REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on July 27, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Richter, Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant.
Staff members present were Inspections Director/Planner Roe, City Manager Bartolotta, City Assessor Lucas, Chief of Police Klenoski, City Solicitor Rodriguez, Assistant City Clerk Bittner, and City Clerk Willis.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested that an executive session be added to the agenda to discuss personnel matters.
Mayor Carroll requested that a letter be added, under correspondence, concerning mechanized trash collection from residents of Lakewood Place.
The agenda was unanimously approved as amended.
ADOPTION OF MINUTES - REGULAR C0UNCIL MEETING OF JULY 13, 1987
The minutes of the Regular Council Meeting of July 13, 1987 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Christiansen and bore the written approval of Mayor Carroll.
RESOLUTION - WILLIAM H. WILLIS
By motion of Mr. Lynn, seconded by Mr. VanSant, Council unanimously approved the following resolution:
WHEREAS, William H. Willis has been a faithful employee of the City of Dover since September 1, 1959, having served as City Clerk/Treasurer and Alderman to the Mayor and Council since November 15, 1973; and
WHEREAS, William H. Willis, during the 28 years he has served the City of Dover, has significantly contributed to and assisted in various departmental functions of the City government; and
WHEREAS, the performance of his duties and responsibilities, and his working relationships were always characterized by an obvious dedication to performing any task to the best of his ability; and
WHEREAS, William H. Willis excelled in dealing with the public and his exemplary performance resulted in portraying an excellent image for the Mayor, Council, and the entire City of Dover government.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their sincere gratitude to William H. Willis, who contributed endless hours to the City of Dover and highly commends him for the manner in which he has carried out his responsibilities and duties as an employee of the Mayor and Council.
2. The Mayor and Council wish William H. Willis and his family a happy and peaceful retirement.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation for the long and dedicated service of William H. Willis.
ADOPTED: July 27, 1987
Mayor Carroll presented Mr. Willis with a framed resolution and a City of Dover plaque depicting his years of service with the City of Dover. Mayor Carroll expressed his personal gratitude to Mr. Willis for his many years of dedicated service.
Mr. Willis addressed Mayor Carroll, members of Council, and City staff, expressing his sincere appreciation for the many years of assistance rendered him during his tenure as a Council employee. He commended members of Council for the many personal hours of dedicated service given to the City and congratulated them for the wonderful job they are doing for the citizens of the City of Dover.
Mr. Willis also complimented Council on their choice of Ms. Debrah Bittner to fill his position of City Clerk, feeling that she is more than capable and wishing her the best of luck in the future.
RESOLUTION - ACCEPTANCE OF BIDS - BOND SALE
Finance Director Mike Karia submitted a proposed resolution regarding the acceptance of bids for $1,000,000 City of Dover General Obligation Bonds Series 1987. The resolution was prepared by the City's bond counsel and reviewed by the City Solicitor.
By motion of Mr. Weyandt, seconded by Mr. VanSant, Council by unanimous roll call vote, adopted the following resolution:
THE CITY OF DOVER
$1,000,000
GENERAL OBLIGATION BONDS
SERIES 1987
RESOLUTION
THE CITY OF DOVER RESOLVES:
WHEREAS, the Mayor and Council have approved, by a Resolution passed by City Council on April 13, 1987, a project for the renovation of certain public facilities in connection with the Constitution Place project in downtown Dover; and
WHEREAS, the Mayor and Council have approved, by the April 13, 1987 Resolution, the repaving of certain city streets in connection with a comprehensive street repaving program; and
WHEREAS, the Mayor and Council have determined that the City's General Obligation Bonds in the amount of $1,000,000 should be issued pursuant to Section 50(c) of the City Charter, as amended, to partially fund the Constitution Place project and to fund the street repaving program; and
WHEREAS, a Notice of Sale was published on July 7, 1987 in the "Morning News," Wilmington, Delaware, the "Delaware State News," Dover, Delaware, and "The Bond Buyer," New York, New York, and a Preliminary Official Statement was made available to prospective purchasers; and
WHEREAS, bids for the purchase of the Bonds were received up to 12:00 noon on July 14, 1987, and were publicly opened, read and considered, with the bid attached hereto being the bid with the lowest true interest cost.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dover, as follows:
1. The Council hereby ratifies the form of the Notice of Sale attached hereto as Exhibit A which was published on the date and In the manner described above.
