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03-03-08 Agenda RegCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Monday, March 3, 2008 Regular 1. PUBLIC COMMENT: The public is encouraged to offer comments with the Meeting 6:00 order of presentation being as follows: City Staff, public comments, Commission p.m. discussion and official action. City Commission meetings are business meetings and Public Hearings the right to limit discussion rests with the Commission. Generally, remarks by an 7:00 p.m. individual will be limited to three minutes or less. The Mayor or presiding officer Delray Beach has discretion to adjust the amount of time allocated. City Hall Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243- 3774 ROLL CALL 2. INVOCATION The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. February 19, 2008 -Regular Meeting 6. PROCLAMATIONS: A. Recognizing and Commending the Delaire County Club B. Recognizing American Red Cross Month -March 2008 C. Recognizing Fair Housing Month - Apri12008 7. PRESENTATIONS: A. Lifesaving Award -Chief Larry Schroeder B. "You are Not Alone" -Dave and Creig Smith CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR SIDEWALK DEFERRAL/500 OLEANDER LANE: Approve a request to defer the installation of a sidewalk in front of 500 Oleander Lane. B. REQUEST FOR SIDEWALK DEFERRAL/3200 .TASMINE DRIVE: Approve a request to defer the installation of a sidewalk in front of 3200 .Tasmine Drive. C. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/REGIONS BANK: Authorize the City to act as the utility permit applicant for a water service connection within the state right- of-way for Regions Bank, located at 555 S.E. 9th Street, and approve a hold harmless agreement. D. SERVICE AUTHORIZATION NO. 07-O1/WANTMAN GROUP, INC.: Approve Service Authorization No. 07-O1 in the amount of $42,890.00 to Wantman Group, Inc. for conceptual design of improvements along Marine Way between the City Marina and the Atlantic Avenue Bridge. Funding is available from 334-6111-575-65.22 (General Construction Fund/Other Improvements/Riverwalk). E' INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Interlocal Agreement between the City and Palm Beach County to provide additional law enforcement services on the Intracoastal Waterway during manatee season. F. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2008-1: Formally initiate Comprehensive Plan Amendment 2008-1 pursuant to Section 9.2.1 of the Land Development Regulations. G.INTERLOCAL AGREEMENT/PALM BEACH COUNTY/OPEN CUTS: Approve an Interlocal Agreement between the City and Palm Beach County regarding open cuts under County thoroughfares. The City shall be responsible for repairing the open cuts for a six ~) month period after the final restoration of the open cut. H. RENEWAL/VALET PARKING LICENSE AGREEMENTS: Approve the renewal of all Valet Parking License Agreements from April 1, 2008 through March 31, 2009 and increase the associated monthly fees. L AMENDMENT NO. 2/INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 2 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the West Atlantic Avenue Beautification Project to increase the funding amount from $1,500,000.00 to $1,850,000.00. SPECIAL EVENT REQUEST/10TH ANNUAL CINCO DE MAYO FIESTA: Approve a special event request to allow the 10th Annual Cinco De Mayo Fiesta to be held Saturday, May 3, 2008, from 11:00 a.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per LDR Section 2.4.60 for use of the Old School Square surface lot, authorize staff support for traffic control and security, trash removal, EMS assistance, signage preparation and installation, and approve request to use the Old School Square parking garage, City Hall lots and City generator, contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance and liquor liability insurance. K. SPECIAL EVENT REQUEST/11TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 11th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 24 - 25, 2008 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.60 for the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, to provide staff support for traffic control and security, barricading and fire inspection services, contingent on the receipt of a hold harmless agreement and the certificate of liability insurance. L. AWARD OF BIDS AND CONTRACTS: 1. BID AWARD/GARDEN WORLD NURSERY & LANDSCAPE SERVICES: Approve a bid award and authorize the Mayor to execute the construction contract with Garden World Nursery & Landscape Services in the amount of $245,998.75 for the Downtown Delray Beach Gateway Landscaping of West Atlantic Avenue from the northbound I-95 on and off ramps to S.W./N.W. 12th Avenue. Funding is available from 334-3162-541-68.09 (General Construction Fund/Other Improvements/Atlantic Avenue Gateway Feature). REGULAR AGENDA: A. REQUEST FOR IN-LIEU PARKING SPACE/BOB'S FAMOUS BAR: Consider a request from Bob's Famous Bar, located at 217 East Atlantic Avenue, for the purchase of one ~) in-lieu parking space in the amount of $15,600.00 to accommodate the relocation of a double detector check valve. (quasi-.Tudicial Hearing B. CONDITIONAL USE EXTENSION REQUEST/YACHT CLUB AT DELRAY BEACH: Consider a request to extend the conditional use to construct a new yacht club with facilities to be known as Delray Beach Yacht Club, located at 110 MacFarlane Drive. (Quasi-.Tudicial Hearing C. GUARANTEED MAXIMUM PRICE (GMP)/MILLER PARK IMPROVEMENT PROTECT/THE WEITZ COMPANY: Provide direction regarding acceptance or rejection of the Guaranteed Maximum Price (GMP) in the proposed amount of $7,549,362.00 to the Weitz Company for construction activities associated with the Miller Park Improvements Project. Partial funding is available from 334-4173-572-63.90 (General Fund/Other Improvements). D. REQUEST FOR QUALIFICATIONS (RFQ)/REAL ESTATE BROKERAGE AND MARKETING SERVICES/OLD SCHOOL SQUARE RETAIL SPACE: Provide direction regarding the Request For Qualifications (RFQ) for real-estate brokerage and marketing services for the Old School Square retail space. E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consideration of the actions and decisions made by the Land Development Boards for the period February 19, 2008 through February 29, 2008. F. APPOINTMENTS TO THE BOARD OF AD.TUSTMENT: Appoint two ~) regular members to the Board of Adjustment to serve two ~) vear terms ending August 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #51. G. APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Appoint one ~) At Large Representative to the Kids and Cops Committee to serve a partial term ending November 30, 2009. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #~ H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one ~) regular member from Zone 5 to the Neighborhood Advisory Council to serve an unexpired term ending October 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). L APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two ~) regular members to the Nuisance Abatement Board for two ~) vear terms ending March 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). J. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one ~) regular member to the Police & Firefighters Retirement System Board of Trustees to serve an unexpired term ending .Tune 30, 2008. Based upon the rotation svstem, the appointment will be made by Commissioner McDuffie (Seat #3). K. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission for a four ~) vear term ending March 13, 2012. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). 10. PUBLIC HEARINGS: A. NONE 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 06-08: Consideration of a City initiated amendment to the Land Development Regulations (LDR) Section 6.2.1(D~, "Street and Alley Construction Standards", to provide updated standards regarding street and alley construction. If passed, a public hearing will be scheduled for March 18, 2008. B. ORDINANCE NO. 11-08: An ordinance adopting the Community Redevelopment Agency (CRA) Plan Amendment. If passed, a public hearing will be scheduled for March 18, 2008. C. ORDINANCE NO. 12-08: An ordinance amending Chapter 110, "Local Business Tax Receipts", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all business license tax fees. If passed, a public hearing will be scheduled for March 18, 2008. D.ORDINANCE N0.14-08: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted By Reference", of the Code of Ordinances by repealing Subsection ~)(5). If passed, a public hearing will be scheduled for March 18, 2008. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission FEBRUARY 19, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 19, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Brian Shutt, Assistant City Attorney Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Chaplain Ron Arflin with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis requested that Item 8.D., Resolution No. 07-08/Florida Department of Transportation (FDOTI/Joint Participation Agreement be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Also, under Item 10.D., Ordinance No. 31-07 will be moved up under Public Hearings to Item 10.A.A. Mrs. Montague moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Annual Citizen's Roundtable Meeting of January 30, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to approve the Minutes of the Regular Meeting of February 5, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to approve the Minutes of the SpeciaUWorkshop Meeting of February 12, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Water for Our Children Day -March 7, 2008 Mayor Ellis read and presented a proclamation hereby recognizing Friday, March 7, 2008 as Water for Our Children Day in the City of Delray Beach. John Marshall came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONTRACT ADDITION (C.O. 1)/RANDOLPH & DEWDNEY CONSTRUCTION, INC.: Approve a Contract Addition (C.O. No. 1) in the amount of $39,227.86 to Randolph & Dewdney Construction, Inc. for additional renovation work to the Pompey Park Community Center Project. Funding is available from 380-4250-572- 62.62 (2004 G.O. Bond/Buildings/Pompey Park Expansion). 8.B. SERVICE AUTHORIZATION NO. 04-10/CH2M HILL, INC.: Approve Service Authorization No. 04-10 in the amount of $63,597.00 to CH2M Hill, Inc. for professional engineering services in conducting Groundwater Modeling and for preparation of the Water Use Permit Application. Funding is available from 441-5122- 536-3130 (Water/Sewer Fund/Engineering/Architect). 8.C. RESOLUTION NO. OS-08/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/ROADWAY TRANSFER AGREEMENT: Approve and adopt Resolution No. OS-08 authorizing execution of a Roadway Transfer Agreement with the Florida Department of Transportation (FDOT) to transfer Depot Road from FDOT to the City. The caption of Resolution No. OS-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A ROADWAY TRANSFER AGREEMENT FOR DEPOT -2- 02/19/08 ROAD FROM NW 2nd AVENUE TO LAKE IDA ROAD FROM FDOT TO THE CITY AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. (The official copy of Resolution No. OS-08 is on file in the City Clerk's office.) 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. RENEWAL/SEA TURTLE MONITORING CONTRACT WITH DR. JOHN FLETEMEYER: Approve and authorize the renewal of an agreement with Dr. John Fletemeyer for the sea turtle monitoring program for three (3) years (through October 31, 2010) at a yearly rate of $38,750.00. Funding is available from 332-4164- 572-34.90 (Beach Restoration Fund). The cost is partially reimbursed by federal and state appropriations. 8.F. AMENDMENT NO. 1/NAMING RIGHTS CONTRACT/ FUTBOLMASTERS, INC.: Approve Amendment No. 1 to the Naming Rights Contract between the City and FutbolMasters, Inc. extending the contract for six (6) months. 8.G. SPECIAL EVENT REQUEST/BIG SHOT VOLLEYBALL TOURNAMENT: Approve a request from East End Volleyball for the Big Shot Volleyball Tournament to be held at the municipal beach on March 29 and 30, 2008. 8.H. SPECIAL EVENT REOUEST/EASTER SUNRISE SERVICE: Approve a request for an Easter Sunrise Service to be held on March 23, 2008, granting a temporary use permit per LDR Section 2.4.6(F) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of the pavilion, authorize staff support for traffic control, barricading and EMS presence. 8_I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 4, 2008 through February 15, 2008. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Dell in the amount of $16,547.84 for a server for the in-car video system for the Police Department. Funding is available from 334-2111-521-64.90 (General Construction Fund/Other Machinery/Equipment). 2. Purchase award to Fortis SE Document Management System through PMI Imaging Systems in the amount of $25,235.00 for upgrades to the Canofile System at the Police Department. Funding is available from 001-2111-521-66.10 (General Fund/Software). -3- 02/19/08 3. Purchase award to Hector Turf in the amount of $21,584.38 for the purchase of one (1) Toro Groundmaster 3100 with ll blade cutting units and wiehle rollers for the Delray Beach Golf Course. Funding is available from 445-4761-572.64.90 (Delray Beach Municipal Golf Course Fund/Other Machinery/Equipment). 4. Purchase award to Metron-Farnier, LLC in the amount of $37,689.00 for the purchase of 33 large water meters to continue the Large Water Meter Replacement Program. Funding is available from 442-5178-536-61.81 (Water/Sewer Renewal & Replacement Fund/Water Meter Replacement Program). 5. Approve a contract award to Jade Communications, Inc. in the amount of $60,845.00 (County Contract #05193) for the cabling and equipment move to the new Information Technology building and a contract award to APC Systems in the amount of $302,610.00 (State Term Contract) for the air conditioning rack system, fire suppression systems, and the UPS battery backup systems. Funding is available from 334-6112-519-62.85 (General Construction Fund/Capital Outlay/City Hall Expansion/IT Building). The award to APC system is recommended contingent upon the City Attorney's Office and vendor reaching agreement on the terms of the contract. Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. RESOLUTION NO. 07-08/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/JOINT PARTICIPATION AGREEMENT: Approve and adopt Resolution No. 07-08 authorizing execution of a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to accept funding in the amount of $180,180.00 over the next three (3) years for the expansion of the Downtown Roundabout Shuttle System. The caption of Resolution No. 07-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORATION FOR FUNDING OF THE TRI-RAIL SHUTTLE SERVICE EXPANSION AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. -4- 02/19/08 (The official copy of Resolution No. 07-08 is on file in the City Clerk's office.) Mayor Ellis stated there is also a grant from the Community Redevelopment Agency (CRA) that is proposed to make up another part of the funding ($30,030.00 per year for three years). Mayor Ellis stated she spoke with Palm Beach County Commissioner McCarty and she has agreed to fund the City's portion for three years at $90,000.00 towards the expansion of this shuttle. Mrs. Montague moved to approve Resolution No. 07-08, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.A. AMENDMENT NO. 1 TO THE AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI, INC.: Consider approval of Amendment No. 1 to the Wireless Broadband Agreement between the City and Delray Beach WI-FI, Inc.; and Consent to Assignment with e-Path Communications of Delray Beach, Inc. regarding the Wi-Fi system throughout the entire City; or provide direction regarding terminating the agreement. Brian Shutt, Assistant City Attorney, stated the only thing Delray Beach Wi-Fi, Inc. will agree to now is an extension of the ability to construct the Wi-Fi free service downtown. Mr. Shutt stated they would like approximately seven weeks up through April 18, 2008. He stated this is reverting back to the original terms of the agreement. The City Attorney stated Delray Beach Wi-Fi will abide by the original agreement by giving the City of Delray Beach the computers; however, it will not be upfront as the City tried to get them to do. She stated this approval would be subject to receiving the Consent to Assignment and subject to receiving the Corporate Resolution. Mr. Fetzer asked for clarification regarding the seven week extension. Mr. Shutt stated Delray Wi-Fi will try to do along Atlantic Avenue in the boot area and they think they can do it along Atlantic Avenue but they just cannot go three blocks north or three blocks south in the boot area along Atlantic Avenue. Mr. Shutt stated the timeframe was November 2007 and noted that Delray Beach Wi-Fi stated they had issues with Florida Power and Light (FPL). Mr. Fetzer asked if Delray Beach Wi-Fi has a joint agreement with FPL. In response, Mr. Shutt stated Delray Beach Wi-Fi has provided him with documentation and it appears they have an agreement with FPL to use their poles. The City Attorney stated Delray Beach Wi-Fi has represented that they are the only ones in Florida with such an agreement. Mr. Fetzer stated he feels the City should go ahead and approve giving Delray Beach Wi-Fi the additional seven week extension; however, he would not be in favor of anything beyond that. The City Attorney stated that is for the free downtown service and then they have 90 days to complete other parts of it. -5- 02/19/08 Mrs. Montague asked if Delray Beach Wi-Fi does not complete their part of the agreement after the seven weeks what position the City is in. Mr. Shutt replied that he would bring this back to the City Commission and seek approval to begin the cancellation proceedings if Delray Beach Wi-Fi has not complied with the terms. Furthermore, he stated at the end of the seven weeks if the City goes downtown and there is no free service then Delray Beach Wi-Fi has not complied with the terms of the agreement. Brief discussion between the Commission followed. Mr. Fetzer moved to approve Amendment No. 1 to the Wireless Broadband Agreement between the City of Delray Beach and Delray Beach Wi-Fi, Inc., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague - No; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 1 vote, Commissioner Montague dissenting. Mr. Eliopoulos moved to accept the Consent to Assignment subject to Corporate Resolution, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - No; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 1 vote, Commissioner Montague dissenting. 9.B. AGREEMENT/ATC INTERNATIONAL, INC.: Consider approval of an agreement between the City and ATC International, Inc. for the construction and installation of eleven (11) retractable towers at various points throughout the City. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). Brian Shutt, Assistant City Attorney, stated this is an agreement with a company to finish construction of 11 towers throughout the City to help as a backup system to the fiber network that is out there now. He stated the radios that would be placed on these antennas would be a backup. Mr. Shutt stated this company actually assumed control of the other company that the City had originally contracted with and the City is trying to have the job completed with this company. He stated there are still monies outstanding and a large portion of the funds actually came from a FEMA grant. Joseph Safford, Finance Director, stated there are eleven towers already installed and what is not working is the Wi-Fi equipment. Therefore, he stated they need to change out the Wi-Fi equipment. Mr. Safford stated the original towers were contracted with JBE Technology and they went out of business. The assets were purchased by ATC International, Inc. (ATC. Mr. Safford stated staff is requesting to change the agreement to ATC International, Inc. so they can finish the work and get the Wi-Fi towers up and working. He noted that this is not for use by the public but it is a City Wi-Fi system that would be used as a backup to the City's fiber network. -6- 02/19/08 Mrs. Montague asked if the City controls the contract. Mr. Safford stated the City controls and the cost is one hundred percent (100%) covered by either FEMA or the City's insurance for Hurricane Wilma. Mrs. Montague moved to approve the agreement between the City of Delray Beach and ATC International, Inc. for construction of eleven (11) retractable towers, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT AND MEMORANDUM OF UNDERSTANDING/SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU)/FLORIDA PUBLIC SERVICES UNION, CTW, CLC: Approve and ratify the Collective Bargaining Agreement and Memorandum of Understanding between the City and the Service Employees International Union (SEIU)/Florida Public Services Union, CTW, CLC (formally National Conference of Firemen and Oilers (NCF&O)), for a three (3) year period from October 1, 2007 through September 30, 2010. Bruce Koeser, Human Resources Director, stated he is pleased to announce that the City has a three year agreement with the service employees and highlights include: (1) allows the employee to be compensated for working in a higher classification once the employee works five (5) consecutive working days in the higher classification (moved from ten (10) days), (2) increase in wages 2% across the Board retroactive to January 1st and year three will be a wage re-opener, (3) change to bereavement leave for employees attending funerals out-of--state have increased from 3 days to 5 days, (4) lump-sum bonus for those who are maxed out retroactive back to October 1st, (5) the City will discontinue the 1 % match to the ICMA 457 Plan. Mr. Eliopoulos moved to approve the Service Employees International Union (SEIU), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.D. CHANGE TO CITY'S GROUP BENEFITS BROKER: Consider approval to change the City's Group Benefits Broker from the Gehring Group to Benefit Management Group (BMG), a division of Gallagher Benefit Services. Bruce Koeser, Human Resources Director, stated the City of Delray Beach has an opportunity to make a change in the City's group benefits broker for Medical Group benefits. Mr. Koeser stated the City has met with Benefit Management Group (BMG), a division of Gallagher Benefit Services, to discuss the possibility of using BMG as the City's Broker of Record. The City of Delray Beach currently uses the Gehring Group who has about six people and Gallagher Benefit Services has approximately 24 people and better resources. Mr. Koeser stated staff feels they can save some money and come up with more cost efficient programs for our employees. He stated to get them in -7- 02/19/08 as our broker the City's annual cost will drop from a $107,000.00 a year average to $90,000.00. Staff recommends using Benefit Management Group (BMG) as our Agent of Record for Group Benefits effective April 1, 2008. Mr. McDuffie moved to approve the City's Group Benefits Broker from the Gehring Group to Benefit Management Group (BMG), a division of Gallagher Benefit Services, as the City's Agent of Record for Group Benefits, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.E. HISTORICAL MARKER/SR AlA: Consider approval of the placement of a historical marker on the east side of SR AlA at the intersection of Bay Street and SR AlA. The City Manager stated Dottie Patterson has worked with the people that want to pay for this to work out the language. He stated Ms. Patterson has worked very hard to get it down to something which will be reasonable and still appropriately memorialize the contribution of the people who created the municipal beach. Mrs. Montague asked if this establishes a pattern for the City in terms of the look of historic markers. In response, Ms. Patterson stated this marker will be similar to two other markers in the beach area. The City Manager stated in the historic districts those markers would be post mounted but because the City already has some markers that are mounted on chunks of coral staff felt it would be appropriate to have the same type mounted. Mr. Eliopoulos moved to approve the placement of a historical marker on the east side of SR AlA at the intersection of Bay Street and SR AlA, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) regular members and two (2) alternate members to the Board of Adjustment to serve two (2) year terms ending August 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4), Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1), and Commissioner McDuffie (Seat #3). Mrs. Montague moved to appoint Harvey Starin to the Board of Adjustment as a regular member for a two (2) year term ending August 31, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. -8- 02/19/08 Mayor Ellis stated she wished to appoint Mel Pollack to the Board of Adjustment as a regular member for a two (2) year term ending August 31, 2009. Mr. Fetzer so moved, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to appoint Jess Sowards to the Board of Adjustment as an alternate member for a two (2) year term ending August 31, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to appoint Bernard Federgreen to the Board of Adjustment as an alternate member for a two (2) year term ending August 31, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate member to the Civil Service Board to serve an unexpired term ending July 1, 2008. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Elaine Calabrese to the Civil Service Board as an alternate member to serve an unexpired term ending July 1, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie - Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE HIDS AND COPS COMMITTEE: Appoint one (1) At Large Representative to the Kids and Cops Committee to serve a partial term ending on November 30, 2009. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). Mr. McDuffie stated he would like to defer his appointment to the March 3, 2008 regular meeting. 9_I. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 5 to the Neighborhood Advisory Council to serve an unexpired term ending October 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague stated she would like to defer her appointment to the March 3, 2008 regular meeting. -9- 02/19/08 At this point, the time being 6:41 p.m., the City Attorney suggested that the Commission move to Items 10.B. and 10.C. because these are not Public Hearings. 10.B. PURCHASE AND SALE AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) AND DEVELOPER: Consider approval of the Purchase and Sale agreement between the Community Redevelopment Agency (CRA) and the Developer in the amount of $3,000,000.00 for the redevelopment of the entire old library site, with the City as a third party beneficiary. from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down The City Attorney stated the City is a third party beneficiary and when staff gets to Item 10.A. the City agrees to transfer the remaining land to the Community Redevelopment Agency (CRA). The City Attorney stated then the CRA will package together all the lands and they will sell it to the developer. She stated as a third party beneficiary the City has certain rights to parking that will take place under those agreements. The City Manager stated when the sale takes place the City of Delray Beach will receive $13 million as its share. Mrs. Montague moved to approve the Purchase and Sale Agreement between the Community Redevelopment Agency (CRA) and the Developer in the amount of $3,000,000.00 for the redevelopment of the entire old library site, with the City as a third party beneficiary, seconded by Mr. McDuffie. Upon roll all the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 10.C. DELRAY BEACH CHAMBER OF COMMERCE RELOCATION AND PUBLIC PARHING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of the Relocation and Public Parking Space Agreement between the City, the Community Redevelopment Agency (CRA) and the Delray Beach Chamber of Commerce for the relocation of the Chamber of Commerce to the Old School Square Parking Garage. from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down The City Attorney stated this is an agreement between the Community Redevelopment Agency (CRA), the Chamber of Commerce, and the Developer and provides for the relocation of the Chamber of Commerce to the Old School Square Garage retail space facing N.E. 2nd Avenue and contains 6,380 square feet of space. The City Attorney stated there is a provision in the agreement that the location could change to the north side on N.E. 1st Street provided that would be available at some time depending on what happens there. The financial terms of this is that the developer will -10- 02/19/08 build out the space for the Chamber in the amount of $473,175.00. There will be additional monies contributed by the CRA to further build out that space. The City will receive additional monies as well for the public parking spaces, etc. that will not have to be built at the old library site due to the Chamber relocation at this site and the City of Delray Beach will receive $15,600.00 x 20 spaces. They will pay certain relocation expenses for the Chamber and the City of Delray Beach will receive $312,000.00 if the Chamber gets relocated here and the number of spaces they provide over there is 70 spaces. The City Attorney stated once this agreement is signed then the relocation is fixed and they have chosen this space to be the space. However, that is dependent upon them closing on the other space which could take a little bit of time. Therefore, the City Attorney stated this space may look vacant for a while until the developer starts building the space out for the Chamber. Mr. McDuffie expressed concern whether we would have enough space left for the type of tenant the City is trying to attract in the garage. He stated he believes the square footage was minus this square footage. The City Attorney stated that is a consideration because once the City approves it everyone else approves it, then the City has committed this space. Mr. McDuffie moved to approve the Relocation and Public Parking Space Agreement between the City of Delray Beach, the Community Redevelopment (CRA) and the Delray Beach Chamber of Commerce for the relocation of the Chamber of Commerce to the Old School Square Parking Garage, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 11.A. City Manager's response to urior uublic comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, Delray Beach, stated she was trying to listen to the radio broadcast on 1620 am and noted that it does not reach well into the Congress Avenue area. She stated it is garbled, it is on top of another signal and it has zapping sounds in it. Mrs. Finst stated the signal did not get clear until she got to 5~ and asked the Commission to give thought to whatever guarantee the City had on that contract for clear and efficient operation. Secondly, Mrs. Finst expressed concern over the street signs that are down in her community (Chatelaine). She stated she went on the City's website to the Q-Alert System (a/k/a Citizen Service Requests) several months ago to express concern. Mrs. Finst stated she also had a conversation with a Police Officer who is very familiar with the neighborhood who also reported the same missing signs for several months. She urged the Commission to look into this situation. -11- 02/19/08 11.B.2. Jason Mankoff, 102 North Swinton Avenue, Delray Beach, commended the City Commission for all the activities that were being held last weekend. He stated he took his children to the Open House at the Fire Station and noted at the same time the Garlic Festival and the tennis tournament were also being held. Mr. Mankoff thanked the Commission for all of the entertainment that is being provided throughout the community. 11.B.3. Pauline Moody, 609 S.W. 8t'' Avenue, Delray Beach, expressed concern over the garbage and debris thrown by the railroad tracks (concrete pillars that have been thrown there and old tracks from when they change out the tracks). She stated the people working on the railroad do not discard what they take up but instead just leave it there. She confronted the railroad people who were fixing the railroad crossings they indicated that it was the City's responsibility to clean everything up. Ms. Moody asked what the City's responsibility is and what the Florida Department of Transportation's (FDOT) responsibility is. She stated everyone who is building in the City should be picking up their debris and throwing it away. Ms. Moody asked who is going to start enforcing this immediately. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Attorney and the City Manager. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.B. City Attorney The City Attorney stated her grandchildren were in town over the weekend and they went to the beach and attended the Chili Cook-off. She stated there were tons of things to do and it is always fun. 13.A. City Manager The City Manager stated he attended the League of Cities Board Meeting this week and commented that in view of the financial situation that all the cities are facing, the Board voted to have no dues increased this year. The Board also voted to move the Associates Showcase to the month of February. He stated the County's Impact Fee Manager made a presentation to the Board of the increases in impact fees that have been recommended by their consultant (80-100%). The County's Impact Fee Committee is recommending no increase and the League of Cities Board is also recommending no increase. The City Manager stated there was also a presentation from the Palm Beach County Wireless Initiative which they have changed the name to the Broadband Initiative and they are speaking more about using the fiber used largely for traffic signal control and also what is called Lambda Rail which is fiber that runs along the railroads that makes a circular route through the State and connects all the universities. He stated the City uses the County's fiber and it looks like there may be some more opportunities for the City. The City Manager stated the Installation of Officers this year will be a luncheon event to help reduce the costs and is planned for the West Palm Beach Marriott on May -12- 02/19/08 28, 2008 and the cost is $50.00 per person and Ken Kaleel from Ocean Ridge will be installed as the new President on that date. The City Manager stated several appointments were approved to the Advisory Boundary Committee and incumbents were reappointed. He stated Robert Gotlieb was appointed to the Countywide Coastal Committee and Jeff Naftals, City Manager of Juno Beach, was appointed to the Impact Fee Review Committee. The League's Golf Tournament that they use for raising money for scholarships will be on October 10, 2008 in Atlantis and there was some discussion about the "Let Us Vote PAC". The City Manager stated when he went to the Manager's training in St. Augustine the Palm Beach County Managers had a meeting with Beth Rawlins and are starting to get organized to get geared up for the campaign to encourage people to vote "yes" on that particular County Charter Amendment. At this point, the time being 6:59 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A.A. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR) amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property that is allowed the permitted uses of the Central Business District (CBD) Zoning District; amending Subsection 4.4.24(F), "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. (THE APPLICANT HAS REQUESTED POSTPONEMENT UNTIL MAY 6, 2008 REGULAR COMMISSION MEETING) The caption of Ordinance No. 31-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PERMITTED USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -13- 02/19/08 (The official copy of Ordinance No. 31-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 31-07, the public hearing was closed. Mr. Fetzer moved to postpone Ordinance No. 31-07 (Second Reading/Second Public Hearing) to a date certain of May 6, 2008 at 7:00 p.m. to continue the public hearing on this item, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.A. At this point, the time being 7:01 p.m., the Commission moved to Item 10.A. RESOLUTION NO. 03-08/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCY/TRI-PARTY INTERLOCAL AGREEMENT: Consider approval of Resolution No. 03-08 authorizing the City to sell certain real property located behind the Old Delray Beach Library, for the redevelopment of the old library site; and approve a Tri-Party Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) which will allow the transfer/sale of Lots 14, 15, 16, 17 and 18 of Block 101 to the CRA to facilitate the ultimate transfer by the CRA of the entire old library site to the Developer selected by the CRA for redevelopment of the site. The caption of Resolution No. 03-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED BEHIND THE OLD LIBRARY, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 03-08 is on file in the City Clerk's -14- 02/19/08 Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. The City Attorney stated Resolution No. 03-08 incorporates the contract through the Tri-Party Interlocal Agreement conveying Lots 14, 15, 16, 17 and 18 of block 101 to the Community Redevelopment Agency (CRA) that will be ultimately transferred by the CRA to the developer. The City will receive all monies over $1.7 million. In addition, the CRA will pay to the City of Delray Beach at closing $315,450.00 which represents the difference between the total of the City's costs of constructing the relocation space and the developer's cost of building out the interior. This is based on the market value of the appraisal done by Anderson & Carr, Inc. The CRA also indicates in this agreement that they will pay the common area maintenance costs of the parking facility as agreed. However, the terms of the public facility easement agreement has to be worked out. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 03-08, the public hearing was closed. Mr. McDuffie moved to approve Resolution No. 03-08 Contract for Sale and Purchase of Property for aTri-Party Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.D. THIS ITEM HAS BEEN MOVED UP TO ITEM 10.A.A. At this point, Commissioner Eliopoulos returned to the dais. 10.E. ORDINANCE NO. 02-08: City initiated amendment to the Land Development Regulations (LDR) Sections 4.4.13(C), and 4.6.9(E)(4), to apply minimum property vacancy period requirements for mechanical parking lifts, in-lieu of parking fees, and public parking fees for in-fill developments within the Central Business District (CBD) and also to Appendix "A", Definitions, to amend the definition of In-Fill Development. The caption of Ordinance No. 02-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C), "ACCESSORY USES AND STRUCTURES PERMITTED" TO PROVIDE THAT MECHANICAL PARKING LIFTS ARE A PERMITTED USE FOR AN -15- 02/19/08 IN-FILL DEVELOPMENT PROJECT THAT HAS BEEN VACANT FOR A MINIMUM PERIOD OF ONE YEAR; AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES", SUB- SUBSECTIONS 4.6.9(E)(3), "IN-LIEU FEE", AND 4.6.9(E)(4), "PUBLIC PARKING FEE", TO PROVIDE THAT IN-LIEU FEES AND PUBLIC PARKING FEES ARE AVAILABLE FOR IN-FILL DEVELOPMENTS THAT HAVE BEEN VACANT FOR A PERIOD OF FNE YEARS OR LONGER; AMENDING APPENDIX "A" TO PROVIDE A REVISED DEFINITION FOR IN-FILL DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 02-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the City Commission recently approved some LDR changes which allowed single level mechanical parking lifts in the Central Business District (CBD) for In-fill Development. This amendment modifies the timeframe and allows that to be applied to parking lifts for one year but continues to retain the five years which is in the current definition for the option of public parking fees and in-lieu fees options. At its meeting of November 19, 2007, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 6 to 0 vote. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 02-08, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 02-08 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. OS-08: Consideration of a rezoning from Special Activities District (SAD) to Open Space and Recreation (OSR) fora 0.72 acre City owned parcel, located east of the recently approved Midtown Delray mixed-use development (f.k.a. Bloods Hammock Grove) and west of Orchard View Park. -16- 02/19/08 The caption of Ordinance No. OS-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTNITIES DISTRICT) TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED EAST OF MIDTOWN DELRAY (FKA BLOOD'S HAMMOCK GROVES) AND WEST OF ORCHARD VIEW PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. OS-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a 0.72 city- owned parcel and during the deliberation of Mid-Town Delray it was discovered that the area continues to be zoned SAD (Special Activities District). Mr. Dorling stated this is a corrective rezoning to OSR (Open Space and Recreation). At its meeting of January 28, 2008, the Planning and Zoning Board considered the rezoning request and recommended approval with a 6 to 0 vote. Mayor Ellis declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. OS-08, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. OS-08 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 07-08: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection 2.43(K), "Fees", Subsection 2.4.3(K)(1), "Development Applications", to provide for an increase in certain development application fees. The caption of Ordinance No. 07-08 is as follows: -17- 02/19/08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(x), "FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN CERTAIN DEVELOPMENT APPLICATION FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 07-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is limited to two fees. He stated where there is a conditional use and site plan combined there is only one fee and those actions actually have to go before two different Boards and reports have to be prepared for each of those. Mr. Dorling stated staff split them out and is asking for a fee for each one. He stated the second fee change is that associated with the development of single family homes in the Overlay District. There is currently a fee that is a pass through to Urban Design Studios and there is no fee the City collects for that although staff does a review. Staff suggests adding the concept fee to that overall fee. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 07-08, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 07-08 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 10-08: An ordinance creating Chapter 94, "Municipal Cemetery", of the Code of Ordinances by enacting Section 94.01, "Authority", to provide for rules and fees for the municipal cemetery. The caption of Ordinance No. 10-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, -18- 02/19/08 CREATING CHAPTER 94, "MUNICIPAL CEMETERY" OF THE CODE OF ORDINANCES BY ENACTING SECTION 94.01, "AUTHORITY", TO PROVIDE FOR RULES AND FEES FOR THE MUNICIPAL CEMETERY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE office.) (The official copy of Ordinance No. 10-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Brian Shutt, Assistant City Attorney, stated this ordinance provides the authority for the City of Delray Beach to enact rules and fees for the municipal cemetery. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10-08, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 10-08 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.I. RESOLUTION NO. 06-08: Consider approval of Resolution No. 06-08 adopting the rules, regulations and fees for the Delray Beach Memorial Gardens Municipal Cemetery. The caption of Resolution No. 06-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ATTACHED RULES, REGULATIONS AND FEES FOR THE DELRAY BEACH MEMORIAL GARDENS MUNICIPAL CEMETERY. (The official copy of Resolution No. 06-08 is on file in the City Clerk's Brian Shutt, Assistant City Attorney, stated this resolution sets forth the rules and a couple versions of the fees for the municipal cemetery. He stated one of the provisions restricts the sale of the interment rights to residents who reside in the City, provides for the repurchase of the burial rights to the City where they cannot be transferred to other people or other entities, and provides for presumption of -19- 02/19/08 abandonment in the case that if a 30 year time period goes by and the City does not have contact with the person then there is a procedure the City can follow to have the burial rights come back to the City. In addition, Mr. Shutt noted there are a couple of versions of the proposed fee structures attached to the rules as well. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 06-08, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 06-08 subject to the proposed price changes to the cemetery plots, opening and closing, and the mausoleum, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12.A. NONE. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the Commission. 13.C. City Commission 13.C.1. Mr. McDuffie Mr. McDuffie stated he and his wife volunteered for S.D. Spady at the Garlic Festival and the crowds were phenomenal. He did ticket sales outside the food court and they went through three sets of tickets each which is 1,000 in each bundle in just the hours they worked which was 10:00 a.m. - 3:00 p.m. Mr. McDuffie stated there was great entertainment and they had a great time. Secondly, he stated the tennis tournament was excellent and commended the volunteers who were checking tickets because they did an admirable job. Mr. McDuffie stated his father-in-law was in town from Indianapolis and they attended the Fire-Rescue Department Open House. He stated there were CPR classes underway; blood pressure testing and the comments from the community about the City services were terrific. Mr. McDuffie stated this is a phenomenal idea and it is great outreach into the community. He stated the event was a tremendous success and Senator Atwater was a great supporter of Delray Beach. He stated he is going to tune into 1620 on his am radio as he is leaving tonight to see what he can find out about the radio station. -20- 02/19/08 Lastly, Mr. McDuffie stated he feels we should offer our thanks and gratitude and commendations to the faculty and staff of Atlantic High School and the City of Delray Beach Police Department regarding the situation on Friday. He stated under pressure they performed magnificently in this unfortunate situation. 13.C.2. Mrs. Montague Mrs. Montague stated she attended the Veteran's Park Charrette on Saturday (February 16, 2008) and they noted they could not have done it without Alice Finst. Mrs. Montague stated there was wonderful input from citizens discussing options and possibilities for Veteran's Park. Secondly, she stated St. Paul AME had its Annual Organizational Tea on Sunday (February 17, 2008) and paid tribute to a number of leaders, one of them being Reverend Sharon Austin. Mrs. Montague stated she was very proud to be there and asked that before Reverend Austin departs the City that we have her for at least two more times to give the opening prayer. She stated Reverend Austin will be missed and is so admired in the community. Lastly, Mrs. Montague stated there will be a Ribbon Cutting Ceremony on February 23, 2008 at 3:00 p.m. for Donnie's Place. She stated there was a wonderful article written on Donnie Dobson and the struggle of getting there. 13.C.3. Mr. Fetzer Mr. Fetzer stated it was a wonderful week in Delray Beach and noted there were a lot of great activities. Secondly, Mr. Fetzer stated he had a discussion with the City Manager regarding the property (QAlert #613) that was damaged as a result of Hurricane Wilma and noted that there was a pending contract on the property to purchase it. The City Manager stated the owners have been cooperative and noted the City has only cleaned it once. The City Manager stated meeting minimum Code requirements is not what people would like to see in their neighborhoods and he understands the concern of the person who wrote the letter. Mr. Fetzer stated it is an eyesore. 13.C.4. Mr. Eliououlos Mr. Eliopoulos stated the Sandoway House Gala was a nice event and a creative idea. He stated the competitors did very well and noted it was a good night. Secondly, he stated Thursday, February 21, 2008, Lake Ida is going to be having a Design Guidelines Meeting and also meeting on the police and the activity in Lake Ida. Mr. Eliopoulos stated when we have those it actually does help the Police Department and cuts down on crime. He stated hopefully he can report back with some -21 - 02/19/08 key things that the Police Department has been telling the public on what they have to do to protect their homes. Mr. Eliopoulos commented about the QAlert System (a/k/a Citizen Service Requests) regarding a house (#613) that was damaged during Hurricane Wilma. Lastly, he commented about the Franklin House and suggested that the City encourage the Community Redevelopment Agency (CRA) to possibly turn over this project for either the Historic Trust Group or a citizen prof ect. 13.C.5. Mayor Ellis Mayor Ellis stated she received a letter from Carrie Hill who is the Palm Beach County School Board District 4 representative, and she was very helpful during the Plumosa relocation and addition as was Dr. Art Johnson. Mayor Ellis stated Ms. Hill would like to open the lines of communication and she will be contacting the City of Delray Beach. Secondly, Mayor Ellis stated she and Commissioner Montague will be going to Tallahassee for the League of Cities Legislative Action Days. Mayor Ellis stated she and Doug Smith, Assistant City Manager, went to Washington last year and at that time the City had lobbyists who made appointments throughout the day and you could actually meet congressional legislative contacts who handle their appropriations requests. Mayor Ellis stated the City is working on arrangements so that when our legislators are in town and in their district, they remember Delray Beach and we can arrange meetings with various Commissioners on issues that are current. Mayor Ellis stated the City needs to be represented in "Fly-In" and it is a full program with speakers, etc. and noted either she and Commissioner Fetzer will attend or she and Assistant City Manager Doug Smith will attend. Mr. Fetzer stated the Commission will be in a meeting on the first day of the "Fly-In" all day and he was waiting to see an Agenda to see if it would be possible to go to the "Fly-In" a little bit late and still be there for the majority of it. Mayor Ellis commented about Wednesday, April 30, 2008 being the last day of the Goal Setting Sessions. Mr. McDuffie expressed interest in attending the "Fly-In" if there is no conflict with the Goal Setting Sessions. Mr. Fetzer stated since he has attended one of these before and he would like Commissioner McDuffie to take his place. The City Manager stated he will contact Lyle Sumek tomorrow and see if the Goal Setting Sessions can be shifted by one day. Mayor Ellis stated the Sandoway Gala Auction Friday evening was so much fun and the top trophy winner was Commissioner Eliopoulos, Diane Colonna and her partner came in second place, Jay Alperin and his partner came in third place, and a woman by the name of Jill came in fourth place. -22- 02/19/08 Mayor Ellis stated she did the State of the City Address for the Chamber of Commerce. Lastly, Mayor Ellis briefly commented on the Open House at the Fire Station and commented that the attendance was great and noted at the same time the Garlic Festival was going on. Mayor Ellis stated Chief James was meeting and greeting everyone and Senator Atwater (President and CEO for Riverside Bank) had very nice things to say about the City of Delray Beach and has agreed to sponsor all of the City's Open Houses by cooking hot dogs and providing water. There being no further business, Mayor Ellis declared the meeting adjourned at 7:49 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on February 19, 2008, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 23 - 02/19/08 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FERST NAME-MIDDLE !NAME Elio oulos, Gar P. NAME OF 80ARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Delray Beach City Commission ~G George BUSK Boulevard w1-IICHISERVEISAUNrrO~ISSION,AUTHORITYORCOMMITTEEON CITY C TY ~] CITY Gi COUNTY ^ OTHER LOCAL AGENCY Delray Beach, Florida 33~~~ Palm Beac NAME OFPOLmcALSUBDMSION: DATE ON WHI H V T C O E OCCURRED February 19, 2008 MYPOSITroNls; ~ eLECrIVE ^ APPOINnvE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, counpl, commission, authority, ar committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 192.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding ele[~ive or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (dnGuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; ar to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative' inGudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-taw. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchan~}e). ELECTED OFFICERS: [n addition to abstaining from voting in the situations described above, you must disclose the conflick PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 95 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8[3 - EFF. 112000 ~ ` ~ PAGE t ~~ APPOINTED OFFICERS {continued) • A copy of the forth must be provided immediately to the other members of the agency. • The form must be read publidy at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE TWE DECISEON EXCEPT l3Y DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before partidpating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publidy at the next meeting after the fom~ is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Gary P. Eliopoulos herebydisdosethaton February 19, •20 08 (a} A measure qme or wiA come before my agency which (check one} inured to my special private gain or loss; XX inured th the special gain or loss of my business associate, Eliopoulos Architects , Inc. __,_ inured to the special gain or loss of my relative, T,,, inured to the spedal gain ar loss of , by whom I am retained; or ,,,_ inured to the specal gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~~ February 19, 2008 Date Filed which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY l3E PUNISF•IED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 11200D PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LA5T NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR GOMMiTTEE MAILING ADDRESS 05 George Bush Boulevard THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICHISERVEISAUNITOF: CITY COUNTY GITY ^ COUNTY ^ OTHER LOCAL AGENCY elray Beach, Florida 33444 Palm Beach NAME OFPOLmcALSUeomsioN: DATE ON wHiCH VOTE Of.CURRED e bruary 19 , 2 0 0 8 MY POSITWN IS: ~ ELECTIVE C] ,4PPOiNnvE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, coundl, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 192.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipak, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a princpal (other than a govemment agency) by whom he ar she is retained (induding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Gommissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected en a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, San-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corpora#e shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCGURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate trie form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may parGdpate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE W1LL BE TAKEN: • You must complete and file this form (before making any attempt to influence the deasion) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM SB - EFF. 112000 ` h PAGE ~ APPOINTED OFFICERS (continued} • A copy of the form must be provided immediately to the other members of the agency. • The form must be read pubiidy at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disdose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote oocurs with the person responsible for reoortiling the minutes of the meeting, who must incorporate the form in the minutes. A copy of the farm must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the farm is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary P . E 1 iopaulas „ _ .._.___, hereby disdose that on February 19 , 2p 0 8 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; ~ inured to the special gain or loss of my business associate, Eliopoulos Architects , Inc. _, r,_, inured to the special gain or loss of my relative, _ inured to the special gain or loss of , by whom I am retained; or _ inured to the special gain or loss of _ , , „, , , ,,, ..._ .which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Februa Date Filed 19, 2008 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM Or;FICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO i=XCEED $1©,000. CE FORM 8B - EFF. 112000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME~IRST NAME~uIIDDLE NAME Elio colas, Gary P. NAME OF BOARD, COUNCIL, COIyiMISSION AI,ITHORITY, O-2 COMMITTEE Delray Beach City ~omma.ssion MAILING ADDRESS 205 Geor e Bush Boulevard THE BOARD, COUNCIL, COMMISSION, AUiHORnY OR COMMITTEE ON }}w~HICH13ERVEISAUNrroF: Cry fl CITY O COUNTY D OTHER LOCAL AGENCY Delray Beach, Florida 33~~~Palm Beach NAME OFPOLmcALSUSOIVISION: DATE ON WHICH VOTE OCCURRED February 19, 2008 MY POSITION 13: ~ ELECTIVE C] APPOINr1VE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 912.3143, Florida Statutes. Your responsibilities under the law when taped with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, muniapal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed kx:al officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including ~e parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the specal private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 963.358 or 163.357, F.S., and officers of independent specal tax districts elected on a one-acre, ore-vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, txother, sister, father-ire-law, mother-iMaw, son-in-law, and daughter-in-law. A 'business associate' means any person or entity engaged in or canying on a business enterprise with the officer as a partner, joint venturer, downer of property, or corpora#e shareholder (where the shares of the corporation are no# Hsted on any national or regional stock exchange). ELECTED OFFICERS; In addition to abstaining from voting in the situations described above, you must disclose the oonflid: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting ire the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO iNFI_UENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL l3E TAKEN: • You must cvrrsplete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM SB - EFF. 4l200q ~O , ~ PAGE ~ ~. APPOINTED OFFICERS {continuedy • A copy of fhe form must be provided immediately to the other members of the agency. • The form must be read pubtidy at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 75 days after the vote occurs with the pen3on responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Gary P. Eliopoulos February 19 hereby dlsdose that on (a) A measure came or will come before my agency which (check one) _,.,,.., inured to my spedal private gain or loss; XX inured ~ ~ spedai gain or bss of my business assodate, __~ Elippoulos Archi~ect:.s, inc. inured to the special gain or bss of my relative, 2Q ~ $ ,~ inured to the special gain ar loss of , by whom I am retained; or _,_, inured b the specal gain or kris of is the parent organization or subsidiary of a prindpal whk:h has retained me. (b) The measure before my agency and the mature of my conflicting interest in the measure is as follows: which Februar 19 2008 Date Flied re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCf=ED S10,OOU. CE FORM t3$ - Et=F. 1@000 PAGE 2 WHEREAS, the residents of the Delaire community began an annual golf tournament in 1990 at their Country Club, for the exclusive benefit of the Delray Beach Fire-Rescue Department, the Delray Beach Police Department, and the Delray Citizens for Delray Police; and WHEREAS, since 1990, this annual fund raiser has resulted in the Delaire community donating approximately X270,000.00 each to the Fire-Rescue Department and Police Department; and approximately X75,000.00 to Delray Citizens for Delray Police to support their operational needs; and WHEREAS, the donations to the Delray Beach Fire-Rescue Department have resulted in the purchase of thermal imaging cameras, a rescue boat, emergency escape packs, a stryker stretcher and a glide scope ranger which has had a 100% success rate in the three months the unit has been in-service; and WHEREAS, during the same time, donations to the Delray Beach Police Department have been used to purchase community policing bicycles, electric and all terrain vehicles, forensic computers, polygraph equipment, audio and video surveillance equipment, laser light sources, chemical fuming chambers, the complete conversion to digital photography, and dive equipment to support the Dive Team. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby acknowledge and thank the residents of DELAIRE COUNTRY CLUB for their support and efforts on behalf of the Delray Beach Fire-Rescue Department, the Delray Beach Police Department, and the Delray Citizens for Delray Police. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3`d day of March, 2008. RITA ELLIS MAYO R WHEREAS, since 1881 the mission of the American Red Cross has been to help people prepare for emergencies; provide relief to victims of disaster; and help people prevent, prepare for, and respond to emergencies worldwide; and WHEREAS, in the past year ,the American Red Cross, responded to 1951oca1 emergencies, assisted 187 military families and trained 15,778 people in lifesaving skills such as CPR and first aid; and WHEREAS, the American Red Cross Greater Palm Beach Area Chapter, a humanitarian organization, has worked to make a positive difference in communities by providing lifesaving services and programs for more than eighty years; and building on this tradition, the organization is focusing on building partnerships, increasing safety and disaster preparedness education, and enhancing its response capabilities; and WHEREAS, the Greater Palm Beach Area Chapter and its nearly 3,000 volunteers and donors provide valuable tools and education to individuals, families, workplaces, and schools; making us all stronger and more resilient; and WHEREAS, The American Red Cross continues to respond to a changing America, full of unique challenges and vital work. NOW THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, do hereby proclaim March 2008 as: AMERICAN RED CROSS MONTH in the City of Delray Beach and urge the citizens of Delray Beach and the people of the Greater Palm Beach Area to show support for our local Red Cross Chapter and to become active participants in advancing the noble mission of the Red Cross. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida to be affixed this 3~d day of March, 2008. RITA ELLIS MAYOR WHEREAS, although Equal Housing Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues; and WHEREAS, each year since the enactment of the National Fair Housing Act, the federal government designates April, the anniversary month of that law, as Fair Housing Month; and WHEREAS, on this the 40`h Anniversary, the City of Delray Beach is pleased to join in that designation, since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibilities that are theirs under the law; and WHEREAS, since fair housing is consistent with the principle of equality and justice for all -principles upon which our nation was founded - we all need to share in the fight to ensure fair housing is a reality for all residents; and WHEREAS, the Fair Housing Center of the Greater Palm Beaches provides fair housing education and outreach services for the City of Delray Beach. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim April, 2008 as FAIR HOUSING MONTH in the City of Delray Beach, Florida, and urge all citizens to join the efforts to reaffirm fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3`d day of March, 2008. RITA ELLIS MAYO R MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: February 25, 2008 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 LIFESAVING AWARD PRESENTATION ITEM BEFORE COMMISSION The Chief of Police would like to present aLife-Saving Award to Sergeant David L. Weatherspoon. BACKGROUND Sgt. Weatherspoon responded to a call regarding a structural fire on January 7, 2008. Along with a Good Samaritan, Sgt. Weatherspoon entered the house and rescued the woman inside. Details are provided in the attached award. LIFESAVING AWARD SERGEANT DAVID L. WEATHERSPOON On January 7, 2008, you responded to a radio call of a structure fire at 637 S.W. Stn Avenue. You were mere blocks away and saw a man waving in the street in front of the burning home. You were told by this man that there was a woman inside the home. You went to the front door and saw heavy smoke pouring out of the opening. Going down to a crawling position, you and this Good Samaritan entered the home, located the resident, and dragged her out of the burning house. You took her to a safe spot in the yard and you checked her condition -she was not breathing and was unconscious. You immediately rolled her onto her back and opened her airway to begin CPR. At this point she began coughing and started to breathe and eventually regained consciousness. The gentleman who had stopped you about the burning home knew this family and insisted that the daughter might also be in the home due to the presence of her car in the driveway. You both attempted to enter the home to check but the smoke and the heat were too great to tolerate. You had to retreat to the front yard. At this point the Fire Department personnel arrived and took over the care of the woman and the fire attack. It was the unanimous opinion of all personnel present that the two of you saved this woman's life by rescuing her from the burning house and following basic resuscitation steps. Your fast action, bravery and deliberate approach to a dangerous fire is highly commendable and worthy of this award. Your commitment and professionalism illustrate our core values and legitimize the P.R.LD.E. of the Delray Beach Police Department. This 3rd day of March 2008 Chief Joseph L. Schroeder MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 SIDEWALK DEFERRAL FOR 500 OLEANDER LANE ITEM BEFORE COMMISSION This item is a request for a sidewalk deferral in front of 500 Oleander Lane. BACKGROUND Oleander Lane is in the Seagate neighborhood and past deferral requests in this neighborhood have been granted by City Commission. 500 Oleander Lane is a single family lot and there are currently no plans to install sidewalks on Oleander Lane. RECOMMENDATION Staff recommends approval of sidewalk deferral. ~/ sa/~~~r s~:~v FRx ~t?1'La31ZZ1 ~EI.RAY SCF4 C01~}~ ~~1PRP&Z ~jOQ9/~l7 Prepared $y: ~TTJRN TO: R. Brian Shutt, Ess~. City Attorney'5 Office 2U0 N.W. lsf Avenue Deh'a~yl~cach, Florida 33444 A~i~~l~l~' ~~~ ~`il)~ WA~~C_~lti'~IPR O~ElYAE~"I"S 'T'HIS AfrREEI1~NT eaztered into this day c~ 200,, , between the City of Delray Beach (hereir~aftex the City) and ~ ~y~.-~ ~°l`~~ ~ (hereinafter tl~e Owners), fir the purpasa of waiving the requirement of the installation ref a sidewa}Ic al©ng~C ~~~ until attala tirtxe as the City requests ~e cox~stcuctic~n €~f the sidewalk lsy the Owner. WHEREAS, Land Development Regulaticn Section 6.1,3(0 regwires The installation ofa sidewalk, within the ~~ ~~. right-of-way ixntnediately abutting the ~ubjact praperty, by the €)wner prior to the issuance of a certificate of occupan,ay; and, WHEREAS, ~e t~wc~ers have requested a waiver from the requirerr~ertt of the installation of a sid~alk pursuant to Land Development ltegulatiar~ Section 6.1.3(l~)(I)(b}; and, ~Y~EI~EAS, irs ordu~r co pravidc conformity along the street the City Cammisstoxt vvteci. tm waive the requiretnent.for the installation of a sidewalk. until such time as the Cityzequests the C7~mer construct the sidewalk. Page 1 of 3 71/16/2992 72:53 FRX 5612437227 D~I.RAY BC}4 COMM IMP-P&Z ~VTTNES~ET~T I~{414/417 Nt~W, 7CHF.RE1<~?Ri~, ion witness of the above and in consideration of the City a~eeing to waive the requirement for the installatann of a sidewatk, at thin time, for the property Tacated at: 1. The Qwner agrees tv construct a sidewalk, at its sole cost and expense, aE©ng ttte ~ ~~..~~+~~ ~s, right-of way abutting the subject property, within a tune period that is acceptable to the City, after being requested to dv so by the City. The sideway, when constructed, shall meet all oFthe current ordinances of the City of Iaelray Beaelt. 2. Tt is the intent of the parties that than Agreement shall run vtrith. the land. This Agreement shall be recorded in the public records og Palm Beach County, lilorSda anct shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS VV~TLR~t'.l~, the parties to this agreement set thsig heads and seals this day flF , 2110_. ATTEST: CITY ()F DEI;RAY $EACk~., ~LOIZTDA - .,...._.. By~ City Clem Mayor Approved as to faun and sufficiency. City Attaxney Page Z of ~? 11116f.2407 72:53 FAf( 5612437221 BELRAY BCH CDMM IMP-P&Z ~ U71/017 (Please type car print name} ~~_.. 4 {Please type orpxint n,aime} STATiE D~ `~ `~ ~~~ ~.1 COUN'f'Y Op' ~=~ .. .~ ~~ ~ ~~. P1~~'ORE h7.h personally speared e~~~r ~,~ ~ ~ ~', "~,~gwho [fs] [are] per.~a~zalla~vn to me ar [hash (Dave] produced hand respectively) as identification, and who executed tl1.e lare,~oing instrument, and acknavvledgcd befoxe me that [he] {sloe} [they] executed said instrument for the pure©scs expressed therein. i~'~`NESS zxa.y hand a~ad official seal this ~,~, day of ~ 20 My commission expires: ITT Pt~b [Si atuzej ~99pS6BBlfo ~,~ va ~~ ~ ~~~f~e~ N G agt/aidcwalEc deFcrra€ agreerr~en t Wage 3 of 3 {Seal} N N n~ W L~ W W ~/ J i _~ 0 O O C~ U (~ N m N O O N 07 N N MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 SIDEWALK DEFERRAL FOR 3200 .TASMINE DRIVE ITEM BEFORE COMMISSION This item is a request for a sidewalk deferral in front of 3200 Jasmine Drive. BACKGROUND Jasmine Drive is in the Tropic Isles neighborhood and past deferral requests have been granted by the City Commission. A deferral for 3111 Jasmine Drive was granted in 2001. 3200 Jasmine Drive is a single family lot and there are currently no plans to install sidewalks on Jasmine Drive. RECOMMENDATION Staff recommends approval of sidewalk deferral. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 I`i.W. lst Avenue Delray Beach, Florida 33444 AG11tEE~!IEl~T'I' F®~2 SI.11]E~ALK Ill~IPlt®VENIENTS THIS ACaRE~MENT entered into this day of 200 between the City of Delray Beach. (hereinafter the City) and ~~~a d:=~ ~ ~ °,~;~ ~ (hereinafter tlae C3wners), for the purpose of waiving the requirement of the installation of a sidewalk along~r°~ °~-,~~~j~ ,until such tune as the City requests the construction of the sidewalk by the ~3wner. tiV~REAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the ~~~,~as~° ~~~~r ~ right-of--way immediately abutting the subject property, by the owner prior to the issuance of a certificate of occupancy; and, ~IHER~AS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulatian Section 6.I.3{D)(1)(b); and, V+TH~REAS, in order to provide can~Foranity along the street the City Cammission voted to waive the ret~uirement f©r t1~e installation of a sidewalk until such time as the City requests the Qwner construct the sidewalk. S: }~~ag4dnzin.tSidewalk ~1~,~errals!sidewallc deferral ugml.doc ~ ~ITNESSETH N®~l, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this dine, far the property located at: ~~ l . The ()weer agrees to construct a sidewalk, at its sole- cost and expense, along the "~ 'A ~~ ~ ~ `~ - right~of-way ab~:tting the subject property, within a t~rrie period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of ]Delra.y Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN FITNESS WI-~REOF, the parties to this agreerr~ent set their hands and seals this day of , 200_. AT`T'EST: City Clerk CITY OF I3ELRAY BEACH, FLORIDA By: Approved as to fore and sufficiency: City Attorney Mayor S: tErtg~ldnziri~.Side~vc~11cT3eferrcals'+.sidewallt deferral cr~mt.dpe ~ wTNESS~s: ry ~ '~„f ,~ ease type,~r pr' t name) (Please type or print naive} sT~TE OF ~i ~= ~ C®UNT4' ®F~~t~r ~ ~ ~; .~ ~~ER ~.._..~..,. BEFORE ME personally appeared i °~r°,~~,~'~~(`°.~~t;~~"~ _ who zs [are] personally known to me or [has] [have] praduced _ hand respectively] as .identification, and who executed the foregoing instrument, and acknowledged before n1e that. `e ' [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this ~~~ rv day f i~'~ r~ ~ ~~~ 20~~~ R ll!ly commissie?ri~ e~,p~es. - ~ '~ ~,~''' Notary Public r '`t~s' c~an~~~9~` ~,~~; .~ttb; ss c ~~ 'F: w ~ ~ ~ ~ ~n 1\ TJ c L ~ 5 ?_-~ ~ l:7 fu c - J=' ~ ~ QU d ma fk ~ agi~sidewalk defe~rai agreement (seal} S: iEri~4dtnint5idewalk l3eferralstsideivalkdeferral agent how till out:doe L .~ N O O N M N N n~ W L~ W W ~/ C~ U (~ N m N O O N 07 N N MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 29, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/REGIONS BANK -REVISED ITEM BEFORE COMMISSION Request Commission approval/authorization for the Mayor to execute a Hold Harmless Agreement with Regions Bank for work performed within the state right-of-way. Regions Bank is located at 555 SE 9th Street. BACKGROUND Regions Bank is planning to install water service from existing utilities within the state right-of-way. As a result a permit from the Florida Department of Transportation (FDOT) is required. Since the City will be maintaining that part of the service within the FDOT right-of-way, FDOT requires the City to sign the permit application. The Hold Harmless Agreement provides the City with a one (1) year warranty for all work completed within the FDOT right-of-way by Regions Bank. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. HOLD HARMLESS AGREEMENT FOR WORD PERFORMF;D WITHIN 'I'HE STATE RIGHT-OF-WAY TIIIS HOLl3 HARMLESS AGREEMENT, is entered into this day of 2008 by and between the CITY OF DELRAY BEACH, li LORIDA, (hereinafter referred to as "CITY"} and REfYIONS I3ANI~ (hereinafker referred to as "DEVELOPER"}. WITNESSETH: WIFIEREAS, IlEVELO]PER wishes to install/construct utilities in the right-ofWway of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installationlcnnstruction to tale place iii the State right-af-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold. harmless and defend the CITY and the State for the work performed in the State right-af-way by the DEVELOPER, its contractor or agent. NOW, TI-IEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: l . The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten llollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, aft`icers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by REVEL®PER, its contractors or agents in relation to the work performed in the State right-of way and as more particularly shown on the engineering plans submitted for the development known as 3. REVEL®PER warrants alxd guarantees to the CITE' that all work on the utility improvement shall be constructed.in accordance with the applicable codes of tl~e City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unre~nedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility izxaprovement, which are remedied as a result of obligations of the warrantylguarantee sha11 subject the remedied portion of the work to an extended warrantyfguarantee period of one year after tl~e defect has been remedied. DEVELUPEI2 shall deliver this agreement to its Surety. The Surety shall be bound with and fox the llEVELUPER in the llEVELOPER'S faithful observance of the guarantee. 4. I}EVELUI'ER, shall supervise anal direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. I3EVELUPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. This Agreement constitutes the entire agreement and understanding of the pal°ties, as it pertains to the construction, or installation of the utility. There are no representations ox understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. '7. DEVELOPER or its contractor shall rr~aintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars (~1,DDO,DDO.DO) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this inforfnation to the CITY on a Certificate of l~nsurance, that is acceptable to the CITY, prior to commencing installation or construction. S. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit "A" . 9. 'T"his agreement shall not be valid unless signed by the City's Mayor and City Clerk. IN WI"1"NESS WHEREOF, the parties hereto have entered into this agreement tl~e day and year first written above. ATTEST: Fay ~ ~ _ ____..~ city clerk Approved as to Dorm: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor 3 WiTNESSFS ~?EVEILOPER: KEGIOl~iS 13A1~~ By: __.. (Prin r Type N e} (Print or Type Na~x~e} ~ ~ ~~ ~~...y_ Address: ~~ •~o,~c~ ~~w~ . (Print or Type Name} Sv i ~ 4~~ ~r~~~~ ~.~., ~-~- 3S~y~ Phone: ~~~a ~° a~~`? STATE OF l~I~-A ~I€~~t~~C~ covNTy of P~=~4~I -~~~~~~~~ I'he foregoing instrument was acla~owledged before me this ~ day of _~'~~. , 2008 by ~ ~xasltU..~ .C~_r~.c.~. as Seniar Vice President of Regions Bank, an Alabama banking corporation, on behalf of the corporation. PIe/She is personally known to ~r~e or has produced (type of identification} as identification and did (did not) take an oath. Signature of Notary .Public ~~ „~ 1Cim t~unr~ ~natd ~~. 24~51Q23 v Natnry Puhlit but the Sto6c of A1a~nto ~rgRV u`' CeeemissienExpitss:Plo-^e~nher2i,, E ~'h i b i t ~~ A ~~ STATE 01= FLOREOA Of=PART?V[ENT OF TRANSPORTATION Fflrt9vi 790-010-85 11T'I~~TY PIEF2MIT o~c ~oaEroa ____ ~ERMiT NO.: SECTlDN ND.: STATE ROAD I.I.S. 1 GDUNTY Palm E3each ' FDDT construction is proposed or underway. ^ Yes ®No Financial Project lD: is this work related to en approved Utili#y Work Schedule? ^ Yes ®No If yes, Document Number: PERMITTEE: City of Delray Beach ADDRi~SS: 434 South Swinton Avenue TELEPHONE NUMBER: (561) 243 - 7336 CtTY15TATE1~lP; Delray Beach, Florida 33444 The shove PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FDDT, to construct, nperafe and maintain the fallowing; Twn (2) - 8" x 1"wet tap connections to the existing 8" water main within Right-of-Way of SE 6`° Avenue. FROM: TO: Submitted for the PERMITTEE by: Michael Soo -Team Manager,lnterpian LLC 02144F06 Name and Title igna#ure Date T ed or Printed Le ibl 1. The Permittee declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial arrd underground, are accurately shown on the pl ns and a totter of notification was mailed on 10131!07 to the following utilities known to be involved or potentially impacted the ~r a of .,,the proposed instaifation: Fda,~Ravaer~°°~m~ac~#aY•~•:••~~and ~ 2. 'The local Maintenance or Resident Engineer, hereafter referred to as the FDDT Engineer, steal! be notified a minimum of forty eight (48) hours in advance prior to starting wank and again immediately upon completion of work. The FDOT's Engineer is located at Telephone Number .The Permittee's employee responsible for MOT is Telephone Number . (This name may be provided at the time of the forty eight (48} hour advance-notice prior to starting work). 3. Ail work, materials, and equipment shall be subject to inspection and approval by the FDDT Engineer. 4. Afl plans and installations shall conform to the requirements of the FDOT's UAM in effect as of the date this permit is approved by FDDT, and shall be made a part of this permit. This provision shalt not limit the authority of the FDDT under Paragraph 8 of this Permit. 5. This Permittee shall commence actual construction in good faith within days after issuance of permit, and shall be completed within days after the permitted work has begun. If the beginning date is more than six#y (60) days from the date of permit approval, the Permittee must review the permit with the FDDT Engineer to makr: sure ne changes have occurred to the Transportation Facility that would affect the permitted construction. 6. Tha construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee. 7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shad not operate to create or vast any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements. $. Pursuant to Section 337.403(1), Florida Statues, any utility placed upon, under, over, ar along any public road or publicly owned rail corridor that is found by FDDT to he unroasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public read or publicly owned rail corridor shalt, upon thirty (3D) days written notice to the utility or its agent by FDDT, be removed or relocated by such utility at its awn expense except as provided in paragraphs (a) and (b), and except for reimbursement rights set forth in previously executed subordina#ion and Railroad Utility Agreements, and shall apply to sit successors and assigns far the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the Permittee will ' s contractorto arrange the sequence of work so as not to delay the work of coordinate wi#h the FDDT before proceeding and shall cooperate with the FDOT the F170T's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved scheduSe, and shall comply with ail provisions of the law and the FDOT's current UAM. The Permittee steals not be responsible for delay beyond its control. 10. in the case of non-compliance with the FDOT's requirements in effeck as of the date this permit is approved, this permit is void and the facility will have to be brought into compliance or removed from the RIW at no cast to the FDDT, excep# for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FDDT under Paragraph 8 of this Permit. 11. !t is understood and agreed that the rights and privileges herein set out ase granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend, i and save harmless the State of Florida and the FDOT from and against any and al€ loss, damage, cos# or expense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. 72. During construction, all safety regulations of the FDOT shall be observed and the Permittee must take measures, including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTGD, as amended for i highways, the requirements of the Standard Application Package for railways, including flagging services and Railroad Protective Insurance or acceptable alternative, when applicable, and the FDOT's Deslgn Standards, Indexes 600-670, and Standard Specifications far Road and Bridge Cons#ruction, Section 102, as amended by the UAM. When a Utility deems it necessary to conduct Traffic Cantrot activities and methods significantly different from those addressed in the above references, the Utility must submit an alternative plan signed and sealed by a licensed Florida professional engineer qualified to develop TCP in accordance with the provisions of Chapter 8 of the UAM. 13. Should the Permitkee be desirous of keeping its utilities in place and out of service, the Permittee, by execufiian of this permit acknowledges its present and continuing ownership of its utilities !coated between anti within the FDOT's RIW as set forth above. Whenever the Permittee removes its facilities, it shat( tae at the Permittee's sole cost and expense. The Permittee, at its sole expense, shalt promptly remove said out of service utilities whenever the FDOT determines said removal fs in the public interest. 14. In the event contaminated soil is encountered by the U#ility or anyone within the permitted construe#ian limits, the Utility shall immediately cease work and notify the FDDT. The FDDT shall coordinate with the appropriate agencies and notify the Permittee of any suspension or revocation of the permit until contamination assessment and remediation, as appropriate under Rule Chapters 62-770 and 62-730 Florida Administrative Code, has progressed to a state that all enviranmentai regulatory agencies having jurisdiction have approved the site of the contamination for resumption of work. 15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FDDT, within its RIW, fihe Permitteo may be required by the FDOT or ifs agents to perform the following activities with respect to a Permittee's €acifities; phys'scally expose ar direct exposure of underground facilities, provide env necessary support to facilities andlor cover aerial facilities as deemed necessary. Page 7 of 2 STATE OF FLORIrJA €3~PAR'rMENT OF TRANSf'ORTATEON FARM 71q-q10-85 UTlL1TY PEF2FVIIT occ"~oaroa 16. Pursuant to Section 337.401(2}, Florida 5fatutes, the permit shall require the permit holderto be responsiblefor damage resulting from the issuance of the permit. The FDOT may initiate injunctive praceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered €nto pursuant thereto. 17, Pursuant to Section 337.402, Florida Statutes, when any public road or publicly awned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or publicly owned rail carridar to its origins) condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provis€ons of s.337.404. 18. The Permittee shat[ comply with ail provisions of Chapter 556. Florida Statutes, Underground Facilities Damage Preventian and Safety Act. 19. Special FDOT instructions: ~ It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit E conditions and special instructions. F 2d. Receipt of this permit acknowledges responsibility to aamply with Section 119.07(3}, Florida Statutes, and UAM Chapter 4.5.2, regarding Exempt Documents and Security System Plans Requests. 21. By the be]ow signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Ruie 14-46.061, for this Utility Permit has 6oen made which has not been previously tailed to the attention of the FDOT (and signified to by checking the appropriato box beiaw) by a separate attached written document showing ail changes and the written and dated appreval of the FDOT Engineer. Are there a#tachments reflecting changels to the standard form? ^NO ^ YES if Yes, pages are attached. PERMITTEE Richard Hasko -Director of Environmental Services SIGNATURE DATE: Name & Title of Authorized Permittee or Agent T ed or Printed Le ib1 APPROVED BY: ISSUE DATE: District Maintenance Engineer ar Designee l6TILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: ~ (Permittee or Agenty CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee t the undersigned Permittee do hereby CERTIFY that the utility construction appraved by the above numbered permit was inspected and installed in accordance with the approved plans made a part of this pemtit and in accordance with the FDOT's current UAM. All plan changes have been approved by the FDOT's Engineer and are attached to this permit. I also certify that the work area has been left in as good or bettor condition than when the work was begun. PERMITTI=i=: SIGNATURE: DATE: Name & Title of Authorized Permittee nr Agent T ed or Printed Le ibl GC: District Permit Office Permittee Page 2 of 2 O .~ N t < W _ Q° ~= M r' r° Arno Ln ~° o_ a. ~ ~_ C~ U (~ N m N O O N ti N N 57A7~ OF FLpRIpA ^EPARTMENT 0;= TRANSPORTATION FORM 71Q-0 EO-85 UTILITY PE1~M1T o~c €~ sioa PERMIT NO.; SECTIQN NO.: STATE ROAD U,S. 1 COtJIVTY Palm Beach FDOT construction is proposed or underway. ^ Yes ®No Financial Project ID: is this work related to an appraved Utility Work Schedule? ^ Yes ®No if yes, Document Number: PERMITTEE: City of Delray Beach ADDRESS: 434 South Swin#on Avenue TELEPHONE NUMBER: (5fi1) 243 - 7336 CiTYISTATEIZIP: Delray Beach, Florida 33444 The above PERMiTTEE requests permission from the State of Flarida Department of Transportation, hereinafter called the FDOT, to construct, operate and maintain the following: Two {2) - 8" x 1"wet tap connections to the existing 8" water main within Right-of--Way of 5E 6'" Avenue. FROM: TO: Submitted for the PERMITTEE by: Michael Boa -Team Manager,lnterplan LLC 02/28/08 ~ Name and Title T ped or Printed Le ibl ignature Date 1. The Permittee declares that prior to filing this application, the Iota#ion of all existing utilities tha# it owns or has an interest in, bnti1 aerial and underground, are accurately shown on the plans and a letter of notification was mailed on 11121f20ti7 to the fallowing utilities known to be involved or potentially irrlpacted in the area of the proposed installation: Delray Beach Water,,,,,, ~ ,,,,,,,,,,,,,,Sewer ~ 2. The local Maintenance or Resident Engineer, hereafter re#erred to as the FDOT Engineer, shall be notified a minimum of forty e~i ht (48) hours in advance n r to startin work nd a ain i di t l l ti f k ~ Th FDOT' E y ~ "~~ " g g a y upon comp e on o r . e s ngineer is ~ m,~e tA.t located at d t.e ~1~t~ ~ ` ~ "' `- ~ e ~°' ~~ ' ~~ ~ t £ °` a fie ,Telephone Number ~ ~ -°• ~f ~a ~-_,_„_,, The F'ermi#tee s employee responsible for MOT is Telephone Number . (This name may be provided at the time of the forty eight {48) hour advance-notice prier to starting work}, 3. All work, materials, and equipment shall be subject to inspection and approval by the FDOT Engineer. 4. All plans and installations shall conform to fhe requirements of the FDOT's UAM in effect as at the date this permit is approved by FDOT, and shat[ be made a part of this permit. This provision shall not limit the author#ty of the i=DOT under Paragraph 8 of this Permit. 5. This Permittee si~ali commence actual construction in goad faith within days after issuance of permit, and shall be completed within i days after the permitted work has begun. if the beginning date is mare than sixty (60} days tram the date of permit approval; the Permittee must review the permit with the FDOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall no# interfere with the property and rights of a prior Permittee, 7. It is expressly stipulated that this permit is a license far permissive use only and that the placing of utilities upon public property pursuant to this permit shall not opera#e to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements. 8. Pursuant to Section 337.403(1), Florida Statues, any utility placed upon, under, aver, or along any public road or publicly owned rail corridorthat is found by FDOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor shall, upon thirty (30) days written notice #o the utility or its agent by FOOT, be removed or relocated by such utility at its own expense excep# as provided in paragraphs (a) and (b), and except far reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to ail successors and assigns for the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the Permittee will coordinate with the FDOT before proceeding and shall cooperate with the FDOT's contractor to arrange the sequence of work so as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved schedule, and shall comply with all provisions of the law and the FDOT's current UAM. The Permittee shag not be responsible for delay beyond its control. 10. In the case ofnon-compliance with the FDOT's requirements in effect as of the date this permit is approved, this permit is void and the facility will Dave to be brought into compliance or removed from the RIRN at na cost to the FDOT, except far reimbursement rights sat forth in previously executed subordination and Railroad Utility Agreements. This provision shall eat limit the authority at the FDOT under Paragraph 8 of this Permit. 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be € entered upon and used by the Permittee, and the Permittee wip, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising in any manner an accaunk of the i exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. ~ 12. During construction, all safety regulations of the FDOT shall be observed and the Permittee must take measures, including placing and the display of safety devices that may be necessary in artier to safely conduct the public through the projec# area in accordance with the Federal MUTCD, as amended for highways, the requirements of the Standard Application Package for railways, including flagging services and Railroad Protective Insurance or acceptable alternative, when applicable, and the FDOT's Design Standards, Indexes 600-670, and Standard Specifications for Road and Bridge Construction, Section 102, as amended by the UAM. When a Utility deems it necessary to conduct Traffic Gontrol activities and methods significantly different from those addressed in the above references, the Utility must submit an alternative plan signed and sealed by a licensed Florida professional engineer qualified to develop TCP in accordance with the provisions of Chapter 8 of fhe UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this permit acknowledges its present and continuing ownership of i#s utilities located between and within the FDOT's RIW as set forth above. Whenever the Permittee removes its facilities, i# shall be a# the Permittee's sole cost and expense. The Permittee, at its sole expense, shall promptly remove said out of service utilities whenever the FDOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Utility or anyone wi€hin the permitted construction limits, the Utility shall immediately cease work and notify the FDOT. The FDOT shall coerdina#e with the appropriate agencies and notify the Permittee of any suspension or revocation of the permit until contamination assessment and remediation, as appropriate under Rule Chapters 82-770 and 62-730 Flarida Administrative Cade, has progressed to a state that ail environmental regulatory agencies having jurisdiction have appraved the site of the contamination for resumption of work. 15. Far any excavation, construction, maintenance, or support activities performed by or on behalf of the FDOT, within its fiN+l, the Permittee maybe required by the FDOT or its. agents to perform the following activifies with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities, provide an necessa sup ort to facilities andlor cover aerial facilities as deemed necessa Page 1 of 2 STATE OF FLOiR1E6TA i~EPARTMp~ENTpO~F TRi^A~NSPC)RTATI4N FOREJ~ 7'Ifl-610-85 6~7 1 ~6..I~ r ~R~1 [ OC7C I~ 8 04 1 ~, faursuantto Section 337.40.1(2}, Florida Statutes, the permit shall require the permit heider to be responsible far damage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant #hereto. 17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404, 18. i 19. She Permittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention and Safety Act. Special FDOT instructions: It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit condi#ions and special instructions. 20. Receipt of this permit acknowledges responsibility to comply with Section 119.07{3), Florida Statutes, and UAM Chapter 4.5.2, regarding Exempt Documents and Security System Plans Requests. 21. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permitform, as incorporated by reference into Rule 14-46.001, for this Utility 1='ermit has been made which has not been previously cafled to the attention of the FDOT {and signified to by checking the E appropriate box below} by a separate attached written document showing all changes and the written and dated approval of the FDOT Engineer. Are there attachments reflecting changels to the standard form? ^NO ^ YES If Yes, pages are attached. PERRAITTEE ,Richard Hasko -Director of Environmental Services SIGNATURE DATE: Name ~ Title of Authorized Permittee or Agent T ed or Printed Le ibl APPROVED BY: ISSUE DATE: District IVlaintenance Engineer or Designee UTILITY PI=KNIT FINAL INSPECTION CERTIFICATIpA! DATE: DATE WORK STARTED: DATE WORK COMPLETED: ` INSPECTED BY: {Perini#tee or Agent) Cl-IANGE APPROVED BY: DATE: Distric# Maintenance Engineer or Designee I the undersigned Permittee do hereby CERTIFY that the utility constn,lction approved by the above numbered permit was inspected and installed in accordance with the approved plans made a part of this permit and in accordance with the FDOT's current tJAM. Ail plan changes have been approved by the FDOT's Engineer and are attached fa this permit. 1 also certify that the work area has been left in as good or better condition than when the work was begun. PERMITTEE: SIGNATURE: DATE: Name ~ Title of Authorized Permittee or Agent (Typed or Printed Legibly} CC: District Permit Otfice Permittee Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 SERVICE AUTHORIZATION N0.07-O1/WANTMAN GROUP, INC. ITEM BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute the service authorization #07- 01 with Wantman Group, Inc. for conceptual design of improvements along Marine Way between City Marina and Atlantic Bridge. The cost of this Service Authorization is $42,890.00 BACKGROUND In 1987 the City entered into a contract with Wallace Roberts & Todd, a nationally recognized planning firm, and Shalloway, Inc. to develop a Delray Beach Downtown Waterfront Master Plan. The resulting plan called for three phases of development; Veterans Park redevelopment, Marine Way Boardwalk/Atlantic Avenue pedestrian underpass, and City Marina Improvements. Since the plan was completed, the Veterans Park redeveloperment and Marina Improvements have been constructed, along with the Atlantic Avenue pedestrian underpass. The one remaining piece is the Marine Way riverwalk. We are now in a position to move forward with this last phase of the Waterfront Master Plan. The project scope consists of the creation of a pedestrian connection between Veterans Park and the Municipal Marina extending south beneath the Atlantic Avenue Intracoastal Waterway Bridge along Marine Way to the north end of the marina on SE 1st Street. The service authorization is comprised of two phases. The first phase will review existing surveys, perform geotechnical investigations, and discuss various options with permitting agencies, at a cost of $16,790.00. The second phase will include 3 conceptual design options, including cost estimates, at a cost of $26,100.00. Final design fees will be in a future proposal, and are not included. FUNDING SOURCE The funding source is account #334-6111-575-65.22. RECOMMENDATION APPROVAL CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION N0. 07-01 FOR CONSULTING SERVICES CITY P.O. N0. CITY EXPENSE CODE TITLE: Boardwalk - City Marina to Atlantic Bridge. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract executed July 5, 2007. Title: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION The scope for this Service Authorization will be to provide the following engineering services for the proposed Marine Way improvements. The services will be performed in two separate phases. The first phase of the Service Authorization will be the initial site investigation phase that will include research of the existing site conditions and documents related to this project including surveys and research permitting opportunities and constraints based on existing site conditions. Subsurface geotechnical investigations will also be included in Phase I. The second phase of the Service Authorization will be to incorporate the information gathered from the first phase and develop at least three design options with cost estimates and present the options to the City for review. These services anticipate two reviews by the City. ®w~~ c~.P, ~~. .. II. SCOPE OF SERVICES Phase I- Initial Site Investigation and Data gathering including Geotechnical services Consultant will perform the following tasks: 1. ) Review the existing surveys as provided by the city and the existing physical conditions of the site. 2.) Review the results of the Title Search as provided by the City. 3.) Research public records and the title search report for Riparian Rights and Submerged land leases. 4.) Review any existing geotechnical reports performed in this vicinity. 5.) Review the site with a structural engineer for input on possible design solutions for the seawall and docks. 6.) Perform an environmental assessment and inventory of the mangroves and vegetation along the eastern side of the roadway. 7.) Meet with the Army Corp of Engineers (ALOE), Florida Department of Environmental Protection (FDEP) and Florida Inland Navigational district (FIND) to determine permitting options and constraints. 8.) Review existing utility as-built information along Marine Way. 9.) Review traffic and parking patterns. 10.) Review the ~~turn around" area located on the north end of Marine Way. 11.) Meet with the City staff at the conclusion of Phase I to discuss the information gathered in Phase I. We will also anticipate the City's legal counsel will be reviewing the information for legal issues and legal sufficiency. 12.) Perform up to three (3) Standard Penetration Tests (SPT) to an average depth of twenty (25) feet to determine subsoil borings stratification. 13.) Evaluate field data collected and submit results. ®w~~ c~.P, ~~. .. Phase II - Conceptual Drawings, Cost Estimates and Report Consultant will perform the following tasks: 1.) From the information gathered in Phase I prepare up to three design options depicting a sidewalk in various locations along Marine Way from the south end of Marine Way to the northern terminus. 2.) Field verify location of improvements and check if any improvements or existing structures have changed or new structures added since the last survey was done in 2003. 3.) Provide permitting issues and the estimated time to obtain permits for each of the three options. 4.) Provide engineer's estimates of costs for each of the three options. 5.) Present the options to the City in both a graphical and report type format. 6.) Meet with the City representatives to review comments. 7.) Revise the report and graphics based on the City's input and comments. 8.) Submit a Final Report to the City. This scope does not include presentation of the project and its findings before the City Commission. III. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not-to-exceed cost for each phase. Engineering Services Estimated Fees Phase I-Initial site Investigations $16,790.00 (Including Geotechnical) Phase II-Conceptual Drawings/Cost estimates $26,100.00 Total Compensation $42,890.00 IV. COMPLETION DATE Engineering Services Time per Phase Cumulative Time Phases I 8 weeks 8 weeks Phase II 8-12 weeks 16-20 weeks ®w~~ c~.P, ~~. .. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Wantman Group,Inc. Date Date Mayor Attest: Approved as to Legal Sufficiency and Form by: (Seal) Witness Witness BEFORE ME, the foregoing this day of 2008, was acknowledged by on behalf of the and executed the same free and for the purpose there-in e: instrument, Corporation said person voluntarily pressed. Witness my hand and seal in the County and State a foresaid this day of 2008. Notary Public State of Florida My Commission Expires: ®w~~ c~.P, ~~. .. MARINE WAY -PHASE I Robin Petzold Greg Griffith David Brobst Brian LaMotte Derek Zeman Environmental Princi al Sr.Pro'ect En Surve ors Services Review Surve s 0 Review Title Work 1 8 Review Ri arian Ri hts 12 Review Geotech Information 2 Review Site-Structural En ineer 1 6 10 Environmental Assessment 9 Meeting with Regulatory Agencies(ACOE, FDEP, FIND) 12 Review Li ht Utilities 2 Review Traffic Patterns 2 Meet with Ci Staff and Re ort 2 12 TOTAL HOURS: 4 $900.00 36 $6,120.00 20 $2,600.00 19 Geotechnical -Subsurface Testing $4,700.00 TOTAL PHASE I = $16,790.00 $2,470.00 ® Wantman Group, Inc. ., MARINE WAY -PHASE II David Brobst Brian LaMotte Chad Girard Principal Sr.Proiect Eng. Eng. Intern Survey Crew Pre are (3) Desi n O tions 18 50 8 Permit Issues and Timelines for each O tion 6 Pre are (3) Cost Estimates 8 6 Pre are Re ort (Draft) 2 12 Meet with City Staff to discuss O tions 2 3 Revise Report /Graphics based on City's Comments 6 12 Prepare Final Report and Present to City 2 12 4 Prepare Color Renderings of Options (see below) Brid e Desi n Inc. (in ut) 6 TOTAL HOURS: 6 $1,350.00 Color rendering for 3 options: $5,000.00 For each option a rendering of both the site plan overlayed on an aerial and a rendering of the section will be provided.(LDS) TOTAL PHASE II = $26,100.00 71 $12,070.00 72 $6,480.00 8 $1,200.00 ®Wantman Group, Inc. ., O M N.E. N.E. v w Z 2N D ~ o z z O O m m ~ ~ O O cn z 0 Z S A T L A N T I C Q LiJ Q ~~. z 0 a w a w ~. Q a w w > > Q Q 1ST ST. W W ~ ~ 2ND ST. ~o = ~ ~ i M V ~ Q W L.i Q I ~~ ~R~ ~~ ~.,~~ A V E J MIRAMAR STREE z a ~~nn Q v/ U Q Q g Q U INGRAHAM gVENU z N A S `. B A' ~ ~ CITY of DELRAY BEACH Boardwalk -City Marina DATE:2/27/08 ~~d ENVIRONMENTAL SERVICES DEPARTMENT To Atlantic Bridge 41}7 6©p 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 Proj. # 2003-010 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Esq., Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: February 19, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 INTERLOCAL AGREEMENT/PALM BEACH COUNTY/INCREASED LAW ENFORCEMENT SERVICES FOR MANATEE PROTECTION ITEM BEFORE COMMISSION Interlocal Agreement between Palm Beach County and the City of Delray Beach for increased law enforcement services for manatee protection. BACKGROUND This is a contract between Palm Beach County and the City of Delray Beach to provide enhanced manatee protection during the manatee season. Most of the municipalities on the Intercoastal Waterway have agreed to enter into a contract with Palm Beach County. FUNDING SOURCE Palm Beach County will reimburse the City of Delray Beach for salary, benefit and other expenses. RECOMMENDATION Approval. INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS AGREEMENT is made this 26th day of February, 2008, between the City of Delray Beach of Palm Beach County, Florida, hereinafter referred to as "Contractor", and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), hereinafter referred to collectively as the "parties." WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, in October of 1989, the Florida Governor and Cabinet directed thirteen (13) "key" manatee counties, including Palm Beach County, to prepare a Manatee Protection Plan ("MPP"); and WHEREAS, on August 21, 2007, the Board of County Commissioners approved a MPP that provides for increased law enforcement presence in the County's waterways, as one means to provide greater manatee protection; and WHEREAS, studies performed by the Florida Fish and Wildlife Conservation Commission has demonstrated that the increased law enforcement presence is the most effective means to gain compliance with boater speed zones; and WHEREAS, the County wishes to increase the hours of patrol and enforcement in estuarine waters of Palm Beach County which will improve compliance with boater and manatee protection speed zones, and reduce the risks to manatees and members of the public; and 1 WHEREAS, the parties wish to enter into an agreement for the provision of an increased level of marine law enforcement services during manatee season, as provided herein. NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the Contractor and the County agree as follows: 1) Recitals The recitals set forth above are true and correct and form a part of this Agreement. 2) Purpose. The purpose of this Interlocal Agreement (the "Agreement') is to provide for additional marine law enforcement services within estuarine waters of the County during manatee season, which begins November 15th and ends the following March 31st. The law enforcement services provided herein are intended to be in addition to the level of law enforcement services already provided by the Contractor and are not a replacement for said services. 3) Location of Law Enforcement Services The "Contractor" shall provide marine law enforcement services, hereinafter referred to as "services", within the geographical area over which it has jurisdiction to enforce the law, such shall be hereafter referred to as the "Enforcement Area" and is included within the estuarine waters of Palm Beach County which are more specifically described in Exhibit "A". 