to herein as the Farm") constitute an
area of critical importance to the vitality of the State, Kent County, and the City of
Dover, The State also acknowledges that this is a shared vision and responsibility of the
State, its subdivisions and instrumentalities, and that is clearly in the public mterest to
maximize both the private and public employment, as well as the public educational,
recreational, cultural, and economic development opportunities available at the Farm.
The State, with and through the Department of Transportation (the “Department”) and
other departments of government, must work creatively and cooperatively with other
public entities and private interests, including employers located at or near the Farm, to
increase and expedite employment, economic development, transportation, cultural, and
recreational opportunities.
In furtherance of these recognized public mterests and public purposes, and
notwithstanding the provisions of any State or local law, ordinance or regulation to the
contrary, the Department is hereby authorized and directed to take such actions and
enter into such contracts, with public and private (whether for profit or not-for-profit)
entities as if deems necessary and appropriate for the planning, design, acquisition,
renovation, construction, or disposal of such assets as may be required to enhance the
transportation, employment, economic development, education, histaric and open space
preservation, recreational, and cultural use and development of properties on or near the
Farm, In pursuing these objectives, the Department shall pay special heed to the needs
of all forms of transportation, by means including but not limited to automobiles, and
shall insure that adequate facilities are designed and located at such points so as to
maximize the use of transit, pedestrian, bicycle, and such other modes as may be
appropriate for the area” “... the State specifically recognizes all such action,
expenditures, agreements, projects, uses, and activities to be public purposes and public
uses, in furtherance of the public interest.
Page 26
Eden Hill Farm North Street Roundabout Construction
May 9, 2011
Page 3 of 4
B. Donate all DelDOT owned right-of-way necessary to construct the PROJECT as set forth
IL
=
in the plans and specifications for the PROJECT. This shall include temporary
construction easements, permanent easements and other forms of acquisition as reflected
on the right-of-way plans for this PROJECT. By signature of this AGREEMENT, the
DelDOT grants permission to the City of Dover and the selected contractor the right to
trespass on DelIDOT's maintained or owned property in order to construct improvements
as set forth in the plans and specifications for this PROJECT.
Provide timely review and comment/approval of the PROJECT construction plans,
specifications and estimates.
Utilize the retmbursable funding provided for the PROJECT for the stated purpose only
and not be redirected by for any other purpose,
Under this AGREEMENT, the following General Conditions shall apply to the parties.
. Upon completion and acceptance of the PROJECT, the City of Dover will make a final
accounting of project costs. DelDOT will require the City of Dover to provide an
itemized spending report, which lists all costs incurred duting all phases of the PROJECT
development.
The City of Dover, shall cause to have its contractors indemnify and save harmless itself
and DelDOT from and against all claims, demands and causes of actions of every kind
and character arising in favor of the contractors’ employees or third party on account of
personal injuries or death or damages to property, which may arise out of the exercise of
this AGREEMENT
Please indicate your concurrence with these provisions by signing on the appropriate line
and retum the five (5) signed originals to my attention. If you have any questions or concerns,
please contact me at (302)760-2111.
Sincerely,
ichacl R. Strange
Acting Director of Planning
Page 27
Eden Hill Farm North Street Roundabout Construction
May 9, 201!
Page 4 of 4
APPROVED as to Form for DelIDOT:
A WHE. AC I o/ Af
Frederick Schranck Date
Deputy Attorney General
APPROVAL for the City of Dover:
Carleton E. Carey, Sr. Date
Mayor
APPROVAL for DelDOT:
Cleon L. Cauley, Sr. Date
Acting Secretary
ATTEST for DeIDOT:
Martha Dobson Date
Director of Technology and Support Services