2. The Council approves the sale of the City's $1,000,000 General Obligation Bonds, Series 1987, pursuant to Its Bond Resolution of June 8, 1987, to the aforesaid Notice of Sale and to the Preliminary Official Statement attached hereto as Exhibit B.
3. The Council awards the Sale of Bonds to Alex Brown & Sons Incorporated and accepts the bid for the purchase thereof as set forth in the signed Bid Form attached hereto as Exhibit C.
4. The City officials are authorized and directed to take all actions necessary to issue the Bonds and carry out the terms and purposes of the financing, including the delivery of an Official Statement and of the necessary closing documents and certificates.
Adopted by City Council of The City of Dover on July 27, 1987 by the affirmative vote of Councilmen
Approved by the Mayor of The
City of Dover on July 27, 1987
It is noted that the Notice of Sale, Official Bid Form, and the Official Statement is on file in the Office of the City Clerk and the Office of the Finance Director/Treasurer.
PARKING AUTHORITY REPORT
Dover Parking Authority members Larry McAllister and Gregory Boaman were present to submit the Day Demand Study for the Dover Parking Authority. Mr. McAllister introduced Mr. Norman Day who reviewed the report with members of Council.
Mr. Day explained the objectives of the study concerning a lack of parking which led to the Parking Authority requesting a detailed inventory of parking in downtown Dover in an attempt to discover an avenue for parking improvements and an equitable way of sharing in the costs for the needed improvements.
In accordance with an initial inventory in December 1986 by Orth-Rodgers-Thompson and by Norman Day Associates in March 1987, it was determined that 3,896 parking spaces are available in the central Dover area, as defined by Water Street on the south, Queen Street on the west, Reed Street and north of the DNREC building on the north, and the St. Jones River on the east. Mr. Day stated that approximately half of the off-street parking supplied in the area is controlled by the four branches of government; i.e. City of Dover - 300 lots, Kent County - 132 lots; State of Delaware - 924 lots; U.S. Government - 212 lots. Although it appears that there is plenty of available parking, Mr. Day stated that the parking resources are highly fragmented, resulting in only approximately 70% utilization of available parking.
Mr. Day cited the goals of the study as achievement of maximum utilization of available parking and to increase the supply of parking in critical locations such as along North Street and Bradford Street which are in close proximity to Loockerman Street. He felt that it is critical to change the public's perception that there is insufficient available parking in the downtown area.
Mr. Day reviewed several suggestions for possible means of revenue and recommended parking improvement/management strategies.
As chairman of the Dover Parking Authority, Mr. Larry McAllister addressed Council and submitted the following statements:
Day Parking Demand Study - Dover Parking Authority
If all of you will recall, our appointment in May of 1986 coincided with the release of information regarding Constitution Place. At that time, our Authority was embroiled with creating temporary parking for displaced parking as contemplated by the original plans of Constitution Place which, at that time, included displacement of parking around the general area of The Green as well as State Street. As our Authority was working toward a solution toward this imminent problem, it became apparent to us, as time went on, that this Council and City government was becoming embroiled in budgetary restraints with regards to the overall conception and completion of Constitution Place.
This Authority would like to take the following position with regards to Constitution Place as it impacts future income for the Authority as well as the City of Dover and historical significance. Surface improvements for history as well as the increase of tourism in this instance is being shared, in cost for these improvements, by various State agencies as well as the City of Dover. You are fortunate to gain by such an investment and should take full advantage of this opportunity to add to our heritage thus benefitting by the increased tourism trade to our fine City and project our City as a focal point for all our futures. Underground utility improvement should not enter into the overall scheme of surface improvements as Constitution Place was conceived, but should be funded through utility bonds which this City government has at its convenience to issue if our City fathers and City government deem these improvements to be necessary for the surface improvements as conceived by Constitution Place.
Mr. Greg Boaman would like to further elaborate on these comments.