4) Responsibility of Contractor A. The Contractor shall enforce State statutes, administrative rules, local and County ordinances related to vessel control, marine resource protection, and manatee protection; assist in the investigation, apprehension, and prosecution of violators of existing boat and manatee protection speed zones; assist in the monitoring of waterway markings and regulatory signs in the Enforcement Area; and, assist in educating boaters about manatee and boater safety issues. B. During the term of this Agreement, the Contractor shall provide _one law enforcement officer(s) to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law enforcement officer(s) shall provide services on Saturday and Sunday for 8 hours per day between the hours of 6 A_M. and 6 P.M. During the term of this Agreement, the Contractor shall provide law enforcement services on any day or times aside from a Saturday or Sunday, at the request of the County. Requests for the provision of law enforcement services on a day or days in addition to the regularly scheduled days or times shall be made at least five business days prior to the date when such services are needed. C. The Contractor shall furnish and supply all labor, supervision, equipment (including but not limited to a vessel), insurance, and supplies necessary to perform under this Agreement. D. The Contractor shall provide the following information to the County on a monthly basis: Standard Marine Enforcement Monthly Report Form (form to be provided by the County); documentation of warnings and citations issued to violators by the Contractor; and monthly payroll 2 documentation for hours worked by any officer who performs services under the terms of this Agreement. E. In the event that during the term of this Agreement an officer issues a citation, which is challenged in the Palm Beach County Circuit Court, the Contractor shall immediately inform the County. The County will then determine whether the Contractor will be reimbursed under the terms of this Agreement for the time expended to attend such court proceeding. F. The Contractor shall submit invoices for payment to the County on a monthly basis. Invoices shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be in sufficient detail for pre-audit and post-audit review. 5) Responsibility of the County The County will reimburse the Contractor for law enforcement services as provided for herein at the rate of $80 per hour for on-water enforcement activity, which includes the cost of salaries, fringe benefits, and all other services and expenses incurred by the Contractor in the fulfillment of this Agreement. The rate for Services rendered in this Agreement will be adjusted for inflation and set annually by the County by October 1st of each year. The County will reimburse the Contractor on a monthly basis at the rate provided herein, provided that a proper invoice detailing such services is received and approved by the County. In no event shall the total amount paid to the Contractor by the County exceed a total amount set annually by the County by October 1st of each year. 6) Effective Date and Term of the Agreement This Agreement shall take effect February 26, 2008 and shall terminate on April 30, 2008, unless such time has been extended by the County. 7) Authorized Representative A. The County's authorized representative is Richard E. Walesky, Director, Department of Environmental Resources Management, (561) 233-2400, West Palm Beach, Florida, or his designee. B. The Contractor's authorized representative is Officer Andrew Arena, Marine Safety Officer, (561) 243-7873, Delray Beach, Florida, or his/her successor. 8) Independent Contractor A. The parties shall be considered independent contractors, and no party shall be considered an employee or agent of any other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment 3 compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. B. All employees and agents of the Contractor who perform any act or service under the terms of this Agreement shall at all times be considered employees of the Contractor and not of the County. The Contractor will be responsible for supervising, disciplining, and setting policies pertaining to terms and conditions of employment for those employees performing Services as provided herein. 9) Payment For reimbursement to occur, the Contractor shall submit invoices to the County that shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be itemized in sufficient detail for prepayment audit thereof. The Contractor shall provide additional documentation to support any invoice if requested by the County. Invoices received from the Contractor shall be reviewed by the Department of Environmental Resources Management and upon approval shall be sent to the County's Finance Department for final approval and payment. Invoices will normally be paid within forty-five (45) days of receipt. In the case of a dispute involving the amounts due to the Contractor, payment maybe delayed. 10) Compliance with Codes and Laws Each party agrees to abide by all applicable laws, orders, rules, and regulations in the performance of this Agreement. ll) Access to Records and Audits The parties shall maintain, in accordance with generally accepted governmental auditing standards, all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement including supporting documentation. The parties shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only upon reasonable notice, time and place. In the event that the parties should become involved in a legal dispute with a third party arising from performance under this Agreement, the parties shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the parties. 12) Funding This Agreement is expressly contingent upon annual appropriations by the Palm Beach County Board of County Commissioners. 13) Notice Any notice required or permitted to be given under this Agreement shall be in writing and shall be hand delivered, faxed, or mailed (by certified mail, return receipt requested) to the respective addresses/recipients specified below: 4 As to the Contractor: Officer Andrew Arena Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444 Fax: (561) 243- 7816 As to County: Palm Beach County Department of Environmental Resources Management 2300 N. Jog Road - 4th Floor West Palm Beach, FL 33411-2743 Fax: (561) 233-2414 Copy to: Palm Beach County Attn: County Attorney for ERM 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 All notices required by this Agreement shall be considered delivered upon receipt. Should any party change its address, written notice of such new address shall promptly be sent to the other party. 14) Default, Termination, Opportunity to Cure A. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice as an opportunity to cure the deficiency before exercising any of its rights. B. Either party may terminate this Agreement without cause by giving sixty (60) days prior written notice. 15) Waiver or Breach It is hereby agreed to by the parties that no waiver or breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 16) Indemnification Each party shall be liable for its own actions and negligence, and to the extend permitted by law, the County shall indemnify, defend, and hold harmless the Contractor against any actions, claims, or damages arising out of the County's negligence in connection with this Agreement, and the Contractor shall indemnify, defend, and hold harmless the County against any actions, claims, or damages arising out of the Contractor's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the 5 limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to be responsible for such other party's negligent, willful or intentional acts or omissions. 17)Insurance A. Each party warrants and represents that it is self-insured for General Liability, Watercraft Liability, and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event a Party maintains third- party Commercial General Liability, Watercraft Liability, and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, that party shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. The parties agree to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. B. The parties further agree that nothing contained herein shall be construed or interpreted as: (1) denying to any party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes; or (4) a waiver of sovereign immunity of the City of Delray Beach beyond the waiver provided in section 768.28, Florida Statutes. C. When requested, each party shall provide any other party with an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which all parties agree to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve any party of its liability and obligations under this Agreement. 18) Applicable Law Any litigation arising from or relating to this Agreement will be governed by the laws of the State of Florida and the venue in any such proceeding will be exclusively in Palm Beach County, Florida. 19) Severability In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held to be invalid by a court of competent jurisdiction, such will not affect the remaining portions of this Agreement and the same will remain in full force and effect. 20) Enforcement Costs Any costs or expenses, including reasonable attorney's fees, associated with the enforcement of the terms or conditions of this Agreement will be borne by the respective parties. This provision pertains only to the parties to the Agreement. 21) Counterparts 6 This Agreement maybe executed in two (2) or more counterparts, each of which will be deemed an original, all of which together will constitute one (1) and the same instrument. 22) Captions The captions and section designations set forth herein are for convenience only and have no substantive meaning. 23) Exhibits The Exhibits referred to and attached to this Agreement are incorporated herein in full by this reference. 24) Assignment This Agreement is not assignable by either party. 25) Equal Opportunity The County and the Contractor agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, age, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of the Agreement. 26) Construction This Agreement shall not, solely as a matter of judicial construction, be constructed more severely against one of the parties than the other. 27) Modification and Amendment Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formalities used to execute this Agreement. 28) Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. 29) Delegation of Authority to Execute this Agreement. The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator or his designee on January 2, 2007 in Resolution 2007-2277. The remainder of this page is intentionally left blank. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Signed in the presence of witnesses: ATTEST: By: Deputy Clerk APPROVED TO FORM AND LEGAL SUFFICIENCY: PALM BEACH COUNTY, FLORIDA By Its Board of County Commissioners By: County Administrator APPROVED AS TO TERMS AND CONDITIONS: County Attorney Richard E. Walesky, Director Department of Environmental Resource Management Date: Witness: CITY OF DELRAY BEACH By: Name Title Attest: By: City Clerk APPROVED TO FORM AND LEGAL SUFFICIENCY Assistant City Attorney 8 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2008-1 ITEM BEFORE COMMISSION The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2008-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. BACKGROUND By Florida State Statutes, the City is allowed to process two Comprehensive Plan amendments each year. This amendment represents the first amendment for the year 2008 and will include the EAR-based amendments to the Plan. The amendment includes City-initiated text amendments to implement the recommendations in the adopted 2006 Evaluation and Appraisal Report, a City-initiated text amendment to the Land Use Designation/Zoning Matrix Table in the Future Land Use Element, and one (1) City-initiated Future Land Use Map Amendment. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: CITY-INITIATED TEXT AMENDMENTS: • The following proposed text changes are to implement the recommendations contained in the adopted 2006 Evaluation and Appraisal Report: Future Land Use Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update existing land use and population data, including supporting maps and tables. 4. Update Map #3 and Table L-5, Potential Residential Units as required to reflect development of some parcels. 5. Update vacant land analysis. 6. Update Map #ll, Annexation Areas, to reflect completed annexations. 7. Update Redevelopment Analysis section to reflect completion of all Redevelopment Plans. 8. Update descriptions for all land use categories to include intensities and densities. 9. Update Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. 10. Add new policies to achieve an appropriate mix of uses, direct resources to infrastructure improvements downtown, and explore additional downtown open space opportunities. 11. Add policies to affirm the City's continued commitment to workforce housing. 12. Add policies to develop design guidelines for the North Federal Highway area and evaluate the need for guidelines in the Congress Avenue Corridor and Four Corners Area. Transportation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update Table T-1, Street Network Classification and Improvements. 4. Update Map #13, Existing Roadway Laneages to reflect roadway modifications. 5. Update Map #15, Existing Annual Average Daily Traffic Conditions and Map #16, Peak Season PM Peak Hour Peak Direction Traffic Conditions to reflect 2005 traffic conditions. 6. Update Table T-5, 1999 Intersection Accident Data, to reflect 2006 data. 7. Update Table T-6 and T-7 to update 2000 future traffic conditions to 2010. 8. Update Map #17, Intermodal Facilities. 9. Update Map #18, Major Trip Producers/Attractors. 10. Update Table T-8, Future Over-Capacity Facilities. 11. Update Map #20, 2015 Operating Conditions, to 2025. 12. Update Map # 21, 2015 Cost Feasible Plan, to 2025. 13. Update Table T-9, 2015 Roadway Improvement Schedule, to 2025. 14. Update Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. 15. Add new policy to designate the railroad parking lot, north of East Atlantic Avenue as a potential railroad stop for future passenger service on the FEC Railroad. Housing Element 1. Update Introduction and support data, throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update the following existing conditions tables from 1995 data to 2005 data: a. Utilization Of Housing By Type -Table HO-1 b. Age Of Housing -Table HO-2 c. Distribution Of Monthly Rents -Table HO-3 d. Distribution Of Owned Housing By Value -Table HO-4 e. Owners Paying Excessive Housing Costs -Table HO-5 f. Renters Paying Excessive Housing Costs -Table HO-6 g. Owner Vs. Renter Occupied Housing (County/City) -Table HO-7 h. Housing By Type (County/City) -Table HO-8 i. Multi-Family Rental Units (County/City) -Table HO-9 j. Value Of Owner-Occupied Units (County/City) -Table HO-10 k. Inventory of Renter-Occupied Housing Programs Currently Using Subsidies -Table HO-12 1. Inventory of Group Homes -Table HO-13 m. Inventory of Mobile Home Parks -Table HO-14 4. Update Table HO-11, Number of Substandard Units from 1990 to 2000 Census data. 5. Update the following 2005 forecast tables to years 2010, 2015, 2020 and 2025: a. Projected Households By Income Range -Table HO-16 b. Forecast Need For Additional Housing (Type) -Table HO-17 c. Forecast Need For Additional Housing (Tenure) -Table HO-18 d. Forecast Need For Affordable Housing (Income) -Table HO-19 6. Update, Table T-20, Potential Residential Units, to match Table L-5 in Future Land Use Element. 7. Update Affordable Housing section to reflect new City initiatives. 8. Update Map #22, Neighborhood Categorization Map to reflect changed conditions and modify text to eliminate Redevelopment Category. 9. Update Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. 10. Add new policies to affirm the City's continued commitment to workforce housing. Public Facilities Element 1. Update Introduction and support data, throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Coastal Management Element 1. Update Introduction and support data, throughout the element as appropriate to reflect current conditions. 2. Update Table CM-1 and Map #23, Coastal Planning Area Land Uses 3. Update Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Conservation Element 1. Update Introduction and support data, throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Open Space and Recreation Element 1. Update Introduction and support data, throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Intergovernmental Coordination Element 1. Update Introduction and support data, throughout the element as appropriate to reflect current conditions. 2. Update General Fund and Expenditure Five Year Forecast Table 3. Update Pledgeable Revenue Matrix 4. Update Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives. Public Schools Facilities Element 1. Update Introduction and support data, throughout the element as appropriate to reflect current conditions. 2. Update element to reflect changes related to the second amendment to the Interlocal Agreement. 3. Update Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives. • Future Land Use Element -Amendment to the Land Use Designation/Zoning Matrix table to add SAD, OS and OSR zoning districts to be consistent with additional Future Land Use categories. CITY-INITIATED FUTURE LAND USE MAP AMENDMENT: • City initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of the Fair Oaks Center property. The current County Land Use Map designation is INST/18 (Institutional, with an underlying High Residential - 18 units per acre) and the Proposed City designation is CF (Community Facilities). The tentative schedule for processing Plan Amendment 2008-1 is as follows: February 25, 2008 -Initiation by Planning and Zoning Board March 3, 2008 -Initiation by City Commission March 17, 2008 -Planning and Zoning Board Public Hearing March 18, 2008 -City Commission Transmittal Public Hearing May 24, 2008 -Receipt of ORC Report June 16, 2008 - P&Z Adoption Hearing (ORC Response) June 17, 2008 -City Commission adoption REVIEW BY OTHERS The Planning and Zoning Board considered the initiation request at its meeting of February 25, 2008. There was no discussion by the public and the Board unanimously recommended approval by a 6-0 vote (Pike absent). RECOMMENDATION By motion, approve the initiation of Comprehensive Plan Amendment 2008-1, containing the material stated in this staff report. L I N T O N ~ J~S~ O ~,h ~ w vQ~®Q i i i J Q Z a U UHAYRB RATED ~I Y C B C M U Y i~~~ c\~~~E ~ VERDES Q Ln ~ w 0 w J B O U L E V A R D CANAL L-36 II South Tru s t Bank PALM DEL AY MEDICAL COURT ~ CENTER CONDOS PLAZA Q DELRA Y ~ MEDICAL - CENTER ~ GC CF WAL-MART ~~R~ ~qKE GOJ CIRCLE UDAYRBMRATY YY BEYH CCUIUTY o 0 ~~~~~ SUBJECT AREA FAIR OAKS CENTER ~ PROPOSED ANNEXATION arY uMlrs FUTURE LAND USE MAP AMENDMENT FROM COUNTY CITY OF DELRAY BEACH, FL ~ I I ~ I I ~ I I ~ PLANNING & ZONING DEPARTMENT INST/18 TO CITY CF (COMMUNITY FACILITIES) - D/G/TAL BASE MAP SYSTEM - - MAP REF: LMA-226/ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: February 27, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 INTERLOCAL AGREEMENT /PALM BEACH COUNTY/OPEN CUTS ITEM BEFORE COMMISSION This item before the Commission is approval of the attached interlocal agreement between the City and Palm Beach County regarding open cuts under County thoroughfares. BACKGROUND Palm BeachCounty recently enacted a policy that requires a performance bond from any entity that makes an open cut under a County thoroughfare. The County enacted this policy to curb the time and money spent by the County to repair open cuts that had not been properly completed. The policy also included municipalities and their contractors. This interlocal agreement sets forth that the City, or its contractors, will not be required to provide a performance bond, if the amount to construct the open cut is less than $200,000.00. The agreement provides that the City shall be responsible for repairing the open cut fora 6 month period after the final restoration of the open cut. RECOMMENDATION Staff recommends approval of the interlocal agreement. INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH REGARDING OPEN CUTS UNDER COUNTY THOROUGHFARES THIS AGREEMENT, made and entered into this 3rd day of March, 2008, by and between the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter "COUNTY"), and the CITY OF DELRAY BEACH, FLORIDA, A MUNICIPAL CORPORATION EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, (hereinafter "CITY"). WHEREAS, the COUNTY has adopted certain policies and procedures regarding open cuts across its thoroughfare and non-thoroughfare roads; and WHEREAS, the CITY has agreed to follow the policies and procedures set forth by the COUNTY regarding open cuts on COL7NTY roads, however the CITY shall not be required to obtain a surety bond for the open cut, but, instead will be bound by the terms and conditions of this Interlocal Agreement; and WHEREAS, the CITY agrees to be responsible for repairing the open cut, in accordance with COUNTY policies and procedures, and all costs associated with such repair. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: Section 1. The above recitations are true and correct and are incorporated herein. Section 2. COUNTY Policy: The COUNTY has adopted policies and procedures, PPM EL-O-3605 and PPM EL-O-3606, regarding open cuts on COUNTY thoroughfare and non- thoroughfare roads. The polices set forth the requirements of permitting the open cut, construction of the open cut, maintenance of the open cut as well as the requirement to obtain a surety bond to insure the proper repair of the open cut. Section 3. Work performed by the CITY: The CITY (any reference to CITY shall include work performed not only by the City but by its contractors or sub-contractors) shall be required to follow all of the requirements of the policies of the COUNTY regarding open cuts. However, except as provided in d) below, the CITY shall not be required to obtain a surety bond for such work and instead shall be bound by the following terms and conditions: a) The CITY shall be responsible for repairing the open cut fora 6 month period after the final restoration of the open cut. b) During the 6 month period the COUNTY may request certain repairs or further restoration be made to the open cut, in which case, the CITY shall make such repairs or restoration within 30 days of receiving written notice from the COUNTY. c) In the event the CITY fails to make such repairs within the time frame allowed, or such repairs are inadequate, the COUNTY may make such repairs as it deems necessary and invoice the CITY for the cost of such work. Upon receiving such invoice the CITY shall, within 45 days, make payment to the COUNTY. d) Work performed for the City by Contractors, having a value of more than $200,000, shall be bonded under a Public Construction Bond and name the County as an obligee. Section 4. Area Subject to Agreement: The terms of this Agreement shall apply to all open cuts performed, by the CITY, on COUNTY thoroughfare and non-thoroughfare roads located in the CITY' S utility service area. Section 5. Term: This Agreement shall have an initial term of five years and maybe renewed, upon mutual consent of both parties, for additional 5 year renewal terms. Section 6. Indemnification: In the event a claim or lawsuit is brought against the COUNTY, its officers, employees, servants or agents, the CITY, to the extent set forth in Florida Statute 768.28 ($100,000.00 per person/$200,000.00 per claim) agrees to save, defend, reimburse, indemnify and hold harmless the COUNTY, its officers, employees, servants and agents from any and all claims, demands, damages, liabilities, causes or actions, legal or administrative proceedings, judgments, interest, attorney's fees, costs and expenses of whatsoever kind or nature, whether arising in any manner directly or indirectly caused. 2 The CTTY'S aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the extent set forth in F. S. 768.28, but in no event shall they apply to liability caused by the negligence of the COUNTY, or its agents, servants employees or officers. Section 7. Notice of Complaints or Suits: Each party will promptly notify the other of any citizen complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Section 8. Breach and Opportunity to Cure: The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of its rights. Section 9. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this Agreement. Section 10. Notice: All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: As to the COUNTY: Palm Beach County Engineering Department Land Development Division Ken Rogers, P.E., Director 2300 North Jog Road West Palm Beach, Florida 33411-2745 As to the CITY: The City of Delray Beach City Hall: 100 N.W. First Avenue Delray Beach, Florida 33444 Section 11. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 3 Section 12. Remedies: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or inequity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 13. Joint Preparation: The preparation of this Agreement has been a j oint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 14. Execution: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 15. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Courtin and for Palm Beach County, Florida. Section 16. Termination: This Agreement may be terminated by either party, with or without cause, upon thirty (30) days written notice to the other party. Section 17. Effective Date: This Agreement shall take effect upon execution. Section 18. Compliance with Codes and Laws: Each party agrees to abide by all laws, orders, rules, policies and regulations. 4 IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on the day and year first written above. ATTEST: Sharon R. Bock, Clerk & Comptroller PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney By: Addie L. Greene, Chair APPROVED AS TO TERMS AND CONDITIONS By: CITY OF DELRAY BEACH By: Mayor 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 RENEWAL/VALET PARKING LICENSE AGREEMENTS ITEM BEFORE COMMISSION The item before the City Commission is that of approving the renewal of all valet parking license agreements and increasing the associated monthly fees. BACKGROUND There are currently seven (7) valet parking license agreements in effect throughout the City, utilizing a total of 30 parking spaces, generating $32,460 in annual revenue. These agreements are scheduled to expire on March 31, 2008. In 2004 the monthly fee per space was increased from $50 to $60 and from $60 to $75 in 2006. Staff feels it is appropriate to impose another 20% increase at this time. This would bring the monthly fee to $90 per space excluding the Caffe Luna Rosa valet queue. During deliberations regarding a request for the expansion of the Caffe Luna Rosa queue in 2006, the City Commission determined that consideration of lost meter revenue needed to be taken into account and voted to increase the monthly fee to $140 per space. Staff recommends a $25 increase for these spaces as the meter fees were recently increased by $0.25 per hour to $1.00 and a $25 increase would be close to 20% (18%) which is consistent with the increase recommended for the other valet queues. The proposed increases will generate an additional $6,240 in revenue, increasing the annual revenue to $38,700. Staff will confirm that all agreements are currently paid and in good standing prior to renewing the agreements. Any agreements in arrears or with pending violations at the time of renewal will not be renewed until payment in full, including all late fees, is received or any violation is resolved. REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of February 26, 2008, in a 6 - 3 vote, recommended an increase of $25, from $75 to $100 for the six queues and a $35 increase for the Caffe Luna Rosa queue from $140 to $175. RECOMMENDATION By motion, approve the renewal of all valet parking license agreements between April 1, 2008 through March 31, 2009 with an increase to $90 per space, per month, for valet queues located west of the Intracoastal Waterway and $165 per space, per month, for valet queues located east of the intracoastal waterway. PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this day of , 200_, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and , a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive use of (#) parking spaces located for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of p.m. to a.m. on ( days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE and/or_its employees will not park any cars in CITY owned on-street or off-street parking spaces LICENSEE further agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY dollars ($.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Signage. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 6. Valet Service; Valet Eduipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. This Agreement shall expire on March 31st each year. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon 2 renewal, including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 8. Revocable License. This Agreement is only anon-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the 3 CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violations/Termination. Penalties will be imposed upon the LICENSEE for: (1) Valet parking of cars in either on-street or off-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1st violation - warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. 4 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that maybe imposed. 16. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ATTEST: City Clerk Approved as to form: day of , 200_. THE CITY OF DELRAY BEACH, a Florida Municipal Corporation By: Rita Ellis, Mayor City Attorney 5 By: (CORPORATE SEAL) Name Printed: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public -State of Florida 6 EXHIBIT A INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: February 28, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 AMENDMENT N0.2 TO THE CONSTRUCTION SERVICES AGREEMENT /WEST ATLANTIC BEAUTIFICATION ITEM BEFORE COMMISSION The item before the City Commission is Amendment Number Two to the Construction Services Interlocal Agreement between the City and the CRA for the West Atlantic Beautification project. BACKGROUND The City and the CRA entered into an agreement to provide construction services funding for the West Atlantic Project in October of 2007. On December 5, 2007, the CRA and the City executed Amendment No. 1 to the original Agreement (the "First Amendment") to provide for the inclusion of the SW 12th Avenue/Auburn Avenue Beautification project in the list of projects contained in Exhibit "A" of the original Agreement. The CRA and the City have been advised by the Florida Department of Transportation ("FDOT") that the cost of the West Atlantic Avenue Beautification Project has been revised. The CRA and the City must amend the original Agreement and the First Amendment in order to reflect the revised costs and to amend the payment schedule by the CRA to the City. Amendment Number Two states that the CRA and the City amend Exhibit "A" to the original Agreement in order to increase the funding amount for the West Atlantic Avenue Beautification Project from $1,500,000.00 to $1,850,000.00. The amendment also provides that such payment shall be made to the City by the CRA upon the bid award to the contractor or upon receipt of a written request from the City in order to insure the timely completion of the project. In the event the CRA provides funds to the City and the City does not undertake the project, the City shall return the funds to the CRA. RECOMMENDATION Staff recommends approval of Amendment Number Two to the Construction Services Interlocal Agreement between the City and the CRA for the West Atlantic Beautification project. AMENDMENT NUMBER TWO TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AMENDMENT NUMBER TWO TO THE INTERLOCAL AGREEMENT FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES ("AMENDMENT") is made this day of 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA") WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Funding of Construction/Professional Services on October 4, 2007 (the "Original Agreement"); and WHEREAS, on December 5, 2007, the CRA and the CITY executed Amendment Number One to the Original Agreement (the "First Amendment") to provide for the inclusion of the SW 12t" Avenue/Auburn Avenue Beautification project in the list of projects contained in Exhibit "A" of the Original Agreement; and WHEREAS, the CRA and the CITY have been advised by the Florida Department of Transportation ("FDOT") that the cost of the West Atlantic Avenue Beautification Project has been revised, and the CRA and the CITY must amend the Original Agreement and the First Amendment in order to reflect the revised costs; and WHEREAS, the CRA and the CITY also find it necessary to provide for the transfer of funds from the CRA to the CITY prior to the award of the bid to the successful contractor as the FDOT requires the project to be fully funded prior to authorizing the project; and WHEREAS, the CITY and the CRA desire to amend Exhibit "A" to the Original Agreement and First Amendment to provide for the revised cost for the West Atlantic Avenue Beautification Project. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree to amend the Agreement as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA and the CITY agree to amend Exhibit "A" to the Original Agreement in order to increase the funding amount for the West Atlantic Avenue Beautification Project from $1,500,000.00 to $1,850,000.00. Exhibit "A" to the Original Agreement and First Amendment shall be replaced with Exhibit "A" attached to this Amendment. 3. That Paragraph 2 of the Original Agreement, as amended shall be amended in its entirety to read as follows: The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor, or upon receipt of a written request from the CITY in order to insure the timely completion of the project. In the event the CRA provides funds to the CITY and the CITY does not undertake the project, the CITY shall return the funds to the CRA. In addition, if the project costs less than the amount indicated in Exhibit "A", the CITY shall return the unexpended funds to the CRA. A change order will not require an amendment to this Agreement. 3. All other terms and conditions of the Original Agreement dated October 4, 2007, as amended by the First Amendment, shall remain in full force and effect, except as amended herein. 2 4. The Amendment shall not be valid until signed by the Mayor and the City Clerk. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Diane Colonna, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH By: Frank Wheat, Chair The foregoing instrument was acknowledged before me this day of 2008, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida DNT:dnt H:\2006\060018 DBCRAWGMT 2008Wmend 2 to ILA Const Prof Svcs.doc 3 EXHIBIT A Fiscal Year 2007-2008 Projects Project Name Amount of C R,a Funding A West Atlantic Avenue Beautification - SW/NW 6~' Avenue to SW/NW 12~' Avenue $1, 850,000.00 B SE/NE lgt Street One-way Pair Conversion $ 200,000.00 C Gateway Feature (FHBC Grant Landscaping) $ 350,000.00 D Cultural Loop/MLK Blvd $ 75,000.00 E Sunshine Park $ 160,000.00 F SE/NE 5 & 6 Avenue Federal Hwy Pairs -George Bush Blvd to SE 10 Street Temporary Modifications $1,000,000.00 G SW 14 Avenue Beautification -Street & Alley Improvements $ 400,000.00 H Osceola Park $ 800,000.00 I Streets and Alley Improvements (SW 2nd Ave- Between Atlantic Ave & SW lgt St, US1 & Dixie Connector) $ 502,000.00 J SW 12 Avenue/Auburn Avenue Beautification -Street & Alley Improvements $1,000,000.00 Meeting Date: February 28, 2008 Agenda Item: Summary AMENDMENT N0.2 TO INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR FUNDING CONSTRUCTIONIPROFESSIONAL SERVICES Attached is the proposed Second Amendment to the Interlocal Agreement between the City and the CRA for Construction services for FY 2007-2008. At its meeting of September 20, 2007, the CRA Board approved the Interlocal Agreement between the City and the CRA for funding of projects for Fiscal Year 07108. Exhibit "A" of the agreement lists the projects and funding amounts for FY 07108. On November 8, 2007, the CRA Board approved an amendment to the lnterlocal Agreement to add the SVII 12th AvenuelAuburn Avenue Beautification project. The proposed amendment relates to the W. Atlantic Avenue Beautification project. Pursuant to the Agreement, the CRA will provide funding in the amount of $1,500,000.00. However, revised plans reviewed by the Florida Department of Transportation {FDOT) included changes to the electrical design, which FDOT estimates will increase the cost approximately $350,000. -The change in the electrical design includes adding additional circuits so that the street lights and electrical outlets can be on separate services. The outlets often times short out because of inadvertent overloading and if the outlets and street lights are not on separate circuits then the streets lights also go out whenever the outlet circuit breaks. In order to accommodate this request the CRA will have to process a budget amendment to shift funds from another project. In addition, FDOT has requested payment of City'sICRA contribution of funds towards the project by March 11tt' in order to issue a notice for bid. Construction is anticipated to begin in January, 2009. The payment is .required at this time to ensure that the municipality has committed the funding and the project. Paragraph 2 of the Interlocal Agreement with the City currently states that the CRA will make payment to the City upon the bid award to the contractor. In order to provide more flexibility in making payments to the Gity and to ensure the project proceeds on schedule, an amendment to Paragraph 2 is also proposed. Recommended Action: Approve Amendment No. 2 to the Interlocal Agreement with the City of Delray Beach for funding of Joint Projects for Fiscal Year 07108. Submitted By: Jeffrey A. Costello. Assistant Director Page 1 of 2 Inglese, Cathy From: Ruby, Susan Sent: Thursday, February 28, 2008 8:47 AM To: Inglese, Cathy Subject: FW: W Atlantic Ave - 12 Av to 6th Please include this backup on the agenda with amendmen# #2 as well. Susan .~. Ru6y City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 5.61-243 -7091 facsimile: 5 61-278-475 5 email: ruby@ci.deiray-beach.fl.us. From: Costello, Jeff Sent: Wednesday, February 27, 2008 4:59 PM Ta: Ruby, Susan Subject: W Atlantic Ave - Y2 Av to 6th Here's same additional back-up from Randal, if you need it. Jeffrey A. Costello, AICP Assistant Director Delray Beach Community Redevelopment Agency 20 North Swinton Avenue. Delray Beach, Florida 33444 Phone: 5611276-8640 Fax: 5611276-8558 From: I<rejcarek, Randal Sent: Tuesday, February 2b, 2008 4:40 PM To: Costello, Jeff Cc: Colonna, Diane Subject: W Atlantic Ave - 12 Av to 6th JefF, l received a call from FDOT regarding the cost of City requested beautification improvements included in the FDOT RRR project which starts at SWINW 12~ Ave and -ends at SR A1A. FDOT informed me that when the plans were reviewed in Tallahassee it was discovered that a change in the efectrica[ design, which is supported by the City, caused the cost estimate to increase by approximately $350,000. The change in the electrical design includes adding additional circuits so that the street fights and electrical outlets can be on separate services. The outlets often times short out because of inadvertent overloading and if the outlets and street lights are not on separate circuits then the streets lights also go out whenever the outlet circuit breaks. FDOT has suggested that the agreement bei+nreen the City and FDOT not have to be modified since there is a clause that obligates the FDOT to reimburse the City if actual costs are less than the agreement amount and requires the City to reimburse FDOT any costs aver the agreed upon amount. The agreement between the City and CRA may have to be amended since the actual costs may exceed the $1.5M in our agreement. At this point I am just asking that CRA commit to funding the additional $350,000 so that-this project will not be delayed. Thanks! z~2g~zoo8 Page 2 of 2 Randal L. Krejcarek, PE, LEED AP Gity Engineer City of Delray Beach, FL 434 So Swinton Aye Delray Beach, FL 33444 Phone: 561.243.7322 Fax: 561.243.7314 http:Ilwww.MyDelrayBeach.com traffic EJpdates: httpalwww.mydelraybeach.comlDelraylDepartmentslEnvironmentaE+ServiceslQuick+LinkslProject+Status,htm a/zsl2oos ~ Y INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AGREEMENT is made this ~` day of , 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor. A change order will not require an amendment to this Agreement. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. 4. The term of this Agreement shall commence upon execution by both parties and shall continue until either party delivers written notice to the other party of its intent to terminate this agreement or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A", provided however, once the City has executed a contract with a contractor or professional the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. 5. Once the CRA provides any funding for the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress of the projects, including the contract amount, the amount of funds paid to the contractor, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 2 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: l~l,,~.-~,1 R~v City Clerk ,ofo4f aoo~ CITY OF DEL AY BEACH, FLORIDA y. , Rita Ellis, Mayor Approv d as to Form: Cit ttorney 3 ATTEST: Diane onna, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH COMMUNITY REDEVELOPMENT AGENCY By: Frank Whe , Ch it The foregoing instrument was acknowledged before me this ~d~. day of Sgp rf.~,.3 ~--, 2007, by __~2.~--.~~ Ldirf9-~ , as C~-~-~~-.~,.-y,-1 (name of officer or agent, title of officer or agent), of ~-~ ~~ f~sc<,~ L ~ ~~ (name of corporation acknowledging), a L .~ao~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is _~ersonally known to me or has produced (type of identifica lowidentification. ~,~.r r~ JEpN MpOREF[ELD ~ MY COMMISSION # DDg43456 90l~ EXPIRES: June 22, 2009 (407) 3gg-0153 Florida Notn^/ SeMCe.com f..i' / / / Nota ublic -State Florida DNT:dnt H:120061060018 DBCRAWGMT 200711LA Funding Construction Professional Services 9 11 07.doc 4 EXHIBIT A Fiscal Year 2007 2008 Projects Project Name Amount of CRA Fundin A West Atlantic Avenue Beautification - SW/NW 6`h Avenue to SW/NW 12`h Avenue $1,500.000.00 B SE/NE 1 S` Street One-way Pair Conversion $ 200,000.00 C Gateway Feature (FHBC Grant Landscaping) $ 350,000.00 D Cultural Loo /MLK Blvd $ 75,000.00 E Sunshine Park $ 160,000.00 F SE/NE 5` & 6 Avenue Federal Hwy Pairs -George Bush Blvd to SE 10` Street Tem orary Modifications $1,000,000.00 G SW 14 Avenue Beautification -Street & Alley Improvements $ 400,000.00 H Osceola Park $ 800,000.00 I Streets and Alley Improvements (SW 2nd Ave- Between Atlantic Ave & SW ]5f St, US1 & Dixie Connector) $ 502,000.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 26, 2008 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 SPECIAL EVENT REQUEST/10TH ANNUAL CINCO DE MAYO FIESTA ITEM BEFORE COMMISSION City Commission is requested to endorse the 10~' Annual Cinco de Mayo Fiesta to be held on Saturday, May 3, 2008 from 11:00 a.m. - 10:00 p.m., at Old School Square, to grant a temporary use permit per LDR Section 2.4.6(F) for the use of the Old School Square surface lot and to authorize staff support for security, trash removal and signage preparation and installation. The event sponsor is also requesting use of the Old School Square parking garage, City Hall lots and a City generator. Site set up is to begin at 6:00 a.m. BACKGROUND Attached are an event permit, site plan, budget and letters received from Ms. Janie Rameriz, Chairperson of the Fiesta. Cinco de Mayo celebrates the date Mexican solders defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The event is sponsored by the Hispano-Latino Cultural Alliance. The event will be held on the Old School Square site and parking lot. The event committee will be responsible for event management, liability, insurance, vendor approval, site set up and fencing. Although not requested, a Fire Department inspection will be needed and the department recommends an on site service unit. The estimated overtime costs are $7,560, $250 for signage and approximately $200 for trash boxes for a total of $8,010. Per event policies and procedures, the estimated cost to be paid for City services is $4,715. Since alcoholic beverages will be sold and they will be charging admission, the site will be secured to contain alcohol consumption on site. We also would require that all alcoholic beverages be served in paper or plastic cups, no bottles. The City will charge for parking in the Old School Square garage. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the use of Old School Square parking lot, staff support for traffic control and security, clean up, EMS assistance and signage preparation and installation. Approval is contingent on the receipt of a Hold Harmless Agreement, Certification of Liability Insurance and Liquor Liability Insurance. ' - a~~no CU~~UIZaI l~~s ono L p Alliance, loc. P. D. BOX 6386 ~ DELRAY BEACH, FLORIDA 33482-6386 November 30, 2007 PHONE (56T) 276-3396 Robert Barcinski City of Delray Beach 100 N.W. 1st Avenue Delray Beach, F1.33444 Dear Board, On behalf of the Cinco De Mayo commitee I would like to submit the enclosed application to assist towards the loth Annual Cinco de Mayo Fiesta. Our mission is as follows:The Hispano-Latino Cultural Alliance ,Inc. is committed to raising the awareness of and sharing the Hispano/Iatino culture with people of all ages and cuitures,serving as an advocate for diversity anal education while providing the necessary resources to a stronger cultural presence in our eomtnunities,school, and government. Description of our event which will be held on Saturday May 3rd ,2008 at Old School Squaa+e Grounds .This location will assist in bringing new and old visitors to the area and will promote safe activities not only for adults ,but children too. We will have games as pinatas ,arks and crafts (making flowers , Somberos, etc.}, and the foods {tamales,arepas,riceand beans },and much more.We have had this event for the last 9 years and thanks to the City of Delray Beach and others we're proud and able to do this event. The Cinco de Mayo supports the City of Delray Beach in the manner that it promote and markets the Downtgwn area, supports our Merchants by bring in new visitors to the area. It benefits the residents by providing entertainment ,culture and uniix~ i have enclose, letter of I~e#erminati.on as a SOl (c}3. Thank you for your continued support and assistance in making this event such a success. Sincerely, ~~ - / Janie Ramirez President " The Hispano-Latino Cultural AIIiance, Inc. is committed to raising the awareness of and sharing the Hispanic/I.atino culture with people of all ages and cultures, serving as an advocate for diversity and eduaatian while providing the necessary resources to effectuate a stronger cultural presence in our communities, schools, and government. " l~ i s an o- Lai n o C U 1 ~u r~a1 p ~111iance, lnc. I? O. BOX b386 ~ DELKAY BEACH, FLORIDA 33482-b38b PHONE (561) 276-3396 November 30,2007 Mr. Robert A. Barcinsid Assistant City manager I00 N.W. 1" Avenue Delray Beach, Fl. 33444 Dear Mr. Barcinski: Once again our or~ization is proud to celebrate our 10th annual Cisco De Mayo. Jt will be held on Saturday, May 3rd 2008 fi'om 8:OOa.m. to l2 midnight on the site or grounds ofOld Sct-ool Square. We are requesting that the City allow us to use the new parlang garage east of O.S.S.and also the City Ha11 parking lot. I also like to request the parking arQa on the east side of O.S.S.south of the new parking 8~ge- Your consideration ofthe above request i$ much appreciated. Sincerely, Janie Ramirez, President H3spana-Latino Cultural Alliance, Inc. "The Hispano-latino Cultural Alliance, Inc. is wmmitted to raising the awareness of and sharing the Hispanic/Latina culture with people of aII ages and cultures, serving as an advocate for diversity and education while providing the necessary resources to effectuate a stranger cultural presence in our communities, schools, and government. " City. of Delray Beach Special Event Permit Application PLEASE- TYPE OR-PRINT ~'~~ ~$~~ a~ EV~n't Nar~e/~'i~1e: ~ ~ /bC~ ~ ~ ~~ ~ ,~~_ -- ~-_ `~ ~~ ~~~~~ f~ . I'j'1 . Event Dates}: ~ Rd DD~ Times: if Event Sponsor/Producer; - L-~ , NO (~ (~. l !r'a ~ ~° P~ ~~~. Event ContacdCdord~iaator: ~_~~r ~' ~d • m. °~, •~ ' Z- Name: ~ ,rl i e~° ~4 vn i' ~,PZ ~ ~.• , ~~ Address:, O . ,~~,.~ 3 8 Telephone Number: S'~ !• ~ 7L~33.9~Cellulaz Number: ~ - L o % -x Y 9~ - r~; E-mail Address: Event Descriptioz~/P ose: n % ~ ' i S' i e. 11~~ p `j4. v~° •~ v ~ !~o •/ . C - ,I ,~' ~ a ? .~ foods ~ fJQ+~'Ir• Brief History of Event {If applicable): ' r~ +'-'1i4. 1~ ' e~ b.T ~-ba~~' co.~~s~- Number of Individuals Served Previous Year {if applicable): Describe the targeted population and expected attendance: m ~ ~P~'~ '~ IV~'~' - Fwd o~ ---~.. ,; 1 Planned Activities {Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): _ ~ ~ .. - ~~. r Describe haw the prograus or project addresses community needs: cc,~ ,I..£.IJGn~ ~~±Gdi w i ~f v c k. ~ 0 ~ oo ~ S ~u.+!t k G .~/~ ~. V " o ' yid pct..R G~G~A ~~i~ G+~ C 4 /'1 G tP 13 e rn " c Si s `d ~ ~ ~w J-Fu re a.~ ~ ~'~ ~ ~ ~ . e~.~. ~y Describe your Mazketing/Promotions Program (How will you marketlpromote, i.e: TV,--~ . q~ radio, posters, flyers, web sites, other}: ~ ~~5~ ~6 Sr~1 .. Y•+,1 ' ... ]. • Sponsor Category (please check) City ^ :Npn-Profi~Charitable ~ Private Co-Sponsor -Non-ProfitlPrivate ^ (If Non profit attach proof o SOIc{3) ~c{6), C(10), or c(~i9) or. {rit) Event Location (Describe area boon 'es of eventllocation): s t^ /~ 3 'f' o~ -~'" S w : w ~o N! ~ ~.T~ ~~; a ~~~ a d ~v E ~_~4~.-~ v'~' ~. ti ..,~!„ , Site-plan attached: yes / no..~ , (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting,. and barricade location if applicable.:) Rental of Old School Square: yes~_ no (~f yes, attach: proof of approval} . ~ . Private Property Use: yes no (If yes, attach letter giving authorization from property owner} ,, Event budget attached: yes_ / - no (Required for aU events) .. Previous ar Reyen~e/.~xpense summar3+ attached: ;. yes / no _ ~ ' (Required for all events) - ",-,,•, s Da you have ca h spo'tisors for the event: yes / no (Indicated on budget) Do you have inkind sponsors for the event: yes~~ no (Indicated on budget) , _~ U:IwwdatalCrearive City Collsbxative Committeelspeeial Event Permit Application Fina19.6.D7.doc Serving or selling alcoholic beverages: yes no (If"yes,-copy of license and alcoholliability insurance required two (2) weelrs prior to event) - i. Event cerhf'~ irate .of insurance attached:. ~ ye..s Y , - no (Required two (2) weeks prior to event naming the City as additional insured, also required for.vendors).. } Playing of amplified music: yes ~ no (Waiver required) Will there be entertainment: yes. ~ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees'all entertamtrient'will be family oriented and contain no obscetities yes „~ no Requesting Police assistance: ~ ~ yes_ no _ (traffic controll~security}. Will supplement with private se~~it~j+: '~ '~y,~s~ "_`~, ~ I i_~no_~.~. ~ , ~~ (If yes, need plan attached) Requesting Emergency Medical.assistance: yes.- __ Requesting barricade assistance: yes (If no, how aze~ you handling`?) Requesting trash removaUclean up assistance: {Will be billed to sponsor) Requesting trash boxes/containers and liners: Requesting stage use: (If yes, check type) Large stage (14' g 36'} Q no no Yes~~ , ~rio, yes ~ ° no yes no /.~ ., Small stage, {16' x 21'} n Half small stage (8' g 21') ra Requesting signage: yes ~ no Type: 4'x4'Event sign Parking Signs ,~,,~ Banner hangin Indicate dates required ~ { ~' (Waiver required if more than one (Y) week prior to event) Requesting City Portable Generator: -yes ~ ~ no " --- (If yes, size & power) ~ y~_ uj..~•~ro.~'.~-v Food -and beverage vendors: `/ .yes V . na If yes, approximate member S (Health Department approval required) yes no • a } II:lwwdatalCreative City Collabrative Committeelspecial EventPerrtiit Application Final 9.b.07.doc I Other vendors: {Indicate type) F ~/ no Tents: ~ yes- ~` no If yes, How many ~J ~ What size or size required 0 (If yes, tent permits and fare inspections may' be needed) Will the event include amusement rides: yes no (I, f yes, Type and location and copy of liability insurance required, also requires state license and inspection.} - Will -the event. be gated: yeS~ no (Show on ,site map} Will there be a char a for the event: ~ yes no g (If yes, indicate ticket prices) Wzll there be fireworks or other pyrotechnics: yes no (If yes, contact Fire Marshal to obtain and complete permit application} Will there be cooking with compressed gas: yes ~ no (If yes, contact Fire Marshal for Inspections) Wiil you be providing port-a-lets far the event: yes no (If yes, locate on-site map. If no, indicate how you will haradte restroom needs) Is reserved parking requested: yes no (If yes, indicate locations and purpose for use) Event Permit Attachments: /' Revenue/Expense Budget ~_Revenue/Expense Recap Last Years Event . /" Site Plan etter Requesting Noise Ordinance Waiver ~~Letter Requesting Waiver Consumption Alcohol Beverages ,/" Proof ofNon-Profit Status ~~General Liability Insurance Certificate ~ ~/(5 ~~~~ ~'V~W'~ / Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner ` ~ ~~~' ~~_Hold Harmless Agreement ~ E hd i ~ ~L~ks ~~~~ Submittal Date Requirements: • Minor Event .4S days prior to event . .Intermediate Event 90 days prior to event ,. • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event U:lwwdatalspecial Event Itequestlspecial Even# Permit Application FFPCAI; 9.6.07:doc ~ f a v t • ~ ~ /+ra v, ~o, a o o / vent ~`ontrs~to.r/Coos ~nato~ Date Please print: ~ G ,,~;`,,,~. r'e'L Please enclose the appropriate non-refur-dable application fee payable to the City of Delray Beach, 100 N.W. 1~ Avenue, Delray Beach, Florida 33444. Required with permit application. _ , Far Staff Use Only Date Received ~~~~~ ~ Application fee received $ $ f~©' ~_ November 30, 2007 Mr Robert A. Barcinski Asst. City Manager 100 N.W. 1st Avenue Delray Beach , Fl. 33444 The Hispano-Latina Cultural Alliance ,Inc. ,will be having their Cinco de Mayo festival on Saturday May 3rd,2008.On behalf of the Cinco de Mayo committee I would like to say that we will not need barricades, for the reason that we're not closing streets ,only may-be the S.E. 1st Ave to the parking garagebut I don't think so. Thank You. Sincerely, , ]anie Ramirez VL/lY/LVVV VVYP L'!W Zvi r.v vvv.. ~~---- ------- .~J Hispano-Latino Cultural Alliance, Inc. Cisco de Mayo May 3, 2008 2007 2006 Actual ProJeated REVENUE Vendors 3,400.00 $ 3,400.00 Adrriissivns 13,570,00 5 13,670.00 Concessions 8,482.00 $ 8,500.00 7~Shirts 10.00 5 ~.~ Race 506.00 ~ 460.00 Sponsorships 5,000.00 $ 15,485,{10 Cif`tslDanRtivns 1,100,00 $ 1,000.00 Food Booth 313.00 $ 400,oa Childress Activity 8vath 437.00 S 500.00 Total Revenue 34,317.04 S 4s,s15,00 a~xP~NSSs ~~e~t ~~ r-Shirt $ 518.00 ~ soo,00 Site Rerrtal S 1,650.00 $ !,700.00 Fencing 5 1,582,00 $ 1,800.00 Concession Products $ 2,575 $ 2800,00 Donations $ 1,500 $ .2,500.00 t3quipment Rental $ 1,359 S 1,500.00 Security ~ $ 2,174 S 5,525.00 Fcad far Vendors $ 770 $ ~•~ Booth 3 551 S SOD,QO ~ 1Z,75f1 $ 18,125.04 EntertaftsmerK DJ/Barids S 5,654.00 ~'~ Ghildren'sActrvities $ 1,765.00 2000 ` Dewrations $ 788.00 800 ponatians $ 250.00 ~. S 8,454.00 S 10,344.40 Marketing Nennrsprint $ 588.00 3 800.00 -`'Radio a 1,250,00 5 1.500.00 Promotional Printing $ 350,Q0 $ 350,D0 Scholarships $ x,500,00_ 3,~ 2.500,0 $ 41,788.44 ~~.., $ 5,750.40 QthBr Expenses ~J Insuratsae S 2,'!55.00 $ 2,500.00 ~~~ $ 150.00 $ 300.00 Offco 5uppiias 5 150,00 S ~.~ Meeting Casts $ 50T.00 5 600.00 Aocvuntlng 3 625,00 $ 700.00 Wrist Bands 3 384,00 $ 400.00 VoluntearlSponsorship Party S 3,500,00 $ 3,600.00 S 7,452.04 ~ 8,204.40 Teal Expenses $ 33,463.00 3 41.775.04 Net Fnaotnd(~oss) S e54.oo S 1,84o.on M ~I I h r ~~ ~~,., Y ~~~i r ~~ a MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 26, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 SPECIAL EVENT REQUEST/11TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the lld' Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on May 24-25, 2008 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NW 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center Parking lot, to provide staff support for traffic control and security, barricading and for fire inspection services. BACKGROUND Attached are the event permit application, site plan and budget. The event sponsor will be responsible for event management, clean up, night time security, dumpsters, and for providing barricades. City staff will install the barricades if needed. Total estimated City costs for this event are $4,585. Per event policies and procedures the event sponsor is responsible for the payment of all City costs. The Court House Garage, as well as City Hall Parking lots will be used for event parking. The North lot at City Hall will be used for vendor parking. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on NW 3rd Avenue and Tennis Center Parking lot, providing staff assistance for security and traffic control, barricading, fire inspection services, and allowing the event signs to be installed one week prior to the event with all overtime costs to be paid by sponsor. Approval is conditional on the receipt of a Certificate of Liability Insurance and Hold Harmless Agreement. ~i Ci ~f Delra Beack~ ~~~~ ~E~ a~Y e~ Specia.i iJvez~t i;'ear~a~-~tao,~l~V~~ 8 ~r ,Appiication SERV- E5r-v~ ~ ~''L~ASE TYPE OR PRINT 1943 2401 Event NameJTitle: ~ (~t. 1 C Y~'~' ~~~~~ Event Date(s): ~ Times: -Sc3~ ~~l~i.h ~~Gi. INt r~ Event sponsorlProducer: t~a~nrard ~? la n ~'YP.V ~'S'I~ YYl2r.1 Co~ ~ '~' ~I~l~~f ~~'S Even# Cont~ct/Coordinatar: IQY+f" l ~h ~~ ~ i ~ S _ Name; Address: ~~ ~ y+l ~rowa ro( Blu. ~av~fiafi~h . ~L 333x9 Telephone Numbex: - ellular Number: E-mail Address; ~e.,rri G~~r_~-~s-t~_yaf. e o ~ Event Descriptior~/Ptarpose; ~c~:~Oa r c ~ tA. ~ iPC~ ~'~a~F+ V~~-Q grief History of Event (If ap~,licabie PIai7.ned activities (outline of activities/number of activities, i.e. ent'ertain~eII1; children's rides, games, otherprograms): -~~ ~ Number of~ndividuals Served Fre~rior~s Year (if alrplicable): ~ ~A population and expected attendance: ~C'l~.e 1~i ~UC7 Describe how the pro~rarti or project addresses community needs_ Describe your Marlteting/Pxoz'n.otions Program (Haw will you markctlpromote, i.e. , radio, posters, flyers, web sites, othez): ~~~ s Sponsvr Category please check} City ^ Noa ProfitlChax'ltal~le ^ Private Co-Sponsor -Non-Pro~xt/Private d (~'f Nan Profit adta~eh proof of SOIe(~), c(4), c(6), C(YU), ar c(I9) or (d) Event Location (Describe area boundaries of eveatllvcation.): Site plan attached: yes~_ na (Site plan requ8recl ter entire event site. lriclude lt7cations of tents, stage, portalets, dumpsters, portable li:ghtir~, and barricade location if applicable.). Rental ol: Old School Square: yes no._ ~/ (lfyes, attach proof of approval) Private Property 'Use: Y~ - {if yes, attach letter giving authorization from proper Event budget attached: yes~J,_„ (required for all events) Previous yeaz RevenuelExpense summary attached: (Required for all events) n°_ ~1T_- ky owner) no yGS~y-. ^ no I7o you have cash sponsors for the event: yes_ uo,~, .~ (Zndicatad on budget) ` / Do au knave inkimd s onsors for the event. Yes no ~! Y p (indicated on bt.ldgct} U~lwwdatplA~eivr City Coltsbretive CommittcalSpecia] 13vont pm-mil Application ~ina19.6.47.doc Serving cn selling alcoholic beverages: yes na~~ ~.J~Y~, copy of license and adcohod Ixad-illty insurance required two (2) weeks prior to event) Event certifiicate of insurance attached: yes na y (Required two (Z) weeks prior to evert naming the Cdty as additdonal insured, also required for vendors) - Playing of amplilfxed music: yes no,~_, (1~aiver required) Will there be entertainment: yes no- Requesting Police assistance: yes~~ np (traffic cantroUsecurity) Wi11 supplement ~r+ith private security: yes no,~,~ (~f'yes, need pla-~ attached) (If yes, attached list of Performers and/or AJ'"s) If yes, sponsor agrees all enters ta'nrr+ent wi11 be family oriented aztd contain na obsc~aities: yes___. no Requesting Emergency Medical assistance: yes no-~~ Requesting barricade assistance: yes ~ na (if no, how are you handling7} Requesting trash removallclean up assistance: yes zzo / (Will be billed to sponsor) Requesting trashboxes/containers and liners: yes na / Requesting stage use: yes no / (If yes, check type1 Large stage (14' a 3b'} a Small stage (X6' a ~1'} n Haif ,sma11 stage (8' x 21') o Requesting siguage: yes / no 'I~pe: 4'x4'~vent sign Parking Signs Banner hen~g - indicate da#ea requfred (Waiver required amore than one (1) week prior to event) Rsc}uesting City Poztable Q+enerator: yes no~~f --- (If yes, size & paver} Food and beverage vendors: J yes / no .dyes, approaimate number S'b , ~o l2 _ }~~rYw} (Health Department approval req eu~r ~ yes no~ U:Iwwaaralc~earive city coilahrotive commiteeelSpeciai Event Permit AppHeafinn Rind 9.6.47.dx 11/01/2007 00:48 FAA 54124~71fltJ CITY MANAGERS OFFICE 0]004 Utlxer vendors: yes na ~/''~ {IndzGate type) Tents: yes ~ no If yesj i~ow naany_ 111~ What size ar stte required i ~ ~ ~a (If yes, tent permits andfrre snspectiorrs mr~y be needed) i' Will the event include amusement rides: yes no ~' (If yes, type and location and dopy of liability frasuratzce required, also requires state license and anspection.) Will the event be gated: (Show on-site map) ye$ ,•'' no `'~ '4Vil,Z there be a charge far the event: yes rxo ~./ (If yes, indicate ticlCetprices) ,~' Will there be fireworks or other pyrotechnics: yes no ~,.~'~ (If yes, corntaet Fare Marshal to obtain and complete perani# application) Will there be cookin4 with caznpressed gas. yes no_ ` (If yes, contact F'ir~e Marsizal fot anspectaons) ~Nill you be providing part-a-lets for floe event: yes °~ no (If yes, locate an-site reap. If -ao, indicate how ynu wilt handle restror~m needs) Is resezved panting requested: yes no e ~°` (If yes, indic:a#e Locations rand,purpose fir use) E~ve~~t Pe~1it Attaahmez~ts: Revenue/Expense $udget RevenuelExpense Recap Last Years Event Site Plan Letter Requesting Noise Ordinan,Ce Waiver Letter Requesting Waiver Consurxlptiork ,Alcohol Beverages Prom` cif Non-Profit Status Genera] Liability Insurance Certificate ~A.Icokol Beverage Liability Cez-tiflcate Proof of Dental AgreeFnent or Authori ,ation ]:ratter from Private Property Owner Hold T-iarmless l~greement Stibznittal late Requirements: • Minor Event 45 days pz~ior to event Intermediate Event 90 days priax to event ® Major Event 120 days prier to event s Neighborhood Block Party 30 days prix to event tJ;lwwdatn\5peoial Cvcnt Requcytl5pcciaJ Event FermiE Application FINAL 9.6.07-doc 11/01/2007 09:49 FAY 5~1243719fl Event Contractor/Caordinatbr Please print: _ Date Please enclose the appropriate non.-refundable application fee payable to the City of Aelray $each, 100 N.ZT~. 15t avenue, Delray Beach, Florida 33444. Required with perrz~it application. ~'or .Staff Use Only ;~ ~ ~., ., Date Received ~~a~~' ~%'~~ Application fee Received ~ ~ ~5 ~'~ CITY MANAGERS OFFICE ~ 007 U;hvwdutalCrcaeiva Ciky Collabretive Committee\Special Event Permit Application Find 9.6.07.doc American Craft Endeavors 10th Annual Downtown Delra Craft Festival May 26 & 27, 2007 PROPOSED BUDGET FOR M ay 2Q07 income Number of Crafters 110 Crafter Revenue 519,25D Number of Food Vendors 3 Food Vendor Revenue 51,049.A0 TO#a! Revenue 520.299.40 EXPENSES Advertisin : Boca Raton News Expense :708.50 Palm Beach Post F~c nse 51,551:12 South Florida Newspaper Expense $.325,00 Sun Sentinel Expense 51 544.80 Advertisln $ubTotal 54,129.42 Services Permit - Palm Beach Coun Health Expense 525.00 Permit City Of Delray Beach Ex nse 5100.00 S9 na a AA $i n Lines Expense 5600.00 Sanitation Able Sanitation Expense 5680.34 Sanitation Southern Waste S tams nse 579$..96 Sanitation Tents for Events Expense 5530.00 Barricades Bob's Barricades Ex nse 5350.00 Secu ' ,Fire, Public Works City Of Delra Beach Expense 53,351.00 Rentals Tents for Events Expense 5350.00 Graphics for advertisin Expense Expense 5250.00 Pa II Hela a Stilii s 8: StafF Expense 51,953.48 Rental Property Defray Joint Venture Expense 52,000.00 Lodgin sand meals, travel Expense 5400.00 One MiNion Dollar liabil ins poll Expense 5675.00 Administrative Overhead tefephane, maiiings,etc Expense 51 600A0 Service SubTotal 513,663.78 Total Expenses $17,793,20 Show Profl# $2,546.20 American Craft Endeavors 1 '! th Annual Downtown Delray Beach Craft Fest iva[ May 24 & 25, 2008 PROPOSED BUDGET FOR M ay 2008 Income Number of Crafters 105 Crafter Revenue X16,760 Number of Food Vendors 2 Food Vendar Revenue $900.00 Tota! Revenge $16,650.00 EXPENSES Advertising Boca Raton News Expense $809.50 Palm Beach Post Expense $1,250.35 South Florida Newspaper Expense 3326A0 Sun Sentinel Expense $1456.85 Advertisin Sub7otal $3,841.70 Services Permit Palm Beach County Health, Expense 325.00 Permit City Of Delray Beach Expense 3100.00 Signage AA Sign Lines Expense $2Q0.00 Sanitation Able Sanitation Expense X649.36 Sanitation Waste Management Expense $664.98 Sanitation Tents for Events Ex ense $325.00 Barricades Bob's Barricades Expense $276.00 Securi ,Fire, Public Works City Of Delray Beach Expense 33,351.00 Rentals Tents for Events Expense $675.00 Graphics for advertising Expense Expense 5175.00 Payroll Rental Property He[ayne Stillings & Staff Delray Joint Venture Expense Expense $1,350.79 $2,000.00 Lodgin sand meals, travel One Million Dollar liability ins policy Expense Expense $200.00 $575.00 Administrative Overhead telephone, mailings,etc Expense $875.00 Service SubTotal $11,437.13 Total Expenses $15,272.83 Show Profit $1,377.17 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 8.L.1 -REGULAR COMMISSION MEETING OF MARCH 3, 2008 BID AWARD/GARDEN WORLD NURSERY & LANDSCAPE SERVICES/DOWNTOWN GATEWAY LANDSCAPING ITEM BEFORE COMMISSION Request for Commission to bid award and authorization for the Mayor to execute the construction contract with Garden World Nursery & Landscape Services for the Downtown Delray Beach Gateway Landscaping in the amount of $245,998.75. BACKGROUND The purpose of the landscaping is to complete a portion of the Downtown Delray Beach Master Plan. That plan includes a special Gateway to announce the entrance to Downtown, commemorate important events and reflect the City's identity and history. This project will provide a large part of the landscaping component for the Gateway. The project is for the landscaping of the Gateway Park on West Atlantic Avenue from the northbound I- 95 on and off ramps to SW/NW 12th Avenue. The work generally consists of the following: installation of trees, shrubs and miscellaneous landscaping materials. This project also includes irrigation and maintenance of traffic. Garden World Nursery & Landscape Services was the low bidder for the project. Funding for the project was acquired by a Florida Department of Transportation grant. FUNDING SOURCE The funding source is account #334-3162-541-68.09 RECOMMENDATION Approval ~ N ~ O i O C7 M ~ O O O - N N ~ U U ~_ N ~ O N W m >, N L _O N O U N N m >, N N _~ `~ r W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0~~~ O O O O O O O O O O O O O O IU W 0 0 0 0 0 0 0 0 0 0 0 0 0 0~~ 0 I~ ~ N O O O O O O O O O O O O O O ~ H p O O O O O O O~~~ O O O~ 00 N O~ M ~ 0 0 0 0 0 0~~ 0 0 0 0 0 0 fn 0 0 0 0 0 0 00 ~~ a7 ~~~~ O CO ~~~ N CO X 0 0 0 0 00 ~~ 0 0 0 ~ (A fC W Q ~ O CO ~ O~ O a7 00 O O M~ 00 00 O O M~ CO M~ M ~ O CO CO ~ M 0 0 0 (A U ~~ ~~ M CO ~ M CO 00 00 O a7 ~ O ~ N N O a0 O N a7 a0 O~ N ~ ~~ ~~ w X Ef? 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U tU N .~ ~..J ~_ '-F:-+ t~ V ~F- Ca N tU _~ C9 U CCS m (~ L a~ 0 0 ti N MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, Environmental Sevices Director THROUGH: David T. Harden, City Manager DATE: February 28, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 IN-LIEU OF PARKING REQUEST /BOB'S FAMOUS BAR -REVISED ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Bob's Famous Bar for the purchase of one (1) in-lieu parking space to accommodate the relocation of a double detector check valve. BACKGROUND Bob's Famous Bar, located at 217 East Atlantic Avenue, has submitted a Class II site plan modification to reduce its parking area by one space to accommodate the relocation of a double detector check valve within a landscape island at the northwest corner of the property. During inspection of the installation of the check valve it was determined that the valve was too close to the alley and, even though protected by bollards, the risk of being hit by vehicles could not be ignored. The alley, adjacent to this property, is only 16' wide. Given the number of commercial establishments in the area using this alley to receive deliveries, this is a valid concern. The landscape island had received approval for a reduction in width to 3' 4". Relocating the check valve within the island without increasing its width would have rendered the adjacent parking space useless as passengers would be unable to open their doors. The proposed modification shows the check valve centered in the island, which has been increased in width to 6' li/z".Anew 6' 2i/z" landscape island is shown adjacent to the building. This additional landscaping will enhance the aesthetics of the property from both the alley and the Railroad Avenue right-of-way. Land Development Regulations (LDR) Section 4.6.9(E)(3) allows for the City Commission to approve the payment of a fee in lieu of providing required parking if it is impossible or inappropriate to provide the required parking on-site. Due to site constraints it is impossible for any additional parking spaces to be provided on this site. Therefore, the applicant is requesting the purchase of one (1) in-lieu parking space to replace the space being lost to accommodate the relocation of the check valve as described above. The cost per space in this in-lieu area (Area 2) is $15,600 per space and will be paid in accordance with LDR Section 4.6.9(E)(3)(d) via an in-lieu of parking fee payment agreement. The agreement requires 50% payment upon ratification and two (2) subsequent 25% payments on the second and third anniversaries of the agreement. Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages rehabilitation and revitalization within the Central Business District through a number of incentives, one of which is the accommodation of parking needs through innovative actions. The in-lieu of parking fee program provides such an incentive and therefore is consistent with the Comprehensive Plan. REVIEW BY OTHERS The Downtown Development Authority, Community Redevelopment Agency and Parking Management Advisory Board, at their respective meetings, all unanimously recommended approval of the applicant's request . RECOMMENDATION By motion, approve the request from Bob's Famous Bar for the purchase of one (1) in-lieu parking space, to be paid via an in-lieu of parking fee payment agreement, by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. .IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR BOB'S FAMOUS BAR ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request for the purchase of 1 parking space in-lieu has come before the City Commission on March 3, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Bob's Famous Bar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 1 parking space in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3~d day of March, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 w ~ N.F. w z w Q N N L~ z 0 z 0 0 J- Q' ~ I I ~_ I~ Bb=l { i I ~u ~~-~n nn~~~ ar Q w Z a- w z~ I uuw z~ A T L A N T I C n--~ n~a~ I I Q I to ~-- ... N { ~ z L- n nw~ S.E. ~ nu 1ST ~n II i 1ST n -~ I= i ~_ ~ u~ ~ ~~ I _~~ ~1I i __~ __ n n w z A V E N U E n ! -nns-n~l~ ~I I I~ I { i~ ICI ~~ >~ ~ ~~~~~ aL~n nn~ nn ST. n w w i _i~ ~; CITY of DELRAY BEACH ~ DATE:02/27/2008 BOBS FAMOUS BAR d ENVIRONMENTAL SERVICES DEPARTMENT ®®~ 434 80UiH SWNiON AVBJUE, DELRAY BEACH, ROFl~A 3;1444 I N-LIEU REQUEST 2008-200 _ !V~~ a J ~Comaa¢ e ~~ ~ ~ ~, LL U p_m~~~ ~ ~ ~ ~ ~ ~ ~ac=i ~~ o~ ~~ o taa`m~ Q +Uw ~ ~ ~I ~y~(J~(S tRa ~ - ~ fA `za LW ~ ~° NCV OL~Z Q7 CC ~ FiJ¢ ' ° ~ ~ o ~ > F i OaO ~.d.p$p .,. 'ooQ ) I~aW 0 ~ m3 IQdQ~¢7~Y o.~w =5 _4 m em Q~ ; c~ui0 ~ I -'9 w - ? - _ _ -, w~ ~ VM j0 1H`Jla A3~~V ,0'9l a~a _ G... ~ ~ ~ - ~,~ J w ^ ~ Y U ¢ z ~z ~ ~ ~~~ ~ ni n Q ~ ~ `~~ ~ s w 0 U ~~ 'b: ~ ~ • y ~ ~F Z ~r~ ". $ z S ~ ~r" II 3,~ yY d ~ ' 3~v u~ ~ I ~"~ ~ _ ' ~ J F _ } \~ \ ~ ¢ W Y Q " aka i~ ~ ^ 1 ~ `~ ~ w j ~ ~~ W ~ - ~ ~^' ~ . 7 ~tL ~ ~ ~ . g I - } O ° a U s ~ ~ ~ ~ ~ ~ ~ w~ - - - Tai y~ -, ~~ .ail ~ ~~ ~~ jf)} ~ - - ~I !!! , _ 9 atiz I ------- ° ~ ~r a ~ - ~ J z F Q _ T W ~ Q W ~ S,4~ llWa~d -ZO 83d EL ~7111W8(1S 8V~ S1N~WW,O~ti~d~a ~Ja~B ~ Q ~ „ ~ NN W a i ,~ a I y ~ p Q / ~ 4v_ N ~Q~ 1 V [ ) 0 GN~ „UUrk "jj i ~ ~~ ~, '~ ~ ~ __. u~ ~ J~ ~ ~_~ ~ ~ ~ ~~ - w v ~ iti, ~'; Ili. >I I i _ _ ~ t ~ vl v ~ ,LI ° . .. -- -~ a ice.' - z 9 -i vl m~ o >_o \ ~ - P ____ c ~ 1 --f ~ - i v~ ~~ ~ gel ~ I v U ~~ il ~ ~: m _ ~~ ~~, ~~~~ w ~ ~~ ~ ~~~ i ~ ~ - ~--~ ~ ~ - ~~- -- i 1 a ~ ~ .~3~ , _ ~ ~ i ~~ ` - .~,~~ - ~' ° I - g° ~ ~, ~v_ - v~ A ~' t - ~g 5P _ - o ~ maw ~ F _ mq ~ a 3~ o 0 - _ ~ ~ e na ~ s ~ U U w o ~ ~~ ~.~~o,s ~~ ~a U ~- 0 ~~ ~ ~ to i li I irj - ~~~ i I I 1 ~~ ~ - ~I - ~- _~_ L ~~~ r,. i, i t' } _ ~ - I ~~i _- ~ : t~~ ~I ~~4 4~ ~ ~ ®~~ ~ ~~ ~ ~~~ ~o w I~ ~ - s ~ _ I ~~ ~~ i r ?. JI , ""~ ~~ rm aQ ~~ ~,u a, =~Q brw w ~ ~~ j~~K ~a w0 a~~~ ~~~~ .~ ~~ ~ u~ aa~o i r~~ ~ Or ~ 1 U ~W7~ 0 _y z-rm MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 CONDITIONAL USE EXTENSION REQUEST/YACHT CLUB AT DELRAY BEACH ITEM BEFORE COMMISSION Consideration of a conditional use extension request to construct a new yacht club with facilities to be known as Delray Beach Yacht Club pursuant to LDR Section 2.4.4(F)(1) and (3). Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: . A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; . The letter must set forth the basis and reason for the extension; . The extension shall be considered by the same body which granted the original approval; . The extension, if granted, shall be for eighteen (18) months unless otherwise stated. BACKGROUND The property contains the existing two-story 4,890 square foot yacht club with dining facility, pool, and outdoor snack bar. The yacht club was constructed in 1963 and has had several accessory building and parking additions since that time. The applicant is seeking a complete demolition of the existing Delray Beach Yacht Club and reconstruction of "The Yacht Club at Delray Beach", which will include a 3,610 square foot yacht clubhouse, and 44 boat slips. The yacht club will contain a dock master's office, social hall, exercise room, men's and women's locker rooms/restrooms, sundeck & pool and will be part of a larger redevelopment of the site which will include twenty (20) 3 bedroom, 3 bath residential condominiums units in a 4-story building, and 82 guest & resident parking spaces in a lower level parking garage and surface parking. The yacht club will be for use by the residents of the condominiums, their guests, and boat slip owners. While not required to purchase a boat slip, each condominium purchaser will be given an opportunity to purchase a boat slip with their unit. The remaining boat slips will be available to the public with a yacht club membership. The yacht club portion of the request required a new conditional use approval in the RM (Medium Density Residential) Zoning District. At its meeting of March 6, 2006, the City Commission approved the conditional use request to establish a yacht club use for the Yacht Club at Delray Beach. At its meeting of April 26, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the entire project (yacht club and residential units). Additional background information and full analysis of the proposal can be found in the attached original Planning and Zoning Board staff report, dated January 23, 2006. LDR Section 2.4.40(3) "No Construction" Pursuant to LDR Section 2.4.4(F)(3), when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The applicant submitted the following verbatim statement regarding the delay in the construction of the proposed project with the extension request. The request was submitted within the required forty-five (45) day time frame prior to the expiration date. "Pursuant to Section 2.4.4(F) of the Land Development Regulations of the City of Delray Beach ( "LDRs "), this letter is submitted timely on behalf of our client, Yacht Club at Delray Beach, LLLP, as a written request to the City of Delray Beach ("City ") and its appropriate boards and agencies having jurisdiction for a two (2) year extension for the Conditional Use and Site Plan for the project known as "The Yacht Club at Delray Beach". These entitlements were granted for the property located at 110 MacFarlane Drive. As a courtesy, and not in limitation of further reasons or evidence to be presented at the appropriate hearings, we would like to enumerate some of the reasons why an extension for each of these two (2) entitlements should be granted. With the highly increased construction costs, increased housing costs and slow real estate market, our client is diligently moving forward to develop this project, which can be seen by the following timeline: 1. June 23, 2006 -Submitted for NPDES NOI/PPP permit. 2. June 30, 2006 -Submitted plat application to the City. 3. August 7, 2006 -Asbestos survey completed on all the existing structures. 4. September 20, 2006 -Submitted site%ivil/landscape permit (#06-109897) and condominium building permit (#06-109898). 5. October 3, 2006 -Filed condominium documents with the State. 6. January 4, 2007 -Received technical comments on the building permits and began addressing comments. 7. June 19, 2007 -Plat was approved by the City Commission. 8. October 3, 2007 -Plat was recorded at Palm Beach County (Plat Book 110 pages 151-152). 9. November 20, 2007 -Submitted revised plans to the City for certification. 10. December 27, 2007 -Received additional comments from the City regarding the plans to be certified. One of the biggest problems facing the project was trying to figure out where the City's drainage system was in proximity to the project site. The City's "as-builts" were not helpful, so the project engineer had to hire an independent contractor to dig and locate the City's own drainage lines. The City's Engineering Department also had concerns about whether this project would be allowed to connect to drainage lines once they were located. Numerous meetings with the City's Engineering Department were necessary and as a result, a lot of time was spent resolving these issues. In addition, the composite utility plan had to be revised several times to meet the specifications of utility providers, thus adding to a lengthy process of getting sign-offs from each utility provider. " The basis and reasons for the extension request is required pursuant to LDR Section 2.4.4(F)(1)(a) and (b) that says: (a) A written request for an extension must have been received by the City at least forty- five (45) days prior to the expiration date; and (b) The letter must set forth the basis and reason for the extension. The City has recently processed various extension requests for residential and mixed use projects that were approved in the past several years and have not been built due to the slow-down in the real state market. Given the fact that market forces are not directly under the control of individual developers, the City generally supports extension of approvals for projects that have not commenced construction. The applicant has initiated and concluded various tasks directly related to the project. On September 20, 2006, the applicant submitted site, civil, and landscape permits and a condominium building permit. On October 3, 2006 the applicant filed the condominium documents with the State. A plat has been approved by the City Commission on June 19, 2007 and recorded at Palm BeachCounty on October 3, 2007. On November 20, 2007, the applicant submitted revised plans for certification, addressing technical comments and conditions of approval. On December 27, 2007, the applicant received additional comments from the City Engineer regarding the plans submitted for certification and is in the process of resubmitting revised plans once again. All of this appears to indicate that the applicant has continued to work diligently and with good faith in efforts to build the project. Conversely, a weakening economy as a result of a "soft" real estate market is indeed a reasonable external circumstance that has hindered the construction of the development Based on the down-turn in the real estate market, it is reasonable to grant the extension of the conditional use approval since this issue is beyond the control of the developer. The Site Plan Review and Appearance Board (SPRAB) will consider the request for site plan extension if the conditional use extension is granted by the City Commission. There have been no changes in the LDR's since the time of the original approval which would make any aspect of the development proposal for the Delray Beach Yacht Club non-conforming. Similarly, the original findings of Concurrency, Future Land Use Map and Comprehensive Plan Consistency and Compliance with the LDR's can be reaffirmed [LDR Article 3.1]. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has specifically requested a 24 months extension for the conditional use and site plan. Based upon the above, the extension request would be valid through March 6, 2010, as requested by the applicant. RECOMMENDATION Move approval of the request for an extension of the Conditional Use approval to establish a yacht club use to be known as Delray Beach Yacht Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations, Section 2.4.5(E)(5), Section 4.3.4 and Chapter 3. VIIEINER & ARONSON, P.A. ATTORNEYS AT LAW ,- MICHAE! S. WEINER CAROlEJ..ARONSON January 9, 2008 The Clark House 102 North Swinton Avenue Defray'-Beach, FL 33444 . Telephone: (561) 265-2666 Telecopier: {561 } 272-6831 E-mail: jmankoff@zonelaw.com Mr. Paul Dorling Director of .Planning and Zoning City of pelray Beach 100 N.W. 'ist Avenue Delray Beach,- Florida 33444 Re: Extension Request for "The Yacht Club at I]elray Beach" Our File No.: CAPXQ`[2 . Dear Paul: JASON S. MANKOI=F KERRY D. SAFIER Via Hand Delivery 3~j ;~ JAN ~ ~ 20Q8 ~~ !f _~'~: F~~i~~~~~~C ~. ~~~'ks's`~z Pursuant to Section 2.4:4(F) ;of the Land Development Regulations of the City of Defray Beach ("LDRs"), Phis letter is submitted timely on behalf of our client; Yacht Club a# Delray Beach, LLLP., as a written request to the City of Delray Beach ("City'') artd'its appropriate boards and agencies F~aving~ jurisdiction for a two (2) year extension for the Conditional -.Use and Site Plan for the projec# known as ."The Yacht Club at Delray Beachn. These entitlements were granted far the .property located at 110 MacFarlane Drive. - . As a courtesy, and not in_ limitation of further reasons or evidence to be presented dt the appropriate hearings, we world li[<e to enumerate some of the reasoii;5 why an extension for each of these two (2} entitlements should be granted. With .the highly increased construction costs, increased .housing. costs and-scow real- estate market, our client _is diligently moving forward to develop this project, which can be seen by the,following timeline: - June 23, 2006 -- Submitted for NPDES NOI/PPP permit. - .June 30, 2006 -Submitted plat application to the City: - August 7, 2006 -Asbestos survey completed on all the existing structures. - September 2a, 2006 -Submitted sitelcivi111andscape permit (#06-'I09897) acid ~:1CAPX0921~et#er to Paul Dorling re Irxtension RequesE_Jan 9, 2008_DaC Mr. Paul Dorling - Page 2 of 2 z - ~. - condominium building permit (#06=109898}. - October 3; 2006 =Filed condominium documents with the State_ 'January 4;. 2007 ; Received technical: comments on the building permits and began addressing comments. June 19,2007 -Plat was approved ~by the City Commission. - ~ .: ' ~ ~ - .October 3; 2007 - Plat.-was recorded at .Palm -Beach .County. {Pf a~ Book 110 pages 15.7-'f 52}. - November 20, 2007 -Submitted revised. _p[ans to the City for certification:. - - .December' 27,.2007 -Received additional comments from the" Gity regarding the . plans to be "certified. - - ~ ~ - - One of the biggest prokilems facing .~h~ .project was ~#rying to figure out where. #rie City's drainage.syst~m was in proximity to_the project site.-.The City.'s~"as-biailts" were - not helpful, so the project engineer had- to hire an independent contractor to dig -,aiZC! locate- ,the." City's 'own drainage ,lines. _ The City's Engineering Department also ,had. concerns about. whether"this-projECt would-be. allowed to connect to drainage lines once ' they -were locatad. Numerous meetings .with .-the C:ity's Engineering Department were necessary -and as. a result, a lot "of time, was spent resoling ahese:~rssues: In. addition; - .: the' composite utility-plan had to be revised =several _times ;to. rrmeet~ the` specifications of . - utii.ity providers; ti~us- adding tb ~a .lengthy process of~ getEing sign-ofFs`from:"each~ utility -. ~ provider. - - _. _ .. " Therefore, fo_r ail_these.reasons, we respec~fuily request your support of.both of - . these.extensons~ Our:client~has continuously acted in good ,faith #o mope fihis p:roject~ forward. ' _ ;~ - Enclosed please zinc! a fee in the amount of Six Hundred.~Ten Dollars {$fi10.00}. . made payable to the ~ity`cf Delrey Beach..Please. let: us know all respective dates that these extension requests will be.h.eard'and before which boards.. Thank you very much. for your consideration of the foregoing. Very t ly yours; ..~ ~ ~ ' ason. S: Mankoff-. ~ ~ . - .. JSM:aIv "''Enclosure - - ec:~ Mr..Josh McAlees {w/enclosure} " - Michael.S. Weiner, Esquire {wlo enclosure)- - Ms: Ashlee 1:.. Vargo {w/o enclosure) Q:ICAPXOi21l..et#er to Paoi Dorling re Extension Request.Jan 9, 2008.DOC PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner..:.:...: ............. ... January 23, 20Q5 I I1-D. Conditional use request to allow the demolition of and reconstruction. for the Yacht Club of Delray Beach, located on the west side of MacFarlane -Drive between Miramar Avenue & Ingraham Street, south of East Atlantic Avenge. Delray Beach Yacht Club, LLC. Agent . ... . ..... . .............. Weiner & Aronson, P.A. .. Loc;aation ................:......... Property Size .................. 110 MacFarlane Drive 3:29 acres Future Land Use Map_.... Current' Zoning . .....:.....::. Adjacent Zoning...:North: East: South: West: Existing -Land Use......... MD (Medium Density Residential) RI1A {IVledium' Density Residential) RM {Medium Density Residential) RM {Medium Density Residential) RM {Medium Density Residential) Intracoastal Waterway Yacht-Club and Marina Proposed Land Use........ Yacht Club . & Marina,, 2D residential condorriinums units at ra.07:dwefling .units per acre Water Service ................. Existing on site. Sewer Service ................ Existing on site. DELRAY SUMMlT CONDD `I~' %// ~~{ C: ITEM.BEFQRE_THE SC~gRl7 The item before the Board is that of making a recommendation to the City Commission on a request for conditional use approval to establish a new Yacht Cfub with Facilities (Yacht Club at Delray Beach}, by allowing the demolition and reconstruction of the current ^elray Beach Yacht Club Center located at 116 MacFarlane Drive pursuant to LDR, Section 4.4.6(D)(9) and LDR, Section 2.4.5(E)(5}. The subject property is mare specifically located on the west side of MacFarlane Drive, between Miramar Avenue & Ingraham Street, south of East Atlantic Avenue and is zoned Medium Density ResidentiaE {RM}. BACKGROUND 1 PROTECT DESCRIPTIE3N ! .. - --- The property contains the existing two-story 4,896 square foot yacht club with dining facility, pool, and outdoor snack bar. The yacht club was constructed in 1963 and has had several accessory building and parking additions since that time. The applicant is seeking a complete demolition of the existing Delray Beach Yacht Cfub and proposes the "Yacht Club of Delray Beach", to consist of twenty (26) 3 bedroom, ~3 bath residential condominiums units in a 4-story building, 86 guests & resident parking spaces (lower level parking garage and surface parking}, a 3,616 square foot yacht clubhouse; and 44 boat slip docking spaces. The yacht club itself will contain a dock master's office, social hall, exercise room, men`s and women's locker roomslrestrooms, sundeck & pool. The new yacht club building is to be of Caribbean style architecture with light blue and yellow smooth stucco finish with stucco reveals, grooved meta! roof and parapets, white columns & doors, and decorative forest green aluminum Bahamian and louvered shutters- There will also be 42" high decorative aluminum forest green railings. The applicant intends the yacht club will be for use by the residents of the condominiums, their guests, and boat dock slip owners: The boat dock slips will be sold at the same time as the condominium units. While not required to purchase a boat slip, each condominium purchaser will be give an opportunity to also- purchase a boat slip. The developer will "hold back" enough slips to ensure that there are slips available if the condominium owner wishes to purchase a slip. Overall the proposal is an 84,459 square foot building complex, 19,656 square feet of which will make up the ground floor. The building area will have 46% site coverage, 17.76% Parking, and 42.28% open space. The complete demolition and new construction of the proposed yacht club with condominiums requires a conditional use approval in the RM (Medium Density Residential} Zoning District. The applicant has also submitted a concurrent Class V site plan submittal for the project pending conditional use approval. The proposed conditional use is now before the Board for recommendation to the City Commission. i Cl3NpIT10NAL JSE kNALYSiS REQUIRED FINDINGS {Chapter Three}: pursuant to LDR Section 3.'1.4 (Required 1Findings}, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. Planning and Zoning Boas staff Report, ;fanuary 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive This may be achieved through informs#ion on the application, the staff report, or minutes, Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate #o the following four areas. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the appficabfe land use designation as shown on-the Future Land Use Map. The subject property has a Future Land Use Map {PLUM) designation of MD (Medium Density Residential) and a current zoning designation of RM {Medium Density Residential). The RM zoning is consistent and compatible with.the MD PLUM designation as shown on -the Future Land Use Map, and a "yacht club with facilities" is identified as a conditional use in the RM Zoning District. Thus, positive findings can be made with respect to PLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shad be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided. pursuant to levels. of service established within the Comprehensive Pfan: Water and Sewer: Water service is accessible from an existing 8 inch water main along MacFarlane Drive. Sewer service is also provided by an 8 inch sewer line in the same location. The City's water utility levels of service are- o Average flow design of the water system @ 195 gpcd_ (Gallons per capifa per average -day) o Storage capacity for the water system @ 15% of maximum flow plus. fre reserve at 1.5 MG (Million Gallons), plus 25% of that to#al. (Based on 2000 figures, this amount is 6 MG.) o Minimum pressure for the water system @ 20 psi {Pounds per square inch}. The Level of service for the. sewer system is based on the waste water treatment plant which is 12 mgd, {Million gallons daily) or 160. gpcd in addition to the specihc requirements of. Boynton Beach {capacity divided by effective buildout population of 75,000. (Source: "The Cif of Delra Beach Com rehensive Plan's Based upon the above, positive findings can be made with respect to these- levels of service standard. Drainage: There are some issues an#icipated in accommodating on-site drainage based on the technical comments received from the City Engineering Department. Several details regarding drainage will need to be addressed at the time of site plan approval which include concerns with the subsurface elevation of the parking garage. Based upon the above, positive findings with respect to this level of service standard will be contingent on addressing all technical comments before site plan approval can be made. Streets -and Traffic: A traffic statementlstudy has not yet been submitted- A letter and traffic statement/report wil! need to be .submitted to Planning & Zoning and tf~e. Palm Beach County Engineering Department for review. A response must be received indicating that the proposed yacht clublcondorninium project meets the Traffic Performance Standards for concurrency subject to the project aggregation rules before a positive finding can be made with respect to 2 Planning and Zoning Board ~ff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 11 D MacFarlane Drive traffic concurrency. This approval from Palm Beach County is also attached as a condition of conditional use approval. Parks and Recreation Facilities: The proposed 20 residential units will not have a major impact with respect to the tevel of service standards for parks and recreation facilities. . However, pursuant to LDR Section 5.3.2(C), whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee of $5DD.00 per dwelling unit will be collected prior to issuance of building permits. for each unit. This will require-that an impact fee of $10,OOOAO will be paid for this development. Solid.Waste: Trash generated each year by the proposed 2D dwelling units is 10.4 tons and 21.3 tons for the 3,61.0 square foot yacht club. The combined total of the proposed yacht clublcondominium project is 31.7 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024. Therefore, a positive finding with respect to this Level of service standard can be made. Schools: The applicant has submitted a School concurrency Application to the School District of Palm Beach County, which must approve the development proposal for compliance with the adopted Level of Service .for School concurrency. Verification from the Palm Beach County School District is pending and a written finding of approval from the School District is attached as a condition of approval. Thus, positive #indings can be made with respect. to concurrency contingent on all above stated conditions being met_ CONSISTENCY: Compliance with performance standards set forth in Chapter Three and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request -shall be the basis upon which a finding of overa[I consistency is to be made. Other objectives and policies. found in the adopted Comprehensive Plan may be used. in making a finding of overall consistency. A review of the Objectives and Policies of the adapted Gomprehensive Plan was conducted ar~d the following Objectives and Goals were found: Future .Land Use Obiecafive_A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and. other applr'cable physical considerations, is complementary to adjacent land uses; and fulfills remaining land use needs. There are some concerns with the proposed elevation of the parking garage being 4 feet -below ground level and the flooding issues that may be presented. The development will need to be redesigned in a way that negates these concerns. Pertaining to the Land use, the development will be complimentary with the surrounding medium density residential developments and the yacht club will actually decrease in the size of the existing facility from 4,890 to 3,61D square feet. Fufure Land Use 4biecfive A-3: The development of remaining vac_anf land shat! provide for fhe retention of open_space and nafural resources. Open space in the redevelopment of the yacht club measures 42.28% and more than satisfies the minimum 25% open space requirement. 3 Planning and Zoning Boai . staff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive Future Land Use, Ob-ective B-2: Facilities and services which are provided by, or through, the City of Delray Beach shall be provided to new development concurrent wifh the issuance of a building permif. Approving the conditional use application would still require the development to receive Class V site plan approval and will require the developer to meet all technical conditions of approval before a building permit is issued. By meeting these technical items which are required by the City Engineering, Building, and Landscaping officials, the City will be better positioned to provide these facilities and services. Trans ortation Element Polic D-1.1: All new development and redevelopment shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does nvt have to use vehicular travel-ways to access common areas or neighboring properties. Sidewalks are a requirement along MacFarlane Drive, however, because of limited right-of-way, and encroachment issues with existing parking spaces and mature landscaping, this requirement was brought to the attention of the Development Services Management Group (DSMG) of the City of Delray Beach for a suggested resolution. It was directed that the applicant provide a more detailed survey showing the location and dimensions of MacFarlane Drive in relation to The existing ficus hedge along the west side of MacFarlane. The existing tree locations along the west side of MacFarlane. The existing pavement location in relation to the hedge; alohg with the full pavement width measurement for MacFarlane. Sidewalk construction adjacent to curblgutter may be an option depending upon the items shown above. If the physical dimensions & locations of the existing landscaping; pavement location and pavement width cannot be re-formed to achieve the desiredlrequired sidewalk, then right-of-way dedication, landscape relocation, and redesign or relation of pavement will be required. Trans ortation Element Polic D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment.- Partiicular emphasis is to be placed on development within the TCEA Area. The development proposal does accommodate a bicycle parking facility with two bike rack facilities within the proposed parking garage. Staff has required that one bike rack proposed at the far north side of the garage be re-located outside near the. boat docks to be mare accessible to residents of the property. Subject to this condition being addressed, the development will comply with Transportation Element Policy D-2.2. Omen Space and_ Recreation Element Policy„A-3.'i: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part . of the design to accommodate .households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. This project is infill redevelopment of a yacht club and residential condominiums, and is located just south of the CBD and wiH consist of 20 units. The nearby access to the Intracoastal 4 ~- Planning and Zoning Board rff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive Waterway and beach provide convenient off-site recreation areas. Staff supports waiving this requirement. Housing Element,,Obiective B-2: Redevelopment and the development of new land shall result- in the .provision of a variety of housing types which shat! con#inue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. The redevelopment of the yacht club will result in 20 new 3 bedroom/3 bath residential condominium units ranging from 2,684 to 3,610 square feet. Conditional_Use Required Findings Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter Three, the City Commission must make findings that establishing the conditional use will not: (a} Have a significantly detrimental effect upon the stability of the neighborhood within which it wil) be located; {b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning Use North iVledium Density Residential {RM) Condominiums South Medium Density Residential {RM} Condominiums East Medium Density Residential {RM) Multi-Family Dwellings West Community Facilities {CF) Intracoastal Waterway Concerning the first #inding the applicant has stated that:"The use will not have a significantly detrimental effect upon the stability of fhe neighborhood. The docks fhemselves were recently renovated. This projecf will only increase the stabilify by providing a low density, low; rise resdenfia! structure. The lush landscaping will screen this .properly from its neighbors and extensive open space will be visually appealing to everyone: The Caribbean-sfyle building fagade will include interesfing architecfural defails which will complement surrounding properties." In regard to the second standard, the applicant states that: `As fhis is one of the fast properties along the lntracoastaf Waterway available for redevelopment, this projecf is-not able to hinder further redevelopment." Condominium uses along the Intracoastal Waterway are already located along the west side of MacFarlane Drive to the north and south of the subject property. The east side of MacFarlane Drive is part of the John Reid's Village Subdivision. Thus, the proposed use should have a positive effect on neighborhood stability and redevelopment of existing structures. GOMPttANCF WITH LAND DE11EL`OPMENT REGULATIt7NS` J In conjunction with the conditional use requests, a Class V Site Plan was submitted and has been reviewed by staff for compliance. Based upon staff's review of the site plan, the following analysis is provided: 5 Planning and Zoning Boar . ;tall Report, .3anuary 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 11 D MacFarlane Drive Buildinq_Setbacks: The development proposal will comply with the required side and rear building setbacks. The front setback along MacFarlane Drive is proposed to be 30 feet (25 feet + 5 feet for right-of- way) but will have the front outside parking area and landscaping encroaching into the right-of- way. This issue is to be resolved by the Development Services Management Group {DSMG} pending receipt of an updated survey from the developer. ParlcinA Pursuant to LDR Section 4.6.9(B}, off-street parking shall be provided for any new category of use established. Pursuant to LDR Section 4.6.9, (C)(2)[c) two or more bedroom multiple family structures will provide 2,0 parking spaces per unit and 0:50 guest parking spaces per unit. Yacht Clubs pursuant to Section 4.6.9 (C){6)(r) will provide one parking space per 1,000 square feet of floor area and outdoor seatingLea#ing area plus 0.5 spaces. for each boat slip. The site plan indicates they w.ilf provide 85 parking ,spaces which is nine more than ,the minimum of 76 spaces. Parking is provided for condominium residents & guests, the yacht club, artd the boat slips_ Therefore, positive fndings can be made with respect to LDR Section 4.6.9 {E)(4-5) subject to conditions. Lighting: A photometric plan has been submitted for the parking lot and entrance areas of the. project. The photometric plan will need to be revised to comply with the minimum standards required by the City of Delray Beach. Stacking Distance: Pursuant to.LDR Section 4.6.9(D){3){c){1), the minimum distance between aright-of-way and the frst parking space or aisle way in a parking lot that has 21-50 parking spaces shall be 20'. The two {2} parking spaces to the immediate le#t of the main entrance have.an issue with the required stacking., distance. Per Land Development I~eg~rlation, Section X1.6.9{D)(3) (c) the minimum distance between aright-o#-way and the first parking space or aisle-ways in a parking lot shall be 20 .feet- based on the 50 space parking area within .the parking garage. Only 5 feet of stacking distance is provided for these two spaces.. Based on the fact that.a 15 foot waiver would be required staff recommends the >~rrvo spaces be eliminated or relocated. Building.Height: L.DR SECTION ~#.3,4(J), LDR SECTION 4.5.18(B)(14)(i)(3), allows the sloped parapets up to 6' in height as a decorative feature on top of a flat roof without altering the way height is measured. The overall height of the roof is limited to a maximum height of 35 feet with an allowance of fi feet additional (72 inches) for the sloped parapets. (1) The top of the sloped parapets exceed the maximum height of 41 feet in several locations. (2) The cupola towers are a height of 51 feet at the peak and are not considered allowable appurtenances per. the definitions in Appendix A". (3} The roof deck is also over the maximum allowable height of 35 feet in several locations below the building's decorative towers. 6 Planning and Zoning Board aff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive Performance Standards: The applicant's statement in the site plan application indicates substantial compliance with performance standards conditions (a), (c) & {d) of Section 4.4.6 (I} of the City of Delray Beach Land Development Regulations. This should be more than suft=tcient compliance with the performance standards given the proposed density of 6.07 units per acre which is very near the base density of 6 units per acre in the RM Zoning District. ~- REVI>^W BY OTHPRS Site Plan Review and A earance Board: If the Conditional Use request is approved by City Commission, the site plan application wilt be processed for the development proposal, and an agenda date will be scheduled far final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and- interested parties, which have requested notice of developments in their areas: - Neighborhood Advisory Council - President's Council - Via Marina - Barr Harbor - Seagate Towers Condo - Beach Property Owners Association - Progressive Residents of Delray Beach (PROD) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. The City has received several phone and in-person counter inquiries regarding the archikectural design of the building but has received no speci#ic letters of objection or support. One fetter from Seagate Towers dated January 18, 2006 was received and is included with thrs report as an attachment. ASSBSSiIA,Eh1T AND CONCLUSION." The proposed conditional use is to allow for a yacht club in the Medium Density Residential District. The addition of 20 residential condominium units will remain near the base density of 6 units per acre for #his development at 6.07 UPA. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties regarding the requested increases in building height. ALTFRNATIV.E ACTIONS. A. Continue with direction. 7 Planning and Zoning Boas Staff Report, January 23, 2x06 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive B. Move a recommendation of approval to the City Commission for the conditional use request to allow for a Yacht Club far the Yacht Club at Defray Beach, by adopting the findings of #act and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{E){5}, 4.3.4, and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial to the City Commission -for the conditional use request to allow for a Yacht Club for the Yacht Cfub at Delray Beach, by adop#ing the findings of fact and law contained in the staff r~part, and finding that the request is inconsistent with the Comprehensive Plan and does"not meet criteria set forth in Sections 2.4.5(E}{5}, 4.3.4, and Chapter 3 of the Land Development Regulations. ~REC0l11~IV1ENpED ACTIQN Move a recommendation of approval to the City Commission for the conditional use request for a yacht club far The Yacht Club At Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E){5), 4.3.4 and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Provide Traffic Statement or Study which Planning & Zoning will forward to Palm Beach County Traffic Engineering for review. 2. Resolution of the 5 foot right-of-way encroachment issue of Twenty two {22) parking spaces along MacFarlane Drive by the Development Services Management Group to provide sidewalks or the required five foot right-of-way dedication. 3. Per Comprehensive Plan Policy D-2.2 bike racks need to be provided for parking. Relocate the bike rack shown at the far south corner of the parking garage to a more accessible Iocation_ Locate one of the set of bike racks outside to the rear of the property nearer the boat docks. 4. That a written finding of concurrency approval from the School District of Palm Beach County is provided. 5. That the proposed development be revised #o comply with t_DR Section 4.3.4 (K), Development Standards Matrix, Height in the RM Zoning District and LDR SECTION 4.3.4[J), LDR SECTION 4.G.18(B)(14)(i){3), 5foped parapets. Attachments: • Conceptual Plans • Location Map • Seagate Towers Letter Staff Report prepared by: James G. Cain, AICP Senior Planner S S.E- SST ST_ i- m S-E. 2Nd ST. 4Ti~ Q BAR a ~ ~ HARBOUR a CONDO ° ~ MIRAMAR f~ Q v ~ ~ AM SEAGATE TOWERS Q 1~ (/7 Q U Q ~- r-rRe sra_ GROVE !uo- 2 CONDO DOVER HOUSE CONDO OCEAN PLACE CONDO ~ Q CQCONUY ROW JARDlN DEL MAR CONDO OCEAN TERR_ ~ d 0 s T- WINDEMERE !-!OUSE CONDO Q STREET ~ Lt1 LANlKA! ~ VILLAS CONDO N -~- an eF ^EU~Ar eEAae, ~ PLANNING & ZONWG UEPARi?AENT --- O!ClTAL H.45'E MAP SYSTEM -- DELRAY BEACH YACHT CLUB MAP REF: 1,IJ903 VETERANS DELRAY PARK SUMMIT ATLANITC ~ CONDO PLAZA BARR TERRACE CONDO A T L A N f i C WATERWAY EAST COMMERCIAL CONDO a SPANISH DELRAY BEACH a R! VER ~ MARRlOTT "' RESORT AVEN:U E ' . o v..~,a $I] I~ .I.H~I ~uoa Nv RI47d 'HaV3fl XVfl'13U °'~-•`~ fus) • mw-•~z fwcl ~a .I.tc wNw +a=.e ~wa'w .eo +~wls asz 1tIfI 3NV7NV,~aVj9 OT1 S.LNYl'1FlSNW'iYSna11N0l11nN8 • SH38N1~1fa e ~ . 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The above named conditional use extension request has come before the City Commission on March 3, 2008. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Yacht Club at Delray Beach. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and {F){3}. 4. Section 2.4.4{F){1 } requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. In making a determination under LDR Section 2.4.4(F){3} the Commission shall consider the following: {a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; {b} Additional submittal information including a new application and copies of previously submittal material may be required; {c}The granting body must make findings pursuant to 2.4.4{B); {d}The granting body may impose additional conditions of approval pursuant to 2.4.4(C} to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4{F){3) been met? Yes No fi. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. $. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves denies the conditional use extension request to allow the previous conditional use approval, subject to the original conditions of approval, to be valid until April 26, 2010. The City Commission hereby adopts this Order this 3~ day of March, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Trade Lutchmansingh, Assistant City Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 GUARANTEED MAXIMUM PRICE (GMP)/MILLER PARK IMPROVEMENT PRO,TECT/THE WEITZ COMPANY ITEM BEFORE COMMISSION This agenda item is a presentation to Commission of the final Guaranteed Maximum Price (GMP) for construction activities associated with the Miller Park Improvement project (no. 2006-052). Detailed costs are itemized in the GMP proposal submitted by The Weitz Company(copy attached). BACKGROUND Subsequent to development of the Parks Bond Program, the City recognized the need to refurbish and improve the baseball complex at Miller Park. Moving soccer to the Seacrest Soccer Complex created the opportunity to significantly improve our baseball facilities. After doing preliminary design work, Kimley-Horn and Associates was issued the authorization to prepare construction documents for the improvements approved for Mi1lerPark. Improvements include three new buildings; one at the Miracle League field (concession stand with rest rooms and storage facility), another at the Little League field (two story baseball press box with concession stand, rest rooms and storage facility) and a new storage building. Other improvements include three 225-foot little league fields, one 300-foot major league field, a skinned infield, six batting cages, a new pavilion, landscaping and sports lighting. The Weitz Company was approved on July 24~' 2008 by City Commission to provide preconstruction and construction services pursuant to the guaranteed contract price. The proposed GMP cost is $7,549,362 and the project budget is $5,700,000. The Weitz Company has provided a value engineering analysis that recommends some scope items that can be eliminated or deferred. These recommendations reduces the GMP proposal to $6,970,910. Parks & Recreation and Environmental Services staff have also reviewed the scope and have identified items that may be eliminated or deferred to reduce the project cost. One cost reducing proposal by staff suggests modifying the construction delivery method for the project. Staff believes that given the current economic conditions in the construction industry, construction cost savings can be achieved by using a traditional design bid /build scenario rather than the Construction Manager at Risk delivery method currently proposed. FUNDING SOURCE Funding is available from General Fund Capital Account # 334-4173-572-63.90 in the amount of $5,622,750.00 RECOMMENDATION Staff recommends that Commission reject the GMP as submitted by the Weitz Company and direct staff to advertise for competitive bids for construction of Miller Park Improvements. Delray Miller Baseball Complex ioo%CD GMP CDB #2006-052; KHA #044300009; TWC #Fio698o2 February i, 2008 ~ ~~' _ ~i. a ~ ~~ C -` _a • - Yn r ST Y ` - 1. F.F ~ 1 i 7' ~ _ ~ I ~ ~ .- i s ] ' .[• - ~'w t , , ., - r . ' . - ~ - 9 r~' - ~ „ _ i _ ~_ ~ ~ ~ ' + h y - ~ y - - I ~ ~' ;~ ~ - .•4' _.'~ y ti :; - - - .- .. - ~- - ~ - ~ _~ .r = _ _ ~ ~ - - - ~f Y - ! ; ~ ~ ~~ ~ ~ ~ 5 y 7 .~- . f ate[ ' r'• ~ ,~,Z i:~} i ~ ~ ~y ,'r ~/ yy ,~: ~y~: ~•y ii - ~ L~ . _.r71 ter. 11~,~~ • - _ wa ..r ~ ~ a~ `1 ~r ._ ~k•~ ".~ Contents Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: SECTION 8: Estimate Summary Bid Tickets Allowances Value Analysis Clarifications Buylist Preconstruction Schedule Logistics Phasing Plan Contract Documents Cash Flow 2008_02_Ol_Contents_DMBC Page 1 of 1 Contents Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 SECTION 1: 2008_02_Ol_Tab DMBC (1) Page 1 of 1 R w~ W N W w ° N ~ N ~ ~ ~ N E Q ~ ~ ~ ~ ~ ~ ~ Q ~ 0 o O Q O J o o ~ O d U U ~ i i L ~ ~ ~ ~ U ° > n O n O ~ J m ~ ~ ~ o> C _ C _ C °Y U a i J U U ~_ N 2 0 a W ~ ~ °~ .' 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T > a m _ 3 m ~ ~ U y ~ m ~ ~ U ~ m ~6 E N ~ N s i U m N _o> (n o U C E _ - O ~ E ° m cn ~ ~ m o . ~ m a R C O N ~ ~ ~ i, ~ ~ O C C ~ fn O) ~ R O) -O N N ~ J ~ =o ¢ ~ ~ 0 ~ U ~ > ° ~ E =o E ~ ~ o U ~~ - °~ ~ m ° ~ m O 0 0 a ~ 0 a _E s O U o> o .E o U m ~ m '~ ~ N LL -O ° '' v ~ m v ~ o ~ U v ~ i N ~ .~ N `• ~ ~p O °~ ~? ~ N .> N U M ~ m N ~ U N U ~ (n f ~6 O) (n N ~ _~ Q N U C C N ~ ~ C O) o ~ ° r O) E . o .E W ~ °> .° ~ ~ ~ ~ t6 3 °~ ~' U ~ ~~ r ~ ~ U > U v j ~' d -° E o ~ ~ E ~ n f i °~ O o ? .~_ °? o ~ > -O ~ a° °? -o > o ~ ~ o o ~ o , ._' - ~ ~ °~ ¢ ~ O ii O N N O N O N t6 t6 O i . o N Q t6 N U- "' ~ - i' U U C7 o U ~ cn ¢ ¢ cn d cn a m a k a w (n (n d (n J W cn cn O ~ m ~ ~ v o~ o N ~ J > ~ ~ N ~] ~ O O U ~ 'J o R , m °' E m ` ° `° r ¢ U ¢ N U M ¢ I ¢ In ¢ b w n ¢ Ol Y Ol ¢ O (7 O Q Q M U M Q N Q tD Q Q N U N o N w N (7 N Y N ¢ M x E U °~ ~ -o o ' U - m in 0 0 0 0 0 0 0 0 0 0 ~ ~ N N M M M M M M M M x N O R - 'U C O x R U y ~ O ~ O ~_ a a C7 ~ m a H W U U 00 ~ Z J r N M 7 l1') (D f~ O m O r N M 7 l1') tD I~ N O r O N N N N M N 7 N l1') N tD N I~ N ~ O> O W N ~~ ~ LfJ t- I~ N N ~~ ~~ ~~ ~~ ~~ c+J ~~ c+J W ~~ O> c+J O ~Y rn x y o 0 a M O Q U l6 Q ~ _ ~ Y ~ N O m d O O ~ ~ N O T ~ D o ~ ~ m ~ ° U ~ U m ~I a OI E U w o~ N O O O N Delray Miller Baseball Complex February 1, 2008 Construction Management (Page 1 of 2) 01 A Specifications /Notes 01010 Summary of Work Ticket Total 1 01020 Allowance 01041 Project Coordination 01045 Cutting & Patching 01050 Field Engineering 01090 Reference Standards 01152 Application of Payment 01153 Change Order Procedures 01200 Project Meetings $533 613 01310 Construction Schedules , 01340 Shop Drawings, Product Data & Samples 01370 Schedule of Values 01380 Construction Photographs 01410 Testing Laboratory Services 01500 Construction Facilities & Temporary Controls 01524 Construction Waste Management 01530 Barriers 01570 Traffic Control 01600 Material & Equipment 01630 Substitutions & Product Options 01672 Testing Piping Systems Subcontractor Used 01700 Contract Closeout W it 01720 Project Record Documents z e Weitz Sub/Supplier Estimate (Budget) Addenda 0 SBE Status NA Experience Modification Rate 0.67 Base Quote 30 Days Description Quantity UOM U $ Cost Construction Mana er 2 week 6,800 14,620 Senior Project Mana er 6 week 4,800 28,800 Project Mana er I 47 week 3,200 150,400 Project Su erintendent I 47 week 3,200 150,400 Project En ineer II 12 week 2,800 33,600 Preconstruction Turnover 1 week 4,000 4,000 Pro'ectCoordinator 15 week 1,800 27,090 Project Accountant I & II 15 week 1,800 27,090 Admin. Travel 11 week 235 2,526 Monthl Pro ress Photos 10 mnth 138 1,380 Trailer Rental - 12'x60' 10 mnth 555 5,550 Trailer Furniture 1 Isum 4,980 4,980 Trans ort & Set U Trailer Jobsite Mobilization 1 each 2,500 2,500 Tear Down & Haul Trailer Jobsite Demobilization 1 each 1,050 1,050 Office Su lies, Co ies, Posta e, etc. 10 mnth 1,490 14,900 Job Tele hone Service 10 mnth 1,098 10,983 Trailer Maint. & Cleanin 10 mnth 580 5,802 Trailer Alarm S stem 10 mnth 252 2,523 Pick-U Su t Total Time 11 mnth 850 9,226 Utilit Trailer 10 mnth 230 2,300 Co ier fax/co /scan 10 mnth 750 7,500 Com uter Project Staff Total Time 10 mnth 225 2,250 Pick-U Fuel 11 mnth 799 8,670 DSL / Tem Phone Service 10 mnth 595 5,950 EPCS Project Staff Total Time 10 mnth 105 1,050 Cell Phones Field Personnel 25 mnth 200 4,942 Project Record Documents 1 Isum 3,532 3,532 Sales Tax @ 6.5 % Included Bond / Subguard @ 1.5 % Included ota s Alternates REMARKS: WEITZ RECOMMENDATION: OWNER APPROVAL: 2008_02_01_Bid Mstr_DMBC page 1 of 26 Delray Miller Baseball Complex February 1.2008 General Conditions (Page 2 of 2) 01 C Specifications /Notes -/ T-i/cket Total 2 478 ~ SEE Ticket #01A a I I , Subcontractor Used W it z e Weitz Sub/Supplier estimate (Budget) Addenda 0 SBE Status NA Experience Modification Rate 0.67 Base Quote 30 Days Description Quantity UOM U $ Cost Job Power Costs 10 mnth 1,514 15,135 Job Water Costs 10 mnth 404 4,036 Tem Electric Service HookU 1 Isum 15,000 15,000 Tem Water Connection HookU 1 Isum 4,300 4,300 Chemical Toilet Rental 1 Isum 9,835 9,835 Toilet - Holdin Tank 10 mnth 318 3,178 Jobsite Si na e-Tem orar Pro'ect ID; Directional; Misc. 1 Isum 2,975 2,975 Drinkin Water & Ice 47 week 55 2,585 Printin 10 mnth 1,500 15,000 Dum sters 47 loads 395 18,684 Warehousin In/Out 100 hours 55 5,500 Small Tools /Generator 1 Isum 3,500 3,500 MIS 1 $MM 3 13,750 Sales Tax @ 6.5 % Included Bond / Subguard @ 1.5 % Included ota s Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 2 of 26 Delray Miller Baseball Complex February 1, 2008 Demolition /Abatement 02A Specifications /Notes 02080 Demolition No S ec Provided Ticket Total 3 69 031 $ Subcontractor Used BG G roup American H&J Contr CSR Miami Wrkg BG Group Thunder Demo SUb/SU IIeY R. Rikard J. Rodgers M. Hoffman K. Chaiken T. Schwab Rony Herrera (561)242-9770 561-791-1953 (954)421-1264 954-492-2727 561-441-6289 (305)899-2240 Addenda 0 0 0 0 0 0 SBE Status N/A N/A N/A N/A N/A N/A Ex erience Modification Rate 0.94 1.39 0.87 TBD 1.00 TBD Price Good Thru 6 Mos. 30 Da s 30 Da s 30 Da s 30 Da s 30 Da s Base Quote $ - $ - $ - $ - $ - $ - Descri lion UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Yes Yes Yes Yes Permits Isum B Owner B Owner B Owner B Owner B Owner B Owner Utilit Disconnects Isum B Owner B Owner B Owner B Owner B Owner B Owner Asbestos Surve Isum B Owner B Owner B Owner B Owner B Owner B Owner Contaminated/Unsuitable Soils Abatement/Removal Isum B Owner B Owner B Owner B Owner B Owner B Owner Asbestos/Hazardous Materials Abatement/Removal Isum B Owner B Owner B Owner B Owner B Owner B Owner Landsite Trash / Garba e Removal Isum B Owner B Owner B Owner B Owner B Owner B Owner Bird Removal /Relocation Parrots Isum B Owner B Owner B Owner B Owner B Owner B Owner Safet Mana ement Isum Included Included Included Included Included Included Demo Sawcut Existin As halt & Concrete Isum 95,095 149,800 99,415 130,602 47,600 45,000 Remove Existin Utilit Pi in If Included Included Included Included Included 5,500 Remove Existin Manhole each Included Included Included Included Included Included Remove Existin As halt Zi in s Included Included Included Included Included Included Stock ile Baserock Isum Included Included Included Included Included Included Remove Existin Curbin Stock ile If Included 4,390 Included Included Included Included Remove Existin Fencin Stock ile If Included 12,661 Included Included Included Included Remove Existin Guardrail If Included 3,650 Included Included Included Included Pum -Out/Remove 55GaI Sanitar Isum 2;000 Included 2,D00 2,000 2;000 2;000'. Remove Existin Du outs/Bat Ca es Isum Included 11,219 Included Included Included Included Remove Existin Buildin Structures Isum 18,411 18,411 18,411 18,411 18',411 18,411 Remove Existin Sorts Li htin Isum See #26A See #26A See #26A See #26A See #26A See #26A Sales Tax @ Included Included Included Included Included Included Bond /Sub uard @ $ 1,733 $ 3,002 $ 1,797 $ 2,265 $ 1,020 $ 1,064 Totals $ 117,239 $ 203,133 $ 121,623 $ 153,278 $ 69,031 $ 71,975 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 3 of 26 Delray Miller Baseball Complex February 1, 2008 Concrete Precast Architectural 03C Specifications /Notes 03450 Precast Architectural Concrete No S ec Provided Ticket Total 4 6 941 04200 Masonr No S ec Provided $ Subcontractor Used P & St avers one Pavers & Stone JJR Construction East Coast Jackson SUb/SU IieY Kraig Shhok Rick Garrison J. Cloutier E. Jackson (561) 799-6025 (561) 995-0300 (561) 842-0888 (305) 949700 Addenda 0 0 0 0 SBE Status No No No Yes Ex erience Modification Rate TBD TBD 1.30 0.93 Price Good Thru 30 Da s 30 Da s N/A N/A Base Quote $ - No Bid No Bid No Bid Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Permit 1 Isum B Owner Safet Mana ement 1 Isum Included E ui ment/Tools 1 Isum Included Precast Ca s Dum ster 50 If 65 Planters 160 If 2,533 Du out Benches 4x7' er bench x 10 benches 280 If 4,240 Sales Tax @ 6.5 % Included Bond /Sub uard @ 1.5 % $ 103 Totals 6 941 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 4 of 26 Delray Miller Baseball Complex February 1, 2008 Masonr 04A Specifications /Notes Ticket Total 5 03450 Precast Architectural Concrete No S ec Provided 6 00 04200 Masonr No S ec Provided $ 5 Subcontractor Used JJR C ti t ons ruc on Ron Kendall JJR Construction East Coast Jackson SUb/SU IieY Matt Martinello Rick Garrison J. Cloutier E. Jackson (561) 488-2857 (561) 995-0300 (561) 842-0888 (305) 949700 Addenda 0 0 0 0 SBE Status No No No Yes Ex erience Modification Rate 1.13 TBD 1.30 0.93 Price Good Thru 30 Da s 30 Da s N/A N/A Base Quote $ 49,950 $ - No Bid No Bid Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Permit 1 Isum B Owner B Owner Safet Mana ement 1 Isum Included Included E ui ment/Tools 1 Isum Included Included CMU Block Pitchin Wall 288 sf Included 1,576 Dum ster 288 sf Included 1,488 Du out Bench Su 5 er bench x 10 benches 1 Isum Included 2.400 Rebar /Grout 1 Isum Included 940 Sales Tax @ 6.5 % Included Included Bond /Sub uard 1.5 % 749 96 Totals 50 699 6 500 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 5 of 26 Delray Miller Baseball Complex February 1, 2008 Structural Steel /Misc. Metals 05A Specifications /Notes 05120 Structural Steel -/ Ticket Total 6 2 339 05400 Cold-Formed Metal Framin ,~ 1 , 05500 Metal Fabrications Subcontractor Used 05915 Standards for Aluminum Work i l C ommerc a George's Welding Commercial Skyline Steel SUb/SU IIeY Greg Harris Steve Ryan David Davis (305) 822-2445 (813) 478-0150 (954) 968-1912 Addenda 0 0 0 SBE Status N/A No N/A Ex erience Modification Rate 1.21 .91 1.03 Price Good Thru 30 Da s 30 Da s 30 Da s Base Quote $ 10,710 $ - $ 47,580 Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes WRONG Permit 1 Isum B Owner B Owner SCOPE Safet Mana ement 1 Isum Included Included E ui ment/Tools 1 Isum Included Included Sho Dw s/En r 1 Isum 500 501'' Lead Time 1 Isum 4 Weeks 4 Weeks Dum ster Metal Gate 1 Isum Included 10,144 Guard Posts Bollard 4 each 190 465 Concrete Fill Bollards 2 c 305 305 Lockin Hardware 1 Isum B Owner B Owner Du outs Du out Roof Beams 1 Isum See #07E See #07E Modular Buildin 2-Sto Elevator Su ort Steel & Misc 1 Isum See #13C See #13C Stairwa Railin 1 Isum See #13C See #13C Sales Tax @ 6.5 % $ 761 $ 742 Bond /Sub uard @ 1.5 % $ 187 $ 182 Totals 12 653 12 339 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 6 of 26 Delray Miller Baseball Complex February 1, 2008 Rou h Car entr 06A Specifications /Notes Ticket Total 06100 Rou h Car entr 43 06400 Architectural Woodwork Y' V a~ ~V Subcontractor Used W i tz e Weitz SUb/Su 110Y Estimate (Budget) Addenda 0 MWBE Status N/A Ex erience Modification Rate 0.67 Price Good Thru 30 Days Base Quote $ - Descri lion Quantit UOM U $ Cost Safet OSHA Accident Prevention Safet Barricades 4000 If 1 5,000 MOT incl/ fla man 250 mh 17 4,350 Man ower General Labor 20 week 464 9,280 Offloadin /Handlin 200 mh 15 2,900 Weitz CleanU 440 mh 15 6,380 La out / Surve Incl'd e ui 1 Isum 4,000 4,000 Bleachers Relocate Existin Aluminum ONLY 1 Isum Included E ui ment LUII w/ O erator Misc 40 mh 165 6,600 Power Swee er w/ O erator 60 mh 85 5,100 Sales Tax @ 6.5% Included Bond /Sub uard @ 1.5 % Included Totals $ 43,610 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 7 of 26 Delray Miller Baseball Complex February 1, 2008 Roofing 07E Specifications /Notes 07175 Water Repellents Ticket Total 94 44 9 072001nsulation $ , 07600 Flashing & Sheet Metal Subcontractor Used 07610 Sheet Metal Roofing th S C t 07900 Joint Sealers eYn OU Oas SouthernCoast P&A RSI Contracting ANC Roofing Pace Roofing SUb/SU IIeY P. LaCoursiere Rich Milanese Mac McDonald Kevin West Richard Moore (954)426-3312 (954)970911 (954)782-5370 407-654-4500 (561)642-8840 Addenda 0 0 0 0 0 SBE Status No No No No No Experience Modification Rate TBD 0.78 1.00 TBD TBD Price Good Thru 30 Days 30 Days 30 Days 30 Days 30 Days Base Quote $ - $ - $ - $ - $ - Description Quantity UOM U $ WRONG WRONG WRONG WRONG General SCOPE SCOPE SCOPE SCOPE Per Plans & Specifications Yes or No Yes Permit By Owner Wind Rating - NOA TBD Warranty 20 Years Mfr. Aeicor Finish Kynar Dugout 115' Rad -Miracle; (11x36) 2 ea 16 12,372 225' Rad -Major League; (8x32) 6 ea 22 34,290 300' Rad -Major League; (10x36) 2 ea 15 11,430 300' Rad - Fenway; (10x36) 2 ea 15 11,430 Ice & Water Shield Membrane 2,556 Isum Included Safety Straps 1 Isum 805 805 Roof Sheathin 2,736 sf 3 7,934 Roof Framin 2,736 sf 3 7,524 Roof Blockin 1 Isum 690 690 Du out Roof Beams 20 each 247 4,940 Fascia 780 If 2 1,638 Insulation 1 Isum N/A Gutters & Downspouts 1 Isum N/A Modular Buildings (3) 1 Isum See #13C Sales Tax @ 6.5 % Included Bond / Subguard @ 1.5 % $ 1,396 Totals $ 94,449 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 8 of 26 Delray Miller Baseball Complex February 1, 2008 Stucco 09A Specifications /Notes Ti cket Total 9 09200 Lath & Plaster c 6 305 $ , Subcontractor Used W it z e Weitz SUb/Su IIeY Estimate (Budget) Addenda 0 MWBE Status N/A Ex erience Modification Rate 0.67 Price Good Thru 30 Days Base Quote $ - Descri lion Quantit UOM U $ Cost General Per Plans & S ecifications Yes or No Yes Permit 1 Isum B Owner Safet Mana ement 1 Isum Included E ui ment/Tools 1 Isum Included Stucco Dumpster Enclosure 64 sy 40 2,560 Pitching Wall (Seal Coat) 540 sf 3 1,485 Planters 44 sy 40 1,760 Punch Out /Touch Up 1 Isum 500 500 Sales Tax @ 6.5 % Included Bond /Sub uard @ 1.5 % Included Totals $ 6,305 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 9 of 26 Delray Miller Baseball Complex February 1, 2008 Paintin 09K Specifications /Notes Ticket Total ~ 0 09900 Paintin d+A ~oo ' Subcontractor Used W it z e Weitz SUb/Su IIeY Estimate (Budget) Addenda 0 MWBE Status N/A Ex erience Modification Rate 0.67 Price Good Thru 30 Da s Base Quote Descri lion Quantit UOM U $ Cost General Per Plans & S ecifications Yes or No Yes Permit 1 Isum B Owner Safet Mana ement 1 Isum Included E ui ment/Tools 1 Isum Included Paint Dumpster Enclosure 576 sf 2 1,238 Dumpster Gate 1 Isum 1,185 1,185 Guard Posts 4 each 65 260 Pitching Wall (Seal Coat) 540 sf 2 1,215 Planters 4 ea 75 300 Punch Out /Touch Up 1 Isum 502 502 Sales Tax @ 6.5 % Included Bond /Sub uard @ 1.5 % Included Totals $ 4,700 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 10 of 26 Delray Miller Baseball Complex February 1, 2008 Site Furnishin s 10A Specifications /Notes 02800 Site Furnishin s No S ec Provided Ticket Total 11 34 427 10350 Fla ole No S ec Provided $ ~ 11480 Athletic, Recreational, Thera eutic E ui ment No S ec Provided Subcontractor Used W it z e Weitz CSR PoleTech Flag Poles Etc GSA GameTime Sub/Su lier Estimate M. Hoffman R. Barbarite DM C. Kenyon G. Wilson (Budget) (954)421-1264 800-633-6733 248-634-7183 (800)432-0162 Addenda 0 0 0 0 0 0 MWBE Status NA N/A N/A N/A N/A N/A Ex erience Modification Rate 0.67 0.87 TBD TBD TBD TBD Price Good Thru 30 Da s 30 Da s 90 Da s 30 Da s 30 Da s 30 Da s Base Quote $ - $ - $ - $ - $ - $ - Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Permit 1 Isum B Owner Safet Mana ement 1 Isum Included E ui ment/Tools 1 Isum Included Site Furnishin s 19,010 Flagpole (40' x 8") 1 each 2,811 Included 2.990 2,811 3.000 Flag - US (8x12 Polyester) 1 each 189 Included 189 189 189 Trash Receptacles /Site Benches (Furnish) 6 each 11,852 Included 11.852 11.852. 11,852 Bleachers Relocate Existin Aluminum ONLY 1 Isum See #06A Pla round 19,010 Playground Relocation (ALLOWANCE) 1 Isum 12,375 12,375 Playground Safety Surface (ALLOWANCE) 2,475 sf 4,621 4,621 Sales Tax @ 6.5 % $ 2,070 Bond /Sub uard @ 1.5 % $ 509 Totals $ 34,427 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_BidMstr_DMBC page 11 of 26 Delray Miller Baseball Complex February 1, 2008 Protective Covers (Bleachers) 10G Specifications /Notes 10530 Protective Covers (No Spec Provided) Ticket Total ~ 2 ,59 389 , Subcontractor Used A i t r s a Arista Industrial Hoover Sub/Supplier J. Saunders Norm Feld T. Whipps (954)776-3323 (954)755-0661 (561)844-4444 Addenda 0 0 0 SBE Status N/A N/A N/A Experience Modification Rate TBD TBD TBD Price Good Thru 30 Da s 30 Days 30 Days Base Quote $ - $ - $ - Description Quantity UOM U $ General Per Plans & Specifications Yes or No N/A N/A Engrg Shop Dwgs 140 750 Excluded Permit By Owner By Owner By Owner Size 12x16 9x21 15x21 Lead Time 6 Weeks 6 Weeks 6 Weeks Shade Top Mat'I Vinyl/Canvas Polyethylene Textilene Mesh Bleacher Covers (Little League) Shade Top w/ Brass Grommets (ALLOWANCE) 8 each 20,000 54,640 48,480 Galv Steel Structure 8 each Included Included Included Galv Steel Connections 8 each Included Included Included Installation 8 each Included Included Included Footers 8 each Included Included Included Bleacher Covers (Miracle) Shade Top w/ Brass Grommets (ALLOWANCE) 2 each 5,000 13,660 12,120 Galv Steel Structure 2 each Included Included Included Galv Steel Connections 2 each Included Included Included Installation 2 each Included Included Included Footers 2 each Included Included Included Bleacher Covers (Fenway) Shade Top w/ Brass Grommets (ALLOWANCE) 2 each 2J,&QO 2J,&QO'' 29,800 Galv Steel Structure 2 each Included Included Included Galv Steel Connections 2 each Included Included Included Installation 2 each Included Included Included Footers 2 each Included Included Included Sales Tax @ 6.5 % $ 3,571 $ 6,425 Included Bond / Subguard @ 1.5 % 878 1,579 Included Totals 59 389 106 854 90 400 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 12 of 26 Delray Miller Baseball Complex February 1, 2008 Batting Cages 11 A Specifications /Notes 02830 Chain Link Fencing Ticket Total ~ 3 130 325 11480 Athletic, Recreational, Therapeutic Equipment (No Spec Provided) $ ~ Subcontractor Used C&H B ll b ase a Anything Tropic Lawrence Commercial C&H Baseball SUb/SU IIeY Jerry Mike Monte Ed Jones Steve Ryan T. Spears (561)274-4300 (954)978-1250 (561)747-4228 (813)478-0150 (941)727-1533 Addenda 0 0 0 0 0 SBE Status SBE FL-SBE SBE No No Ex erience Modification Rate 1.19 0.96 1.03 .91 TBD Price Good Thru 15 Da s 30 Da s 30 Da s 30 Da s 30 Da s Base Quote $ - $ - $ - $ - Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Yes Yes Yes Permit 1 Isum B Owner B Owner B Owner B Owner B Owner FOB Jobsite 1 Isum 2.500 2,500 2,500 2,500'' 2,500 Sho Drawin s 1 Isum Included Included Included Included Included Safet Mana ement 1 Isum Included Included Included Included Included E ui ment/Tools 1 Isum Included Included Included Included Included Lead Time 4 Weeks 4 Weeks 4 Weeks 4 Weeks 4 Weeks Battin Ca es 1 Isum 78,000 78,404 96,204 75,593 Included Mobilization/Installation 1 Isum Included Included Included Included 9,603 Nettin 1 Isum Included Included Included 17,576 17,576 Cablin 1 Isum Included Included Included 12,000 12,000 Post/Framework 1 Isum Included Included Included Included 25,292 Artificial Turf /Mats 1 Isum 53,591 53,591 53.591 53,591 53,591 Conc Footers 1 Isum Included Included Included Included Included 4" Conc Slab 1 Isum See #32A See #32A See #32A See #32A See #32A Sales Tax @ 6.5 % 8,716 8,742 9,899 10,482 7,837 Bond /Sub uard @ Varies $ 2,285 $ 3,581 $ 4,055 $ 2,576 $ 1,926 Totals $ 145,092 $ 146,818 $ 166,249 $ 174,318 $ 130,325 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 13 of 26 Delray Miller Baseball Complex February 1, 2008 Pavilion (30x44) 13A Specifications /Notes 13120 Pre-En ineered Structures (No S ec Provided) Ticket Total 14 265 7 $ , Subcontractor Used C t t C on rac onn Contract Conn REP Svcs SUb/SU IieY J.Dzoba TriciaThomas (904)249-5353 (407)831-9658 Addenda 0 0 SBE Status No No Ex erience Modification Rate TBD .95 Price Good Thru 30 Da s 30 Da s Base Quote $ - $ - Descri tion Quantit UOM U $ General Per Plans & Specifications Yes or No Yes Yes Engrg/Shop Dwgs 1 Isum 1,267 867 Permit 1 Isum B Owner B Owner FOB Jobsite 1 Isum 2,732 2,438 Lead Time 1 Isum 12 Weeks 9 Weeks Scope Hip Roof Shelter (30x44) 1 Isum 21,304 40,730 Erection Equipment w/Operator 1 Isum 24',000 24,000 Installation (3-Man Crew) 1 Isum 4,147 Included Connectors 1 Isum 8,500 Included Offloading/Handling 1 Isum See #06A See #06A Slab (4") & Footers 1,320 sf See #32A See #32A Site Preparation 1 Isum See #31 A See #31 A Sales Tax @ (Mat'I ONLY) 6.5% $ 4,027 $ 4,422 Bond / Subguard @ 1.5% 4,288 4,710 Totals 70 265 77 167 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_BidMstr_DMBC page 14 of 26 Delray Miller Baseball Complex February 1, 2008 Modular Buildings (3) 13 C Specifications /Notes 02361 Termite Control Ticket Total e 1 cJ 03300 Cast-In-Place Concrete -/ 424 3UU 06100 Rou h Car entr ,~ /, , 06400 Architectural Woodwork 08120 Aluminum Doors & Frames 08520 Aluminum Windows 08710 Finish Hardware 08800 Glass & Glazin 09250 G sum Dr wall 09390 Cement Board 09510 Acoustical Ceilin 09653 Resilient Wall Base & Accessories 09654 Linoleum Floor Coverin s 09671 Resinous Floorin 10160 Toilet Partitions 10210 Aluminum Stationar Louvers 10400 Si na e No S ec Provided 10705 Decorative Aluminum Shutters 10730 Rollin Storm Shutter 10800 Toilet Accessories 10999 Misc. S ecialties Interior Si na e / Pla ues Subcontractor Used 11132 Pro'ection Screens 12491 Horizontal Louver Blinds R l C t 13020 Buildin Modules No S ec Provided oncre oya e 14240 H draulic Elevator Ro al Concrete Sub/Su lier Dean Locke (561)689-5395 Addenda 0 SBE Status N/A Ex erience Modification Rate 0.85 Price Good Thru 30 Da s Base Quote $ - Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes En ineerin 1 Isum Included Erection & E ui ment 1 Isum Included FOB Jobsite 1 Isum Included Buildin s Little Lea ue 2-Stor 1 Isum 794,675 Miracle Lea ue 1 Isum 172,271 Stora e 1 Isum 408,132 S ecific Sco e Foundations 1 Isum Included Si na e-InUExt 1 Isum Included Backfill for Foundations 1 Isum Included Fine Gradin 1 Isum Included Soil Treatment 1 Isum Included Unlit Connections 1 Isum See #33A Fire Extin uishers 1 Isum Included Toilet Fixtures & Accessories 1 Isum Included A liances/Kitchen E ui ment 1 Isum B Owner Sidewalks 1 Isum See #32A Grease Tra s 1 Isum See #31A Stairwa Bailin 1 Isum Included Membrane & Metal Roof 1 Isum Included Elevators stem 1 Isum Included Electrical Distribution S stem 1 Isum Included Electrical Li htin & Fixtures 1 Isum Included Phone/Data Distribution S stem 1 Isum Included Plumbin Fixtures 1 Isum Included Fire Alarm S stem 1 Isum Included ADA Water Cooler 1 Isum Included HVAC & Exhaust Fan S stem 1 Isum Included Electric Golf Cart Char in Cords w/ Brackets RE: E3-2 1 Isum Included Retractable Power Cord Reels RE: E3-2 1 Isum Included Li htnin Detections stem Relocation 1 Isum See #26A Sales Tax@ Mat'I ONLY Allow $ 28,173 Bond /Sub uard @ RCC Provided 1.500% $ 21,049 Totals 1 424 300 Alternates REMARKS: W EITZ RECOMMENDATION: OWNER APPROVAL: 2008_02_01_Bid Mstr_DMBC page 15 of 26 Delray Miller Baseball Complex February 1, 2008 Plumbin 22A Specifications /Notes 15400 Plumbin No S ec Provided Ticket Total ~ 6 $48 644 , Subcontractor Used Ab l t so u e Absolute American SUb/SU IIeY E. Heller R. Rikard 561-841-8220 (561)242-9770 Addenda 0 0 SBE Status N/A N/A Ex erience Modification Rate 0.93 0.94 Price Good Thru 30 Da s 6 Mos. Base Quote $ - $ - Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Permits 1 Isum B Owner B Owner Surve / La out / As-Builts 1 Isum Included Included Sho Drawin s 1 Isum Included Included Warrant 1 Isum Included Included Safet Mana ement 1 Isum Included Included Sco e Drinkin Fountain/Dr ells Non-Cooled 2 each 9,000 12,240 Buildin Connections Exterior; < 10' 3 bld s 36,000 36,000 Buildin ADA Water Fountains Cooled 1 Isum See #13C See #13C Buildin Fixtures & Accessories 1 Isum See #13C See #13C Sales Tax @ 6.5 % $ 2,925 $ 3,136 Bond /Sub uard @ 1.5 % $ 719 $ 771 Totals 48 644 52 146 Alternates REMARKS: W EITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 16 of 26 Delray Miller Baseball Complex February 1, 2008 Electrical 26A Specifications /Notes 16050 Site Electrical -General Provisions Ticket Total ~ 7 16108 Site Miscellaneous E ui ment $895 696 16110 Site Racewa sand Fittin s , 16120 Site Wires and Cables Subcontractor Used 16450 Site Groundin S stem li ht S t 16500 Site Li htin S stem por g er s Davco Sportslighter M. Gay Electrical Contr SUb/SU 112Y S. Salyers J. Harris J. Kinsley C. Floyd (561)732-3434 (561)333-1500 (904) 714-4001 (305)556-0041 Addenda 0 0 0 0 SBE Status N/A N/A N/A N/A Ex erience Modification Rate 1.05 TBD TBD 1.00 Price Good Thru 30 Da s 30 Da s 30 Da s 30 Da s Base Quote $ - $ - $ - $ - Descri tion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Yes Yes Mf Musco Qualite Musco Musco Tem Power 1 Isum Included Included Included Included Safet Mana ement 1 Isum Included Included Included Included Excavation/Backfill Trenches 1 Isum Included Included Included Included Permit 1 Isum B Owner B Owner B Owner B Owner FPL Char es 1 Isum B Owner B Owner B Owner B Owner Bird Relocation Parrots 1 Isum B Owner B Owner B Owner B Owner Sco e S orts Li htin -Demo/Haul-Awa Existin 1 Isum 140,173 19,380 60,000 75,000 S orts Li htin -Furnish/Install Poles 1 Isum 680,792 676,365 597,000 472,693 S orts Li htin -Furnish/Install Poles Fixtures 1 Isum Included Included Included Included S orts Li htin - En r /Sho Dw s 1 Isum Included Included Included Included Site Utilities 1 Isum 51,961 Included 180,900 170,160 Site Li htin 1 Isum 78,701 Included Included Included Fla Pole Li htin 1 Isum Included Included Included Included Scoreboard -Existin Relocate One 1 Isum 14,493 14,493 15,000 16,000 Scoreboard -New (Conduit; J-Box; PUllstrin) 1 Isum 43,231 43.231 43,231 43,231 Irri ation Power Connections 1 Isum 7,100 7,100 7,100 7,100 Electrical Load Svc/Panel/Conduit/Wire Bld 1 Isum 65,749 65,749 65,749 65,749 Electrical Connections @ Bld s 1 Isum Included Included Included Included Electrical Distribution (Bld) 1 Isum See #13C See #13C See #13C See #13C Electrical Li htin Bld 1 Isum See #13C See #13C See #13C See #13C Phone/Data Distribution Bld 1 Isum See #13C See #13C See #13C See #13C HVAC Controls/Connections 1 Isum See #13C See #13C See #13C See #13C Storm Warnin ALLOWANCE Lightning Warning Relocation (ThorGuard) 1 Isum 1,975 1 ,976 1 ,977 1 ,978 1 ,978 Misc Supplies (ThorGuard) 1 Isum 305 305 305 3Q5 305 Misc. Fence Groundin Not Re 'd er RFI #4 1 Isum N/A N/A N/A N/A N/A Sales Tax @ 6.5% Included $ 53,859 $ 63,132 $ 55,394 Bond /Sub uard @ Varies $ 16,267 $ 13,237 $ 19,654 $ 17,245 Totals $ 1,100,748 $ 895,696 $ 1,054,049 $ 924,855 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_BidMstr_DMBC page 17 of 26 Delray Miller Baseball Complex February 1, 2008 Site Develo ment 31 A Specifications /Notes 02010 Soil Test Borin s Ticket Total 1 02110 Clearin &Grubbin c/~ /~/~ a~VLO LLo 02211 Site Gradin ~ 02212 Site Gradin for Athletic Fields No S ec Provided Subcontractor Used 02220 Trenchin , Backfillin & Com actin H&J C t 02260 Finish Grading On r American H&J Contr MEC SUb/SU 110Y R. Rikard J. Rodgers G Lazzari (561)242-9770 561-791-1953 954-752-8065 Addenda 0 0 0 SBE Status N/A N/A N/A Ex erience Modification Rate 0.94 1.39 0.76 Price Good Thru 6 Mos. 30 Da s 30 Da s Base Quote $ - $ - $ - Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Yes Permits Health & Cit 1 Isum B Owner B Owner B Owner Permits SFWMD 1 Isum B Owner B Owner B Owner Utilit Disconnects 1 Isum B Owner B Owner B Owner Asbestos Surve 1 Isum B Owner B Owner B Owner Unsuitable Soil Removal/Haul-Awa 1 Isum B Owner B Owner B Owner Hazardous Waste Dis osal 1 Isum B Owner B Owner B Owner Trash Removal 1 Isum B Owner B Owner B Owner Surve / La out / As-Builts 1 Isum 37,800. 37,800 Included Sho Drawin s 1 Isum Included Included Included Warrant 1 Isum Included Included Included Safet Mana ement 1 Isum Included Included Included Mobilization 1 each 17,501 17,501 145,020 Testi n 1 Isum 100, 000 100,000 100, 000 NPDES Re ortin 1 Isum 23.173 23,173 Included Earthwork Clearin /Grubbin 1 Isum 16,250 11,939 144,541 Earthwork 1 Isum 328,342 305,253 386,315 Tem Construction Road Install/Maintain 1 Isum Included 2,730 Included Excavation/Backfill Stock ile 1 Isum Included Included Included Excavation/Backfill Clean Fill 1 Isum Included Included Included Irri aton Re airs 1 Isum 5,250 5,250 5,250 Erosion Control Silt Fence 1 Isum 28,530 29,738 Included Miracle Field Sub rade 1 Isum Included 40,376 Included Sales Tax @ 6.5% $ 36,195 $ 37,294 $ 50,773 Bond /Sub uard @ 1.5 % $ 8,896 $ 9,166 $ 12,478 Totals $ 601,937 $ 620,220 $ 844,378 Alternates REMARKS: WEITZ OWNER RECOMMEIJDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 18 of 26 Delray Miller Baseball Complex February 1, 2008 Sidewalks /Curbin 32A Specifications /Notes 02511 Concrete Sidewalks Ticket Total ~ 9 02513 As halt Concrete Pavin -/ $360 125 02520 Concrete Curbs and Headers , Subcontractor Used H&J C t on r American H&J Contr SUb/SU IieY R. Rikard J. Rodgers (561)242-9770 561-791-1953 Addenda 0 0 SBE Status N/A N/A Ex erience Modification Rate 0.94 1.39 Price Good Thru 6 Mos. 30 Da s Base Quote $ - $ - Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Permits 1 Isum B Owner B Owner Surve / La out / As-Builts 1 Isum Included Included Sho Drawin s 1 Isum Included Included Warrant 1 Isum Included Included Safet Mana ement 1 Isum Included Included Curbin Concrete Sidewalks 1 Isum Included 180,496 Concrete Curbin 1 Isum 299,615 71,341 Pads Pavilion, Du outs; Bat Ca es; Dum ster 1 Isum 81,311 81,311 Sales Tax @ 6.5 % $ 24,760 $ 21,655 Bond /Sub uard @ 1.5 % $ 6,085 $ 5,322 Totals $ 411,771 $ 360,125 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 19 of 26 Delray Miller Baseball Complex February 1, 2008 Pavin & Markin s / Si na a 32C Specifications /Notes 02513 As halt Concrete Pavin Ticket Total 20 02520 Concrete Curbs and Headers $638 765 02580 Pavement Markin and Post Si n , Subcontractor Used H&J C t on r American Messier CSR TM Russell H&J Contr Bid D Paving SUb/SU IIeY R. Rikard E. Schwab M. Hoffman E. Willenberg J. Rodgers R. South (561) 242-9770 (561) 616-9819 (954) 421-1264 (561) 624-1108 (561) 791-1953 (561) 697-2443 Addenda 0 0 0 0 0 0 SBE Status N/A N/A N/A N/A N/A N/A Ex erience Modification Rate 0.94 0.77 0.87 1 .11 1.39 1.04 Price Good Thru 6 Mos. 30 Da s 30 Da s 30 Da s 30 Da s 30 Da s Base Quote $ - $ - $ - $ - $ - $ - Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Yes Yes Yes Yes Permits 1 Isum B Owner B Owner B Owner B Owner B Owner B Owner Surve / La out / As-Builts 1 Isum Included Included Included Included Included Included Sho Drawin s 1 Isum Included Included Included Included Included Included Warrant 1 Isum Included Included Included Included Included Included Safet Mana ement 1 Isum Included Included Included Included Included Included Pavin As halt Pavin Roadwa 1 Isum 696,430 762,363 685,885 692,464 550,443 554,618 As halt Pavin Miracle Field 1 Isum 10,973 10,973 10,973 10,973 10,973 10,973 MOT 1 Isum Included Included Included Included Included Included Markin s/Si na e 1 Isum 38,275 Included Included 29,500 29,500 25,925 Paved Areas Power Swee in 1 Isum See #06A See #06A See #06A See #06A See #06A See #06A Sales Tax @ 6.5 % $ 48,469 $ 50,267 $ 45,296 $ 47,641 $ 38,410 $ 38,449 Bond /Sub uard @ 1.5 % $ 11 ,912 $ 12,354 $ 11 ,132 $ 11 ,709 $ 9,440 $ 9,449 Totals $ 806,059 $ 835,957 $ 753,286 $ 792,287 $ 638,765 $ 639,414 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 20 of 26 Delray Miller Baseball Complex February 1, 2008 Sports Surface (Miracle Field) 32D Specifications /Notes 11480 Athletic, Recreational, Therapeutic Equipment (No Spec Provided) Ticket Total 21 Q+nn ./ ~/O ' Subcontractor Used Child S f a e Child Safe N. American Mondo TM Russell American Sub/Supplier Steve Belzner Scott Koesterich Rolland Muller E. Willenberg R. Rikard (800)730-0064 (781)871-3959 (250)861-4090 561-624-1108 (561)242-9770 Addenda 0 0 0 0 0 SBE Status No No No N/A N/A Experience Modification Rate .85 TBD TBD 1.11 0.94 Price Good Thru 30 Days 30 Days 60 Days 30 Da s 6 Mos. Base Quote $ 94,260 $ 106,400 $ 131,000 $ 138,500 $ 138,500 Description Quantity UOM U $ General Per Plans & Specifications Yes or No Yes Yes Yes Yes Yes Shop Dwgs Yes or No Yes Yes Yes Yes Yes Warranty 3 Years TBD Mfg Mfg Mfg Color Selection Limited Limited Limited Limited Limited Miracle Field Urethane Safety Surface 15,900 sf Included Included Included Included Included Line Marking 1 Isum Included Included Included Included Included Curbing 1 Isum See #31 A See #31 A See #31 A See #31 A See #31 A Subsurface Asphalt 1 Isum See #31 A See #31 A See #31 A See #31 A See #31 A Concrete Sidewalk Areas 1 Isum See #31 A See #31 A See #31 A See #31 A See #31 A Sales Tax @ (Mat'I ONLY) 6.5 % $ 3,415 $ 3,854 $ 4,745 $ 5,017 $ 5,017 Bond / Subguard @ 1.5 % $ 1,465 $ 2,756 $ 2,986 $ 2,153 $ 2,153 Totals $ 99,140 $ 113,011 $ 138,732 $ 145,670 $ 145,670 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 21 of 26 Delray Miller Baseball Complex February 1, 2008 Landsca a /Irri ation 32E Specifications /Notes 02810 Irri ation No S ec Provided Ticket Total 22 331 904 02920 Soddin $ ~ 02930 Trees, Shrubs and Groundcover Subcontractor Used Vil & S on a Arazoza Bros Vila & Son A-Cut-Above Tropics North Quinn Design SUb/SU IIeY V. Ygualada P. Thibeaux D. Rockett E. Alberto Joe Quinn 3,052,463,223 (561) 795-3070 (561) 795-1995 (305) 258-8011 (561) 791995 Addenda 0 0 0 0 0 MWBE Status N/A N/A SBE N/A SBE Ex erience Modification Rate 0.95 .72 1.00 0.90 .94 Price Good Thru 30 Da s 30 Da s 30 Da s 30 Da s 30 Da s Base Quote - Landsca e $ - $ - $ - $ - $ - Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Yes Yes Yes Permits 1 Isum B Owner B Owner B Owner B Owner B Owner La out 1 Isum Included Included Included Included Included As-Builts 1 Isum Included Included Included Included Included Warrant -Plants/Irri ation 1 Isum Plans/S ecs Plans/S ecs Plans/S ecs Plans/S ecs Plans/S ecs Warrant -Trees 1 Isum Plans/S ecs Plans/S ecs Plans/S ecs Plans/S ecs Plans/S ecs Irri ation 186,475 162,850 181,880 181,125 166,755 Water Source 1 Isum PW PW PW PW PW Rain Gau e Auto Shutoff 1 Isum 4,500 4,500 4,500 4,500 4,500 Electrical Service 1 Isum See #26A See #26A See #26A See #26A See #26A Booster Pum Relocation 1 Isum Included Included Included Included Included Control Panel Relocation Timer/Clock 1 Isum Included Included Included Included Included Sleevin 1 Isum Included Included Included Included Included Pum Pad 1 Isum Excluded Included Included Included Included Pum Enclosure 1 Isum Excluded Included Included Included Included Valves 1 Isum Included Included Included Included Included Trenchin Existin 1 Isum Included Included Included Included Included Landsca in Trees 1 Isum 74,920 73,000 81,138 54,425 70,090 Shrubs 1 Isum 3,291 4,756 5,419 3,117 5,078 Ground Cover 1 Isum 13,118 11,131 15,490 14,546 7,477 MUlch/Plantin Mix/Misc. 1 Isum 12,530 17,821 20,640 15,712 5,197 Sod - Floratam St. Au ustine 90,624 sf 32,983 32,983 32,983 31 ,718 32,983 Sod -Bahia Seed 812 sf 150 Included 150 150 150 E ui ment for Installation 1 Isum Included Included Included Included Included Landsca e Maint Post Pro'ect Com letion 1 Isum B Owner B Owner B Owner B Owner B Owner Tree Removal/Relocation 1 Isum N/A N/A N/A N/A N/A Tree Protection/Gates 1 Isum N/A N/A N/A N/A N/A Sales Tax @ 6.5 % 21,318 19,958 22,243 19,844 18,995 Bond /Sub uard @ 1.5 % $ 5,239 $ 4,905 $ 5,467 $ 4,877 $ 4,668 Totals $ 354,524 $ 331,904 $ 369,910 $ 330,015 $ 315,893 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 22 of 26 Delray Miller Baseball Complex February 1, 2008 Fencing 32G Specifications /Notes 02830 Chain Link Fencing Ticket Total 23 498 929 11480 Athletic, Recreational, Therapeutic Equipment (No Spec Provided) $ ~ Subcontractor Used A thi ny ng Anything Tropic Lawrence Martin SUb/SU IIeY Jerry Mike Monte Ed Jones Robert Greene (561) 274-4300 (954) 978-1250 (561) 747-4228 (561) 848-2688 Addenda 0 0 0 0 SBE Status SBE FL-SBE SBE SBE Ex erience Modification Rate 1.19 0.96 1.03 0.99 Price Good Thru 15 Da s 30 Da s 30 Da s 30 Da s Base Quote $ - $ - $ - $ - Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Yes Yes Permit Fee 1 Isum B Owner B Owner B Owner B Owner Surve 1 Isum 1,200 1 ,200 1 ,200 1 ,200 1 2Q0 En r / Sho Drawin s 1 Isum Excluded Excluded Excluded Excluded Lead Time 1 Isum 5 Weeks 6 Weeks 7 Weeks 8 Weeks Demo Existin Fence 2,717 If See #31 A See #31 A See #31 A See #31 A Tem ora Tem orar Fence 4,000 If 4 1GI200 16,200 16,200 1GI200 Tem orar Gates 2 each 350 700 700 700 700 Maintain Tem Fence 4,000 If 2 G,000 6,000 6,000 6,000 Fence Groundin Not Re 'd er RFI #4 1 Isum N;'A N;A N;A N;A Fence /Backsto s /Sidelines / Du outs 437,000 447,330 483,947 6' C.L. Fence & Gates @ Entrance Rd. 1 Isum Included Included Included Included 300' Field - 30' Hi h Backsto 1 Isum Included Included 88,926 Included 300' Field - 8' Hi h Fence at 2 Du outs 1 Isum Included Included Included Included 300' Field - 8' Hi h Fence Sidelines 1 Isum Included Included Included Included 300' Field-6' Hi h Fence & Gates; Sidelines; Outfield 1 Isum Included Included Included Included 225' Field - 30' Hi h Backsto 1 Isum Included Included 237,816 Included 225' Field - 8' Hi h Fence at 2 Du outs 1 Isum Included Included Included Included 225' Field - 8' Hi h Fence Sidelines 1 Isum Included Included Included Included 225' Field - 6' Hi h Fence & Gates; Sidelines; Outfield 1 Isum Included Included Included Included Misc Dum ster Gates 1 Isum See #05A See #05A See #05A See #05A Corru ated Protective Ca @ all 6' Hi h Fabric 1 Isum Included Included Included Included Footers for Fencin 1 Isum Included Included Included Included Footers for Backsto s 1 Isum Included Included Included Included Fence Groundin Not Re 'd er RFI #4 1 Isum N/A N/A N/A N/A Miracle Field 48,172 115' Field - 20' Hi h Backsto 1 Isum Included Included Included Included 115' Field - 8' Hi h Fence at 2 Du outs 1 Isum Included Included Included Included 115' Field-6' Hi h Fence & Gates; Sidelines; Outfield 1 Isum Included Included Included Included Fenwa 116,256 Fenwa - 30' Hi h Backsto 1 Isum Included Included Included Included Fenwa - 8' Hi h Fence at 2 Du outs 1 Isum Included Included Included Included Fenwa -6' Hi h Fence & Gates; Sidelines; Outfield 1 Isum Included Included Included Included Sales Tax @ 6.5 % 29,972 30,643 33,493 33,023 Bond /Sub uard Varies 7 857 12 552 13 719 13 527 Totals $ 498,929 $ 514,625 $ 562,482 $ 554,597 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 23 of 26 Delray Miller Baseball Complex February 1, 2008 S orts Sod Field Bermuda / Cla 32K Specifications /Notes 02921 Athletic Field Turf Ticket Total 24 AQC ~ n~ ~ ' L Subcontractor Used t T f O S por ur ne Championship Sport Turf One Vila & Son Becker Bid D Paving SUb/SU IIeY Skip Kirby Dell Haverland P. Thibeaux R. Davis R. South (239) 222-4161 (561) 375-7808 (561) 795-3070 (772) 546-1389 (561) 697-2443 Addenda 0 0 0 0 0 MWBE Status N/A N/A N/A N/A N/A Ex erience Modification Rate TBD 0.85 .72 0.85 1.04 Price Good Thru TBD 30 Da s 30 Da s 30 Da s 30 Da s Base Quote - Landsca e $ - $ - $ - $ - $ - Descri lion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Yes Yes Yes Permits 1 Isum B Owner B Owner B Owner B Owner B Owner La out 1 Isum Included Included Included Included Included As-Builts 1 Isum Included Included Included Included Included Warrant -Plants/Irri ation 1 Isum Plans/S ecs Plans/S ecs Plans/S ecs Plans/S ecs Plans/S ecs Warrant -Trees 1 Isum Plans/S ecs Plans/S ecs Plans/S ecs Plans/S ecs Plans/S ecs S orts Fields 622,083.00 597,506 Mobilization / Surve / La out 1 Isum Included 2,814 12,000 Included Included Laser Gradin Before Soil /Before Sod 1 each Included 33,373 22,310 Included Included Soil Blanket 4" 1 Isum Included 131,344 170,090 Included Included Soil Fumi ation Before Turf 1 Isum Included 39,559 12,528 Included Included Sod -Bermuda Turf No Cla 191,912 sf Included Included 92,545 Included Included Field #1 (225' Radius) 1 Isum 96,000 33,929 Included Included Included Field #2 (225' Radius) 1 Isum 96,000 Included Included Included Included Field #3 (225' Radius) 1 Isum 96,000 17,111 Included Included Included Field #4 (300' Radius) 1 Isum 145,000 28,040 Included Included Included Cla Mix: Included Included 114,276 Included Included Pitchin Wall 1 Isum Included Included Included Included Included Pitcher Mound & Batter Box 1 Isum Included 4,563 Included Included Included Infield & Warnin Track 1 Isum Included 37,014 Included Included Included Skinned 90' Radius 1 Isum 35,000 78,283 Included Included Included Infield Re radin Fenwa 1 Isum 1,000 16,743 Included 5,108 5,108 Grow-In 60 Da s 1 Isum Included 17,683 20,480 13,055 13,055 Rubbers /Bases 1 Isum Included 9,252 9;252 Included Included Sales Tax @ 6.5 % 30,485 29,231 29,476 41,616 40,018 Bond /Sub uard @ 1.5 % $ 7,492 $ 7,184 $ 7,244 $ 10,228 $ 9,835 Totals $ 506,977 $ 486,123 $ 490,202 $ 692,090 $ 665,523 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_Bid Mstr_DMBC page 24 of 26 Delray Miller Baseball Complex February 1, 2008 Site Utilities 33A Specifications /Notes 02661 Water Mains Ticket Total 25 ` 02675 Disinfection of Potable Water Lines ~ ~~ ~~~ WQ 02720 Storm Draina e S stems ' 02730 Sanita Sewer Pie Subcontractor Used li C t en er ne American Messier CSR TM Russell Centerline Stone-Circle SUb/SU 112Y R. Rikard E. Schwab M. Hoffman E. Willenberg C. Wick B. Hynes (561) 242-9770 561-616-9819 (954) 421-1264 561-624-1108 561-689-3917 954-331-5020 Addenda 0 0 0 0 0 0 SBE Status N/A N/A N/A N/A N/A N/A Ex erience Modification Rate 0.94 0.77 0.87 1.11 1.12 0.92 Price Good Thru 6 Mos. 30 Da s 30 Da s 30 Da s 30 Da s 30 Da s Base Quote $ - $ - $ - $ - $ - $ - Descri tion Quantit UOM U $ General Per Plans & S ecifications Yes or No Yes Yes Yes Yes Yes Yes Permits Health & Cit 1 Isum B Owner B Owner B Owner B Owner B Owner B Owner Surve / La out / As-Builts 1 Isum Included Included Included Included Included Included Sho Drawin s 1 Isum Included Included Included Included Included Included Warrant 1 Isum Included Included Included Included Included Included Safet Mana ement 1 Isum Included Included Included Included Included Included Utilities La out 1 Isum Included Included Included Included Included Included Testin 1 Isum Included Included Included Included Included Included Storm Draina e 1 Isum 95,715 88,068 97,930 131,805 74,082 120,200 Sanitar Sewer 1 Isum 78,595 58,502 73,420 65,632 33,744 86,500 Water Distribution 1 Isum 40,505 66,756 98,325 67,853 37,105 84,700 Meters/Backflow 1 Isum 21,520 Included 21,520 21,520 21,520 21,520 Sales Tax @ 6.5% Included Included Included Included Included Included Bond /Sub uard @ 1.5% $ 3,545 $ 3,200 $ 4,368 $ 4,302 $ 2,497 $ 4,694 Totals $ 239,880 $ 216,526 $ 295,563 $ 291,112 $ 168,948 $ 317,614 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_BidMstr_DMBC page 25 of 26 Delray Miller Baseball Complex I February 1, 2008 Owner Allowances XX Specifications /Notes Ticket Total 2{7 01020 Allowance d+Co 000 ' Subcontractor Used D l B h ray e eac Delray Beach Sub/Su lier Estimate (Budget) Addenda 0 MWBE Status N/A Ex erience Modification Rate N/A Price Good Thru N/A Base Quote N/A Descri lion Quantit UOM U $ Cost Allowances Yes or No Video (spec sec,ion#omzo. ,.oa "comingency Allowance") 1 Isum 10,000.00 10,000 Utlllt )specsec,ion#o,ozo,.oa"cen,mgencynuewance") 1 Isum 25,000.00 25,000 Unforeseen Conditions)specsecuen#o,ozo ,.oa"cen,mgency 1 Isum 25,000.00 25,000 Sales Tax @ 6.5% Included Bond/Sub uard 1.5% Included Totals $ 60 000 Alternates REMARKS: WEITZ OWNER RECOMMENDATION: APPROVAL: 2008_02_01_BidMstr_DMBC page 26 of 26 Contents Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 SECTION 2: 2008_02_Ol_Tab DMBC (2) Page 1 of 1 Allowances Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 10A .01 Description Site Furnishings Playground Relocation GMP $ 16,996 Comments Labor/Materials-Existing Equipment /New Safety Surface .02 10G .01 Subtotal Protective Covers (Bleachers) Bleacher Covers $ 16,996 $ 59,389 Labor/Materials Detailed Plans/Spec Not Provided .02 26A Subtotal Electrical $ 59,389 .01 Lightning Warning (ThorGUard) $ 2,282 Labor/Materials Relocate From Existing 1-Story Concession Bldg .02 32G Subtotal Fencing $ 2,282 .01 Sidelines; Backstops; Dugouts (All Fields) $ 498,929 Labor/Materials Detailed Plans/Spec Not Provided for 140 MPH .02 XX .01 Subtotal Owner Allowance Vide0 $ 498,929 $ 10,000 Per Spec Section #01020; 1.04 "Contingency Allowance" .02 Utlllty $ 25,000 Per Spec Section #01020; 1.04 "Contingency Allowance" .03 Unforeseen Conditions $ 25,000 Per Spec Section #01020; 1.04 "Contingency Allowance" Subtotal $ 60,000 TOTAL DIRECT COSTS $ 637,596 Included in GMP Value 2008_02_01_Allow_DMBC page 1 of 1 N .'^ vv^II C _~ \~ N O O LL ~# U _~ ~ ~ O O 0 ~ U Q ~ Y m N O G1 ~ O N ~r ~ O r p o ~, N R o ~ ~ y ~ m O ~ ~ ~ U IL 0 U 0 U c6 c6 C O C O Q Q ~ ~ m m ~ ~ ~ ~ ~ N U O 'p N }6 O O O fA O ~ O N O ~ C C C 01 C 01 - fA N _ m O ~ m C C m m ~ m ~ V ~ ~ m ~ O O ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ O ~ ~ m m ~ ~ ~ i ~ ~ ~ 3 0 ~ ~ ~ ~ ~ ~ ~ ~ CJ O ~ m a a m m o ~ m 0 ~ ~ ~, >. 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' N Q ~ N Q M N Q N N O O O O O O r O O O . :O r O O O r O O O O ~ N O U m D Q O 0 0 O N .'^ vv^II ^~ i a _~ \~ N O O LL ~# U ^~ O ii Q 0 ~ U O ~ ~ G1 Q dl = ~ Y m N O G1 ~ O N CD O r ~ O >, N R o ~ ~ y o O m ~ ~ ~ U IL 0 0 0 0~ o 0 0 0 0 0 0 0 0 0 U N ~ U c6 U c6 U c6 U c6 U c6 U c6 U c6 U c6 U c6 U c6 c6 C c6 C c6 C C ~ ~ C C C O O C C C C C C C O U O U O U O U > > O U O U O U O U O U O U O U Q N Q Q Q O O Q Q Q Q Q Q Q ~ m m m m m m m ~ ~ m m m m m m m "6 "6 "6 "6 Y "6 "6 "6 "" "6 "6 "6 "6 "6 "6 "6 ~ (~ O ~ (~ O ~ (~ O ~ U tp O O~ ~ N O ~ N O ~ N O "6 O Q "6 N Q ~ N O ~ N O ~ N O ~ N O ~ N O ~ N O ~ N O N O O) O) O) O) N O) O) O) N N O) O) O) O) O) O) O) C C O) O) O) O) ~ O) O) O) U U O) O) O) O) O) O) O) m 3 O > U > U > U > m U _ > (~ > (~ > (~ U ¢ U ¢ > (~ > (~ > (~ > (~ > (~ > (~ > (~ ~ y y y y N y y y O r y y y y y y y C m d) d) d) d) ? ~ ~ ~ O O ~ ~ ~ ~ ~ ~ ~ " ~ ~ ~ ¢ ¢ Q V 6 O ~ > c6 ~ > c6 ~ > c6 ~ > N O ~ ~ > c6 ~ > c6 ~ > c6 ~ ~ ~ > c6 ~ > c6 ~ > c6 ~ > c6 ~ > c6 ~ > c6 ~ > c6 ~ i U > U > U > _ U C O ~ O U > U > U > ~ '~ U > U > U > U > U > U > U > o o o > . ~-~ o o o 0 0 0 0 0 0 0 m o ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~, ~, ~ ~ ~ ~ ~ ~ ~ O O O O p I I O O O 9 9 O O O O O O O ~ i6 i6 i6 i6 p~ i6 i6 i6 N N N i6 i6 i6 i6 i6 i6 to ~ ~ ~ C N C C C C C C C C C C C N O O O O L> O O O 0 0 O O O O O O O ~ Q Q Q Q w (n Q Q Q Q Q Q Q Q Q Q Q Q N N N N N N tp N N "6 "6 N N N N N N N ~ N N N N ~ '~ c6 c6 c6 ~ ~ c6 c6 c6 c6 c6 c6 c6 O O O O O i ~ O O O a s O O O O O O O ~ i6 i6 i6 ~ ~ p i6 i6 i6 N N N i6 i6 i6 i6 i6 i6 J ~ ~ ~ _ ~ Q d ~ ~ ~ W W N U N . ~ ~ ~ ~ N fl. 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O O ~ 4 6 D i 0 0 fU/1 ~ ~ 7 U (~ ~ U ¢ N ~ d I O N a O Q "O U O ' ~ N cn N N U ~ U U U - ~ ~~~ Q m ~ O C O ~ ~ ~ ~ ~ C O C ~ i 3 O O N ~ C ~ U I _ ~ ~ d ~ C - ~ N d ~ O) O d O O O~ C LL ~ m ~. ° O o ,~ .~ ~ ~ Q o LL U ~ ~ N ~ o .N 'o o ~n ~ ~ ~ ~ ~ _~ ~ ~ U o ~ ~ ~ ~ .x ~ Q m o ~ J ~ O C C p O O 0 0_ ~ ' ~ ~' ~ ~ `~ ~ `~ N N ~ ~ ~ o .o r ~ ~ ~ ~ R N ~ a - ~ O ~ 0 0 ~~ ~ x6 O 0 0 W U L in cn ~ OC O > > > ~ ~ C7 ~ m ~ ( H ( i! w U U N ~ Q o o .~ ~ AIQ Y M I O NO I X 0 0 0 0 U ~ U d~ 0 H ~ ~ a U 00 Q O N COI 0 Contents Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 SECTION 3: 2008_02_Ol_Tab DMBC (3) Page 1 of 1 Clarifications Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 The Weitz Company GMP proposal is based on tGmley-Horn & Associates; West Palm Beach and Walters-Zackria Associates; Ft Lauderdale prepared project specifications dated October 12, 2007 & received October 19, 2007; project drawings dated October 12, 2007 & received October 16, 2007; Tierra, Inc. geotechnical report dated March 29, 2007 & received May 30, 2007 and high-mast pole foundation report dated November 19, 2007 & received December 6, 2007. Division 01 -General Reauirements 1. Contract agreements contained in Construction Manager At Risk Services agreement dated August 2, 2007 prevail & supersede any other requirements that may be contained in project drawings and/or specifications. 2. Project GMP based on subcontractor selection representing best value in understanding the scope of work requirements & may not necessarily represent lowest bidder. 3. Subcontractor listed in GMP proposal estimate summary & bid tickets are for information purposes ONLY -final selection determined during Contractor's buy-out process. 4. Descriptions listed in GMP proposal bid tickets are task summaries -they do not represent full scope of work. 5. Project GMP based on NTP release no later than February 26, 2008. 6. Project GMP based on Building Permit release no later than February 29, 2008. 7. Project GMP based on mobilization no later than March 3, 2008 -delays subject to further cost review. 8. Project GMP based on estimates that may have used electronic/digital measuring devices; basis of proposal is that drawings are accurately drawn to scale. 9. Project GMP based on Contractor acquiring entire project site from start -all areas to be restricted construction zone. 10. Construction Management (#01 A) & General Conditions (#01 C) are not subject to retainage withholding. 11. Project duration is scheduled for ten (10) months; 301 calendar days. 12. Project schedule per attached 2/1/08 °data date" schedule. 13. Project schedule includes ten (10) working days for inclement weather delays. 14. Project schedule includes eight (8) working days for Contractor holiday period. 15. Project schedule based on Contractor ability to maintain unlimited access to project site. 16. Work to be performed Monday thru Friday; 7:OOAM to 3:30PM; after-hours; weekend and/or holiday work excluded. 17. Project GMP includes RFI #'s 1 thru 14. 18. Authorized Owner decision maker to be single point of contact. 19. CM's review is made in the CM's capacity as a CM & not as a licensed design professional. CM is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, & rules or regulations. If applicable, design errors or omissions noted by the CM shall be reported promptly to the Architect. 20. Builders Risk (BR) Insurance plus insurance deductibles excluded & are by Owner. 21. Contractor gap insurance coverage pending Owner's BR insurance policy review. 22. Permits (Environmental, Building, DOT, FAA, etc.) excluded. 23. Construction Waste Management Plan excluded. 24. CAD format drawings (if applicable) to be provided to CM at no cost for subcontractor shop drawings & as-builts. 25. Wildlife preservation, special easement agreements or other accessibility issues with neighboring property owners or governing agencies excluded. 26. Contractor contingency (3%) of all construction costs included. Project contingency is allocated for total project and may be distributed as deemed necessary by the CM. Subtotals for individual phases are for illustrations purposes only and does not constitute limitations. 27. Tax Savings presented as "allowance". Actual savings TBD after direct purchase orders issued. 28. See Buylist (Tab #4). Division 02 -Demolition/Abatement 1. Abatement/removal of any/all hazardous and/or unsuitable materials, including but not limited to asbestos or lead; contaminated soils; rocks/boulders; buried fuel tanks are excluded (not expected). 2008_02_Ol_Clarif_DMBC Page 1 of 3 Clarifications Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 2. Demucking excluded (not expected). 3. Dewatering excluded (not expected). 4. Removal/haul-away of buried trash/debris excluded. 5. Existing Musco Sport Lighting poles removed to 24" below grade. 6. Existing underground irrigation system (portions) may be abandoned in place. 7. See Buylist (Tab #4). Division 03 -Concrete (Precast Architectural) 1. See Buylist (Tab #4). Division 04 - Masonry 1. See Buylist (Tab #4). Division 05 -Structural Steel /Misc. Metals 1. See Buylist (Tab #4). Division 06 -Rough Carpentry 1. See Buylist (Tab #4). Division 07 -Thermal & Moisture Protection 1. See Buylist (Tab #4). Division 08 - Openinas 1. See Buylist (Tab #4). Division 09 -Finishes 1. See Buylist (Tab #4). Division 10 -Specialties 1. See Buylist (Tab #4). Division 11 -Equipment 1. See Buylist (Tab #4). Division 12 - Furnishinas 1. NIC. Division 13 -Special Construction 1. Modular Building Manufacturer is Royal Concrete Concepts; West Palm Beach. Buildings are all inclusive -footers to roof; interior/exterior finishes. Buildings have received Florida Dept Community Affairs (DCA) permits. 2. See Buylist (Tab #4). Division 14 -Conveying Equipment 1. See Buylist (Tab #4). Division 21 -Fire Suppression 1. See Buylist (Tab #4). Division 22 - Plumbina 1. See Buylist (Tab #4). 2008_02_Ol_Clarif_DMBC Page 2 of 3 Clarifications Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 Division 23 - HVAC 1. See Buylist (Tab #4). Division 26 -Electrical 1. See Buylist (Tab #4). Division 31 -Earthwork 1. Scope of work based geotechnical report included as Specification #02010; assumptions excluded. 2. Aggregate material subject to market availability; scheduling/cost impact will require cost review. 3. Scope of work based geotechnical report included as Specification #02010; assumptions excluded. 4. Offsite work limited to underground utility taps & associated tasks along the DeCarie Street located directly to north of project site. Any/all other off site work excluded. 5. Excavated materials presumed to be suitable for backfill. 6. Temporary road materials to remain on site. 7. Turbidity barriers (at outfalls only) included. 8. Dewatering not anticipated; excluded. 9. Demucking not anticipated; excluded. 10. See Buylist (Tab #4). Division 32 -Exterior Improvements 1. Aggregate material subject to market availability; scheduling/cost impact will require cost review. 2. Renovation/modification/upgrade to existing irrigation system servicing athletic field outside construction zone excluded. 3. Backstop fencing engineering excluded. Pricing (ALLOWANCE) based on current plans/specifications. 4. Fence grounding excluded (Per RFI #4). 5. Landscape and/or Walkway lighting excluded. 6. Tree removal/relocation excluded (not expected). 7. Testing of concrete & soils excluded. 8. Plant photographs excluded. 9. See Buylist (Tab #4). Division 33 -Utilities 1. Scope of work based on civil project documents; assumptions excluded. 2. Relocation of underground utilities; FPL power poles; or site lighting excluded. 3. Video recording inspection of existing systems excluded. 4. Excavated materials considered to be suitable for backfill. 5. Existing FPL power line poles & transmission cabling relocation; shoring; safeing excluded. 6. Permanent Utilities: utility connection & meter deposits/fees (power; phone; water; sewage) excluded. 7. Primary electrical service °transformer" FPL Furnished FPL Installed. 8. Primary electrical service concrete encased conduits excluded. 9. Primary electrical service °conduits &transformer pad" FPL Furnished Contractor Installed. 10. Primary phone/data service ~~conduits" Contractor Furnished Contractor Installed. 11. Primary phone/data service ~~wiring" Bellsouth Furnished Bellsouth Installed. 12. Existing structures considered suitable to accommodate proposed influent & effluent piping. 13. New FPL Service Fees excluded. 14. New Bellsouth Service Fees excluded. 15. Televising underground utilities excluded. 16. See Buylist (Tab #4). 2008_02_Ol_Clarif_DMBC Page 3 of 3 Contents Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 SECTION 4: 2008_02_Ol_Tab DMBC (4) Page 1 of 1 Buylist Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 Owner Contractor ~ Description s ~ s ~ Comments f/1 m N .~ N .~ N 7 C 7 C LL - LL 1 Division 01 -General Requirements 2 Builders Risk Insurance X - - - 3 Builders Risk Claim Deductible X - - - $500K or 5% of project value, whichever is greater 4 Difference In Coverage (DIC) Insurance - - X - Rgmnts Pending Owner's BR Review 5 Fees -Impact X - - - 6 Fees - Utilit Relocation X - - - Power; Phone/Data; Water; Sewa e, etc. 7 Fees -Utility Temporary Holding/Support X - - - Power; Phone/Data; Water; Sewage, etc. 8 Fees -Meter Deposits X - - - Power; Phone/Data; Water; Sewage, etc. 9 Fees -Permanent Utility Connection X - - - Power; Phone/Data; Water; Sewage, etc. 10 Fees -Permits All X - - - 11 Owner/Tenant FF&E Unloading, Hoisting & Storage X - - - 12 Owner's Staff Jobsite Office Trailer - - - - N/A 13 Permit -Building X - - - CM Coordinates w/ Architect 14 Permit - De t Communit Affairs DCA X - - - CM Coordinates w/ Architect 15 Permit -Environmental (DERM; COE; SFWMD; SWA) X - - - 16 Permit -Right-of-Way and/or Easements X - - - 17 Permit -FAA Height Notice (Flight Path) - - - - N/A 18 Permit -DOT - - - - N/A 19 Services -Aerial Photos - - X - 20 Services -Architectural Design X - - - 21 Services -CAD Drawings (Shop Dwgs & As-Builts) X - - - 22 Services -Civil En ineerin Desi n X - - - 23 Services -Geotechnical/Subsurface Exploration X - - - 24 Services -Interior Design Planning & Procurement - - - - N/A 25 Services -Landscaping/Irrigation Design X - - - 26 Services -MEP En ineerin Desi n X - - - 27 Services -Fire Protection Engineering Design X - - - 28 Services -Special Inspection X - - - 29 Services -Specialty Consultants X - - - 30 Services -Structural En ineerin X - - - 140 MPH Desi n for Fencin ; Backsto s; Etc. 31 Services -Field Testing (Products/Materials/Systems) X - - - CM Coordinates w/ Architect 32 Services -Field Testing (Soil Test; Spec #2930) X - - - CM Coordinates w/ Architect 33 Services -Threshold Building Inspection X - - - 34 Surve -Basic Horizontal & Vertical Control Points X - - - 35 Survey -Boundary & Topographical X - - - 36 Survey -Contaminated Soils X - - - 37 Survey -Hazardous Materials X - - - 38 Surve -Geotechnical/Soils X - - - 39 Survey -Parking Variation X - - - 40 Survey -Traffic Engineering X - - - 41 42 Division 02 -Demolition/Abatement 43 Utility Disconnects X - - - 44 Asbestos Survey X - - - 45 Asbestos/Hazardous Materials AbatemenURemoval X - - - None Expected 46 Contaminated/Unsuitable Soils AbatemenURemoval X - - - None Ex ected 47 Bird Removal /Relocation (Parrots) X - - - 48 Landsite Trash /Garbage Removal X - - - 49 Demolition/Removal of Existing Structures - - X X Existing Bldg Asbestos Status Unknown 50 Offsite Roadwa /Sidewalk - - - - N/A 51 Removal/Relocation of Existing Trees - - - - N/A 52 Site Remediation - - - - N/A 53 54 Division 03 -Concrete 2008_02_01_BuyList_DMBC page 1 of 5 Buylist Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 ~ Description Owner s ~ f/1 m .~ N 7 C LL - Contractor s ~ N .~ N 7 C LL Comments 55 Modular Building - - X X By Royal Concrete Concepts 56 Modular Building Footers - - X X By Royal Concrete Concepts 57 Sidewalks /Curbing /Site Pads - - X X 58 59 Division 04 -Masonry 60 Modular Building - - X X By Royal Concrete Concepts 61 Dumpster Enclosure - - X X w/ Steel Frame Gate & Aluminum Panel 62 Pitchin Wall - - X X 63 Planters Seat Walls - - X X 64 Dugout Benches - - X X 65 66 Division 05 -Metals 67 Modular Building Elevator Support Steel & Misc - - X X By Royal Concrete Concepts 68 Modular Building Stairway Railing - - X X By Royal Concrete Concepts 69 Dumpster Gate - - X X 70 Dum ster Gate Lockin Hardware X X - - 71 Bollards @ Trash Enclosure - - X X 72 73 Division 06 -Wood, Plastic & Com osites 74 Modular Buildin - - X X B Ro al Concrete Conce is 75 Blocking/Backing - - X X By Royal Concrete Concepts 76 Millwork/Casework - - X X By Royal Concrete Concepts 77 T-111 Siding - - X X By Royal Concrete Concepts 78 79 Division 07 -Thermal & Moisture Protection 80 Modular Building Membrane & Metal Roof - - X X By Royal Concrete Concepts 81 Modular Building Insulation - - X X By Royal Concrete Concepts 82 Modular Buildin Gutters /Downs outs - - X X B Ro al Concrete Conce is 83 Fire Treated Wood Trusses - - X X By Royal Concrete Concepts 84 Standing Metal Seam Roof @ Dugouts - - X X 85 86 Division 08 - O enin s 87 Modular Building Interior /Exterior Doors - - X X By Royal Concrete Concepts 88 Decorative Aluminum Bahama Shutter - - - - N/A 89 Door Hardware/Locking Devices - - X X By Royal Concrete Concepts 90 Exhausts Vents - - X X B Ro al Concrete Conce is 91 Impact Rated Louvers - - X X By Royal Concrete Concepts 92 Impact Rated Roll-Up Metal Counter Shutter - - X X By Royal Concrete Concepts 93 Impact Rated Roll-Up Metal Door Shutter - - X X By Royal Concrete Concepts 94 95 Division 09 -Finishes 96 Modular Building Interior /Exterior Paint - - X X By Royal Concrete Concepts 97 Modular Building Ceilings - - X X By Royal Concrete Concepts 98 Modular Buildin Floorin - - X X B Ro al Concrete Conce is 99 Site Furnishing Stucco & Paint - - X X 100 Athletic Structure Stucco & Paint - - X X 101 102 Division 10 - S ecialties 103 Aluminum Display Case w/Sliding Safety Glass - - X X By Royal Concrete Concepts 104 Fire Extinguisher - - X X By Royal Concrete Concepts 105 Fire Extinguisher Cabinets/Brackets - - X X By Royal Concrete Concepts 106 HD Adjustable Wire Shelves w/ Brackets - - X X By Royal Concrete Concepts 107 Knox Box - - X X By Royal Concrete Concepts 108 Signage -Building - - X X By Royal Concrete Concepts 2008_02_01_BuyList_DMBC page 2 of 5 Buylist Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 ~ Description Owner s ~ f/1 m .~ N 7 C LL - Contractor s ~ N .~ N 7 C LL Comments 109 Signage -Building Directory - - X X By Royal Concrete Concepts 110 Signage -Exterior - - X X By Royal Concrete Concepts 111 Signage -Interior - - X X By Royal Concrete Concepts 112 Si na a -Monumental - - - - N/A 113 Awnings - - - - N/A 114 ChalWMarker/Tack Boards - - - - N/A 115 Movable/Operable Partitions - - - - N/A 116 TV Wall Mounted Brackets - - - - N/A 117 Visual Display Boards - - - - N/A 118 Wood/Metal Locker "Locking" Hardware - - - - N/A 119 Wood/Metal Lockers - - - - N/A 120 Fla s & Banners X X - - 121 Exterior Smoking/Ash Receptacles X X - - 122 Interior Trash Receptacles X X - - 123 Flagpole (Lighted) - - X X 124 Ball ark Trash Rece tacles - - X X 125 Ballpark Benches - - X X 126 Ballpark Bleachers (Relocation) - - X X 127 Ballpark Bleacher (Covers) - - X X ALLOWANCE 128 Ball ark Bleachers Future X X - - 129 Playground (Relocation) - - X X ALLOWANCE 130 Bus Stop Shelter - - - - N/A 131 Bike Rack - - - - N/A 132 133 Division 11 -Equipment 134 Mail Handling Equipment/Mailbox X X - - 135 Office Equipment X X - - 136 Solid Waste Handlin & Dum ster E ui ment X X - - 137 Restroom Accessories - - X X By Royal Concrete Concepts 138 Kitchen Equipment X X - - Equipment Schedule 139 Appliances X X - - Equipment Schedule 140 Loadin Dock E ui ment - - - - N/A 141 Material Handling Equipment - - - - N/A 142 Material Storage Equipment - - - - N/A 143 Batting Cages - - X X 144 Pitchin Machines X X - - 145 146 Division 12 -Furnishings 147 Entry Rugs & Mats X X - - 148 Window Tint/Shadin X X - - 149 Window Treatment & Hardware X X - - 150 Artwork - - - - N/A 151 Exterior Canopies/Awnings - - - - N/A 152 Furniture Chairs; Tables; Carts; Benches - - - - N/A 153 Interior Plants & Planters - - - - N/A 154 Systems Furniture - - - - N/A 155 Tapestry & Fabrics - - - - N/A 156 157 Division 13 -Special Construction 158 Concrete Modular Buildings (2-Concession & 1-Storage) - - X X By Royal Concrete Concepts 159 Pavilion Structure - - X X 160 Division 14 - Conve in E ui ment 161 Modular Building Elevator System - - X X By Royal Concrete Concepts 162 2008_02_01_BuyList_DMBC page 3 of 5 Buylist Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 ~ Description Owner s ~ f/1 m .~ N 7 C LL - Contractor s ~ N .~ N 7 C LL Comments 163 Division 21 -Fire Suppression 164 Modular Building Fire Alarm System - - X X By Royal Concrete Concepts 165 Fire Alarm System Monitoring X X - - 166 167 Division 22 -Plumbing 168 Modular Building Fixtures & Accessories - - X X By Royal Concrete Concepts 169 Building ADA Water Fountains (Cooled) - - X X By Royal Concrete Concepts 170 Site Water Fountains / Dr ells Non-Cooled - - X X 171 172 Division 23 -HVAC 173 Modular Building Exhaust Fans - - X X By Royal Concrete Concepts 174 Modular Buildin LouversNents/Grills - - X X B Ro al Concrete Conce is 175 Modular Building HVAC Systems - - X X By Royal Concrete Concepts 176 177 Division 26 -Electrical 178 Electrical Distribution Bld - - X X B Ro al Concrete Conce is 179 Electrical Lighting (Bldg) - - X X By Royal Concrete Concepts 180 Phone/Data Distribution (Bldg) - - X X By Royal Concrete Concepts 181 HVAC Controls/Connections - - X X By Royal Concrete Concepts 182 Electric Golf Cart Char in Cords w/Brackets RE: E3-2 - - X X B Ro al Concrete Conce is 183 Retractable Power Cord Reels (RE: E3-2) - - X X By Royal Concrete Concepts 184 Lightning Detection System (Relocation) - - X X ALLOWANCE 185 Electrical Load Svc/Panel/ConduiUWire (Bldg) - - X X 186 Electrical Connections @ Bld s - - X X 187 Site Utilities - - X X 188 Site Lighting - - X X 189 Flag Pole Lighting - - X X 190 Sorts Li htin - - X X Musco or Qualite 191 AV Equipment System - - - - N/A 192 PA Equipment System - - - - N/A 193 CCTV Equipment System - - - - N/A 194 CATV E ui ment S stem - - - - N/A 195 Lightning Protection - - - - N/A 196 Muzak Equipment System - - - - N/A 197 Security Equipment System - - - - N/A 198 Voice Intercom E ui ment S stem - - - - N/A 199 Fence Grounding - - - - Not Req'd per RFI #4 200 201 Division 31 -Earthwork 202 Clearin / Grubbin - - X X 203 Erosion Control - - X X 204 Temporary Construction Road - - X X 205 Excavation / Backfill - - X X 206 Sub rade / To Soil - - X X 207 208 Division 32 -Exterior Improvements - - X X 209 Sidewalks /Curbing /Site Pads - - X X 210 Onsite Roadwa / Parkin Pavin ;Markin ; Si na e - - X X 211 Offsite Roadway /Parking Paving; Marking; Signage - - - - N/A 212 Concrete Wheel Stops - - X X 213 Miracle Field Synthetic Turf - - X X 214 Baseball Field S orts Turf Sod - - X X 215 Baseball Field; Pitching Wall; Batting Cage Clay - - X X 216 Baseball Field Rubbers /Bases - - X X ALLOWANCE 2008_02_01_BuyList_DMBC page 4 of 5 Buylist Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 ~ Description Owner s ~ f/1 m .~ N 7 C LL - Contractor s ~ N .~ N 7 C LL Comments 217 Baseball Field Fencing (140 MPH Engineering) X - - - 218 Baseball Field Backstop; Sideline; Dugout Fencing - - X X 219 Laser Grading - - X X 220 Soil Fumi ation - - X X 221 Landscaping /Irrigation - - X X 222 Automatic Irrigation Controller (Relocation) X - - X Excludes Repair; Service; Upgrade 223 Hoover Irrigation Pumps (Relocation) - - X X Excludes Repair; Service; Upgrade 224 Plant Photo ra hs X - - - 225 Clean & Prune Existing Vegetation - - - - N/A 226 Qualified Tree Surgeon Services - - - - N/A 227 228 Division 33 -Utilities 229 Primary Electrical Service; Fees X X - - CM Coordinates Service Point Connections 230 Primary Electrical Service Transformer & Pad X X - - CM Coordinates Service Point Connections 231 Primary Phone/Data Service X X - - CM Coordinates Service Point Connections 232 Primar Potable Water Service; Fees X X - - CM Coordinates Service Point Connections 233 Primary Sanitary Sewer Service; Fees X X - - CM Coordinates Service Point Connections 234 Primary CATV Service; Conduits & Connections - - - - N/A 235 Primary Natural Gas Service; Fees; Meters - - - - N/A 236 Lift Station - - - - N/A 237 Site Storm Drainage - - X X 238 Sanitary Sewer Distribution & Connection - - X X 239 Potable Water Distribution & Connection - - X X 240 Fire Loo Distribution & Connection - - X X 241 Irrigation Distribution & Connection - - X X 242 Meters/Backflow Preventors - - X X 243 55 Gallon Drum Water Tank Removal /Disposal - - X X 244 245 Division XX -Owner Allowances (Spec Section #01020) 246 Video X X - - ALLOWANCE 247 Utility X X - - ALLOWANCE 248 Unforeseen Conditions X X - - ALLOWANCE 249 2008_02_01_BuyList_DMBC page 5 of 5 Contents Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 SECTION 5: 2008_02_Ol_Tab DMBC (5) Page 1 of 1 r ~~ ~~ - ;, r r-- s } s, -~ -~ .~ I I I I ~I ' ~ .- ~- '~! '~ I ' I I I ' ' ~' ' I C-J I ', . . -~ . u~ ~f _ ~, ~ ~ ', ', ', ', ', ', ', ', ', ', ', ', ' ' ' ' ' ' ' ' ' ' ' ' ' -' ~ r r r -- r r r ~ x d ea T mU(S a -' '- m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N R N N 3d~ U t~~ I I I '. ~ I '. ~ ~ I I I I I I I I I '. m a x Y m ° U o 2r F 0 2r F 0 2r F 0 2r F o 2r F m o U 0 U m 0 U o 2r F a x Y a x Y m ° U m ° U a x Y m ° U o 2r F a x Y o 2r F 0 2r F 0 2r F o 2r F a x Y o 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F 0 2r F Q Q m Q Q Q Q Q Q Q m m tY} m ~ ~ f+1 0 Q Q Q Q Q Q Q Q m Q Q Q Q m } t o ~ . o ~ o 0 in o Q o N h '~ f+1 r 3 ~ ~ o = _ 3 0 3 E E E a _ O - - - - - m - m _ ~ n Z ~ 3 `o d > 3 ~ ~~ n ~ ~ a °m ° m ° m -_ -_ ~ o m '- ~ ¢ 3 0 ~ > 'E a' ~ n ~ - ~ ~ ~ m c m ? c o ~ c m ? c } ~ ~ ~ ¢ - 3 ~ _ _ - ~ U m ~ ¢ ._ ° a `-° o U _ m ry &e ~ ~ ~ ro - ¢ U ~ > ~ ¢ o F - ¢ o r ° o ~ ~ ? - m o U ~ ~ ° U ~ ~ iL ' - y _ y ~ ~ m o o v v i~ y ~ ° ~ ¢ ~ ' m U ~ ~ a ~ r E '' - ° ~ U n .~ ~ > ° 'm ~ > m tt E r •- -te - - m . ~ '~ E r -- -te ° tt J o =' m tt _ _ m ~ r . °o v 3 O v o° v ~ v 3 O ~ z° ~ v ~ = - E E °o ~ 3 O o ~ o n ~ 3 O ~ o -_ r o w a ~ _ a ~ ~ m r o w a ~ _ m m° ~ LL J ~`s ~ m m LL I U a ~ m } te a ~i ~ LL 2 ~2~ E Contents Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 SECTION 6: 2008_02_Ol_Tab DMBC (6) Page 1 of 1 Logistics Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 The Weitz Company logistics plan is a work in progress that is subject to update throughout the preconstruction & construction process. Scope of Work Demolition/haul-away debris from existing baseball fields & regrade & replace clay surfaces as may be required for the construction of six (6) new baseball fields complete with accompanying backstop fencing; field fencing; dugouts; bleachers; scoreboards; practice pitching areas; batting cages & installation/construction of supporting site utilities; stormwater management; sports lighting; lightning warning system; landscaping/plantings; multiple irrigation well pumps; Motorola controllers; Hunter irrigation system; Floratam St. Augustine & Bermuda Sports Turf sod; parking & roadway restoration; roadway marking; signage & lighting; pavilion; playground; water fountains; trash receptacles; park bench; planters; site fencing; brick pavers; concrete sidewalks; CMU wall enclosed dumpster pad with metal gates. Work to include preparation/completion building pad areas & coordination of any/all utilities & corresponding connections to multiple prefabricated concrete modular buildings. Buildings to include any/all structural foundations; interior/exterior finishes; MEP systems; FFE & roof. Project to be "phased" -Phase #'s 1 & 2 must be completed & released for public use prior to start of Phase # 3. Hours of Operation • Work hours will be 7:OOAM to 3:30PM; Monday thru Friday. • Weitz staff will follow all rules & regulations with regard to hours of operation. Site Access, Traffic Control & Parking Project access will be off Linton Blvd (SR782) onto SW 4th Avenue through the construction road located @ NW corner project site. Closest main intersections are Linton Blvd & US Hwy # 1 (along NE) & Linton Blvd & SW 10th Avenue (along NW). • Signage will direct all parties to our Construction trailers so as to control all deliveries & guests entering the site. • Worker parking will be maintained on site. Power & Utility Hookup • Weitz will provide temporary power & potable water for construction & construction trailers. Coordination of power & water will be done with the utility authorities. Permanent & temporary power to the building will be coordinated with FP&L & electrical subcontractor according to the approved electrical drawings. Contractor & Subcontractor Trailers • Contractor trailers will be located near the project site entrance. Temporary subcontractor trailers will be staged on site by discipline & will be removed upon completion of their work. • Construction signage will be used at strategic locations to alert all construction workers & staff as to expectations during construction with regard to traffic, safety & security. As may be required, Weitz onsite staff will utilize flagmen to control construction & regular traffic flow. 2008_02_Ol_Logistics_DMBC Page 1 of 3 Logistics Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 Site Safety & Security • The Weitz Company places extreme emphasis on safety & makes it the first & most important priority on all projects. • Weitz employs a Regional Safety Director who will initiate a safety plan with all parties accessing the site prior to actual construction commencement. • FPL overhead power lines along SW 4th Avenue (NW property boundary) will be properly identified & monitored during all site equipment operations. • Proper signage for safety will be posted as per OSHA regulations & all personnel working on the site will be required to wear & use all safety equipment for protection. • Site inspections will be made to ensure OSHA regulations & procedures are followed. Weitz Experience Modifier Rating (EMR) is considerably below the industry average at .69. • Site security will be maintained with asix-foot high chain link fence with screening for dust control. Fences with dust screening, barricades & walkways may be removed or relocated at strategic times during the life of the project. Equipment & Material Staging • Equipment staging during construction will include crane and/or lull utilized during erection of the building structure & excavating equipment for installation of site utilities. • Materials will be stored onsite until ready to be incorporated into the building. Site Cleanup & Maintenance • In order to maintain the proper image & to assure a safe site, Weitz will ensure the site is clean & organized at all times. 2008_02_Ol_Logistics_DMBC Page 3 of 3 Contents Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 SECTION 7: 2008_02_Ol_Tab DMBC (7) Page 1 of 1 Delray Miller Baseball Complex 100% Construction Documents October 19, 2007 Contract Documents CDB #2006-052; KHA #044300009; TWC#F106902 ~ ~ General Conditions C-1 Cover Sheet Oct 2007 0 C-2 Index of Sheets; General Notes & Legend Oct 2007 0 Civil C-3 Demolition Plan Oct 2007 0 C-4 Overall Site Plan Oct 2007 0 C-5 Phase 1 Plan Oct 2007 0 C-6 Phase 2 Plan Oct 2007 0 C-7 Phase 3 Plan Oct 2007 0 C-8 Horizontal Control Plan South Oct 2007 0 C-9 Horizontal Control Plan North Oct 2007 0 C-10 Typical 115' Radius & 225' Radius Oct 2007 0 C-11 Typical 90' Radius & 300' Radius Oct 2007 0 C-12 Paving, Grading & Drainage Plan South Oct 2007 0 C-13 Paving, Grading & Drainage Plan North Oct 2007 0 C-14 Little Fenway Infield Regrading Plan Oct 2007 0 C-15 Utility Plan South Oct 2007 0 C-16 Utility Plan North Oct 2007 0 C-17 Sanitary Sewer Profile Oct 2007 0 C-18 Signing & Marking Plans South Oct 2007 0 C-19 Signing & Marking Plans North Oct 2007 0 C-20 Stormwater Pollution Prevention Plan -Phase #1 Oct 2007 0 C-21 Stormwater Pollution Prevention Plan -Phase #2 Oct 2007 0 C-22 Stormwater Pollution Prevention Plan -Phase #3 Oct 2007 0 C-23 Little League Dugout Plan & Elevation Oct 2007 0 C-24 Fenway Dugout Plan & Elevation Oct 2007 0 C-25 Fenway Roof Framing Plan Oct 2007 0 C-26 Fenway -Little League Sections & Details Oct 2007 0 C-27 Miracle League Dugout Plan & Elevation Oct 2007 0 C-28 Miracle League Roof Plan & Dugout Section Oct 2007 0 C-29 Miracle League & Little League Backstop Plan Oct 2007 0 C-30 Typical Backstop Details Oct 2007 0 C-31 Typical Fencing & Gate Details Oct 2007 0 C-32 Little Fenway Backstop Replacement Plan Oct 2007 0 C-33 Little Fenway Outfield Fencing Replacement Plan Oct 2007 0 C-34 Batting Cages Plans & Details Oct 2007 0 C-35 Pavilion Plans & Details Oct 2007 0 2007_10_19_Exhibit B_DMBC page 1 of 5 Delray Miller Baseball Complex 100% Construction Documents October 19, 2007 Contract Documents CDB #2006-052; KHA #044300009; TWC#F106902 ~ ~ Civil (cont'd) C-36 Pitching Wall Plans & Details Oct 2007 0 C-37 Miracle League Field Typical Details Oct 2007 0 C-38 Dumpster Enclosure & Construction Details Oct 2007 0 C-39 Typical Fountain, Trash Receptacle & Bench Details Oct 2007 0 C-40 Playground Relocation Plan Oct 2007 0 C-41 City of Delray Beach Standard Details Oct 2007 0 C-42 City of Delray Beach Standard Details Oct 2007 0 C-43 City of Delray Beach Standard Details Oct 2007 0 C-44 City of Delray Beach Standard Details Oct 2007 0 C-45 City of Delray Beach Standard Details Oct 2007 0 C-46 City of Delray Beach Standard Details Oct 2007 0 SU-1 Boundary & Topographic Survey 5/3/07 0 SU-2 Boundary & Topographic Survey 5/3/07 0 Site Electrical SE-01 Electrical Symbols, Notes & Abbreviations June 2007 0 SE-02 Overall Site Plan June 2007 0 SE-03 Riser Diagram June 2007 0 SE-04 Control Diagram June 2007 0 SE-05 Electrical Details June 2007 0 SE-06 Concession Restroom Building Electrical Room June 2007 0 PH-01 Photometric Plan June 2007 0 Landscape LP-1 Planting Plan South Oct 2007 0 LP -2 Planting Plan North Oct 2007 0 LP -3 Planting Details Oct 2007 0 Hardscape LH-1 Hardscape Plan Overall Oct 2007 0 LH-2 Hardscape Details Oct 2007 0 Irrigation IRR-00 Cover Sheet -Irrigation Plan Oct 6, 2007 0 IRR-01 Irrigation Plan Oct 6, 2007 0 IRR-02 Irrigation Plan Oct 6, 2007 0 IRR-03 Irrigation Plan Oct 6, 2007 0 IRR-04 Irrigation Plan Oct 6, 2007 0 IRR-05 Irrigation Plan Oct 6, 2007 0 IRR-06 Irrigation Plan Oct 6, 2007 0 2007_10_19_Exhibit B_DMBC page 2 of 5 Delray Miller Baseball Complex 100% Construction Documents October 19, 2007 Contract Documents CDB #2006-052; KHA #044300009; TWC#F106902 ~ ~ Irrigation (cont'd) IRR-07 Irrigation Plan Oct 6, 2007 0 IRR-08 Irrigation Plan Oct 6, 2007 0 IRR-09 Irrigation Details Oct 6, 2007 0 Architectural (Bldg #1) A1.00 Little League Bldg -Drawing Index & General Notes Sept 2007 0 Al .01 Little League Bldg -Life Safety Plan Sept 2007 0 Al .10 Little League Bldg -Floor Plan (Dims, Key Notes) Sept 2007 0 Al .11 Little League Bldg -Floor Plans (Walls, Dr, Wind, Tags) Sept 2007 0 A1.12 Little League Bldg -Reflected Ceiling Plans Sept 2007 0 A1.13 Little League Bldg -Enlarged Plans Sept 2007 0 A1.21 Little League Bldg -Exterior Elevation Sept 2007 0 A1.22 Little League Bldg -Elevation Key Notes & Details Sept 2007 0 A1.23 Little League Bldg -Colored Elevations Sept 2007 0 A1.31 Little League Bldg -Building Section, Details Sept 2007 0 A1.32 Little League Bldg -Building Section, Details Sept 2007 0 A1.51 Little League Bldg -Roof Plan, Drain, Calcs Sept 2007 0 A1.71 Little League Bldg -Interior Elevations & Details Sept 2007 0 A1.72 Little League Bldg -Details Sept 2007 0 A1.81 Little League Bldg -Finish Schedule & Finish Legend Sept 2007 0 A1.82 Little League Bldg -Wall Types Sept 2007 0 A1.83 Little League Bldg - UL Designs Sept 2007 0 A1.91 Little League Bldg -Door, Window Elev. & Details Sept 2007 0 Structural (Bldg #1) S1-1 Little League Bldg -Structural Notes Sept 2007 0 S1-2 Little League Bldg -Foundation Plan Sept 2007 0 S1-3 Little League Bldg -Truss Framing Plan Sept 2007 0 S1-4 Little League Bldg -Truss Framing Plan Sept 2007 0 S1-5 Little League Bldg -Framing Plan Sept 2007 0 S1-6 Little League Bldg -Framing Plan Sept 2007 0 S1-7 Little League Bldg -Structural Details Sept 2007 0 S1-8 Little League Bldg -Panel Elevations Sept 2007 0 S1-9 Little League Bldg -Stairs Detail Sept 2007 0 S1-10 Little League Bldg -Elevator details Sept 2007 0 Mechanical ( Bldg #1) M1-1 Little League Bldg -Mechanical Plan Sept 2007 0 2007_10_19_Exhibit B_DMBC page 3 of 5 Delray Miller Baseball Complex 100% Construction Documents October 19, 2007 Contract Documents CDB #2006-052; KHA #044300009; TWC#F106902 ~ ~ Electrical (Bldg #1) E1-1 Little League Bldg -Lighting Plan Sept 2007 0 E1-2 Little League Bldg -Electrical Plan Sept 2007 0 E1-3 Little League Bldg -Notes Sept 2007 0 E1-4 Little League Bldg -Riser Sept 2007 0 Plumbing (Bldg #1) P1-1 Little League Bldg -Plumbing Plan Sept 2007 0 Architectural (Bldg #2) A2.00 Miracle League Bldg -Drawing Index & General Notes Sept 2007 0 A2.01 Miracle League Bldg -Life Safety Plan Sept 2007 0 A2.11 Miracle League Bldg -Floor Plan Sept 2007 0 A2.12 Miracle League Bldg -Reflected Ceiling Plan Sept 2007 0 A2.13 Miracle League Bldg -Enlarged Plans, Accs & Eqpt Schd Sept 2007 0 A2.21 Miracle League Bldg -Exterior Elevation & Details Sept 2007 0 A2.22 Miracle League Bldg -Colored Elevations Sept 2007 0 A2.31 Miracle League Bldg -Building Section, Details Sept 2007 0 A2.51 Miracle League Bldg -Roof Plan & Details Sept 2007 0 A2.71 Miracle League Bldg -Interior Elevations & Details Sept 2007 0 A2.81 Miracle League Bldg -Finish Schedule & Finish Legend Sept 2007 0 A2.82 Miracle League Bldg -Wall Types Sept 2007 0 A2.91 Miracle League Bldg -Door, Window Elev. & Details Sept 2007 0 Structural (Bldg #2) S2-1 Miracle League Bldg -Foundation Plan Sept 2007 0 S2-2 Miracle League Bldg -Truss Framing Plan Sept 2007 0 S2-3 Miracle League Bldg -Framing Plan Sept 2007 0 S2-4 Miracle League Bldg -Structural Details Sept 2007 0 Mechanical (Bldg #2) M2-1 Miracle League Bldg -Mechanical Plan Sept 2007 0 Electrical (Bldg #2) E2-1 Miracle League Bldg -Lighting Plan Sept 2007 0 E2-2 Miracle League Bldg -Electrical Plan Sept 2007 0 E2-3 Miracle League Bldg -Notes Sept 2007 0 E2-4 Miracle League Bldg -Riser Sept 2007 0 Plumbing (B ldg #2) P2-1 Miracle League Bldg -Plumbing Plan Sept 2007 0 2007_10_19_Exhibit B_DMBC page 4 of 5 Delray Miller Baseball Complex 100% Construction Documents October 19, 2007 Contract Documents CDB #2006-052; KHA #044300009; TWC#F106902 ~ ~ Architectural (Bldg #3) A3.00 Storage Bldg -Drawing Index & General Notes Sept 2007 0 A3.01 Storage Bldg -Life Safety Plan Sept 2007 0 A3.11 Storage Bldg -Floor Plan Sept 2007 0 A3.12 Storage Bldg -Reflected Ceiling Plan Sept 2007 0 A3.21 Storage Bldg -Exterior Elevation & Details Sept 2007 0 A3.22 Storage Bldg -Colored Elevations Sept 2007 0 A3.31 Storage Bldg -Building Sections & Details Sept 2007 0 A3.51 Storage Bldg -Roof Plan, Drain, Calcs, Details Sept 2007 0 A3.81 Storage Bldg -Finish Schedule, Legend, Wall Types Sept 2007 0 A3.91 Storage Bldg -Door Elevations & Details Sept 2007 0 Structural (Bldg #3) S3-1 Storage Bldg -Structural Notes Sept 2007 0 S3-2 Storage Bldg -Foundation Plan Sept 2007 0 S3-3 Storage Bldg -Truss Framing Plan Sept 2007 0 S3-4 Storage Bldg -Framing Plan Sept 2007 0 S3-5 Storage Bldg -Structural Details Sept 2007 0 Mechanical (Bldg #3) M3-1 Storage Bldg -Mechanical Plan Sept 2007 0 Electrical (Bldg #3) E3-1 Storage Bldg -Lighting Plan Sept 2007 0 E3-2 Storage Bldg -Electrical Plan Sept 2007 0 E3-3 Storage Bldg -Notes & Riser Sept 2007 0 Plumbing (Bldg #3) P3-1 Storage Bldg -Plumbing Plan Sept 2007 0 Specifications CSI Divisions 01 thru 03; 05 thru 12; 14; 16 Oct 12, 2007 0 Geotechnical Geotechnical Engineering Study -Tierra File #6611-07-129 Mar 29, 2007 0 2007_10_19_Exhibit B_DMBC page 5 of 5 Contents Delray Miller Baseball Complex 100%CD GMP CDB #2006-052; KHA #044300009; TWC #F106902 February 1, 2008 SECTION 8: 2008_02_Ol_Tab DMBC (8) Page 1 of 1 0 a~ a I\ Q ~ ~ V N ~•+ m G1 ~ s~ `V _O LL U C O U N Q x ~~..~ 0 N M T O L O ++ N ~ 0 M T ~y i v ~ ~ i in ~ _ ~ o L Q U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C'7 N T ~ ~ ~ ~ ~ ~ ~ ~ ~ K} T T T T K} rn 0 N N O 61 O N_ T 0 0 N N T 0 N_ T T U m I 3 0 UI 0 N 0 N MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: February 29, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 REQUEST FOR QUALIFICATIONS (RFQ)/REAL ESTATE BROKERAGE AND MARKETING SERVICES/OLD SCHOOL SQUARE RETAIL SPACE ITEM BEFORE COMMISSION The item before the Commission is an RFQ for commercial retail real estate brokerage and marketing services for the Old School Square retail space. BACKGROUND The City Commission previously decided to go out for an RFQ for real-estate brokerage services if the current leads were not productive. The leads have not been active. This RFQ provides for a committee to be appointed by the City Manager to interview, rank and give a recommendation to the Commission as to which broker or brokers has the experience and qualifications to perform the services required to obtain a market for the site. The committee will assess experience and track record of successful sales; ability to bring a market to the site; proposed approach and marketing strategy; overall responsiveness to the RFQ; and the broker's rate schedule and fee and cost proposal. The anticipated time line is to distribute and advertise the City's RFQ by March l ltr' or sooner, giving proposers until April 11, 2008 to respond. The City will conduct a walk through of the site on March 21st. The RFQ as drafted anticipates the selection of one or more brokers. A time frame for the consultant's contract needs to be determined. Also, we need direction as to whether you want us to state that all costs and fees will be born by buyer in the RFQ. The sample purchase and sale agreement requires the buyer to pay all fees and costs and allows the use of the deposit to build the wall needed to separate the Chamber space from the retail space. FUNDING SOURCE N/A RECOMMENDATION Direction REQUEST FOR QUALIFIC~ITIONS OLD SCHOOL SQUARE PARKING GARAGE RETAIL SPACE REQUEST FOR QUALIFICATIONS RFQ # REAL ESTATE MARKETING AND BROKERAGE SERVICES FOR THE CITY OF DELRAY BEACH The City of Delray Beach ("City") is soliciting Qualifications for Real Estate Marketing and Brokerage Services for the disposition of a portion of real property known as the Old School Square Parking Garage Retail Space located on the corner of N.E. 2R~ Avenue and N.E. 1$t Street in the City of Defray Beach, Florida. All proposals must be received no later than 5:00 p.m. {EST), Friday, April 11, 2008 at the Environmental Services Department located a# 434 S. Swinton Avenue, Delray Beach, FL 33444 and must be submitked in a sealed envelope clearly marked on the outside as RFP # All proposals received prior to or at this time will be logged in the order received. Interested parties may contact Richard Hasko at 434 S. Swinton Avenue, Delray Beach, FL 33444, (561) 243-7336 for additional information or to answer any questlonS. Copies of the plans and specifications may be viewed at the Environmental Services Department at 434 S. Swinton Avenue, Delray Beach, FL 33444. The City of Delray Beach reserves the right to accept andlor reject any andlor all proposers, and to award a contract or multiple con#racts which, in its sole discretion, it determines best serves the interests of the City. By: Richard Hasko, Environmental Services Director Publish: Request for Qualifications for Real Estate MarlFeting and Brokerage Services for the City of Delray Beach Purpose of the Request TIZe Gity of Delray Beach {City} is requesting submission of qualifications {RFQ) to provide commercial retail real estate marketing and brokerage services for the disposition of a portion of real property known as the Old School Square Parking Garage Retail Space located on the corner of N.E 2"d Avenue and N.E. 1St Street in the City of Delray Beach, FL 33444. The City anticipates that the Chamber of Commerce wil[ occupy approximately 6,300 sq. feet, which space is not included in the sale governed by this RFQ.. The remaining approximate 10,aa0 sq. feet, referred to hereafter as the "retail space", is expected to be sold as a condominium and shall be subject to covenants. The City desires to sell the retail space to an entity that desires to establish a gourmet market at the site. There are approximately 540 parking spaces available to the general public at the site that are not part of the property to be sold but are generally available to the general public. The property to be sold has electricity and plumbing available to the site, however, the property will be sold as a shell. The purchaser shall be responsible for build-out. It is also anticipated that the purchaser will be required to pay for a wall to separate the Chamber of Commerce space from the remaining space. The configuration of the space is flexible. Some sample sketches are attached as Exhibit "A1 ". The City will review respondent's. qualifications and select one or more, based on submitted qualifications, to assist the City with the disposition. The City reserves the right to award one contract to a single Broker or to award contracts to multiple Brokers or no contract at all in its sole and absolute discretion after receipt of qualifications, without further discussion. il. Response Time Frame and Other Information Responses to the RFQ are due no later than 5.00 p.m. (EST) Friday, April 11, 200$. The City in releasing this RFQ shall not be obligated to proceed with any action on the RFQ and may decide that it is in the City's best interest to refrain from pursuing any further action. The City will hold a walk through of the site on March 21St so that all proposers will have a chance to view the space. Other plans and information may be obtained or viewed at the Environmental Services Department by calling {561) 243- 7336. All requests for information and questions must be made in writing and received no later than April 7, 20x8 by the Environmental Services Department. Please submit 5 copies of your response to the following address: CITY OF DELRAY BEACH (RFQ} Richard Hasko, Director of Environmental Services Environmental Services 434 S. Swinton Avenue Delray Beach, FL 33444 With a copy to: Susan A. Ruby, Esq. City Attorney 200 N.W. 1st Ave. Delray Beach, 1=1 33444 [11. Response Format Each item in Section V of this RFQ should be specifically addressed. Otherwise, indicate why no response is given. Identify the item to be addressed in the introduction to each response. Additional information may be submitted in the form of an attachment or appendix: lV. Scope of Services The City is interested in contracting for full Commercial Real Es#ate Brokerage and Marketing Services for the Retail Space" which include, but are not limited to: 1. Sale of the City owned real property known as the Old School Square "Retail Space". 2. Marketing of "Retail Space". 3. Negotiations and procurement of contracts for purchase and sale and document development for "Retail Space". 4. Extensive hands on and diligent pursuit of sale V. Proposal Content A. Generallnformation Provide information regarding the organization and structure of the firm including, but not limited to: 2 ~ . History of the firm, including the year organized: 2. Number of ofFces located in vicinity of the- City of Delray Beach: 3. Location of office(s) and brief description of support staff: 4. Resume including licensing and certifications: B. Experience Provide information regarding the experience of the firm including, but not limited to: 9 . Summary of work experience that demonstrates knowledge and experience in commercial real estate. sales and marketing: 2. Attach a descriptive list of work, i~ any, completed with a public agency in the-last five years: 3. Please describe your experience as areal-estate professional in the acquisition or sale of a grocery store, market or Gourmet Market. 4. Provide three letters of recommendation: C. Work Plan: Provide plan description of how you would proceed and describe the amount of time you expect that it will take to secure a buyer and ciose on the property. D. Provide a description of the firm's strategy to market and sell targeted property: 4 E. Provide documentation ofi S#anding and Licensing, which shall include all of the following: 1. Documentation that the firm is authorized tv do business in Florida, 2. Copy of the firm's Florida real estate broker's license. F. Cost of Services The response shall include the fees for commercial real estate marketinglbrokerage services as described herein. Fees for costs and expenses should also be included. The City reserves the right to negotiate modifications to the fee and cost schedule submitted by the respondent. All agreements are subject to review and approval by the City. Vl, Property Information Additional information regarding the properfiies that is anticipated to be needed for marketing the property is attached as Exhibit "A". All questions and responses shall be submitted in writing and will be made available to all applicants up to April 7, 2.848. The plans may be viewed at 434 S. Swinton Avenue upon request by contacting Richard Hasko, Director of Environmental Services at (5fi1 } 243-7336. VII. Open Records Information submitted to the City is public information and is available upon request in accordance with the Florida Public Records Act. VIII, City Standard Form of Consultant Agreement Also enclosed, as Exhibit "B", is a copy of the City's standard form of contract for professional services. Take note of the specific provisions in our s#andard contract and confirm that these terms are acceptable. Ire particular, please take note of the insurance requirements detailed in Paragraph No, 8. Be sure to review your current insurance policy and verify that your firm's coverage meets these minimum. requirements. You will be required to provide insurance certificates before entering into a contract with the City. 1X. Contract Period Real Estate Commercial Brokerage and Marketing Services shall commence upon execution of the contract for consultant services. The term of the contract shall be for a period of six months, The City will have the right, at its sole option, to renegotiate the contract for up to one (1 } or more extensions. This option may be exercised at the end of the first contract period, In the event that the City exercises such rights, all terms and condition of the original contract will remain the same and shall apply during the extension period(s). The City reserves the right to accept or reject all contracts which in its sole discretion, for any reason or no reason the City determines is in its best interest. X. Costs Incurred in Responding Ali costs directly or indirectly related to the preparation of a response to this RFQ shall be the sole responsibility of and shall be borne by the firm. XI. Selected Respondents May Be Invited to an Interview A committee appointed by the City Manager or his designee will rank the responses and make a recommendation for the most qualified responders based on the following criteria: 1. Experience: Demonstrated Commercial Real Estate Brokerage and Marketing experience, and history of successful marketing campaigns and commercial sales. 2. Gourmet market: The City is most interested in securing a gourmet marke# for the site. Those that the City deems in its .sole and absolute discretion to have the best chance of securing a gourmet market at the site shall be given priority. 3. Consultants proposed approach and marketing strategy. 4. Overall quality of proposal and responsiveness to RFQ. 5. Consultant's rate schedule and fee and cost proposal. 6 EXHIBIT A Property Informatioh 1. Sketch dated 10-23-2008 of Unit 1condominium-retail space and Sketch dated 8!24107 which shows other possible configurations with the Chamber occupying fi,309 sq. ft. at the far western corner facing N.E. 1 st Avenue 2. Appraisal dated June 19, 2007 -Anderson and Carr 3. Sample contract for sale and purchase 4. Sample covenants '7 OLD SCHOOL SQUARE GARAGE CONDOM1NlUM LIMITS OF UNITS N NORTH 20' 15 1Q' S D 10' 2D' GRAPHIC SCALE IN FEET ~ N ,~ Np7'~: DISTANCES SHOWN HEREON V1lERE DERIVED FRDM ARCHITECTURE PLANS PREPARED BY PGAL ,- ARGH[TECTURE UNDER PGAL PROJECT NO. 718-44D74..DD, DATE OF ISSUE 4!12106. THESE o DISTANCES WERE FIEtD VERIFIED 10!'15107 UNDER W.O. 15396.11D AND SAID DISTANCES WERE FOUND TO BE ~ WITHIN 0.2t' OF THE DIMENSIONING SHOWN HEREON lNDICATE5 SERVICE CORRIDQR EASEMENT AREA O INDICATES LOCATION OF THE ELEVATION AT THE BOTTOM ~~1,111111 DF THE STRUCTURAL BEAM WITHIN THE UNIT, SEE VERTICAL BOUNDARY SHEET B OF 10 ~ 0 T QQ Z 111~11111Iltlllll l~-i uliiilllllu itl lllulillillu ~^~ __ - Z _ _ -~i i11 X11 i'II \ VIf~VVI VfY1L ~~ BEAM r 60.1T .58' 7 1. m 4.58' h ~ 0.58' AQ} pNp"" ~r S O 2.00' o ~ T V ~~. BEAM 75,81' 1524' ~ [off a `Q 5.83' 4:r o m 14.58' '$ 0.58'. 2.00' ~.~ - q~q R pp Apof 4l O W .+ N r 0 C 1 .°'_, ~ Z I ,±~» ~ N ~ v ~ N N p pp ~ 8 40 ~ ~ 75' 200'N ~ 16 2.00' 23.41 O . I y~$ p ~ ~ -i rn ~ ¢ w ~ + ~ ~ ~ § ~ 0 ~ $ ~ ~ ~ c ° m ~ ~ n +~s O 18.75' Q 98.00' 23.41' 35.42' ~ ° 1~ -- Helfer -Weaver and S~eremeta inc , _ , . owawrr ev: w.ROU.~ - - Engineers ... Surveyors and Mappers ' cHet~osY: n.wuc ' 310 S.E 1st Sheet, 5usle 4 Defray Beach, F Iofda 83483 5 DF 10 a~as~.o '-e. No. (561} 243$7DD ~ Phane {561} 2438777 -Fax FEE No. 87-15396,110SS5 6'FE~EE ~ ~~~~~~~ ~~ ~ ~ ~ o $ ~ ~ ~ ~ ++nrRw~w N !1! 1~ W ~ o ~ N O z 4 c ti T J N 0 ~ ~ ~~~~ ^® ^^~ 0 C ti APPRAISAL OF THE OLD SCHOOL SQUARE PARKING GARAGE COMMERCIAL CONDOMINIUM UNITS LOCATED AT THE SOUTHWEST CORNER OF PINEAPPLE GROVE WAY AND NORTHEAST I~ STREET DELRAY BEACH, FLORIDA FOR CITY OF DELRAY BEACH BY ROBERT B. BANTING, MAI, SRA STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ4 GARY K. ORR STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ2335 WITH ANDERSON & CARR, INC. 521 SOUTH ULIVE AVENUE WEST PALM BEACH, FLORIDA 334.0]. DATE OF PROSPECTIVE VALUE: OCTOBER 1S, 2007 DATE OF INSPECTION: MAY 22,.2007 DATE OF REPORT: JUNE 19, 2007 FILE NO.: 27037.000 gate-C:ertlited Genera] Rea! Estate Appraiser RZ4 51ate~Certificd. Genera] Real Estate Appraiser R,Z] 190 ,~IVDF~SCN & CAI~1~, INC. (~IXKUKKd(KKQC<(KKKIX4CKIXNK«C[KKK4(C(K4C(IKtCIXIXKK Appraisers • Realtors »~~»»»v»saga»»»»»»»»»~»~»»»b»n»»n»»u>a»»»»~ SZi SOUTH OLIVE AV1;NU> WEST PALM B1;ACH, FLOiiIDA 33441 www.anderspricarr.cam Telephone (581) 833=1661 Fax (561) 833-0234 June 19, 20(}7 Susan A. Ruby, City Attorney City of Delray Beach 200 Northwest 1a` Avenue Delray Beach, Florida 33444 Dear Ms. Ruby: Qelrty c~ervrce ~r~ce 194? At your request, we have appraised the Old School Square Parking Garage commercial condominium units located at the southwest corner of Pineapple Grove Way and Northeast lsz Street in downtown Delray Beach, Florida. The purpose of this appraisal is to estimate the prospective market value, fee simple estate, as completed with a shell finish, of the subject units, as of October 1S, 2007. The intended. use of this report is for disposition considerations. The intended user of this report is the client, the City of Delray Beach. At the clients request we are valuing the units individually, a bulk sale value of aII nine units, and a bulk sale value of units 1, 2, 3, and 4. The subject consists of nine commercial condominium units on the ground floor of the Old School Square Parking Garage now under construction with a planned completion date of October 2007. We have. assumed completion of the subject project in a workman like manner in mid October 2007. The commercial units range from 1.,204 square feet to 3,445 square feet. All nine total 16,753 square feet. The property is located in Pineapple Grove, a quaint, mixed use, shopping and living extension of the popular downtown Delray Beach. Unit 1, 2, 3, 4, and 5 face Northeast 1st Street while premium units b, 7, $ and 4 face Pineapple Grove Way. Intentions are for sale of the subject units as a shell with no interior finish and we have valued the bays accordingly. The parking garage will contain 540 spaces and is planned far public use with no parking fees. None are being sold with the units or assigned for specific unit use. Due to the amount of parking in the garage and two other recently completed parking garages nearby parking for the subject units should be sufficient. We have concluded a prospective market value for the subject Northeast 15` Street bays of $300 per square foot and $325 per square foot for the Pineapple Grove Way units. We have concluded that a 10 percent discount is appropriate for bulk sales of four or five. units. A bulk value for the sale of all the units has also been analyzed. ANDERSON & CAQR, INC. Susan A. Ruby, City Attorney City of Delray Beach .Tune 19, 2007 As a result of our analysis, we have developed. an opinion that the prospective market values of the subject units,. as completed with a shell fuush (as defined in the report}, subject to the definitions, certifications, assumptions, limiting conditions,. as set forth in the attached report, as of October 15, 2007, was: INDIVIDUAL UNIT VALUES Unit 1: $565,000 Unit 4: $580,000 Unit 7: $500,000 Unit 2: $390,000 Unit S: $415,000 Unit 8: $510,000 Unit 3: $360,000 Unit 6: $1,20,000 Unit 9: $810,000 (Undiscounted Total of $5,250,000 ! .$313 Sq. Ft.) BULK SALE VALUES Units 1, 2, 3, & 4: $1,700,000 All Nine Units: $3,600,000 ($269 Sq. Ft.) ($215 Sq. Ft.} The following presents the appraisal in a summary report. This letter must remain attached to the report, which contains 5U pages; in order for the value opinion set forth to be considered valid. Your attention is directed to the Assumptions and Limiting Conditions, which follow. Respectfully submitted, ANDERSON & CARR, INC. Robert B. Banting, M.AI, SRA State-Certified General Real Estate Appraiser RZA~ ~,~-- Gary K. Cgrr State-Certified General Real Estate Appraiser RZ2 RBB/GKO: agp ii ANDERSChI & CARR, ANC. TABLE OF CONTENTS Page No. Summary Of Important Facts And Conclusions ..................................................... l Certification .................................................... ............................................................ 3 Assumptions And Limiting Conditians ....................................................................4 Subject Property Photos .............................................................................................7 Satellite Lmages ........................................................................... ..........................12 Plat Map .............. ..................................................................................................14 Purpose And Date Of Appraisal .............................................................................15 Property Appraised ..................................................................................................15 Legal Description ................................... ..............................................................15 Client .......................................................................................................................16 Intended Use And User .............................................. .........................................16 .... Scope Of Assignment /Work ..................................................................................1G Property Rights Appraised ....................................................................... ...........17 Definition Of Market Value ..............................................................:.....................17 Natural, Cultural, Recreational . ............................................................................17 Historical Or Scientific Significance .......................................................................17 Neighborhood Data ......................................................................:...........................1$ Property Data.. ...................................................................................::::.::.................23 Owner Of Record ..................................................... _ ..................................23 Palm Beach County Property Control Number .................................................23 Assessed Value And. Taxes ..................................................................................23 Flood Zone ............. ......................................................._................................23 Census Tract .........................................................................................................23 Utiljties ..................................................................................................................23 Zoning /Land Use Plan .......................................................................................24 Cancurrency ..........................................................................................................24 Sales Histary ........................................................................................................ .25 Site .Analysis ......................................................................... ........................... 