Industrial Park/Commercial Center Approach for Downtown Redevelopment
This City Council has a prime opportunity to plan and assist in the future redevelopment of downtown Dover if it considers its downtown core area as a potential industrial, in this instance commercial center, to increase tax base and licenses that will be required as this area redevelops. As in any industrial park atmosphere, utilities, streets and site plan have to be adopted and approved for budgetary expenditures to attract such an ongoing enterprise. It is our hope that this Council keeps this type of enterprise in mind as it should when voting on Constitution Place as well as the completion of the Downtown Dover Redevelopment Study in conjunction with the parking demand study that has just been presented here tonight. The following recommendations have been made by the Authority and will require input and consent from City Council.
1.We have accepted the results of the Day parking demand study and urge the City government to support it.
2.We propose to finance the phased plan by the creation of a benefit district with City support.
3.We propose that a 50% tax credit (precedent set in 1972) for the core area of property owners excluding residential and vacant land. This request is due to the fact that the City government enjoys the high density zoning that is now in effect for these areas and does not provide any off-street parking substantial enough for the future of downtown redevelopment or as it exists today. This credit will benefit the property owners who will be taxed for the benefit district of the Authority for the improvements contemplated by this Authority.
4.We propose that all new C-2 zoning requests be amended to allow for a one-time charge to the credit of each Dover Parking Authority for 10% of the cost of each deficiency of parking space for contemplated building use as calculated by our present formulas. Example - new C-2 zoning request building use deficiency 10 spaces - cost for each space $1,000 (10% of $10,000 equals $1,000).
5.Considering the fact that retail licensing will continue to degenerate in the core area of downtown redevelopment, it could be contemplated, at this time, that a new licensing, or tax, be adopted for commercial lessors. This new license or tax would be patterned very much after the present State gross receipts tax. We would contemplate that 50% of the income of this new tax be given over to the Dover Parking Authority for capital improvements and land acquisition for off-street parking. The benefit of the additional tax would then be utilized by the City government rather than from the general fund for downtown redevelopment cost and beautification projects.
6.We propose to implement our plan in concert with the overall downtown redevelopment study which we urge you to proceed with. This plan, when adopted by City government and put In place with the Authority's plan, should help the overall acceptance of the plans by the general public as well as the core property owners of the downtown area.
Mr. Greg Boaman urged members of Council to support the Constitution Place project, taking full advantage of the contributions of other agencies. He felt that surface Improvements should be made, with underground utility improvements funded through utility bonds.
Mr. Boaman elaborated on Parking Authority recommendations and invited questions from members of Council. Alluding to recommendation #2 (Tax Credit), Mr. Boaman stated that City Council approved a similar credit In 1972 when a 40% credit was given to property owners in downtown Dover during a revitalization program at that time.
Mr. Christiansen wondered if benefit districts have been tried in nearby cities so that their success could be weighed by the City of Dover. Mr. Boaman replied that benefit districts are presently in effect in Wilmington, Delaware and in Salisbury, Maryland. Mayor Carroll and Mr. Boaman visited Salisbury, Maryland and feel that their venture has proven very successful. He stated, however, that property owners must have an incentive for participation in the program, stressing the importance of revitalization of the downtown area to achieve continued growth in an orderly fashion.
Mr. Christiansen questioned Mr. Day concerning City acquisition of the fire company parking lot and suggested that this plan be further evaluated.
Mr. Richter expressed his feeling that the Parking Authority has produced many considerations for Council to review and felt that members of Council should be given an opportunity to analyze the details.
Members of Council generally agreed that the recommendations should be incorporated in the comprehensive study being conducted for the center city area.
Mr. Boaman suggested that the Parking Authority meet with members of Council in a workshop to further discuss the downtown study and the Parking Authority recommendations.
Mayor Carroll thanked the members of the Dover Parking Authority for their report, stating that many long and dedicated hours have been contributed by the Parking Authority members towards the project.
CONFLICT OF INTEREST POLICY
For the protection of members of Council, it was recommended by City auditors and the Finance Director that a conflict of interest policy be adopted by Council.
The Assistant City Clerk read the proposed ordinance into the record.
By motion of Mr. Weyandt, seconded by Mr. VanSant, Council by unanimous roll call vote, adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article III, Division I of the City of Dover Municipal Code be amended to include Section 2-69 as follows:
Section 2-69 - Prohibition of Conflict of Interest Policy
A City official, elected or appointed, will not participate in a vote or decision on a matter affecting a person, entity or property in which the official has a substantial interest. A City official who has a financial interest in a business/investment or who holds a decision making position in any non-profit entity may not participate in a vote or decision regarding funding by or through the City for the entity. Where the interest of a City official in the subject matter of a vote or decision is remote or incidental, the City official may participate in the vote on decision and need not disclose the interest.