25 .... Improvement Analysis .........................................................................................25 Highest And Best Use ..............................................................................................28 The Valuation Process ............................ .............................................................29 Sales Comparison Approach .................................................................................. 30 Summary ................................................................ ............................................. 46 Conclusion ............................................................................................................. 48 Bulk Sale Values..... .................................................................................... ...45 Qualifications for Robert B. Banfiing, M,A,I, SRA, ~~ ce[:;~ea ee~ Rea! ~[~[e ~~a~r RZ4 Qualifications for Gary K. Orr, State ce[a~ed ~nera~ Rtal Fatale ~ Rzza~s ANDF.I~SON & CADR, INC. SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: City of Delray Beach Property Owner: Property Rights Appraised: Special Assumption: Unusual Market Externality: Delray Beach Community Redevelopment Agency Fee Simple Completion of the public parking garage building and subject commercial condominium space. None Location: Southwest corner of Pineapple Grove Way and Northeast IS` Street, Delray Beach, Florida. SitelLand Area: 1.26 Acres Improvements: Nine, ground floor, street front, commercial condominium units totaling 1fi,753 square feet situated in a concrete, tilt-up, four story {plus rpof) 5~0 space parking garage now under construction. Hazardous Waste Conditions: None apparent Zoning: Comprehensive Land Use: Flood Zane & Map Number: Old School Square Historic Arts District and Central Business District Commercial Core Zone `X', Map 125102-0004-D, Dated January 5, 1989. 1 .AlVDE1~S~N & CARR, INC. Current Use: Commercial Condominium (under construetian) Highest and Best Use: Commercial Condominium Value Conclusions: Cost Approach: N/A Income Capitalization Approach: N/A Sales Comparison Approach: See below Final Value Conclusions: Unit 1: $565,000 Unit 2: $390,000 Unit 3: $360,000 U~tit 4: $580,000 Unit 5: $415,000 Unit 6: $1,124,000 U~ait 7: $500,000 Unit 8: $510,000 Unit 9: $810,000 Bulk Sale Value of Units I through 4: $1,700,000 Bnik Sale Value of All Units: $3,600,000 Date of Prospective Value: October 15, 2007 Date of Report: June 19, 200'1 Date of Inspection: May 22, 2007 Appraisers: Robert B. Banting, MAI State-Certified General Real Estate Appraiser RZ4 Gary K. On State-Certified General Real Estate Appraiser RZ2335 2 I I i I I f 1 1 1 1 Q a a a a a a a a ANDERSON & CARR, ING CERTiFYCATiON I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct, The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upaz- the developing or reporting predetermined results. My compensation far completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion,: the attainment of a stipulated result, or the occurrence 6f a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the .Appraisal Institute which include the ITniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute and the Stake of Florida Division of Real Estate, Florida Real Estate Appraisal Board, relating to review by their duly authorized representatives. As of the date of this report, Robert B. Basting, MAI, SRA has completed the continuing education program of the Appraisal Institute. Robert B. Bantirag and Gary IK. Orr made a personal inspection of the subject property. Erika C. Ness,. State Registered Trainee Real Estate Appraiser RI 20551, provided significant real property appraisal assistance (sales research and analysis) to the person :signing this certification. ..- '` 1 ~~~o Robert B. Basting, MAI, SRA State-Certified General Real Estate Appraiser RZ4 Gary K Orr State-Certified General Real Estate Appraiser RZ2335 3 ANDERSON & CARS?, INC. ASSUMPTIONS AND LIMITING CQNDITIONS 1. Unless otherwise stated, the. value appearing in this appraisal represents our opinion of the market value or the value dehined AS OF THE DATE SPECIFIED. Values of real estate are affected by national and Ioeal economic conditions and consequently will vary with future changes in such conditions. 2. Possession of this report or any copy thereof does not caxry with it the right of publication nor may it be used for other than its intended use. The physical report{s} remains the property of the appraiser for the 'use of the client. The fee being for the. analytical services only. The report may not be used for any purpose by any person or corporation other than the client or the party to whom it is addressed or copied without the written consent of an officer of the appraisal firm of Anderson & Carr, Inc. and the client stated herein, and then only in its entirety. 3. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations efforts, news, sales or other media without written consent and approval of an officer of Anderson & Carr, Inc. and the client raor may any reference be made in such public communication to the Appraisal Lns'tute or the MAI, SRA or SIZPA. designations. 4. The appraiser may not divulge the material contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee, as speei~ed in writing except as may be required by the Appraisal Institute, as they may request in confidence for ethics enforcement or by a court of law or body with the power of subpoena. 5. Liability of Anderson & Carr, Inc, and its employees is limited to the fee collected for the appraisal. There is no accountability or liability to any third party. 5. It is assumed that there are no hidden or unapparent conditions of the property., subsoil, or structures that make it more or less valuable. The. appraiser assumes no responsyhility for such conditions ox the engineering. that might be required to discover these facts. 7. This appraisal is to be used only in its entirety..AII conclusions. and opinions concerning the analysis which are set forth in the report were prepared by the appraisers whose signatures appear on the appraisal report. No change of any item in the. report shall be made by anyone other than the appraiser and the appraiser and .firm shall have no responsibility if any such unauthorized change is made. 4 1 i 1 1 1 1 i 1 i 1 f i i i 1 i 1 ANDERSON & CARR, fNG 8. No responsibility is assumed far matters legal in character or nature, nor matters of survey, nax of any architectural, structural, mechanical, or engineering nature. Na opinion is rendered as to the title, which is presumed to be goad and mezchantable. The property is appraised as if free and clear, unless otherwise stated in particular parts of the repoxt. 9. No responsibility is assumed for accuracy of information furnished by or from others, the clients, his designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data xelied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit. All are considered appropriate for inclusion. to the bes# of our .knowledge and belief. 10. The contract for appraisal,. consultation or analytical service is fulfilled and the total fee payable upon completion. of the. report. The appraiser or those assisting the preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal in full or in part; nor engaged in past- appraisal consultation with client ar third parties, except under separate and special arrangement and at an additional fee. i1. The sketches and maps in this report are included to assist the reader and aze not necessarily to scale. 'V'arious photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status, as of the date of the photos. 12. Unless otherwise stated in this report, the existence of hazardous material, which may or niay not be present an the property, was not observed by the appraiser. The appraiser has no knowledge of 'the existence of such materials on ar in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in ~ialue. No responsibility is assumed far any such conditions, or for any expertise oz engineering knowledge required to discover them. The client is urged to retain an expert in. this field, if desired. 13. The distribution of tlse fatal valuation of this report between land and improvements, ~ any, applies only under the existing program of utilization. The separate valuations far land and building- must not be used in conjunction with any other appraisal, no matter how similar and are invalid if so used. 5 awnEQSON & ca~Q, ANC. 14. No environmental or impact studies, special market studies or analysis, highest. and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise or rescind any of the statements, fuzdings, opinions, values, estianates or conclusions upon any subsequent such study or analysis or previous study or analysis, subsequently becoming known to him. 15. The value estimated in this appraisal report is gross without consideration given to any encumbrance, restriction or question of title, unless specifically defined. The estimatte of value in the appraisal report is not based in whole or in part upon the race, color or national origin of the present owners ar occupants of the properties in the vicinity of the property appraised. 16. This appraisal report has been prepared for the exclusive benefit of the City of Delray Beach for disposal (sale) considerations. It may not be used or relied upon by any other party. Any party who uses or relies upon any inforzn;atian in this report, without the preparer's written consent, does so at his own risk. 17. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible non-compliance with the requirements of the ADA in estimating the value of the praperiy has not been considered. 18. We are valuing the subject condominium units only, not the entire parking garage property. Additionally, we are- estimating a prospective value as if the building were completed as of October 15, 2007 (October 2007 scheduled completion). Also, we are value the subject units with a shell finish (no interior). 19. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS. 6 ANDERSON chic CARR, 1NC. SUBJECT PROPERTY PHOTOS .~~roru~ sic€e view of subyect facing Northeast 1$` Street. ANDERSON & CARR, INC. 1 1 N Subject ground door condominium units facing Pineapple Grove Way. ANDFJ~SON & CARR, INC. v ~Gw iuux~ng narui on rineapple drove Way with the subject on the left. ANDERSON & CARD, NNG View looking west on Northeast 1~ Street with the subject an the Ieft. ANDERSON 8c CARR, INC. LOCATION /AREA MAPS Subject Property I C~- u l ~ i ~~'{ •` '• 1 ~~ Air 'ltmpnwF ~^s~ ~' +,. ii +~ ~ 1 _ S ~ Subject Property -=~~ ~~a~ ~~~ ~'~~ ~ '~ ~~~ ' ' ~ ~ `~~. '~ C~`C' ,~ ~ ~ ,~ , ~~ ANDER50. N & CAQR, ANC. SATELLITE IMAGES ANDERSUN & CARR, INC. .ANDERSON & CARD, INC. PLAT MAP 1 ANDERSON & PARR, ING PURPOSE AND DATE OF APPRAISAL The purpose of this appraisal is to estimate the prospective market value, fee simple estate, of the subject commercial condominium units with a shell finish (no interior), assuming completion, as of Octobex 15, 2Q07 (property inspected on May 22, 2x07 and has a completion schedule of October 20Q7). We aze including values. for each condominium unit, a value for units 1 through 4 as assembled, and a bulk value of all the units. PROPERTY APPRAISED The. subject property consists of nine commercial condominium units situated a# the southwest corner of Pineapple Grove Way and Northeast 1~ Street. The nine units total 16,753 square feet and have a rough finish {dirt floor, exposed ceiling, concrete walls, no interior electrical, and no air conditioning systems). The units are situated on the ground floor of the Old School Square Parking Garage. Units 1 through 5 faces .north fronting on Northeast 1$` Street while unit 7, 8, and 9 face east on Pineapple Grove Way with unit 6 at the corner having exposure on both streets. The Old School Square Parking Garage is a four story building of concrete tilt- up construction with 540 parking space including roof deck parking. The parking garage is to remain public with the subject commercial condominium space to be sold for private use. Each userfpurchaser will. need to complete the interior unit finish for their particular use. PROPERTY DESCRIPTION Units 1 through 9, Old School Square Parking Garage Condominium The preceding description is based. on discussions with the client. The actual form of ownership has yet to be determined. It may be a condominium, cooperative, or lot and block form of ownership. Additionally, the subject units will utilize a common mechanical room. for the complex for their air conditioning equipment, possibly by an easement. Furthermore, the entixe building has a single fire sprinkler system. The pazking garage itself will remain in governmental ownership and public use. 15 ANDERSON & CARR, 1NC. CLIENT City of Delray Beach 24p Northwest 1g` Avenue Delray Beach,. Florida 33444 INTENDED USE AND USER The intended use of this report is for disposition considerations. The intended user of this report is the client, the City of Delray Beach. This report has been prepared utilizing generally accepted appraisal guidelines, techniques, and methodologies as contained within. the Unuform Standard of Professional Practice (USPAP}, as promulgated by the Appraisal Foundation. As State-Certified Appraisers, we are bound by these standards and regulated by the Florida Real Estate Appraisal Board of the Florida Department of Professional Regulation. SCOPE OF ASSIGNMENT 1 WORK In keeping with the puxpose of the appraisal and the appraisal process, the appraisers have engaged in original research to provide. a complete analysis for the client. Data from analysis has been gathered front various sources, such a.s the Palm Beach County Public Records, First American Real Estate Solutions, Costar Group, county and local planning &. zoning departments, local realtors, property owners, and other appraisal offices. The product of our research and analysis is formulated within this report for analysis of and direct comparison. with the subject property being appraised. Additionally, we have used original research performed in preparation of other appraisals by this office, which. is considered appropriate for the subject property. The City of Delray Beach is planning on selling the subject commercial condominium units upon completion of the new garage building. A civic origination (Chamber of Commerce} is planning on occupying Unit 1 through 4 and the remaining units sold individually. However, all the units may be sold to a single investor. Therefore, they have requested a individual unit values, a value of Units T though 4 as assembled, and a bulk value of all nine units. Thus, our analysis and conclusions will xeflect these scenarios. This appraisal is presented in a summary report. l,b ANDERSON & CARR, INC. PROPERTY RIGHTS APPRAISED Fee simple estate is defined as absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of ta~cation, eminent. domain, police power, and escheat. Source: The Dictio,~ary ofReal Estate Appraisal, F. ourth Edi#ion, American Institute of Real Estate.Appraisers, 2002, Pg 113. In this case, the fee simple ownership is for the subject commercial units under whichever ownership form is finally established (condominium, cooperative, lot and block}. Additionally, there will most likely be other restrictions such as use (such as no community offensive stores or shops) and store front design, painting, etc. DEFINITION OF MARKET VALUE The most probable price which a properly should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller .each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated; buyer and seller are well informed or well advised, and acting in what. they consider their best interest; a reasonable time is allowed for exposure in the open market; Payment is made in cash in U. S. dollars or in terms of financial arrangements comparable thereto; and the price represents normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Source: 12 C.F.R. Part 34.42 (g); SS lJederal Register 34696, Augus# 24,1990, as amended at S7 Federal Regis#er 12202, Apri19,1992; S9 Federal Register 29499, 3une 7,1994. NATURAL, CULTURAL, RECREATIONAL, HISTORICAL OR SCIENTIFIC SIGNIFICANCE To the best of our knowledge the subject property does not passers any natural, cultural, recreational, or scientifiic value. If this assumption is incorrect and the subject property does in-fact exhibit any of these values the appraiser reserves the right to revise this report. in order to analyze these fac#ors, which may result in a revised estimate of value. 19 ANDERSON & GARB, INC. NEIGHSQRH40D DATA The subject property is located in the- City of Delray Beach in southeastern Palm Beach Cou:~ty. Delray Beach has been one of the county's `hottest' real estate markets and one of the forerunners in downtown revitalization. The subject property is situated within in the downtown core in the Old School Square and Pineapple Grove Ioeale. Pineapple Grove was the original private sector anchor in downtown redevelopment. It was a quaint, trendy four block long strip of small shops, boutiques, restaurants, and nightclubs when first redeveloped. The strip now includes several new upscale mixed use projects with others planned. Total revitalization is nearing. OId School Square. is an historic cultural center and was the original governmental sector in early revitalization of downtown. 18 ANDEQSOTV & CARR, INC. The subject locale is an extension of the East Atlantic Avenue neighborhood, the main, revitalized Delray Beach legacy. Redevelopment of this strip has extended north and south along iTS 1 and westward to 5`~ Avenue. The area includes renovated classic and historic buildings, numerous upscale townhouse projects, and many new governmental facilities. Pineapple Crave Way and East Atlantic Avenue are the premier nightlife and pedestrian Shopping district. Secondary popular streets are those that extend north and of the Avenue. East and west streets are generally neighborhood throughways. The subject commercial units front on Pineapple Grove Way {a fashionable pedestrian strip} and Northeast. 1~` Street (a two lane, one-way downtown bypass road). Pineapple Grove Way is by far the more desirable of the two. The subject, in general, has a desirable location. Across the- street to the east is the Ocean City Lumber Company complex, to the northeast across the intersection is the City Walk complex nearing completion, and across the street to the north is a half black assemblage destined for a new mixed use project. Continued redevelopment of the area is forecasted but at a noticeably slovcrer pace due to mazket conditions. Three main projects are still under development {Coda behind the new library, Astor on Pineapple Grove Way, and Worthing Place on Southeast 3~ Avenue overlooking a park to East Atlantic Avenue) with two more planned projects (Cannery Row at the north end of Pineapple Grove and another on the old. lzbrary site). A few smaller projects are also planned {Mueller mixed use building - 19 Southeast ~°d Street, St. Georges Suites -six room hotel in the 200 block of Pineapple Grove Way,. and Sundt' House - residential inn on South Swinton Avenue}. However, at least one major project, (The Strand) was canceled with the land resold. Currently widespread property purchases for assemblage and redevelopment has moxe or less stopped. The residential market has declined dramatically aver the recent past. However, the commercial and industrial market has remained more resilient in the face of general overall declining economic conditions. Overall, the real estate market may worsen prior to a future upswing. 19 .Ah1DERSOPf & CARQ, INC. According to the nationally recognized real estate information company, Costar, in their First Quarter 2007 publications, the retail and office markets in south Florida remain strong. In the retail market, activity and sale prices rebounded from a slump in .late 2005 and early 200G and occupancy remained high with a 3.7 percent vacancy rate. However, construction starts may begin outpacing demand as pre-leasing percentages are down slightly and there is a lot of new projects still coming on Tine. Costar South Florida Retail Maxket Statistics: S~5 ANALxSIS BY glllLnlNlG SIZE r..~ ~.. stir rau~~._.~ ~.._ ~E lao 3 $~ t:na w p 7~L" :1'G' ~ ~ :ms ,'~I}I ~ SOS :W6 ~i6 Z9 dC 1q h =a h :q ~9 ]O ~q ww. u6LfCCn1lA? U.S. PRIC~/SF Co?NPARI54N &assd on RstaH CkiMR~t Sslss d 45.060 SF snd Lawaar ~sssnwr~ ~.e i ~jUAi]OSF 515 ~ A13Ra16O f 7,39q>197956 ~ S 1b79o ~ 693% 5ow2a9¢3P i Q ' i;8O5,7F7 ~ l 5 Atun.li3~at:` S t63:2t i (.9D: ~wasvtcss I a I ij I fi sgs,rss'* i f s s+sakipoo; s slaw i YlWKSF - I ~S I.T.S. CAP R4T€ COMi'ARIS4l+( Saved an Mlan t~tld6te Sa1as s11S,000 SF aad Lana,r ~sw~6~Mh --.1. ~ ~1s n e~ ioon 8C% 3 ~.~ _ ~~ ~~ s~~~~~~~~~~ HISrORiCALDELIVERIES 49i]-aoaT rae ~__..~ QO~'• Ai+npD'Yr.r.dss ~ sa ~' f sa T^ ~o ~ :7i i~ 'w ~ sD .°~i - '~Y. ;~ as " ' a.! ~ .~ = a.G ~. ~ ~ ~ ti ' _ C T T ~ ~ g - ~ ~~ J~: 1 ~ 5~ ~ 1 ~ a ~ f4 'd 'r3 K s i ~ oe r~ - Y ~~~, ;~ ~~~', r~ ids tvaf twu .~ nsa >`®7 196t- ~ trio ts~i t_~x 1~99T r_sa t~ ~sss tv7 is~e Ts"! Sea ;~ au3 704.:zcs :ra; ;t+a6 svc+ 'cw~~[afarne'...i Iw~I+I'w.wd.WOenrn.rRUKrelv.Gq.~lu..g, zo SnLCS V4LIJaIE ~ PRIGE Based ae RaSal1 &dldns Sale at 73.OF1Q SF and Later CS+IgWReir ~4i'ksr5! q;a i~ ANDERSON & CARR, 1ND. ItEC~Nr D~~.tv~~rs Lassad li un-t,gsad SF m wefrailaa sofa. 79~ GWW 6i4{~s s,a +9. +a 34 a sa 'i .}20 19 iG as p~ Ism :ow ~ ;mac x~ x..n cssa.rn...a• FUTURE DEY.tv~ES lyd.asad a uawuasad 5F>b w.yer_nos Sepadulte to GaBvar ~.iw.a Qu..t..n~ sam 2spp ~=0m _ 3 iEap imp ~ a~_ ~ ~ ~~. xm'3i OaW?R PEOfV :Oe9 is iq.mc~rw....,s In the Delray Beach office market new product is outpacing absorption with a moderate decrease in occupancy and rental rates. costar 1~elra t3each Utrice Market statistics SALES VOLUME St PRYCE SALES 1~IA.L1fSiS Bil $[1ILDING SIZE tasrd aii Bati6 Bai14rn Soiaa of 13,000 SF and Lasdat Based an ItalaN Bdl$i Sales ~ laic. 2096 • Dec. 7906 ©SiWr~er ~- a b `s spwa+~sF ~ xsosrro; s ti,ti~~x9s~e I s saiu s9o~ 24pK4A'lK.SF I 1 3 9p;,7g3 i S MsPapNin S 964Af ~ - f i LI.S. ~RICF/SF COMPARISON U.S. CLIP RBiT£ COMPARISON Based as RelaB BWIdInR Sales isf 15,009 SF aid Earner Based ao BaW[ BLdMeB Sales e! 15,909 5F aigl LaiB~a- ~S~df~Fiui11 ~Y6 i.M Li9p i;50 k~3p P sp i9p i~ sro .-.~~_.. ~ .-""~1 i'A ----~-'~-~------ GO ~` P :t~~ :307 7CQ! 1CG 70.'i .^Dpi AYS ]'7p~ dMX _2'Gi SLfr:[6WfCd1PS? i~w~C- 21 N h a 2a y Z7 'C 2q W aeo:.. car~caMC. ANDERSON & CARR, INC. During 2005 purchases of commercial condominium units were. primarily by investors and speculators. However, more recently sales have been to owner occupants. This reflects market recognition of degrading market conditions. Tn conclusion, the commercial market remains much stronger that the residential segment, however, with overall mazket and economic factors deteriorating and decreasing absorption rates commercial sellers and landlords must be much more reasonable to remain active. The commercial market in the Delray Beach downtown core has slowed but occupancy rates appear high. The Atlantic Gave commercial space, several years old, still has not all been built out and occupied,. the Coda commercial space has been put on hold, the. Sundy House expansion is not materializing as planned, and one remaining commercial bay in the Astor project has attracted little activity. Space on East Atlantic Avenue is still scarce but turnover axe noticeable. General mazket conditions may worsen prior to a future upswing within the continuing fluctuating economy. 22 .~oERSOw ~ c~oQ, ANC. PROPERTY DATA Owner of Record Delray Beach Community Redevelopment Agency Palm Beach County Property Control Number Part of: 12-43-46-16-O1-q76-0010 Assessed Value and Taxes The subject property is currently assessed as vacant land and part of a larger tract, the entire parl~ing garage site. The Palm Beach County Property Appraisers office states the tract is 1.26 acres with an assessed value of $650,000. The Delray Beach CRA does not pay ad valorem taxes but is assessed non-ad valorem takes of $210 for 2006. Future assessments and. taxes for the subject commercial units will be in keeping with marl~et.norms. Flood 7.one The subject property was found to be located on the National Flood Insurance Program Map, Community Panel Number 125102-0004-D dated January 5, 19$9. This map depicts that the subject lots are situated within an area designated as Flood Zone "X". Census Tract The subject property is located within Census Tract 0065.02. Utilities The subject property has all customary public utilitiE 23 ANDERSON & CARR, xNC. Zoning /Land Use PIan The subject parking. garage complex is located. within an area of the City of Boynton Beach. It has split CBD (Central Business District) and OSSHAD (Old School Square Historic Arts District) zoning with an underlying and corresponding CC (Commercial Core) land use designation. There is also a Downtown Delray Beach Master Plan correlating growth. The area is also within a. Transportation Concurrency Exception Area (TCEA}. The zoning spits the complex east to west with OSSHAD zoning an the west half and CBD zoning over the east half. In general, the CBD zoning allows a very wide variety of office and retail uses in buildings with two to four stories. The regulations also allow residential use with a density of up to 30 units per acre. FAR, site coverage, on-site parking, and such depend on many factors including use, design, and overall project scope. The OSSHAD zoning is very similar to the CBD zoning except commercial uses are generally more restrictive but da include ofhices, .specialty retail shops, an restaurants. Again buildings must be two to four stories with FAR, site coverage, on-site parking, and such depending on 3many factors including use, design, and overall project scope. Parking lots are allowed as a conditional use. The subject commercial condominium units are permitted with uses generally restricted to office or retail. Restaurants, nightclubs, and lounges would also be permitted. The TCEA allows development without regard to the traffic component of Cancurrency regulations. Concurrency Co~acurrency is not an issue- for existing building assuming building is completed), 24 i/ r r ^ r ^ • r • • • ^ • O i N i • f 0 ANDERSON & CARR, INC. Sales History The subject land, including most of the block and several buildings., was assembled by the Cary over a several year period and included condemnation proceedings. None. of the acquisitions would reflect value for the subject condominium units. Site Analysis The Old School Square Parking Garage site is rectangular in shape and has about i95 feet on Pineapple Grave Way with around 265 feet on Northeast lst Street. According to the county property appraisezs office it contains 1.2.6 acres. The land is level with an elevation just above toad grade. It is composed of typical lose south Florida sand. ~ There are no apparent easements or encroachments. affecting value or ~ marketability. t A A public alley that had extended north to south through the tract has been incorporated into the project. lm~rovement Analysis The subject building is a four story. structure currently under construction with a October 2007 planned completion. We are assuzxiing completion and a valuation date of October 15, 2007. The garage building is of pre-manufactured concrete tilt-up skeleton and attached panels with a smooth concrete finish. Decking is of concrete double `T' beams. The .garage entrance is on Pineapple Grove Way and the exait on Northeast ls` Street with ramps to the separate floors inclading roof top parking areas. It contains 540 spaces. The building has a wet fine sprinkler system, two elevatozs, three stair wells, and two bathrooms. Tn addition to the subject commercial units it has a small police sub-station office, parking garage office, mechanical rooms, and .storage room. 25 ANDF)[~SON & CAR1~, INC. The subject comrercial units are all on the first floor fronting Pineapple Grove Way and Northeast 19C Street. They have a glass store front design, covered. paverbrick front walk, rear service (corridor) entrance, and 16± foot clear height. The units will be sold with an unfinished interior consisting of dirt floor, exposed concrete `T' beam ceiling, and fire rated walls between. This is camrnon for first floor commercial condominium units with purchasers finishing the interior to suit their needs. The planned commercial unit layout is for nine bays. However, in most cases units are. combined fox larger suites as needed. Ownership of the subject commercial units will not include owned or assigned parking. Private. parking, per unit or strictly for the complex, is generally included in commercial condominiums. However, off-site parking for East Atlantic Avenue and Pineapple Grove is common and there and many free public parking lots downtown; with the completion of the subject parking garage and the newly finished Library parking garage the amount of nearby parking has been greatly enhanced. Additionally, street parking is free. Unit dimensions (approximate), sizes, and location follows. OLD SCHOOL SQUARE PAR KING GARAGE COMMERCIAL SPACE Unit Dimensions S . Ft. Location 1 35 x 54' 1,$80 NE 1st Street 2 24 x 54' 1,240 NE 1st Street 3 23 x 54' 1,204 NE 1st Street 4 36 x 54' 1,935 NE 1st Street 5 26 x 54' 1,382 *,~ ,~~ ~~_~--~ 6 59 x 49' 3,445 C~ 7 26 x 60' 1,550 S 25 x 64' 1,573 9 42 x 64' 2,494 Total 16,753 The building and unit layout follows. 26 w t • • ANDE1~50N & CARR, ING 27 ANDERSON & CARR, INC. HIGHEST AND BEST USE "Highest and Best Use" maybe defined as the reasonably probable and 1ega1 use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility,. financial feasibility; and maximum profitability. Source: 'The Dictianary of Real Estate Appraisal, Fourth Edition, 2(}Q2, Appraisal Institute, pg. 135. Because of the condominium farm of ownership with the subject units representing only a portion of the projec# the highest and best use of the land as if vacant is not applicable. Use of the subject commercial units as improved {subject to campletion) is limited to retail or affice purposes. Supply and demand for this type of space in downtown Delray Beach had been out of balance with demand outpacing supply. I iorvever, mare recently demand has decreased following the general market `slow down'. Demand and supply appear to be more in balance. at this time as evidenced by strong occupancy levels and reduced supply with fewer projects planned and several postponed. It may or may not be financially feasible to construct new commercial space at this time. However, this is immaterial as the subject units are existing {nearing completion). Physically the subject units are well designed with adequate ceiling height and solid construction. The layout is adequate with all units having conuraercial frontage. Unit sizes allow various uses and bays can be combined as r~varranted. The highest and best use of the subject condominium units is for commercial use. 28 r i i • • i • • w ANDERSON & CAQR, INC. THE VALUATION PROCESS Generally, the appraiser uses three- approaches to value in estimating the market value of a particular property. These approaches are the Cost Approach, the Income Capitalization .Approach, and the Sales Comparison Approach. In this case, the only applicable: approach is the Sales Comparison Approach. The Cost Approach is not applicable due to the condominium form of ownership. The Income Capitalization Approach is not applicable as the subject units have only a rough finish. Leasing of the subject would be open to many variables such as finish allowance,., quality of finish,. and type of finish; all factors that would influence a lease rate. Additionally,. it does not appear that the subject units would be purchased strictly for their income potential. Investment purchases have dramatically decreased and owner occupancy is more the market norm. If a net zental rate of $30 per square foot per year is applied an annual income of $500,000 is reflected. Using a 5 percent vacancy rate with 10 percent. expenses not passed through an annual net income of $427,500 is calculated. Overall Capitalization Rates have been increasing recently with the softening real estate market anal an investor would be cautious. Using an OAR of ~% a value of $4,750,000 is indicated. However,. the units would need. basic interior finish estimated at around $75 per square foot or an allowance of $I,260,DOD. This decreases the value to $3,490,000 or $208 per square foot. We will. show that the value of the subject units is much greater than this supporting the subject's potential for owner occupant purchases of small units,. most common in this market. The omission of the Cost and Income Capitalization Approaches is not considered misleading to the client or necessary for a creditable estimate of value. 24 ANlQE1~SON & CAI~21~, INC. SALES COMPARISON APPROACH A search of various County Official Records, local multiple listing service records, discussions with local brokers and appraisers and a personal inspection of the subject area produced several sales for comparison with the subject. We Researched many commercial condominium projects in downtown Delray Beach and have utilized the most recent sales as representative of the subject market. The elements of comparison include date of sale, conditions of .sale, location, financing, size, finish, parking, and exposure. The measure of comparison among the comparable sales is the sale price per square foot, as this method is easy to understand, reflects a correlation between sales, and is commonly used by participants in this: market segment. Vie then reconciled the comparables value indications to reach a value indication for the subject.. The data is summarized on the following pages, and the analysis follows. 30 ANDERSON & GARi~, INC. SALE NO. 1-185 Northeast 4th Avenue, #103, Delray Beach, Florida Grantor: City Center Development, LLC Grantee: Mare and Cheran Allocco Legal: Unit No. 103, Ocean City Lofts, OR Book 18380, Page Ob88, Palm Beach County,. Florida Parcel No.: 12-43-46-15-H9-002-1030 Project Location: East and west sides of Northeast 4`~ Avenue at Northeast 2°~ Street two blocks north of East Atlantic Avenue and one block west of Federal Highway, Delray Beach. Zoning: CBD -Central Business District by City of Delray Beach Land Use Plan: CC --Commercial Care by City of Delray Beach 31 VK ~ooK 1t54Jb, rage 101 Deed Dated April 7, 2005 ANDERSON & CARR, INC. Utilities: mater and sewer Project: Two phase development containing two three and four story buildings with first floor office /retail and under building parking. built in 2005. Upper floors contain 63 residential units. Unit: A first floor, commercial condominium unit having 1,174 square feet with glass retail frontage. Sales Price: $336.,000 Price/SF Unit: $286.20 Financing: $220,000 mortgage with Palm Beach County Bank Comments: This sale is part of a new mixed use complex, Ocean City Lofts. The unit sold while the project was under construction and was under contract for about six months. Developer delivered a vanilla finish for owner occupancy of Surf & SKB, abeach-surfboard-skate shop. Sale and data verified with Bob Rinaldi with More Property Management, the firm handling sales for the developer, on ?une 21, 2006. This property is curreatly vacant and available (May 24, 2007). According to Cheran Allocco the property is fox sale with an askinn price of $549,000 or $468 per square-foot or for lease at a rate of $3,000 per month or $30.66 per square foot annually on a net basis. (gko, ecn) ~z ANDERSON & CA1~~, 1NC. SALE N0.2 - 285 Northeast 4th Avenue, #101 & 102, Delray Beach. Florida Grantor: City Center DeveIapment, LLC Grantee: 101E Ocean City Lofts, LLC Legal: Unit No.'s 102 and 102, Ocean City Lofts, OR Baok 1.8380, Page.0688, Palm Beach County, Florida Parcel No.; 12-43-46-16-H9-002-1010 and 2020 Project Location: East and west sides of Northeast 4th Avenue at Northeast 2nd Street two blocks north of East Atlantic Avenue and one block west of Federal Highway, Delray Beach. Zoning: CBD -Central Business District by City of Delray Beach Land Use Plan: CC _ Camzzaercial Core by City of Delray Beach 33 vrc noox taJU !, Yage U441 ~ U44:3 Deeds Dated April 7, 2005 ANDERSON & CARL?,1NC. Utilities: Water and sewer Project: Two phase development containing two three and four story buildings with first floor office 1 retail and under building pazking built in 2005. Upper floors contain 63 residential units. Unit: Two, adjoining; first floor, corner commexcial condominium units totaling 2,463 square feet with glass retail frontage. Sales Price: $706,450 PricelSF : $286.83 Financing: $449,000 mortgage with HSBC Bank Comments: This sale is part of a new mixed use complex, Ocean City Lofts. The two units sold while the project was under construction and was under contract for about six months. Developer delivered a vanilla finish and the buyer, Patricia Saffer, has combined the: units into one retail bay for owner occupancy of Synergy Systems Scandinavian, a gym equipment firm, Sale and data verified with Bob Rinaldi with More Property Management, the firm handling sales for the developer, on rune 21, 2005. According to the owner, Seller Coz, on May 23, 2007, the gym equipment firm had rnoved and the property was recently leased to Scan Personal Training Studio for net annual rate of $2S per square foot. (gko,ecn) 34 i i i i e r i i ANDERSON & CARR, INC. SALE N0.3 - 703 Southeast 4`~ .Avenue, #103, Delray Beach, Florida Our File: 260360 -17 Grantor: Fourth Street Studio, LLC Grantee: 103 Knight Group, LLC Legal: Unit No. 103, Downtown Lofts Condorniniurn, OR Book 16992, Page 0087, Palm Beach County, Florida Parce] No.: 12-43-4b-16-HS-000-1030 Project Location: East side of Southeast 4`~ Avenue about two blocks south of East Atlantic Avenue and one block west of Federal Highway, Delray Beach. Zoning: CBD -Central Business District by City of Delray Beach Land Use Plan: CC -Commercial Core by City of Delray Beach 35 ~.~ Uu~x ix~~~, rage r qua Deed Dated August i, 2005 .ANDERSON & CARR, ANC. Utilities: Water and sewer Project: A three story mixed use development eantaining three first floor commercial bays and four upper floor residential units plus rear open parking built in 2044. Unit: A first floor, commercial condominium unit having 886 square feet with glass retail frontage. Sales Price: $340,000 Price/SF Unit: $383.75 Financing: $289,000 mortgage with Bank of America Comments: This .sale is part of a small, new, mixed use complex, Downtown Lofts. The- unit previously sold `pre-construction' and closed in June of 2004 for $225,000 prior to this sale. The interior was a basic vanilla finish wit1~ small office and bath. The buyer .spent approximately $100,000 finishing the interior office space {included furniture and computers, etc.) and is now owner occupied. The buyer indicated a size of 906 square feet but the condanzinium documents state the unit has 886 square feet. We have. used the documented size as this is the same source used for the other sales and. the subject. Sale and data verified with buyer James Knight of the Knight Group, on June 21, 2006. {gka) 36 ANDERSON & CARS, [NC„ SALE N0.4 - 30i West Atlantic Avenue, #02, Delray-Beach, Florida Our File: 260360 -17 Grantor: KM Realty, LLC Grantee: Samuel M. and Doreen Yaffa Legal: Unit No. 02, Atlantic Grove Condominium, OR Book 17071, Page 0861, Palm Beach County, Florida Parcel No.: 12-43-46-17-61-O1S-Q020 Project Location: North side of West Atlantic Avenue between Northwest 3r~ and Northwest 5`'~ Avenues lust west of Swinton Avenue, Delray Beach. Zoning: GC - General Cornmerciai and the West Atlantic (Redevelopment) Ovearlay by City of Delray Beach Land Use Plan.: CC -Commercial Core by City of Delray Beach 37 OR Book 19278, Page 0113 Deed Dated September 19, 2005 ANDERSON & CARR, INC. Utilities: Water and sewer Project: A mined use development containing two three-.story commerciauresidential buildings (lst floor retail, 2nd floor offices, 3~d floor residential) plus eight two story, row townhanse buildings captaining 55 residences. Commercial buildings completed in 2004, residential ones ip 2405. Unit: A second floor, commercial office condominium unit having 1,094 square feet. Sales Price: $335,000 PricelSF Unit: $306..22 Financing: $335,000 mortgage with Great FIorida Bank Canmments: This sale is part of a new, mixed use complex, Atlantic Grave, located in a formerly degraded area of downtown Delray Beach. New nearby developments (national tennis center, county courthouse annex, main city firehouse, police station, and library), the Atlantic Grave project, and various other conimuniiy projects are noticeably upgrading the locale. This unit was purchased along with. two adjoining units for $723,872 {4,162 square feet I $174 per square foot) in August 2004, The other two units were sold in September 20Q4 ($518,00 ! $284 per square foot) and March 2005 ($353,000 1 $283 per square foot}. This unit sold with a vanilla finish. Sale and data verified with buyer Samuel M. Yaffa, Esquire of Yaffa and Yaffa, P.A. on rune 22, 2006. (gko) i 38 ANDERSON & CARR, INC. SALE NO. S - ~FOI West Atlantic Avenue, #013, Delray Beach, Florida Grantor: SC Holdings, LLC Grantee: Damon Realty, Inc. Legal: Unit No. 013, Atlantic Grove Condominium, QR Book 17071, Page OS61, Fahn Beach County, Florida Parcel No.: 12-43-46-17-61-015-0130 Project Location: North side of West Atlantic Avenue between Northwest 3`d and. Northwest 5x~` Avenues just west of Swinton Avenue, Delray Beach. Zoning: GC - General Conunercial and the West Atlantic (Redevelopment) Overlay by City of Delray Beach Land Use Plan: CC -Commercial Care by City of Delray Beach 39 uK Book 1251.].1, Yage UZSU Deed Dated February 23, 2006 .ANDERSON & CARQ, INC. Utilities; Water and sewer Project: A mixed use development containing two three-story commerciauresidential buildings (1st floor retail, 2nd floor offices, 3rd floor residential) plus eight two story, row townhouse buildings containing 55 residences. Commercial buildings completed in 2004, residential ones in 2005. Unit: A second floor, commercial office condominium unit having 1,22$ square feet. Sales Price: $500,000 Price/SF Unit: $407.17 Financing: $375,000 short term balloon mortgage with CT Capital Comments: This sale is part of a new, mired use complex, Atlantic Grove, located in a formerly degraded area of downtown Delray Beach. New nearby developments (national tennis center, county courthouse annex, main city firehouse, police station, and library), the Atlantic Grove project, .and various other community projects are noticeably upgrading the locale. This unit was purchased along with an adjoining unit for $577,760 (2,349 square feet / $246 per .square foot) in December 2004. This unit was a shell with vanilla finish built out by the buyer. Sale and data verified with Rociale Davis, broker associate with Century 21 Danon Realty, on Sane 21, 20U6. (gko) 40 r r ANDERSON & CARR, ANC. SALE NQ. 6 - 401 West Atlantic Avenue, #R12, Delray Beach, Fiarida Our File: 270317 -17 Grantor: LALD, LLC Grantee: Del Re II, LLC Legal: Unit No. R12, Atlantic Grove Condominium, OR Book 17071, Page 0861, Palm Beach County, Florida Parcel No.: 12-43-46-1'7-:61-018-0120 Project Location: North side of West Atlantic Avenue between Northwest 3r~ and Northwest 5`~ Avenues just west of Swinton Avenue, Delray Beach. ~~g~ GC - General Commercial and the West Atlantic (Redevelopment) Overlay by City of Delray Beach Land Use Plan: CC -Commercial Core by City of Delray Beach 41 ~.~~ ~uUA rv~o~, ra~,~ u~v4 Deed Dated Tune 7, 2006 .ANDERSCfV & CA1~R, INC. Utilities: Water and sewer Project: A mixed use development containing two three-story commercial/residential buildings (1st floor retail, 2~d floor offices, 3rd floor residential) plus eight two story, row townhouse buildings containing 55 residences. Commercial buildings completed in 2004, residential ones in 2005. Unit: A first floor, corner comrnercial office condominium uzuit having 2,24x square feet. Sales Price: $750,000 Price/SF Unit: $334.b7 Financing: Cash Comments: This sale is part of a new, mixed use complex, Atlantic Grove, located in a formerly degraded area of downtown Delray Beach. New nearby developments (national tennis center, county courthouse annex, main city firehouse, police station, and library), the Atlantic Grave project, and various other community projects are noticeably upgrading the locale. This unit was purchased unfinished with no flooring or ceiling for investment purposes. It has reportedly recently been leased for $27 per square foot annually plus $4 per square foot CAM. Sale and data verified with Lilanna Avellan, title attorney on May Z3, 2007 and broker Alberto Siblesz with Southeast Realty Equities on May 24, 2007. (ecn, gko) 42 ANDERSEN & CARR, INC. SALB N0.7 -- 301 West. Atlantic Avenue, #R3A, Delray Beach, Florida Our File: 270317 -17 Grantor: Richard N. Leonard,. Trs. Crrantee: SMK Holdings, Inc. Legal: Unit No. R3A, Atlantic Grave Condominium,. OR Book 17071, Page 0851, Palm Beach County, Florida Parcel Ivo.: 12-43-45-17-61-018-0031 Project. Location: North side of West Atlantic Avenue between Northwest 3rd and Northwest 5~' Avenues just west of Swinton. Avenue; Delray Beach. Zoning: GC -- General Commercial and the WesC Atlantic (Redevelopment) Overlay by City of Delray Beach Land Use Plan: CC -Commercial :Core by City of Delray Beach 43 c.lK fioox Ll'I4y, Page ly7'~ Deed Dated May 15, 200'7 ANDERSON & CARR, ING Utilities: Water and sewer Project: A mixed use development containing two three-story. commercial/residential buildings (1st floor retail, 2'~ floor offices, 3rd floor residential) plus eight two story, row townhouse buildings containing 55 residences. Commercial buildings completed in 20()4, residential ones in 2005. Unit: A first .floor, commercial retail condominium unit having 905 square feet. Sales Price: $275,000 Price/SF Unit; $303.$7 Financing: $150,000 mortgage through Wachovia Bank CommeIItS: This sale is part of a newer, mixed use complex, Atlantic Grove, located in a formerly degraded area of downtown Delray Beach. New nearby developments (national tennis center, county courthouse. annex, main city firehouse, police station, and library), the Atlantic Grove project, and various other community projects are noticeably upgrading. the locale. This unit was purchased from the developer in 2004 and leased to Subway {sandwiches} who built out the interior and still is in occupancy. The property was purchased with. a 9 percent CAP rate; however, the tenant can vacate the premises with only a 30 day written notice. Broker stated property contained 955. square feet but the property appraiser states a size of 906 square feet and the condominium documents reflect a size of 905 square feet, the latter of which we have utilized. Sale and data verified with selling broker Ingrid Kennemer on May 31, 2007. ~~ r i i i i if i i a ANDERSON & CAI~R, INC. CO MMERCIAL CONDO MINI UM SA LES .SUMMARY CHART Sale OR Bk. Project Year Unit Sale Price Per Date Pa a Address Built Use . Ft. Finish Price S . Ft. 1 18456 Ocean City Lofts A r-05 19D1 185 NE 4th Ave. 20f}5 Retail 1,174 Vanilla $336,000 $286 2 18507 Ocean City Lofts A r-D5 0441 185 NE 4th Ave. 2005 Retail 2,463 Vanilla $706,450 $287 3 I9D52 Downtown Lofts An -p5 1705 103 SE 4th Ave: 2004 Office 886 Vanilla $340,000 $384 4 19278 Atlantic Grove Se -05 0113 3D1 W. Atlantic.Ave. 2004 Office 1,094 Vanilla $335,000 $3D6 5 20010 Atlantic Grove F'eb-Ob 1401 4D1 W. Atlantic Ave. 2044 Olfice 1 8 '~ Vanilla. $500 000 ~ $407 6 20583 Atlantic Grove Jun-06 0564 441 W. Atlantic Ave_ 2004 Retail 2;241 Shell $750,000. $335 7 21749 Atlantic Grove Ma -07 1979 301 W. Atlantic Ave. 2004 Retail 9D5 Restaurant $275,OD0 $304 8 Pre-sales Astor -100 Block of 2007 Retail 1'~ Shell $340 SF $36D 2005 C & D Pineapple Grove Way to 2,000 to $38S SF .(Mean) ANDERSON & CARR, INC. In addition to the individual sales we have included in the sales chart data on the preconstruction sales in the Astor development across the street from the subject. This mixed use project will contain 90 residential units with prices in the $500,000 - $600,000 range, all have been presold. It also contains 10,637 square feet of commercial space fronting Pineapple Grove Way. The commercial units range from 969 square feet to 1,988 square feet. All but one unit was been pze- sold about two years ago. Prices range from $340 to $38S per square foot with a mean of $360 per square font. The higher end of the range was for latter sales of premium space. All but one of the units, 1,450 square feet, was purchased for speculation. The last unit, a premium bay, has an asking price of $385 per square foot but has been generating no interest and the developer is now willing to entertain more reasonable offers. This space is being sold similar to the subject with no interior. Summary We have considered all aspects affecting value but the primary factors are date of sale (market conditions), location, and interior finish. The sales reflect values from around $285 per square foot to just over $400 per square foot with a mean of about $335 per square foot. Values were still increasixig in 2005 but moderated and decreased during 2006 and into 2007. The older sales require an adjustment upward during early 2005. However, comparing sales 4, 5, and 6 with sale 7 and the sales in the Astor project with a flegible asking price for the remaining unit indicates that values have been decreasing over the recent past. The data suggests that Ocean City Lofts, Downtown Lofts, Atlantic Grove, and Astor projects have similar locations. Atlantic Crrove has superior exposure but downtown east of Swinton Avenue is a superior location overall. Most of the sales had a basic vanilla finish, which is superior to the subject. Sale 6 had a shell finish like the subject and the .Astor project sales are also unfinished. These sales are all in the $335 per square foot to .$385 per square foot range. In addition to the cozzdominium commercial sales we have information on two recent free standing commercial buildings. 46 ~' '~ p li ANDERSON & CA1~R, IIVC. A two story building at 101 Southeast 2nd Street sold in February 2007 for $1,870,000. We inspected this property for an appraisal in 2005 and are very familiar with its aspects. The 6,823 square foot building constructed in 1967 sold. for almost $275 per square foot. This property included limited parking. Another property at 298 Northeast 6`~ Avenue sold in April 2007. This one story, 2,395 square foot building with parking sold for $750,000 or about. $.315 per square foot. The most comparable sales to the subject are sales b, 7, and 8 {Astor units). These sales reflect a range of about $300 to $360 per square foot for the subject condominium bays. The most desirable subject bays are units 6 through 9 facing Pineapple Grove Way. Units 1 through 5 are less desirable as they are off the main Pineapple Grove strip facing a neighborhood throughway {as opposed to a pedestrian shopping strip). The subject bays range from 2,204 .square feet to 3,553 square feet. The data does not indicate a difference in price due to size fluctuations. Unit 6 is a premium bap on the corner; hawever, it is the large 3,553 square foot bay and most of the exposure is on Northeast 1¢` Street; no premium is warranted for this unit. Our prospective value estimate is as of October 15, 2007. This is predicated on the fact that the value represents a commercial condominium unit that is not actually there as of today. However, a buyer and seller would be willing to enter into a contract today at our value estimates and not expect to close until October, 2007. 'This is common in the industry, No adjustment is warranted for market changes between now and then as no significant changes are expected over the short term. Additionally, this would allow a buyer time to plan, design, and complete the interior as the building is being completed. 47 ANDERSON & CARR, ANC. Conclusion Based on the foregoing we conclude a prospective market value- as of Qctober 16, 2007, as if completed with a shell finish of $300 per square foot for the. Northeast 1" Street bays and $325 per square foot for the Pineapple Grove 'Way units. Individual unit values are as follows. IIVDIVIDUAL UNIT VALUES Unit S . Ft. Value Per S . Ft. Total Rounded To 1 1,880 $300 $564,000 $565,000 2 1,290 $300 $387,000 $390,000 3 1,204 $300 $361,200 $3.60,000 4 1.,935 $300 $580,500 $580,000 5 6 1,382 3,945 $300 $325 $414,600 $1.;119,625 $415,000 $1,120,000 7 1,550 $325 $503,750 $600,000 S 1,573 $325 $511,226 $610,000 9 2,494 $325 $510,550 $810,000 The individual unit values add up to $5,250,000 which equates to an overall value of just over $313 per square foot. This total and overall per square foot value is for reference purposes only and do nat reflect the `bulk sale' value of the units as a whole. Bulk Sale Values In addition to an estimate of the individual unit values the client has requested `bulk sale' values for units 1 through 4, which the Delray Beach Chamber of Commerce my acquire and a `bulk sale' value of all nine units as if sold to a single purchaser. Bulk Value of Ll'nits 1 throu 4 If units 1, 2, 3, and 4 were sold as to a single user the commercial bay would be b,309 square feet. In 2004 and 2005 the developer of a project of this nature would not sell multiple units at a discount because of high demand. Purchasers accepted this because they expected the properties to quickly increase in value, However, the market has deteriorated more recently. 48 i i i i i 1 1 • • • • • • • ANDERSON & CARD, INC. At this time developers and general sellers .have to be much more reasonable to realize a sale. We have data on two commercial projects in western Delray Beach that demonstrate this. Congress Park is a two story, single building office park condominium located on South Congress Avenue just south of West Atlantic Avenue. The most recent 11 sales {December 2006 through January 2007) include one sale of eight units totaling 5,211 square feet and 10 sales of vne, two, or three units with sizes from 367 square feet to 1,563 square feet. The large eight unit sale was for $280 per square foot while the 10 smaller sales reflect a mean of $347 per square foot. This reflects a 20 percent discount. Coral Trace is a two story,. four building complex office park on West Atlantic Avenue just west of South Congress Avenue. The most recent sales, October 2006, are for seven transactions. Four were sales of bays from 3,3$4 square feet to 6,704 square feet with a mean of $210 per square foot. Three were sales of units from 964 square feet to 1,930 square feet with a mean of $248 per square foot. This shows a 15 percent discount. The data reflects discounts of 15 percent and 20 percent;. however, this would include other factors such as floor location, exposure to a main roadway, and other aspects such as finish allowance. Additionally, subject units 1, 2, 3, and 4 have characteristics that would somewhat mitigate a discount. This includes they already have the lesser desirable location in the complex, all four units have the same view, and they are of sizes that could easily later sold separa#ely is desired. Based on the foregoing we conclude a discount of 10 percent for a bulk sale of units 1, 2, 3, and 4, with the total value as of Qctober 15, 2007, as if completed with a shell finish, calculated as follows. Unit Individual Value 1 $565,000 2 $390,000 3 $360,000 4 $5$0,000 Total $1,$95,000 Less Bulk Sale Discount ~ 10% _ -189,500 Total $1,705,500 Rounded to: Bulk Value of Units 1, 2, 3, and 4: $i,7oa,ooa 49 ANDERSON & CADl~, fNC. Bulk Value of All Units The most common form of use for commercial condominium space like the subject is for small space users of a 1,000 to a few thousand square feet. A purchaser of all the subject units, 16,753 square feet, would be motivated. by either of two scenarios; investment for .rental income purposes or for individual unit sellout to an end user. It is highly unlikely that a single user would purchase all the space. We have discussed the income generating investment potential of the subject units on page 29. This analysis reflects a total value of all units of $3,490,000 or $20$ per square foot. This includes a basic build out of $7S per square foot but it does not take into account alease-up period However, due to the low number of units and. small amount of space (compared to say a 25,000 to 50,000 square foot retail center) this activity could start now and most, if not all, of the units could be leased as the building is being completed. If all of the subject units were purchased for resale the investor would require a profit, incur marketing, sales, and closing expenses, and have some carrying costs. This situation represents a discounted gross sellaut scenario. An investor could most likely be attracted with a profit of 20% (historic high profit expectations are unrealistic in the current market). A sales and marketing expense would be a 6%. If handled by an outside firm this should be sufficient for a straight brokerage commission. If handled in-house the investor would incur about 3%a expenses for sales office, advertising, and general staff plus need to pay a 3% or so in-house sales commission. Closing costs and attorney/tile fees should not be more than 1%. Carrying fees include real estate taxes, condominium fees; and insurance. However, these fees would not start until the building is completed in October. If a sellout period is projected at not more than one year this expense should not exceed 2%. 'This scenario analysis reflects a discount off the `gross sellout' value of $5,250,000 of 29% or a value of $ 3,727,500. Income. Investment Scenario: $3,490,000 Discounted Gross Sellout Scenario: $3,727,500 Based on the foregoing we conclude a bulk sale of all nine subject units with the total value as of October 15, 2007, as if completed with a shell finish, follows, Bulk Value of All Units: $3,G00,41Q0 50 QUALIFICATIONS OF APPRAISER ROBERT S. BANTING, MAI, SRA PROFESSIONAL DESIGNATIONS -YEAR RECEIVED MAI - Member Appraisal Institute -1984 SRA - Senior Residential Appraiser, Appraisal Institute -1977 SRPA -Senior Real Property Appraiser, Appraise! Institute -1980 State-Certified General Real Estate Appraiser, State of Florida, License No. RZ4 - 1991 EDUCATION AND SPECIAL TRAINING, Licensed heal Estate Broker - #3748 -State of ,Florida Graduate, University of Florida, College of Business Administration, BSBA (Major -Real Estate & Urban Land Studies) 1973 Successfully completed and passed the following Society of Real Estate Appraisers (SREA) and American Institute of Rea! ~~~ APpraisers {A]1ZEA) courses and/or exams: Note: the SREA & AIREA mezged in 1991 to form the Appraisal Institute. SREA R2: Case Study of Single Fanuly Residence SREA 201: Principles of Income property Appraising SREA: Single Family Residence Demonstration Report Sl2EA: Income Property Demonstration Report AIREA 1B; Capitalization Theory and Techniques SREA 101: Introducpion to Appraising Real Property A1REA: Case Studies in Real Estate Valuation AIREA: Standards of Professional Practice ~~A: Introduction to Real Estate Investment Analysis AIREA 2-Z: Valuation Analysis and Report Writing ~~ Comprehensive Examination AIREA: Litigation Valuation AIREA: Standards of Professional Practice Part C ATTENDED VARIOUS APPRAISAL SEMINARS AND COURSES WCLUDIN The Internet and Appraising , Golf Course Valuation Narrative Report Writing Condominium Appraisal Appraising for Condemnation R . Eminent Domain Trials eviewing Appraisals Tax Considerations in Real Estate Mortgage Equity Analysis Partnerships & Syndications Advanced Appraisal Techniques Federal Appraisal Requirements Valuation of Leases and Leaseholds Valuation Litigation Mack Trial Rates, Ratios, and Reasonableness .Analyzing Income Producing Properties Standards of Professional Practice Regression Analysis. In Appraisal Practice Disc:ovnting Condominiums 8t Subdivisions Condemnation: Legal Rules & Appraisal Practices Analyzing Commercial Lease Clauses Testing Reasanableness/Discvunted Cash Flow Hotel and Motel Valuation Analytic Uses of Computer in the Appraisal Shop Residential Construction From The Inside Out Development of Major/Large Residential Projects Federal Appraisal Requirements Engaged in appraising and consulting assignments including mazket research, rental studies, feasibility analysis, expert witness testimony, cash flow. analysis, setClement conferences, and brokerage covering all types of real estate since 1972. President of Anderson & Carr, Inc., Realtors and Appraisers, established 1947 Past President Palm Beach County Chapter, Society of Real Estate Appraisers. (SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach CountyPropezty Appraise! Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation, property disputes, bankruptcy court, foreclosures, and other issues of real property valuation. Member of Admissions Canunittee, Appraisal Institute -South Florida Chapter Member of Review and Counseling Committee, Appraisal Institute -South Florida Chapter Approved appraiser foz State of Florida, Department of Transportation and Department Natural Resources- Instructor of seminars, sponsored by the West Palm Beach Board of Realtors. Authored articles for The Palm $each Post and Realtor newsletter. Real Estate Advisory Board Member, University of Florida. TYPES OF PROPERTY APPRAISED - PARTIAL LISTING Air Rights Medical Buildings Amusement Parks Condominiums Mobile Home Parks Auto Dealerships Shopping Centers. Department Stores Industrial Buildings Service Statiazzs VacantLots -Acreage Leasehold Interests Apartment Buildings Hotels -Motels Office Buildings Special Purpose Buildings Residentia! Projects Financial Institutions Churches Marinas Residences -All Types Restaurants Golf Courses Easements "I am currentlycertifiednnder the continuing education program of the Appraisal Institute." QUALIFICATIONS OF APPRAISER GARY K. ORR GENERAL INFORMATION' Stara-Certified General Real Estate Appraiser RZ2335 Licensed Real Estate Salesman -State of Florida -197811991 Realtor Associate Member -Florida Association of Realtors -1978/1991 Realtor Associate Member -National Association of Realtors -1978/1991 Realtor Associate Member -West Palm Beach Multiple Listing Service -1978/1991 EDUCATION AND SPECIAL TRAINING Graduate of Forest Hill High School -West Palm. Beach Graduate of Palm Beach Junior College; AA Degree Business Administration Attended University of Florida at Gainesville; College of Business Administration (1976 and 1977} Successfully completed and passed the following courses and/or seminars; SREA 101: Introduction to Appraising Real Property SREA 201: Principles a# Income Property Appraising SSA: Principles of Cash Equivalency SREA: Adjusting for Financing Differences in Residential Pxoperty SREA: Market Interpretations of Extraction SREA: R41b Seminar - Iohn, Underwood MAI SREA SREA: , , R41c Seminar - Dr. William Kinnazd, MAI, SREA ~: Standazds of Professional Practice -Part A ~= Exam Prep, for Commercial Appraiser Certification/Licensing EMPLOYMENT EXPERIENCE Engaged in appraising real estate in the State of Florida since 1978. Residential and Commercial appraiser for Anderson & Carr, Inc. 1978-1992. Residential and Commercial appraiser for Sayles & Sayles, Inc. 1992-1995. Residential and Commercial appraiser for Anderson & Carr, Inc. 1995 to present. APPRAISAL EXPERIENCE Charitable R.E. Donations Divorce Settlements Exninent Domain Estate Settlements Executive Relocations Fractional Interests General Law Suits Mortgage Financing REO Properties Partnership Buyouts PBC R.E. Assessment Appeals TYPES OF PROPERTY APPRAISED Acreage Citrus Graves Foliage Nurseries Industrial Complexes 11ilotels Post Office Buildings Shopping Centers Vacant Residential Lots Apartment Buildings Convenience Stores Funeral Homes Lumber Yards Multi-Family Projects Residences/Estates-All Types Special Purpose Properties Commercial band Automobile Showrooms Equestrian/PoIo Estates Industrial Land Medical Offices Office Buildings Restaurants Subdivision Warehouse Buildings Churches Farms Industrial Buildings Mini-Warehouse's Peat & Soil Plants Service Stations Synagogues Wetlands Properties FIGURES CONTATNED IN ANY BUDGET DELTVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND CIRCUMSTANCES EXISTTNG AT THE. TTME OF THE PREPARATION OF THE BUDGET BY THE DEVELOPER ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE. CHANGES IN THE OFFERING. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER (SELLER). FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT (AGREEMENT) AND THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATIITE5, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. CONTRACT FOR PURCHASE AND SALE FOR OLD SCHOOL SQUARE GARAGE NORTII RETAIL, A COMMERCIAL CONDOMINIUM 1. PURCHASE AND SALE This Contract for Sale and Purchase at OLD SCHOOL SQUARE GARAGE NORTH RETAIL, A COMMERCIAL CONDOMINIUM ("Contract") is made. and entered into by and between CITY OF DELRAY BEACH, a Florida Municipal Corporation whose address is clo City Attorney, 2p4 N. VS7. 15C Avenue, Delray Beach, Florida 33444 {561) 243-7440 ("Seller"}, and ("Buyex"}. Purchase and Sale. Purchaser hereby agrees to purchase and Seller hereby agrees to sell and convey to Purchaser all of that certain parcel of real property being situated in Palm Beach County, Florida comprising a condominium unit knoum and designated as Unit No. 1 (the "Unit") of Old School Square Garage Condominium North Retail, a Commercial Condominium,. according to the Declaration of Condominium thereof, to be recorded in of the Public Records of Palm Beach County, Florida (the "Condominium") with an address of S. E. l st Street, Delray Beach,. Florida 33444, in the County of Palm Beach (the "Coon ") together with all appurtenances thereto as the same are contained and defined in the. Declaration of Condominium of Old School Square Garage North Retail which will be recorded in the Public Records of Palm Beach County, Florida (as maybe amended} (the "Declaration"); the foregoing real property and appurtenances are hereinafter referred to callcetively as the "Unit". The Condominium is located in the airspace of the Old School Square Garage ("Garage") from just belovr the surface of the land upward to just below the underside of the second floor parking slab, as more particularly described in the Declaration. 2. DESCRIPTION OF FROPERTY 2.1 The Unit contains approximately ten thousand one hundred forty-one (10,141) gross square feet of space. The Unit is further described in the Declaration, together with its appurtenances. 3. PURCHASE PRICE 3.1 Purchase-Price of the Unit (a) Base Purchase Price (b} Easements/Licenses for Storage, Parking, Generator, A/C, Grease Trap, and Garbage Disposal Areas "Total Purchase Price" of the Unit 3.2 Pa ent Schedule. Total Purchase Price of the Unit shall be payable as follows: (A) A Deposit in the amount of ten percent {10%) of the Total Purchase Price paid to Escrow Agent upon Buyer's execution of this Contract. $ {B) Balance of the Total Purchase Price of the Unit shall be due at closing ("Final Payment"),..subject to adjustments and prorations and shall be paid in the form of cash or a local bank cashier's check in United States funds $ The foregoing sums deposited by Buyer hereunder are collectively referred to herein as the "Deposit". 3.3 This is a cash transaction with no contingencies for financing. 4. CLOSING, CLOSING EXPENSES .AND OTHER EXPENSES 4.1 Closing Date and Possession. The "Closing" is the conveyance of the Unit to Buyer as evidenced by the delivery of the deed transferring title. The closing date. {"Closing Date"} shall be on or before thirty (30) days after the expiration of the Inspection Period which is defined in Section 14 of this Contract. Buyer shall close on such Closing date. Seller is authorized to postpone the date of the closing. for not more than thirty {30) days at its discretion. Seiler must, however, give Buyer at least five {5) days notice of the new Closing Date. Any new .notice of Closing may be given verbally, by telephone, telegraph, telex, telefax, mail, or other means of communication at Seller's- option. An. affidavit of one of Seller's employees or agents that such notice was given will be conclusive for purposes of proving that notice was given. All notices will be given to Buyer at the address or by use of the telephone number(s) specified in this Contract unless Seller has received written notice from Buyer of any change therein prior to the date notice of Closing is given. The .fact that Buyer fails to receive the new Closing notice because Buyer has failed to advise Seller of any changes of address or phone number, or because Buyer has failed to pick up a letter when Buyer has been advised of an attempted delivery or for any other reason, shall not relieve Buyer of Buyer's obligation to close on the scheduled date, unless Seller otherwise agrees in writing to postpone the Closing Date. If Seller agrees in writing to reschedule the Closing Date at Buyer's request or because Buyer has failed to produce all corporate documents requested by Seller,. or for any other reason (except for delay caused by Seller), Seller may impose a late charge equal to One Thousand One Hundred Dollars ($ I, l 00.OQ) per day far every day from and after the original Closing Date through the date that the transaction closes, and prorations, shall be as of the original Closing Date. Buyer agrees the late charge is appropriate in order to caner Seller's administrative and other expenses resulting from a delay in Closing. Seller is not required to agree to reschedule the Closing Date, but Seller may reschedule Closing in Seller's sole discretion. Buyer shall be in default of Phis Contract if Buyer fails to close as scheduled. Buyer shall be given possession of the Unit at Closing after Final Payment is received. Until such time, Buyer shall not be entitled to possession of the Unit or store any property therein. The Closing shall take place at an office designated by Seller which is located in Palm Beach County, Florida. 4.2 Closing and Other Costs. On the Closing Date,. Buyer shall pay the balance of the Total Purchase Price of the Unit, any and all sums due and. owing sums under this Contract, and the fallowing sums: (A) A working capital contribution payable to the Old School Square Garage North Retail Association, lnc. ("Association"), in an amount equal to two (2) months of the Unit's share of the Association's annual assessment. Such payment shall not be credited against any other Association assessments far which Buyer is obligated to pay,. and may be used by the Association for any purpose not prohibited by Florida Statutes Chapter 718. (B) A prorated monthly Association annual assessment {payable to Seller, if Seller has prepaid the same), based upon the Unit's share of the total monthly Association assessment. Buyer understands and acknovsrledges that the Association's Annual Budget for the Association is only an estimate of what it will cost to run the Association. (C) The monthly Association assessment, payable to the Association, for the Unit for the nest monthly assessment period commencing after Closing, based upon the Unit's share of the total Association annual assessment. (D) If Buyer executes a mortgage or other loan, Buyer shall be obligated to pay all mortgage or loan costs and expenses, including but not limited to, points, lender's origination fee, private mortgage insurance costs, intangible tax, documentary stamp tax, survey charge, credit report, recording charges, prepaid items such as taxes, insurance, interest and escrow, mortgagee's abstract of title insurance costs, mortgagee's attorneys' fees, and all sums deducted from the gross amount of the mortgage by the lender. This Contract is not contingent on Buyer attaining a mortgage or any other financing. (E) A closing charge, payable to Seller, in a sum equal to one and six~tenths percent (1.6 %} of the Total Purchase Price of the Unit, a portion of which will be used to pay the cost of recording the Special Warranty Deed, the documentary stamp tax required to be affixed to the Deed, the owner's title insurance premium, and Seller's administrative expenses associated with the transaction. In the event Buyer elects to obtain title insurance from an insurer other than selected by Seller, as set forth in Section 5.2 of this Contract below, Buyer shall receive a credit against the closing charges equal to the premium which the insurer selected by Seller would have charged Seller for the title insurance- policy, but Buyer shall pay an additional closing expense of $1,Sd0A0 for the cost of the preparation. of closing documents. (F) Real estate tapes, Solid Waste Authority tax assessments, special tax assessments, and other proratable items shall be prorated as of the date of Closing. Ad valorem taxes are prorated from January through December 31 of the same calendar year. Nan ad-valorem assessments are prorated from October 1 through September 30 of the following. calendar year. Such taxes and assessments shall be prorated based on the current year's tax with allowance made for discount and exemptions. If Closing occurs on a date when the current year's millage is not fixed, and the current year's assessment is available, taxes shall be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not available, then taxes shall be prorated based on the prior year's tax. Any tax proration based on an estimate shall at the request of either Seller or Buyer be subsequently readjusted upon receipt of the current year's tax bill. (G} Expenses incurred andlor advanced by Seller, if any, on behalf of Buyer, and all other casts and expenses far which Buyer is obligated under this Contract or the Declaration. (H) .Additional. fees or costs incurred by Seller as the result of Buyer's failure to close on the Closing Date, as scheduled herein, or in the manner contemplated in this Contract, including but not limited to a document re- preparation fee and additional costs. associated with closing. the transaction by mail. {Y} Utility connection fees, impact fees, utility deposits, permit fees and any other additional costs imposed by governmental authority in the total amount of $ (J} All title search fees including; but not limited to, title search updates, settlement closing. fee(,s), title examination fee and any other Closing expenses of Buyer. (J} Buyer shall pay all real estate broker's fees, including without limitation, broker's fees which are due pursuant to Seller's right of sale listing agreement with broker. (K} The cost incurred by Seller prier to closing to construct the boundary wall as described in Paragraph 6.2.2 of this Contract. 4.3 Deposits. Any reference to Deposit or Deposits herein shall refer collectively to all amounts deposited with Escrow Agent under this Agreement and under any addendum or amendment hereto, except for any deposits or payments made by Buyer to Seller for options, extras and/or upgrades, tiny and all deposits or payments for options,. extras, and/or upgrades are non-refundable except (i) in the event of Seller's default, (ii} if the Unit is damaged as described in Section 6.8 of this Contract and Seller does. not elect to repair or replace the Unit andlar (iii) Seller is unable to provide marketable and insurable title, as described in Section 5 of this Contract. AlI monies deposited under the terms of this Agreement, except far the balance due at Closing, may be made by check drawn on a FIorida bank, subject to collection. All payments must be made in United States funds. 4.3. l Buyer understands that Steven D. Rubin, Esq. ("Escrow Agent"}, whose address is 980 North Federal Highway, Suite 434, Boca Raton, Florida, and whose telephone number is (561) 391-7992, will hold the Deposit in an escrow account (the "Escrow Account"}, pursuant to the terms of this Agreement. Buyer may obtain a receipt for its Deposit from the Escrow Agent upon request. i3nless Buyer is in default of this Contract, interest shall be paid to Buyer on the Deposit. Escrow Agent may deposit monies held in the Escrow Account in a savings ar time deposit account at a bank or savings. and loan association insured by an agency of the United States Government, with interest if any, paid to Buyer at Closing or to Seller if Seller is entitled to retain the Deposit as provided in this Contract. By signing this Agreement, Buyer expressly authorizes Escrow Agent to disburse Buyer's deposits held in the Escrow Account to Buyer's account at Closing, or to Seller upon Buyer's default, and/or for payment of the construction costs of the Condominium boundary. wall by Seller prior to closing, as provided in paragraph 6.2.2 of this Contract. Seller and Buyer agree to indemnify and hold Escrow Agent harmless from any claims or damages that may result from Escrow Agent's escrowing. or disbursing of Buyer's Deposit, other than those claims or damages resulting from Escrow Agent's ,gross negligence or willful malfeasance. Escrow Agent shall not be responsible for any act or omission to act, unless occurring due to his sole grass negligence or willful rnaIfeasance, and upon making delivery of the monies that Escrow Agent holds in accordance with the terms hereof, Escrow Agent shall have no further liability. Seller and Buyer, jointly and severally, shall indemnify and hold Escrow Agent harmless from any and all damages or losses arising by reason of Escrow Agent having acted as Escrow Agent, or in connection therewith (except far damages or losses arising out of grass negligence or willful malfeasance), including but not limited to all costs and expenses incurred by Escrow Agent in connection with any litigation, together with reasonable attorney's fees, paraprofessional fees. and legal costs, including without limitation, at trial, on appeal, in bankruptcy or otherwise. 4.4 Closing Agent. Buyer acknowledges that Seller utilizes the services of Steven D. Rubin, Esq. ("Closing Agent") for this purchase and sale which services include, but are not limited to (i) pre-closing coordination with Seller,. Buyer, Broker (defined below), Ca-Broker, if any (defined below), Association, taxing authorities, and any applicable. lender; (ii) preparation of the Special Warranty Deed and other closing documents; (iii) preparation of the closing statement; and (iv) eondncting the Closing.. The Closing Agent does not represent the Buyer as an attorney at law. The terms of this Paragraph 4 shall survive closing. 5, TITLE CONVEYANCE AND TITLE INSURANCE S.l Conveyance and Permitted Exceptions. Seller will convey to Buyer marketable and insurable title to the Property by Special Warranty Deed, subject only to the following "Permitted Exceptions": encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and of the Condomnium (unless .such survey exception is removed by the title insurer upon certification of a survey meeting requirements for such removal);. all applicable laws, zoning ordinances and regulations and other requirements imposed by governmental authorities; taxes far the year of closing and subsequent years, including taxes or assessments of any special taxing district; the Declaration, and all matters referenced in the Declaration,. the Association's. Articles of Incorporation and Rules and Regulations, and any supplements or amendments thereto; covenants, conditions, restrictions,. limitations, reservations, and easements of record and matters shown or reflected on any recorded plat underlying the Condominium as of the Closing Date (whether recorded by Seller, or any other person or entity), and any supplements azzd amendments thereto; any mortgage,. construction loan andlor related security instruments executed by Buyer; any easements in connection with the providing. of cable television services or utilities, or as may be required by the City of Delray Beach, Florida; any water, sewer or utility service agreement required by the City of Delray Beach, Florida; the Title Documents referenced in the Declaration of Condonnium; the Declaration of Covenants and Restrictions for Old School Square Garage ("Master Declaration"); riparian and littoral rights of adjoining land owners; rights of the public, United States and Florida to the use of navigable water ways; and any adverse ownership claim by the State of Florida by right of sovereignty to any- portion of the lands underlying the Condominium, including submerged, filled and artificially exposed. lands, and lands accreted to such lands. Buyer specifically gives authority to Seller to file and. place among the Public Records of Palm Beach County, Florida all documents and instruments of any type or manner reasonably necessary to create and construct the Condominium, provided the same shall not render title to the Unit unmarketable. 5.2 Title Insurance. Within a reasonable time after Closing, Seller, at Seller's cast, shall furnish to Buyer a policy of owners' title insurance insuring that the recorded conveyance from Seller to Buyer has vested marketable title in Buyer subject to those matters set forth in this Contract; provided, however, that such policy will not insure title to any interest in personal property, riparian rights, littoral rights or sovereign rights. The owners' title insurance policy will be issued by a duly licensed title insurer of Seller's choosing. A commitment for the policy of title insurance will be furnished to Buyer at least five {5) days prior to closing. At Buyer's sole option, Buyer may elect to obtain title insurance from an insurer other than selected by Seller as long as the election is made within the applicable time specified below. In order to provide for the prompt commencement of title work, Buyer must notify feller in writing, within ten { 10) days after the. date Buyer executes this Agreement, of whether Buyer elects to obtain title insurance from an insurer other than selected by Seller. Notwithstanding the foregoing, if the Closing is scheduled to take place before the fifteen {15) day period is due. to expire, Buyer must notify Seller in writing of whether Buyer elects to obtain title Insurance from an insurer other than the insurer selected by Seller not Iess than five (5) days prior to Closing. If an insurer other than the insurer selected by Seller provides the owner's title insurance policy, Buyer shall pay the. premium for the owner's title insurance policy. If however, Buyer shall timely elect, at Buyer's sole option to obtain title insurance from an insurer other than insurer selected by .Seller, Buyer shall be allowed against the Closing, expenses, a credit equal to the premium which the insurer selected. by Seiler would have charged Seller for such title insurance policy, including applicable reissue rates, provided Buyer notifies Seiler, in writing of Buyer's desire to use a title insurer other than the insurer selected by Seller within the applicable time period specified above. However, if such timely election is made by Buyer, .Buyer shall pay an additional closing expense of $1,SUOAO for the cost of the preparation of closing documents, which closing expense would otherwise have been waived lay Seller if Seller issued the title insurance commitment and policy. Regardless of whether the insurer selected by Seller or another insurer provides in owner's title insurance policy, Seller will pay the cost to record the Deed and the documentary stamp taxes an the Deed {based on the assumption that the tax rate at Closing will be $.7q1$ i 00). In the event that the tax rate at Closing exceeds $.70/$100, Buyer shall pay the additional amount. 5.3 Defects;. Title; Acceptance of Deed. If Seller provides the title insurance policy to Buyer, Buyer shall have seven (7) days upon receipt of the title insurance commitment to review the same and report, in writing, any defects in title to Seller. If Buyer timely elects to provide the title insurance, Buyer shall report, in writing, any defects in title to Seller not more than five (5) days after Buyer notifies Seller of Buyer's election to obtain his own title insurance. In the event that any defects in title are timely reported to Seller, if necessary, the Closing Date shall be postponed and Seller shall make a good faith effort to cure such defects in title. If such defects in title are not cured within sixty {60) days after the date that the Buyer gives. notice of such defects to the Seller, then Buyer shall either {i) accept title in its then existing condition, but without any reduction in the Total Purchase Price, ar (ii) terminate this Contract. If this Contract is terminated under this paragraph,. the Deposit shall be returned to Buyer and the Parties shall have no further rights or obligations hereunder. It is expressly agreed and understood that the Permitted Exceptions shall not be considered defects in title. It is further expressly agreed and understood that Seller shall not be obligated to expend funds in excess of $ I,fl00.00 or to bring any lawsuit for the purpose of curing any defects in title. Buyer's acceptance of the aforementioned Special Warranty Deed shall be deemed to be full performance and discharge of every agreement and obligation on the part of Seller to be performed pursuant to this Contract, except those which are herein specif cally deemed to survive the Closing or which survive by operation of law. The terms of this Paragraph 5 shall survive Closing. 6. CONSTRUCTION OF THE UNIT 6.1 Buyer Acknowledgments,. Buyer acknowledges and agrees That Buyer has not relied upon any statements, verbal or written, published by or under the authority of Seller in advertising and promotional matter, including but not limited to newspaper, radio or television advertisements, but has based the decision solely to purchase solely upon Buyer's personal investigation, observation, and the disclosure materials and Condominium Documents provided herewith. 6.2.1 Build-Out of Unit. The Condominium and the Unit are substantially complete as of the Effective Date of this Agreement. The Unit consists of unf nished space. Buyer shall, after the Closing Date, at its sole cost and expense, furnish, construct, install, and improve the Unit for Buyer's intended use as a gourmet grocery store, in accordance with the plans and specifications which are subject to the prior written approval of Seller (the "Build-Out"). The Build-Out shall include, without limitation: a. The floor slab and floor coverings of the Unit and Condominium; b. All interior walls, partitions and wall. coverings of the Unit and Condominium; c. The ceiling and all ceiling coverings of the Unit and Condominium;. and d. All utility connections all electrical, plumbing, heating and air conditioning wires, conduits, pipes and fixtures, the vents, the grease trap, generator, air conditioning and heating systems, and garbage disposal area and containers. 6.2.2. Prior to closing, Seller shall cause the construction of a fire rated eight (8) inch concrete and cement block wall, the center of which will be located on the boundary line of the Condominium which adjoins the other retail Condominium in the first floor of the Garage. The wall will constitute a common wall for the Condominium and the adjoining. condominium which Seller intends on creating and which is referred in the Master Declaration as the Chamber Condominium. Escrow Agent is authorized, without further consent of Buyer, to reimburse Seller, prior to closing, for the costs of such construction from the Deposit held in escrow. Escrow Agent shall disburse such costs to the Seller upon Escrow Agent's receipt from Seller of a written notice itemizing the costs incurred and requesting reimbursement. Seller shall send a copy of such written request to Buyer. Seller shall not. commence construction until at Ieast twenty-one (2I) days. after the Inspection Period has expired. Once the construction costs are disbursed from escrow, that portion of the Deposit shall be non-refundable unless Seller cannot convey marketable title to Buyer in accordance with the terms of-this Contract. 6.3 Limited Warran and Disclaimers. BUYER AGREES THAT THE ONLY WARRANTIES WHICH SELLER IS PROVIDING BUYER ARE THOSE SET FORTH IN FLORIDA STATUTES § 718.203, BUT ONLY IF, BY LAW, THEY CANNOT BE DISCLAIMED, AS SET FORTH HEREIN {THE "WARRANTY"). SELLER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, FITNESS FOR A PARTICULAR PURPOSE,. HABITABILITY, INTENDED USE, WORKMANSHIP OR CONSTRUCTION RESPECTING THE UNIT,. LIMITED COMMON ELEMENTS, COMMON ELEMENTS, OTHER CONDOMINIUM PROPERTY, AND ALL FIXTURES OR ITEMS OF PERSONAL PROPERTY -SOLD PURSUANT TO THIS AGREEMENT, OR ANY OTHER REAL OR PERSONAL PROPERTY WHATSOEVER CONVEYED HEREBY, OR LOCATED WITHIN THE CONDOMINIUM, WHETHER ARISING FROM THIS AGREEMENT, USAGE, TRADE, IMPOSED BY STATUTE, COURSE OF DEALING, CASE LAW, OR OTHERWISE (OTHER THAN W S CREATED BY SECTION 718.203 OF THE FLORIDA STATUTES TO THE EXTENT THEY CANNOT BE WAIVED BY LAW). SELLER SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER RESPECTING ANY DISCLAIMED WARRANTY, WHETHER SUCH DAMAGES ARE COMPENSATORY, GENERAL, SPECIAL, DIRECT, INDIRECT, SECONDARY, INCIDENTAL OR CONSEQUENTIAL. AS TO ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED ENTIRELY, ALL SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. SELLER GIVES NO EXPRESS WARRANTY ON THOSE ITEMS DEFINED AS "CONSUMER PRODUCTS" BY THE MAGNUSON- MOSS WARRANTY ACT. SOME STATES DO NOT .ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SELLER DISCLAIMS ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO TAE EXTENT NOT CONTRARY TO FLORIDA STATUTES § 718.203, IN NO EVENT SHALL SELLER BE RESPONSIBLE FOR {I) DAMAGE DUE TO OR MADE WORSE BY BUYER'S NEGLECT, MISUSE, ABNORMAL USE, IMPROPER UNIT MAINTENANCE AND/OR PREVENTATIVE MAINTENANCE; (II) DAMAGE DUE TO ORDINARY WEAR AND TEAR; (III) LOSS OR IN,TURY CA[7SED IN ANY WAY BY THE ELEMENTS; {IV) IRREGULARITIES AND CONDITIONS RESULTING FROM OR THAT ARE CHARACTERISTIC OF AND COMMON TO THE MATERIALS USED; (V) CONDITIONS RESULTING FROM CONDENSATION ON, OR THE EXPANSION OR CONTRACTION OF MATERIALS; (VI} INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURIES ARISING FROM A BREACH OF THIS OR ANY WARRANTY; AND (VII) ANY DISCOLORATION TO ANY PROPERTY THAT MAY BE CAUSED BY WATER WITHIN THE UNIT OR BUILDING. NORMAL SWELLING, EXPANSION AND CONTRACTION OF MATERIALS AND CONSTRUCTION, AND ANY CRACKS APPEARING AS A RESULT THEREOF OR AS A RESULT OF SETTLEMENT OF, IN OR ON THE UNIT SHALL NOT BE DEEMED TO BE CONSTRUCTION DEFECTS. UPON CLOSING, SELLER SHALL DELIVER TO BUYER ALL MANUFACTURERS' WARRANTIES, IF .ANY. BUYER ACKNOWLEDGES THAT IT I5 NOT A "CONSUMER" AS DEFINED UNDER ANY APPLICABLE CONSUMER PROTECTION LAW AND SELLER DOES NOT ADOPT OR ASSUME LIABILITY FOR ANY MANi7FACTURER'S WARRANTY. THE UNIT IS SOLD "AS IS, WHERE IS". Except as otherwise provided in this Agreement, the Seller does not make any warranty or representation regarding the title to the Unit except as to any warranties which will be contained in the Deed and in the other instruments to be delivered by Seller at Closing in accordance with this Agreement, and Seller does not make arty representation or warranty either expressed or implied regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access,. economic feasibility or any- other matters whatsoever with respect to the Unit or Condominium. The Buyer specifically acknowledges and agrees that the Seller shall sell and Buyer shall purchase the Unit on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement, Buyer is not relying an any representations or warranties of any kind whatsoever, express- or implied,. from Seller, or its respective agents, officers, or employees, as to any matters concerning the Unit, the Condominium or related real property including, without limitation, any matters relating to { 1} the quality, nature, adequacy, or physical condition of the Unit,(2) the quality, nature, adequacy or physical condition of soils; fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Unit, (4) the development potential, income potential, expenses of the Unit, (5) the Unit's value, use, habitability, or merchantability, (b) the fitness, suitability, or adequacy of the Unit for any particular use or purpose, (7) the zoning or other legal status of the Unit, {8} the compliance of the Unit or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives,. decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or .any other hazardous or toxic matter on, under,. or about the Unit or adjoining or neighboring property, (10) the freedom of the Unit from latent or apparent defects, (11) peaceable possession of the Unit, { 12) environmental matters of any kind or nature whatsoever relating to the Unit, (13) any development order or agreement, or (14} any other matter or matters of any nature or kind whatsoever relating to the Unit or any irriprovements located near, adjacent to, or thereon. Seller shall have no obligation to repair, replace, or remediate the Unit, or any portion thereof,. Buyer understands that the Unit is sold and conveyed "AS IS." As used herein, the term "Hazardous Materials" means {i) those substances included within the definitions of "hazardous substances", "hazardous materials", "toxi:c substances" or "solid waste" in the Comprehensive- Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. § 1801 et seq., ar the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances Iisted in the Uiuted States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic substances" or "solid waste", {iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws,, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. Notwithstanding the foregoing., from and after the Effective Date, Seller shall operate and maintain the Unit and shall cause the Unit to be operated and maintained in a manner generally consistent with past practices and in a manner fully compliant with applicable law and the Seller shall reasonably endeavor to prevent the introduction of any Hazardous Materials onto. the Unit. 6.3.I Post-Closing Warrarity CIairns by Buyer: 6.3.1 Notice. Buyer shall give written nntiee to Seller of any alleged defect or default with respect to the Unit arising under this Warranty or under law after closing, as a condition precedent to seeking any remedy against Seller with respect to the Unit. The written notice .shall specify the defect or default in detail. 6.3.1.2 Right to Inspect and Correct. Seller shall have the Cure Period to inspect and correct any alleged default ar defect or to otherwise respond to Buyer in the event Seller determines that na default has occurred and/or defect exists. The Cure Period is defined as a reasonable amount of time but not less than thirty (30) days from Seller's receipt of written notice of the alleged default. The Cure Period shall be extended by any period of time that Buyer refuses to allow Seller to inspect the Unit and/or perform tests as required by Section b.3.1.4 hereof. To the extent any applicable provision of Florida law requires Seller to correct any alleged default or defect within a shorter period of time, such pray ision of Florida law is hereby waived. 6.3.1.3 Expiration of Cure Period. Buyer agrees that Buyer shall seek no remedy against Seller prior to the expiration of the Cure Period. Without limiting the foregoing, Buyer shall not bring any litigation against Seller respecting the Unit until the expiration of the Cure Period. Seller shall have the right, but not the obligation to take action during the Cure Period and/or respond to any notice received from Buyer. 6.3.1.4 Bu er's ~bli atioris to Permit Ins ection. Buyer agrees that once Buyer has given written notice to Seller pursuant to Section 6.3.1. 1 Buyer shall be obligated to permit Seller and its agents to perform inspections of the Unit and to perform all tests and make all repairs/replacements deemed necessary by Seller to respond to such notice at all reasonable times. Buyer agrees that any inspection, tests, and/or repairireplacement scheduled on a business day between 9 A.M. and 5 P.M. shall be deemed. scheduled at a reasonable time. This rights reserved in this Section 5.3.1. include the-right to Seller to repair or address, in Seller's sole optionand expense, any aspect of the Unit deemed defective by Seller during its inspection of the Unit. The terms of this Subparagraph 5.3 shall survive Closing. 5.~ Closing Inspection. In addition to the inspections permitted during the Inspection Period as defined. in Section 14 of this Contract, prior to making the Final Payment and at a reasonable time established by Seller, Seller shall accompany Buyer on a personal inspection of the Unit also known as a "Final Walk Through Inspection", far the purpose of orienting Buyer with Buyer's Unit. and, if necessary, to confirm the condition of the Unit as represented herein. Seller shall be obligated to correct such items that do not conform to the condition of the Unit as represented by this Contract within a reasonable period of time after the Walk Through Inspection. Seller's obligation to correct such. items shall not be a ground for postponing the Final Payment or Closing Date, nor for the imposition of any condition upon the Final Payment. Failure to make the Final Walk Through Inspection at the time established by Seller shaII not delay the Final Payment or Closing Date and shall be deemed a waiver of Buyer°s right to inspect the Unit and correction of the above described deficiencies: 5.5 Final Payment. The making of the Final Payment by Buyer shall constitute acceptance of the Unit "AS IS" and constitutes a waiver of all claims by Buyer and Buyer's mortgagee, except those arising from (i) unsettled liens; and (ii) faulty or defective work appearing a$er substantial completion resulting in a breach of the Warranty. 6.6 Damage to Unit. If between the date of this Agreement and the Closing the Unit is damaged by fire, natural disaster, acts of terrorism or other casualty, the following shall apply: 6.6.1 Risk of loss to the Unit by fire, natural disaster, acts of terrorism or other casualty until the Closing is assumed by Seller, but without any obligation by Seller to repair or replace the Unit except that if Seller elects to repair or replace such loss or damage to the Unit this Agreement shall continue in full force and effect and Buyer shall not have the right to reject title or receive a credit against or abatement of the Total Purchase Price. If Seller elects to repair or replace such loss or damage, Seller shall be entitled to a reasonable period of time within which to complete such repairs. or replacement. Any proceeds received from insurance or in satisfaction of any claim or action in connection with such Ions ar damage shall belong entirely to Seller. If such proceeds shall be paid to Buyer, Buyer agrees that such funds are the property of Seller and Buyer shall promptly upon receipt thereof tum the same over to Seller. 6.6.2 If Seller notifies Buyer that Seller does not elect to repair or replace any such lass or damage to the Unit then this Agreement shall be deemed cancelled and. of no further force or effect. Seller shall refund to Buyer all monies deposited hereunder whereupon the parties shall be released and discharged of all claims and obligations hereunder, except that if Buyer is then otherwise in default hereunder, Seller shall retain the- Deposit as and for agreed upon liquidated damages, 6.6.3 Risk of loss to the Unit by fire, natural disaster, acts of terrorism or other casualty from and after Closing, is assumed by Buyer. Buyer should be aware that the Unit and Condominium, however well constructed, may be subject to damage or destruction by naturally occurring events such as hurricanes and sinkholes. While Seller has no knowledge of sinkholes. or naturally occurring gases such as radon in the immediate vicinity of the Condominium, all risks associated with all natural occurrences shall be borne by Buyer from and after Closing. 7. REAL ESTATE BROKER(S) 7.1 Broker. Each Party to this Contract represents and warrants to the other that it has not consulted, dealt with, or negotiated with any real estate broker, salesperson or agent other than "Broker") and herein ("CaBroker"), and each Party agrees to indemnify and hold the other free and harmless of, from and against any and all claims, demands, actions and causes of action by any Party whatsoever {whether or not meritorious), and all costs, expenses, losses, damages and liabilities that may be incurred or sui~ered or are incurred or suffered by the other arising from or in connection with any claim that the indemnifying Party has consulted, dealt with or negotiated with a real estate broker, salesperson or agent in connection with the transaction that is the subject of this Contract not named herein. Such indemnification shall also include an amount of reasonable attorneys' fees to the prevailing party in accordance with this Contract. Seller has made a separate agreement with the Broker and Buyer agrees to pay the real estate commission due to Broker and Co-Broker. It is also acknowledged and agreed between Seller, Buyer and Broker that any commission due any Cp- Broker is the sole obligation of Broker to pay. Seller shall not be obligated to Broker in any manner for Buyer's acts or failure to act. 7.2 Marketing. Buyer acknowledges that Seller (and its successors and assigns) will have the right to utilize signs,. displays, billboards and advertising materials within the real property which is subject to the Master Declaration. Seller's sales representatives may show Units, erect signs and promote such activity within the real property which is subject to the Master Declaration as Seller deems appropriate. In addition,. Buyer acknowledges that Seller will continue to have the right to construct Units and other improvements within the real property which is subject to the Master Declaration. All of the marketing and construction activities may continue until the last Unit has been completed and sold by Seller. Buyer shall not be permitted into any areas where construction is in progress and Buyer shall not interfere. with or delay, impede or hinder any of the marketing activities or construction activities within the real property which is subject to the Master Declaration. The terms of this Paragraph 7 shall suruive Closing and/or the termiunation of this Contract. S. DEF.A.ULT 8.1 Default b. Seller. In the event Seller fails to perform any of Seller's obligations or covenants under this Contract, through no fault of Buyer, and Buyer is not in default, Seller shall have sixty {60) days from the date written notice of breach is received by Seller from Buyer within which to cure such breach. If Seller fails to cure same within sixty {60) days or, with respect to any matter which cannot reasonably be cured within sixty (60) days, Seller fails to commence to cure within sixty (6Q) days, Buyer may (i) have the Deposit, together with any interest earned thereon, returned to Buyer if such default occurs prior to Closing, in which case this Contract shall be terminated and the parties shall have no further rights or obligations hereunder; or (iij pursue an action far specific performance. 8.2 Default by Buyer. If Buyer fails to perform any one or more of Buyer's obligations under this Contract, including but not limited to Buyer's obligation to Close, then Seller shall have the right to either (i) retain the Deposit, and any Deposits Buyer agreed to pay to Seller, together with any interest earned. thereon, together with any other funds paid by Buyer to Seller hereunder in consideration for the execution of this Contract as liquidated damages, in full settlement of any claims under this Contract, in which case this Contract shall be terminated and the parties shall have no further rights or obligations hereunder, or (ii) seek any remedies available in equity,. including but not limited to specific performance. If, subsequent to Closing, Buyer fails to perform any one or more of its obligations that. survive Closing under this Contract, then Seller shall have the right to seek any remedy available at law or equity. 9. FEES Buyer shall pay for all water, telephone, cable television, sewer, gas, and electric deposit fees, including without limitation, water meter deposits. 10. EFFECTIVE DATE The Effective Date of this Contract, for purposes of performance, shall be regarded as the date when the last one of Seller and Buyer has signed this Contract. 11. MISCELLANEOUS 11.1 All of the provisions set forth in this Paragraph I I and alI the representations, duties and obligations of Buyer pursuant to this Contract shall survive Closing. 11.2 Contract Documents, Entire Agreement and Amendments. This Contract shall consist of this Contract document, all modifications,. change orders, and written interpretations of the Contract documents issued by Seller, Specifications, Exhibits, and all addenda executed by bath Parties subsequent to the execution of this Contract. This Contract supersedes any and all understandings and agreements between the Parties hereto whether oral or written, and this Contract represents the entire agreement between. the Parties hereto with respect to the subject matter hereof. Na representations ar inducements made prior hereto which are not included and embodied in this Contract sha11 be of any force and effect, including but not limited to any brochure, advertising representation, illustrations or materials, or oral statements of Seller or Broker, and all such representations, statements and agreements are null and void and sha11 have no effect. This Contract may be amended, altered or modified only by a written agreement. executed by the Porkies. 11.3 Conflictin Terms. In the event of conflict, typewrittenprovisions will control over printed form language, and handwritten provisions will control aver bath typewritten and printed form language. 11.4 Gender and Number. All terms and words used in this Contract, regardless of the number and gender used, 5ha11 be deemed to include any other gender or number as the context or use thereof may require or permit. 11.5 Governing Law and Venue. Buyer certifies that Buyer is executing this Contract while in the State of Florida of Buyer's own volition and that this purchase was not solicited either by telephone or mail in another state. This Contract shall be construed under and interpreted according to the laws of the State of Florida, and venue with respect to any litigation arising hereunder shall be Palm Beach County, Florida. 11.6 Radon Gas. Pursuant to Section 4Q4.456(b), Florida Statutes, Buyer is hereby notified as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building insufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 11.7 Construction Mortgaage, and Subordination of Buver's Rights. (a) This. Agreement, and all rights of Buyer to purchase the Unit and all other rights and interests of Buyer hereunder, are and. shall be subject and subordinate to the lien, terms and provisions of any and all mortgages and related security agreements and loan documents encumbering the Unit which ,Seller has executed in connection with the purchase and construction financing of the Condominium whether currently of record or recorded anytime herea$er, and to all renewals, modif cations, substitutions, replacements, consolidations and extensions thereof and any future advances thereunder. This paragraph shall be self-operative- and no further instrument shall be required to effect such subordination. 11.8 Attorneys' Fees and Costs^ Tn connection with any litigation or dispute arising out of this Contract, each party shall bear its own attorney's fees and costs. 1 I9 Delinquent Payment. If Buyer is delinquent in the payment of any sums due under this Contract, including without limitation the Deposit, and Seller has not elected to hold Buyer in default under this Contract or impose the daily administrative late fee, then Buyer shall pay to Seller interest (commencing as of the date that the delinquent sum becomes due} on all delinquent sums at a rate of 18% per annum, or at the then highest rate allowed by law, whichever is less, and the prorations for taxes, assessment charges, and other pror~itable items shall be calculated based on the herein scheduled Closing Date rather than the actual date of Closing. 11.10 Recording. Buyer shall not record this Contract nor any notice thereof in the Public Records of Palm Beach County, Florida, or in any other Public Records. Such recording shall constitute a material breach hereof by Buyer. l 1.11 Notices. Except a5 otherwise provided in Paragraph 4.1 of this Contract, all notices and other communications required or permitted to be given under or in connection with this Contract shall be in writing, and shall be deemed given to Buyer when hand delivered to Buyer (which includes but is not limited to delivery by courier or Federal Express), or when deposited in the United States mail, postage prepaid,. return receipt requested, addressed to Buyer at Buyer's mailing address as set forth in this Contract, and shall be deemed given to Seller when. deposited in the United States mail, postage prepaid, return receipt requested, addressed to Seller at its address set forth in this Contract, or to such other address as either Seller or Buyer shall designate by notice in accordance with this Subparagraph. 11.12 Cautions. The captions contained. herein are included solely for the convenience of the Parties and do not,. in any way, modify, amplify or give full notice of any of the terms, covenants, or conditions of this Contract. 11.13 Waiver. Seller's waiver of any condition or provision of this Contract shall nat be construed as a waiver of any other application of that same condition or provision, nor as a waiver of any other condition or provision herein. 11.14 Interpretation. This Contract shall be construed and interpreted. in accordance with Florida law and shall not be more strictly construed against one Party, than against the other by virtue of the fact that it may have been physically prepared by one Party or by its attorneys, both Parties {and their respective attorneys, where applicable) having participated in the negotiation of this Contract. 11.15 Time of Essence. Time is of the essence with respect to Buyer's performance hereunder, except where otherwise specif tally provided for herein. Any reference in this Agreement to the time periods of less that six (6) days, shall in the computation thereof, exclude Saturdays, Sundays and legal holidays. Any reference in the Agreement to time periods of six {6) days or more shall, in the computation thereof, include Saturday, Sundays and legal holidays. If the last day of any such period is a Saturday, Sunday or legal holiday, the period shall be extended to 5:00 P.M. on the next full business day. 11.16 Successors and Assigns. This Contract shall be binding upon and shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of the Parties hereto. This Contract maynot be assigned by Buyer. i 1.17 Partial Invalidity. In the event any term or provision of this Contract is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning, or be construed as deleted as such authority determines, and the remainder of this Contract shall be construed to be in full force and effect. 11.18 Counterparts. This Contract maybe executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument. 11.19 .Further Assurances. The Parties agree to execute all future instruments and take all further action that may be reasonably required by any Party to fully effectuate the terms and provisions of this Contract and. the transactions contemplated herein. 11.20 Total Purchase Price and Additional Tax. Notwithstanding,anything herein to the contrary, the Total Purchase Price of the Unit is established and agreed upon by Seller and Buyer based upon all taxes in existence-at the time of execution. All newly created taxes, or any increase in taxes, beyond the control of Seller, shall be Buyer's responsibility and shall be passed directly on to Buyer. Taxes include but are not limited to taxes imposed pursuant to Chapter 212, Florida Statutes, as amended. The terms of this Subparagraph 11.20 shall survive Closing, 11.21 Seller's Easements. Buyer grants authority to Seller to file and place among the Public Records of Palm Beacla County, Florida, all documents and papers reasonably required to be fled in order to construct the Unit or otherwise improve the real property and to create easements, licenses, and agreements reasonably necessary for such development. Buyer aclmowledges that Seller shall be placing of record the Declaration of Condomnium, including By-Laws, Articles of Incorporation, and Rules and Regulations, and the Master Declaration, and this Gontract and Buyer's title. shall be subject to such covenants, restrictions and easements. 11.22 Telefaxed Signatures. Signatures maybe given via telefax transmission and shall be deemed given as of the date and time of the transmission of this Agreement by telefax to the other p~y~ 11.23 .Additional Chan es. Buyer agrees that it may be necessary (at any time and from time to time) afer Buyer executes this Agreement for Seller and/or DeveIoper/Declarant under the Declaration or Master Declaration to change the terms and provisions of this Agreement and/or the Declaration nr Master Declaration to comply with and conform to the rules and regulations (as same may exist and as same tnay be promulgated from time to time) of any governmental agency or subdivision. In addition,, Seller and/or DeveloperfDeclarant under the Declaration and Master Declaration shall have the-right to reasonably amend all documents fur development ar other purposes as further set forth in the Condominium Documents. 11.24 Condominium Documents. Buyer acknowledges receipt of copies of those instruments and documents listed on the receipt. for Condominium Documents contained in the Receipt Form (the "Documents Receipt"). AlI such documents, which are required to be furnished by Chapter 718 of the Florida Statutes (collectively the "Condominium Documents "), are incorporated into this Agreement by reference. The Buyer agrees that occupancy of the Unit shall at all times be subject to the provisions of the Condominium Documents. Seller has delivered to Buyer a full set of the Condominium Documents, and Buyer shall execute the: Documents Receipt in the farm permitted by the Florida Division of Land Sales. The Seller shall make available to Buyer for Buyer's inspection at Seller's place of business that is convenient to the site, a copy of the complete set of Seller's plans and specifications for the construction of the Unit'and the Common Elements appurtenant to the Unit. Notwithstanding any other provision herein to the contrary, if this Agreement is terminated for any reason whatsoever, Buyer shall return to Seller all of the Condominium Documents delivered to Buyer in the-same condition received, reasonable wear and tear excepted, or Seller shall be entitled to charge One Hundred Dollars ($100.00) to Buyer as a result of the termination, to defray Seller's costs and expenses resulting form the preparation, printing and delivery of the Condominium Documents. This Section shall survive the termination of this Agreement. 11.25 NotT B~. This Agreement shall not be binding on Seller until executed by the Mayor of the City of Delray Beach, Florida. 11.26 Construction Activities. All owners, occupants and users of the Condominium are herein placed on notice that (1}Seller and/or its agents, contractors, subcontractors, licensees and other designees and/or (2) any other parties, from time to time, maybe conducting blasting, excavation, construction and other activities within or in proximity to the Condominium. By the acceptance of the Deed. or other conveyance or mortgage, leasehold, license or other interest, and by using any portion of the Condominium, each such owner, occupant and user automatically aclrnowledges, stipulates and agrees (i) that none of the aforesaid activities shall be deemed nuisances or noxious or offensive activities, hereunder ar at law generally,. (ii) not to enter upon, or allow other persons under their control or direction to enter upon (regardless of whether such entry is a trespass or otherwise) any property within or in proximity to the Condominium where such activity is being conducted (even if not being actively conducted at the time of entry, such as night or otherwise during: non-working hours, (iii) Seller and other aforesaid related parties shall not be liable for any and all losses, damages (compensatory, consequential, punitive or otherwise) ,injuries ar deaths arising from or relating to the aforesaid activities, except resulting directly from Seller's gross negligence or willful misconduct, (iv) any purchase or use of any portion of the Condominium has been and will be made with full knor~+ledge of the foregoing and (v) this acknowledgment and agreement is a material inducement to Seller to sell, convey, andlor allow the use of the Unit. This Section shall survive closing. 11.27 The Seller and Buyer shall comply with the Florida Investment in Real Property Tax Act. 1 I.28 SELLER'S GOVERNMENTAL FUNCTIONS. Notwithstanding anything. to the contrary contained in this Agreement: a. Even though the Seller, in its capacity as the. City of Delray Beach ("City"), has certain contractual obligations under this Agreement, such obligations shall not relieve. any person subject to this Agreement from complying with all applicable governmental regulations, rules, laws, and ordinances; b. To the extent approval ar permission must be obtained from the City, such approval or permission shall be granted ar denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights; c. The City has not waived its sovereign immunity; and d. Any action by City shall be without prejudice to, and shall not constitute a limit an, impairment or waiver af, or otherwise affect City's right to exercise its discretion in connection with its governmental or quasi-governmental functions. 12. ADDITIONAL PROVISIONS 12.1 Completion of Development and Sale. Neither the Buyer, nor its representatives, agents, guests, or invitees shall restrict, interrupt, harass or in any manner interfere. with the development, construction, sale or operation of the Condominium or any real property subject to the Master Declaration. Buyer further agrees not to interfere with any workmen at the site of the Condominium or the real property subject to the Master Declaration and that any personal inspection by the Buyer of the Unit before closing, is at the pleasure of the Seller and must be made with a representative of Seller. The teims of this Subparagraph 12.1 shall survive Closing. 13. IlvIPORTANT ADDITIONAL DISCLOSURES 13.1 PROPERTY TAX DISCLOSURE SY7MMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES, IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 13,2 UPON CONVEYANCE AND RECORDING OF THE DEED, BUYER UNDERSTANDS AND AGREES THAT BUYER WILL THEN BECOME A MEMBER OF THE CONDOMNIUM ASSOCIATION. BUYER AGREES TO ACCEPT THE LIABILITY AND OBLIGATIONS OF SUCH MEMBERSHIP. BUYER UNDERSTANDS THAT AS A MEMBER OF THE CONDOMINIUM ASSOCIATION, BUYER WILL BE REQUIRED TO PAY ASSESSMENTS FOR THE CONDOMINIUM MAINTENANCE OF THE COMMON ELEMENTS OF THE CONDOMNIUM, AND COMMON FACILITIES {AS DEFINED IN THE CONDOIVIINIUM DOCUMENTS} AND FOR SUCH OTHER USES AND PURPOSES AS ARE PROVIDED FOR IN THE CONDOMINIUM DOCUMENTS. BUYER ALSO UNDERSTANDS AND AGREES THAT A FAILURE TO PAY ASSESSMENTS WHEN DUE COULD CAUSE THE CONDOMINIUM ASSOCIATION TO RECORD LIENS AGAINST THE UNIT AND TO FORECLOSE SUCH LIENS. BUYER ACKNOWLEDGES THAT NOMINEES OF SELLER SHALL SERVE AS THE INI'T`IAL OFFICERS AND DIRECTORS OF THE CONDOMINIUM ASSOCIATION AND ARE AUTHORIZED BY BUYER TO ACT FOR AND ON TAE BEHALF OF TBE CONDOMNIUM ASSOCIATION IN ENTERING INTO ANY AND ALL AGREEMENTS AS ARE PROVIDED FOR IN OR CONTEMPLATED BY THE CONDOMINIUM DOCUMENTS AND THEIR EXHIBITS. BUYER ALSO ACKNOWLEDGES THAT THE PROVISIONS OF THE CONDOMINIUM DOCUMENTS ARE FAIR AND REASONABLE. 13.3 Construction Industries Recovery Fund. Pursuant to Section 489.1425 of the Florida Statutes, Seller provides the following notice. PAYMENT MAY BE AVAILABLE. FROM THE CONSTRUCTION INDUSTRIES RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE. THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW B,i' A STATE-LICENSED CONTRACTOR FOR INFORMATION ABOUT THE RECOVERY FUND AND FILINCr A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS {904} 727-6530, 7960 ARLINGTON EXPRESSWAY,: SUITE 300, JACKSONVILLE, FLORIDA 32211.. 13.4 The Condominium and the Unit will be subject to a recorded Declaration of Master Covenants, Easerrments and Restrictions for the Old School Square Garage (the "Master Declaration"}. The Master Declaration imposes I. Use restrictions; and 2. The obligation to pay assessments t4 the Seller, as Owner of the Gazage. Assessments are subject to periodic change. Buyer may also be obligated to pay any Special Assessments. Buyer's failure to pay Assessments could. result in a lien on Buyer's. Unit. 13.5 Seller hereby discloses and Buyer hereby acknowledges that the Iower horizontal boundary limit of the Condominium lies approximately three (3} .feet below the existing surface of the unfinished floor of the Unit and the upper horizontal boundary limit lies approximately six (6) inches below the existing pipes and other conduit which are located underneath the second level floor slab of the Garage. Notwithstanding anything to the contrary contained in this Agreement, the Declaration, the Master Declaration, or any other Title Document or the common law, neither the Condomnium Association nor any Unit Owner, including the Buyer, shall have any air -rights or subsurface rights in connection with or arising out of the ownership, management, or operation of the Condominium or the Unit. Such air rights and subsurface rights have been expressly retained by the Seller. 14. Conditions Prior to Closin I4.1 Bu er's Ins ecrions and Due Dili ence. Buyer shall, within thirCy (30) days from the Effective Date ("Inspection Period") determine: (a) whether or not the Unit is satisfactory for Buyer's purposes, {b) whether or not the Unit has adequate services available, and (c)that all federal, state., county and. local laws, rules and regulations have been and are currently being complied with relative to the Unit. During the Inspection Period, it shall be the responsibility of the Buyer to determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to .serve the Unit. Furthermore, it shall be the responsibility of the Buyer to determine whether or not the existing zoning classification of the Unit will permit Buyer to construct, develop and utilize the Unit as a gourmet grocery store. At all times during the Inspection Period, Buyer and its agents shall be provided with reasonable access during normal business hours to the Unit for purposes of on-site inspections. The scope of the inspections shall be determined by the Buyer as deemed appropriate under the circumstances, and may include, at Buyer's option, an environmental audit. In the event that any inspections and any review of documents conducted by the Buyer relatsve to the Unit during the Inspection Period prove unsatisfactory to the Buyer, in its sole discretion, the Buyer shall be entitled to cancel this Agreement by providing written notice of cancellation to Seller prior to 5:00 p.m. Florida time on that date which is the second business day next following the expiration of the Inspection Period. If the Buyer timely cancels this Agreement, Buyer shall receive a prompt refund of the Deposit plus interest earned thereon. The failure of Buyer to timely notify the Seller of Buyer's cancellation of this Agreement shall constitute its waiver of its right to cancel based upon this Section 14.1, time being of the essence. Buyer does hereby agree to hold Seller harmless with respect to all inspection activities Buyer conducts on the real property and Buyer's review of any and alI documents. Buyer shall indemnify and hold harmless the Seller and its members, agents, employees, officers, commissioners, and directors from and against any and all claims, liabilities, injuries,. liens, costs, damages, losses, and expenses, including but not limited to, attorney's fees,. arising out of or resulting from Buyer's inspection activities and document review. The Buyer's indemnification obligation shall survive- cancellation or Closing. of this Agreement. Upon written request of Buyer during the Inspection Period, Seller shall provide to Buyer (or provide reasonable access} to any plans and specifications surveys, and. studies it may have in its possession or control relating to the real property. Buyer's right to inspect and enter onto the real property during the Inspection Period is expressly conditioned upon Buyer's covenant to protect the Seller from the filing of any liens against the real property. In the event that any claims of lien are filed against the real property as a result of labor or services performed or materials furnished to the real property which are requested or ordered by Buyer, the Buyer shall either pay the sum claimed by the Iienor or band such claim of lien in the manner permitted by law within five (5) business days after Buyer receives written notice of the existence of the lien. This Buyer obligation shall survive cancellation of this Agreement. Buyer, at its sole cost and expense, shall return the condition of the real property to the condition which existed at the time of the Effective Date of this Agreement at the conclusion of any inspections it performs. This obligation shall survive the cancellation of this Agreement. Notwithstanding anything in the contrary contained in this Contract which entitled Buyer to receive the return of its Deposit, the Seller shall be entitled to retain the Deposit, or portion thereof, in the event and to the extent Buyer fails to comply with its indemnification and restoration obligations. contained in this Section of the Contract. 14.2 Plans and Specifications. Prior to the expiration of the Inspection Period, Buyer shall prepare plans and specif cations for the Build-Out of the Unit. Buyer shall deliver to Seller, for Seller's written approval during the Inspection Period,. Buyer's plans and specifications for the Built-Out, including any proposed improvements which must be located outside of the boundaries of the Unit and located upon, through, under or in the real property which is subject to the Master Declaration ("Real Property"). Buyer's plans and specifications shall be subject to the approval of the Seller and the Seller may disapprove. of such plans and specifications in its sole and absolute discretion. In the event Seller fails to approve Buyer's plans and specifications prior to the expiration of the Inspection. Period, then either Seller or Buyer may cancel this Contract by delivering to the other party written notice of cancellation within fourteen (14) calendar days after the expiration of the Inspection Period, whereupon the Deposit and accrued interest, if any, shall be promptly be paid to Buyer. 14.3 Governing Docwments During the Inspection Period, Seller and Buyer shall negotiate the terms, covenants, conditions, and other requirements contained in the Declaration of Condominium, the Master Declaration and other instruments which are necessary to define the Buyer's use rights in the real property,. including license and easement agreements with respect to appurtenances to the Unit, such as parking spaces, .storage areas, air conditioning and heating areas, venting, grease trap area, and garbage collection area. Prior to the expiration of the Inspection Period, Seller and Buyer shall enter into the required license and easement agreements, and agree to the farm and substance of the Declaration of Condominium, Master Declaration, proposed operating budget for the Condominium and estimated operating budget for the operation, maintenance and repair of the Real Property which is subject to the Master Declaration. The form and substance of each of the above described documents shall be satisfactory to the Seller's .and Buyer's caunsei, respectively, in their sole and absolute discretion. In the event Seller and Buyer fail to agree upon the form and substance of the aforedescribed documents before the expiration of the Inspection Period, then either Seller or Buyer may cancel this Contract by delivering to the other party written notice of cancellation within fourteen {14) calendar days after the- expiration of the Inspection Period, whereupon the Deposit and accrued interest, if any, shall be promptly be paid to Buyer. Notwithstanding anything to the contrary in this Section 14.3, Buyer acknowledges that the Condominium. is located within the Seller's public parking garage and that the roof of the Condominium also serves as the second floor of the Garage on and upon which there will be public vehicular and pedestrian access and traffic. Buyer agrees that, at minimum, the following use restrictions will be included in the Declaration of Condominium and Master Declaration, and in a separate instrument executed at Closing by Buyer and recorded in the. Public Records of Palm Beach County, Florida: 1. Buyer's use of the Unit shall be restricted to a gourmet food market for retail sale of meat, poultry, fish, vegetables and similar items for retail sale, unless otherwise agreed upon by Buyer and Seller. Buyer may prepare and cook food and baked goods in the Unit. However, Seller makes na representation or warranty that the Unit can be utilized in the manner which is contemplated by Buyer and such use shall be subject to all applicable governmental rules, laws, regulations and ordinances. 2. Buyer shall install, at its sole cost and expense, a venting system for cooking equipment, a grease trap, and garbage disposal system which will prevent disposed food and other biodegradable matter from causing odors, litter, or other related nuisances.. At minimum,. the exterior garbage disposal container shall be refrigerated and purchased and maintained at Buyer's sole cost and expense. 3. No shopping carts will be permitted outside of the Unit. 4. The times of operation of the Buyer's business and deliveries to the Unit shall be regulated to protect the peaceful and quiet enjoyment of adjoining property owners, consistent with applicable governmental rules, laws, ordinances, and regulations. S. Buyer shall not be permitted to further subdivide the Unit without the express consent of the Seller. 6. Buyer shall have no right to utilize the name "Old School Square" except as it is contained within the name of the Condominium. 7. Buyer's use of and activities in the Condominium, Garage and Unit shall not, directly or indirectly, cause the bonds which were utilized by Seller to finance the Garage to lose their present exemption or qualified status. 14.4 This Contract is contingent upon the Seller's determination, through the opinion of Seller's band counsel, that. the covenants, terms,. conditions, and responsibilities contained in this Contract and the documents referenced in Section 14.3 of this Contract, shall not cause, either directly or indirectly, cause the bonds which were utilized by Seller to finance the Garage to lose their present exemption or qualified status. In the event Seller determines that any of the aforedescribed agreed upon conditions, restrictions, covenants, responsibilities ar obligations will, directly or indirectly, the bonds to lose their exemption or qualified status, then Seller, at SeIler's option, may cancel this Contact by delivering to Buyer written notice of cancellation within fouxteen (14) days after Seller makes such determination. 15. Buyer represents the it has the authority to enter into this Agreement, and the financial ability to close this transaction in accordance with its ternls, and it has been properly organized and is in good standing as a IN WITNESS WHEREOF, the Parties have executed this Contract an the dates set forth under their respective signatures. SELLER: CITY OF DELRAY BEACH, Florida Municipal Corporation Witness Witness Date: BUYER: W1tIIeSs BY: Rita Ellis, Mayor W1tneSS Buyer Date: DECLARATION OF MASTER COVENANTS EASEMENTS & RESTRICTIONS FOR OLD SCHOOL SQUARE GARAGE THIS DECLARATION OF MASTER COVENANTS, EASEMENTS & RESTRICTIONS FOR THE OLD SCHOOL SQUARE GARAGE ("Declaration") made the day of , 200, by the City of Delray Beach, A FIorida Municipal Corporation, having an office at 100 N.W. l~` Avenue, Delray Beach FIorida 334411 ("Developer"}; WHEREAS, the Developer holds title to certain real property on which it has substantially constructed a municipal public parking garage (the "Garage"). WHEREAS, all of the Garage, except for a portion of the first floor, and certain easements in the Garage, will be use for public parking (collectively the "Garage Parcel"}, a portion of the first floor of the Garage, together with certain easetents in the Garage (the "Retail Parcel"), will be used primarily for retail, commercial and office purposes, and a portion of the first floor of the Garage; #ogether with certain easements in the Garage (the "Chamber Parcel"), will be used primarily for the Greater Delray Beach Chamber of Commerce, Inc., and its successors and assigns, for office purposes.; WHEREAS, it is in the mutual best interest of the owner of the Garage Parcel, the owners of the Retail Parcel, and the owners of the Ghatnber Parcel to maintain and preserve the character, quality and aesthetic standards of the Garage, with particular emphasis upon the exterior design and landscaping, and the entries, sidewalks, exterior facade and public areas serving or located in the Garage, the roof and exterior of the Garage, and the efTicient operation of the Garage in which the Garage Parcel, the Retail Parcel, and Chamber Parcel are located; and WHEREAS, the Developer desires to set forth certain rights, easements, appurtenances,. interests and benefits of the owner of the Garage Parcel, the owner of the Retail Parcel, and the owner of the Chamber Parcel; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth, the Developer hereby declares as follows: Article I. DEFINITIONS Whenever used in this Declaration and the Exhibits hereto the following terms shall have the meanings specified below unless the context otherwise requires: .1 "Architect" shall mean a particular architect or architectural fu~rrt, licensed to practice in the State of FIorida, who shall perform the functions of Architect called for in this Declaration, including, without limitation; in Articles VIII, X and XII hereof. The practitioner or firm who shall serve as the Architect in any instance shag be determined in accordance with 1 I.2 hereof. .2 "Architectural Committee" means the persons or firms appointed pursuant to §9.2 hereof. .3 "Assessment" means any charges which may be assessed hereunder from time to time against an Owner. .4 "Garage" means the improvements within the Garage Parcel, the Retail Parcel, and the Chamber Parcel combined. .5 "Garage Plans'" means the plans and specifications far the Garage, as such plans and specifications may be amended from time to time to reflect changes made during the course of construction, or to reflect a permissible alteration made pursuant to this Declaration. Upon completion of the Garage, the Garage PIans shall be "as-built" plans. .6 "Capital Improvement Assessmenk" means a charge against each Owner and its FarceI, representing a portion of the costs incurred by the Garage Owner for construction, installation or replacement of any capital improvement to or for any pardon of the Shared Facilities for which the Retail Parcel and Chamber Parcel are responsible as provided in this Declaration, or any repair of such an improvement amounting. to a capital expenditure under generally accepted accounting principles, which the Garage Owner may from time to time undertake pursuant to this instrument. .T "Chamber Owner" shall mean,. prior to the recordation of the Chamber Condominium Declaration or in the event the Chamber Condominium Declaration is not recorded or is terminated after recordation, the owner or owners who own all of the fee simple estate of the Chamber Parcel. In the event the Chamber Condominium Declaration is retarded, and from the date of such recordation, "Chamber .Ownor" shall thereafter mean, in the aggregate, the owners of the fee simple estates in all of the individual Chamber Units located in the Chamber Parcel included within the legal description made subject to such Chamber Condominium Declaration (including the undivided interest in Retail Parcel common elements which is appurtenant to each such Chamber iJnit). Obligations of the Chamber Owner hereunder shall be the several obligation of all persons, corporations, partnerships, trusts or entities who comprise the Chamber Owner but only to the extent of each Chamber Unit's prorata share of the obligation which shall be in the same percentage as the undivided interest in the- Chamber Parcel common elements appurtenant to each such Chamber Unit. Acts of the Board of Directors or of the President of the Chamber Condominium Association provided far in the Chamber Condominium Declaration shall be deemed to be the. act of the Chamber Owner, and the Board of the Chamber Condominium Association or the President of the Chamber Condominium Association shall act as the Chamber Owner, in any instance where the .such Board or President is authorized to act for the Chamber Unit owners on the matter in question by lave or by this Declaration, the Chamber Condominium Declaration or the Articles of Incorporation or Bylaws: of the Chamber Condominium Association. .S "Chamber Units" means the commercial, retail or office units constzucted upon the Chamber Parcel, and any additions or replacements thereto. .9 "City" means City of Delray Beach, a .Florida municipal corporation.. .ld "Common Assessment" means the charge against each Owner and its Parcel, representing a portion of the Shared Expenses. .11 "Condominium Act" means Chapter 718 of the Florida Statutes in effect nn the date the Condominium Declaration for the Retail Parcel and Chamber Parcel, respectively, are filed in the Public Records of the County. .l2 "Condominium Association" means the not-for-profit corporations formed or to be formed to operate the Retail Farcel and Chamber Parcel, hereinafter referred to as the Retail Condamiinium Association and the Chamber Condominium Association, respectively. For purposes of this Declaration only, the Retail Condominium Association shall be deemed the Owner of the Retail Parcel upon the recording of the Condominium Declaration; it being acknowledged, however, that the Condominium Association will not have actual title to the Retail Parcel. For purposes of this Declaration only, the Chamber Condominium Association shall be deemed the Owner of the Chamber Parcel upon the recording of the Condominium Declaration; i# being acknowledged, however, that the Condominium Association will not have actual title to the Chamber Parcel. .13. "Condominium Declaration" means the Declarations of Condominium which may be recorded by Developer submitting the .Retail Parcel and the Chamber Parcel to the provisions of the Condominium Act, together with all exhibits to the Condominium Declaration,. as such Condominium Declaration and Exhibits thereto may be amended from time to time pursuant to Article XVIII hereof and the terms thereof hereinafter referred to as the Retail Declaration of Condominium and Chamber Declaration of Condominium, respectively. The- "Retail Parcel" shall mean the property, both real and personal, that is described and defined. in the Retail Declaration of Condominium, and the "Chamber Parcel"shall mean the property, both real and. personal, thak is described and defined in the Chamber Declaration of Condominium .14 "County" means the County of Palm Beach. .15 "Creditor Owner" shall mean an Owner who has paid or advanced amounts due pursuant to this Declaration for the account of a Defaulting Owner or who has performed other obligations required `to be performed by this Declaration on behalf of a Defaulting Owner, as permitted under §5.2 hereof or elsewhere in this Declaration. .16 "Declaration" means this instrument as it may be amended or supplemented from time to time. .17 "Defaulting Owner" shall mean any Owner who is delinquent on its obligation to pay Assessments or other amounts due and payable pursuant to the terms of this Declaration or who has failed to perform other obligations required to be performed by this Declaration, For purposes of this Declaration, a Defaulting Owner may be the Condominium Association in the event it fails to collect from the Unit Owners and/or remit to the Garage Owner all amounts it is required to pay to pursuant to this Declaration. .18 "Developer" means the City of Delray Beach, a Florida Municipal Corporation, and any successor or assignee of the rights and obligations of Developer under this Declaration provided that no Owner, solely by reason of its purchasing a Parcel, shall be considered a successor or assignee of such rights and obligations unless it is specifically designated as such in an instrument executed by Developer. Provided; however, that any party .succeeding to Developer's interest in the Garage Parcel through foreclosure of a first mortgage Bear or deed in lieu of foreclosure shall have the right but not the obligation to assume the rights and obligations of Developer, whether or not Developer has executed an instrument desigaraking such lienholder as Developer. .19 "Garage Owner" means the person, corporation, partnership, joint venture, trust or .other entity or entities who fiam time to time shall be the owner or owners of the Garage Parcel. .20 "Garage Parcel" means the real property IegalIy described in Exhibit "A" attached hereto, together with all improvements now or hereafter located thereon, generally including the Land, Parking Garage, the structural components of the Garage (including all floor slabs and load bearing walls and columns), the floors of the Garage and the roof of the Garage, but excluding the Retail Parcel and Chamber Parcel. .21 "insurance Trustee" means, the institution appointed pursuant to § 12.1 hereof. .22 "Land" shall mean the land owned by Developer on which Developer has caused the Garage to be constructed, which Land is included in the Garage Parcel, and which is the land described in the legal description of the Garage Parcel which is attached hereto as Exhibit "A". .23 "Maintenance" with regard to any particular component of the Garage and Land, shall include the maintenance {including, but not limited to, painting and other decorating) ,operation,. inspection (including, but not limited to, inspection for the purpose of meter reading), testing, repair, preservation,. replacement and/or cleaning (including; but not limited to, dusting, washing, mopping and vacuuming} thereof, as well as any other action commonly or customarily regarded as maintenance. .24 "Manager" means any person or entity, including any employee(s) of Developer retained by the Garage Owner to assist the Garage Owner in fulfilling or carrying out certain duties, powers ar functions of the Garage Owner to operate and maintain the Shared Facilities and shall also mean and refer to any successor manager of the Shared Facilities pursuant to any future rnanagernent agreement executed by the Garage Owner. .25 "Mortgagee" shall mean any holder of a first mortgage lien on a Farcel, or an a Retail Unit within the Retail Parcel, or on a Chamber Unit within the Chamber Parcel, which mortgage is security for a loan advanced in good faith to fnance the purchase of rights in andlor construction of the Parcel or Retail Unit or Chamber Unit irr question or to refinance a loan of such nature, provided that such holder shall give notice, as prescribed in §17:4, to the parties prescribed in § 17.4, that it is the holder of such mortgage prior to being considered a Mortgagee for purposes hereof. .26 "Occupant" means any person or entity rightly in possession of all or part of a Parcel other than the Owner. .27 "Owner" means the Garage Owner or the- Retail Owner ar the Chamber Owner, individually, as the context shall require. .28 "Owners" means the Garage Owner, the Retail Qwner and the Chamber Owner, collectively, as the context shall require. .29 "Parcel" means the Garage Parcel, the Retail Parcel or the Chamber Parcel, individually, as the context shall require. .3Q "Parcels" means the Garage Parcel, the Retail Parcel and the Chamber Parcel, collectively, as the context shall require. .31 "Parking Garage" shall mean the multi-level structured parking facility constructed within and as part of the Garage and Garage Parcel, as further depicted by the Garage Plans. The Parking Garage is part of the Garage and the Garage Parcel notwithstanding this separate definition. 1.32 "Reconstruction Assessment" means a charge against an Owner and its Parcel representing a portion of the cost incurred by the Garage Owner for reconstructing the portion of the Garage in which that Owner's Parcel is situated or for reconstructing the Shared Facilities for which such Owner is obligated to pay Shared l~xpenses as provided in this Declaration, arising out of an event of casualty or condemnation. 1.33 "Retail Owner" shall mean, prior to the recordation of the Retail Condominium Declaration or in the event the Retail Condominium Declaration. is not recorded or is terminated after recordation, the owner or owners who own all of the fee simple estate of the Retail Parcel. In the event the Retail Condominium Declaration is recorded, and from the date of such recordation, "Retail Owner" shall thereafter mean, in the aggregate, the owners of the fee simple estates in all of the individual Retail Units located in the Retail Parcel included within the legal description made subject to such Retail Condominium Declaration (including the undivided interest in Retail .Parcel common elements which is appurtenant to each such Retail Unit). Obligations of the Retail Owner hereunder shall be the several obligation of all persons, corporations, partnerships, trusts or entities who comprise the Retail Owner but only to the extent of each Retail Unit's prorate share of the obligation which shall be in the same percentage as the undivided interest in the Retail Darnel cnmmnn elements appurtenant to each such Retail Unit. Acts of the Board of Directors or of the President of the Retail Condominium Association provided for in the Retail Condominium Declaration shall be deemed to be the act of the Retail Owner, and the Board of the Retail Condominium Association or the President of the Retail Condominium Association shall act as the Retail Owner, in any instance where the such Board or President is authorized to act for the Retail Unit owners on the matter in question by law or by this Declaration, the Retail Condominium Declaration or the Articles of Incorporation or Bylaws of the Retail Condominium Association. 1.34 "Retail Units" means the commercial, retail or office units constructed upon the Retail Parcel, and any additions or replacements thereto. 1.35 "Shared Expenses" means the actual and estimated cost of Maintenance of certain of the Shared Facilities ("Burdened Shared Facilities") as described in this Declaration (including unpaid Assessments not paid by the Owner responsible for payment); alI costs of the Garage Owner incurred in the performance of its duties under Article III hereof; the costs of management and administration of the Burdened Shared Facilities, including, but not limited to, costs incurred for the services. of managers, accountants, attorneys and employees; costs of providing services, personnel ox equipment for the Burdened Shared Facilities; costs of all cleaning and other services benefiting the Burdened Shared. Facilities; cos. is of comprehensive general liability insurance for the Burdened Shard Facilities, workmen's compensation insurance and other insurance cowering or connected with the Burdened Shared Facilities; real and personal property taxes for the Burdened Shared Facilities, if any; costs of funding any reserve funds established for replacement, deferred maintenance,. repair and upgrading of the Burdened Shared Facilities and personal property thereon; and costs of all other items or services incurred by the Garage Owner for any reason whatsoever in connection with the Burdened Shared Facilities or for the benefit of the Owners or within the parameters stated in §4.2. Included within the term of "cost" or "costs" is the fair .market value or prorate share of-any cost or expense the Garage Owner may incur by the utilization of its awn in house personnel, departments,. employees, materials, services and/or labor. 1.36 "Shared Facilities" means those portions, components, features or systems of the Garage which by purpose, nature, intent or function afford benefits to. or serve more than one Parcel in the Garage, rather than a single Parcel exclusively, ineludin. g those which are declared to be Shared Facilities in this- Declaration or in any Supplemental Declaration hereafter made by Developer. Developer hereby declares the portions of the Garage described in Exhibit "C" attached hereto to be Shared Facilities. The Shared Facilities need not be legally described. Non- inclusion in Exhibit "C" of any particular portion, component; feature or system of the Garage .shall not prevent the same from being considered a Shared Facility if the.. definition of Shared Facility is otherwise satisfied by such item. Ownership of any particular Shared Facility rests with the Garage Owner. Each Shared Facility shall be burdened with the easements which easements are set forth in Article Il or elsewhere in this Declaration in favor of the Owner not owning the Farcel in which .such Shared Facility is located, but each Shared Facility and such easements therein as may be created in this Declaration shall be subject to the rights, powers and duties reserved for or granted or delegated in Article II or elsewhere in this Declaration to Developer or the owner of the Parcel in which such Shared Facility is located. Notwithstanding that the Owners of the. Retail Parcel and the Chamber Parcel have use rights to all Shared Facilities, such Parcels are obligated to pay for their prorate share of only the Burdened Shared Facilities as provided in this Declaration. 1.37 "Special Assessment" means a charge against an Owner and its Parcel, directly attributable to such Owner, equal to the cost incurred in connection with the enforcement of this Declaration against such Owner for failure to duly perform its obligations hereunder, and such other charges as may be provided for in §4.3. 1.38 ".supplemental Declaration" shall rriean any declaration of covenants,, restrictions and easements which may be recorded by Developer for the purpose. of supplementing or amending this Declaration or for the purpose of declaring all or any portion of the Parcels within the Garage as Shared Facilities, or as Retail Units or Chamber Units, or for the purpose of adding additional real property to the Garage, either as Parcels, Shared Facilities or Retail or Chamber Units. 1.39 "Visible Area" means any portion of the Garage curtain wall, facade, roof, garage; or other area of the Garage visible from any Parcel, from the outside of the Garage, or visible to persons utilizing the rights of ingress and egress through a given Parcel,. including glass enclosed areas. Article II. PARCELS AND EASEIVIENTS 2.1 Creation of Separate Parcels. Developer, by executing and recording this instrument, does hereby declare and establish the Garage Parcel, the Chamber Parcel and the Retail Parcel as separate estates in fee simple absolute. Developer does hereby grant, sell, bargain and convey any and all interest it may have in the Garage Parcel to the City, its successors, heirs and assigns forever, subject to all conditions, restrictions, limitations,. dedications, easements and encumbrances of record, provided however, that this reference shall not operate to reimpose any of the same. Further, Developer hereby does grant, sell, bargain and convey any and all interest it may have in the Retail Parcel and the Chamber Parcel to the City, its successors, heirs and assigns forever, subject to ail conditions, restrictions, limitations, dedications; easements and encumbrances of record, provided however, that this reference shall not operate to reimpose any of the .same. The Chamber Parcel will consist of a portion of the first floor of the Garage, as more fully described in attached Exhibit "H" and the Chamber Declaration of Condominium and will be a separate Parcel, and the Retail Parcel will consist of a portion of the first floor of the Garage, as more fully described in attached Exhibit "I"and the Retail Declaration of Condominium and will be a separate Parcel. Developer intends to create the portions of the first floor of the Garage as commercial condominium units. No merger of estates or interests shall be deemed to occur in any instance in which a single person or entity has right, title or interest in or an encumbrance against the Retail Parcel; the Chamber Parcel and the Garage Parcel, except where legally valid and proper affirmative action is taken to create such merger. The foregoing sentence shall not apply to the first mortgage lien on the real property included in two or all three of the Parcels on the date hereof except at the option of such person or entity balding such lien. Developer shall have the right and power to execute and record such further documentation as Developer deems necessary, and acting without the consent or joinder of any other person, in order to maintain this Declaration as a matter of public record. Developer may .assign this right and power to Garage Owner or any other person. 2.2 Retail Parcel and Chamber Farcel Easements. Retail Owner and Chamber Owner shall each have the following non-exclusive easements through, across, and upon the Garage Farcel, subject to the reasonable regulation of easements provided for in §2.5: (a) For pedestrian ingress and egress through the areas of the ground level of the Parking C'rarage intended and designated for pedestrian use, and for nonexclusive pedestrian ingress and egress through the entrance, service entrance, paths, and walkways located in the ground Ievel the Garage Parcel that are intended and designated for pedestrian use (including those portions of the Garage Parcel required to afford reasonable access from each Retail Unit and Chamber Unit to the public right of ways adjoining the Garage as required by §71$.104 (4) (m) of the Condominium Act, and for the use in common with the Garage Owner, its tenants, invitees, and agents of such facilities and areas of the Garage Parcel for the other uses for which such facilities and/or areas are normally used in a public parking Garage, all as shown in Exhibit ".l" which is attached hereto. Notwithstanding anything tv the contrary contained in this Declaration, Retail Owner's and Chamber Owner's use of any easement or Shared Facility is subject to. the Garage Owner's control and operation of the Garage Facility in its governmental capacity, and there may be times when access to an easement or Shared Facilities may be temporarily suspended or prohibited in connection with special events, emergencies, traffic control, or other reasons related to the City's exercise of its governmental functions. (h) For ingress and egress and reasonable access through, and use of, the designated portions of the second floor of the Garage (including vents and utility lines}, which serve the Retail Parcel and the Chamber Parcel for Maintenance of the.ventilating, heating:, and air-conditioning equipment of the Retail Units and Chamber Units located on such second floor. Said designated areas and access points are shown on the Garage Plans and in Exhibit "K" which is attached hereto. (c} For use of the electric service vaults and the cables and conduits therein through which electric power is supplied by the public utility to the Retail Parcel and the Chamber Parcel, as well as vaults, cables and conduits far cable television,. telecommunications, telephone and related services, all as shown on the Garage Plans. (d) For use of the domestic and fire protection water service lines, sanitary and storm sewer lines, soil lines, gas lines and sewage ejector lines, including all valves, traps and clean-out appurtenant to any such line, located in the Garage Parcel and .serving the Retail Parcel and the Chamber Parcel, all substantially as shown on the Garage. Plans. 2.3 _Garage Parcel Easements. Garage Owner shall have the following non-exclusive easements through, across and upon the Retail Parcel and the Chamber Parcel, subject to the reasonable regulation of easements provided for in §2.5: (a} Far access to, ingress and egress through, and use o.fthe service shafts within the Retail Parcel and the Chamber Parcel, and all facilities, fixtures and equipment within the service core or elsewhere in the Retail Parcel or the Chamber Parcel which serve the Garage Parcel, including mechanical and electrical equipment rooms, elevator machine room, stairways, cooling tower, and utility lines, pipes, conduits, ducts and cables, all as shown on the Garage Plans. (b) For access through the Retail Parcel and/or the Chamber Parcel for use and Maintenance of the roof of the Garage and all other components of the Garage Parcel, structural and otherwise. 2.4 General Easements. Each Owner shall have the following additional easements from the other Owners, which easements shall be used by the Grantee in common with, and not to the exclusion of, the Grantor (and in connection with any such easement, a5 well as in connection with any ether easement granted in this Article or this Declaration, the Owner granting such easement and the Owners granted such easement, shall be referred to as the "Grantor" and the "Grantee", respectively): (c) For use of all plumbing, electrical, telephone, water, heating, ventilating, air cooling, gas, fire and life safety, communication, telecommunication, mail, radio, cable television, exhaust, window washing, and other piping, lines, wires, ducts, shafts;. systems,. facilities and equipment; and for the use of aq other facilities whatsoever, except tv the extent restricted by this Declaration, Shawn on the Garage Plans (or located in the Parcels and indicated, but not shown, on the Garage Plans) as located within the Grantor's Parcel and serving or benefiting the improvements on the Grantee's Parcel or serving or benefiting any facility with respect to which the Grantee is granted an easement under any provision of this Declaration. (d) For use of the Shared Facilities located within Grantor`s Parcel to the extent necessary to receive-the benefit of the functioning of the Shared Facilities in accordance with'the intended respective purpose of each particular Shared Facility. (e) Of support in and to all structural members, footings, exterior walls, roof and foundations shown on the Garage Plans as located within the Grantor's Parcel and which are necessary for support of the improvements an the Grantee's Parcel or of any facility with respect to which the Grantee is granted an easement under any provision hereof. Nothing. in this Declaration shall be construed to require Garage Owner to erect, or permit the erection of, additional columns, bearirig walls or other structures on its Parcel far the support of the Retail Parcel and/or the Chamber Parcel, beyond those as shown on the Garage Plans. (f) For the continued existence of encroachments in the event that, by reason of the construction of the Garage or the subsequent settling ar shifting of the Garage, any part of the improvements on any other Parcel encroaches or shall hereafter encroach upon-any part on the Grantor's Parcel. Such easement for the continued existence of encroachments on the Grantor's Parcel shall exist only so long as alI or any part of the encroachment shall remain. (g) For maintenance of any Shared Facility, or for any facility located within the Grantor's Parcel, for which the Grantee has maintenance responsibility, or for which Grantee is otherwise permitted ar required to .perform the maintenance. (h) Far entry upon, and for ingress- and egress through the Grantor's Parcel, with persons, materials and equipment, tv the extent reasvnabIy necessary in the performance of the maintenance of any facility, whether or not located within the Grantor's Parcel, for which Grantee has maintenance responsibility, ar for which Grantee is otherwise permitted or required to perform the maintenance. (i) Far ingress and egress through the Grantor's Parcel to the extent necessitated by an emergency involving danger to life,. limb or property. 2.5 Extent of Owners' 12i hts and Easements. Except as expressly provided. herein to the contrary, any right and easement created 6y §§2.2, 2.3 and 2.4 of this Article or by any other provision of this Declaration shall be subject to the following: (a) The right of the Garage Owner to reasonably limit the number of guests, invitees; occupants, and Owners using the Shared Facilities. (b) The right of the Garage Owner to establish and enforce reasonable Hiles and regulations pertaining to the use of the Shared Facilities, including but not limited to the right to control the hours of use. of the service elevator, and the right to limit access to the Garage during. late night, early morning, yr other hours, as the Garage Owner deems appropriate. (c) The right of the Garage Owner, without the need to obtain the approval ar written assent of the Retail Owner or the Chamber Owner, tc3 borrow money for the purpose of improving the Shared Facilities and, zn furtherance thereof, to mortgage, pledge or hypothecate the Shared Facilities and Assessments therefor as security for moneyborrowed or debts incurred, provided that the rights of the mortgagee or secured party in any such case shall be subordinate to the rights and easements of the Owners under this Declaration, including their rights in the Shared Facilities and the Owners' use of such rights . (d) The right of Developer, and any of Developer's affiliates to the non-exclusive use of the Shared Facilities without charge, for purposes of sales, leasing, display, exhibit, access, construction, ingress and egress, and the .intended operation of the public parking garage. {e) The right or duty of the Garage Owner to reconstruct, replace or refinish any improvement upon the Shared Facilities, subject to those conditions and limitations set forth elsewhere in this Declaration. (f) The right or duty of the Garage Owner to plant and replace trees, shrubs, ground cover and other vegetation upon any portion of the Shared Facilities. (g) The rights and easements provided elsewhere in this Declaration. (h) All plats, restrictions, covenants, conditions, reservations, Iimitations, easements and other matters of record affecting the Shared Facilities or the Garage. {i) Any easement granted pursuant to paragraphs (a), (b), {e) and (fj of §2.4 shall be subject to such reasonable regulations as the Grantor may impose. (j) Notwithstanding §2.5 {c) ,the right of any Owner, ar any Retail Unit owner or Chamber Unit owner, or any party purchasing any Parcel or any Retail-Unit or Chamber Unit and becoming the. owner thereof, to mortgage, pledge or hypothecate its interest in its Parcel or Retail Unit or Chamber Unit {including the fee title in any Shared Facilities therein) in order to finance the purchase of or the making of improvements to the Parcel or Retail Unit or Chamber Unit in question, or to refinance any loan made for such purpose, without the consent of any other party, provided that the rights of any mortgagee or secured party in such case shall be subject to the rights of the Owners under this Declaration, including their rights in the Shared Facilities. 2.6 Delegation of Use. Any Owner, Retail Unit owner or Chamber Unit owner may delegate his/her right of enjoyment to the.Shared Facilities,. in the case of a Retai] Unit owner, to those invitees to whom the Retail Condominium Declaration permits such Retail Unit owner to delegate, license or lease the use of such Retail U. nit, in the case of a Chamber Unit owner, to those invitees whom the Chamber Condominium Declaration permits such Chamber Unit owner to delegate, license or lease the use of such Chamber Unit,. and in the ease of the Garage Owner, to its occupants, invitees, tenants, and licensees, subject in all cases to reasonable regulation by the Garage Owner. 2.7 Parkins. Certain parking areas are located in the Parking Garage, Developer, as owner of the Garage Parcel (at the time this Declaration becomes effective) and thus of the. Parking Garage, shall have the right,. but aot the obligation, at any time and from time to time, to grant to the owners of specific Retail Units and/or Chamber Units the exclusive right to use one or more parking spaces in the Parking Garage. Any such grant with respect to .a parking space(s) shall be made by Developer by written instrument. Any such grant, unless otherwise specified by Developer, shall vest in the Retail Ur-it owner or Chamber Unit owner to whom the grant was made, .and its successors and assigns, the exclusive right to use (but not title to), except as hereafter provided, the parking spaces} assigned. Unless otherwise noted in the form of the instrument, such exclusive right to use shall pass with title to the Retail Unit or Chamber Unit held by such grantee (whether or not spec.ificaIly assigned) and shall be an appurtenance of such Unit; provided, however, the Retail Unit or Chamber Unit to which a specific parking space has been assigned shall have the right to reassign such parking space to another Retail Unit or Chamber Unit, but only in exchange for another parking. space, and retain the consideration paid for such assignment. Upon such assignment, the assignee shall provide the Garage Owner with a copy of such assignment. Except as to the packing spaces so assigned to Retail Unit owners and Chamber Unit owners, the Garage Owner shall retain complete and absolute discretion ko control, operate, license, grant and assign spaces in the Parking Garage far the use and benefit of the Garage Parcel. Except far any fees collected by Developer in connection with the assignment of parking spaces to Retai] Uni# owners or Chamber Unit owners, all fees collected by Garage Owner for use of any spaces in the Parking Garage in whatever form shall belong solely to Garage Owner. The Garage Owner is hereby authorized and empowered to establish rules and regulations for the Parking Garage, and may make provision for the involuntary removal of any vehicle which is in violation of such rules and regulations. 2.8 Stara eg Areas. Developer may designate areas in the Garage Parcel the exclusive or nonexclusive right to use .one or more storage areas located adjacent to the Retail Parcel or Chamber Parcel in the Parking Garage. Such grant shall be made by Developer by written instrument. Any such grant shall vest in the Retail Unit owner or Chamber Unit owner to whom the grant was made, and its- successors and assigns, the exclusive or nonexclusive right to use (but not title to) the storage space(s) assigned. Unless otherwise noted in the form of instrument, such exclusive right to use shall pass with title to the Retail Unit or Chamber Unit held by such grantee {whether or not specifically assigned) and shall be an appurtenance of such Unit. 2.9 Sidewalks. Notwithstanding that the sidewalks aze situated adjacent to each Retail ilnit and Chamber Unit, they are not part of the Garage Parcel, there is no right created in this Declaration in favor of any Retail Unit or Chamber Unit to utilize the sidewalk located adjacent to and directly accessible from that Retail Unit ar Chamber Unit. Any such rights shall be by separate instrument approved by the City in its sole and absolute discretion upon terms and conditions acceptable to it. 2.1Q Waiver of Use. No Owner may exempt himself from personal Iiability for Assessments or release the Parcel owned by hirnTher from the Assessments, Iiens and charges provided far herein, 6y waiver of the use and enjoyment of the Shared Facilities ar by abandonment of his/her Parcel. 2.l 1 No Affirmative Obli ations. The provisions of this Article II shall not be deemed to imply, or to impose, upon the Grantor of any easement provided in this Article II, any affirmative obligation touching or concening said easements. The only affirmative obligations touching or concerning said easements imposed upon any such Grantor are those which are specifically set forth elsewhere th this Declaration. 2.12 Pedestrian Access Easement. The Retail Owner and Chamber Owner shall have a non-exclusive easement far pedestrian traffic across the area shown on the ground level of the Garage which is designated as the "Pedestrian Access Easement" on Exhibit "H" which is attached hereto and made a part hereof for the purpose of access by a Retail Owner or Chamber Owner to deliver goods to the rear of a Retail Unit or Chamber Unit and to stare personal property in the storage area of each respective Condominium. Article III. POWERS AND DUTIES OF GARAGE Owt~rER 3.1 Powers and Duties. 'The Garage Owner shall have the exclusive power and duty fo: {a) Perform maintenance with respect to, repair and otherwise manage the: Shared Facilities in accordance with the provisions of this Declaration. (b) Clean or cause the Shared Facilities to be cleaned on a regular basis in accordance with the standards of a public parking garage, and to perform or cause to be performed other standard janitorial services as to the same. (c) Obtain, for the benefit of the Owners for distribution through the Shared Facilities, all commonly metered water, sanitary sewage and other utility services for the Garage designed for common provision and metering services, and provide for distribution through the Garage, through the Shared Facilities,. of all other utilities, as necessary, to be metered as determined in the Garage Plans. (d) Take whatever other actions the Garage Owner deems advisable with respect to the Shared Facilities as may be permitted hereunder or by law. (e) Employ or contract with a manager (wihich may be an affiliate of the Developer) to perform all or any part of the duties and responsibilities of the Garage Owner, and delegate its powers to committees, officers and employees. Garage Qwner shal! use its good faith efforts to provide the services described above at reasonable levels comparable with practices in other similar properties, subject to Garage Owner's reasonable discretion, and subject to interruption due to the need to make- repairs, alterations or improvements, ar due to strikes or other labor disputes, fire, flood, explosion, .severe weather, civil disturbances, war, acts, proceedings or regulations of any governmental authority; rationing, interruption. of transportation facilities, and any cause beyond the reasonable control of Garage Owner. The obligation of the Owners to pay Assessments hereunder shall not abate in the event of any interruption of service, provided that Garage Owner shall pursue with diligence actions required to enable restoration of service. All costs and expenses incurred by Garage Owner in performance of this Article with respect to the Burdened Shared Facilities and as more particularly set forth on Exhibit C hereto shall be Shared Expenses which may thus be included in Common Assessments and subject to the payment obligation of the owners as set forth in §4.1 hereof. Article N. COVENANT FOR ASSESSMENTS 4.1 Creation of the Lien and Personal Oblieation of Assessments. Developer for each Parcel or other portion of the Garage now or hereafter owned by Developer hereby covenants, and each Owner of any such Parcel, by acceptance of a deed therefor v~ihether or not it is so expressed in such deed, is hereby deemed to have covenanted, to pay the Garage Owner: (a} Common Assessments, (b) Special Assessments, (c) Capital Improvement Assessments, and (d) Reconstruction Assessments, all such Assessments to be imposed and collected as hereinafter provided. Assessments, together with interest, late charges, costs and reasonable .attoz~neys' fees for the collection thereof, shall be a charge and continuing lien upon the Parcel against which the Assessment is made. Each such Assessment, together with interest, costs and reasonable attorneys' fees and late charges, shall also be the personal obligation of the person or persons. who was ar were the Owner of the Parcel at the time when the Assessment against it fell due. Subject to the provisions hereof protecting, Mortgagees, any personal obligation f©r delinquent Assessments shall pass to the successors-in-title to the Owner of the Parcel against which the Assessments were made and in cases. in which a Parcel is owned by more than one individual or entity, shall be the joint and several obligation of each and all of those individuals or entities. Notwithstanding the foregoing, (a) the partners, officers, directors; commissioners; employees or shareholders of Garage Owner shall have no personal liability for the Assessment obligations of Garage Owner. The Garage Ownex shall deposit all monies collected as: Assessments in one or more accounts, as it may elect, (b) at such time as the Retail Parcel is declared to be a condominium and while the Retail Parcel remains a condominium,. the lien for Assessments shall be created only against the Retail Units and -not against the Retail Parcel as a whole, and (c) at such time as the Chamber Parcel is declared to be a condominium and while the Chamber Parcel remains a condominium, the lien far Assessrents shall he created only against the Chamber Units and not against the Chamber Parcel as a whole. The amount of such lien with respect to each Retail Unit and Chamber Unit shall be determined in accordance with the formula set forth on Exhibit D hereto. 4.2 Common Assessments. Common Assessments shall be levied by the Garage Owner to pay for the Shared Expenses, to fund performance by Garage Owner of its- duties under Article III with respect to the Burdened Shared Facilities only and its duties under other provisions of this Declaration which are performed for the benefit of all Owners, and to improve and maintain the Burdened Shared Facilities as provided herein. Disbursements from income received as Common Assessments shall be made: by the Garage Owner for such purposes as it deems necessary for the discharge of its responsibilities herein and to reimburse Developer for prepaid expenses which it advanced which may be classified as Shared Expenses. 4.3 S eial Assessments. A Special Assessment shall be levied against an .Owner for the cost of any maintenance of the Shared Facilities or the Garage made necessary by the willful or negligent act of such Owner or a person for whom such Owner is responsible. For the purpose of this section, the Garage Owner shall be considered to be responsible for its employees and agents, and its occupants, lessees, Iicensees and invitees, and the Retail Owner and the Chamber Owner shall be considered to be respectively responsible for owners of Retail Units and Chamber Units and their respective employees,. licensees, Iessees, invitees and guests. A Special Assessment may also be levied against an Owner for the costs of enforcement .of this Declaration against such Owner, if such Owner is in default of a oodenant or provision of this Declaration, and may also be levied in any other instance authorized elsewhere in this Declaration. 4.4 Reconstruction and Capital Improvement Assessments. In addition to the Common Assessments and Special Assessments authorized above, Reconstruction Assessments and Capital Improvement Assessments may or shall be levied as hereafter provided. Reconstruction Assessments shall be levied in such circumstances,. for such purposes and amounts and in such proportions as are authorized in and determined pursuant to §§8.3(a) and 10.4 hereof or generally in Articles VIII and X of this Declaration. Capital Irprovement Assessments may be levied from time to time by the Garage Owner, in any fiscal year adopted for Assessments, to 6e applicable for that fiscal year only, for the purpose of funding, in whole or in part, any capital improvement to the Burdened Shared l?acilities or far a new improvement which satisfies the definition of a Burdened Shared Facility. No action authorized in this §4.4 shall be taken without the prior written consent of Developer as long as Developer or any affiliate of Developer owns any Parcel. 4.5 Rate and Payment of Assessments. Common Assessments, Capital Improvement Assessments and Reconstruction Assessments provided for in this Article N shall be allocated and assessed among the Parcels and the Owners thereof as follows: (a) T'he above Assessments shall be allocated among the Parcels and the Owners thereof as set forth in Article XXIII heroof and Exhibit "D" attached hereto. (bj The Retail Owner shall allocate. an Assessment levied upon it among the owners of the Retail Units by multiplying the amount of such Assessment by the percentage ownership of common elements appurtenant to each particular Retail Unit under the- Retail Declaration of Condominium. (c) The .Chamber Owner shall allocate an .Assessment levied upon it among the owners of the Chamber Units by multiplying the amount of such Assessment by the percentage ownership of common elements appurtenant to each particular Chamber Unit under the Chamber Declaration. of Condominium. {d) Garage Owner may .modify the formula set forth in Article XXIII and Exhibit "D" and referenced in Paragraph {a) above, in order to account for unforeseen changes in development plans and to maintain an equitable system of Assessment allocation. Any change which would increase the allocation to the Retail Parcel and/ar the Chamber Parcel far a given type of expense by mare than 25% in any twelve (12) month period over the current allocation shall be subject to written consent by the Retail Owner and/or the Chamber Owner, as the case may be. (e) In the event any Parcel is declared to be a condominium, the association established to operate such Parcel shall, at the request of the Garage Owner, collect the Shared Expenses applicable to each condominium unit situated within such condominium and shall remit such funds to the Garage Owner. Further, such association shall have a lien right against each condominium unit within the condominium it operates to secure payment of each condominium unit's applicable portion ofthe Shared Expenses. Common Assessments shall be estimated annually, in accordance with §4.6, and payable in monthly or quarterly installments as the Garage Owner may determine, one full. month or quarter, as applicable, in advance, on the dates determined by Garage Owner of which dates Garage. Owner shall 'inform the Owners reasonably in advance. Adjustments to the- Common Assessments made necessary by changes in the Shared Expenses shall be made during a particular f seal year or at the beginning of a next fiscal year, as the Garage Owner determines, but until notified of how adjushnents are to be handled, Owners shall continue to pay installments at the same intervals and in the same amounts as the mast recent previously due installments. Capital Lnprovement and Reconstruction Assessments shall be due within thirty (30) days after notice of such an Assessment is given by the Garage Owner, ar in such monthly or quarterly installments as Garage Owner may specify. Special Assessments shall be due within thirty (30) days after notice of such an Assessment is duly given,, except as may be otherwise specifically provided in this Declaration. If any installment of any type of Assessment is. not paid when due, all scheduled or pending instalhneats of such fype of Assessment for the.. following twelve months may be accelerated and shall be due in one lump sum, to the extent allowed by law. If a certain type of Assessment or installment thereof is defaulted upon, in addition to acceleration of all installments of sttch type of Assessments, all other types of Assessments, or installments may be accelerated and deemed due in one lump sum. The determination whether to .accelerate Assessments ar installments thereof shall be made by the Garage Owner or Creditor Owner (.whichever is applicable) in the course of enforcement of defaulted obligations pursuant to §5.4. 4.6 Accounting and Budgeting Matters. 'The Garage Owner shall cause to be prepared an annual balance sheet and operating statement reflecting income and expenditures far the Burdened Shared Facilities for which the Retail Parcel and the Chamber Parcel are obligated to pay Shared Expenses as herein provided, for each fiscal year, and shall cause to be distributed a copy of each such statement to each Owner and to each Mortgagee who has filed a written request for copies of the same with the Garage Owner. At least thirty (30) days prior to the beginning of each fiscal year, the Garage Owner shall prepare and distribute to the Owners a written, itemized estimate {budget} of the expenses to be incurred by the Garage Owner during such year in performing its functions under this Declaration and for which the Retail Parcel and the Chamber Parcel are obligated to contribute. The first annual Common Assessment shall be adjusted according to the number of months remaining in that fiscal year. The estimate may (but need not) include reasonable reserves for repairing and replacing improvements (computed by means of a formula based upon the estimated life and estimated repair and replacement-costs for each improvement) and may {but need not) include reserves for contingencies {neither such reserve shall be considered a Capital lmprovement or Reconstruction Assessment}. Common Assessments shall be based on such budget. The Garage Owner may at any time, amend such budget and the Common Assessments shall be amended accordingly to the extent such budget and Assessments were inadequate and additional sums are needed. Written notice of any change in the amount of the annual Common Assessment shall be sent to every-Owner at least. thirty (30) days prior to the effective date of the change. At the end of any fiscal year all excess funds over and above the amounts used far :Shared Expenses shall be retained by the Gara. ge Owner and used to reduce the following year's Common Assessments.. 4.7 Developer's Guarantee. Anything to the contrary herein notwithstanding, neither Developer nor any affiliate of Developer shall be liable for any Assessments imposed upon any Parcel of which it or they are the Owners as long as Developer and/or affiliates of Developer pay all def tits in operation of the Burdened Shared Facilities above the Assessments collectible from other Owners of Parcels at some rate which has been guaranteed to such Owners. In calculating any such deficit, only actual current expenses (other than management fees, capital expenses and reserves) shall be counted. No Assessments shall be due from Developer or any affiliate of Developer for any Parcel until a certificate of occupancy has been issued therefor. Article V. EFFECT OF NON-PAYMENT OF ASSESSMENTS; REMEDIES OF THE G~R~GE Owt~>;x AND CREDITOR OWNER 5.1 Imposition of Lien..A lien is hereby imposed on each Parcel (a} for enforcement by and for the benefit of the Garage Owner, to secure payment of all Assessments now or hereafter imposed in accordance with this Declaration, and {b) for enforcement .by and for the benefit of any Creditor Owner, to secure repayment to such Creditor Owner of amounts advanced by such Creditor Owner, in the manner provided in X5.2, for the account of a Defaulting Owner. Such lien shall also secure payment to the Garage Owner or repayment to the Creditor Owner of all late charges and interest assessed on delinquent Assessments pursuant to §4.5, reimbursement far or payment of all reasonable attorneys; fees and other reasonable costs incurred by the Garage Owner or Creditor Owner in connection with the collection of claims relating to unpaid Assessments or other amounts due and/or the enforcement of the lien and payment of all amounts far subsequent Assessments, if any, the maturity of which may have been accelerated pursuant to §5.4 as a result of the event of a default in one payment of Assessments. If all or any portion of any installment of a Common Assessment, Capital Improvement Assessment, Special Assessment or Reconstruction Assessment is not paid within ten (10) days after its due date, the. Owner responsible therefor may be required to pay a late charge equal to ten (]0%) percent of the amount unpaid. If all or any portion of any installment of an Assessment or any other amount due hereunder is not paid within thirty (3Q) days after it is due, the Owner responsible therefor shall owe interest on the unpaid amount from its due date at the highest lawful rate then applicable to loans of that amount. 5.2 Creditor Owner Advances on Behalf of Defaulting Owner. If any Owner shall fail to pay Assessments or such other amounts as may be due and payable pursuant to the terms of this Declaration {including, without limitation, late charges and interest on past due Assessments) , then any other Owner may pay the same, and the Defaulting Owner shall then 6e indebted to the Creditor Owner for such amounts, on which interest shall accrue at the rate specified in ~5. !, and the Creditor Owner shall also have the Iien on the Defaulting Owner's Parcel provided for in §5:1, to secure payment of such indebtedness. 5.3 Notice of Claim of Lien. Nv action shall be brought to foreclose any Assessment lien herein unless at least thirty (3D) days has expired following the date a Notice of Claim of Lien is deposited in the United States mail, certified or registered, postage prepaid, tv the Defaulting Owner of the Parcel; and a copy thereof has been recorded by the Garage Owner or the Creditor Owner, whichever is applicable, in the Public Records of the County. Any such Notice of Claim of Lien must recite a sufficient legal description of the Parcel liened, the record Owner or reputed Owner thereof, the amount claimed {which may include interest and late charges on the unpaid Assessment at the rates and amounts described in §S.I, reasonable attorneys' fees, late charges and expenses of collection in connection with the debt secured by the lien, and late charges), and the name and address of the claimant. Any such Notice of Claim of Lien shall be signed and aelaiawledged by an officer or agent of the Garage Owner or the Creditor Owner, whichever is applicable. 5.4 Collection of Unpaid Assessments. If any Assessment or installment thereof is not paid within thirty (30) days after its due date, the Garage Owner or the Creditor Owner (whichever is applicable) may mail a default notice to the Defaulting Owner and simultaneously to each Mortgagee of the Defaulting Owner's Parcel or of the Retail Units or Chamber Units within such Parcel who has requested a copy of such default notice, and in the event that an action for lien foreclosure is contemplated, a Notice of Claim of Lien pursuant to the preceding section shall also be sent to the Defaulting Owner and Markgagees, if any, who have requested a copy of such notice. A single notice meeting the requirements of both the default notice and the Notice of Claim of Lien may in the alternative be issued, in accordance with the same schedule and to the same persons as stated in the preceding sentence. The default notice shall specify (a) the fact that one or more Assessments or installments thereof or other amounts due hereunder are delinquent, (b} the action required to cure the default, (c) a date, not less than thirty (30} days from the date that the default notice is mailed .to the Defaulting Owner, by which date such defaults must be cured, and (d) that failure to cure the default on ar before the. date specified in the notice may result in acceleration of the balance of the Common Assessments yr installments thereof becoming due in the following. twelve months, and in the. acceleration of all other Assessments which shall have been levied but oat yet become due and payable, and may also result in the foreclosure of the lien securing unpaid amounts. S.5 Creditor C?wner's Remedies for Non-Payment. (a) Enforcement of Lien. The Creditor Owner may bring an action in its. name to foreclose any lien on a Parcel in the manner in which mortgages of real property are foreclosed in Florida and may .also bring an action to recover a money judgment for unpaid Assessments or other amounts due with interest thereon (plus the costs and expenses mentioned in §S.1 hereof) without waiving. any claim of lien, provided that in either ease the Creditor Owner must give the Defaulting Owner at least thirty (3{1) days written notice of its. intentions and, in the ease of a foreclosure, must file a Notice of Claim of Lien in the Public Records of the County. Upon the timely curing of any default (including the payment of fees and costs secured by the Creditor Owner's lien) for which a Notice of Claim of Lien was filed, the Defaulting Owner is entitled to have a satisfaction of lien recorded upon payment to the Creditor Owner. (b) Attorney's Fees, and Other Costs of Enforcement. Reasonable attarr-eys' fees incurred by the Garage Owner or Creditor Owner, whichever is applicable, incident to the collection of unpaid Assessments. or other amnunts due or the enforcement of any lien provided for by §S.1 (including attorneys' fees in connection with any review of a judicial or administrative proceeding by appeal or otherwise) ,together with ail sums advanced and paid by the Garage Owner or Creditor Owner, whichever is applicable; or its agent for taxes and payments on account of superior liens nr encumbrances that may be. required to be advanced by the Garage Owner yr Creditor Owner, whichever is applicable, or its agent in order to preserve and protect its hen, shall be payable by the Defaulting Owner and secured by the lien of the Garage Owner or Creditor Owner, whichever is applicable. 5.6 Curing of Default. Upon the timely curing of any default for which a Notice of Claim of Lien was filed by the Garage Owner or Creditor Owner, whichever is applicable, an officer thereof shall record an appropriate Release of Lien upon payment by the Defaulting Owner of a fee, to be determined by the Garage Owner or Creditor Owner, whichever is applicable, to cover the cost of preparing and recording the release. A certifcate executed by and acknowledged by any authorized officer or agent df the Garage Owner or Creditor Owner, whichever is applicable, stating. the amount of the indebtedness secured by the lien upon any Parcel created hereunder shall be conclusive as to the amount of such indebtedness as of the date of the certificate with respect to alI persons, other than the Owner of the subject Parcel, who rely on it in good faith. Such a certificate shall be furnished to any Owner upon request at a reasonable fee. 5.7 Cumulative Remedies. The liens and the rights of foreclosure- and sale hereunder steal[ be to addition to and not in substitution for ali other rights and remedies which the Garage Owner or Creditor Owner ar other Owners and their assigns may have hereunder and under law, including a suit to recover a money judgment. 5.8 Priority of the Lien. The lien to secure payment of Assessments. shall be effective. from and relate back to-the date on which this Declaration is recorded in the Public Records of Palm Beach County, Florida. The sale or transfer of any Parcel shall not affect the Assessment lien. Liens for unpaid Assessments under this Article V shall be superior to liens for assessments of any Condominium Association established with respect to any Parcel in the Garage. S.9 Each Iaim S agate. Each claim of any parry arising under this Declaration shall be separate and distinct, and no defense, set-off or counterclaim arising against the enforcement of any lien ar other claim of any party hereto shall thereby be or become a defense, setoff or counterclaim against the enforcement of any other lien ar claim. Article Vl. OPERATION AND'MAINTI~NANCE 6.I Compliance with Laws and Insurance Requirements. Each Owner shall comply with all laws, rules, orders, ordinances, regulations and requirements (hereafer in this §6:1 collectively referred to as "laws" and each of which is individually referred to as a "law") now ar hereafter enacted or promulgated, of the United States, the State of Florida, the County, the City, and of any ether governmental authority or agency thereof now or hereafter having jurisdiction, and also of any recognized insurance rating organization and of any other body or board concurrently or successively exercising- .similar functions, and .of any other lawful authority having jurisdiction, relating to the ownership, Maintenance ar use of the Parcel owned by such Owner, and of any Shared Facility within another Parcel for which such Owner has Maintenance responsibility, if noncompliance with such law would subject any other Owner td Iiability or criminal prosecution, or would jeopardize the full force qr effect of the certificates of occupancy for the Garage, ar portions thereof, or would result in the imposition of a lien against the Parcel of any other Owner or would cause termination of or would increase the rate of premiums on any public liability insurance policy maintained by the Garage Owner, the Retail Owner or the Chamber Owner, as the case may be, or on any casualty insurance policy maintained by .such Owner or any other Owner. The provisions of this section shall not be deemed to relieue any Owner of the obligation to perform any maintenance for which such Owner has the responsibility. b.2 Construction and Other Liens. An Owner shall, within sixty (60) days after the filing of any construction, materialman's ar other lien, bond off or otherwise remove of record any construction, materialman's or other lien affecting the Parcel of any other Owner, arising by reason of any work or materials ordered by such Owner or by reason of any act taken or suffered or omitted by such Owner. Removal of record of such lien may be accomplished by any means provided in the Florida Construction Lien Law or a successor statute thereto. 6.3 Aisturbances. No Retail Owner and no Chamber Owner shall permit any noxious odor, noise or vibration which under the circumstances is unreasonable to emanate from the Parcel owned by such Owner (except for a noxious odor, noise or vibration caused by a Shared Facility within such Parcel for which another Owner has the IVlaintenance responsibility) which will damage or disturb the occupancy of any other Parcel or the enjoyment of any Shared Faci]ity. The Owner who is to bear the Maintenance responsibility far any Shared Facility located within another Parcel; shall utilize its best efforts to not permit and to correct any noxious odor, noise or vibration which under the .circumstances is unreasonable to emanate from such Shared Facility which will damage or disturb the occupancy of the Parcel of any other Owner ar the enjoyment of any Shared Facility serving any -other Owner. Notwithstanding the foregoing, all Owners recognize and acknowledge that certain activities within amulti-story parking garage, especially where the second floor of the garage essentially serves as the roof of the Retail Condominium Units and Chamber Condominium Units, will by their very nature result in noise and odors which are unavoidable. By taking title to their respective Retail Units and Chamber Units, each Owner agrees to these anticipated and unavoidable conditions. All activities by or on behalf of any Owner in the 'use and occupancy of such Owner's Parcel, including, without limitation, Maintenance shall be performed, insofar as passible, in a manner which minimizes interference with the use of any other Parcel. 6.4 Maintenance of Parcels. Subject to §6.5, each Owner shall be responsible for the Maintenance of all portions of its Parcel as well as the Extures and equipment in its Parcel that .serve only its Parcel (including but not limited to heating, ventilating and air conditioning equipment, plumbing fixtures and connections thereto, and electric panels, outlets and wiring). Each Owner shall also be responsible for the Maintenance of all facilities serving its Parcel exclusively which are Iocated within the Parcel of another Owner. 6.5 Maintenance of Shared Facilities. The Garage Owner shall be responsible for the Maintenance of all portions of the Garage not required to be maintained by the respective Owners. This responsibility shall specifically include I1~faintenance of the Shared Facilities, including the Burdened Shared Facilities. b.6 Requirements. AlI Maintenance in .the Garage shall be performed in a good workmanlike manner, by employees or agents of the Garage Owner or Manager, ar (in the ease of Maintenance which is not the responsibility of Garage Owner, and the performance of which has not been let.to Garage Owner or the Manager) by licensed bonded contractors approved by Garage Owner which contractors shall carry public liability insurance and employer liability insurance in amounts satisfactory to Garage Owner and such worker's compensation insurance as required by law. Article VII. INSURANCE 7.1 Propert~Damage Insurance. Each Owner will be liable far "all risk" property damage to its Parcel, all facilities serving its Parcel exclusively but located outside of the boundaries of its Parcel, and all Shared Facilities within its Parcel. To this end, the Garage Owner shall provide -and maintain all risk property damage insurance coverage to include wind and flood up to the replacement value of the Garage. As a Shared Expense under Exhibit C, premium and self-insured retentions will be allocated. among Owners as defined under Exhibit D. This policy of insurance shall provide that a1I monies for losses payable by this policy shag be paid to the Insurance Trustee provided for in 12.1. The Insurance Trustee shall pursue "damage to the structure" in accordance with Article VIiI. Under this policy of insurance, each Owner and their mortgagee, if any, will be a Ions payee as their interests may appear and shall waive any rights of subrogation or other related legal action against the Garage Owner. The Garage Owner will have the right to negotiate claim settlement under this policy of insurance for all Owners. The Garage Owner shall have the right to renegotiate or renew this policy of insurance as considered necessary, for the best interests of the Owners, without notification to the Owners. 7.2. Casual Insurance. The Garage Owner shall provide. and maintain: (a) Garage Liability ]nsurance in an amount of at least $1,400,000 per occurrence/ $2,000,000 annual aggregate, combined single limits, against claims for personal-injury, death or property damage occurrigg upon, in or about the Shared Facilities, and on, in or about the streets, sidewalks and passage-ways adjoining the Garage for which the Garage Owner has the Maintenance responsibility; and (b) for its employees, worker's compensation insurance to the extent required by law, and employers' liability insurance of at least $100,0001$100,000/$500,000. The premium and sel f insured retentions for such general Lability insurance shall be a Shared Expense. 7.3 Insurance for Retail Unit Owners and Chamber Unit Owners. The Owners of the Retail Units in the Retail Parcel and the Owners of the Chamber Units in the Chamber Parcel shelf carry insurance for their own benefit. Each Owner shall provide and maintain conunercial general liability insurance covering its Parcel, all facilities serving its Parcel exclusively but located outside of the boundaries of its Parcel, and all Shared Facilities within its Parcel. -The same minimum insurance limits will be required as above for the Garage Owner: $1,000,000 per accunence/ $2,000,000 annual aggregate, combined single limits; for its employees, worker's compensation insurance to the extent required by law, and employers' liability insurance of at .least .$100,000/$100,0001$500;000. In addition, the cammercial general liability insurance policy shall name as an additionai insured the Garage Owner, and to the extent permitted by law the Owner and its insurer(s) will waive (and will so endorse all insurance policies) all rights of subrogation they may have against the Garage Owner. Owners will be liable for all risk property damage in an amount equal to the replacement value of their contents, and for improvements installed or acquired at the expense of Owner. 7.4 Owner's Insurance Policies. All Owner insurance policies will be primary, and not contributory, to the Garage Owners insurance orself-insurance programs. Cancellation, intent to non-renew, or material reduction or change in insurance coverage shall require at least thirty. (30j days notice to the Garage Owner. As a condition precedent to occupancy, the Garage Owner shall receive and approve Certificates of Insurance evidencing the insurance coverage required of Owner under this Article. Renewal Certificates shall be provided to the Garage Owner at lest ten (10) days prior to the expiration of any policy. The form, amount and coverage, and every other matter relating to the insurance required to he maintained by each Owner under this Article VII including the insurance company or broker which is to issue or place such insurance, shall be subject to review and approval by the Garage Owner or by an insurance consultant appointed by the Garage Owner. The fees of any such insurance consultant shall be a Shared Expense. All insurers of the Owners shall be authorized to do business in Florida and shall have an A,M. Best rating of V-NII, or equivalent. Article VIII. DAMAGE TO THE STRUCTURE 8.1 Repair and Restoration. (a) Mandato R air and Re toration b Retail Owner and Chamber Owner in Occurrences Involvin No Dama a Affectin Gara a Parcel or Shared Facilities. Tf any portion of the Retail Parcel and/or Chamber Parcel is damaged by fire or other casualty and there is no damage to any facility serving the Garage Parcel and contained in the Retail Parcel and/or Chamber Parcel and there is no damage to any improvements located in the Garage Parcel or to any Shared Facilities, then the portion of the Retail Parcel andlor Chamber Parcel so damaged (except for furniture, furnishings and fixtures in the Retail Units contained in the Retail Parcel. and/or in the Chamber Units contained in the Chamber Parcel) shall be repaired and restored as promptly as is reasonable by the Retail Owner and/or the Chamber Owner, as the case maybe, in accordance with the then existing Garage Plans {with such changes as are permitted by §9.1 }The. Retail Owner and/or the Chamber Owner, as the case may be, in accordance with the provisions of this Article VIII, shall be entitled to withdraw any insurance proceeds held.by the Insurance Trustee by reason of such. damage, for application to the cost and expense of such repair. and restoration. (b) Mandatory Repair and Restoration by Garage Owner in Occurrences Involvin No Dania a Affectin Retail Parcel Chamber Parcel or Shared Facilities. If any portion of the Garage Parcel is damaged by fire or other casualty, and there is nn damage to any facility serving the Retail Parcel andlor the Chamber Parcel and contained within the Garage Pazcel, or to any improvements located in the Retail Units, Chamber Units or to any Shared Facilities, then the portion of the Garage Parcel so damaged shall be repaired and restored by the Garage Owner in accordance with the then existing Garage Plans (with such changes as are permitted by §9.1) .The Garage Owner shall, in accordanc. a with the provisions of this Article VIII, be entitled to withdraw any insurance proceeds held by the Insurance- Trustee by reason of such damage for application to the cost and expense of such repair and restoration. {c} Mandatory Repair and Restoration of DamaEe.Affecti e All Pazcels andlor Shared Facilities. if any portion of the Garage is damaged, and if the provisions of the preceding paragraphs of this §S.1 are no# applicable, then the repair and restoration of such damage {i} to any Shared Facility, Visible Areas, facility located in one Parcel but serving another Parcel or portions of the Retail Parcel and/or Chamber Parcel insured under policies maintained pursuant to §7.I hereof shall be performed by the Garage Owner on behalf of ali the Owners; (ii) to any portions of a Parcel other than those areas described in item (i) shall be performed by the Owner of the damaged Parcel. The Garage Owner shall, in accordance with the provisions of this Article VIII be entitled to withdraw any insurance proceeds held with regard to any Parcel by the Insurance Trustee by reason of such damage for application to the cost and expense of such repair and restoration. (d) Seif-HeIo. If at any time any Owner (hereinal}er referred to in this paragraph as the "Non-Performing Owner") shall not be proceeding diligently with any work of repair and restoration required of it hereby, then any other Owner who would .be benefited by such repair and restoration shall give written notice to the Non-Performing Owner and any other Owner specifying: the respect in which such repair and restoration is not proceeding diligently. If, upon expiration of thirty (30) days alfer the giving of notice, the work of repair and restoration is not proceeding diligently, then, subject to the Nan-Performing Owner's right to dispute as set forth below, the Owner giving notice may perform such repair and restoration in.accordance with the then existing Garage Plans (thereby releasing the Nan-Performing owner from any Iiability for the quality of such repair or restoration performed by .said other Owner} and may take alI appropriate steps to carry out the same, including, without limitation, entry onto the Parcel of any Owner to the extent necessary to perform such repair and restoration. The Owner performing such repair and restoration shall, in accordance with Article VIII, be entitled to withdraw any insurance proceeds held by the Insurance Trustee 6y reason of such damage, for application to the cost and expense of such repair and restoration. If there is a dispute between the Retail [Owner and Garage Owner, or between the Chamber Owner and Garage Owner, as to whether the Retail Owner or Chamber Owner, respectively, is proceeding diligently with the work of repair and restoration, Garage- Owner may proceed with self-help. If the Garage Owner is diligently negotiating in good faith the settlement of any insurance claim under a policy held by it pursuant to Article VII, which is required to fund repair of a casualty insured by the policy in question, Gazage Owner shall not be regarded as failing to proceed diligently with any repair or restoration required of it. (e) Optional Repair atld Restoration. Notwithstanding subsections (a) and (b} above, if any portion of a particular Parcel is damaged by frre or other casualty and there is no damage to any facility serving another Parcel, or to a Visible Area or to a Shared Facility, then the portion so damaged may be repaired and restored by the Owner of such damaged Parcel. However, such Owner shall have no abligataon to cause such repair and restoratian to be performed. Whether or not such Owner shall elect to perform such repair and restoration, the Owner shall be entitled to withdraw any insurance proceeds held by the Insurance Trustee by reason of such damage. 8.2 Repair and Restoration Procedures. The plans and specif cations for any repair or restoration to he performed under §8.1 shall 6e prepared by the Architect designated in accordance with § 12.1. Unless the Owners shall otherwise agree, plans and specifications for any repair or restoration shall be developed consistent with the then existing Garage Plans. The Architect shall assist the Owner responsible for performing the repair ar restoratian in question in obtaining bids therefor from responsible confractors. Such contractor shall be chosen in the manner provided in Article XI hereof. The contractor shall work under the administration of the Architect and the Owner responsible under §$. L for causing. such repair and restoration to be performed. The Architect for a given repair or restoratian is hereby authorized and directed to deliver Such certifications and instructions as may be required by Article ?GI to the ]nsurance Trustee, from time to time as such repair and restoration progress, to obtain disbursement for application to the cost and expense of such repair and restoration of (a) the insurance proceeds and (b) any other monies for such repair or restoration, which may have been deposited. with the Insurance Trustee pursuant to §8.3. All instructions to the Insurance Trustee shall he made available by the Architect at reasonable times for inspection by any Owner-who will benefit from the repair or restoration being. made. 8.3 implication of Insurance Proceeds and other Funds to Repair and Restoration. (a) Insufficient Insurance Proceeds. Al! insurance proceeds paid in connection with a casualty shall be used to their full extent to fund restoration and repair hereunder. If the cast and expense of performing any repair and restoration provided for in § 8.1 shall exceed the amount of insurance proceeds paid under policies maintained 6y the Owners by reason of the damage being repaired and restored, then such excess cost and expense shall be borne (subject to §8.3 (b) } by the Owners in proportion to the cost and expense of repairing and restoring the improvements within each of their respective Parcels. For the purpose of determining such proportions, the cost and expense of repairing and restoring any Shared Facility shall be allocated by the Architect to the Owners in the proportion which shall be determined pursuant to Article XXIII and Exhibit "D". In any such instance of repair or restoration which is to be performed pursuant to §$.1, if the Architect's estimate. of the cost and expense afperfonning such repair or restoration (or, if a fixed cast construction contract shall have been executed providing for the performance of such repair and restoration, then the ffxed costs so provided for, plus all other expenses estimated by the Architect) exceeds the amount of insurance proceeds paid by reason of the damage which shall have necessitated such repair and restoration, then the Garage Owner shall iunpose a Reconstruction Assessment upon each Owner for its proportionate share of the amount of such excess cost and expense which shall be borne as provided above in this §8.3 (a) ,whereupon each Owner shal] so deposit with the Insurance Trustee the amount of such Owner's Reconstruction Assessment. if any Owner (hereinafter referred to in this sentence as the "Defaulting Owner") shall fail to pay, or, as the case may be, deposit, the Defaulting Owner's Reconstruction Assessment in accordance with this paragraph, then the Defaulting Owner's obligation may be enforced and the lien on the Defaulting Owner's Parcel securing payment of Assessments may be foreclosed, .in accordance with Article V hereof. (b} Limitations on Repair or Restoration of the RgtailParcel and the Chamber Parcel. In the event that the Retail Condominium Declaration and/or Chamber Condominium Declaration is recorded, and if following such recording, a casualty occurs, and the Garage is totally destroyed or Substantially Damaged, as hereinafter defined in §8.3(d), and the requisite percentage of voting interests of the unit owners (within the meaning of the Condominium Act and the respective Declarations of Condominium, duly and promptly resolve not to proceed with repair or restoration, then the Garage, if the Garage Owner so elects, shall be restored as provided in §8.1, but the liability of the unit owners constituting the Retail Owner and/or the Chamber Owner, as the case may be, for the costs of such repair or restoration shall be limited to the extent of the proceeds of insurance maintained pursuant to §7.1 hereof. Any deficit in the funds needed to fully repair and restore the Garage in the manner provided for in §$.1 which is due to such election of Retail Owner and/or the Chamber Owner, as the-case may be, shall be compensated for by a commensurate decrease. in the amount of repair and restoration to be done to the Garage, or Garage Owner shall have the option but not the obligation to pay any-such defcit. No unit-owner shall: be subject to suit or claim by the Garage Owner for monies in excess of such insurance proceeds, or for the proceeds of insurance maintained pursuant to §7.4 hereof, and the board of directors of the Retail Condominium Association and/or Chamber Condominium Association, as the case maybe, shall not be required ko assess the unit owners for such excess cost or expenses. Garage Owner shall have the option but not the obligation to purchase the Retail Parcel and/or the Chamber Parcel, as the case maybe, pursuant to §24.1 in the event of an election by the unit owners as and for the Retail .Owner and/or the Chamber Owner, as applicable., under this paragraph. In the event Garage Owner elects to make such purchase, the proceeds paid to the Insurance Trustee from the casualty insurance policies of the Retail Owner, the Chamber Owner and the Garage Owner shall first be utilized #o fund the purchase price and closing costs of such purchase of the Retail Parcel and/or the Chamber Parcel, as the case may be, by Garage Owner, and any funds thereafter remaining shall be disbursed by the insurance Trustee to the Garage Owner, or its mortgagee(s), as their interests may appear, for utilization in the repair of the Garage or for such other purposes as Garage Owner and/or such mortgagees} may reasonably determine, (c) Excess Repair and Restoration Funds. Upon completion of the repair and restoration in accordance v~ith this Article of any damage to the Garage, any insurance proceeds and any construction Assessments paid to the Insurance Trustee by reason of such damage in excess of the cost and expense: of performing such repair and restoration shall be refunded to the Owners in the respective proportions by which each Owner contributed funds to the funds held by the Insurance Trustee, attributing. to each Owner as its contribution the proceeds paid into the Insurance Trustee. fund by the insurer under any insurance policy maintained 6y such Owner, plus any Reconstruction Assessment paid by such Owner for such repair and restoration. (d) Substantial Damage. For the purpose of §8.2 and generally in this Declaration, Substantial Damage to the Garage- shall be defined. as follows: (i). If greater than or equal to 54% of the replacement value of the Garage is destroyed by such a casualty or loss. occurring during the period commencing with the initial recordation of this Declaration and terminating thirty (30) years thereafter ("Initial Period"}; (ii) If greater than or equal to 35% of the replacement value of the Garage is destroyed by a casualty or Ions occurring at any time during the period commencing with the end of the Initial Period and terminating ten (10) years thereafter ("Second Period"); {iii) If an amount greater than ar equal to 25°~0 of the replacement value of the Garage is destroyed by a casualty or loss occurring at any time during the period commencing with the end of the Second Period. 8.4 Limitations on Repair or Restoration, by the Garage Owner. In the event that any casualty or lass results in Substantial Damage to the Garage Parcel, the Garage Owner shall have the option not to proceed with repair or restoration of the Garage Parcel, as well the option not to proceed with any concurrently required repairs to the Retail Parcel and/or Chamber Parcel, notwithstanding any obligation the Garage Owner might otherwise have to make such repairs under §8.I {b) ., (d) and/or (e) .The Garage Owner shall elect whether to exercise such option on or before the ninetieth (90th) day following the date such casualty .or loss occurred, and shall deliver written notice to the Retail Owner, the. Chamber Owner and the Insurance Trustee of any election by it to exercise such option. In the event the Garage Owner does exeroise such option, the Garage Owner shall be deemed concurrently to have exercised the option to purchase the Retail Parcel and the Chamber Parcel granted it under §24.1. In such event, the proceeds paid to the Insurance Trustee from the casualty insurance policies of Retail Owner on the Retail Parcel, the Chamber Owner on the Chamber Parcel and the Garage Owner on the Garage Parcel as a result of the casualty or loss occurrence in question shall first be utilized to fund the purchase price and closing costs of the Garage Owner's purchase of the Retail Parcel and the Chamber Parcel in accordance with Article XXIV, and any funds thereafter remaining shall be disbursed by the Insurance Trustee to the Garage Owner, or its mortgagee (s) , as their interests may appear, for utilization in demolition pf the Garage or such other purposes as the Garage Owner and/or such mortgagees} may reasonably determine. 