Incidental Interest: means an interest of a person or entity, including a City official, who would be affected in the same way as the general public. The interest of a council member in the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or similar decisions is incidental to the extent that the council member would be affected in common with the general public.
Remote Interest: Means an interest in a person, entity or property which is not a substantial interest and which has insignificant value, or which would be affected only in a de minimis fashion by a decision. This resolution does not establish dollar limits on the terms "Insignificant value" and "de minimis," which shall have their usual meanings and be subject to interpretation on a case by case basis.
Substantial Interest: means an interest other than remote or incidental.
A City official need not disclose the nature of the conflict of interest where such conflict is neither remote nor incidental and disqualifies the public official from participating in a vote or decision and he may merely state that he declines to participate in a vote or decision because of a conflict of interest. However, in the event that the City official is challenged by proper authority to disclose his conflict of interest, then he should disclose the same to the appropriate authority.
ADOPTED: July 27, 1987
Mr. Christiansen questioned that portion of the Policy concerning the proper authority for challenging the official in disclosing his conflict of interest. It was generally agreed that the term "proper authority" would include the Mayor or any member of Council who would have authority to challenge the City official to disclose his conflict of interest.
MONTHLY REPORTS - JUNE.
By motion of Mr. Weyandt, seconded by Mr. Christiansen, Council unanimously adopted the following monthly reports for June.
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Parking Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
Relative to the City Manager's monthly report, Mr. Christiansen questioned the City Manager concerning the new test on mechanized trash collection system.
Mr. Christiansen stated that he was unaware of the test including utilization of 300 gallon containers, which is to be shared by three property owners. He felt that the original plan called for every homeowner having their own 90 gallon container. Many citizens have expressed dissatisfaction with the shared container method of collection.
Mr. Bartolotta stated that, as displayed in the original video shown to Council members, residents receiving curbside pickup are using the 90 gallon containers. Those persons served by alley pickups will have 300 gallon containers to be shared by approximately three families. A total of 600 residents are involved in the test program with 450 utilizing curbside pickup and 150 receiving alley pickup. Mr. Bartolotta feels that it is Important to test both types of service and he encouraged Council members and residents to allow the test an opportunity for success before making any changes.
Mr. VanSant and Mr. Daisey also expressed concern that Council was not fully cognizant of the collection system requiring the 300 gallon containers for residential use.
Mr. Levitt suggested that Mr. Bartolotta attempt to fully explain the system to those citizens who are involved in the test program.
Mayor Carroll expressed concern that non-residents of the City will bring their trash into the City to be disposed of in the large 300 gallon containers.
CONSTITUTION PLACE BID
The Base Project ($2,495,250) for Constitution Place was developed in May in response to the first bid and encompasses all of State Street, the closing of Court Street, with no landscaping, and installation of new street lights on The Green. The State Street renovations include widened sidewalks, granite curbs, block pavers, landscaping, water/sewer replacement, moving of electric lines underground and historic street lights. State Street would remain as originally designed with the two following exceptions: (1) exclude the future electric duct bank which was to connect North Street with the southern edge of The Green and the duct bank that was to cross Water Street; and (2) the contractor recommends that the base for the brick sidewalks be 6" of crushed stone rather than concrete, which would result In a savings of $57,000.
If the Base Project is selected by Council, it was Mr. Bartolotta’s recommendation that the electric duct bank, from North Street to the southern edge of The Green, be included for an additional amount of $34,554.
Mr. Richter recommended that the Base Project in the amount of $2,495,250 be selected and agreed with the City Manager that the duct bank should be included in the amount of $34,554, for a total project cost of $2,529,804. Mr. Richter noted that the additional money for the duct bank could be absorbed by the Electric Fund.
Mr. Rodriguez informed Council that he would confer with Bond Counsel regarding a question by Mr. Weyandt concerning the legality of changing the intent of the use of the bond monies which is targeted towards more cosmetic changes now than was originally intended.