8.5 Leal Variances. If, to perform any repair or restoration provided for in §8.1, it shall be necessary to obtain a variance, special permit or exception to or change iri zoning or other laws ("variance") in order to repair or restore the Garage to its condition as described in the Garage Plans immediately prior to such damage, and if the Owner responsible for carrying out such repair and restoration believes it is possible to obtain the variance, and so notifies the Owners in writing, then the Owners shall cooperate to obtain the variance. If architectural and/or iegal services shall be necessary to obtain the variance, then the Owner responsible for carrying out such repair and restoration shall retain an architect and/or attorney to perform such services. The legal and architectural fees and all ether costs and expenses of applying.for obtaining the variance, shall be considered as a part of the cost and expense of carrying out the repair and restoration. There shall be nn obligation to commence any repair or restoration if a variance is sought in accordance with this Section, while such variance is being. diligently sought. If any repair or restoration to be performed pursuant to §$.1 hereof cannot be tamed out incompliance: with the law, and if the variance is not obtained pursuant to the immediately preceding paragraph within six {b) months of the date of the casualty, then necessary adjustments shall be made in the plans and specifications for such repair and restoration so that the Garage, as repaired and restored, shall comply with law. However, nn substantial reduction in the floor area contained within the Garage Parcel .or serving the Garage Parcel and no substantial reduction in the flopr area contained within the Retail Parcel or the Chamber Parcel, or areas serving the Retail Parcel or the Chamber Parcel, shall be made without the consent of the Owner who shall be affected by such reduction. If said Owner shall be. unwilling tp so consent, and if it shall not be feasible to make such adjustments without substantially reducing said flppr areas, then such repair and restoration shall not be performed pursuant to .§8.1. Subject to the provisions of.tbe following paragraph, any insurance proceeds, less costs and expenses paid or incurred in applying for the variance,. shall be paid out by-the Insurance Trustee to the Owners in proportion tp the amount such proceeds shall have been paid by the insurers for damage to improvements within the respective Parcels of each of the Owners. If, pursuant to the immediately preceding paragraph, repair and restoration is not to be performed pursuant to §8.1, then the improvements within each Parcel shall be demolished, or repaired and restored, as the Owner of each Parcel shall elect, to such extent, if any, as may be necessary to comply with all laws, rules, orders, ordinances, regulations and requirements pf any government or municipality or any agency thereof having jurisdiction. Such demolition, or repair and restoration, shall be mandatory and shall be performed by the Owner of the damaged Parcel, who shall be entitled tp withdraw any insurance proceeds held by the Insurance Trustee. by reason of such damage. The cost and expense of such demolition, repair and restoration shall be allocated among the Owners in proportion with the cost and expense of repairing and restoring the improvements within each of their respective Parcels, except that for the purpoee of determining such proportions, the cost and expense of repairing or restoring any Shared Facility located within one Parcel alone,. shall be allocated to the Owners in the proportions which shall be determined pursuant to. Article XXIII. Notwithstanding the foregoing, in the event that pursuant to this §8.3 repair or restoration is not to be performed as to a particular Parcel, the Owner of such Parcel shall not demplish Visible Areas or such portion of such Parcel which shall serve as support for the other Farcel or any portions which contain facilities ar areas which serve the ether Farcel unless such demolition shall be necessary to comply with applicable law or unless such Parcel is to be demolished, Also notwithstanding the foregoing, in the .event that pursuant to this §8.5, (a) if repair and restoration is not tp be performed as to the Retail Parcel or the Chamber Parcel, then Garage Owner shall have the option but not the obligation to purchase the Retail Parcel or the Chamber Parcel pursuant to §24.1 and (b) if repair and restoration is not to be performed as to the Garage Parcel, the Garage Owner shall have the option to purchase, and the Retail Owner and the Chamber Owner shall each have the option. to require the Garage Owner to purchase, the Retail Parcel in accordance with §24.i. In the event a purchase of the Retail Parcel or the Chamber Parcel is #o be made under the preceding sentence; the proceeds paid to the Insurance Trustee from the casualty insurance policies of Retail Owner, the Chamber Owner and Garage Owner shall first be utilized to fund the purchase price and closing costs of such purchase of the Retail Parcel or the Chamber Parcel by the Garage Owner, and any funds remaining thereafter shall be disbursed by the Insurance Trustee to the Garage Owner, or its mortgagees, as their interest may appear, for utilization in the repair pf the Garage or for such other purposes as Garage Owner and/or such mortgagee(s) may reasonably determine. Article IX. ALTERATIONS ARCHITECTURAL CONTROL 9.1 Alterations. No Retail Owner or Chamber Owner may at any time make any alterations, change, addition or improvements to any exterior surface, Visible Area, Shared Facility, ar to any portion of the Garage for which the Garage Owner is responsible to maintain, repair and/or replace-under this Declaration, unless approval for such change is first obtained from the Architectzual Committee, which may disapprove of such change solely upon aesthetic grounds or to maintain a uniform exterior appearance as initially shown in the Garage Plans. In connection with approved alterations, the Owner may relocate an easement within its own Parcel granted to any other Owner pursuant to Article II, provided, however, that such alterations shall not, without such other Owner's consent, diminish the benefits afforded to such other Owner by such easement or interrupt such other Owner's. use of-such easement. Retail Owner and Chamber Owner, respectively, shall not alter any Shared Facility in the Retail Parcel and the Chamber Parcel without the consent of the Garage Owner. Garage Owner shall not alter any Shared Facility in the Garage Parcel in any material way which will interrupt or diminish the benefits to Retail Owner and Chamber Owner of such Shared Facility, without the consent of Retail Owner and Chamber Owner. Retail Owner and Chamber Owner each agree that it shall not make, nor permit to be made any alteration of the Retail Parcel or the Chamber Parcel, as the case may be, or the units therein which shall necessitate the erection of additional columns, bearing walls, or other structures upon the Garage Parcel for the support of the Retail Parcel or Chamber Parcel. If at any time any Owner proposes to make any such alterations, and if such alterations will change the location of, reduce the area of, or otherwise affect, any easement granted to another-Owner pursuant to Article II, or such alteration is of the type for which the consent of the other.Owner is required under the preceding paragraph, then, before commencing such alterations, the Owner who proposes to make such alterations shall give to such other Owners a copy of the plans and specifications showing the proposed alterations. If such other Owners shall not, within thirty (30} days after delivery of said plans and specifications, give the Owner who proposes to make such alterations a written notice objecting to the proposed alterations, then, subject to the other restrictionsset forth in this Article, the proposed alterations may be made by the Owner who proposes same, provided that alterations actually made are shown on the plans and specifications furnished to such other Owner. if the other Owner shall give a written notice objecting to the proposed alterations, and if the Owner who proposes to-make such alterations and the other Owner objecting thereto do not resolve their differences within fiflteen (1 S) days after the giving of such notice, then the Owner who proposes to make such alterations small not commence the same unW the dispute has been resolved by a court of competent jurisdiction. Any Owner making alterations steal[ comply with all laws, rules, orders, ordinances, regulations and requirements of any government or municipality or any agency thereof having jurisdiction and shall, within thirty (3.Q) days after demand by any other Owner, discharge, by the filing of a band or otherwise, any construction, materiahnan's or other lien asserted against the Parcel of such other Owner by reason. of the making of such alterations. Any Owner making an alteration shall provide to the Garage Owner a complete set of as-built plans. with respect to the work performed within thirty (30) days of substantial completion of ssid work. An Owner shall, to the extent reasonably practicable; make alterations in such a manner as to minimize any noise or vibration or odor which would disturb an occupant or occupants of a Parcel owned by any other Owner. Any such alterations shall be made at the cost of the Owner performing the same; provided, however, if the same are performed by the Garage Owner to a Burdened Shared Facility ar as a capital improvement to the Garage as a whole, then such alterations shall be paid for through Common Assessments pr a Capital Improvement Assessment, as may be applicable. Upon completion of any alteration pursuant to this §9.1, the Garage Plans shall be amended to reflect such alteration "as-built". 9.2 Com sP ition. An Architectural Committee shall be formed by Garage Owner and shall consist of three {3) mernbers, who shall be persons designated by Garage.Owner (hereinafter, the "Architectural Committee".). Each of those persons shall hold office until Garage Owner removes him or her and replaces him or her with a new appointee. 4.3 Review of Proaosed Construction. Subject to §9.10 and such rights of approval granted in §9.1 or elsewhere in this DeeIaration, no alteration, addition, improvement or change (hereinafter collectively referred to as alterations, additions, changes or improvements) as provided for in this Article, or reconstruction, repair, demolition or the like as provided for iin Articles VIII and X, (including landscaping) shall be performed, erected or installed on or in the Garage by the Retail Owner or the Chamber Owner, nor any subdivision, .platting or replotting of the Retail Parcel or the Chamber Parcel shall be made, unless and until, in any such ease,. the plans and specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to, and approved in writing, by the Architectural Committee. The Architectural Committee shall approve proposals or plans and specifications submitted for its approval only if it considers that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the Garage as a whole, and that the appearance of any structure affected thereby will be in harmony with the surrounding structures and is otherwise desirable. The Architectural Committee may condition its approval of proposals and plans and specifications as it deems appropriate, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. The Architectural Committee may also issue-rules or guidelines setting Earth procedures for the submission of plans for approval. The Architectural Committee may require such detail in plans and specifications submitted for its. review as iI egnsiders proper, ineluciing, without limitation, floor plans, surveys, elevation drawings and descriptions or samples of materials and colors. Until receipt by it of required plans and specifications and other requested information as necessary; the Architectural Committee may postpone. review of any proposal submitted for approval. The Architectural Committee shall have thirty (30} days after delivery of all required materials to approve or rejec#any such plans, and a proposal tha# is not rejected within such thirty (30) day period shall be deemed approved. 9.4 Meetin of the Architectural Committee. The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. 'I`he Architectural Committee may from time to time, by resolution unanimously adopted in writing, designate a representative (who may, but need not, be one of its members) to take any action or perform any duties for and on behalf of the Architectural Committee, except the granting of variances pursuant to §9.9. In the absence of such a designation, the vote of any two {2) members of the Architectural Committee shall constitute an act of the Architectural Committee. 9.5 Na Waiver of Future Approvals. The approval of the Architectural Committee of any proposals or plans and specificatioru5 or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Architectural Committee, shall not be deemed to constitute a waiver of any right to withhold apptbval or consent as to any similar proposals, plans and specifications, drawings or matters subsequently or additionally submitted for approval nr consent. 9.6 Compensation of Members. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement for third party expenses incurred by them on behalf of the Architectural Committee in the performance of their duties hereunder. The Architectural Committee may retain an architect or engineer to advise it in its deliberations, to review plans and specifications submitted and to inspect work for which approval is required. The Architectural Committee may impose a fee upon an Applicant/Owner to defray the casts and fees of the architect or engineer in reviewing the Applicant's plans and specifications and inspecting the work. 9.7 Inspection of Work. The inspection of work and correction of defects therein, if any, shall proceed as follows: (a) Notice of Completion. Upon the completion of any work for which approved plans are required under this Article, the applicant (who maybe an Owner or the Retail Condominium Association or the Chamber Condominium Association) for such approval ("Applicant"'} shall give the Architectural Committee written notice of the completion. (b) Inspection. Within thirty (30} days thereafter, the Architectural Committee or its authorized representative may inspect the work. If the Architectural Committee finds: that the work was not-done in substantial compliance with the approved plans, it shall notify the Applicant in writing of the noncompliance within thirty (3d) days thereafter, specifying the particulars of noncompliance. (c) Non-Compliance,. Any Applicant who receives notice of anon-compliance as provided in §9.7(b) of this Article shall remedy the noncompliance within thirty (30) days of being notified, and, if he/she fails to, the Architectural Committee shall notify the Owners in writing of the failure, its nature and the estimated cost of correcting or removing it. If the Applicant does not comply within said thirty (30) days, then any Owner at its option, may either remtsve the non-complying improvement ar remedy the non-compliance, and in either case the Applicant shall reimburse such Owner, upon demand, for all expenses incurred in connection with such Owner's action. If the Applicant fails to promptly reimburse such Owner its expenses, such Owner may request that the Garage Owner shall levy a Special Assessment against the Applicant and its Parcel for reimbursement. (d} lrffect of Committee's Failure to Notify Ap~licazat, If for any reason the Architectural Committee fails to notify the Applicant of any pan-compliance within thirty (30) days after its receipt of a written notice of completion from the Applicant, the improvements shall be deemed to be in accordance with the. plans approved by the Architectural Committee. 9.8 Nan-Liability of Committee Members. Neither the Architectural Conunittee, any of its members, nor its authorized representative, shall be liable to either Condominium Association, any Owner or any other person or entity for any Ioss, damage or injury arising out of or in any way connected with the performance of the Architectural Committee's duties hereunder, unless the loss, damage or injury is due to the willful misconduct or bad faith of one of its members {in which case only the culpable member shall have: any liability). The Architectural Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition an the basis of aesthetic considerations and the overall benefit or detriment which would result to the Garage. The Architectural Committee shall take into consideration the aesthetic aspects of the architectural designs, landscaping, color schemes, finishes and materials and similar features. It shall not, however, be responsible far reviewing any plan or design from the standpoint of structural safety or conformance with Garage or other codes: 9.9 Variancos. The Architectural Ganunuttee may authorize a variance from compliance with any of the architectural provisions of this Declaration when circumstances such as natural obstructions, hardship, ar aesthetic or environmental considerations dictate a variance. Any such variance must be evidenced in a writing signed by at least two {2) members of the Architectural Committee. No violation of this Declaration shall be deemed to have occurred with respect to a matter for which the variance was granted. The granting of such a variance shall not, however, operate to waive any of the restrictions in this Declaration for any purpose except as to the particular Parcel and particular provisions hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his/her use. of the Farcel covered by the variance, including, but not limited to, zoning ordinances and set-back lines ar requirements. imposed by any governmental ar municipal authority, nor the Owner's obligation to seek approval by another Owner as set forth in §9.I. 9. l Q Developer's and Garage Owner's: Exemytion. The provisions of this Article I?X shall pat apply to Developer and to any and all construction, alterations,. additions or other work planned or performed by Developer,. any affiliate of Developer, or the Garage Owner. 9.11 Compliance with Governmental Rules. Notwithstanding anything to the contrary in this Article IX, the exercise of the Architectural Committee of its discretion or decisions by the Architectural Committee of any matter herein described under this Declaration, shall not constitute the approval, ratification, waiver, excuse, consent, ar opinion of the City acting if its governmental capacity, and nothing. contained herein shall excuse ar waive. compliance by any person with all applicable governmental rules, codes, laws and reguIatians. Article X. CONDEMNATION I O. l Payment to Insurance Trustee. Any awards for damage, direct and consequential, resulting from the taking, other than a temporary taking, by the exercise of the.power of eminent domain, by any sovereign, municipality or other public or private authority, of al] or any part of the Garage or the easements or other appurtenances thereto shall be paid to the Insurance Trustee provided for in §12.1. 10.2 Allocation of Awards. The awards received by the Insurance Trustee pursuant to § 10.1 shall be allocated by the Architect among the Owners in that proportion which the damage to each Owner's Parcel and to all easements and other appurtenances thereto shall bear to the damage to all of the Parcels and the easements and other appurtenances thereto, taking. into account the allocation provided for in Article XXIII and Exhibit "D", and the award shall be distributed by the Insurance Trustee to the respective Owners (or to any lessee or markgagee to wham any Owner's rights to such award are assigned pursuant to § 17.4) in accordance with such allocation, subject, however, to the provisions of §§ I0.4 and 10.5. If the damages to each Owner's Parcel and the easements and other appurtenances thereto shall have been determined by a court of law or equity in connection with the taking proceeding, then, subject to any right of appeal, such determination shall be conclusive as to the proportions of the. total award to be allocated to each of the Owners pursuant to this § 10.2, in lieu of application of the preceding sentence. Notwithstanding the foregoing, all condemnation procceds:alloeated to any Owner shall fast be paid to the Insurance Trustee, for utilization pursuant to § 10.4 in funding repair and restoration, and §§.10.3 and 10.4 shall control the timing and amount of any subsequent distribution to the Owners. 10.3 Repair and Restoration Following Condemnation. If the taking authority shall take a portion of the improvements within Drily one Parcel and if such taking dots not include any facilities within such Parcel which serve pr benefit the Owner of another Parcel or any Shared Facilities, then, subject to the provisions of § 10.5, the repair and restoration of such improvements shall be performed by the Owner of such improvements, and such Owner shall be entitled to withdraw, for application to the cost of said repair and restoration, in accordance with the provisions ofArticle VIII, that portion (which may be 100%) of any condemnation award or awards paid to the Insurance Trustee by reason of such taking which shall have been allocated to the ()caner of such improvements pursuant to § 10.2. In the event of a taking, if the provisions of the preceding paragraph shall not be applicable, then, subject to the provisions of § 10:5,: the repair and restoration of any damage to the Garage occasioned by such taking shall be performed by the Garage Owner on behalf of all of the Owners. The.plans and specifications for such repair and restoration shall be prepared by the Architect. Such plans and specifcations shall provide for such changes in the Garage as shall be required by reason of such taking. After completing the preparation of such- plans and specifications, the Architect shall furnish to each Owner a set of such plans and specifications, and shall assist the Garage Owner in obtaining bids for such repair and restoration from responsible contractors. On the basis of such bids the Architect shall famish each Owner with an estimate of the portions 6f the cast and expense of such repair and restoration which are to be borne by each of the Owners, respectively, in accordance with the allocation provided for in § I0.4. Such contractor shall be selected iii the manner provided in Article XI hereof. The contractor shall work under the administration of the Architect and Garage Owner. The Garage Owner is hereby authorized, empowered and directed to instruct the Insurance Trustee from time to time as such repair and restoration progress, to disburse in accordance with the Architect's certificate issued pursuant to § 12.2 the condemnation award or awards paid to the Insurance Trustee pursuant to § 10.1 by reason of the taking and any other moneys deposited with the Insurance Trustee pursuant to § 10.4, for application to the cast and expense of such repair and restoration. Each such instruction given by the Garage Owner to the Insurance Trustee to disburse fiends for such cost and expense shall be accompanied by a statement of the Architect setting forth the portion of such cost and expense which is to be borne by each of the respective Owners pursuant to the allocation provided for in § 10.4. The Insurance Trustee shall charge each Owner's portion of such cost and expense against the portion of the condemnation award or awards allocated to such Owner pursuant to § 10.2. 10.4 Allocation of Costs of Re air and Restoration. All condemnation awards paid to the Insurance Trustee shall f rst. be used to fund all repair and restoration to be performed under § 10.3. To the extent the condemnation awards paid into the Insurance Trustee are insutlficient to fully fund any repair and restoration to be performed under § Ifl.3, or if there are no such awards., the cost and expense ofperforming the repair and restoration provided for in §-10.3 shall be borne by the respective Owners in that proportion which the cost and expense of repairing and restoring the improvements within the Parcel of each Owner, respectively, shall bear to the entire cost and expense of such repair and restoration, except that the cost and expense of repairing and restoring any Shared Facility located within the Parcel shall be allocated to the Owners pursuant to Article XXIII. If the condemnation awards paid to the Insurance Trustee exceed 120°~° of the estimate of the cost of the repair and restoration determined by the Architect pursuant to § 10.3, then the Insurance Trustee shall distribute to the Owners, in advance of performance of restoration and repair, and surplus awards in excess of 120°f° of the estimated cost of repair and restoration, such surplus to be distributed to the Owner in the respective proportions determined under § 10.2 to be their respective shares of the condemnation awards. The sum retained by the Insurance Trustee shall be held and disbursed in accordance herewith to fund restoration and repair. If the cast of repair and restoration as determined by the .Architect exceeds- the amount of the condemnation awards paid to the Insurance Trustee, then a Reconstruction Assessment shall be payable by the Owners for the difference, which amount shall be deposited with the Insurance Trustee, the proportionate responsibility of each Owner for such amount being determined as provided in the second sentence of the first paragraph of this § L 0.4. If any Owner {the. "Defaulting Owner") shall fail to pay the Defaulting Owner's Reconstruction Assessment in accordance with this paragraph, then the Defaulting Owner's Obligation may be enforced and the lien nn the Defaulting Owner's Parcel securing payment of the Assessment maybe foreclosed, in accordance with Article V hereof. Upon completion of any repair and restoration of the Garage in accordance with thus Article, any condemnation awards and Reconstruction Assessments paid to the Insurance Trustee which remain after payment of the cost and expense of performing such repair and restoration shall be refunded to the. Owners in the respective proportions by which each Owner contributed funds to the funds held by the Insurance Trustee, attributing to each Owner as its contribution any condemnation award amount-paid into the Insurance 'Trustee fund and allocated to such Owner under § 10.2, plus any Reconstruction Assessment paid by such (owner for such repair and restoration. 10.5 Limitations on Repair or Restoration of the Retail Parcel and the Chamber Parcel. In the event that the Retail Condominium Declaration and/or the Chamber Condominium Declaration is recorded, and if following such recording, a condemnation occurs, and (a) there is a total condemnation or Substantial Taking, as hereinafter defined in § 10.G {d) , of the Garage and seventy-five percent {75%) of the voting interests of the unit owners {within the meaning of the Condominium Act}, duly and promptly resolve not to proceed with repair or restoration or (b) there is. no Substantial Taking of the Garage, but more than eighty percent {80%) of the voting interests of the. unit owners (within the meaning of the Condominium Act ar the Chamber .Act, as applicable) duly and promptly elect not to pay for repair or restoration, Then the Garage, if the Garage Owner so elects shall be restored as provided in § 10.3, but the liability of the unit owners constituting the Retail Owner and/or the Chamber Owner, as the case maybe, for the costs of such repair or restoration shall be limited to the extent of the proceeds of condemnation for the Re#ail Parcel and/or the Chamber Parcel pursuant to § 10.2 hereof. Any deficit in the funds needed to repair and restore the Garage in the manner provided for in § 1 Q.3 which is due to such election of Retail Owner and/or the Chamber Owner, as the ease may be, shall be compensated for by a commensurate decrease in the amount of repair and restoration to be done to the Retail Parcel and/or the Chamber Parcel, or the Garage Owner shall have the option-but not the obligation to pay any such deficit. Na unit owner shall be subject to suit or claim by the Garage Owner for monies in excess of such condemnation proceeds, and the board of directors. of the Candominiurn Association and the Chamber Association shall not be required to assess the unit owners for such excess cost ar expenses. Garage Owner shall have the option but not the obligation to purchase the Retail Parcel and/or the Chamber Parcel pursuant to §24.1 in the event o.f an election by the unit owners as and for the Retail Owner and/or the Chamber Owner, as the case maybe, under this paragraph. In the event Garage Owner elects to -make such purchase, the proceeds paid to the Insurance Trustee from the proceeds of condemnation of the Retail Parcel and/or the Chamber Parcel shall first be utiI.ized to fund the purchase price and closing costs of such purchase of the Retail Parcel and/or the Chamber Parcel by Garage Owner, and any funds thereafter remaining shall be disbursed by the Insurance Trustee to the Garage Owner, ar its mortgagee{s) , as their interests may appear, for utilization in the repair of the Garage yr for such other purposes as Garage Owner and/or such mortgagee(s) may reasonably determine. 14.5 Substantial Taking. For the purpose of § i 0.5 and .generally in this Declaration, Substantial Taking of the Garage shall be defined as follows: (i) If greater than or equal to 50% of the replacement value of the Garage is destroyed by such a condemnation occurring during the period commencing with the initial recordation of this Declaration and terminating thirty (30) years thereafter {"Initial Period") ; (ii) If greater than or equal to 3S% of the replacement value of the Garage is destroyed by a condemnation occurring at any time during the period commencing with the end of the Initial Period and terminating ten (14} years thereafter ("Second Period"); {iii) If an amount greater than or equal to 25% of the replacement value of the Garage is destroyed by a condemnatian occurring at any time during the period commencing with the end of the Second Period. l Q.7 Limitations on Repair or Restoration by the Garage Owner. In the event that any condemnation results in a Substantial Taking of the Garage, the Garage Owner shall.have the option not to proceed with repair or restoration of the Garage, natwithstandinggny obligation the Garage Owner might otherwise have to repair or restore under § 10.3. The Garage Owner shall elect whether to exercise such option on nr before the ninetieth (90th) day following'the date the order establishing the amount of the condemnation award becomes final, and shall deliver written notice to the Retail Owner, the Chamber Owner and the Insurance Trustee of any election by it to exercise such option. In the event the Garage Owner does exercise such option, the Garage Owner shall be deemed concurrently to have exercised the option to purchase the Retail Parcel and the Chamber Parcel granted it under §24.1. In such event, the condemnation proceeds paid to the Insurance Trustee from the condensation of the Retail Parcel, the Chamber Parcel and Garage Parcel as a result of the condemnation in question shall first be utilized to fund the purchase price and closing costs of Garage Owner's purchase of the Retail Parcel and the Chamber Parcel in accordance with Article, and any funds thereafter remaining shall be disbursed by the Insurance Trustee to the Garage Owner, ar its mortgagee {s) , as their interests may appear, for utilization in demolition of the Garage or such other purposes as Garage Owner and/or such mortgagee(s) may reasonably determine. l 11.8 Temporary Taking. In the event o.f a taking of the temporary use of any space, the respective Owners shall be entitled to receive directly from the taking authority any award or awards far such taking of space within their respective Parcels or within any easement ar appurtenance, according to the law then applicable. Article Xl. SELECTION OF CONTRACTORS OR THE ARCHITECT 11.1 Selection of Contractors. When any repair, restoration, reconstruction, demolition, removal of debris or filling required to be performed pursuant to §8.1 or § I0.3 is to be funded with funds attributable to the insurance policies, condemnation awards and/or Reconstruction Assessments of a single Owner, such Owner may choose the contractor who shall perform such work, provided that the Architectural Committee shall have the right to approve any such contractor chosen by Retail Owner or the Chamber Owner, which approval shall not be unreasonably withheld, conditioned or delayed. In each event wherein a contractor i.s needed to perform any repair, restoration, demolition, removal of debris or filling required to be performed pursuant to §8.1 or § LQ.3, and such work is to be funded under the terms of this Declaration with funds attributable to the insurance policies; condemm~ation awards and/or Reconstruction Assessment of more than one Owner, then the Garage Owner shaI1 invite all of the contractors nominated by itself, by the Retail Owner and by the Chamber Owner to submit bids for the work to be performed. The Retail Owner and the Chamber Owner may.nominate more than one, but not mare than two contractors. The terms of bidding shall require that all bids be for a fixed cost and submitted at a particular place or places by a. specified time and date. The Garage Owner shall allow the contractors. a reasnnabie time, following the announcement of the invitation to bid, to review any plans and specifications and to prepare estimates. The cpnditions of bidding shall require, unless such requirement is waived by the Garage Owner, that the successful contractor post a petformance bond and a labor and material payment band, issued by a company authorized to engage in the business of issuing such bonds in the State of Florida, in an amount equal to the amount of such contract. The bond shall name the Garage Owner, the Retail Condominium Association, the Chamber Condominium Association and the balder or holders of the first mortgage upon each Parcel, as joint and individual obligees, shall provide that all amounts which may be payable to the obligees thereunder shall be paid to the Insurance Trustee, and shall be conditioned on the completion of and payment for the work to be performed. Unless the Retail Condominium Association or the Chamber Condominiurrm Association on whose behalf such work is to be performed otherwise instructs the Garage Owner in writing, the Garage Owner shall select, in its opinion and sole discretion, one of the responsive and responsible biding contractors, and shall; in the name of and for the account of the Owners to be benefited by the work to be performed, enter into a construction contract with such contractor providing for the completion of and payment for such work. In lieu of the foregoing bidding procedure; the Owners, in any contractor selection in which they are jointly interested, may at their option designate, without pursuing such procedure, such contractor as they may mutually agree upon. l I :2 Selection of the Architect. The Architect shall be the preparer of the Garage Plans unless, either due to the aforementioned L`irrn no longer being in practice or to a choice not to utilize such firm by persons herein empowered to make such choice, another practitioner or fum is chosen as hereafter provided. In all instances where no affirmative action to the contrary is taken by persons so authorized as hereafter provided in this § 11.2, the Architect shall be as specified in the preceding sentence. The Garage Owner shall have the power to appoint an Architect for purposes of any repair, restoration reconstruction, and the like, under this Declaration concerning only the Garage Parcel or a Shared Facility. The Retail Owner and the Chamber Owner, respectively, shall have the power to appoint as Architect for purposes of any repair, restoration reconstruction, and the like, under this Declaration concerning only the Retail Parcel and the Chamber Parcel provided that no Shared Facility shall be a part of any such repair, restoration or reconstruction. In all other cases of repair ar restoration, the Garage Owner shall have the right to select an Architect, and shall give. written notice of such choice to the Retail Owner and the Chamber Owner. Article XII. DISBURSEMENT OF FUNDS BY INSURANCE TRUSTEE i2.1 Insurance Trustee. The Insurance Trustee shall be selected by the Garage Owner. The Insurance Trustee named by the Garage Owner in a written notice given to the other Owner or Owners, shall act as Insurance Trustee. The Insurance Trustee may retain free of trust, from the monies held by it, the Insurance Trustee's reasonable fees and expenses for acting as Insurance Trustee. The Insurance Trustee shall have no obligation to pay interest on any monies held by it unless the Insurance Trustee shall have given an express written undertaking by Garage Owner to do so. However, if the monies on deposit are aot held in an interest bearing. account pursuant to agreement among the Insurance Trustee and the Garage Owner, than the Insurance Tiiastee, within thirty (30) days after request from any Owner given to the Insurance Trustee and to the other Owners, shall purchase with such monies, to the extent feasible, United States Government securities payable to bearer and of the most practicable maturities, not in excess of one year, except insofar as it would, in the good faith judgment of the Insurance Trustee, be impracticable to invest in such securities by reason of any disbursement of such monies which. the Insurance Trustee expects to make shortly thereafter, and the Insurance T`rus#ee shall hold such securities in trust hereunder. Any interest paid or received by the Insurance Trustee on monies or securities held in trust,. and ady gain on the redemption or sale of any securities, shall be added to the monies or securities so helii in trust by the Insurance Trustee. Unless the Insurance Trustee shall have undertaken to pay interest thereon, monies received by the Insurance. Trustee pursuant to any of the provisions of this Declaration shall not be mingled with the Insurance Trustee's own funds and shall be held by the Insurance Trustee in trust for the use and purposes herein provided. The Insurance Trustee shall have the authority and duty to disburse funds held by it pursuant to this Declaration in the manner, to the persons, and at the times provided in this Declaration. The Insurance Trustee shall. not be liable or accountable for any action taken or suffered by the Insurance Trustee,. or for any disbursement of monies by the Insurance Trustee, in good faith in reliance on advice of legal counsel. The Insurance Trustee shall have na affirmative obligation to make a determination of the amount of, or to effect the. collection of, any insurance proceeds or condemnation award, unless the Insurance Trustee shall have given an express written undertaking to do so, which shall otherwise be the obligation of the Owners. The Insurance Trustee may rely conclusively on any Architect's certificate furnished to the Insurance Trustee in accordance with the provisions of § 1.2.2 hereof and shall not be liable or accountable for any disbursement of funds made by it in reliance upon such certificate. The Insurance Trustee named by the Garage Owner shall also be the Insurance Trustee for the Retail Owner and the Chamber Owner notwithstanding the fact that the Retail Owner and the Chamber Owner may have chosen a different Insurance Tnistee for their respective parcels. 1 Z.Z Architect's Certificate. In any instance when, pursuant to any provision of this Declaration, the Insurance Trustee shall be required to disburse..insuranee proceeds, condemnation awards or other funds for application to the cost of repair, restoration and/or demolition, the Insurance Trustee shall not be required to make disbursements more often than at. thirty (30) day intervals; and each request-for disbursement .shall be made in writing at least five (5} days in advance. Each request for disbursement shall be accompanied by a certificate of the Architect, dated not more than ten (10) days prior to the request for disbursement, setking forth the following: (i) Thak the sum then requested to be disbursed either has been paid by or on behalf of an Owner or Owners (in which case the cerfif cote shall name such Owner or Owners) or is justly due to contractors, subcontractors, materialmen, engineers, architects or other persons (whose names and addresses shall be stated) who have rendered or furnished, or agreed to render or furnish, certain services, equipment, and materials and the principal subdivisions or categories thereof and the respective amounts so paid or due to each person in respect thereof and stating the progress of the work up to the date of the certificate; (ii} That the sum then requested to be withdrawn, plus al] sums previously withdrawn, does not exceed the cost of the work actually accomplished up to the date of such certificate plus the cast of materials-supplied and actually stored ornsite (which materials shall be adequately insured against f re, theft and other casualties for the benefit of all Owners); (iii) That no part of the cost of the services and materials described in the foregoing paragraph (i) which is being counted as a .basis for the then pending application has been the basis of the withdrawal of any funds in any previous application, and (iv} That following the making of the requested advance, the funds remaining with the Insurance Trustee shall be sufficient to complete the repair and restoration based upon the Architect's estimate of such cost to complete. Upon compliance with the foregoing provisions of this § I2.2; the Insurance Trustee shaIl, out of the moneys held by the Insurance Trustee, pay or cause to be paid to the Owners, contractors,.subcontractors, materiahnen, engineers, architects and other persons named in the Architect's certifcate the respective amounts stated in the certificate to be due them. I2.3 NoReliance by Contractors. No contractor, subcontractor, mechanic, materialman, laborer or any other person whatsoever, other than the Owners and any mortgagee or lessee to whom an Qwner's rights shall have been assigned as permitted in § 17.4,. shall have any interest in or rights to or lien upon any funds held by the Insurance Trustee. The Owners and pursuant to such assignment any such mortgagees and lessees by agreement among themselves, may at any time provide for a different disposition of funds than that provided for in this Declaration, without the necessity of obtaining the consent of any contractor, subcontractor, mechanic, materialman, laborer or any other person whatsoever. If at any time the Owners, and such mortgagees and lessees, if any, shall jointly instruct the hnsurance Trustee with regard to the disbursement of any funds held by the Insurance Trustee, then the Insurance Trustee shall disburse said funds in accordance with said instructions. The Insurance Trustee shall have no liability to anyone by reason of having so disbursed said funds in accordance with said instructions. 12.4 Gara a Owner as Insurance. Trustee. Notwithstanding anything to the contrary contained in this Article or the Declaration, if at the time the appointment of an Insurance Trustee is required under this. Declaration, and the Garage Owner is the City, then Garage Owner may appoint itself as the lnsuranee Tmstee. If the Garage Owner appoints itself as the Insurance Trustee, no trust shall be created by this Declaration and all funds may beheld in a separate bank account by Garage Owner in the name of Garage Owner for the benefit of Garage Owner, Chamber Owner, and Retail Owner, and Garage Owner shall disburse insurance or condemnation proceeds from such bank account. If Garage Owner names itself as Insurance Trustee, the Insurance Trustee shall not be entitled to a trustee fee but shall be reimbursed for any expenses it incurs in administering the proceeds or insurance or condemnation. Article XIII. FORCE MAJEURE 13.1 Force Majeure. An Owner (hereafter in this § 13.1 referred to as a "Non- performing Owner") shall not be deemed to be in default in the performance of any obligation of such Non-Performing Owner under this Declaration, other than an obligation requiring the payment of a sum of money, if and so long as non-performance of such obligation shall be. directly caused by fire or other unavoidable casualty,. national emergency, laws, .governmental or municipal restrictions, enemy action,. civil commotion, strikes, inability ko obtain labor or materials (except where due to the economic inability of such Non-Performing Owner for reasons other than the failure of the Insurance Trustee to disburse funds), war or national defense preemptions, acts of God or other similar causes beyond the control of such Non-Performing. Owner. Within fifteen (15) days after the giving of any written notice by another Owner (hereafter in this § 13.1 referred to as "the Other Ow. ner") to the Non-Performing Owner describing. the non-performance by such Non-Performing Owner of any such obligation, the Non-Performing, Owner shall notify the Other Owner in writing of the existence and nature of any such cause for non-performance which is beyond the control ofthe iVon-Performing Owner, and the steps, if any, which the Non-Performing. owner shall have taken to eliminate the cause for non-performance. Thereafter, the Nan Ferfornung Owner shall from time to time on written request of the Other Owner keep the Other Owner frilly informed in writiutg of all further developments concerning such cause for nonperformance and the efforts, if any, being made by the Nan-Performing Owner to end the cause for non-performance. Article XIV. ARBITRATION 14. l The Garage Owner, Chamber Owner and Retail Owner shall not be compelled or obligated to arbitrate any dispute which may arise under this Declaration. .Article XV. ESTOPPI;I. CERTIFICATES 1 S. l Estoppel Certificates. Each Owner agrees, within thirty (30) days after written request by any other Owner, to execute and deliver t4 such Owner or to any existing or prospective purchaser, mortgagee or lessee designated by such Owner, a certificate in recordable form- stating to the best of its knowledge: (a) whether or not there is any existuag default hereunder by any Owner in the payment of any sum ofmoney owing to the Owner executing such certificates; (b) whether or not there is any existing default by any Owner with respect. to which a notice of default has been given or received by the Owner executing such certificate and if there is any such default, specifying the nature and extent thereof; {c} whether or not there. are any sums {other than those arising within the previous forty-five (45) days out of the normal course of operation of the Garage) which the Owner executing such certificate is entitled to receive or demand from any other Owner hereunder, and if there is any such sum,. specifying the nature and extent thereof; (d} whether or not the Garage Owner has performed ar caused to be performed, or is then performing or causing to be performed, any Maintenance or other work not in the normal course of operation of the Garage, the cost of which the Garage Owner is or may be entitled to charge in whole or in part to any Owner but has not yet charged to such other Owner, and if these be any such Maintenance or other work, specifying the nature and extent thereof; {e) whether or not there are any set-offs, defenses: or counterclaims then being asserted or otherwise known against enforcement of any obligations hereunder which are to be performed by the Owner executing such certificate, and, if so, the nature and extent thereof; (f) whether ar not any Owner has given any notice to the Owner executing such certificate making a demand ar claim hereunder which has nqt yet been discharged or otherwise resolved, or given any notice of a dispute to be settled or resolved by arbitration in accordance with. the provisions of Article XIV, and if so, a copy of any such notice shall be deliverefl with the certificate; (g) whether or not there is any pending dispute involving the Owner executing such certificate, and if so, specifying the nature of the dispute; (h) whether or not the. Owner executing. such certificate has made any then outstanding.:assignment of rights, pri~+ileges, easements or rights of entry pursuant to § 17.4 or otherwise, and if so, identifying such assignment. In the event of the recording, o.f the Retail Condominium Declaratian or the Chamber Condominium Declaration, any such certificates which are required of Retail Owner ar the Chamber Owner with respect to the Retail Parcel or the Chamber Parcel, respectively, shall be given by the president or vice president of the Retail Condominium Association or the Chamber Condominium Assaciation, as applicable, and such certificate shall be regarded as that of the Retail Owner or the Chamber Owner, as the case maybe. In addition to the estoppel certificates delivered pursuant to the foregoing paragraph,., Retail Owner and Chamber Owner shall deliver to Garage Owner, within thirty (30) days after written request therefor {bu# not mare often than twice in each calendar year), a certificate setting forth the names of the owners of record {as shown by the Public Records of the County), of all units in the Retail Parcel ar the Chamber Parcel, as the case may be, at the time of the giving of such certificate, as well as the names of the directors and the officers of the Condominium Association or the Chamber Association, as applicable. Article XVI. NOTICES 16. I Giving of Notice. Any notice, demand, election or ofiher communication (hereafter th this Article XVI collectively referred to as "Notices", and singly referred to as a "Notice"} which any Owner or other party hereto shall desire or be required to give pursuant to the provisions of this Declaration shall be sent by registered or certified mail and the giving of such notice shall be deemed complete at the time the same is deposited in the United States mail, with postage, including registration or certification charges, prepaid, enclosed in a sealed envelope addressed to the person intended to be given such notice at the address herein provided, Notices to any Owner shall be sent to such Owner addressed as follows or to such other address as may be designated by such Owner from time to time in a notice given pursuant to this. § 16.1: ]f to Garage Owner: City Manager City of Delray Beach 100 NW 1st Avenue Delray Bcach, FL 33344 With a copy to: City Attorney City of Delray Beach 200 NW 1gtAvenue Delray Bcach, FL 33344 1f to Retail Owner: if to Chamber Owner: Attn: President Attn: President Any Owner who has previously complied with the notice provisions- may from time to time by written notice to the other Owners, designate a different address which shall be substituted for that specif ed above. Copies of notices to any holder of a mortgage entitled to receive such copies pursuant to § 17.4 shall be addressed to such holder at the address or addresses, designated by such holder or to such otheraddress or addresses, as such holder may thereafter from time to time designate by written notice given pursuant to the provisions of this Article JXVI_ If at any time and from time to time any person, corporation, pr other entity shall succeed in whole or in part to the interest or estate of any Owner, then such person, corporation, or other entity shall not be entitled to receive any notice hereunder, and any notice given (or deemed to have been given) to the prior Owner of-such interest ar estate shall be deemed to have been given to such person, corporation or other entity, unless and until the party giving such notice shall be given written notice of the change of ownership by which such person,. corporation or other entity shall haver acquired such interest or estate. Nothing herein contained sbaU be construed to preclude personal service of any notice, demand, request or other communication in the same tnanner that personal service of a summons or other Iegal process may be made. 16.2 Mu1tlDle Ownership. [fat any time the interest or estate of any Owner hereto shall be owned by more than one person, corporation or other entity (hereafter in this paragraph collectively referred to as "said Owners") ,then, said Owners shall give to such other Owner a written notice, executed and acknowledged by all of said Owners, in form pmper for recording, which shall (a) designate one person, corporation ar other entity having an address i.n the State of Florida to whom shall be given, as agent for all of said Owners, all notices thereafter given to said Owners hereunder and (b) designate such person,. corporation or other entity as agent for the service of process in any action or proceeding before a aaurt, involving the determination or enforcement of any rights ar obligations hereunder. Thereafter, until such designation is revoked by written notice given by all of said Owners or their successors in interest, any notice, and any summons, complaint or other legal process (which such summonses, complaints, legal processes and notices are hereafter in this § 16.2 collectively referred to as "legal process") given to, or served upon, such agent shall be deemed to have been given to, or served upon, each and every one. of said Owners at the same time that such notice or legal process is given to, ar served upon, such agent. Tf said Owners shall fail so to designate in writing one such agent to whom all notices are to be given and upon whom any-legal process is. to be served, or if such designation shall be revoked as aforesaid and a new agent is not designated, then any notice or legal process may be given to, or served upon, any one of said Owners as agent far all of said Owners and such notice or legal process shall be deemed to have been given to, or served upon, each and everyone of said Owners at the same time that such notice or legal process is given to, or served upon, any one of them, and each of such Owners shall be deemed to have appointed each of the other Owners as agent for the receipt of notices and the service of legal process as aforesaid. Notwithstanding the foregoing provisions of this § 16.2, to the extent permitted by law, in the event of the recording of the Retail Condominium Declaration or the Chamber Condominium Declaration notices to the Retail Owner or the Chamber Owner, as applicable, and all of its constituent unit owners shall be served upon the president of the Retail Condominiuun Association for the Retail Parcel or of the Chamber Condominium- Association for the Chamber Parcel (as applicable), and such president shall be the agent for service of process of the Retail Owner or the Chamber Owner and its constituent unit owners. Legal process served upon such agent shall be effective service upon the Retail Owner or the Chamber Owner and its respective constituent unit ov~mers as though served individually pn each and all such persons. Said president of the Retail Condominium Association or the Chamber Condominium Association may be empowered to give notice andlor serve process on behalf of the Retail Owner or the Chamber Owner and any or all unit owners for any purposes under this Declaration, which notice shall be binding upon the Retail Owner or the Chamber Ownerand/or or the unit owners in whose behalf it shall have been given. Article }XV[I. HEIR~SUCCESSORS AND ASSIGNS 17. I Provisions Run with the Land. This Declaration is inteaaded to and shall run with the real property benefited and burdened hereby, and shall bind and inure to the benefit of the parties hereto and their successors in title. 17.2 Release on Conveyance. In the event that any person or enfity (the "Grantor") who owns all ar any portion of any Parcel conveys to another {the "Grantee"} all of the right, title and interest of such Grantor in such Parcel or portion thereof, then the Grantor shall from the time of such conveyance be entirely relieved from the obligation to observe and perform all covenants and obligations which the Grantor would otherwise be liable hereunder to observe and perform by virtue of ownership of the interest conveyed. l:n the event of any such conveyance by a Grantor of all of its interest in a Parcel or portion thereof; the Grantee shall from the time of such conveyance be deemed to have assumed the liability to observe and perform alI the covenants and obligations imposed by this Declaration on the person owning the interest conveyed. No Grantor shall be released by virtue of this § 17.2 from liability. incurred under any covenant ar obligation in this Declaration prior to the time of its conveyance of all of its interest. In any case in which a transfer or conveyance of title occurs by reason of eminent domain, and such taking is. only- for a temporary period, or for only a portion of a Parcel, the Grantor in such instance shall be relieved from performance of its covenants and .obligations hereunder only to the extent prescribed elsewhere in this Declaration,. and to the extent not so prescribed, as may be prescribed by such legal or equitable principles then applicable in the State of Florida. Article XVIII. CERTAIN RESTRICTIONS AND OBLIGATIONS WITH RESPECT TO RETAIL PARCEL AND CxAn~$ER PARCEL 1$,1 Name o.f Retai.l Parcel and Chamber Parcel. Retail Owner and Chamber Owner shall not alter such names, or refer to the Retail Parcel or the Chamber Parcel with any other name than that designated by Garage Owner, without the prior consent of Garage Owner, which consent may be withheld in the sole discretion of the Garage Owner. 18,2 Condominium Declaration and Chamber Declaration and Amendments Thereto. The Retail Condominium Declaration and Chamber Condominitmn Declaration shall be initially in, the form approved by the Garage Owner and no amendment thereto shop be made without the prior written consent of Garage Owner. Retail Owner and Chamber Owner agree that Garage Owner may exercise the rights of the board of directors of the Retail Condominium Association and the Chamber Condominium Association and aggrieved unit owners under Section 718.303 of the Condominium Act in the case of the failure of any unit owner of such condominium to comply with the applicable Condominium Declaration, or the bylaws, articles, mules and regulations of the applicable Condominium Association. Article JXI3X. SEVERABILITY 19.1 Severabilitv. If any provision of this Declaration is prohibited by or is unenforceable under any applicable law, such provision shall be severed without invalidating the remaining provisions of this Declaration. To the full extent permitted by iaw-the remaining provisions of this Declaration shall be deemed to be a valid and binding agreement in accordance with its terms. Article Ji;X. REMEDIES 20.1 Remedied. The remedies provided in this Declaration shall not be exclusive and, in the event of a breach of any of the terms, covenants and conditions hereof, the Owners shall be entitled to pursue any remedies available at law or in equity, including specific performance, in addition to or in lieu of any of the remedies provided herein. Article XXI. MISCELLANEOUS 21.1 Waiver. No provision contained in this Declaration shall .be deemed to have been abrogated or waived by reason of any failure to eriforce the same, irrespective of the number of violations or breaches which may occur. 21.2 Gender. The use of any gender in this Declaration.shall be. deemed to include all other genders and the use of the singular shall be deemed to include the plural, and vice. versa, unless the context otherwise requires. 21.3 Amendments. This Declaration and the provisions herein may be amended, changed, terminated or modified by Developer without the consent of any Owner. 21.4 Governing, Law. This Declaration shall be governed, construed, applied and enforced in accordance with the laws of Florida including matters affecting title to all real property described herein. 21..5 Further Assurances. From time to time after the date hereof each party hereto shall fiunish, execute and acknowledge; without charge, such other instniments, documents, materials and information as the other parties hereto may reasonably request in order to confirm to such parties the benefits contemplated hereby. 21.6 Exculpation. Notwithstanding anything herein to the contrary, the representations; covenants, undertakings and agreements made in this Declaration by Developer and/or Garage Owner are not made and intended as personal representations, covenants, undertakings or agreements by Developer or the Garage Owner or far the purpose or with the intention of binding either Developer or the Garage Owner personally, but are made and intended for the purpose of binding the property of Developer and Garage Owner. No personal liability is assumed by nor shall at any time be asserted or enforceable against Developer or Garage Owner on account of any representation, covenant, undertaking. or agreement of Developer or Garage Owner contained in this Declaration either expressed. or implied. All such persona] liability, if any, is expressly waived and released .by the Owners and by all persar*s claiming by, through ar under the Owners. 21.7 Limitation pn Powers. Anything in this Declaration to the contrary notwithstanding,.the existence or exercise of any easement, right, power, authority, privilege or duty of the Garage Owrier as the same pertains to any condominium located within the Garage which would cause the Gauge Dwner or Garage Parcel to be subject to Chapter 718 or Chapter 720; Florida Statutes, shall at the option of Garage Owner be null, void and of no effect to the extent, but only to the extent, that such existence or exercise is fmally determined to subject the Garage Owner or Garage Parcel to the provisions of said Chapter 7I8 or Chapter 720. It is the intent of this provision that the Garage Owner not he deemed to be a condominium association, and that the fee interest of Garage Owner in the Shared Facilities located in the Garage Parcel (or any other portion of the Garage) not be deemed to be common elements of any such condominium, within the meaning of applicable laws or administrative rules for any purpose. 21.8 CPI. Whenever a specific dollar amount is recited in this .Declaration, unless limited by law or by the specific text hereof or unless held to be unconscionable, such amounts shall be increased from time to tune by application of a nationally recognized consumer price index using the date of recordation of this Declaration is as the base year. The index used shall be that published by the United States Department of Labor, Bureau of Labor Statistics, designated as "Consumer Price Index, all urban consumers, United States, 1982-84 = 100, all items". If the Bureau of Labor Statistics shall change the method for determining the consumer price index or in the event the Bureau of Labor Statistics shall cease to publish said statistical information and it is not available from any other source, public or private, then the Garage Owner shall choose a reasonable alternative to compute such increases. Article XX1I. MEANING OF RETAIL Own1E~AND CHAM9IR OWNER 22. L Meanir~~ of Retail Owner and Ch~tnber Owner. In the event of the recording of the Retail Condominium Declaration or the Chamber Condominium Declaration, wherever in this Declaration the consent or approval of Retail Owner or the Chamber Owner is required or provided for, and no other means by which such consent or approval shall be given is specified, the same shall be deemed to have been given if the president of the Retail Condominium Association for the Retail Parcel created by the Retail Condominium Declaration or if the president of the Chamber Condominium Association for the Chamber Parcel created by the Chamber Condominium Declaration, as applicable, shall have given such consent or approval. Article XXIII. STANDARD OF ALLOCATION 23.1 Standard of Allocation Re air and Restorati n. Whenever, pursuant to this Declaration, it shag be necessary to determine the proportion of any Assessment hereunder which is to be borne. by each Owner, the following shall apply: (a) The proportion to be borne by the Owner of any Parcel shall be determined in the manner provided in Exhibit "D". In the event tfzat any new facilities, not presently called for or shown in the Garage Plans, shall hereafter be constructed pursuant to this Declaration and such new facility meets the defnition of a Burdened Shared Facility, Assessments pertaining to such facility, shall be allocated by Garage Owner in an equitable manner. ARTICLE XXIV G.axa(jE OWNER'S. PURCHASE OR OPTION TO PURCHASE THE RETAIL PARCET., THE CHAMBEEt PARCEL OR UNITS IIV CERTAIN CIRCUMSTANCES 24.1 Purchase of Retail Parcel and/or Chamber Parcel in Certain Instances of Casualty or Condemnation. (b) Gana a Owner O flans. The Garage Owner shall have and is hereby granted the right and option to purchase the entire Retail Parcel and the entire Chamber Parcel in the following instances: (i) in the event that the Retail Unit owners acting as and for the Retail Owner andlor the Chamber Unit owners acting as and for the Chamber Owner make an election as provided for in §$.3(b) not to pay for repair or restoration in the event of casualty; (ii) in the event of an election by the Retail Owner or the Chamber OWner under §8.5 not to proceed with the repair and restoration of the Garage in the circumstances described therein; {iii) in the event of an election by the Garage- Owner under §8,4 not to proceed with the repairs and restoration described therein; (iv} in the event that the Retail Unit owners acting as and for the Retail Owner andlor the Chamber Unit owners acting as and for the Chamber Owner make an election as provided for in §10.5 not to pay for repair or restoration in the event of a condemnation; or (v) in the event of an election by Garage Owner under .§ 10.7 not to proceed with the repairs and restorations described therein. In addition, the Garage Owner shag have and is hereby granted the right and option to purchase the Retail Parcel or the Chamber Parcel, as the case maybe, if the Retail lJnit owners ac#ing for the Retail Owner terminates the Retail C.ondorninium or the Chamber Unit owners acting, for the Chamber Owner terminates the Chamber Condominium, respectively. By making the election described in § 10.7 the Garage Owner shall be deemed to have automatically exercised its option described in (v) of the first sentence. By rnaking the election described in §8.4, the Garage Owner shall be deemed t~ have automatically exercised its. option described in (iii) of the first sentence. Unless an election is automatic, Garage Owner's election must be made within one hundred twenty (120) days after the right of election arises, it must be in writing, and notice of election shall6e given to the Owner(s). (c) Retail Owner and Chamber Owner„R~~ht. Each Retail Owner and Chamber Owner shall have and is hereby granted the right and option to require the Garage Owner to purchase the entire Retai] Parcel in the event of an election by the Garage Owner under §8.4 or § 10.7 not to proceed with the repair and restoration of the Garage described therein. (d) Purchase Price. The purchase price for the Retail Parcel and the Chamber Parcel in any sale arising from the circumstances described in items (i), (ii), (iii), (iv} or (v) of subsection (a) of this §24.1 shall be the amount of the condemnation award for.such parcels {if the election arises as a result of condemnation) or the actual insurance proceeds paid under the insurance policy carried for the Retail Parcel ar the Chamber Parcel under§7.1 (in the event the election arises as a result of casualty), less the actual cost of demolition of such parcels to the extent demolition is required by applicable law or governmental authorities following such casualty and to the extent such cost of demob#ion is utilized by the Garage Owner to accomplish such demolition, provided such insurance coverage is a "FuII Replacement Value" policy. In the event a "Full Replacement Value" policy is not the type of insurance in place, them the purchase price for the Retail Farce/ and the Chamber Parcel shall be the replacement value of the Retail Parcel or the Chamber Parcel, as the case may be. The purchase price for the Retail Parcel and the Chamber Parcel in any sale arising from the circumstances described in item (vi) of subsection (a) of this §24.1 shall be the fair market value of the. Parcel as detemnined by a Florida licensed appraiser selected by the Garage Owner. Said purchase price shall be distributed among the Retail Unit owners and/or the Chamber Unit owners based upon the relative values of such units as evidenced by the latest assessed values for ad valoretn tax purposes (i.e., a unit's ad valorem assessed value shall be the numerator and the total ad valorem assessed value of all units shall be the denominator}. To fund the purchase price and closing costs for any purchase of the Retail parcel and the Chamber Parcel under this section, the Garage Owner shall be entitled to draw upon and utilize any and all funds paid #o the Insurance Trustee, including proceeds from the insurance policies on the Parcels maintained under §7.1 or condemnation awards, and any funds thereafter remaining. with the Insurance Trustee shall be payable to Garage Owner, or its mortgagee(s), as their interests may appear, for utilization in repair, restoration or demolition of the Garage or for such other purposes as such parties as their interest appear may reasonably determine. 24.2 Closing. In the event Garage Owner elects or is required to purchase the Retail Parcel or Chamber Parcel pursuant to §24.1, the closing of title for §24.1(c) purchase shall occur within ninety (9D) days after a final determination of the purchase price pursuant to §24.I {c}. The closing of title for any purchase of a Retail Unit or Units or Chamber Unit or Units (or individuai units thereof] by Garage Owner pursuant to this §24.2 shall take place on the date designated by Garage Owner, but not later than thirty (3.0} days after the date of Garage Owner's notice of election to purchase. At the closing,, Garage Owner shall pay the purchase price and all owners of each Retail Unit or Chamber Unit to be conveyed shall execute and deliver to the Garage Owner a General Statutory Warranty Deed for such Retail Unit yr Chamber Unit conveying said Retail Unit or Chamber Unit to the Garage Owner. The purchase price shall be adjusted at closing for any taxes, insurance premiums, ar utility deposits, such adjustments to be .allocated between the parties in accordance, with the allocations then customary in the County, as may be varied in the case of a sale pursuant to this §24.2 by specific terms accepted by Garage Owner. Each Unit owner shall convey marketable and insurable title to the Garage Owner in accordance with the standards adopted by the Florida Bar. Garage Owner shall gay applicable iitle insurance. premiums and evidence of title, cost of the survey; recn~rding charges, and documentary stamp taxes on the deed. ARTICLE XXV USE RESTRICTIONS 25. Notwithstanding anything to the contrary contained in either the Retail Condominium Declaration or the Chamber Candominium.Declaration, the use of the Retail Parcel and Chamber Parcel shall be subject to the following: a. Lawful Use. All valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction shall be observed. b. Use and Occupancy of the Units .Notwithstanding anything to the contrary contained this Declaration or as permitted by applicable zoning restrictions, the following uses shall be prohibited in the Retail Units and Chamher Units: (a} cosmetology aS defined in Florida Statutes Chapter 477; (b) full service restaurant, but not including a minor food outlet as defined in F. S. § 500.3 (2001);. (c) sale of alcoholic beverages, but not including alcoholic beverages which are intended -for consumption on the premises {i.e. carry out purchases only are permitted); and (d) performance of live entertainment. Na U. nit sha11 be used as a residence or for residential living, The original business which may be operated in a Retail Unit or Chamber Unit shall be approved by the Developer. Any subsequent changes in the use of the. Unit shall be approved in writing. in advance by the Garage .Owner. c. Nuisances Prohibited. No nuisances shall be allowed on the Retail Parcel or Chamber Parcel or in the Units, nor sha11 any use or practice be allowed which is a source of annoyance to the Unit Owners or which interferes with the peaceful possession or proper use of the Unit by owners or occupants. d. No Im ro er Uses . No immoral, improper, offensive, hazardous or unlawful use shall be made of the Retail Parcel or Chamber Parcel, or a Unit or any part thereof e. Ne lig eenee: A Retail Unit Owner and Chamber Unit Owner shall be liable far the expenses of any maintenance, repair or replacement rendered necessary.. by non-compliance by such Unit Owner or any occupant. or user of the Unit, including, but not limited to, the owner, its invitees, employees, agents and lessees. f. Costs and Attorneys' Fees. In any proceeding arising because of aay alleged failure of a Retail Unit Owner ar Condominium Unit Owner or the Retail Condominium Association or the Chamher Condominium Association to comply with the terms of this Declaration, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as maybe awarded by the court. g. No Timeshare Estafes. 1Vo Retail Unit or Chamber Unit maybe subdivided or divided into any time share estate or estates or similar interval or periodic ownership plan. h. Sound Restrictions, No activity or sound within a Retail Unit or Chamber Unit shall be audible from outside the Unit. Comment [i]: 12.3. This paragraph is an example of a reason why "family" ncede to be dcTined. Sce paragraph 4.16. ARTICLE XKVI NO AIR RIGHTS OR SUBSURFACE RIGHTS FOR CONDOMINIUM PARCELS 26.1 Notwithstanding anything to the contrary in this Declaration or the common law, the Retail Condominium Association, Retail Owner, Chamber Condominium Association, and Chamber Owner shall have no air rights or subsurface rights in connection with or arising out of the ownership, management, or operation of the Retail Parcel or Chamber Parcel. ARTICLE XXVII CITY GOVERNMENTAL. FUNCTIONS Notwithstanding anything to the contrary contained in this Declaration: a. Even though the City, as Garage Owner, has certain contractual obligations under this Declaration, such obligations shall not relieve any person subject to this Declaration from complying with all applicable governmental regulations, rules,. laws, and ordinances; b. To the extent approval or pernussion must be obtained from the City, such appraval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights; c. The City has not waived its sovereign immunity; and. d. Any action by City shall be without prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect City's right to exercise its discretion in connection with its governmental or quasi-governmental functions. IN WITNESS WHEREOF, this Declaration has been duly executed and delivered by Developer on the day and year first above written. Signed, sealed and delivered in the presence of: Witness Print name of Witness Witness ~Y= Print name of witness CITY OF DELRAY BEACH,.. a Florida Municipal Corporation Rita Ellis, Mayor STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this i day of 2007, by , of Florida Power & Light, who (please cheek one) is (are) personally known to me OR has (have) produced as identification and he/shelthey (please check one} did take an oath x did not take an oath. My Commission Expires: Notary Public SCHEDULE QF EXHIBITS Exhibit A Legal Description of Garage Parcel Eithibit B-1 Legal Description of Retail Parcel Exhibit B-2 Legal Description of Chamber Parcel Exhibit C Shared Facilities and Burdened Shares Facilities Exhibit D Allocations Exhibit H Chamber Parcel also says Pedestrian Access easement Exhibit I Retail Parcel Exhibit J Pedestrian Access Exhibit K HVAC EXHIBIT A Le~ai Description of Crara~e Parcel EXHIBlT "C" DESCRIPTION OF THE SHARED FACILITIES AND BURDENED SHARED FACILITIES The Shared Facilities consist of all portions, features,. systems or components of either the Garage Parcel, the Retail Parcel ar the Chamber Parcel which meet the definition of Snared Facilities contained in the foregoing Declaration of Master Covenants, Easements & Restrictions for Old School Square, and specifically include,. but are not limited to, the following.: (e) All foundations, caissons, pilings, structural columns, joists, girders, beams, supports, load bearing walls, and all structural components which provide. load-hearing capabilities to the Garage and are also located within the Retail Parcel or the Chamber Parcel; (f)The Land, and alI sidewalks, plazas, lawns,. landscaping, plantings, paving materials, driveways, fountains, seating and benches for public use, sprinklers, signage for the Garage, outdoor lighting facilities, awnings, canopies and all other exterior improvements on or contiguous to the Land which serve or benefit the Garage; {g)The structural components, paving, fixtures, equipment, utilities; Iighfing, striping and signage contained therein; (h)The "public" areas on the first floor of the. Garage specifically including, without limitation, (i) all areas therein open for pedestrian and public passage and use, and alI lighting, plantings, planters, vegetation, fountains, water features, seats, benches, railings, mats and other fixtures and equipment therein, (ii} loading dock and servicefpassemger eleyatar corridor, -(iii) trash handling and disposal facilities, including trash rooms, dumpsters, and compactors,(iv) Garage engineer's office, (v) electrical and telephone distribution rooms, (vi) mechanical equipment room, and (vii) plumbing and fire pump rooms and fire command center, (i)AIl exterior walls and surfaces of the Garage including glass ar like material curtain walls and windows, and framing therefor, notwithstanding anything contained in the foregoing item (d) except and excluding glass in windows of the Retail Units and Chamber Units; {j)The roof, antennae .and roof structures above the upper boundary of the Retail Parcel or Chamber Parcel, but the equipment on such roof structures shall not be a Shared Facility except for such equipment which serves ail Parcels of the Garage; (k)The complete elevator shafts for all passenger elevators and the service passenger elevator and the elevator cabs, doors, equipment and related controls for such shafts, and the enclosing walls of such shafts; {1)Solid waste and garbage storage and disposal areas and equipment which processes or handles solid waste and garbage generated by each Parcel or in public areas; (m}Any electrical, telephone, cable television, and heating, ventilating and air- conditioning ("HVAC") rooms which are of service to or benefit alI Parcels; (n}All utility services, lines, pipes, wires, vents, flues, chimneys, ducts, cables, conduits, antennae, utility lines and installations located in any Parcel (from and including the point of tap-in to the distribution lines of the provider of the utility in question, and also including all sewer and drainage pipes), pertaining to any utility whatsoever .(including, without limitation,. electric, #elephone, water, sewer, and cable television), and also all pass-card systems equipment, but excluding such of the foregoing.. items which serve only the Retail Parcel or a particular Retail Unit therein or only the Chamber Parcel or a particular Chamber Unit therein,: or only the Garage Parcel or a particular demised space therein. (o)All electrieaI lines and equipment located in any Parcel, including incoming lines, service and equipment (from and including the point of tap-in to the distribution lines of the electric utility company), main switchgear and distribution panel boards, conduits, wires, feeders, meters, transformers and panelboards, excluding; however, all such items serving. only the Garage Parcel or a particular demised space therein or only the Retail Parcel or a particular Retail Unit therein ar only the Chamber Parcel or a particular Chamber Unit therein; (p)AIl plumbing fixtures and equipment far distribution of hot -and cold water Iocated in any Parcel (from and including the point of connection with City of Delray Beach water distribution and disposal systems, and including pipes, mains, pumps, valves, spigots, tanks,. pressure reducers, meters and. water heaters), excluding, however, all such items serving only the Retail Parcel or a particular Retail Unit therein, only the Chamber Parcel or a particular Chamber Unit therein, and all such items serving only the Garage Parcel ar a particular demised space therein. (q)AIl equipment associated with the fire protection, life. safety, and mnnitaring systems in the Garage (including pumps, alarms, loudspeakers and address systems, flow indicators, switches, valves, sprinklers, hoses, and mani#ar cameras and viewer screens, excluding, however, all .such items serving only the Retail Parcel or a particular Retail Unit located therein, only the Chamber Parcel or a particular Chamber Unit therein, and all such items serving only the Garage Parcel or a particular area or demised space therein; (r)A,ll heating, ventilating and air-conditioning equipment, including garage and general ventilation fans, ducts, air-handling equipment,. heating coils cad air compressors, piping, ducts and valves,. excluding, however, all such items located within the Retail Parcel ar a particular Retail Unit therein, only the Chamber Parcel or a particular Chamber Unit therein, and all such items serving only the Garage Parcel or a particular area or demised space therein; (s}All fire egress stairways in the Garage. If any component or item of equipment in a Parcel serves an area of such Parcel which area is a Shared Facility (e.g. equipment for provision of electricity, water or air-conditioning to an area which is a Shared Facility), such component or item of equipment shall not be deemed to serve only the Parcel in which it is located. Notwithstanding the foregoing designation of Shared Facilities, the Retail Parcel and Chamber Parcel, respectively, shall be obIiga#ed to contribute to the maintenance, repair and replacement of certain of the Shared Facilities herein referred to as "Burdened Shared Facilities" and rnnre particularly described ss follows: Doors adjacent to the Retail Parcels 3. Windows in the Retail Units; however, each Unit owner shall be responsible fnr the glass adjacent to his/her Unit. 4. Casualty and liability insurance for the Garage. EXIiII3IT ``D" ALLOCATIONS 1) Allocation of Common A essmen As provided in §4.~ of the forgoing Declaration, Common Assessments shall include all Shared Expenses, costs and expenses of Garage Owner in the performance of its duties under Article III of the Declaration or under other provisions of the Declaration, and all costs and expenses of improving and maintaining. the Burdened Shared facilities. All Common Assessments which are levied under the Declaration shall be allocated to each Unit owner as follows: (a) (b) Insurance The remainder shall be allocated to the Garage Owner. {2) Allocation of Cost of Re air and Reconstruction and of Reconstruction Assessments. The costs of repairing and reconstructing Burdened Shared. Facilities- and the Reconstruction Assessments therefor shall be allocated as provided in §§8.3 (a) and 10.4 of the Declaration, provided that the cost included in any Reconstruction Assessment for reconstructing or repairing any Burdened Shared Facility shall be allocated based upon the formulas described in paragraph 1 above. (3) St~ecia! Assessments. Special Assessments shaIl be allocated I00% tv any Owner against whom such an Assessment is levied. FTL:643D78:16 ATTACHMENT G FTL;fi43078:16 EXHIBIT B CITY OF DELRAY BEACH CONSULTING AGREEMENT THIS AGREEMENT made this day of , 2008, by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation located at 100 N.W. 15` Avenue, Delray Beach, Florida 33444, hereinafter referred to as the "CITY" and , hereinafter referred to as the "CONSULTANT". WITNESSETH: WHEREAS, it has been determined to be in the City's best interest to retain the professional services of a consultant to secure a Buyer for the Old School Square Retail Space; and WHEREAS, the CONSULTANT is selected to provide competent and necessary professional services for the City as described in the RFQ and in this Agreement. NOW, THEREFORE, it is mutually agreed by and between CITY and CONSULTANT as follows: 1. Services. The CONSULTANT will furnish all of the services as described in the Request for Qualifications which is attached and incorporated by this reference. 2. Compensation. The CITY will compensate the CONSULTANT in the amount and according to the conditions negotiated by the parties which shall be set forth in "Exhibit 1" to this agreement which shall be incorporated as if fully set forth herein. Any breach of this Agreement wi11 relieve CITY from the obiigation to pay CONSULTANT, if CONSULTANT has not corrected the breach after CITY provides notice and a reasonable time to correct it. 3. Scope of Compensation. The CONSULTANT will be compensated for performance of tasks specified in the Request far Qualifications only.. No compensation will be provided for any other tasks without specific prior written consent from the CITY. 4. Duties. CONSULTANT will be responsible far the professional quality, technical accuracy, timely completion, and coordination of all reports, documents, and other services furnished by the CONSULTANT under this Agreement. 5. Personnel. The performance of services under this Agreement by certain professionals is significant to the CITY. CONSULTANT will assign the persons 8 listed on "Attachment 2," which is attached and incorporated by this reference, to perform the Services descried in Paragraph 1, and will not add or remove persons from the list without the prior written consent of the CITY. CONSULTANT will not subcontract any tasks under this Agreement without obtaining the advance written consent of the CITY. 6. Termination. Either CONSULTANT or the CITY may terminate this Agreement with thirty {30) days advance written notice. 7. City Property. All original documents, drawings, electronic media, and other material prepared by CONSULTANT tender this Agreement immediately becomes the exclusive property of the CITY, and may not be used by CONSULTANT for any other purpose without prior written consent of the CITY. 8. Insurance. a. The CONSULTANT shall secure and maintain at its own cost, for all operations the following insurance coverage: (1 } Commercial General liability insurance, Occurrence basis with minimum limits of $1,000,000 each occurrence, $2..,000,000 Annual Aggregate.; and (2} Automobile liability insurance of $500,000 combined single-limit per accident for bodily injury and property damage; and (3} Workers` compensation and employer's liability insurance as required by the Florida State Worker's Compensation Law; and {4) Errors and Omissions professional liability insurance with minimum coverage of $1,000,000 per occurrencelannual aggregate. b. Each insurance policy required above must: (1 } Provide for written notice within no mare than thirty (30} days it cancellation or termination of the policy occurs. Insurance coverage must be provided by an A.M. Best's rated A-NII. (2} The General Liability policy must name the CITY specifically as art additions[ insured under the policy. c. In executing this Agreement, CONSULTANT agrees to have completed insurance documents on file with the CITY within fourteen (14) days after the date of execution. Failure to corrmply with insurance requirements under this Agreement will be a material breach of this Agreement, resulting in immediate termination at CITY'S option. 9 9. Indemnification. CONSULTANT which in this paragraph 9 includes its agents, employees and subcontractors, if any) agrees to indemnify, defend, and hald harmless the CITY from all claims, lawsuits, damages, judgments, loss, liability, or expenses, including attorneys' fees, for any of the following: a. Any claim of liability arising out of the negligence or any acts or omissions of CONSULTANT in the performance of this Agreement; b. Any personal injuries, property damage or death that CONSULTANT may sustain while using CITY-controlled property or equipment, while participating in any activity sponsored by the CITY, or from any dangerous condition of property;: or c. Any injury or death which results or increases by any action taken to medically treat CONSULTANT. 10. Anti-Assignment Clause. The CONSULTANT may not assign, delegate or transfer any interest or duty under this Agreement without advance written approval of the CITY, anal any attempt to do so will immediately render this entire Agreement Wulf and void. 11. Independent Contractor. CONSULTANT is an independent contractor and no agency or employment relationship, either express or implied, is created by the execution of this Agreement. 12. Merger Clause. This Agreement and its Attachments, if any, are the entire understanding of the parties, and there are no other terms or conditions, written or oral, controlling this matter. In the event of any conflict between the provisions o~ this Agreement and any of its Attachments, the provisions of this Agreement must prevail. 13. Anti-Waiver Clause. None of the provisions in this Agreement will be waived by CITY because of previous failure to insist upon strict performance, nor will any provision be waived by CITY because any other provision has been waived, in whole or in part. 14. Severability. The invalidity in whole or in part of any provision of this Agreement will not void or affect the validity of any other provisions of this Agreement. 15. Choice of Law. This Agreement is governed by the laws of the State of Florida, Venue for all actions arising from this Agreement must be exclusively in the state or federal courts located in Palm Beach County, Florida. 1fi. Multiple Copies of AgreementlCounteroarts. Multiple copies and/or counterparts of this Agreement may be executed, including duplica#ion by photocopy or by 10 computerized scanning device. Each duplicate will be deemed an original with the same effect as if all the. signatures were on the same instrument. However,. the parties agree that the Agreement on file in the office ofi the City Clerk ofi the City of Delray Beach is the copy of the Agreement that shall take precedence should any differences exist. among copies or counterparts of the document. 17. Provisions Cumulative. The foregoing provisions are cumulative and in addition to and not in limitation of any other rights or remedies available to the CITY. 18. Notices to Parties. Any statements, communications or notices to be provided pursuant to this Agreement must be sent to the attention of the persons indicated below. Each party agrees to promptly send notice of any changes of this information to the other party, at the address first above written.. 19. Business License. The CONSULTANT is required to obtain a City of Delray Beach Business License prior to execution of this Agreement. 20. Compliance with Applicable Laws, Permits and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. CONSULTANT shall obtain any and all licenses, permits, and authorizations necessary to perform services set forth in this Agreement. Neither CITY, nor any elected nor appointed boards; ofFcers, officials, employees, or agents of CITY sha11 be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section. 21. Entire Agreement. This Agreement constitutes the entire agreement between CITY and CONSULTANT and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with ail the same formalities as this agreement. IN WITNESS WHEREOF, the parties below are authorized to act on behalf of their organizations, and have executed this Agreement as of the date set forth below. ATTEST: City .Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form; City Attorney Rita Ellis, Mayor 11 WITNESSES: (Name Printed) CONSULTANT: By: (Name) (Name Printed) (Tine) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of 2008, by as corporation (name of officer or agent, title of officer or agent), of {name of corporation acknowledging}, a (state or place of incorporation} corporation, on behalf of the He1She is personally known to me or has produced (type of identification) as identification. Notary Public THE CITY OF DELRAY BEACH DOES NOT DISCRIMATE AGAINST QUALIFIED PERSONS WITH DISABILITIES. 12 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 28, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 19, 2008 THRU FEBRUARY 29, 2008 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of February 19, 2008 through February 29, 2008. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board -Meeting of February 25, 2008 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. • Recommended denial (7 to 0), of a conditional use request for a late night business to extend the operating hours from 12 midnight to 5:00 a.m. seven days per week for Chez Mika Restaurant located within SherwoodPlaza at the southeast corner of Congress Avenue and SW 10th Street. Concurrently the Board recommended denial of a request to waive LDR Section 4.6.8 to allow the lighting to exceed the maximum foot candles allowed. The applicant has modified the request and will be seeking reconsideration by the Planning and Zoning Board. Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 6.2.1(D) "Street and Alley Construction" to provide updated standards regarding street and alley construction. • Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 4.6.7 "Signs", Subsection 4.6.7(H) "Exempt Signs" to include "Sponsorship Signs" as a new category of "Temporary Signs". • Recommended approval (6 to 0, Joseph Pike stepped down), of a final subdivision plat for Village Square at Delray, a proposed 326-unit residential development, located on the east side of Auburn Avenue and SW 13~' Avenue between SW 7~' Street and SW 10~' Street. • Recommended approval (4 to 0, Chuck Halberg, Joseph Pike and Francisco Perez-Azua stepped down) of amendments to the City of Delray Beach Community Redevelopment Agency's (CRA) Community Redevelopment Plan. • Recommended approval (6 to 0, Joseph Pike left the meeting), of the initiation of Comprehensive Plan Amendment 2008-1. Site Plan Review and Appearance Board -Meeting of February 20, 2008 A. Approved 4 to 1, (Andrew Youngross dissenting, Connor Lynch and Frances Bennett absent), a request for a color change for Road House Grill, located within the Plaza at Delray, 1750 South Federal Highway. B. Approved (5 to 0), a request for a color change for Crepes by the Sea, at the northwest corner of NE 5th Avenue and East Atlantic Avenue (6 NE 5th Avenue). C. Approved (5 to 0), a Class I site plan modification associated with architectural elevations changes to install fabric awnings for Depot Warehouse, located north of West Atlantic Avenue, between I-95 and Depot Avenue (1700 Depot Road). D. Approved with conditions (5 to 0), a Class II site plan modification associated with architectural elevation change involving the installation of awnings and brick pavers for Cabana El Rey (105 East Atlantic Avenue). E. Approved with conditions (5 to 0), a Class II site plan modification associated with changes to the building facades and lighting fixtures for New Century Commons, located at the southwest corner of Linton Boulevard and SW 4th Avenue (500 Linton Boulevard). Concurrently the Board approved a request for a waiver to LDR Section 4.6.8 to allow the photometric plan to exceed the maximum 4.0 foot candle requirement. F. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan for National Diamond, a proposed 21,394 sq. ft. office/warehouse building, located on the east side of NW 18th Avenue at the intersection of Dr. Carol Krol Way. G. Approved with conditions (4 to 0, Andrew Youngross left the meeting), a Class V site plan, landscape plan and architectural elevation plan for Office Depot/CVS Building, that involves the construction of a 19,202 square foot Office Depot building and a 13,203 square foot CVS building with drive-thru lane, located on the south side of George Bush Boulevard, between NE 6th Avenue and NE 5th Avenue (700 NE 6th Avenue). Concurrently, the Board approved the following waivers and special action: • Approved a waiver to LDR Section 4.6.9(D)(3)(c)(2) reducing the minimum staking distance from the first point of transaction of the proposed CVS building drive-thru lane from one hundred (100') feet to sixty five (65') feet. • Approved a waiver to LDR Section 4.6.9(D)(3)(c)(1) reducing the minimum staking distance from 50' to 26' for the access driveway from NE 7th Street r-o-w to the first parking space. • Recommended to the City Commission approval of a waiver to LDR Section 4.6.14 (A)(1) reducing the required twenty foot (20') sight visibility triangle to fifteen (15') at the intersection of N.E. 5th Avenue and the most western ingress/egress driveway of the site. • Recommended to the City Commission approval of a waiver to LDR Section 4.6.14 (A)(2) reducing the required forty foot (40') sight visibility triangle to thirty feet (30') at the intersection of N.E. 5th Avenue and N.E. 8th Street and the intersection of NE 6th Avenue and NE 7th Street respectively. • Approved waivers to LDR Section4.4.13(F) (4) reducing the following: • Along NE 6th Avenue the building frontage of 162' required at a maximum 10' setback to be reduced to a building frontage of 0'; and, the building frontage of 70' required to be at 15' minimum setback to be increased to a building frontage of 137'. • Along NE 5th Avenue building frontage of 219' required at a maximum 10' setback to be reduced to a building frontage of 0'; and, the building frontage of 94' required to be at 15' minimum setback to be increased a building frontage of 267'; • Along NE 8th Street the building frontage of 151' required at a maximum of 10' setback to be reduced to a building frontage of 0'; and, the building frontage of 64' required to be at 15' minimum setback to be increased to a building frontage of 96'; and • Along NE 7th Street the building frontage of 64` required at a maximum of 10' setback to be reduced to a building frontage of 0'; and, the building frontage of 91' required to be 15' minimum setback to be decreased to a building frontage of 46' Special Action Request: Approved a reduction of 62 parking spaces (i.e. 155 parking spaces required reduced to the 93 parking spaces provided), based on LDR Section 4.6.9(F)(1), which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use. Site Plan Review and Appearance Board -Meeting of February 27, 2008 H. Approved (4 to 0, Connor Lynch and Johnny Kincaide arrived late and Andrew Youngross absent), a request for a color change for Veterans Park Community Center, located at the northwest corner of East Atlantic Avenue and the Intracoastal Waterway. L Approved (5 to 0, Mark Gregory stepped down), a master sign modification request to revise the master sign program from a single tenant to a multiple tenant building for Levenger-DHL Building, located on the west side of Congress Avenue, south of West Atlantic Avenue (420 South Congress Avenue). J. Approved (6 to 0), a request for a color change for the Exxon Mobil Gas Station, located at the southeast corner of Linton Boulevard and Military Trail (16000 Military Trail). K. Approved (6 to 0), a Class I site plan modification associated with the installation of rolling steel doors to the service entryway for Maroone Dodge, located on the west side of NE 6th Avenue, north of NE 7th Street. L. Denied (6 to 0), a Class II site plan modification in conjunction with a waiver request to install a car lift display in the interior of the building showroom for Delray Mazda, located on the west side of South Federal Highway, south of Linton Boulevard (2001 South Federal Highway). M. Approved with conditions (6 to 0), a Class II site plan modification associated with adding exterior window and doors, building facade and parking lot improvements for Weekes and Calloway Corporate Offices, located on the north side of West Atlantic Avenue, west of Homewood Boulevard (3945 West Atlantic Avenue). N. Approved (6 to 0), a 24-month extension (expiring February 22, 2010) for Georgia Lime Commerce Center, a proposed 10,712 sq. ft. office/warehouse building located at the northwest corner of Georgia Street and Lime Lane. Historic Preservation Board -Meeting of February 20, 2008 1. Tabled (5 to 0, Keith Snider and Joanne Peart absent), a Certificate of Appropriateness request associated with replacement windows and the installation of a fence at anon-contributing property located at 418 NE 2"a Avenue. 2. Approved (5 to 0), a Certificate of Appropriateness associated with the demolition of a non- contributing structure and construction of a new garage, located at 211 NW 1St Street. 3. Approved (5 to 0), an 18-month extension (expiring July 4, 2009) for Pineapple Grove Limited, a proposed mixed-use project that contains 8 townhouses, 2 duplexes, and athree-story 5,764 square foot office building along the west side of the alley; construction of a mixed-use building along the east side of the alley that contains 4,868 square feet of restaurant floor area, 5,385 square feet of retail floor area, and 30 condominium dwelling units along the east side of the alley, located on the north side of NE 1st Street between Pineapple Grove Way and NE 1St Avenue RECOMMENDATION By motion, receive and file this report with the exception of SPRAB item G. Staff believes an excessive reduction in parking was granted. We recommend that the Commission appeal this item and conduct a hearing on this reduction in required parking spaces. Attachment: • Location Map .~PRAR .~PRAR A. ROAD HOUSE GRILL L. DELRAY MAZDA 6. CREPES BY THE SEA M. WEEKES AND GALLOWAY CORPORATE OFFICES C. DEPOT WAREHOUSE N. GEORGIA LIME COMMERCE CENTER D. CABANA EL REY E. NEW CENTURY COMMONS HPB F. NATIONAL DIAMOND 1. 418 NE 2ND AVENUE G. OFFICE DEPOT/CVS BUIDLING 2. 211 NW 1ST STREET H. VETERANS PARK COMMUNITY CENTER 3. PINEAPPLE GROVE LIMITED I . LEVENGER-DHL J. E;CXON MOBILE GAS STATION K. MAROONS DODGE N ~~~-~~-~~- CITY LIMITS ~~~~~~-~~- ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT MARCH 2008 DIGITAL BASE MAP SYSTEM - - MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 26, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 APPOINTMENTS TO THE BOARD OF AD,TUSTMENT ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Board of Adjustment. BACKGROUND At the direction of the City Commission, by virtue of Ordinance No. 47-07, the Board of Construction Appeals and the Board of Adjustment has been combined. The Board of Construction Appeals was disbanded and their duties added to the Board of Adjustment. At the City Commission meeting of February 19, 2008, Mr. Mel Pollack and Mr. Harvey Starin were reappointed to the Board of Adjustment. The initial board application packets sent to Commission by the Board Liaison indicated that the whole Board of Adjustment needed to be reappointed; however, further review indicated that this was not the case. The correct item was sent to Commission on February 15, 2008 and placed in MuniAgenda as well. However, Mr. Pollack and Mr. Starin were appointed at the February 19, 2008 Commission meeting. Both are existing regular members serving terms expiring on August 31, 2008, and therefore did not need to be reappointed since their terms had not yet ended. Additionally, the terms for Mr. Sigurdur Hardester and Ms. Lisa Shaheen expired on August 31, 2007. Mr. Hardester has served an unexpired term is eligible and would like to be considered for appointment. Ms. Shaheen has served a two (2) year term and would not like to be considered for reappointment. Therefore, two (2) regular members will need to be appointed to serve two (2) year terms ending August 31, 2009. Mr. Bernard Federgreen and Mr. Jess Sowards are both alternate members and would like to be considered for regular membership. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made as follows: Expiration Date Commissioner/Mayor to Appoint August 31, 2009 (two year term-regular member) Commissioner Montague (Seat #4) August 31, 2009 (two year term-regular member) Commissioner Mayor Ellis (Seat #5) RECOMMENDATION Recommend appointment of two (2) regular members to the Board of Adjustment to serve two (2) year terms ending August 31, 2009. BOARD OF ADJUSTMENT EXHIBIT "A" Bernard Federgreen Incumbent Sigurdur Hardester Incumbent James Houck (was a regular member on the Board of Construction Appeals) Patricia Neyra (was a regular member on the Board of Construction Appeals) Jess Sowards Incumbent 05/07 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2007 Sigurdur Hardester Manager Appt 10/05/04 tmexp alt Re-appt 08/16/05 alt Re-a t 02/06/07 tm re 08 /31 /2008 Mel Pollack, Qiair Director-Security Alt Appt 08/19/03 Reg appt 01 /06/04 Unexp Reappt 08/03/04 Reappt 08/15/06 08 /31 /2008 Clifton NTiller Retired G eneral Unexp Appt 10/05/04 alt Contractor Unexp Appt 04/05/05 reg Reappt 08/31/06 08 /31 /2008 Harvey Stariry Vice Qiair Realtor Alt appt 01/13/04 RegAppt 08/03/04 Reappt 08/31/06 08 /31 /2007 Lisa Shaheen Marketing/Public Unexp Appt 03/01 /05 Relations Re-appt 08/16/05 ALTERNATES 08 /31 /2009 Semard Federgreen Unexp Appt o2/20/07 Director of Operations Reappt 02/19/08 08 /31 /2009 Jess Sowards Architect Unexp Appt 05/01/07 Re t 02/19/08 Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Brian Shutt & Donna Quinlan Fax final Board Order to Chair Person for signature Copy of approved minutes to Donna Quinlan & Al Berg. S/City Clerk/Board 07/Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 26, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 APPOINTMENT TO THE KIDS AND COPS COMMITTEE ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Kids and Cops Committee. BACKGROUND Due to the recent Ordinance change, three (3) At Large Representatives for the Kids and Cops Committee are required. Currently, there are two At Large Representatives serving on the Committee. An additional representative is needed to serve a partial term ending on November 30, 2009. The Kids and Cops Committee was established as an advisory board to the City Commission in May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as representatives from the Delray Beach public schools. Over the years, membership has evolved to include "At-Large Representatives" which have provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen at Large" and "At-Large Representative" categories. The other appointments are made by the various groups involved and presented to the Commission for ratification. The following individuals have submitted applications and would like to be considered for appointment: Ellen Major-Hanna Kathy Shackman Phyllis Willingham (also applying for the Neighborhood Advisory Council) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3) for one (1) At Large Representative to serve a partial term ending on November 30, 2009. RECOMMENDATION Recommend appointment of one (1) At Large Representative to the Kids and Cops Committee to serve a partial term ending November 30, 2009. 02 /08 KIDS AND COPS TERM REGULAR MEMBERS ORGANIZATION EXPIRES REPRESENTED 11 /30 /2009 William J. Fay, Jr. (Principal) Banyan Creek Ratified 02/07/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Yvonne Odom Carver Middle Ratified 02/07/06 PBC SC11001 District Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Cheryl McKeever Crosspointe E lementary Unexp Appt 09/06/06 Ratified 11/17/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Paul DeDomenico Village Academy Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Shirley Santiago Plumosa E lementary Unexp Appt 09/06/06 Ratified 1 /2/07 Reappt 11/7/07 Ratified 12/11/07 11 /30 /2009 Maxx Berm S.D. Spady E lementary Unexp Appt 09/06/06 Ratified 11/17/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Cory Cassidy Citizen at Large Ratified 02/07/06 Representative Reappt 12/11/07 11 /30 /2009 Danielle Beardsley Parks and Recreation Ratified 02/07/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Jeffrey Messer, Chair Police Departrrlent Orig Appt 1997 Ratified 02/07/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Edward Smith Police Departrrlent Ratified 02/07/06 Reappt 11/07/07 Ratified 11/11/07 11/30/2009 Jennifer Buce, Vice Chair At Large Representative OrgAppt 04/97 Reappt 02/07/06 Re t 12/11/07 11 /30 /2009 Francis Moschette At Large Representative Reappt 02/07/06 Reappt 12/11/07 11 /30 /09 Vacant At Large Representative MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 26, 2008 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Neighborhood Advisory Council. BACKGROUND Regular member, Ms. L'Tanya Allen (Zone 5), submitted her resignation from the Neighborhood Advisory Council effective January 22, 2008. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending October 31, 2008. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications and would like to be considered for appointment. (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for one (1) regular member to the Neighborhood Advisory Council from Zone 5 to serve an unexpired term ending October 31, 2008. RECOMMENDATION Recommend appointment of one (1) regular member from Zone 5 to serve an unexpired term ending October 31, 2008. NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Applicant Zone 5 Evelyn Dobson Pearl Markfield Elrod Gail-Lee McDermott Samuel Resnick Phyllis Willingham Subdivision Town of Delray Town of Delray Osceola Park Pines of Delray Rosemont Park 12/07 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph, Vice Chair Unexp Apppt 08/21 /07 Re t 10/16/07 10/31/10 Zone 2 Jennifer Witt Appt 10/16/07 10 /31 /10 Zone 3 Linda Leib Unexp Appt 10/17/06 Re t 10/16/07 10 /31 /10 Zone 4 Harold Van Arnem Appt 10/16/07 10 /31 /08 Zone 5 Vacant 10 /31 /08 Zone 6 Linda Prior Unexp Appt 02/20/07 10/31 /08 Zone 1 Ria Santos Unexp Appt 12/11 /07 10/31/08 Zone 2 Bonnie Raycroft Amt 11/15/05 10/31 /09 Zone 3 Shirl Fields Appt 10/17/06 10 /31 /09 Zone 4 Claudia Flores Appt 10/17/06 10/31 /09 Zone 5 Matthew Hartley Appt 10/17/06 10/31 /09 Zone 6 Joseph Kamarata, Chair Appt 10/17/06 10 /31 /10 At Large Pamela Williairs Unexp Appt 03/21 /06 Representative Re t 11/06/07 10 /31 /08 At Large Patricia Westall Unexp Appt 04/19/05 Representative Re t 10/25/05 10 /31 /09 At Large Charles Stravino Amt 11/04/03 Representative Re t 10/17/06 10 /31 /08 Vacant Student 10 /31 /08 Vacant Student S/City Clerk/Board 08 /Neighborhood Advisory Cotmcil Page 1 of 1 Cobb, Venice From: Meeks, Janet SenE: Wednesday, January 23, 2008 8:32 AM To; Cobb, Venice Subject: FW: Regretfully... Please see note below from t_'Tanya From: Allen, LTanya J. [rnailto:AllenU@pbso.arg] Sent: Tuesday, January 2Z, X008 11:30 AM To: Meeks, 7anet Cc: Butker, Lula Subject: tegretfully... ...I must resign my seat on the Neighborhood Advisory Council. My work hours have changed and !don't get off until 6:30 pm. I have enjoyed being a part of a city `func#ion' and will miss our meetings. I will continue to `monitor` the `goings-on' of Delray and am grateful to have met and interacted with all of you. ~.~.~,~, ~~ ~ ~~ Palm beach County Sheriff's office Human ftesaurces Hivision 561.688.4394 561.688.3559 fax *** e5afe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 1 l~l'1 1.1 Il l1l1 CITY OF DELRAY BEACH, FLORIDA IVeigh,borhood Advisory Council -Appointment Zones ...~ ~~ CITY CtF DFZRAY 8EAC1{ FL ALADO~IAYG 6 ZONYNG DEPAATMIBIVI' MARCH 2006 „- _, . ~ ONE MILE ~ CRY LIMB •~~~~~~~~~~~~ -•OIGR'ALBA9EliMPSYSTAf-- GRAPHlC SCALE --- --- # -AREA IV[AMBER MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 25, 2008 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Nuisance Abatement Board. BACKGROUND The terms for regular member Mrs. Greta Britt and Mrs. Eileen Marks will expire on March 31, 2008. Mrs. Britt will have served one (1) full term is eligible and would like to be considered for reappointment. Mrs. Marks will have served an unexpired term, is eligible and would like to be considered for reappointment. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individuals have submitted applications and would like to be considered for appointment: Greta Britt Incumbent Gerald Franciosa Linda Laurence Leib (currently serving on the Neighborhood Advisory Council) Eileen Marks Incumbent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5) for two (2) regular members to serve two (2) year terms ending March 31, 2010. RECOMMENDATION Recommend appointment of two (2) regular members to the Nuisance Abatement Board for two (2) year terms ending March 31, 2010. NUISANCE ABATEMENT 03/07 TERM EXPIRES REGULAR MEMBERS OCCUPATION 03 /31 /2008 Greta Britt NA Unexp Alt 02/01/05 Unexp reg 02/15/05 Re-appt 03/15/05 reg Re-a t 02/21/06 03 /31 /2009 Philip Friedman Retired/Real E state / unexp Amt 03/01/05 alt Financial Aid Re-appt Reg 03/31 /05 alt Unexp reg Appt 01/17/06 Re-a t 03/05/07 03 /31 /2009 Kenneth Kaltman Financial Manager Unexp Alt 03/01/05 Re-appt 03/31/05 reg Re-a t 03/05/07 03/31/2008 Eileen Marks CSR/Banldng Appt 04/15/03 Appt Reg 02/15/05 unexp Re-appt Alt 03/31/05 Une A t 02/06/07 re 03 /31 /2009 Todd L'Herrou, QZair Web Designer Appt 03/31/05 Re-appt 03/05/07 03 /31 /2009 Arline Sherman Retired/Physical Therapy Manager Unexp Appt 02/07/06 Re-a t 03/05/07 03 /31 /2009 Leonard E pstien Retired Unexp Appt 03/05/07 Steve D. Rubin, Esq., Board Counsel Catherine Kozol, Police Legal Advisor Contact: Venice Cobb S/City Clerk/Board 08/Nuisance Abatement MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 26, 2008 SUBJECT: AGENDA ITEM 9.,T. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Police & Firefighters Retirement System Board of Trustees. BACKGROUND Mr. Alexander, regular member, submitted his resignation from the Police & Firefighters Retirement System Board of Trustees effective March 31, 2008. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending June 30, 2008. In accordance with Section 33.65 (A)(2) of the City Code, the City Commission appoints two public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications and would like to be considered for appointment: Adam Frankel Glenn Goss David Haycock (also applying for the Public Employees Relations Commission) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3) for one (1) regular member to serve an unexpired term ending June 30, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Police & Firefighters Retirement System Board of Trustees to serve an unexpired term ending June 30, 2008. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES (No Term Limits) 02/08 TERM EXPIRES REGULAR MEMBERS APPT SY Indefinite Greg Giaccone Fire Chief T° replace ~'~~ aaaa,s Battalion Fire Chief effective 05/17/06 Fire Departrrtent Indefinite Captain Ralph Phillips, Jr. Police Chief amt o9/01/07 Police Department 04 /22 /2009 Melvin Sacharow City amt 05/17/05 Commissioners Reaoot 05/01/07 (2 term) 04 /22 /2009 Sergeant Brady Myers Police Dept amt o4/22/05 Police Department Reappt 04/07 06 /30 /2008 Vacant City Commissioners (2 term) 04 /22 /2008 Officer Charles 1VL Jeroloman, QZair Police Dept Reappt 04/04 Police Department Reappt 04/06 04/22/2009 Lt. Jce Ligouri, Vice Clair Fire Dept t 04/99 ~ Fire D t ~n R t 04/01 Reappt 04/03 Reappt 04/05 Re t 04/07 04/22/2008 Lt. James Tabeek Fire Dept unexp amt 10/05 Fire Department Appt 04/06 Mayor Ellis (Mayor is sitting member) Contact: Anne Woods 276-0512 (telephone/fax) 243-4707 Commission Liaison: Mayor Rita Ellis S/City Clerk/Board 08/Police & Fire Board of Trustees Alexander A. "S~xr,.dy"Simon, Jr. 22U MacFarlane Drive, PH ~k6 • Defray Beach, Florida 33483 ~ (861} 243-8998 • Fax (561) 243-634¢ February 4, 2008 Mayor Rita Ellis and City Cotnncissioneis City of Delra~* Beach 1~ N. W. 1 Avenue Delray Beach. FI. 33444 Dear Mayor Ellis and Commissioners: ~y It has been zry pnvrte~ to serve at the pleasure of the. Mayor acrd Commission on the Delray Beach Fire and Police Board the past year or so. My desire to do so as a citizen and tax payer was prompted by three significant issues: i) the article is the Washington Post that announced to the world titere . was a potential. conflict of rest of this Board "in Delray Beach, Florida" since its advisor and broker was Smith Barney. I knew immediately that mixture was not in the list itrtierests of the City. 2) ~ l found that the City was requirtd to inject upvvards of ~SOO,OOQ each year into the fund that was, for several years yearly nvt covering its actual recluiremettts and there :was riv clear indiction it would in the near future. 3) Fur~er, the return on the nearly $100 rrciltiorc fund was sigrcificatttly below camparabte nearly Firs anti Police pension boards operating utxior 1l-e same Florida laws and Chase investment funds i serve an includir-g St. Jude's H+~spital. My desire, based on my years serving. on institiationtal .investment boards and committees convinced the changes had to be trade, and I hoped to partippa~e in tlCOSe changes. I am pleased that during the part year, the fine and caring members of the Board have indeed repiaoed its manager-broker-advisor with swell-qualified advisor tlmt is now also the funds' commissioned broker. The results have been stunning. Our ret~ttas are up significantly, vae are far more diversified and have significantly reduced risk through that newwell-~advisad diversity. Having said that, it is with great regret that I must offer my resignation traona the board dine to personal reasons, and m]- schedule, effi~tive March 31, 2008. I am simply not able to attend ali of the meetings necessary. as r~uired I do believe the Delray Beach Fire and Folice pension board is in excelierrt hands now and the results should become more-and trcar~e ~t a's~tirae goes oft, ho~#u~ly relievutg the-city tleasury offdrt3ier contributions. '-~~ ~ r . ~-""Sindy" Sirnan, dr. MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: February 26, 2008 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Public Employees Relations Commission. BACKGROUND The term for regular member Mr. Sidney Grossman will expire on March 13, 2008. Mr. Grossman will have served an unexpired term. He is eligible and would like to be considered for reappointment. The term will be for four (4) years ending March 13, 2012. Pursuant to Section 35.032 (A)(1)(a) of the City Code of Ordinances; the Commission shall be composed of three members and one alternate to be appointed by the City Commission. Members of the local Commission established pursuant to this division shall be appointed so that the composition of the local Commission is as follows: one appointee must be a person who on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employers; and one appointee must be a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations. All other appointees, including alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified as representative of employers, or of employees or employee organizations. In simpler terms, one must be a management representative, one must be a labor representative, and one must be neutral; not being classified as affiliated with either labor or management. Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office. The appointee need not be a resident of the City of Delray Beach. The following individuals have submitted applications and would like to be considered for appointment: Sidney Grossman Incumbent (Retired/Law Enforcement) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve a four (4) year term ending March 13, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to the Public Employees Relations Commission for a four (4) year term ending March 13, 2012. PUBLIC EMPLOYEES RELATIONS COMMISSION (PERC - 4 Year Term) O6/O6 TERM MEMBERS CLASSIFICATION OCCUPATION EXPIRES REPRESENTING 03 /13 /2008 Sidney G rossmary Qiair Employee Retired/Law unexp Appt o4/05/05 Enforcement 01 /29 /2010 Lorraine Kasper, Vice Qiair Employer Retired/E ducator Appt 02/05/02 Rea t01/17/06 06 /30 /2010 Dinah Stephenson Neutral Member Real E state Appt 05/21/02 reg Appt 02/19/02 tmexp alt Re t 6/20/06 06 /30 /2010 Edward Desmond Neutral Member Retail/Susiness Appt 05/21/02 Owner Re t 06/20/06 I. Jeffrey Pheterson, E sq. Board CoLmsel Marie Sucldnglti~rry Doolittle & Appointed by PERC $UYYOL1ghS, LLP, 09/13/91 Contact: Venice Cobb 243-7056 S/City Clerk/Board 08/PERC MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director of Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 ORDINANCE N0.06-08 -STREET AND ALLEY CONSTRUCTION STANDARDS ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 6.1.2(D), Streets and Alley Standards. BACKGROUND Chapter 6 of the Land Development Regulations sets forth standards for design and construction for infrastructure and public property. The proposed amendment updates the construction standards listed in Section 6.1.2(D) specific to streets and alleys. The following is a summary list of the specific changes being proposed: • The referenced edition of the Florida Department of Transportation Specification for Road and Bridge Construction is updated from 1973 to 2007, and the clause `as amended from time to time,' is also added. • The depth of the subgrade is increased from 8 inches to 12 inches, and the Florida bearing value of 50 pounds per square inch (psi) is increased to 75 psi. • Reference to Miami Ocala as an acceptable material for the base course is corrected to Miami Oolite, and crushed concrete is added. • Language providing specific properties regarding mesh size of mollusk shell and percentage by weight is stricken, and replaced with the statement that alternative materials must conform to DOT Specifications. • The surface course is amended to change the type of hot laid asphaltic concrete from Type II to S-I or S-III. • The referenced edition of the Florida Department of Transportation Specification for Road and Bridge Construction is updated from 1973 to 2007 when referenced in the section for curb and gutter specifications. • Minor typographical corrections. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on February 25, 2008. No one from the public spoke on the issue. The Board unanimously recommended approval on a 7 to 0 vote by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 06-08 for aCity-initiated amendment to the Land Development Regulations Section 6.1.2(D), Street and Alley Construction Standards, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.06-08 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS SY AMENDING SECTION 6.1.2(D), "STREET AND ALLEY CONSTRUCTION STANDARDS", IN ORDER TO PROVIDE UPDATED STANDARDS REGARDING STREET AND ALLEY CONSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 25, 2008 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Comrnission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 6.1.2(D), "Street and Alley Construction Standard" shall be amended to read as follow: (D) Street and Alley Construction Standards: Before any street or alley construction plans are approved by the City Engineer, he shall be satisfied that the following requirements, conditions, and standards are complied with. (1) Standard Reference: The Florida Departrr~ent of Transportation Specification for Road and Bridge Construction, Edition of Y~l~' J 2007, as amended from time to time and all Supplemental Specifications, all of which shall be hereinafter referred to as the DOT Specifications, are hereby made a part of this subsection. Where reference is made to the departrr~ent in the DOT Specifications, it shall be construed to refer to the City. Any and all irk not specifically mentioned hereafter shall be performed in accordance with the applicable portions of the DOT Specifications. (2) Clearing and Grubbing: Unless specifically approved in the plans and specifications the entire width of the right-of-way shall be cleared and grubbed in accordance with Section 110 of the DOT Specifications. (3) Excavation and Embankment: Excavation and fill, if called for in the approved plans and specifications, shall be in accordance with the applicable portions of Section 120 of the DOT Specifications. (4) Subgrade: The subgrade shall be Lmiformly stabilized to a depth of ei twelve inches to produce a Florida bearing value of 59 75 psi, in accordance with Section 160 in the DOT Specifications. A compaction of 98% of the maximum density as deternuned by AASHTO Method T-180 shall be deemed sufficient. Unless specifically deleted in the approved plans and specifications, shoulders eight feet in width on each side of the base course shall be stabilized in accordance with Section 160 of the DOT Specification The subgrade shall be brought to true grade and approved by the City Engineer prior to installation of the base course. (5) Base Course: (a) Abase course of limerock as specified in Section 911 of the DOT Specifications or crushed concrete shall have a minimum depth of eight inches after compaction, and shall be compacted in t~ layers to the 98% dry density, all in accordance with the provisions of Section 200 of the DOT Specifications. Ocala formation or NTiami ~ Oolite formation is acceptable; minimum percentage of carbonates (of calcium and magnesium) in limerock material shall be 95% for Ocala limerock and 70% for Miami lirnerock The width of the base course shall exceed the width of pavement as called for in the approved plans and specifications by 12 inches on each side. The use of forms for this course will not be required, and the use of suitable equipment shall be approved by the City Engineer. The base course shall be inspected and approved by the City Engineer prior to installation of the prime coat. (b) In case the above materials are not available, the City eEngineer may allow deviations from the above specifications on a case by case basis ° ° ° Alternate base materials must conform to DOT Specifications. l-k i ~ b 2 ORD. N0.06-08 (6) Priming: After approval, the base course shall be primed and a tack coat applied all in accordance with Section 300 of the DOT Specifications. (7) Surface Course: The surface course shall be ~e-~I S-I or S-III hot laid asphaltic concrete and shall have a minimum depth of 1-1 /2 inches after compaction. Width of paving shall be as called for in the approved plans and specifications and all work shall be in accordance with the applicable portions of Sections 320, 330, 331, and 332 of the DOT Specifications. Final inspection and approval of the surface course by the City Engineer shall be required (8) Clean Up: The site shall be cleared of all debris, excess fill, and equipment in a good and worlmianlike manner as approved by the City Engineer. (9) Grade, Drainage: The City Engineer shall approve the grade and drainage facilities for all construction before a permit shall be issued therefore. (10) Specifications for Curbs and Gutters: Where the road section approved by the Commission calls for curbs and gutters, they shall be constructed of Class I concrete with a minimum strength of 3,000 psi in accordance with Section 520 of the Florida Departrr~ent of Transportation Standard Specifications for Road and Bridge Construction, Edition ofd 2007, as amended from time to time. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. N0.06-08 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: FEBRUARY 25, 2008 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 6.1.2(D), STREET AND ALLEY CONSTRUCTION STANDARDS, TO PROVIDE UPDATED CONSTRUCTION STANDARDS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) to update the construction standards for streets and alleys. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS This item was continued from the January 28, 2008 Planning and Zoning Board meeting (see attached staff report). The original draft ordinance included limerock as the only base course material permitted by right. The City Engineer also wanted to include crushed concrete as a base course material to be permitted by right, as opposed to requiring his approval each time. This is reflected in the attached revised ordinance. When deviations from the materials identified in subsection 5(a) are presented, the revised ordinance continues to require conformity with DOT specifications, but allows approval by the City Engineer on a case by case basis. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 6.1.2(D) Street and Alley Construction Standards, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 6.1.2(D) Street and Alley Construction Standards, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). Planning and Zoning Board Meeting, February 25, 2008 LDR Amendment -Construction Standards for Streets an Alleys RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 6.1.2(D) Street and Alley Construction Standards, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed Ordinance 2 From: Hasko, Richard Sent: Friday, February 29, 2008 10:58 AM To: McDonnell, Mark; Lutchmansingh, Tracie Cc: Pyburn, Terrill; Gaskins, Lanelda; Dorling, Paul Subject: RE: LDR amendment on streets and alleys There are three components to the roadway infrastructure, subgrade, base and surface course. A standard specification for surface course can range between 1" and 3" depending on the rating of the road. Fro local streets, a 1-112" surface course is standard. The base is typically a shellrock or lirnerack layer 8" in depth and compacted to a standard compaction specification (usually 95- 98% ofmaximum attainable density for the material used. The subgrade, which is the first layer to be constructed is typically 12" thick. It can either be stabilized {in situ material mixed in a specified proportion with shell or limerock and compacted to a specific density standard) or simply carnpacted without the addition of stabilizing material to the density standard. If our LDRs specify 8" subgrade, then they have been deficient for a long time. Minimum. 12" depth. for subgrade course has been. a construction standard since I have been practicing engineering. That's probably more information than you wanted but hopefully that will allow you to answer this and any other questions that may arise. From: McDonnell, Mark Sent: Friday, February 29, 2008 10:51 AM To: Hasko, Richard; Lutchmansingh, Tracie Cc: Pyburn, Terrill; McDonnell, Mark; Gaskins, Lanelda; McDonnell, Mark; Dorling, Paul Subject: LDR amendment on streets and alleys Richard or Tracie- Mr. Harden may question why the depth for the subgrade for street and alley construction is being amended to increase it from the current 8 inches, to the proposed 12 inches. The ordinance {06-08) links it to DOT Specification Section 160, but do either of you know the reason why it was increased from 8" to 12"? Your timely response is appreciated. Mark McDonnell, AICP, Assistant Director Department of Planning and Zoning City of Defray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 ph-561-243-7046 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 27, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 ORDINANCE NO. 11-08 ITEM BEFORE COMMISSION Consideration of adoption of the proposed amendment to the Community Redevelopment Plan. BACKGROUND The Community Redevelopment Plan establishes the projects and programs to be undertaken by the CRA in the coming years. The Delray Beach CRA's first plan was adopted in 1986 and has been amended several times since. The last amendment was adopted in January of 2005. When formally adopted by the City Commission, this latest amended plan will replace the current Community Redevelopment Plan in its entirety. A list of the major changes can be found in the attached Planning & Zoning Board Staff Report, and a full copy of the amended Plan is attached. Since the amended Plan does not include any projects or programs which require revisions to the Comprehensive Plan or the Future Land Use Map, it remains consistent with both. While many of the projects included in the Community Redevelopment Plan involve staff or financial participation by the City, applicable policies are already included within the Comprehensive Plan for City participation in these programs. Specific recommendations for amendments to the Land Development Regulations and for the rezoning of several parcels of land, which are included on page 88 of the Plan, can be accommodated without amending the Future Land Use Map or the Comprehensive Plan. Given the above, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. REVIEW BY OTHERS • The Pineapple Grove Main Street Executive Board reviewed the amendments at its February 6, 2008 meeting and endorsed the amendments. • The Downtown Development Authority (DDA) reviewed the amendments at its February 11, 2008 meeting and recommended approval. • The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its February 13, 2008 meeting and recommended approval. • The Planning and Zoning Board considered the amendments at its February 25, 2008 meeting and unanimously recommended approval 4-0, (Chuck Halberg, Joe Pike and Francisco Perez stepped down), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. RECOMMENDATION By motion, approve on first reading Ordinance No. 11-08, for adoption of the amended Community Redevelopment Plan, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. ORDINANCE NO. 11-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSNE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTNE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-- 91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified and amended on September 5, 1995, by Ordinance No. 48-95; and as further ratified and amended on March 5, 1996, by Ordinance No. 8-96; and as further ratified and amended on February 3, 1998 by Ordinance No. 2-98 and Resolution No. 11-98; as further ratified and amended on November 7, 2000 by Resolution No. 94-00; and as further ratified and amended on May 15, 2001 by Ordinance 33-01; and as further ratified and amended on January 18, 2005 by Ordinance 1-05; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CRA", has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said Plan to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of new programs to the Plan; and WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, that the Community Redevelopment Plan be modified, amended and ratified in the form attached hereto as Exhibit "A"; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications conform to the Community Redevelopment Act of 1969, as amended; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications are consistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications meet the applicable requirements of Section 163.360, Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modifications to the Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this ordinance is based. Section 2. That the Community Redevelopment Plan for the City of Delray Beach be, and the same is hereby modified, amended and ratified in the form attached hereto as Exhibit "A" and made a part hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST: City Clerk First Readi MAYOR Second Reading Exhibit "A" TABLE OF CONTENTS PART ONE: BACKGROUND ...................................................................................................................... 1 I. AUTHORITY TO UNDERTAKE COMMUNITY REDEVELOPMENT ............................................................. .. 1 II. CREATION OF THE COMMUNITY REDEVELOPMENT AGENCY .............................................................. .. 2 III. POWERS OF THE COMMUNITY REDEVELOPMENT AGENCY ................................................................ .. 2 IV. THE COMMUNITY REDEVELOPMENT AREA ...................................................................................... .. 3 V. THE COMMUNITY REDEVELOPMENT PLAN ....................................................................................... .. 3 PART TWO: EXISTING CONDITIONS ..................................................................................................... .. 5 I. GENERAL DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AREA ........................................ .. 5 A. EXISTING LAND USE .......................................................................................................... .. 5 B. EXISTING HOUSING AND POPULATION ................................................................................. .. 6 C. EXISTING TRAFFIC CIRCULATION ........................................................................................ .. 6 D. DOWNTOWN PARKING ........................................................................................................ .. 6 II. GENERAL HOUSING CONDITIONS .................................................................................................... .. 7 FIGURE 1: RESIDENTIAL NEIGHBORHOOD CATEGORIZATION MAP .................................................... .. 9 III. GEOGRAPHICAL SUB-AREAS .......................................................................................................... 1U TABLE 2-1: GEOGRAPHIC SUB-AREAS ........................................................................................... .10 FIGURE 2: GEOGRAPHIC SUB-AREAS, COMMUNITY REDEVELOPMENT PLAN .................................... 11 A. SUB-AREA#1: "THE BEACH DISTRICT" .............................................................................. .12 B. SUB-AREA #2: "THE CENTRAL CORE" ................................................................................ 13 C. SUB-AREA#3:"WEST ATLANTIC AVENUE NEIGHBORHOOD" ................................................ 14 D. SUB-AREA #4: "THE NORTHWEST NEIGHBORHOOD" ........................................................... 16 E. SUB-AREA#5: "NORTH FEDERAL HIGHWAY" ...................................................................... 17 F. SUB-AREA#6: "NORTHEAST NEIGHBORHOOD" ................................................................... 18 G. SUB-AREA #7: "OSCEOLA PARK" ....................................................................................... 19 H. SUB-AREA#8: "THE SOUTHWEST NEIGHBORHOOD" ........................................................... 19 PART THREE: ANALYSIS ....................................................................................................................... 22 I. PROBLEMS AND NEEDS WITHIN GEOGRAPHIC SUB-AREAS ............................................................... 22 A. SUB-AREA#1: "THE BEACH DISTRICT" .............................................................................. 22 B. SUB-AREA #2: "CENTRAL CORE" ....................................................................................... 22 C. SUB-AREA#3: "WEST ATLANTIC AVENUE NEIGHBORHOOD" .............................................. 23 D. SUB-AREA~$4: "NORTHWEST NEIGHBORHOOD" .................................................................. 24 E. SUB-AREA#5: "NORTH FEDERAL HIGHWAY" ...................................................................... 24 F. SUB-AREA#6: "SEACREST/DEL-IDA NEIGHBORHOODS" ...................................................... 25 G. SUB-AREA #7: "OSCEOLA PARK" ....................................................................................... 25 H. SUB-AREA#8: "SOUTHWEST NEIGHBORHOOD" .................................................................. 26 I I. OVERALL NEEDS WITHIN THE COMMUNITY REDEVELOPMENT AREA .................................................. 27 A. REMOVAL OF SLUM AND BLIGHT ........................................................................................ 27 B. LAND USE ....................................................................................................................... 27 C. ECONOMIC DEVELOPMENT ................................................................................................ 28 D. AFFORDABLE HOUSING .................................................................................................... 28 E. DOWNTOWN HOUSING ...................................................................................................... 29 F. INFRASTRUCTURE ............................................................................................................ 30 G. RECREATION AND CULTURAL FACILITIES ............................................................................ 30 III. MARKET CONDITIONS AND DEVELOPMENT POTENTIAL ..................................................................... 3O A. OFFICE POTENTIAL ........................................................................................................... 31 B. HOTEL DEVELOPMENT POTENTIAL ..................................................................................... 31 C. INDUSTRIAL DEVELOPMENT POTENTIAL .............................................................................. 31 D. RESIDENTIAL DEVELOPMENT POTENTIAL ............................................................................ 32 E. RETAIL POTENTIAL/DOWNTOWN MARKET STUDY ................................................................ 32 Cluster 1 -West Atlantic Community Cluster ......................................................... 33 Cluster 2 -Transition Cluster .................................................................................. 34 Cluster 3 -Pineapple Grove Cluster ....................................................................... 35 Cluster 4 -Entertainment Cluster ........................................................................... 36 Cluster 5 -Osceola Park Cluster ............................................................................ 37 Cluster 6 -West of the Intracoastal Cluster ............................................................. 38 i Cluster 7 -North Federal Highway Cluster ............................................................. 38 Cluster 8 - Beachside Cluster ................................................................................. 39 IV. NEIGHBORHOOD IMPACTS OF REDEVELOPMENT EFFORTS ............................................................... 39 A. RELOCATION OF DISPLACED RESIDENTS AND BUSINESSES ................................................. 39 Relocation Policy ........................................................................................................ 40 B. TRAFFIC CIRCULATION ...................................................................................................... 40 C. ENVIRONMENTAL QUALITY ................................................................................................ 41 D. AVAILABILITY OF COMMUNITY FACILITIES AND SERVICES ..................................................... 42 E. EFFECT ON SCHOOL POPULATION ..................................................................................... 42 TABLE 3.1: Public Schools ............................................................................................ 43 V. RELATIONSHIP TO THE CITY'S COMPREHENSIVE PLAN ..................................................................... 43 PART FOUR: THE REDEVELOPMENT PROGRAM .............................................................................. 45 I. REDEVELOPMENT STRATEGIES ....................................................................................................... 45 A. Sub-Area #1: "The Beach District" .................................................................................. 45 B. Sub-Area #2: "The Central Core" .................................................................................... 45 C. Sub-Area #3: "The West Atlantic Avenue Neighborhood" .............................................. 45 D. Sub-Area #4: "The Northwest Neighborhood" ................................................................ 46 E. Sub-Area #5: "North Federal Highway" ........................................................................... 46 F. Sub-Area #6: "Northeast Neighborhood" ........................................................................ 46 G. Sub-Area #7: "Osceola Park" .......................................................................................... 46 H. Sub-Area #8: "Southwest Neighborhood" ....................................................................... 46 TABLE 4-1: CRA Programs & Project by Sub-Area ....................................................... 47 II. COMMUNITY REDEVELOPMENT AGENCY PROJECTS AND PROGRAMS ................................................ 48 A. GROUP 1: AREAWIDE 8c NEIGHBORHOOD PLANS .................................................................. 48 #1.1: West Atlantic Avenue Redevelopment Plan ...................................................... 48 #1.2: Downtown Delray Beach Master Plan ............................................................... 51 #1.3: Southwest Area Neighborhood Redevelopment Plan ....................................... 53 #1.4: North Federal Highway Redevelopment Plan ................................................... 55 #1.5: Osceola Park Redevelopment & Neighborhood Improvement Plan .................. 56 #1.6: Pineapple Grove Neighborhood Plan ................................................................ 58 B. GROUP 2: REDEVELOPMENT PROJECTS ............................................................................. 60 #2.1: NW and SW 5th Avenue Beautification .............................................................. 60 #2.2: FEC Railway Station .......................................................................................... 62 #2.3: Block 76 -Old School Square Expansion and Parking Garage ........................ 63 #2.4: South County Courthouse Expansion/Delray Beach Public Library .................. 65 #2.5: Old School Square Cultural Center ................................................................... 67 #2.6: Block 60 Redevelopment ................................................................................... 67 #2.7: Carver Estates/Auburn Trace Redevelopment (Villages at Delray) .................. 68 #2.8 West Settler's Historic District/Spady Museum ................................................... 70 #2.9: Affordable/Workforce Housing Program ........................................................... 72 #2.10: Carver Square Neighborhood ......................................................................... 75 #2.11: Cultural Loop/Martin Luther King Jr. Drive ...................................................... 77 C. GROUP 3: COMMUNITY IMPROVEMENT PROGRAMS .............................................................. 78 #3.1: Curb Appeal Residential Improvement Program ............................................... 78 #3.2: Site Development Assistance Program ............................................................. 80 #3.3: Community Activities Sponsorship Program ..................................................... 81 #3.4: Downtown Transit System -The "Downtown Roundabout" ............................... 82 #3.5: Business Development Program ....................................................................... 83 #3.6: Historic Facade Easement Program .................................................................. 84 #3.7: Grant Administration Program ........................................................................... 86 #3.8: Delray Beach Renaissance (First Time Homebuyers) Program ........................ 87 #3.9: Clean & Safe Program ....................................................................................... 87 #3.10: Downtown Marketing Cooperative ................................................................... 89 III. PROGRAM OF REGULATORY ACTIONS ............................................................................................. 9O A. COMPREHENSIVE PLAN AND/OR ZONING AMENDMENTS ....................................................... 90 PART FIVE: THE COST OF REDEVELOPMENT ................................................................................... 92 TABLE 5-1: City, CRA & County Funded Capital Projects - 2008-2013 ........................................... 92 I. SOURCES OF REDEVELOPMENT FUNDING 8c FINANCING .................................................................. 93 11 A. TAX INCREMENT REVENUES ............................................................................................... 93 B. REDEVELOPMENT REVENUE BONDS ................................................................................... 93 C. GENERAL OBLIGATION BONDS ............................................................................................ 94 D. SPECIAL ASSESSMENT DISTRICTS ...................................................................................... 94 E. COMMUNITY DEVELOPMENT BLOCK GRANTS ....................................................................... 94 F. INDUSTRIAL REVENUE BONDS (IRB) ................................................................................... 94 G. LAND SALES/LEASES ......................................................................................................... 94 H. CONTRIBUTIONS AND GRANTS ............................................................................................ 95 I. DIRECT BORROWING FROM COMMERCIAL LENDERS ............................................................. 95 I I. FIVE-YEAR PROJECTION OF REVENUE 8c EXPENSES ........................................................................ 95 TABLE 5-2: CRA 5-Year Projection of Revenues & Expenses ................................................... 96 III. FIVE-YEAR REDEVELOPMENT PROGRAM AND FUNDING ALLOCATIONS ............................................. 96 TABLE 5-3: CRA 5-Year Redevelopment Programming & Funding Allocations ......................... 97 APPENDIX A: LEGAL DESCRIPTION .................................................................................................... 95 APPENDIX B: FINDINGS OF NECESSITY ........................................................................................... 101 APPENDIX C: COMPLETED PROJECTS .............................................................................................. 107 # 1.1: Downtown Core Geographic Area of Exception ...................................................................... 108 #1.5: Seacrest/Del-Ida Neighborhood Improvement Plan ................................................................ 109 # 2.1: Bankers Row Project Implementation .................................................................................... 110 #2.2: Pineapple Grove Main Street Program ................................................................................... 111 #2.2: Block 77 Redevelopment Project (Worthing Place) ................................................................ 114 # 2.3: Municipal Tennis Center Rehabilitation .................................................................................. 116 # 2.4: Old School Square Cultural Center ........................................................................................ 117 # 2.5: Blocks 28 & 36 Redevelopment .............................................................................................. 119 # 2.6: Block 60 Redevelopment ........................................................................................................ 120 #2.7: Seacrest/Del-Ida Neighborhood Improvement ........................................................................ 123 #3.8: Renaissance (First Time Homebuyers) Program .................................................................... 124 APPENDIX D: LAND ACQUISITION MAPS .......................................................................................... 127 iii This page left blank intentionally. iv PART ONE: BACKGROUND AUTHORITY TO UNDERTAKE COMMUNITY REDEVELOPMENT This document has been prepared under the direction of the City of Delray Beach Community Redevelopment Agency in accordance with the Community Redevelopment Act of 1969, F.S. 163, Part III. In recognition of the need to prevent and eliminate slum and blighted conditions within the community, the Community Redevelopment Act confers upon counties and municipalities the authority and powers to carry out "Community Redevelopment." For the purposes of this Community Redevelopment Plan, the following definition, taken from the Florida Statutes, shall apply: "Community Redevelopment" or "Redevelopment" means undertakings, activities, or projects of a county, municipality, or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan. The ability of a county or municipality to utilize the authority granted under the Act is predicated upon the adoption of a "Finding of Necessity" by the governing body. This finding must demonstrate that: (1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in the county or municipality; and, (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. E. Atlantic Avenue -before E. Atlantic Avenue -after II. CREATION OF THE COMMUNITY REDEVELOPMENT AGENCY Upon a "Finding of Necessity" by the governing body and upon further finding that there is a need for a Community Redevelopment Agency to function in the county or municipality to carry out community redevelopment purposes, any county or municipality may create a public body corporate and politic to be known as a "Community Redevelopment Agency." The Agency shall be constituted as a public instrumentality, and the exercise by the Agency of the powers conferred by F.S. Chapter 163, Part III shall be deemed and held to be the performance of an essential public function. The City of Delray Beach City Commission established the Delray Beach Community Redevelopment Agency on June 18, 1985, with the adoption of Ordinance 46-85. The organizational structure of the agency was also established at that time. It consists of a board of seven members appointed by the City Commission. The term of office of the board members is four years. A vacancy occurring during a term is filled for the unexpired term. The provisions of Ordinance No. 46-85 have been codified in Article 8.1 of the City's Land Development Regulations. III. POWERS OF THE COMMUNITY REDEVELOPMENT AGENCY As authorized by the Community Redevelopment Act, a wide variety of powers are available to the City of Delray Beach to carry out redevelopment activities. While most of these powers may be delegated to a Community Redevelopment Agency, others may not. These powers, which continue to vest in the City Commission, are as follows: • The power to determine an area to be a slum or blighted area and to designate such an area as appropriate for community redevelopment; • The power to grant final approval to community redevelopment plans and modifications thereof; • Prior to the approval of the community redevelopment plan or approval of any modifications of the plan, the power to approve the acquisition, demolition, removal, or disposal of property and the power to assume the responsibility to bear loss; • The power to authorize the issuance of revenue bonds. The powers which the City Commission has chosen to delegate to the Delray Beach Community Redevelopment Agency under City Ordinance No. 46-85 include the following: • The power to acquire property deemed necessary for community redevelopment, except that the use of eminent domain (for public purpose) shall require specific approval from the City Commission; • The power to hold, improve, clear, or prepare any acquired property for redevelopment; • The power to dispose of property acquired within the community redevelopment area for uses in accordance with the plan; • The power to construct improvements necessary to carry out community redevelopment objectives; 2 • The power to carry out programs of repair and rehabilitation; The power to plan for and assist in the relocation of persons and businesses displaced by redevelopment activities; • The power to receive and utilize tax increment revenues to fund redevelopment activities. In 1992, the City Commission adopted City Ordinance No. 17-92 which delegated the following power to the CRA: • The powers to appropriate such funds and make such expenditures as are necessary to carry out the purposes of the Community Redevelopment Act of 1969. Other powers authorized by the Act but which the City Commission has elected not to delegate to the Agency are: The power to zone or rezone any part of the city or make exceptions from building regulations; and to enter into agreements with a housing authority, which agreements may extend over any period; The power to close, vacate, plan, or re-plan streets, roads, sidewalks, ways or other places and to plan or re-plan any part of the city. IV. THE COMMUNITY REDEVELOPMENT AREA Pursuant to State Statutes, a community redevelopment area must be a slum area, a blighted area, or an area in which there is a shortage of housing that is affordable to residents of low or moderate income, including the elderly. The City of Delray Beach Community Redevelopment Agency generally consists of the older central core of the city which had become deteriorated due to age, obsolescence, and the lack of investment. While parts of the area have been revitalized as a result of community redevelopment efforts over the years, many areas still suffer from blighted conditions. Unfortunately, a deteriorating area is self propagating, and as conditions worsen, residents and private businesses become less willing to put financial resources into the area. It is this cycle which severely limits the ability of private enterprise to stop the spread of slum and blight without public assistance. A "Finding of Necessity" for the initial 1,812 acre Delray Beach Community Redevelopment Area was adopted by City Commission Resolution No. 32-85 on May 14, 1985. A "Finding of Necessity" for an additional 103 acres, located along North Federal Highway, was adopted by City Commission Resolution No. 47-87 on November 24, 1987, and the Community Redevelopment Area was thus increased to its current size. The overall boundaries of the Community Redevelopment Area are shown graphically in Figure 1 and by legal description in Appendix "A." A copy of each "Finding of Necessity" is found in Appendix "B." In 1995, as a result of an eminent domain taking, the CRA received a favorable Appellate Court ruling in the Fourth District Court of Appeals stating the validity of the Necessity of Finding of 1985. V. THE COMMUNITY REDEVELOPMENT PLAN All public redevelopment activities expressly authorized by the Community Redevelopment Act and funded by tax increment financing must be in accordance with a 3 redevelopment plan which has been approved by the City Commission. Like the City's Comprehensive Plan, the Community Redevelopment Plan is an evolving document which must be evaluated and amended on a regular basis in order to accurately reflect changing conditions and community objectives. All redevelopment financed by tax increment revenues shall be completed no later than thirty (30) years following the adoption of this amendment to the plan. 4 PART TWO: EXISTING CONDITIONS I. GENERAL DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AREA A. Existing Land Use Existing land uses in the Community Redevelopment Area follow patterns of historical development activity, and the requirements of existing and past zoning districts. There are approximately 1,961 acres of land within the Community Redevelopment Area, including public rights-of-way. A generalized pattern of existing land use is depicted in Map H (see Appendix <<D<<~. Overall, the single largest land use within the CRA is residential. The majority of the residential development is comprised of single-family detached dwellings in older neighborhoods. Starting in the late 1990's the City began to experience a surge in new residential projects in the Central Business District. Most of these developments consisted of owner-occupied townhouse style product; however, by 2005, that trend began to diversify with rental apartments, lofts, and luxury condominium units. While some of those projects were put on hold given the recent downturn in the housing market, other projects are currently under construction, including a townhouse development that provides workforce housing units. Commercial uses within the redevelopment area have generally been clustered around the Atlantic Avenue and Federal Highway Corridors. In the Central Business District retail activities are concentrated primarily along Atlantic Avenue and N.E. 2nd Avenue (Pineapple Grove Way), while general business, office, and other commercial uses extend north and south along and adjacent to the Swinton Avenue and Federal Highway corridors. The main retail shopping and dining district extends along Atlantic Avenue between Swinton Avenue and the Atlantic Ocean. Pineapple Grove Way has historically contained more neighborhood oriented businesses such as a grocery store, drugstore and post office. However, several large scale redevelopment projects are transforming this corridor into a retail shopping and dining destination, along with more than a hundred new residential units being proposed. Another evolving commercial district is in the area of West Atlantic Avenue and NW/SW 5t" Avenue, where new ethnic restaurants and shops are emerging to serve local residents as well as the wider population. Light industrial uses can be found scattered throughout the CRA district. One small area in the southwest corner of the CRA district is zoned for light industrial uses; however, development potential is limited since it is located within a well field protection zone. Another area is concentrated along the FEC railroad corridor in the downtown. Several light industrial type uses that had previously been nonconforming became conforming in 1995 with the creation of the CBD-RC (Central Business District-Railroad Corridor) zoning district. This district defined the boundaries of the industrial area, expanded the list of permitted uses and included several special regulations dealing with overhead garage doors and outside storage. In addition, a small industrial area consisting of only a few properties exists at the north end of the CRA area, adjacent to Gulfstream Boulevard. Development potential is limited due to its small size and location adjacent to a residential area. In 1997 the City created an overlay zoning district for a portion of the General Commercial property situated on Federal Highway, between NE 14th Street, Dixie Highway, North Federal Highway, and the City's northern boundary. The district allows (under special conditions) uses such as light manufacturing, but it must be accompanied by a retail showroom component. The change in the land use regulations was a result of an in- depth study of the area and a need to allow special light industrial into the near-downtown area. 5 Institutional and Recreational land uses are located throughout the residential neighborhoods of the CRA. Among these are three public schools, numerous churches, City Hall, the Public Safety (Police) complex, the South County Courthouse, the City's Public Works complex, the library, City Tennis Center, Community Center, and several public parks (see Appendix "D", Map H.) The majority of the vacant land within the Community Redevelopment Area is in individual building lots located within existing residential neighborhoods. B. Existing Housing and Population The 2000 Census of Population and Housing indicates the Redevelopment Area contains approximately 5,724 housing units, with a resident population of approximately 15,258. A breakdown of total housing units and population by geographic sub-area is provided in Table 2-1 Part Two, Section Three of this Plan. The overall racial composition of the Community Redevelopment Area is 26.5% white, 61 % black and 12.5% other. It should be noted; however, that there is considerable variation in these percentages within different neighborhoods of the Community Redevelopment Area. C. Existing Traffic Circulation Overall, the street system within the Redevelopment Area can be summarized as a symmetrical grid. The local streets define a system of rectangular shaped blocks with the longer block dimension oriented to the north and south. Major north/south arterial roadways include SR A-1-A, US 1, and I-95. SR A-1-A is presently two (2) lanes along its entire length with turn lanes at selected points. US-1 has separate 3-lane one-way corridors for northbound and southbound travel. On-street parallel parking is provided adjacent to the outside edge of each corridor. I-95 is a major expressway forming the western boundary of Redevelopment Area. The interchange of I-95 with Atlantic Avenue establishes this location as the western entrance to the downtown area. Atlantic Avenue is one of two principal east/west arterials in Delray Beach. The western portion of this roadway is presently built as a 4-lane facility with on-street parallel parking. Traffic signals occur at every other block along this section. Within most of the central core district, the roadway narrows to a 2-lane design and virtually every intersecting roadway is signalized. Parallel parking is provided throughout much of this area. East of East 5t" Avenue (Southbound US1), Atlantic Avenue widens to a 4-lane undivided design with parallel parking. The Community Redevelopment Area's traffic circulation system also includes several collector facilities including Swinton Avenue, West 5th and 8thAvenues, East 2nd Avenue, and both North and South 1st Streets. Additionally, NE and SE 1st Street, between Swinton Avenue and US 1, operate as a downtown bypass system taking some of the traffic congestion off of Atlantic Avenue. D. Downtown Parking While on-street parking has historically and symbolically served downtown Delray Beach 6 well, off-street parking lots have been constructed to serve the additional parking needs of shoppers and employees in this area. A total of 4,388 parking spaces were noted in a 1989 study of the 25 block downtown Atlantic Avenue core. In the time since, 1,989 additional public spaces have been constructed. A study published in 2003 in connection with the Downtown Master Plan indicated a weekday shortage of nearly 680 spaces in the Central Core area, and a weekday shortage of 319 spaces in the West Atlantic area. These shortages are even more pronounced on weekend evenings, when the restaurants and entertainment venues are experiencing high volumes. In 2004, a 355-space parking garage was constructed with County, City, and CRA funds to serve the courthouse and library. There remains a need to provide additional public facilities. In December 2006, the City Commission adopted the Parking Master Plan, which provides a comprehensive approach to address the City's parking challenges. In 2007, two City parking garages were completed (Federspiel Parking Garage & Old School Square), which provide over 700 spaces to the downtown area. II. GENERAL HOUSING CONDITIONS In conjunction with the preparation of the 1996 Comprehensive Plan Evaluation and Appraisal Report (EAR), the City conducted a visual survey of its current housing stock. Residential neighborhoods were classified as to the overall appearance and condition of the structures and infrastructure (See Figure 1: Residential Neighborhood Categorization Map). The classifications and their applicable descriptions are as follows: • Stable-No apparent signs of physical or other decline; no improvement needed. • Stabilization -Appearance of minor code violations and maintenance problems; some improvement desired. • Revitalization-Evidence of decline in condition of structures and yards; increase in crime; property values stagnant or declining. • Rehabilitation-Numerous code violations; deteriorated and non-maintained structures; high level of absentee ownership; significant crime problems; large number of vacant lots. • Redevelopment-Lack of basic infrastructure; incompatible mix of land uses; numerous substandard structures and vacant lots. The CRA boundaries are shown in the shaded area on the Residential Categorization Map. It is evident from this map that the vast majority of neighborhoods designated as Revitalization, Rehabilitation, and Redevelopment are located with the CRA district. Conditions have improved in some of these neighborhoods in the time since the categories were applied, however, there remains a need for concentrated efforts to upgrade the housing stock in those areas marked as Rehabilitation and Redevelopment. Pursuant to objectives and policies contained with the Housing Element of the City's Comprehensive Plan, these areas are to receive the greatest priority in terms of capital improvements, code enforcement, housing rehabilitation assistance, and social programs. It is a major objective of the City to eliminate all substandard housing conditions within its jurisdiction. To accomplish this objective, the City and the CRA must work together to develop programs aimed at maximizing the impact of public expenditures to leverage private investment in the area. While a great deal of progress has been made by the city in eliminating the signs of deterioration, the cycle of decline is still present, particularly in the neighborhoods north and 7 south of West Atlantic Avenue, and cannot be reversed without a major effort on the part of the public sector, individual homeowners and private enterprise. Efforts are underway to address the problems created by the blighted Carver Estates public housing project and the absentee owner units, especially in the southwest neighborhood. In 1994, the City, CRA, and other organizations created a housing partnership, "The Renaissance Program," for the purpose of developing a housing program to eliminate deteriorating conditions and building new, affordable housing in these neighborhoods. This program provided more than 170 homes for first time low to moderate income homebuyers. The growth that Delray Beach has experienced in recent years has resulted from the redevelopment of the older neighborhoods as well as the influx of residents into new areas of the City. In order to provide and maintain an adequate supply of permanently affordable housing for families that work within our community, the CRA collaborated with the City and the Housing Authority to create the Delray Beach Community Land Trust (DBCLT) in 2006. The CRA has been a major sponsor of the DBCLT, providing property and funding for staffing and operations. The CRA has also purchased a number of deteriorated multi-family buildings with the intent of redeveloping and upgrading them for affordable housing purposes. Recently, construction and renovation of two of the buildings have been completed (La France Apartments and 133 NW 5t" Avenue), which will provide permanently affordable housing for elderly residents (60 years and older) as well as families. The programs are discussed more fully in Part Four of this Plan. 8 FIGURE 1: RESIDENTIAL NEIGHBORHOOD CATEGORIZATION MAP III. GEOGRAPHIC SUB-AREAS Within the Community Redevelopment Area, there are considerable variations in the degree of deterioration, land use patterns and existing socioeconomic conditions. In order to develop an effective plan which is cognizant of these variations, the CRA has been divided into eight distinct geographic sub-areas (see Figure 2) each requiring a different redevelopment strategy. In addition to addressing underlying problems and capitalizing on area opportunities, associated redevelopment strategies focus on maintaining and enhancing major assets which provide positive contributions to the redevelopment effort. Physical features, (e.g. landmarks, barriers, activity centers, etc.), within each sub-area are also considered, since they have a significant influence upon specific urban design decisions which may impact overall redevelopment strategy. The eight geographic sub-areas and their major characteristics are shown graphically in Table 2-1. Note: These sub-areas differ slightly from those included in previous versions of the CRA Plan. The neighborhoods north and south of W. Atlantic Avenue were listed as sub-area #4 -Residential Core and the industrial area at I-95 and SW 10t" Street was listed as sub-area #8 - I-95/SW 10t" Street. Since the residential area south of W. Atlantic Avenue (Southwest Neighborhood) and the industrial area are included in the Southwest Area Neighborhood Redevelopment Plan, these areas are now depicted as sub-area #8 and the residential area north of W. Atlantic Avenue is depicted as sub-area #4 -Northwest Neighborhood. TABLE 2-1: GEOGRAPHIC SUB-AREAS Sub-Areas Areas* Housing Residents** General Land Use Zoning (acres) Units** #1 Beach Area 69 510 550 Commercial/Residential CBD, CF, RM #2 Central Core 264 594 995 Commercial/Residential CBD, CBD-RC, OSSHAD, RM, CF, West Atlantic Commercial/ CBD CF OSSHAD #3 Avenue 187 491 1,116 Government/ , , , RO R-1-A RM Neighborhood Residential , , ~ Northwest 250 643 1 857 Residential R-1-A RM CF OSR Neighborhood , , , , #5 North Federal 205 363 577 Commercial/Residential CBD, GC, AC, PRD, Highway R-1-A, RL, RM Northeast R-1-A, R-1-AA, RL, #6 (Seacrest/Del-Ida) 260 804 2,066 Residential RM, CF, MIC, RO, Neighborhoods NC Light Industrial/ CBD, CBD-RC, AC, #7 Osceola Park 170 452 1,577 Commercial/ GC, CF, R-1-A, RM, Residential OSR #8 Southwest 556 1 867 6 520 Residential/ CF, LI, R-1-A, RM, Nei hborhood , , Industrial OSR TOTALS 1,961 5,724 15,258 Note: *Area calculations differ from previous CRA Plan due to changes in Sub-Area boundaries; ** Housing units & Residential counts from 2000 Census 10 FIGURE 2: GEOGRAPHIC SUBAREAS, COMMUNITY REDEVELOPMENT PLAN 11 Another significant factor in the development of effective sub-area redevelopment strategies is the participation of community members. The success or failure of stabilization and redevelopment efforts is dependent upon the level of public support. Additionally, given the limited resources available for redevelopment, coordination between public and private efforts is essential to maximize efficiency and avoid duplication. A detailed description of each of the eight geographic sub-areas of the CRA is provided below. Each description provides an overview of existing conditions, including a list of major physical features, institutions, and developments located within the sub-area. A. Sub-Area #1: "The Beach District" This sub-area, containing approximately 69 acres of land, consists of several condominiums as well as resort hotels and businesses which focus on tourist activity and the beach. The commercial area along Atlantic Avenue is, with few exceptions, limited in depth to the frontage buildings. Along SR A-1-A, business uses are limited to the Marriott Hotel on the north side of Atlantic, and a few restaurants, shops, and small hotels on the south side. With the exception of the major hotels and some older nonconforming condominium buildings, development is at or below the 48 ft. height limit. While much of the commercial space fronts directly on the street, there are other instances where the storefronts and sidewalk are separated by parking lots or large stretches of landscaping. This condition, combined with the 4-lane, no median condition of E. Atlantic Avenue in this area, make this part of the downtown less pedestrian friendly than the Central Core area. Parking is in high demand in the area and all public parking spaces are metered. Public parking is located along the major streets, as well as in two shared surface lots: one at the Marriott Hotel on A-1-A and the other off of Gleason Street that the City leases from the First Presbyterian Church. There are additional public parking lots located south of the commercial area off of A-1-A, but the hours that these lots can be used are restricted and their distance from the shops and restaurants discourages heavy usage by business patrons. However, they have been utilized for valet parking, which helps alleviate some of the parking challenges. This area has seen substantial private investment in building upgrades and expansions, with the conversion of the former Spanish River time share project to a Marriott Courtyards Hotel, renovation of the Bank of America and Waterways commercial condominium properties, construction of an upper level at Boston's restaurant, and approval of plans to replace a small shopping center with a 4-story hotel development (Seagate Hotel) at the southwest corner of Gleason Street and Atlantic Avenue. The Downtown Master Plan includes recommendations for improving pedestrian safety and increasing parking availability in the area. Maior Physical Features: • The Atlantic Ocean and the Beach to the east. • Intracoastal Waterway to the west. • Marriott and Marriott Courtyards Hotels. • First Presbyterian Church. 12 B. Sub-Area #2: "The Central Core" This sub-area, containing approximately 264 acres of land, consists of the City's central business district (CBD) and several fringe residential areas. The area, while primarily commercial in nature, contains a mix of residential, commercial and light industrial land uses. The retail/restaurant core is centered on Atlantic Avenue and Pineapple Grove Way. The maximum building height allowed in this section of the CRA is 48' except for limited areas where up to 60' is permitted by conditional use. With the exception of a few mid-rise buildings, including the office buildings in Atlantic Plaza, the Town Square office building between the Federal Highway pairs, the mixed-use and condominium buildings in the Pineapple Grove district most of the buildings within the area are one to three stories in height. The tight massing of structures, particularly along Atlantic Avenue and sections of Pineapple Grove Way, creates a solid continuous facade of buildings typically associated with older downtown areas. The architectural styles are diverse, reflecting a downtown that evolved over decades. The wide mix of businesses further reflects this diversity. From drug stores to designer wear, souvenir shops, ice-cream stores and water-view restaurants, the downtown area reflects a diversity of interests. The overall scale of the area is that of a small to a medium sized downtown which presents a strong sense of place to residents and visitors. As one of the few downtowns in South Florida to have retained its commercial focus, this area continues to serve as a true community center. Renewal and redevelopment have been an on-going activity in the downtown area for a number of years. Minor renovations and rehabilitation have been ongoing since the mid-1990's, followed by major redevelopment projects in more recent years. The Atlantic Avenue Beautification project, which upgraded the sidewalks, parking and landscaping in the Central Core area, was a major commitment by the City, CRA and DDA to revitalize the downtown business district and generate private reinvestment. Coordinated hardscape elements, such as lighting, benches and trash receptacles; specially paved widened sidewalks and street crosswalks and the street tree and landscape program make this stretch of Atlantic Avenue one of the most attractive downtown pedestrian corridors in the region. Similar beautification measures were subsequently implemented in the Beach District and West Atlantic area. The downtown area has experienced tremendous growth, much of which has been in the area of new housing. The 33-unit Courtyards project and the 22-unit Town Square development, which were built in the late 1990's, demonstrated that there was a strong pent-up demand for urban infill housing. Several other townhouse projects followed, primarily along the Federal Highway corridor, as well as the 160 unit Pineapple Village rental apartment complex. In recent years there has been a strong interest in mixed use projects that provide shops and restaurants on the ground floor and condominium units above. The new CityWalk and The Astor (former Creations site) on Pineapple Grove Way, Ocean City Lofts on NE 4t" Avenue, and The Mark on SE 2"`' Street, reflect this trend. The FEC railroad corridor runs through the Central Core district, with more than twenty freight trains traversing the area on a daily basis. Until recently the uses abutting the railroad were commercial and light industrial in nature, and many had not been renovated in decades. With the advent of construction techniques that provide significant sound buffering, several new housing projects were approved that locate residential units in close proximity to the railroad. Recently, the housing market has cooled somewhat and not all of the approved projects are moving forward to construction. Changes in the City's land development regulations enabled the increase in the density and scale that has helped the downtown to become more active and economically vital. In order to address concerns that the new development would overwhelm the traditional one and two story buildings in town, Design Guidelines were adopted to help to keep new construction 13 compatible with the downtown's historic scale. As with most traditional downtowns, street parking played the most important early role in providing convenient customer access. When the Atlantic Avenue streetscape improvements were planned, the critical importance of street parking was understood, and the parking was retained to the greatest extent possible. Increased parking demands created by the redevelopment activities, along with high property values, illustrate the importance of moving toward structured parking. In order to improve traffic circulation and enhance pedestrian safety, the Downtown Master Plan includes recommendations to change the one-way bypass system (N.E. and S.E. 1st Streets) to two way traffic, and widening of the sidewalks along the Federal Highway pairs. As of the date of this plan amendment, most of the work related to the conversion of NE/SE 1St Streets to two-way traffic has been completed. Regarding the Federal Highway pairs, it was determined that temporary modifications would be installed to study the traffic impacts and determine if the changes would create severe traffic congestion. Installation of the temporary modifications is underway. Major Physical Features: • The F.E.C. Railroad. • The Intracoastal Waterway. • Contains many historic sites/buildings including the Marina Historic District and Old School Square Cultural Arts Center. • Pineapple Grove Arts District. • Bankers Row. • Veteran's Park. • East-West traffic circulation, "the bypass system". • Federal Highway. C. Sub Area #3: "West Atlantic Avenue Neighborhood" This sub-area, containing approximately 187 acres, generally comprises cone-block (600') deep corridor on each side of Atlantic Avenue from I-95 to West 3rd Avenue. The second block of NW 5th Avenue neighborhood commercial area, located between NW 1st and NW 2nd Streets is also included in this sub-area, as well as the north half of the second block, south of SW 1St Street. Overall, the area is characterized by older deteriorating commercial uses interspersed with vacant lots and vacant buildings. Existing businesses are primarily oriented to service the immediate neighborhood located on either side of Atlantic Avenue. The rear portions of the blocks fronting on Atlantic Avenue are predominantly residential in nature with units of both single family and multiple family designs. A large number of these are of relatively poor quality and require both minor and major repairs. A redevelopment strategy was put forth for the West Atlantic area in December 1988 and met with substantial citizen opposition. The strategy recommended acquisition and redevelopment of the entire area. Since this approach did not allow for the assimilation of existing businesses and housing into the program, it would have required massive displacement and relocation of primarily minority businesses and residents. This situation was clearly unacceptable to the residents of the area. In a counter proposal presented by the West Atlantic Property Owners' Association (WAPOA), it was recommended that redevelopment of the area be accomplished on a block-by-block basis and that commercial activity be generally limited to a depth of 300 feet from Atlantic Avenue rights-of-way. This strategy was accepted by the City 14 and included within the City's Comprehensive Plan as an interim measure to guide land use decision-making prior to the creation of the West Atlantic Redevelopment Plan. In 1993, the CRA organized the first phase of the planning effort for West Atlantic by inviting numerous community members to a series of organizational meetings to discuss the concept of developing a West Atlantic Avenue Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted in the organization of a larger community based Steering Committee of over 50 people. The initial charge of this Steering Committee was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as "Stakeholders" in the resulting process which was termed "Visions West Atlantic". "Visions West Atlantic" was a forum for a series of community meetings which ultimately produced recommendations concerning redevelopment issues for West Atlantic Avenue. These recommendations formed the backbone of the redevelopment plan, which was adopted by the City in 1995. The plan holds the commercial zoning to the 300' limit on most blocks. Building heights are limited to 48' with a preference expressed for two- and three-story buildings. A non-profit development corporation was created in 1998 called the West Atlantic Redevelopment Coalition, Inc. ("WARC"). The organization's Board consists of property owners and business owners in the West Atlantic corridor. WARC advises the CRA and the City on any matter pertaining to West Atlantic. WARC also markets and promotes the avenue by holding special events and contributing to festivals in the area through the Downtown Marketing Cooperative (DMC). In 2000 the CRA put out to bid 4.5 acres of land it had aggregated for redevelopment purposes. The successful bidder, Atlantic Grove Partners, consists of a partnership between a private development company (New Urban Communities) and two local non profit agencies (Delray CDC and TED Center). The resulting project consists of two 3-story buildings housing 20 condominium units and 46,000 sq. ft. of commercial space fronting Atlantic Avenue, with 55 townhouse units to the rear. The CRA provided subsidies so that 10 of the townhouses could be set aside for moderate income, first-time homeowners. In 2002 the City adopted the Downtown Delray Beach Master Plan. A major objective of the plan was the unification of East and West Atlantic into a seamless downtown. The plan called for the creation of a "gateway feature" at I-95 and West Atlantic to signify the entrance to the downtown at that location. It also provided for public plazas, pocket parks, and streetscape improvements along West Atlantic and NW/SW 5t" Avenues. Many facets of the plan are in the process of being implemented. In 2003 the CRA contracted with the engineering firm CH2MHill and Miami artist Gary Moore to develop a beautification plan for NW/SW 5t" Avenue. The streetscape design completed in 2006, which includes colorful rough terrazzo sidewalks and bronze inlays, was developed in concert with residents and business owners of the area, and reflects the history of the avenue and the adjacent neighborhoods. In June of 2004 the CRA contracted with the engineering firm of PBS&J and a team of local artists to design the Gateway Feature. The consultants held several workshops to obtain public input, and refined those ideas with the help of a focus group comprised of community leaders with expertise in the arts, construction, and/or design. In 2007, the design was endorsed by the CRA Board and City Commission, and final construction drawings are currently being prepared. Construction is anticipated to begin in 2009. The City and the CRA have invested substantially in the beautification of the West Atlantic Avenue corridor. In 1990, in order to improve the visual appearance of the corridor, the City developed a greenway program to landscape the vacant private lots fronting along the avenue. This program was very effective at improving the visual appearance of the corridor. 15 Additional beautification, including streetscape improvements with paver block sidewalks, landscape nodes and street lamps, were constructed in 2003 with CRA and TEA-21 funds. The initial phase improved the blocks between West 1St and 6t" Avenues. The beautification of the blocks between West 6t" and 12t" Avenues, is scheduled to begin in 2008. In addition, in 2005, the CRA purchased three blighted properties along the NW Stn Avenue corridor (82, 133 & 135 NW 5t" Avenue) with the intent to redevelop or renovate the buildings. Renovation of the building at 133 NW 5t" Avenue has been completed providing long term affordable rental housing for families. Renovation of the mixed-use building at 135 NW Stn Avenue will occur in 2008, providing long term affordable residential and commercial space. In March 2007, the RFP submitted by the Delray Beach Housing Authority was selected for the redevelopment of the property at 82 NW 5t" Avenue, which will house the authority's offices. A contract is currently being negotiated and construction is anticipated to begin in 2009. Maior Physical Features: • I-95 Interchange including landscaped mini-parks (future location of Gateway Feature). • City Administration Complex. • Delray Beach Public Library. • Fire Station Headquarters. • South County Courthouse. • City Police Headquarters. • South County Courthouse. • City Community Center. • Municipal Tennis Complex with Stadium. D. Sub Area #4:Northwest Neighborhood" This sub-area of approximately 250 acres is an area where many of the first African Americans pioneers settled. The area is primarily residential in nature containing approximately 643 dwelling units consisting largely of single family residences with some duplex and multiple family structures interspersed throughout. Building heights are limited to 35 feet but the majority of structures are single story. Overall, this area has seen an infusion of investment resulting in newer structures as well as renovations to historically significant structures. However, additional quality affordable housing and neighborhood improvements are needed. The housing stock in this area is generally in better condition than the neighborhoods in Sub-area #8 to the south. The historic West Settlers District lies between NW 3rd and NW Stn Avenues, between MLK, Jr. Boulevard and Atlantic Avenue. The CRA established the West Settlers Advisory Board to oversee planning efforts and grant activities aimed at preserving the remaining historic homes in the district. In addition, the CRA purchased the historic La France Hotel on NW 4t" Avenue to provide long term affordable senior housing. The building renovation and expansion were completed in 2007. The City and the CRA, in association with the nonprofit organization EPOCH, have restored the former home of Palm Beach County school principal Solomon D. Spady into a museum of African American history. Phase II of the museum, which includes construction of an amphitheater and renovation of a historic home to a children's activities center, is scheduled to begin in 2008. 16 In 1992, the CRA launched an affordable housing program in partnership with Palm Beach County, the City, the Community Financing Consortium, the TED Center, the Delray Beach CDC, and local builders. Through this program, The Renaissance Program, affordable single family homes were provided to income eligible first time homebuyers. The growth that Delray Beach has experienced in recent years has resulted from the redevelopment of the older neighborhoods as well as the influx of residents into new areas of the City. In order to provide and maintain an adequate supply of permanently affordable housing for families that work within the Delray Beach community, the CRA collaborated with the City and the Housing Authority to create the Delray Beach Community Land Trust (DBCLT) in 2006. Maior Physical Features: • Spady Elementary School • Pompey Park • Spady Museum • The Achievement Center for Children & Families • I-95 as western boundary E. Sub-Area #5: "North Federal Highway" This sub-area of approximately 205 acres is centered on the N. Federal Highway Corridor. The majority of the area was annexed to the City in 1988 as enclave #24. The City adopted a "Finding of Necessity" and the Community Redevelopment Area was amended in 1987 and 1989 to include most of this annexation area. The City paved streets and installed water and sewer service within the area in 1992. The remaining County enclaves, including the Delray Swap Shop, were annexed in 1994. In general, the properties fronting on Federal Highway are used for commercial purposes. For many years this frontage was utilized for strip commercial and auto-oriented uses with little sense of order. Buildings may be up to 48' in height but most development in the area is single story. Up until the mid to late 1990's there were many commercial structures that, due to age and obsolescence, were poorly maintained or abandoned, creating a negative economic impact and blighting influence on the entire area. Homes within the residential areas were generally in poor condition and undervalued compared to other eastern neighborhoods in the City. In 1996, a joint effort between the City of Delray Beach Planning Department and the CRA was launched to write a redevelopment plan for North Federal Highway. The plan called for creating a higher density (up to 18 units per acre) multi-family zoning district, an overlay district over a portion of the General Commercial which would allow, under special circumstances, light industrial uses, and a large beautification program. The residents in the area opposed the higher density components of the plan while the commercial interests largely supported it. The City and CRA revisited the plan in 1997. After a community wide planning charrette facilitated by the Treasure Coast Regional Planning Council, the provisions allowing for increased densities were eliminated, and in March of 1999 the City adopted the North Federal Highway Redevelopment Plan. In the years since the plan's adoption, several blighted buildings were demolished and/or redeveloped, including the old Miller Dodge dealership, Arrow Trailer Park, and the Delray Swap Shop, which has recently been demolished in anticipation of a mixed-use development that 17 includes a workforce housing component. Two new high-end residential developments, The Estuary and Old Palm Grove, have been constructed in the area between Federal Highway and the Intracoastal Waterway. These developments have increased the property values of the older adjacent neighborhoods, and are helping to provide a local customer base for businesses along the highway. There are still several aspects of the plan that need to be implemented, including connector streets, pocket parks, and beautification of the neighborhood streets. In February 2007, construction of the La Hacienda (pocket) Park was completed and plans are nearing completion for the beautification of Lake Avenues North and South, within the La Hacienda neighborhood. Construction is anticipated in 2008. Maior Physical Features: • Intracoastal Waterway as eastern Boundary for a part of the area. • Acts as a northern "gateway" to the city. • The F.E.C. Railroad is the western boundary for the area. • U.S. 1 runs as a "spine" through this sub-area. • Increasing residential development. • Several automobile dealers and used car lots. F. Sub-Area #6: "Northeast Neighborhood " This sub-area of approximately 260 acres is primarily situated between N.E. 2nd Avenue/Seacrest Boulevard and the F.E.C. Railway, north of 4th street. A portion of the area, located south of N.E. 8th Street is within the Del-Ida Historic District. In general, the overall sub- area is residential in nature; however, some low intensity professional office development is clustered within the southernmost portion and there is a small industrial zone located in the northeast corner. Building heights are limited to 35 feet but most development is single story. One public school (Plumosa Elementary) is located within the area; however the School District has plans to redevelop a portion of the former Atlantic High school site to accommodate an arts- related K-8 grade program, which would then replace Plumosa. Construction of aCity-funded soccer complex on the easterly portion of the former Atlantic High School site is anticipated in 2008. There are approximately 760 residential units within the area, consisting of single family, duplex and multiple family structures. Although the overall housing conditions are good, there are many structures throughout the area in need of major and minor repairs. The worst physical conditions in the area occur in several multi-family buildings on N.E 3rd Avenue, immediately adjacent to the railway. Most of the area has been identified as in need of stabilization and revitalization in the City's Comprehensive Plan. In 1997, the City Planning Department, the CRA, and two homeowner associations met over cone-year period to devise the Seacrest/Del Ida Neighborhood Redevelopment Plan. The planning effort was one in which local government and residents successfully planned together in order to create a strategy to improve their neighborhood. The Plan resulted in the pledge by the public sector (CRA and City) to expend over $2 million, and the residents, through a property assessment district, to expend $1 million, for street improvements, construction of parking lots, beautification and a grant program. Most of the improvements have been implemented, including traffic calming, landscaping of the railroad corridor, drainage improvements, parking lots, tot lot, and establishment of grant programs for duplex conversions and beautification. In order to promote owner-occupancy and stabilization of the area, several blocks were rezoned so that multi-family development would no longer be possible. 18 Maior Physical Features: • The F.E.C. Railroad. • Former Atlantic High School site. • Plumosa Elementary School. • Seacrest Christian School and Church. • Del-Ida Professional Office District. • N.E. 2nd Avenue/Seacrest Blvd. • Gulfstream Boulevard. G. Sub-Area #7: "Osceola Park" This Sub-Area of approximately 170 acres is generally situated between Federal Highway and the F.E.C. Railroad, south of the CBD. The Federal Highway frontage contains a mixture of low intensity commercial uses and auto related businesses. There is additional commercial/light industrial development adjacent to the railroad in the northwest section of the area. The central and southern portions of the area are single family residential in nature. The overall condition of housing is generally good south of SE 6th street, although there are many structures in need of maintenance and minor repairs. The northern portion of the sub-area (between SE 2nd St. and SE 5th St.) contains the structures in the poorest condition. This area has sandwiched a small area of residential development between deteriorating commercial land uses. This portion of the sub-area has been designated a redevelopment area in the City's Comprehensive Plan. Building heights are limited to 35' for the residentially zoned areas and 48'- 60' in the commercially zoned sections. In 1998, the CRA and City agreed, along with the Osceola Homeowners' Association, to create a neighborhood plan to stabilize and improve the area. The City and CRA, with a grant from the State, conducted an historic building survey. On December 6, 2004, the City adopted the Osceola Park Redevelopment Plan, which will be jointly implemented by the City and CRA. The construction drawings have been completed and construction is anticipated to begin in 2008. Maior Physical Features: • F.E.C. Railroad. • Currie Commons Park. • Federal Highway Corridor. H. Sub Area #8: "Southwest Neighborhood" This sub-area of approximately 556 acres in conjunction with the Sub-Area #4 (Northwest Neighborhood) contains the majority of the City's minority population. The area is primarily residential in nature containing approximately 1,867 dwelling units consisting primarily of single story single family residences with duplex and multiple family structures interspersed throughout, but concentrated primarily in the areas just south of Atlantic Avenue. The public school within the area is the recently completed Village Academy campus serving grades K-12. 19 Other major institutional uses include the recently renovated Catherine Strong Park, the City's Public Works Complex and the Cemetery. In addition, this Sub-area consists of a light industrial area adjacent to I-95 and SW 10t" Street (southwest corner), and two small areas zoned for office. The area immediately south of 10th Street, outside the CRA boundary, is light industrial in nature and sets the tone for this portion of 10th Street. Building heights are limited to 35' for the residentially and office zoned areas, and 48' for industrial and community facilities zoned areas. It is important to note that the light industrial portion of the sub-area is located within the impact area of the City's Series 20 well field. Any development or redevelopment in this area will be strictly regulated to ensure it does not degrade the City's potable water supply. This Sub-area was addressed in the Southwest Area Neighborhood Redevelopment Plan, acitizen-driven plan that was adopted by the City in 2003. Overall, this area contains the bulk of the older, poorer quality housing within the city. The depressed economic status of a majority of the area's residents has made it difficult to provide adequate maintenance of housing units within the neighborhood. As a result, a substantial number of structures are in need of major repairs and rehabilitation. The plan calls for the revitalization and stabilization of the neighborhoods through street beautification, housing upgrades, pocket parks, and improvements to recreational and service facilities in the area. The plan also calls for the establishment of an inventory of affordable housing to ensure that existing residents will not be priced out of the neighborhood once the redevelopment takes hold. One of the largest affordable housing developments in the City, "Auburn Trace", is located within the Southwest area. This 256 unit housing project was accomplished to provide affordable housing through a public/private cooperative effort. Another affordable housing project within the area is Allamanda Gardens, a 36 unit single family subdivision that was developed with County and City financial contributions. More recently, Swinton Gardens, an 11- unit affordable single family subdivision, was developed by the City at the northwest corner of Swinton Avenue and SW 10t', Street. The City's only public housing project, "Carver Estates" was located within the southern section of the area. This 200 unit development provided housing for the City's poorest residents for approximately two decades. However, it was found to have structural problems of such a severe nature that it would be more economical to replace the units than to repair them. In 2005, the Housing Authority issued an RFP to redevelop the property, possibly as a combined renter and owner occupied development. The proposal submitted by the owners of Auburn Trace was selected to redevelop the Carver Estates site. The proposal also includes redevelopment of the adjacent Auburn Trace site resulting in the replacement of the existing 456 units with approximately 1,000 dwelling units including over 300 workforce housing units. In 2005, the CRA began acquiring two blocks of single family properties (20 lots total) in the Carver Square subdivision, pursuant to an acquisition plan that was approved by the CRA Board. The properties were the site of a former dumping area, and most of the houses that had been constructed on the lots have experienced significant structural damage due to major settlement of the soil. The CRA's plan for the area included resident relocation, demolition of the remaining structures, remediation of the soil conditions, stabilization of the site, and construction of new single family affordable housing. Acquisition and relocation of the residents as well as demolition of the structures has been completed. Soil remediation is scheduled to be completed in 2008. 20 Maior Physical Features: • Allamanda Gardens & Carver Square Subdivisions. • Auburn Trace Housing Development. • Catherine Strong Center. • Delray Full Service Center. • Village Academy. • Carver Estates. • City Public Works Complex. • I-95 as the western boundary of the area. • Series 20 wellfield in area. • Municipal Cemetery. 21 PART THREE: ANALYSIS PROBLEMS AND NEEDS WITHIN GEOGRAPHIC SUB-AREAS The purpose of this section of the plan is to provide a list of problems and needs identified within each of the geographic sub-areas of the Community Redevelopment Area. These items are then addressed within the Community Redevelopment Plan through sub-area redevelopment strategies which include the implementation of specific programs and projects of the Community Redevelopment Agency, the City of Delray Beach or other governmental agencies operating within the Community Redevelopment Area. A. Sub Area #1: "The Beach District" Problems • Existing business mix limits the marketability of the area. • Lack of parking. • Development pattern places many businesses too far back from the street to be convenient to pedestrians. • Pedestrian safety is an issue, especially at the intersection of A-1-A and Atlantic Avenue. Needs • Increase potential for new mixed-use commercial development that fronts the street. • Increase nighttime activity (i.e. theatre, entertainment) beyond dinner. • Coordinated marketing strategy for Beach Area, Central Core and West Atlantic Area. • Increased economic stimulation through private investment. • Improved public transportation system, including the downtown shuttle. • More parking to accommodate the increase in business and residential use. • Improvements to the pedestrian system to enhance public safety. B. Sub-Area #2: "Central Core" Problems • Lack of user friendly parking system. • US1 corridor designed for speeds that are too high for downtown area, and it lacks aesthetic appeal. • Downtown bypass system of one-way pairs impedes convenient traffic flow. • Business mix does not include large scale employers. 22 Needs • Improved mass transit system. • More parking and parking that is better located to serve all areas. • Traffic calming and beautification on Federal Highway pairs. • Conversion of one-way bypass pairs (SE and NE 1St Streets) to two-way traffic. • Mix of uses that include more office and retail uses to attract an employment base and shoppers. • Expand employment opportunities to include larger-scale employers. C. Sub-Area #3: "West Atlantic Avenue Neighborhood" Problems • Some areas along West Atlantic Avenue (frontage) present a poor visual image. • The area is seen as neglected by the residents. • Lack of substantial private investment in new development in the area. • Area contains vacant and under-utilized property. • Insufficient number of shops and services to serve the surrounding neighborhood. • Lack of employment base in close proximity to residents. • Perceived high crime rate on West Atlantic Avenue is a deterrent to shoppers, tenants, and investors. • Some buildings sited as strip commercial and have curb cuts on West Atlantic Avenue. Needs • Provide a positive image at this entrance to the city center. • Foster positive attitudes toward redevelopment efforts through continued incorporation of maximum citizen participation into the planning process. • Provide employment opportunities for the residents of surrounding neighborhoods. • Provide for increased opportunities for minority business ownership in the area. • Provide for adequate neighborhood commercial shopping opportunities for the surrounding neighborhoods. • Increase pedestrian activity. • Have housing and mixed-use buildings to provide new consumers to the area • Improve the pedestrian relationship of the Courthouse with other uses on West Atlantic Avenue. • Continued beautification of West Atlantic Avenue and side streets. 23 D. Sub-Area #4: "Northwest Neighborhood" Problems • A substantial number of housing units are in need of repair and rehabilitation. • Title issues prevent the purchase and redevelopment of a number of vacant lots within the area. • Parts of the overall area are visually blighted. • There is considerable trash and debris on both vacant lots and occupied property within the area, especially within the blocks closest to Atlantic Avenue. • Landscaping is insufficient and not well maintained. • Lack of sidewalks prevents linkage to commercial area. • Poor maintenance of rental properties creates blighted appearance and code enforcement issues. • Escalating land values have decreased the supply of affordable housing. Needs • New housing construction is needed to eliminate the large number of vacant lots within the area. • Existing good-quality affordable housing needs to be protected. • The area needs additional landscaping and better maintenance of existing landscaping. • Additional sidewalks are needed to keep people, (especially children), from walking in the street and to enable residents to walk to work and shopping. • Pocket parks should be provided. • Financial assistance should be made available to assist in the renovations and upgrades of buildings. • Alleys should be paved when possible to discourage back-out parking onto streets. E. Sub-Area #5: "North Federal Highway" Problems • Large vacant tracts, vacant buildings, and marginal businesses detract from the overall appearance. • Housing in the neighborhoods off of Federal Highway is in need of maintenance and upgrades. • Neighborhoods are in need of signage and streetscape enhancements. • Limited roadway connections between Federal and Dixie Highways. 24 Needs • Continue to improve the visual appearance of the corridor. • Need to stabilize the residential neighborhoods to prevent further deterioration. • Need to improve overall condition of older housing stock. • Need to upgrade commercial development to existing code standards. • Need to beautify George Bush Blvd./US1 intersection. • Additional street connection between Federal and Dixie Highways. F. Sub-Area #6: "Seacrest/Del-Ida Neighborhoods" Problems • Some rental housing structures throughout the area still require maintenance and repairs due to their poor condition. Needs • The area needs support in its continued effort to maintain private investment. • The area needs to be protected from decline due to lack of maintenance and repair. • Rental property is in need of improvement. • Home ownership efforts must be encouraged. G. Sub-Area #7: "Osceola Park" Problems • Northern portion of the area contains residential properties sandwiched between commercial land uses. • Light industrial uses consist primarily of low investment, high turnover businesses. • Many structures within the area are in need of maintenance and repair. • Much of the area is located within a well field protection zone which limits the type of commercial and industrial redevelopment. • The area has lost its stature as a quality housing area. • The area is significantly impacted by cut through traffic as motorists look to bypass downtown traffic. Needs • Area needs to be protected from further decline due to blighting influences and lack of maintenance and repair. • City's eastern water well field needs to be protected. 25 • Federal Highway corridor needs to be beautified as the southern approach to the downtown. • Area needs higher proportion of owner occupancy. • Area is in need of traffic calming efforts. • Alleys should be paved to improve traffic circulation and access. H. Sub-Area #8: "Southwest Neighborhood" Problems • A substantial number of housing units are in need of repair and rehabilitation. • Public housing project (Carver Estates) needs to be replaced. • Title issues prevent the purchase and redevelopment of a number of vacant lots within the area. • Parts of the area are visually blighted. • There is considerable trash and debris on both vacant lots and occupied property within the area, especially on the blocks closest to Atlantic Avenue. • Network of streets and alleys is not complete and some roadways are in need of repair. • Back-out parking onto streets creates a traffic hazard. • Landscaping is insufficient and not well maintained. • Lack of sidewalks prevents linkage to commercial area. • Some areas lack drainage. • Poor maintenance of rental properties creates blighted appearance and code enforcement issues. • Escalating land values have increased the pressure to create affordable housing. • Southwest portion of the area is located within a well field protection zone which limits the type of commercial and industrial redevelopment. • Much of the light industrial development is not built to current development standards. • Substantial amount of trash and debris within the vacant property and industrial area. • Landscaping in the industrial portion of the area is insufficient. Needs • New housing construction is needed to eliminate the large number of vacant lots within the area. • Existing good-quality affordable housing needs to be protected. • The area needs additional landscaping and better maintenance of existing landscaping. 