Mr. Daisey stated that he would support the Budget Project in the amount of $2,000,000 but he could not support the additional expenditure of $529,804 in the Base Project. The City has many diverse needs and Mr. Daisey felt that public monies should be distributed in a fair and equitable manner. He, therefore, could not support such a large expenditure for one project when there are many other projects that need the City's attention.
Mr. Richter moved for approval of the Base Project (Including the duct bank) and a financing program totaling $2,529,804, seconded by Mr. VanSant, contingent upon final approval by the Heritage Commission for their contribution to the project. The motion was approved by a roll call vote of seven (7) yes, one (1) no (Mr. Weyandt).
Mr. Richter moved to amend the operating budget and the general obligation budget to reflect column B, including an additional $35,554 for the duct bank, seconded by Mr. VanSant. The following resolution was approved by a roll call vote of six (6) yes, two (2) no (Mr. Daisey and Mr. Weyandt).
WHEREAS, the estimated application of General Obligation Bonds Series 1987 (total sources $1,040,030) provided $455,074 for Constitution Place (streets and street appurtenances) and $509,708 for general street work; and
WHEREAS, the City Council desires to spend $568,229 on Constitution Place (streets and street appurtenances) and $396,553 for general street work.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DOVER does hereby amend the estimated application of General Obligation Bonds Series 1987 to provide $568,229 for Constitution Place (streets and street appurtenances) and $396,553 for general street work.
APPROVED: July 27, 1987
Mr. Richter moved for approval of the following agreement with the Department of Transportation, seconded by Mr. VanSant and carried by unanimous roll call vote.
AGREEMENT
THIS AGREEMENT made this day of 1987 by and between the State of Delaware, Department of Transportation, Division of Highways, acting by and through John T. Davis, Director of Highways, (hereinafter referred to as "DELDOT") as party of the First Part, and the City of Dover, acting by and through the City Manager (hereinafter referred to as "CITY"), as party of the Second Part.
WITNESSETH:
WHEREAS, DELDOT intends to request of the 134th General Assembly Five Hundred Thousand Dollars ($500,000) for the reconstruction of State Street between Water and Loockerman Street as part of the restoration of the Historic Core of the CITY hereinafter referred to as "PROJECT".
WHEREAS, funding for the restoration is a joint venture between the State of Delaware and the City.
NOW THEREFORE, the CITY and DELDOT, for and in consideration of the mutual covenants, hereinafter stipulated to be kept and performed, it is agreed between the parties as follows:
SECTION I
DELDOT will transfer funds provided in the FY88 Bond Bill designated for Constitution Place not to exceed Five Hundred Thousand Dollars ($500,000) to the CITY, for all aspects of design, advertising, and construction of the "PROJECT". In the event funds are not provided in FY88 Bond Bill DELDOT is under no financial obligation toward the "PROJECT".
SECTION II
The CITY shall be fully responsible for undertaking and supervising all phases of the necessary design plans, awarding and construction of the "PROJECT" with all aspects complying fully with appropriate state laws and shall furnish DELDOT with an accounting of expenditure of the funds at such time as the project is completed.
It is understood that in no case whatsoever shall DELDOT be liable for any amount in excess of Five Hundred Thousand Dollars ($500,000) for any aspect of the "PROJECT".
Any funds remaining at the completion of the "PROJECT" shall be returned to DELDOT.
SECTION III
The "PROJECT" consists of reconstructing State Street In a manner consistent with the historic nature of the area. Specifically the "PROJECT" includes renovations to the roadway (Pavement and curbs), sidewalks, signage, storm drains, landscaping and street lights. With respect to the maintenance of the historic appearance of the pavement surface (concrete paving blocks) of State Street, the City shall be responsible for said maintenance provided however that If the City should chose at any time not to maintain the historic appearance of the pavement surface (concrete paving blocks) of State Street, then DEL DOT shall maintain said surface in any manner it deems appropriate with or without regard to historic appearance. All other aspects of the current DELDOT/City Agreement for street maintenance will remain in effect.
DELDOT and the CITY agree that this Agreement is the entire and complete Agreement between the parties and that no alterations, modifications or amendments to this said Agreement shall be made or deemed valid unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be executed in quadruplicate, the day and year first above written.
DEPARTMENT OF TRANSPORTATION
BY:
Director of Highways
Approved as to Form
Deputy Attorney General
Attest:
Director of Administration
CITY OF DOVER
BY:
Robert J. Bartolotta
City Manager
Approved as to Form
City Solicitor
Attest:
City Secretary
Mr. Richter moved for approval of the following agreement with the Delaware Heritage Commission, contingent upon final approval by the Heritage Commission for their contribution and stipulating that the City be allowed to increase its scope of work to include Constitution Park which will be funded by the Heritage Commission. The motion was seconded by Mr. Christiansen and carried by a unanimous roll call vote.
AGREEMENT
This Agreement made and entered into this day of , 1987, by and between the City of Dover, a Municipal Corporation of the State of Delaware, ("CITY") and the Delaware Heritage Commission, a state Commission established by 29 Del. Code Chapter 32, ("COMMISSION").
WHEREAS, both the CITY and the COMMISSION desire the development of Constitution Park ("PARK") and sculpture on a site owned by the City at the Southeast corner of North and State Streets in the City of Dover; and
WHEREAS, the COMMISSION has approved a design for the park and sculpture and is willing to finance construction; and
WHEREAS, the CITY has construction administrative capability and is willing to manage construction of the park, but must seek a funding grant to finance said park;
NOW, THEREFORE, THE COMMISSION HEREBY GRANTS TO THE CITY AND THE CITY ACCEPTS THE SUM OF FOR THE SOLE PURPOSE OF FINANCING THE ENGINEERING, ARCHITECTURAL, AND CONSTRUCTION COST OF THIS PARK ACCORDING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. The City of Dover will enter into a contract with Whitman, Requardt and Associates, Inc., James Avirett as Engineer for the park.
2. The City of Dover will enter into a contract with Land Design Architects, Inc. , Thomas Ford, ASLA, ("the Architect") as Architect for the Park and for such supervisory services as are generally the responsibility of the architect and/or such other services as may be agreed to between the City and the Architect.
3. The CITY shall adhere to the design of the Park as approved by the Commission ("the Approved Design"), and the City shall obtain written agreements (contracts or change orders) from its contractors that they shall adhere to the Park design specifications as approved by the Commission.
4. The Commission, at its own expense, will provide the City with a sculpture and related artwork ("the Artwork") designed and executed by Richard Rothrock ("Rothrock") to be placed in the Park according to the Approved Design. The City will cooperate with Rothrock in the installation of the Artwork.
5. The Park design shall include some plaque or other permanent marker to indicate that Capitol Grange Number 18 contributed to the beautification of the Park site prior to the construction of Constitution Park.
6. If necessary the City shall obtain a wall easement from Henry Ridgely and a construction encroachment easement from Henry Horsey prior to the commencement of construction on the Park.
7. Construction of the Park including the services of Land Design Architects, Inc. and Whitman, Requardt and Associates, Inc. shall be fully funded by the Delaware Heritage Commission or its fiscal agent the Delaware Heritage Foundation by a non-matched grant(s).
8. The Commission, or its fiscal agent the Delaware Heritage Foundation ("the Foundation"), shall deliver to the City a grant in the amount of to fully fund construction of the Park. The Commission shall not be responsible for any contract or change order which would increase the total costs of the Park construction as approved by the Commission on and paid under this Agreement unless the increase is approved in writing in advance by the Commission or its authorized representative and a supplemental grant to cover the increase Is approved by the Commission.
9. The City shall keep the funds granted to it under this Agreement in an interest bearing account with the Interest earned to be applied toward the cost of construction.
10. The City shall keep records, including invoices, to support all charges against the grant. These records shall be available to the Commission, its agents, and any State officer entitled by law to review the Commission's activities at all times and for three (3) years after acceptance of the project. Any monies in excess of the actual cost of engineering and construction of the Park shall be returned to the Commission within ninety (90) days of acceptance of the project.
11. The Delaware Heritage Commission shall designate a member of the Commission to serve as Liaison among the Commission, the City, the Sculptor and the Architect.
12. While it is understood that dedication of this park is anticipated December 7, 1987, It is also understood that the City cannot guarantee that park construction will be complete by this date.
IN WITNESS WHEREOF, THE PARTIES HERETO BY THEIR DULY AUTHORIZED REPRE