26 • Additional sidewalks are needed to keep people, (especially children), from walking in the street and to enable residents to walk to work and shopping. • Pocket parks should be provided. • Financial assistance should be made available to assist in the renovations and upgrades of buildings. • Alleys should be paved when possible to discourage back-out parking onto streets. • Need to protect the city's water wells. • Need to upgrade and maintain the existing light industrial. • Improved code enforcement. II. OVERALL NEEDS WITHIN THE COMMUNITY REDEVELOPMENT AREA As opposed to specific needs identified within the various sub-areas of the Community Redevelopment Area, these "Overall Needs" are area wide in scope and encompass some of the more serious problems that are prevalent throughout the area and contribute to the overall state of decline. A. Removal of Slum and Blight The Community Redevelopment Area contains a substantial number of areas with deteriorated and deteriorating structures that are a detriment to the health, safety or welfare of area residents. The existence of these slum and blighted conditions contribute to the spread of disease and crime, decrease the tax base and substantially impair or hinder sound growth. The major charge of the Community Redevelopment Agency is the consistent removal of these conditions while subsequently preserving and enhancing the tax base of the Community Redevelopment Area. The CRA continues to acquire blighted properties and assemble properties to encourage their redevelopment, primarily by the private sector. The CRA has issued Requests for Proposals (RFPs) to sell properties it has acquired for redevelopment purposes, resulting in new commercial and housing opportunities in the district. The CRA has also purchased blighted residential buildings and upgraded them for use as long term affordable housing units. The CRA has also provided financial incentives to encourage upgrades to existing properties. In 1990, the CRA initiated the Subsidized Loan Program as an impetus for both residential and commercial improvements throughout the district. The program subsidized the interest paid by property owners who borrowed money from local financial institutions to improve their properties. The program was eventually discontinued and replaced by other programs that provide direct assistance for property upgrades, such as the Site Assistance Program, the Facade Improvement Program, the Paint-Up Program, and the Curb Appeal Program, all of which have helped to stimulate private reinvestment in structures within the district. B. Land Use Delray Beach is primarily a residential community. Land uses within the City should be balanced so that the commercial, recreational and public service needs of its residents can be conveniently provided within the community. The Community Redevelopment Area contains a concentration of the city's poorer, less mobile populations, who are very dependent upon 27 convenience, commercial and recreational facilities within their neighborhoods. There is a potential for redevelopment efforts to eliminate some of these facilities in favor of higher cost development. Several of the area-wide and neighborhood plans that have been adopted within the CRA district reinforce the importance of attracting neighborhood businesses and services in close proximity to the residential areas. The CRA is committed to implementing those plans and the direction in order to ensure that adequate facilities remain available to meet the needs of area residents. This will be accomplished through incentive programs that encourage small business development, provide capital for job creation, and make funds available for renovating or expanding neighborhood businesses. The CRA is also making a substantial investment in street beautification and lighting to help attract customers to the redevelopment areas. At the same time, in order to strengthen the residential areas, the CRA is committed to implementing the projects outlined in many of the adopted neighborhood plans, such as street beautification, affordable housing programs, and traffic calming measures. C. Economic Development The city's survival as a governmental entity is dependent upon the generation of adequate tax revenues to meet the service needs of its residents. Projects that increase the overall marketability of the city as a commercial, recreational and residential area will ultimately increase the tax base. Slum and blight have a negative impact on the tax base of the city and are self- propagating. Although there is often a tendency to focus on individual redevelopment projects at the expense of resolving underlying problems in order to set the stage for redevelopment, the existing and planned CRA projects and programs stress the importance of both. The success of this community redevelopment effort is largely dependent upon the economic vitality of the area. The CRA's programs aimed at the elimination of slum and blighted conditions and improving the standard of living of its residents are intended to be catalysts for the revitalization of the entire area. Additional projects aimed at increasing job growth and generating pedestrian activity in the downtown complement the process by focusing on some of the underlying problems that originally resulted in slum and blighted conditions. The CRA is committed to promoting economic development activities through its business development and site improvement grants, land assembly efforts which make larger sites available for redevelopment purposes, and support of Chamber of Commerce and DDA programs such as the cluster study and business recruitment program. D. Affordable Housing In today's economic climate, a major problem for local government is the provision of sufficient affordable housing to meet the needs of its current and projected population. In general, the housing delivery system is driven by the private sector, which is a market driven system. The South Florida area has become an increasingly popular destination and the strong demand for housing has driven prices significantly upward, so that every city in Palm Beach County is struggling with the affordability issue. While the market has softened in recent months, prices are still beyond the reach of many households. Pressure remains on government to ensure that there is an adequate supply of housing to serve people of limited means. Local government can have an effect on the housing delivery process in a number of ways, such as by maintaining an adequate supply of buildable land, providing incentives and density bonuses to builders who create affordable housing, participating in the costs of infrastructure, reducing impact and other fees, or by taking an active role through actual construction and sale of housing units. 28 In conjunction with the adoption of the Downtown Master Plan the CRA examined the issue of housing affordability with a citizen's committee that was charged with researching possible alternatives and programs. The committee's priority recommendation to help mitigate the pressure on housing prices was the establishment of a Community Land Trust (CLT) which would keep the resale cost of units owned by the trust below market value. The CRA hired a consultant in CLTs to help establish one locally, and worked with the City, the Delray Beach Housing Authority, and community leaders to establish the Delray Beach Community Land Trust (DBCLT). The CRA provides operating funds to the DBCLT, and both the CRA and City have donated land to the program for new, long-term affordable housing. The CRA also worked with City staff and officials to create the Family Workforce Housing Ordinance, which provides density bonuses to developers who provide affordable housing. The role of the CRA in this process has been and will continue to be one of active participation. Through programs that improve the overall area, provide financial opportunities to area residents to improve their living conditions, or by creating incentives for additional private investment in the area, the CRA has encouraged the improvement of existing housing throughout the district as well as the creation of new affordable units. E. Downtown Housing The survival of retail in the downtown is directly linked to the number of local consumers supporting the market. Downtown housing comes in different forms, single-family housing, town homes, apartments, and condominiums. Successfully renewed downtowns have the important element of housing, particularly housing for young professionals, young retirees, and downtown employees. These residents become strong supporters of local businesses and, in turn, local businesses are able to improve and expand their goods and services. In recent years the downtown has seen a surge in growth in downtown housing projects, which has begun to address the lack of this important downtown element. The CRA has supported changes in the City's Land Development Regulations which have encouraged the establishment of new residential housing in the CBD areas. In addition, downtown housing was a major component in two redevelopment projects that were part of CRA-issued RFPs: Worthing Place and Atlantic Grove. Continued growth in downtown housing will help ensure that a strong downtown providing varied products and services can be enjoyed by all of the residents of the City. These improvements will provide the stimulus and sustainability that the downtown needs to maintain its vitality. Town Square 29 Atlantic Grove F. Infrastructure The provision of support infrastructure and community services is primarily the responsibility of the City. However, the CRA has committed to funding part or all of several infrastructure projects that are called for in many of the adopted redevelopment and neighborhood plans. These improvements include modifications to the traffic circulation system, pedestrian safety enhancements, streetscape projects, and the provision of parking. Parking is an important infrastructure improvement that is a requirement for successful downtowns. Other infrastructure improvements may be used by the CRA as incentives to secure private sector redevelopment. G. Recreation and Cultural Facilities The CRA is involved in numerous projects that will expand and enhance recreation and cultural facilities in the district. The CRA facilitated the expansion of the Old School Square campus onto the parking lot that the agency previously owned, and participated in funding the construction of the parking garage to replace the spaces in the lot. The CRA also committed to funding some of Old School`s operational costs, in order to ensure that the facility can keep user fees low for nonprofits and community groups. The CRA has also committed substantial funding to establish the S.D. Spady Cultural Arts Museum (photo to the left), which focuses on the history of African Americans in South Florida. The CRA also provides ongoing administrative assistance to the museum to provide programs and exhibits that attract visitors to this redeveloping area of NW 5t" Avenue. The CRA helped pay off debt service for the establishment of the tennis stadium at the downtown Tennis Center. This facility has hosted major tournaments and generated a great deal of economic activity for downtown restaurants, shops, and hotels. The CRA also contributed funding for the establishment of the new public library in the 100 block of the south side of West Atlantic Avenue. The relocation of this facility to West Atlantic area has been a major catalyst to the redevelopment of the western edge of the downtown, as it attracts more people and activities to venture west of Swinton Avenue. The library is run by a nonprofit board and depends heavily on public funds and private donations. Recent reductions in property tax revenues led the City to cut back on its funding, and the library proposed significant reductions in operating hours and services to adjust to the shortfall. In order to ensure that the facility maintains its former level of activity the CRA agreed to provide the additional funding that is needed for ongoing operations. The CRA is also working with the City on the provision of pocket parks and public plazas as called for in the Downtown Master Plan and the Southwest Neighborhood Plan. These facilities, along with the planned recreational program identified the City's recreation master plan, will be adequate to meet the needs of area residents. III. MARKET CONDITIONS AND DEVELOPMENT POTENTIAL Between 1990 and 2000, Palm Beach County experienced a growth rate of 31.1 % with a net population increase of 267,800 people. In addition to the resident population of 1,131,184 people, an additional 123,725 people make Palm Beach County a seasonal destination. Delray Beach grew 27.2% from 1990 to 2000, adding almost 13,000 to its ranks to swell past the 60,000 mark. By 2005 the population was close to 65,000. It is estimated that an additional 7,600 people call Delray Beach "home" seasonally. As the downtown continues with its physical 30 improvements and business expansion programs, the district is expected to draw increasing numbers of visitors. Palm Beach County reported increasing visitor expenditures in 1999-2000 from $1.5 billion to $1.54 billion. During these years, there were 4.3 million visitors to the county. East Delray Beach, (east of I-95) is expected to grow as older areas of the City of Delray Beach continue to be redeveloped. The "eastward ho" movement is also still alive and well as more and more of the downtown development is geared toward an urban setting with urban amenities. The live, work, play model has become increasingly popular, replacing the suburban model which is reflective of an earlier time. Delray Beach's community visioning processes of the 1980's and 1990's helped to encourage that trend to take hold in the downtown, and was further reinforced in the 2002 Downtown Delray Beach Master Plan. A. Office Potential The demand for office space is related to the creation of new businesses as well as to the desire among existing expanding businesses to "move-up" to newer or better office space. A market for large scale office space has been slow to develop within the CRA District, particularly the downtown area. A market does exist within the CRA district for smaller professional office space to serve legal, medical, financial, real estate, computer technology, and related businesses. Due in part to the large retirement population east of the Intracoastal Waterway demand for medical office space within the Community Redevelopment Area has been fairly strong. Similarly, there is also a demand for other professional office space including legal offices. Such users prefer smaller scale personalized and affordable buildings prevalent in mixed-use downtown areas. A number of historic residential structures in the OSSHAD and Del- Ida historic districts have been renovated and converted to office uses. The South County Courthouse is currently undergoing an expansion that will nearly double its size and may increase the possibility for jury trials to be held in the area. This would lead to a greater market potential for legal office space, particularly in the West Atlantic Avenue area. B. Hotel Development Potential Within the Community Redevelopment Area the largest and most modern hotel is the 250 room Marriott Hotel on the northwest corner of Atlantic Avenue and Ocean Boulevard. At present, the market for this hotel is balanced with business travelers and tourists. Other hotels in the area include the Courtyards by Marriott, the historic Colony Hotel, Crane's Beach House, and the Sundy House, all of which account for an additional 231 hotel rooms. Redevelopment efforts within the downtown area, aimed at increasing the tourism potential, have resulted in a demand for additional hotel rooms. New hotels under construction or in the planning stages include the Seagate Hotel which is being relocated from A-1-A to East Atlantic Avenue, as well as a new hotel to be located on SE 5t" Avenue on property owned by the CRA and City (known as the Old Library Site). C. Industrial Development Potential When the City of Delray Beach was founded, a major means for the shipment of goods to and from northern markets was the railroad. Hence, the Central Business District of the City logically developed around the railroad line. The railroad is not; however, without its negative impacts (e.g. noise, & vibration), particularly on low intensity development. The City formed the CBD Industrial Area Committee in 1994 to evaluate the problem and recommend a solution. 31 Data was collected for the area including land use, building areas, existing parking, and employment. Based upon the data and upon the characteristics of the area, the committee developed a new zoning district, entitled Central Business District-Railroad Corridor (CDB-RC). This district, established in 1995, more accurately defines the boundaries of the area, expands the list of permitted uses and includes several special regulations dealing with overhead garage doors and outside storage. It is noted that in recent years several residential projects were established in proximity to the railroad, replacing the former light industrial type uses. With new soundproofing technologies the noise from the trains is no longer a significant deterrent to people considering an apartment or condominium near the tracks. Another area of the CRA which has the potential for additional industrial development is the Interstate 95/SW 10th Street area. This area, located in the southwest corner of the Community Redevelopment Area, contains a mix of light industrial and commercial land uses together with a large cemetery and a single family residential neighborhood. It is important to note; however, that the proximity of the City's Series 20 Wellfield makes it imperative that development of this area be restricted to clean industries which are non-impacting on the wellfield. A third area in which industrial development may be a potential is the area on North Federal Highway bounded by NE 14th Street on the south, Dixie Highway on the west, Federal Highway on the east, and the City limit line shared with Boynton Beach on the north. The area, zoned General Commercial, was granted an overlay district in 1997 by the City Commission which allows light industrial uses if the user includes a showroom facing Federal Highway. D. Residential Development Potential Key opportunities for housing development relate to the availability of vacant land parcels within the older residential neighborhood. Additional opportunities still exist for private development of both subsidized and non-subsidized infill housing. Changes in the Comprehensive Plan relating to density offer new residential housing opportunities in some of the City's more distressed neighborhoods. The Southwest Neighborhood Plan recommended a series of changes to the regulations to allow increased densities for affordable housing, most of which have been implemented. In addition to the need for housing to serve the needs of low-moderate income households, there is also an opportunity to attract younger upwardly mobile households within and adjacent to a revitalizing downtown area. The high occupancy rates of multi-family residential units in such locations as Coconut Grove, South Beach (Miami Beach), and Mizner Park, as well as the popularity of the Atlantic Grove project on West Atlantic Avenue and various town home projects on North and South Federal Highway, indicate that a segment of the market at a wide range of prices is attracted to residential environments that combine housing and commercial uses in a "village-like" ambiance. E. Retail Potential /Downtown Market Study In order to better assess the potential for commercial and residential growth in the downtown area, a market analysis was commissioned as part of the Downtown Plan. The study was conducted by Marketek, Inc. of Atlanta, Georgia. Marketek had prepared similar studies for the City's West Atlantic and Pineapple Grove districts in the mid-1990s. The Downtown Plan study included those areas, as well as the Central Core and the Beach Business districts. In 2005 the Downtown Development Authority contracted with H. Blount Hunter Research for a study (funded partly by the CRA) to refine the market analysis with the development of a retail 32 strategy for the various "clusters" in the downtown. The following information is derived from those market studies. Delray Beach has drawn upon its artistic characteristics and charm to attract retail establishments offering a more "holistic" shopping experience. Customers are offered a charming shopping experience, unhurried, and un-hassled as they stroll the avenue seeking unique items for gifts or their own personal use. The market for luxury goods continues to grow at unbridled rates. Delray Beach retailers continue to be leaders in this segment of the market. Shoppers seeking specialty items reflecting either cutting edge trends or just old fashioned service find Delray popular as a stand alone shopping region. Shoppers drawn to Delray Beach come from throughout the tri-county area seeking the city as a "destination" shopping area. A critical component of the continued economic revitalization of downtown Delray Beach is the creation of a unified district with complementary businesses that benefit from each other's sales, customers and markets. The primary vehicle for developing unified groups of stores and businesses is clustering -creating mutual advantages in terms of pedestrian flow and shared markets between businesses. Educating business owners, property owners and real estate professionals about the importance of using this management tool is critical. Underlying a successful cluster plan for the study area are the assumptions that downtown will remain amixed-use business district and that critical to its success will be increasing the number and variety of business types that will appeal to and attract target markets. First-floor space should be reserved for retail and related service businesses. Prime retail apace should be identified and reserved for restaurants, retail and related service businesses. Office and residential uses should be located in upper-level space or on side streets near retail corridors. Unique, specialty merchandise should be the focus of retail expansion for the downtown district. In particular, a range of merchandise that appeals to multiple customer markets (visitors, local residents and daytime workers) will have the greatest long-term viability. The Downtown Delray Beach area has been defined into eight clusters. Redevelopment opportunities are identified for each of the eight clusters based on existing uses and attractions, identifiable linkages among existing businesses, potential pedestrian flow and business opportunities identified through the retail and residential market analysis. CLUSTER 1 -WEST ATLANTIC COMMUNITY CLUSTER West Atlantic corridor from I-95 to NW/SW 6t" Avenue, between NW and SW 1St Streets. Entering downtown Delray Beach from I-95, Cluster 1 provides the first glimpses of downtown. Aesthetically, the portion of West Atlantic Avenue within Cluster 1 lacks appeal. Large tracts of vacant land, vacant buildings, unkempt storefronts, afour-lane road, inconsistent sidewalks, wide parking lanes and an unrelated mix of businesses inhibit the district's drawing power. Major businesses within this area include numerous beauty-related (barber, stylist, nails), auto-related (gas stations, body repair/paint), convenience stores, a meat market and a funeral home. Few West Atlantic residents interviewed for the Marketek study indicated that they regularly shop or conduct businesses at these establishments due to a lack of selection/quality of goods and services. As part of the West Atlantic Beautification project, NW 2nd through NW 6t" Avenue was improved with widened paver brick sidewalks, landscape nodes and street lighting. This project is to be continued from NW 6t" Avenue through NW 12t" Avenue in 2005 and 2006. As the primary gateway to Delray Beach, Cluster 1 offers visitors their first impression of downtown Delray Beach. It is crucial that this portion of West Atlantic Avenue be redeveloped 33 to give visitors-especially those traveling along I-95-a reason to enter downtown. A "Gateway" is currently being designed that would welcome visitors to the city and create a sense that there is a community or "village" ahead. New landscaping, lighting and sidewalks will provide aesthetic appeal and reduce the emphasis on the automobile. Apart from serving as an attractive gateway to downtown, Cluster 1 is ideally located to act as a community retail center with a mix of businesses that serve the needs of residents of neighborhoods to the north and south as well as other downtown residents. A variety of affordable goods and services targeted to residents as opposed to tourists are greatly needed in the area as well as entertainment options, especially for youths. The scale of new construction, fast moving traffic and displacement of existing businesses and residents are major concerns and should therefore be considered throughout the redevelopment process. Focusing on existing conditions and the expressed needs of the surrounding community, the retail strategy for Cluster 1 is summarized as follows: • Generate contemporary retail space with a mixed use development plan. • Focus on providing basic consumer goods and services for adjacent neighborhoods (i.e. small format grocery store, drugstore, bank). • Seek entrepreneurial services and retailers offering general merchandise targeting immediate neighborhoods. • Retain commercial corridor uses that are appropriate for this "gateway" location near I-95. CLUSTER 2 -TRANSITION CLUSTER West Atlantic corridor from NW 6th Avenue to Swinton Avenue. Cluster 2 is suitably named the "Transition Cluster" as development pushes westward from East Atlantic Avenue. West Atlantic Avenue, especially the area closest to Swinton Avenue, is the logical choice for expansion as space becomes increasingly scarce along East Atlantic Avenue. Access to I-95 and multiple target markets (e.g., daytime government workers, nearby residents) make Cluster 2 ideal for redevelopment. Many of Delray Beach's institutional anchors are located in Cluster 2, including the fire station, police station, library, courthouse and City Hall, as well as the Tennis Center, which is one of the city's major recreational anchors. As in Cluster 1, this portion of West Atlantic Avenue is not a compact shopping district with businesses scattered along the Avenue separated by parking lots and vacant lots. Apart from institutional anchors, West Atlantic businesses between NW/SW 6t" Avenue and Swinton Avenue include national chains (Dunkin Donuts, Checkers), restaurants (Ziree's, Sake Room, Doc's All American), offices and services. The construction of Atlantic Grove in 2004 (photo below) between NW 3"' Avenue and NW 5t" Avenue has helped to tie this cluster together. Atlantic Grove provides two solid blocks of first floor businesses that are a mix of restaurants, retail and service establishments accompanied by second floor professional space. The third floor loft residences and 55 townhomes at the rear provide a start at developing a downtown urban consumer base in this area. A mixed-use development on the southwest corner of Swinton Avenue and West Atlantic Avenue and the new public library adjacent to the courthouse between SW 1St and SW 2nd Avenue on West Atlantic Avenue help to tie 34 East Atlantic and West Atlantic together. To the north of West Atlantic Avenue between NW 3rd Street and NW 5t" Street is the West Settlers District, the area within which many of the African American families who helped settle Delray Beach lived. The S.D. Spady Cultural Arts Museum, the former home of S.D. Spady who was one of Delray Beach's most prominent African American citizens, is located on NW 5t" Street. The West Settlers District has become the center of African American cultural heritage in Delray Beach. As an area in transition, new development is already occurring within Cluster 2. However, infill space and marginal structures offer strong redevelopment opportunities. New residential and retail development, a growing awareness of the African American experience in Delray Beach and employees and visitors of institutional anchors make this area increasingly attractive to developers. Streetscape improvements, including paver brick sidewalks, street lighting and landscaping, and traffic calming measures have played and will continue to play a key role in transforming this area. The intersection of NW/SW 5th Avenue and West Atlantic Avenue is well located to act as the center of the West Atlantic community. The S.D. Spady Cultural Arts Museum, a new unique streetscape on NW/SW 5t" Avenue, a proposed public plaza at West Atlantic Avenue and SW 5t" and the Atlantic Grove project act together to create ideal conditions to spur new development and expand upon the community's cultural heritage theme. Due to its proximity to employees (e.g., government), surrounding neighborhoods, visitors of recreational and institutional anchors and "spill over" customers from Cluster 4 (many of whom are tourists), Cluster 2 can attract multiple markets. The retail strategy for this cluster is as follows: • Continue adding services and food uses in mixed-use buildings to serve nearby residents, employees, and patrons of institutions in this cluster. Anticipate additional demand for take-out food and casual cafes generated by office workers and patrons of nearby government buildings. CLUSTER 3 -PINEAPPLE GROVE CLUSTER Generally bounded by NW 1St Avenue on the west, the FEC Railroad on the east, NE 4t" Street on the north and the east/west alley just north of E. Atlantic Avenue on the south. Pineapple Grove is developing its own identity as an entertainment and cultural district, separate from Atlantic Avenue. The western portion of Cluster 3 (west of Pineapple Grove Way) has a strong residential character. Historic bungalows are scattered along the streets, some of which are being occupied as office space. Located in the center of the cluster and running north/south, Pineapple Grove Way is the commercial center of the cluster with a mix of convenience goods/services, specialty stores, restaurants and cultural activities. Former strip centers with parking along the street have been redeveloped into new urban style mixed use projects with storefronts facing the sidewalk and surface or structured parking located to the rear. The new public parking garage at Pineapple Grove Way and NE 1St Street provides ground floor commercial space along the streets and more than 500 public parking spaces. Entering Pineapple Grove Way from East Atlantic Avenue, visitors are greeted with a sign arching 35 over the street welcoming them to the community. Shortly beyond the welcome sign is the Ocean City Lumber Company, a development with a mix of office, retail and entertainment uses located on the east side of the street. The Lumber Company complex is an exemplary development that not only offers a variety of merchandise types and services (e.g., restaurants, music, photographic center, art gallery, Meisner Electric Company) but green space incorporated into the project is available for community events. Architecturally the project builds on one of the community's most significant historic themes -the railroad, and has provided a temporary site for the former FEC railroad station North on Pineapple Grove Way is a mix of established and new businesses, including the new City Place mixed use development, several restaurants, and a townhouse development under construction on the site of the former Publix Shopping Center. The retail strategy for Cluster 3 is described below: • Promote Pineapple Grove as a high profile destination. • Emphasize specialty boutiques and restaurants. • Emphasize a merchandising theme such as home/interior design. • Consider office uses on the ground floor of the new garage. • Create storefronts at strategic locations (corners, near building entrances, etc.) and allow some non-retail on ground floor (i.e. at the new garage) to avoid a glut of marginal retail space. • Encourage services on ground floor of mixed use buildings, as a convenience to residents. CLUSTER 4 -ENTERTAINMENT CLUSTER Includes properties fronting on E. Atlantic Avenue from Swinton Avenue to NE/SE 5th Avenue. Many of the businesses that contribute to Delray Beach's growing reputation as an entertainment center are concentrated in this cluster. In terms of density, aesthetics and quality of businesses, the transition from W. Atlantic Avenue to East Atlantic Ave. is immediate once crossing Swinton Ave where the road narrows to two lanes. The area is a walkable, compact shopping and entertainment district lined with sidewalk cafes, shops, service and office uses. The strong mix of retail and restaurants has created the winning formula for this area. Automobile traffic is congested throughout most of the year, intensified by the railroad crossing and drawbridge. The new parking garages surrounding this cluster should help alleviate this problem. The northwestern edge of this area is anchored by Old School Square, one of the community's most significant cultural resources. While several of the restaurants/cafes within Cluster 4 are oriented more toward tourists/seasonal residents and greater market area residents, rather than residents that live in the area immediately surrounding downtown, they have greatly contributed to the downtown's revitalization. Attracting casual lunch spots and specialty merchandise catering to multiple target groups (e.g.. tourists, year round/seasonal residents, downtown employees) would help promote daytime traffic in Cluster 4. The marketing strategy for this cluster is summarized as follows: 36 • Define this zone as the downtown's "high priority urban retail zone" to trigger specific attract "comparison goods" retailers to this part of the downtown. Broaden the mix of uses with hard goods and apparel (jewelry, luggage, books, etc). • Continue the theme of art and galleries without adding new restaurants -consider an arts walk. • Restrict ground floor uses to dining and active retail - no office uses. CLUSTER 5 - OSCEOLA PARK CLUSTER Generally bounded by the east/west alley south of E. Atlantic Avenue on the north, Swinton and SE 1St Avenues to the west, SE 4t" Street to the south, and the Intracoastal Waterway and SE 7t" Avenue to the east. Just south of Delray's most vibrant entertainment area, the Osceola Park Cluster is a mix of uses, with predominately office and retail uses in the northern half of the cluster and light industrial and residential uses in the southern half. Within the northern half of the cluster, commercial development from East Atlantic Avenue generally spills over at least to SE 2nd St. East of the railroad, the connection between East Atlantic Avenue and the area immediately to the south is stronger with a variety of retail and business services. The development of the Courtyards of Delray Beach and the proposed Worthing Place has fueled additional development in the surrounding area. The influence of the Haitian American community in Cluster 5 is evidenced by a variety of Haitian owned or operated retail, service and community establishment. Cluster 5 has several infill opportunities, particularly along SE 1St Avenue and SE 6t" Ave., including the CRA and City-owned properties at the former location of the library. One of the greatest weaknesses of the cluster is that it is not pedestrian friendly, especially along the one-way Federal Highway pairs. Also, the area surrounding the railroad is currently underutilized and visually distracting, although some new mixed use developments have recently been proposed and/or constructed in these areas. Residential development is ideally suited for much of the area two blocks south of East Atlantic Avenue. Positioned next to proposed shopping and entertainment uses, residents could easily walk to restaurants, stores, nightclubs, cultural activities, the Intracoastal and the beach. Retail and service uses that are related to businesses along East Atlantic Ave will help pull shoppers southward as well as serve residents of new housing in the area. Vacant land next to the railroad on SE 3rd Avenue is highly visible and should be redeveloped. In the southern portion of the cluster, which is more removed from Atlantic Avenue, recruitment efforts should focus on attracting stores that will act as "destination businesses," particularly along the Federal Highway pairs and should focus on building upon businesses already in the area. The retail strategy for this cluster includes: • Capitalize on the opportunity to redevelop the former library site with a mixed use development that includes retail and additional public parking. • Top retail use categories are women's and men's apparel, shoes, children's clothes and jewelry. • Professional office and residential uses. • Seek an entertainment venue such as cinemas or live music venues. 37 CLUSTER 6 -WEST OF THE INTRACOASTAL CLUSTER Includes properties fronting on E. Atlantic Avenue from NE/SE 5t" Avenue to the Intracoastal Waterway. Moving eastward on East Atlantic Avenue from NE/SE 5t" Avenue to the Intracoastal Waterway, pedestrian orientation weakens as East Atlantic Avenue opens back up to four lanes and buildings are predominately one story and, in some cases, set back from the street. One of the community's historic landmarks, the Colony Hotel (photo below), is located between the Federal Highway pairs and offers nighttime entertainment on its porch. Between NE/SE 6t" and 7t" Avenue there is a mix of businesses including a gasoline station, restaurants, specialty shops and several office/service uses. Office uses along the southwest portion of this block detract from its strength as a retail location. East of 7tn Avenue is Atlantic Plaza, a shopping center with a parking lot fronting on Atlantic Avenue. This plaza has significant potential for redevelopment as a mixed use project, with views of Veteran's Park and the Intracoastal Waterway. The portion of East Atlantic Avenue between 5t" Avenue and the Intracoastal is ideally suited to attract tourists, particularly as it is located between the Marriott and Colony Hotel. However, unlike the Entertainment Cluster to the west, Cluster 6 should be geared toward specialty retail that will appeal to tourists and local residents. The strategy for this area is summarized as follows: • This should be the heart of the "high priority urban retail zone" -the place to establish a critical mass of apparel retailing. Continue emphasis on retailing as opposed to restaurants-add up to 20,000 sq. ft. of apparel/shoes to create a destination node. • Restrict ground floor uses to dining and active retailing. • Re-organize or redevelop Atlantic Plaza to support comparison goods merchandising strategy. • Include the gas station at Atlantic Avenue and 6t" Avenue in a redevelopment opportunity. CLUSTER 7 -NORTH FEDERAL HIGHWAY CLUSTER Bounded by the FEC Railroad on the west, NE 4t" and 5t" Streets on the north, the north/south alley between NE 6th and 7t" Avenues on the east, and the east/west alley north of Atlantic Avenue on the south. Each day thousands of motorists travel within this cluster on the Federal Highway pairs. Similar to the area immediately to the south (Osceola Park), fast moving traffic along wide one- way roads with an absence of on-street parking strongly discourages pedestrian traffic. The high proportion of office uses just off East Atlantic Avenue discourages shoppers from the area. Therefore the few retail businesses in the area are less likely to attract shoppers from E. Atlantic Avenue. New residential development will encourage development throughout the area. The Federal Highway pairs present a strong opportunity for new development. There are several vacancies and infill opportunities. Office uses should be limited to upper story space or in areas other than in the retail core. In addition to office space, business support services such as printing services, graphic services and office supplies would be ideally located for Cluster 7. Retail and service establishments should appeal to employees and residents 38 living in newly developed downtown housing. The narrowing of the Federal Highway pairs and providing on-street parking is currently being considered as it would create a more livable and pedestrian friendly environment. The following strategy applies to Cluster 7: Concentrate on neighborhood retailing and services as well as auto-oriented uses. Encourage larger-scale retail uses • Continue transportation planning/traffic calming program. Recognize the role of this highway as an important gateway to the downtown. CLUSTER 8 - BEACHSIDE CLUSTER Includes area zoned CBD east of the Intracoastal Waterway to the Ocean Boulevard (S.R. A-1-A). While there are office and residential uses in this cluster, retail and restaurant uses along East Atlantic Avenue between the Intracoastal Waterway and the ocean, as well as the restaurants, hotels and shops along A-1-A cater largely to the tourist market. The area includes some older shopping center style developments that are set back from the street and have difficulty being accessed by pedestrians. One of those centers is currently being redeveloped as a new hotel. The Beachside Cluster's oceanfront location makes it one of the most popular areas of downtown. There are several businesses that appeal to both tourists and local markets. More of the same should be encouraged. Office uses, particularly at street level, should be discouraged. In addition, efforts should be made to alert traffic on A1A that they have arrived in downtown Delray Beach. The retail strategy for this area includes: Add additional retail with cross-over appeal among tourists and local residents. Consider a theme of outdoor sports retailing. Take steps to enhance the pedestrian character of this cluster and its connectivity to Cluster 6. • Limit the proliferation of "beach convenience shops" and ground floor office uses. IV. NEIGHBORHOOD IMPACTS OF REDEVELOPMENT EFFORTS The following section describes the potential impacts of redevelopment efforts on the residential neighborhoods of the Community Redevelopment Area and surrounding areas. While neighborhood impacts have been considered for the specific redevelopment actions recommended in this Plan, it should be noted that some of these projects are in the early stages of planning. Therefore, some impacts resulting from their implementation may as yet be undetermined. As these projects become more clearly defined, and additional impacts are identified, this section of the Plan will be amended. Other actions described in the Plan for subsequent years are subject to further refinement and elaboration in the intervening period and are consequently not included in the consideration of short range impacts. A. Relocation of Displaced Residents and Businesses Residential relocations are contemplated by this plan in connection with certain projects. In the event that existing or future CRA lead agency projects do require the relocation of residents, a relocation plan will be submitted as a component of the project package prior to official action on the project. It is also important to note that through the combined efforts of the 39 Community Redevelopment Agency, the City, and the private development community, the neighborhood housing stock will be expanded and thereby provide opportunities for the relocation of residents elsewhere in the neighborhood. The displacement of some existing businesses is contemplated with the majority of the planned redevelopment projects of the CRA. During the planning phase of each redevelopment project, the relocation of displaced businesses will be considered. To protect the residents within the Community Redevelopment Area, the CRA shall formally adopt a relocation policy containing procedures for relocation. When required by redevelopment actions, the relocation of residents within the Community Redevelopment Area will follow these procedures. Expenses and financial assistance required by these procedures shall become the responsibility of the Community Redevelopment Agency. Relocation Policy: Each Redevelopment Program adopted by the CRA which shall cause the temporary or permanent displacement of persons from housing facilities within the Community Redevelopment Area will contain an element and provision for the providing or replacement housing for such persons in decent, safe and sanitary dwelling accommodations within their means and without undue hardships to such families, which such relocation assistance shall include but not be limited to the following methods: All affected residents will receive a timely written notice of the CRA's intent to acquire their property. 2. The CRA will identify reasonable alternative housing opportunities for such displaced family which shall be reasonably comparable to the property being taken in size, price, rent and quality. 3. The CRA may provide moving expenses in a reasonable amount for each displaced family. 4. The CRA may elect to provide subsidies to displaced families in cases where suitable replacement housing, reasonably equivalent to the property being taken, is not available in order to make other replacement housing available within the displaced family's means. 5. The CRA may permit a former owner or tenant to occupy the property after acquisition for a period of time either with or without rent and any such rent charge shall not exceed the fair market rent for such occupancy; the fair market rent should comply with rent specified under Federal Regulations that are used in the Rent Subsidy Programs. 6. The CRA will endeavor to participate with the City of Delray Beach and the Delray Beach Housing Authority to provide priority assistance to eligible displaced persons under the Section-8 Rent Subsidy Program and Public Housing Occupancy, as well as other programs available through the City. B. Traffic Circulation The major redevelopment projects contained within this plan are generally adjacent to major transportation corridors and are not anticipated to degrade traffic circulation within the residential areas of the Community Redevelopment Area. One of the reasons why traffic circulation works well in the CRA district, and particularly within the downtown area, is the 40 existence of a comprehensive "grid" or network of streets. During the development of the Downtown Master Plan this grid was analyzed by the planning team under the direction of the Treasure Coast Regional Planning Council. The planners compared atwo-square mile area around Atlantic Avenue east of I-95 with atwo-square mile area west of I-95. They found that the grid system in the eastern area provides 66 travel lanes for vehicles to use, while the same sized area on the west side provides only 18 lanes for vehicular traffic. Thus, drivers in the east have many more choices of roads to use when moving throughout the area, instead of all of the cars being funneled onto two or three main roads. Another factor in the accommodation of traffic throughout the downtown has been the change in land uses that have occurred in recent years. The transition of uses along the Federal Highway pairs and the FEC corridor from commercial to residential or mixed use has had the effect of reducing potential trip generation. Projects that are designed to improve traffic circulation include the conversion of NE/SE 1St Streets from one-way to two-way traffic, paving of alleys within the neighborhoods, and the establishment of conveniently located parking facilities that encourage people to park and walk to their destination. Traffic calming and traffic connectivity are encouraged in the development process as more emphasis is placed upon the safety and comfort of pedestrians. The continued development and redevelopment of the compact downtown core will continue to encourage alternate means of transportation, particularly where employment and housing are within walking distance of each other. A major component of the redevelopment effort has been the provision of housing units within the downtown area where residents are able to walk or bicycle to shopping or to work. The establishment of mixed use projects outside of the downtown is also aimed at increasing economic vitality through the addition of employment or shopping opportunities. The close proximity of residential development to these projects will, as in the downtown, create opportunities for residents to walk or bicycle to work. In early 1995, the Florida Department of Transportation agreed to assist Delray Beach to establish a "Transportation Concurrency Exception Area (TCEA)". The TCEA includes the downtown area from I-95 to A-1-A. Establishment of this TCEA exempts new development and redevelopment in the area from being subject to the County's traffic concurrency requirements. This was an important tool for facilitating redevelopment, as there is little or no opportunity in the downtown to widen roads to accommodate increases in traffic. Although implementation of individual redevelopment projects may still require certain improvements or modifications to the existing roadway network, these localized impacts will be reviewed when specific project designs are undertaken. It is also recommended that architectural and site-specific design solutions be considered to mitigate potential traffic and parking impacts of specific projects on adjacent residential neighborhoods. C. Environmental Quality The redevelopment actions proposed in the Plan are intended to improve the environmental quality within the Redevelopment Area. Some of the projects that the CRA has undertaken or will undertake in the coming years involve sites that have environmental issues such as polluted groundwater. In 2006 the CRA purchased property at 805 West Atlantic Avenue that included a gas station and small store. The underground tanks had been removed and clean-up equipment was in place to clear ground water contamination located under the site and adjacent rights-of- way. The clean-up is being handled through a state funded program, and the CRA is working with the contractor to ensure its successful completion. Since acquiring the property, the buildings on the site have been demolished and a fence has been erected to secure the site and 41 conceal the equipment. The Carver square project involves the site of a former dumping ground, over which single family homes had been constructed in the 1970's and 1980's. Those homes began to experience severe structural damage due to the deterioration of organic materials buried on the site. The CRA worked with private contractors, the Department of Environmental Protection and the homeowners to have tests conducted of the soil and prepare a plan for relocating the residents. Over a period of approximately two years the CRA acquired 19 of the 20 affected lots (the City owned the remaining lot) and provided financial assistance for the relocation of twelve households (eight of the lots were vacant). The structures have been demolished and the soil remediation plan is underway under Florida's Brownfield Program to stabilize the sub-surface conditions and prepare the site for new affordable single family homes. Other projects funded and implemented by the CRA involve the elimination of substandard building and housing conditions that affect the physical environment of the district. The CRA has purchased numerous blighted or unsafe structures over the years for demolition or rehabilitation. The CRA also provides funding through its grant programs as an incentive to private property owners to upgrade structures and improve housing conditions. D. Availability of Community Facilities and Services Since the Community Redevelopment Area contains the oldest sections of the City, it has the availability of the full range of community services and facilities associated with urbanized areas. The City of Delray Beach has expended considerable funds on infrastructure improvements and beautification efforts. Additionally, in the 1990's the City has spent over 21 million dollars on public improvements through its Decade of Excellence bond program. The majority of the improvements funded by the bond are located within the Community Redevelopment Area and include several major drainage projects and the main Fire Station Headquarters. In 2004, the City of Delray Beach passed a Parks and Recreation Bond which focused on the acquisition of land for three new parks and the installation of a soccer complex to be built on the existing Atlantic High School site. Funding from the 2004 bonds has also been used to assist with the Old School Square expansion and the construction of a parking garage on that site. E. Effect on School Population With the relocation of the old Atlantic High School, at the present time there are four public schools within the Community Redevelopment Area and one school, Pine Grove Elementary, on the fringe of the CRA boundary. Previous versions of the CRA Plan also included information on the Delray Full Service Center, which serviced a significant student population as an alternative school. That facility is now used primarily for adult education classes and has been eliminated from the list of public schools within the CRA District. The Village Academy opened in the Fall of 2000 with grades K-2, adding grades each year until they reach the 12t" grade. Carver Middle School was renamed the Delray Full Service Center, which is an alternative school. This school site also houses a head start program and other community classes such as adult literacy programs, etc. Discussions are currently underway regarding the potential closing of Plumosa Elementary school, which would be replaced by a K - 8 school that would be located on the site of the old Atlantic High School. 42 School population in the County has decreased recently, and the population in all schools in the CRA district is below capacity. The residential development programs identified within the Community Redevelopment Plan are not expected to significantly affect school populations. Information on permanent capacity and current student population is provided in the following table: TABLE 3.1: PUBLIC SCHOOLS School Name Permanent Capacity 2007/2008 Students S. D. Spady Elementary School 697 560 Plumosa Elementary School 581 377 Pine Grove Elementary School (adjacent to CRA District) 674 443 Village Academy 882 647 Totals 2,834 2,027 Source: Palm Beach County School Board V. RELATIONSHIP TO THE CITY~S COMPREHENSIVE PLAN Florida Statutes require that the Community Redevelopment Plan be consistent with the City's Comprehensive Plan. In order to remain current in the fast-paced, highly volatile economy of South Florida, the Community Redevelopment Plan is amended when programs are changed or as new programs and projects that were not included in the original plan are proposed. To maintain consistency with the City's Plan atwo-tiered approach is used during the amendment process. The first step in the process is an administrative determination by the City Manager, or his designee, as to whether the proposed amendment is procedural/technical (e.g. changes to dates, amounts of project funding, updates, etc.) or substantive, (adoption of a new program). Under the former determination, the amendment would go directly to the City Commission with the staff finding. Under the latter, the amendment would first be reviewed by the LPA (P&Z Board) for determination of consistency with the City's Comprehensive Plan and then forwarded to the City Commission with recommendations. Since amendments to the City's Comprehensive Plan require a time consuming process and are allowed only twice a year except in cases of emergency, the Community Redevelopment Plan will not typically be completely assimilated into the Comprehensive Plan. Those portions of the CRA Plan and subsequent amendments which involve only the resources of the CRA will not be included within the City's Comprehensive Plan. However, whenever significant City Participation is a part of a CRA project and such participation has not been addressed in the Comprehensive Plan, it may be necessary to process a Comprehensive Plan Amendment prior to action by the City. Generally, it will be necessary to amend the Comprehensive Plan in order to accommodate the following: • Those portions of the CRA Plan which would otherwise be in conflict or inconsistent with the Comprehensive Plan as it is now written; To provide City financing, or financial assistance, to projects identified in the CRA Plan which are not already in the Comprehensive Plan; and 43 • To reassess and modify existing policies in the Land Use Element calling for joint CRA/City participation. It is anticipated that implementation of some of the Community Redevelopment Agency's programs will require City financing or financial assistance. Redevelopment projects which are dependant upon changes in zoning, land use designations, or amendments to the Land Development Regulations may be delayed until the City can make the required changes. 44 PART FOUR: THE REDEVELOPMENT PROGRAM I. REDEVELOPMENT STRATEGIES When considering redevelopment strategies it is important to note that the CRA cannot possibly fund the immense task of redevelopment on its own. It must therefore structure its programs to act as catalysts for redevelopment efforts by individual residents and businesses within the CRA and to leverage investment by private enterprise. With limited resources available for redevelopment efforts, the Agency must be careful not to spread itself too thin by attempting to do too much at once. Innovative programming on the part of the Agency is necessary to maximize benefits from expenditures. Since the implementation of a few strategically placed well-funded programs may have a much greater impact on the overall area than many inadequately funded ones, programs must be evaluated in the context of the agency's overall goals, and implemented accordingly. The following are brief, generalized descriptions of the redevelopment strategies for the various sub-areas within the CRA district. Most of these strategies are articulated in greater detail in individual redevelopment or neighborhood plans such as the West Atlantic Avenue Redevelopment Plan, Downtown Delray Beach Master Plan, Southwest Area Neighborhood Redevelopment Plan, Osceola Park Redevelopment Plan, and Pineapple Grove Neighborhood Plan. The following section (Section II) describes the various projects and programs that have been created to implement those strategies. Table 4.1 lists the geographic sub-areas and the corresponding projects and programs. A. Sub Area 1: "The Beach District" The redevelopment strategy for this area is to promote infill development that follows traditional downtown patterns, with the storefronts close to the street and parking at the rear of the buildings. Street improvements are planned to enhance pedestrian safety in the commercial area along A-1-A, and also along East Atlantic Avenue. Additional parking will be provided through private/public partnerships. B. Sub-Area 2: "The Central Core" The redevelopment strategy for this area is to have it evolve from an upscale leisure area that depends on tourists and outsiders for its survival to a traditional, self-sufficient downtown. Efforts will be made to provide for a sustainable mix of office, entertainment, dining, residential, and shopping uses. Modifications to the transportation system will improve circulation in and around the downtown, and enhance pedestrian safety. Centralized parking structures will replace many of the surface parking lots, and existing spaces will be better utilized through shared parking arrangements. Expansions and enhancements of the public spaces at Old School Square and Worthing Park are planned. Restoration and preservation of historic structures will be promoted and encouraged in the Old School Square Historic Arts District and the Marina Historic District. C. Sub-Area 3: "The West Atlantic Avenue Corridor" The redevelopment strategy for this area shall be to create a positive visual impact and emphasize its importance as the entrance to the downtown, and to encourage development that 45 is supportive of and compatible with adjacent neighborhoods. Redevelopment projects shall provide a mix of uses (residential and commercial), with an emphasis on neighborhood-serving businesses. A mix of housing types and affordability ranges is encouraged. Strategies such as a community land trust and density bonuses shall be used to provide for affordable housing. Enhancements will be made to West Atlantic and the major side streets in order to beautify the corridors, provide parking, and highlight the culture and history of the area. Assistance will be provided to promote the development of small businesses and those that are locally owned. D. Sub-Area 4: "Northwest Neighborhood" The northwest neighborhood shall be stabilized through preservation of the West Settlers District, construction of infill single family housing on vacant lots, the provision of pocket parks, and streetscape beautification/enhancements, especially as they relate to Martin Luther King, Jr. Drive and the Cultural Loop. E. Sub-Area 5: "North Federal Highway" The redevelopment strategy for this area shall be as provided in the North Federal Highway Redevelopment Plan. New development along the commercial corridor shall be required to be closer to the street in conformance with traditional urban planning principals. Improved traffic circulation will be provided through the creation of additional connections between Dixie and Federal Highways. The adjacent neighborhoods shall be stabilized through beautification projects and traffic calming where warranted. F. Sub-Area 6: "Northeast Neighborhood" The redevelopment strategy for this area shall be to stabilize the neighborhood through the strategies described in the Seacrest/Del Ida Neighborhood Plan. Improvements outlined in the plan include traffic calming, landscaping, lighting, promotion of homeownership through the duplex conversion program, and provision of off-street parking. G. Sub-Area 7: "Osceola Park" The redevelopment strategy for this area shall be consistent with the Osceola Park Neighborhood Plan. The strategies outlined in the plan include revitalization and rehabilitation of the commercial/industrial uses along the railroad corridor; and, stabilization of the residential neighborhood through beautification and traffic calming. H. Sub-Area 8: "Southwest Neighborhood" Development in the southwest area shall be consistent with the Southwest Area Neighborhood Redevelopment Plan, with a particular emphasis on the preservation and creation of affordable housing, elimination or rehabilitation of substandard housing, infrastructure upgrades, and the provision of recreational facilities and pocket parks as well as the establishment of an employment training facility. 46 TABLE 4.1: CRA PROGRAMS AND PROJECTS BY SUB-AREA Sub Area Pro rams/Pro'ects Sub-Area 1: 1.2 Downtown Master Plan 3.2 Site Assistance Program 3.7 Grant Administration Program The Beach 3.3 Community Activities Sponsorship 3.9 Clean and Safe Program 3.10 Downtown Marketing District 3.4 Downtown Transit System Cooperative 3.6 Historic Facade Easement Program 1.2 Downtown Master Plan 3.4 Downtown Transit System 1.7 Pineapple Grove Neighborhood Plan 3.6 Historic Facade Easement Sub-Area 2: 2.2 FEC Railroad Station Program The Central 2.3 Old School Square Expansion 3.7 Grant Administration Program Core 2.5 Old School Square (Operational Support) 3.9 Clean and Safe Program 3.2 Site Assistance Program 3.10 Downtown Marketing 3.3 Community Activities Sponsorship Cooperative 1.1 West Atlantic Redevelopment Plan 3.2 Site Assistance Program 1.2 Downtown Master Plan 3.3 Community Activities 2.1 NW/SW 5th Avenue Sponsorship Sub- Area 3: 2.4 South County Courthouse /Delray Beach 3.4 Downtown Transit System West Atlantic Library (Operational Support) 3.6 Historic Fapade Easement Avenue Corridor 2.6 Block 28/36 (Atlantic Grove) Program 2.7 Block 60 Redevelopment 3.7 Grant Administration Program 2.9 West Settlers District/Spady Museum 3.9 Clean and Safe Program (Operational Support) 3.10 Downtown Marketing 2.10 Workforce/Affordable Housing Cooperative 1.3 Southwest Neighborhood Plan Sub-Area 4: 2.9 West Settlers District 3.2 Site Assistance Program Northwest 2.10 Workforce/Affordable Housing 3.3 Community Activities Neighborhood 3.1 Curb Appeal Residential Improvement Sponsorship Program Sub-Area 5: 1.4 North Federal Highway Plan 3.6 Historic Facade Easement North Federal 2.8 George Bush Blvd./Dixie Hwy. Program Hi hwa g y 3.2 Site Assistance Program 3.3 Community Activities Sponsorship 3.7 Grant Administration Program Sub-Area 6: 1.5 Seacrest/Del Ida Neighborhood Plan 3.6 Historic Facade Easement Northeast 3.2 Site Assistance Program 3.7 Grant Administration Program Neighborhood 3.3 Community Activities Sponsorship Sub-Area 7: 1.6 Osceola Park Neighborhood Plan 3.6 Historic Facade Easement Osceola Park 3.2 Site Assistance Program Program 3.3 Community Activities Sponsorship 3.7 Grant Administration Program 2.08 Carver Estates/Auburn Trace 3.3 Community Activities Sub-Area 8: 2.10 Workforce/Affordable Housing Sponsorship Southwest 2.11 Carver Square 3.1 Curb Appeal Residential Improvement 3.6 Historic Facade Easement Neighborhood Program Program 3.2 Site Assistance Program 3.7 Grant Administration Program 47 II. COMMUNITY REDEVELOPMENT AGENCY PROJECTS AND PROGRAMS The projects and programs of the Community Redevelopment Agency are designed to solve underlying problems which have a blighting influence on the Community Redevelopment Area, satisfy basic needs of the populace or take advantage of opportunities for economic, social or aesthetic improvement. Overall redevelopment strategies of both the CRA and the City are embodied within these projects and programs undertaken by the CRA. This portion of the Plan is the heart of the Community Redevelopment Program. The following sections provide a detailed description of all current and proposed projects and programs for which funding is provided, or will be provided, by the Community Redevelopment Agency. For organizational purposes, these projects and programs have been divided into three groups. This organizational structure is not, however, meant to be mutually exclusive, since many projects contain components which fit into more than one category. Group "1": Area-wide and Neighborhood Plans, include the preparation and implementation of area-wide redevelopment plans and neighborhood plans that were produced following a comprehensive, collaborative process. Generally these plans are completed following months of design workshops and community meetings, after which plans are adopted by the City Commission through a formal process. Group " 2": Redevelopment Projects include projects created and/or funded by the CRA to address specific areas. For instance, a street beautification project or the redevelopment of a particular property or group of properties would fall under this classification. Group " 3": Community Improvement Programs include ongoing grant and subsidy programs that promote CRA objectives such as small business development, property upgrades, affordable housing, downtown maintenance and safety activities, etc. The descriptions that follow include the likely project participants, funding sources, and completion schedules. These are estimated based upon the information that is available at the time of the adoption of the plan. The information is included primarily for planning purposes, and may change as the project or plan proceeds. A. GROUP 1: AREAWIDE AND NEIGHBORHOOD PLANS # 1.1: West Atlantic Avenue Redevelopment Plan (For associated maps, see Appendix "D"Maps A.1 through A. 6) Background The West Atlantic Avenue Redevelopment Area extends along the West Atlantic Avenue Corridor, between NW and SW 1st Streets. Due to its location and land use pattern, this area has considerable potential for mixed-use development. A redevelopment strategy for the area was initially presented to the public in 1988, which outlined substantial demolition and would have required the relocation of a large number of displaced residents and businesses. This plan met with considerable public opposition and was abandoned. In 1993, the CRA organized the first phase of a community planning effort by inviting numerous community members to a series of organizational meetings to discuss the concept of developing a West Atlantic Avenue Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted in the organization of a larger community based Steering Committee of over 50 people. The initial charge of this Steering Committee was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as stakeholders in the resulting process which was termed "Visions West Atlantic". "Visions West Atlantic" was a forum for a series of community meetings held over atwo-year period that ultimately produced recommendations concerning redevelopment 48 issues for West Atlantic Avenue. These recommendations form the backbone of the West Atlantic Redevelopment Plan, which was adopted by the City in 1995. The community "visions meetings" recognized that the need to facilitate the redevelopment of West Atlantic Avenue could not stop with completion of the plan. After a series of discussions, the group established the need for oversight and a project manager to implement the plan. The West Atlantic Redevelopment Coalition (WARC) is a nonprofit organization that was created to advise the CRA and City on redevelopment issues in the area. A staff position was created to facilitate the monthly WARC meetings, act as a liaison between WARC and the CRA/City and focus on the implementation of objectives and strategies in the plan. In 1997, the CRA amended the Plan by incorporating market research and by analyzing, in general, the redevelopment opportunities of each block in the area. The second amendment was adopted by the CRA and City in 2000. Also in 2000, the City and the CRA applied for a grant to the MacArthur Foundation to fund another community planning exercise, the Downtown Master Plan. The geographic areas covered by the downtown plan included the commercial districts along the Atlantic Avenue corridor from the beach to I-95. The plan, which was adopted in 2002, incorporates the provisions of the West Atlantic Avenue Redevelopment Plan and includes a marketing strategy for the corridor. Although opportunities exist for private redevelopment of existing structures and vacant property along West Atlantic Avenue, it has been difficult for the private sector to initiate such efforts without public assistance with land assemblage and business development. Rapidly rising property values has led to speculative investments, and has in some cases stalled redevelopment activity as investors hold onto blighted properties for the maximum return. This program represents the CRA's intent to continue the elimination of slum and blight in the area and facilitate successful redevelopment projects. Project Objectives • Eliminate blighted conditions along West Atlantic Avenue and adjacent side streets. • Encourage economic growth, redevelopment and minority business development. • Increase job opportunities within the West Atlantic redevelopment area. • Promotion of businesses which serve the neighborhood residents. • Acquire land in order to aggregate sites sufficiently large enough to encourage redevelopment. 49 • Development of programs, events, and projects which attract new consumers to the Avenue. • Create safer conditions for consumers, residents, and businesses. • Beautify the West Atlantic Avenue corridor. Protect Description • A major component of the program shall be site acquisition, assembly and resale for redevelopment; the CRA may also acquire property for construction of centralized parking facilities to service the surrounding areas; the parking lots constructed under this program may be municipal lots entirely for public use, may be sold or leased to private entities or may be a combination of both; Appendix "D" contains the Land Acquisition Maps for the overall area, and maps of specific blocks that were identified as priorities for redevelopment purposes. • The CRA may also utilize property exchanges and equity partnerships to assemble larger parcels of land for redevelopment purposes. • In the relocation of homeowners or renters, the CRA may utilize the affordable housing program described in Part Three, Section 2-D of this plan. • The CRA will provide financial assistance through its various programs to encourage business development and job creation. • The CRA will work with the Downtown Development Authority, Downtown Marketing Cooperative (formerly Joint Venture), West Atlantic Redevelopment Coalition, Delray Merchants Association, and others to promote activities on the Avenue which impact positively the economics of the business on the Avenue. • Beautification of the streetscape along West Atlantic Avenue and side streets. Project Participants and Administration • The Community Redevelopment Agency and West Atlantic Redevelopment Coalition, Inc. shall be the lead agencies in the updating and implementation of the Plan. • Other participants in the program may include, but are not limited to, the City of Delray Beach, Downtown Marketing Cooperative, Delray Merchants Association, Delray Beach Chamber of Commerce, neighborhood associations, residents and property owners. Funding Sources • Funding will be primarily by the CRA and the City, along with state and federal funding for road improvement projects. Project Schedule • Beautification of West Atlantic Avenue has been completed between W 1St and 6t" Avenues; beautification of the corridor between W 6t" and 12t" Avenues will be completed in 2009. • Redevelopment of the CRA-owned properties located between SW 8t" and 10t" Avenues will be under construction in 20010. • Redevelopment of other blocks is ongoing. 50 # 1.2: "Downtown Delray Beach Master Plan" Background _ ~ - _ .~- ~ , - .; `.: ='~`~y .~ f~ = . _ ..7 11~ v _ .•.a ~ ... :.: .:wx: ._~.~. ~..~=~. ..-- ~ ~ ......, ... tee... ~. The Land Use Element of the City's Comprehensive Plan required that a special CBD Development Plan be developed jointly by the CRA and the City. The purpose of this policy as originally intended was to prepare a plan that would encourage the revitalization and redevelopment of the downtown, which in the 1980's was experiencing high vacancy rates and a lack of private investment. Another objective was to address the maximum development that could occur in the area while still retaining its unique character and charm. Numerous studies, beautification and redevelopment projects, special events, and zoning code amendments were undertaken which helped to spur a major renaissance in the downtown. However, there was still a need to prepare a plan that would address the question of the maximum amount of development that is desirable, as well as strategies to ensure that the rebirth and revitalization are sustainable for the long term. In 2000, the City and CRA applied for a planning grant to the MacArthur Foundation to complete the Downtown Master Plan. During the application process another objective emerged: that of bridging the gap between East and West Atlantic Avenue commercial districts. Pursuant to that objective, the Downtown Plan evolved to also include the West Atlantic Avenue Redevelopment Area. In order to ensure that the planning process was an inclusive and wide-spread effort, a 31-person Steering Committee was established to oversee the development of the plan and its various components, and to disseminate information and updates to constituent groups. The planning process included tours of the area, a weekend long race relations workshop, presentations by planning experts, and a design charrette that was attended by hundreds. The entire process is documented in the City publication "Creating Inclusive Partnerships." The plan was adopted in March of 2002, and the Steering Committee evolved into the Downtown Plan Implementation Committee, which has met on a quarterly basis to evaluate the status and give direction on projects that are in the plan. Many of the projects in the plan have been completed or are underway. Other projects had to be modified or have been determined to be infeasible due to issues that were not fully known at the time of the planning process (i.e. deed restrictions, FDOT limitations, etc.). An amendment to the plan is underway to update the status of the various projects including any necessary modifications, and to eliminate projects that cannot be implemented due to unforeseen circumstances. The Downtown Delray Beach Master Plan describes three separate "districts": the West Atlantic neighborhood, the Central Core, and the Beach District. The plan identifies objectives to improve each of the areas, and outlines projects to accomplish those objectives. Project Objectives • To create aself-sustaining downtown that has a balanced mix of uses. To encourage building forms of a size, scale, and character that allows for growth while preserving the downtown's charm. • To facilitate economic development and ensure that the downtown remains the economic, cultural, and governmental center of the City. 51 • To improve vehicular circulation, pedestrian safety, availability and convenience of mass transit, and availability and convenience of parking. • To promote unity and continuity between East and West Atlantic Avenue. • To create attractive public plazas, neighborhood pocket parks and pedestrian friendly streets enhanced by public art. Project Description Implementation of the projects and programs identified in the Downtown Master Plan, including the following: • Design guidelines to regulate the size and scale of new buildings. • Creation of apedestrian-friendly network of streets with adequate sidewalks, lighting, and traffic-calming measures to mitigate vehicular speeds; installation of pedestrian improvements, traffic calming, and beautification along the Federal Highway pairs. • Conversion of the one-way bypass system to two-way traffic. • Creation/installation of a gateway feature at West Atlantic Avenue immediately east of I-95. • Acquisition of properties for affordable housing, pocket parks, parking facilities, and public plazas. • Promote programs and projects that will increase parking in the downtown area without creating large surface parking lots, such as shared parking programs and the use of mechanized parking facilities. • Installation of bus shelters. • Pedestrian safety measures in the commercial areas of Atlantic Avenue and A-1-A. • Support of measures such as market analysis and business recruitment to ensure that the downtown area has a sustainable mix of uses. • Other programs and projects as described in the adopted plan Project Participants and Administration • The Plan shall be implemented under the lead of the CRA with the assistance of the City Planning and Zoning Department and Environmental Services Department. • Other participants in the project may include, but are not limited to the Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), West Atlantic Task Team (WATT), Chamber of Commerce, Parking Management Advisory Board, Downtown Marketing Cooperative, professional consultants and interested residents and businesses. Funding Sources • The CRA and City will be the primary funding sources, with grants from other entities used to augment local funding. 52 Project Schedule • Plan adopted March 19, 2002. • Design Guidelines, zoning changes adopted in 2004. • Plan to be amended in 2008. • Infrastructure improvements to be substantially completed by 2012. #1.3: Southwest Neighborhood Plan (For associated maps, see Appendix "D"Maps B.1 and B. 2) Background When the MacArthur Foundation agreed to provide funding for preparation of the Downtown Delray Beach Master Plan, they also included funding for a plan to address the most distressed neighborhood adjacent to the West Atlantic commercial corridor: the Southwest Neighborhood. This area had long been characterized by slum and blighted conditions, including inadequate infrastructure, high crime, poor housing conditions aggravated by absentee ownership, and a large number of vacant properties that were not being maintained. In 2002 the City hired planning consultants JEG Associates to work with the neighborhood on a plan to address these issues. With some deviations, the plan encompasses the area generally bounded by I-95 on the west, SW 10t" Street on the south, Swinton Avenue on the east, and the CBD zoning district on the north. A team of neighborhood stakeholders was assembled to assist in the communication and organizational aspects of the planning process. This group, known initially as the Southwest Management Team (and renamed West Atlantic Task Team, or WATT), met on a regular basis to work with the consultant, communicate with the neighborhoods regarding meetings and outcomes, provide feedback on various ideas and initiatives, and review the draft plan. One of the first tasks completed by the consultant was a "Livability Workshop," which was designed to obtain stakeholder input regarding livability conditions relative to indicators such as schools, public safety, parks, transit, etc. The results of the surveys and interviews helped determine the strengths and weaknesses of the community, and provided direction for the plan's focus. The plan was adopted in May of 2003 and provides a blueprint for the revitalization and stabilization of the neighborhoods located in the southwest area. It links the neighborhood residential areas, commercial centers, civic functions, and green spaces to create a vibrant, pedestrian friendly network of connected neighborhoods. Many of the projects included in the Plan have already been implemented. In 2004, the City Commission adopted changes zoning, comprehensive plan and Land Development Regulations (LDR) changes to promote affordable housing in conjunction with the principles of Development Without Displacement. The City's Comprehensive Plan was amended to allow increases in density when development includes affordable/workforce housing and the City adopted the Family/Workforce Housing Ordinance (LDR Article 4.7), which includes a density bonus program, based upon the number of very low, low and moderate income units that are provided as part of the development. In addition, the recently built public elementary school has been augmented to provide intensive education to local at-risk children, including an extensive after care program and 53 support services for families. In 2007, the City and CRA funded the creation of a Neighborhood Resource Center in the community, placing social service providers within walking distance of the families who need assistance. The Rosemont Park pocket park was completed in 2007 (SW 6t" St. and 4t" Ave.) and Sunshine Park (NW 15t" Avenue, adjacent to I-95 sound barrier) will be constructed in 2008. Also, the existing Catherine Strong Park was completely renovated to include additional play equipment and water features. Streetscape and alley improvement plans are currently being prepared for SW 12t" and 14t" Avenues. To help achieve the Plan's affordable housing objectives the City, CRA, and Housing Authority partnered together to form a Community Land Trust, which is constructing long-term affordable housing for neighborhood residents. Acquisition of slum and blighted properties by the CRA to accommodate affordable housing through the Delray Beach Community Land Trust is ongoing. The CRA participated in the funding and development of the plan, and will be a major participant in funding its implementation. Proiect Objectives • Revitalization and stabilization of the neighborhoods in the southwest area. • Improve the quality and condition of housing stock in the area, and provide housing to meet a range of income levels and ages. • Improve and upgrade infrastructure in the neighborhoods. • Enhance the beauty and livability of the neighborhood by providing open space and recreational opportunities for residents. • Provide pedestrian linkages between residential, commercial, civic, and recreational areas. • Create jobs and promote economic development. Proiect Description Implementation of the projects and programs identified in the Southwest Neighborhood Plan, including the following: • Acquisition of land and development of pocket parks at strategic locations throughout the neighborhood, particularly where adjacent to property that is already owned by the City or CRA, and where larger sites can be assembled. • Beautification of public spaces along I-95 sound walls. • Creation of affordable housing opportunities, through acquisition of vacant or underutilized land, acquisition of existing units that can be upgraded or redeveloped and maintained as affordable housing; and implementation of incentives such as density bonuses to encourage private developers to create affordable units. • Provision of grant or loan programs to encourage upgrades to structures and properties; • Improvements to the roadway system to make the area safer for pedestrians, such as completion of the sidewalk network and installation of traffic calming measures. • Support redevelopment that is consistent with the principles outlined in the plan for the five sub-areas, particularly as it relates to the redevelopment of blighted duplex and multi-family structures (particularly those located along SW 10t" through 15t" Avenues), which are having a detrimental impact on livability and property values in the neighborhood. • Support increased community policing and code enforcement. 54 • Initiate infrastructure projects (i.e. street and alley improvement projects, street beautification, retention areas, etc.) to accelerate their completion. Partner with the City on these infrastructure projects when feasible. Proiect Particiaants and Administration • Projects in the plan shall be implemented jointly by the City and CRA. • Other participants in the project may include, but are not limited to the West Atlantic Redevelopment Coalition (WARC), neighborhood associations, professional consultants, private developers and interested residents and businesses. Fundina Sources • The CRA and City will be the primary funding sources, with grants from other entities used to augment local funding. • Private developers will participate in the financing of affordable housing in the neighborhoods. Proiect Schedule • Acquisition of property/provision of pocket parks is ongoing. • Affordable housing incentives (Family/Workforce Housing Ordinance) adopted on December 6, 2004. • Acquisition of properties/creation of affordable housing is ongoing. • Infrastructure improvements to be substantially completed by 2015. #1.4: North Federal Highway Redevelopment Plan Background This project involves the implementation of the North Federal Highway Redevelopment Plan, which was adopted by the City in 1999. For a description of the area and background information on this project, see Part 2 of the CRA Plan. Proiect Objectives • Improve the visual appearance of the corridor. • Reduce and eliminate marginal and inappropriate land uses. • Direct smaller business operations to more concentrated area. • Provide economic stimulation and investment in the area. • Creation of jobs. • Stabilize and preserve the residential neighborhoods through new development, beautification, redevelopment, and the elimination of blight. • Eliminate slum and blight through acquisition of properties. 55 Project Description The Program is divided into two Phases. Phase One, which is completed, included the preparation of the Redevelopment Plan. Phase Two shall be the implementation of the redevelopment program. Key projects complete and administered through this program include La Hacienda Gardens Park and the acquisition of property between Dixie and Federal Highway to provide better circulation and connectivity in the area, Also in he planning stages is the La Hacienda Street Beautification project. Several meetings with the neighborhood association occurred in 2007 which resulted in a draft preliminary beautification plan generally consisting of additional landscaping improvements including trees, swales, sidewalks and entryway signage. The preliminary plan was presented to the neighborhood through a community forum which received a high level of positive feedback. The CRA is currently in the implementation phase of the project. Additional projects planned for the area include the following: • Eventual reduction of Federal Highway right-of-way from 120' to 100' and installation of additional landscape nodes and wider landscaped medians. • Installation of a new roadway connection between Dixie and Federal Highways north of NE 14t" Street. • CRA acquisition of key properties where necessary. • Work with homeowner associations concerning neighborhood improvements such as neighborhood; parks, traffic calming., and street beautification. Project Participants and Administration • The CRA will administer and coordinate the program; Other participants may include, but are not limited to, the City of Delray Beach, Florida Department of Transportation (controls US-1 ), Delray Beach Chamber of Commerce, developers, and individual property and business owners. Funding Sources Funding sources for Phase Two will be the CRA, the City of Delray Beach, other governmental agencies, property owners, and developers. Project Schedule • Phase One: Completed. • Phase Two: Began in FY 1999/2000 and is ongoing. # 1.5: Osceola Park Redevelopment & Neighborhood Improvement Plan Background This downtown neighborhood is generally located between Federal Highway and the F.E.C. Railroad, south of the Central Business District. Zoning in the area includes R-1-A (Single-Family Residential), RM (Medium Density Residential), GC (General Commercial), CBD (Central Business District), and CBD-RC (Central Business District -Railroad Corridor). Land uses are varied, containing a mixture of single-family and multi-family residences, commercial, and light industrial development. Since the area is encompassed by well field protection zones, impacts of non-residential land uses on the well field is a concern. 56 The northern portion of the area (north of S.E. 5th Street) contains commercial and light industrial development with inadequate parking and residential uses sandwiched between incompatible land uses. South of S.E. 5th Street, the character of Osceola Park changes to one that is generally single-family in nature; however there are numerous renter-occupied units. The area is also encompassed by wellfield protection zones. The overall condition of the housing is adequate, although there are many structures in need of maintenance and minor repairs. The area has a unique quality that is attractive for residents who wish to live in asingle-family home located close to the City's commercial core. Beautification projects throughout the area, as well as an increase in the number of owner-occupied units, can help eliminate blighted conditions and stabilize the area. In 1999, the City, with financial assistance by the CRA and a grant from the State of Florida, conducted a historic survey of existing structures in the eastern part of the City, Including Osceola Park. The consultant, Janus Research, found that the neighborhood did not have the concentration of historic buildings to be designated as a local historic district, but recommended that the City consider creation of a Local Conservation District. This information has been incorporated into the Osceola Park Redevelopment Plan, which was adopted by the City Commission on December 6, 2004. The primary focus of this redevelopment plan is to stabilize and revitalize the area, provide apedestrian-friendly and safe environment through the implementation of traffic calming measures, provide additional parking for area businesses and accommodate owner-occupied housing which is compatible with the single family character of the area. Some of the issues relating to the industrial uses within this area were addressed within the CBD-RC zoning district that was created in 1995; however inadequate parking is still an issue. In September 2005, a 5.9 acre portion of the redevelopment area located between S.E. 2nd Street and S.E.3rd Street, and between S.E. 2"`' Avenue and S.E. 5th Avenue was rezoned from RM (Medium Density Residential) to R-1-A (Single Family Residential). Implementation of the Plan as it relates to the residential area is to begin in 2008. Proiect Objectives • Eliminate slum and blighted conditions. • Provide adequate parking for the commercial/industrial areas. • Promote historic preservation. • Promote stabilization of the residential areas. • Promote owner-occupied housing. • Promote conversion of multi-family uses to single-family. • Increase employment and business opportunities in the area. Proiect Description The program shall consist of three phases. Phase One, which included an historic survey of the existing structures in the area, has been completed. Phase Two, which included the preparation and adoption of a Redevelopment/Neighborhood Plan for the area, has also been completed. Phase Three consists of the implementation of the projects and programs identified in the Osceola Park Redevelopment Plan, including the following: • Rezone the areas east of the FEC Railroad currently zoned RM (Medium Density Residential) to R-1-A (Single Family Residential). • Evaluation of the feasibility of creating a "Property Assessment District" to fund improvements. 57 • Improve the street appearance by beautification. • Improve pedestrian and vehicular safety through the installation of traffic calming measures as well as the installation of alleys, lighting and sidewalks, where needed. • Upgrade utilities and drainage where needed. • Develop and fund a program to convert duplex structures to single-family residences. • Creation of a Conservation District to promote historic preservation. Project Participants and Administration • Implementation of the Plan shall be administered and coordinated by the City with assistance from the CRA. • Other participants include property owners and businesses in the area. Funding Sources • The City and CRA will provide funding for preparation and implementation of the plan, including any outside consulting services that are necessary. • Other sources may include, but are not limited to, the property owners and businesses in the area, as well as public and private grants. • Implementation of certain elements of the plan will be funded through an assessment district, as well as by the CRA and the City. Project Schedule • Phase One of the program was completed in FY 1999/2000. • Phase Two was completed in FY 2004/2005. • Phase Three: o Re-zonings associated with the Plan were approved in 2005. c Infrastructure improvements are projected to begin in FY 2007/2008. o Implementation of various programs is ongoing. #1.6: Pineapple Grove Neighborhood Plan This program consists of the implementation of the remaining elements of the streetscape and pedestrian improvements that were included in the Pineapple Grove Neighborhood Plan (see Appendix "E", Pineapple Grove Main Street Program for a full description and background of the program). It also involves the creation and maintenance of the area as an arts district by promoting public art projects, the establishment of artist studios and galleries, and implementation of land development regulations that foster and encourage arts-related uses. Most of the streetscape improvements included in the plan have been completed. The Pineapple Grove area no longer has the need for a full time Program Manager and is therefore no longer designated by the state as an official Main Street community. A strong neighborhood association remains active and continues the work to improve and promote Pineapple Grove as an arts destination that has a unique identity apart from Atlantic Avenue and other parts of the downtown. 58 Proiect Objectives • Continuation of the physical and economic revitalization of the Pineapple Grove neighborhood. • Completion of street beautification, entry features, public parking, and pedestrian linkages within the Pineapple Grove neighborhood. • Establishment of the area's special identity as an arts-related district. Proiect Description CRA participation with this plan may include, but is not limited to, the following elements: • Support of Pineapple Grove organization by providing staff assistance on a part time basis to help organize and run regular meetings, hold fundraising events, administer grants programs, and solicit memberships. • Assist in the implementation of the remaining elements of the neighborhood plan, which involve completion of the sidewalk network, installation of landscaping and lighting, installation of additional entry features, and provision of additional parking. • Support arts-related uses and features that help establish and maintain the area's identity as an arts district. This may include financial participation in the acquisition and build-out of one of the units in the Cannery Row townhouse project for the establishment of an arts studio, as provided for in the development's site plan. • Work with the Pineapple Grove Design Committee to ensure that new development and redevelopment is consistent with the desired architectural style as described in the plan. • Work with the Pineapple Grove organization to ensure that the City's Land Development Regulations facilitate the establishment ofarts-related uses. Proiect Participants and Administration • Pineapple Grove Main Street, Inc. shall generally administer and coordinate the program. • The CRA will provide financial support for administrative assistance through the Downtown Marketing Cooperative (DMC), and provide additional administrative support where necessary to implement grant programs, LDR changes, and infrastructure improvements. • Other participants may include, but are not limited to, the City of Delray Beach, the Chamber of Commerce, DDA and private property owners. Funding Sources • The CRA will fund the costs of part-time administrative assistance. • The CRA and the City will fund the development of public and public/private parking lots. • Continuation of the infrastructure improvements and establishment of the Cannery Row arts project will be funded primarily by the CRA and City, with other possible sources being grant funds. • The CRA's Site Assistance program is available to provide additional assistance to businesses who wish to improve exterior conditions of their property. 59 Project Schedule • Implementation of the program began in FY 1993/1994 and is ongoing. B. GROUP 2: REDEVELOPMENT PROJECTS #2.1: "NW & SW 5th Avenue Beautification (For associated map, see Appendix "D"Map C) Background This project encompasses the three commercially-zoned blocks of 5t" Avenue between Martin Luther King, Jr. Boulevard (NW 2nd Street) and SW 1St Street. In the days of segregation the SW/NW 5t" Avenue area was a thriving commercial and institutional corridor in the heart of the City's African American neighborhood. The area began to decline in the 1970's and in the 1980's, the County provided funding for the two-block beautification of NW 5t" Avenue. Unfortunately beautification involved the elimination of on-street parking, which negatively affected area businesses. Over time several of the businesses left and the street became neglected and unsafe. The objective of this program is to revitalize the corridor into a thriving district for neighborhood businesses and cultural activities. It also became necessary to remove the trees along NW 5t', Avenue, since they blocked the sidewalk and caused the street to be out of compliance with the Americans with Disabilities Act (ADA). In 2003 the CRA contracted with the engineering firm of CH2M Hill and Miami artist Gary Moore to create a new streetscape for the corridor. Several meetings were held at St. Paul's Church on NW 5t', Avenue, attended by local residents, business owners, and property owners who shared stories about the neighborhood's past as an agricultural area and later as a thriving minority business district. From these meetings Gary Moore developed a plan for a new streetscape. It included sidewalks made of rough terrazzo in patterns that reflect the history of the area. Bronze inserts depict the various neighborhoods along the street such as "Frog Alley" and "The Sands." New street lamps were manufactured to coordinate with the sidewalk colors. Due to the narrow width of the street right-of-way, the new landscape plan provided primarily palms and ground covers. The plan included the restoration of parking along one side of the street (varies depending on the location), and the relocation of several back-out parking spaces. The streetscape was completed in 2007, including the terrazzo sidewalks, bronze inserts, decorative lighting and banners. In addition, the alleyway was paved and most of the parking spaces that previously backed out onto NW 5t" Avenue were relocated behind the buildings. The CRA plans to assist in the renovation of the area in front of the community store located at NW 5t" Avenue and MLK Drive (Hammad Shoppes) where several parking spaces were removed. In addition, the CRA acquired two blighted buildings located at 133 and 135 NW 5t" Avenue, and is restoring them to provide affordable housing (both rental and owner occupied) and low-cost office space. The remaining work that needs to be completed is to provide street furniture (i.e. benches and trash cans), improve the amount and condition of public parking in the area, and provide alley access to the rear of buildings wherever possible in order to maintain apedestrian-oriented corridor along Stn 60 Proiect Objectives • Eliminate blighted conditions along SW/NW 5t" Avenue. • Encourage minority business development. • Provide a catalyst for future development on adjoining blocks of West Atlantic and further minority business development. • Create and maintain a safe and lively pedestrian-friendly corridor. • Provide diverse neighborhood shopping, services, and cultural facilities for area residents and visitors. • Promote the area's historical and cultural significance through the support of cultural facilities and public art. • Creation of jobs. • Provide parking to serve the area's businesses and institutions. • Improve alleyways where available to provide rear access to buildings, and acquire property to create alleyways where necessary for access. Proiect Description • Removal of existing paver brick sidewalks, trees and lighting, and back-out parking where feasible (completed 2007). • Installation of new streetscape to include a combination terrazzo/colored concrete sidewalks, coordinated street lights, bronze inserts, landscaped nodes, on street parking, transit stops, benches and waste receptacles (completed 2007). • Installation of paved alley, including parking spaces where feasible, between NW 4t" and Stn Avenues, between NW 1St and MLK Jr. Blvd. (completed 2007); acquire property necessary to provide alley access in the area between NW 5t" and 6t" Avenues, south of NW 1St Street. • Where feasible, development and/or improvement of off-street parking facilities to serve businesses and cultural institutions in the area -the CRA may partner with private property owners or the City in the development of these facilities. • Acquisition of property and buildings to eliminate blighting influences and stimulate economic development. • Promotion of the area as a neighborhood commercial center, containing goods and services intended to serve the surrounding neighborhood as well as appeal to a larger market outside the area. The Project is divided into four Phases: • Phase One: streetscape plan prepared and put out to bid; • Phase Two: Installation of new streetscape; • Phase Three: Land acquisition for parking and redevelopment and construction of additional parking and alleyways; • Phase Four: Acquisition and rehabilitation of blighted buildings and/or sale of CRA buildings and property for the new construction or rehabilitation by the private or nonprofit sectors. 61 Project Participants and Administration The remaining aspects of the project will be administered and coordinated by the CRA with input from the West Atlantic Redevelopment Coalition and assistance, oversight, and final approval by the City; • Other participants may include, but are not limited to the Delray Beach Community Land Trust, Palm Beach County, the Center for Technology, Enterprise and Development, Inc., the Delray Beach Housing Authority, area churches, Delray Merchants Association, design professionals, building tenants, and the developer(s) for plaza expansion (new buildings). Funding Sources • The CRA provided funding for Phase One of the project with technical assistance by the City. • Phases Two and Three were jointly funded by the CRA and Palm Beach County with technical assistance by the City. • The CRA's Business Development and Site Assistance Programs are available to provide additional assistance to owners/businesses along the corridor. • Phase Four will be funded by the CRA, City, and the private sector. Project Schedule • Phase One completed summer 2004. • Phase Two completed January 2007. • Phases Three and Four are ongoing. #2.2: FEC Railway Station Background The FEC (Florida East Coast) Railway Station was built in 1896 along the east side of the railroad tracks, immediately south of Atlantic Avenue. It was originally 100' in length and was constructed on site as a Stick-style post and beam frame structure with board and batten walls, two louvered cupolas, and a composition roof with expansive eaves. It included space for a passenger waiting area, offices, and freight storage. The station provided passenger and freight service until it was closed by the railroad in the 1960's. Parts of the building were subsequently demolished, and in 1968 the remaining freight area was split into two sections and moved to separate locations. The larger section was eventually destroyed by fire, but the remaining 40' section was relocated to a farm west of downtown, where it remained until 1995. The Delray Beach Historical Society (DBHS) coordinated volunteers and raised the funds to acquire the building and relocate it back to downtown Delray Beach. The building is currently located on private property known as the Ocean City Lumber site, which includes retail uses, restaurants, and offices. The space that the station sits on is leased by the DBHS, and the lease expires in 2008. While it is possible that the lease may be extended, the station should ultimately be located on public property in order to provide for its long term preservation. 62 Proiect Objectives • Provide for a permanent location and the long term preservation of this important historic structure. Proiect Description • Assist the DBHS and City in finding a suitable permanent location for the FEC railway station. • Assist the DBHS and City in acquiring funds to relocate and restore the structure onto a permanent location in the downtown area. • Assist in the establishment of the structure as a visitor's center or other suitable use that will ensure the long term preservation and maintenance of the building and provide opportunities for the public to visit the structure and learn about its history. Proiect Participants and Administration • Delray Beach Historical Society, City of Delray Beach, CRA, and other entities involved in historic preservation and downtown redevelopment. Funding Sources • State Historic Preservation Office grants, City of Delray Beach, DBHS, CRA. Proiect Schedule • Identification of a suitable site to relocate the structure by spring 2008. • Relocation of the structure to its permanent location by fall 2008, unless an extension to the current lease is granted. # 2.3: Block 76 -Old School Square Expansion and Parking Garage (For associated map, see Appendix "D"Map E) Background Block 76, located between N.E. 1st. and 2nd Avenues, between Atlantic Avenue and N.E. 1st. Street, is adjacent to the Old School Square Cultural Arts Center. During the early 1990's, both this block and the one immediately to the east (Block 84) contained structures in deteriorated condition and uses which had a blighting influence on the surrounding Pineapple Grove neighborhood. A major obstacle to the redevelopment of the area was the lack of adequate parking. Since this was also a problem for Old School Square, the CRA decided to make this the major focus of its initial redevelopment effort Block 76. The CRA purchased the former site of the Pierce Tire Company as well as a property that was associated with the former Ocean City lumber yard on Block 84. These acquisitions were made possible through $500,000 of redevelopment seed money that was authorized under the Decade of Excellence Bond. In 1996, the CRA completed the first phase of parking on Block 76, constructing 131 parking spaces. In 1997, the CRA determined that, due to heightened consumer activity in the immediate area and the surrounding blocks, an additional parking phase should be commenced. The CRA acquired a building located along NE 1St Avenue, the Van Hill property, 63 by eminent domain in order to increase parking capacity. In 2000, Old School Square held a community charrette to determine the future of the facility. These discussions resulted in a plan to expand the Old School Square campus onto Block 76, creating a large urban park. The plan included converting the surface parking lot to open space, and construction of a parking garage at the north end of the block. In addition to replacing the 170+ spaces that currently exist on the site, the garage would also accommodate additional parking for Old School Square, the Pineapple Grove area, and businesses along Atlantic Avenue. The plans for garage also included ground floor commercial space adjacent to Pineapple Grove Way and NE 1St Street. In 2001, the amphitheater and restrooms were constructed. In order to implement the park elements of the plan, several privately owned parcels in the block had to be acquired. The CRA initiated eminent domain proceedings and acquired properties at the north end of the block for the parking garage, and property at the south section adjacent to the alley (former Craige Furniture property) for the parks/campus expansion. In 2004, the City passed a bond referendum for Parks and Recreation projects, including the Old School Square expansion. In 2006, a grant was received from the Florida Communities Trust to help off-set the costs of acquiring properties associated with the Old School Square park. Construction of the 528-space parking garage was completed in November 2007. A community charrette was held on November 17, 2007, to obtain input concerning the design and function of the proposed urban park. The plan will include a water feature and opportunities for active and passive areas and programs. Old School Square continues to function as the cultural anchor for the City and is a major attraction in the downtown area. It struggles with the financial challenges that are typical of nonprofit art & cultural institutions, as it seeks to balance community-based events and programs with revenue-producing activities. Old School Square's central location between East and West Atlantic Avenue provides a unique opportunity for it to play a major role in bringing together the city's various ethnic and cultural groups so that all feel welcome and represented. It is imperative that public and private financial assistance continue to be provided so that programs and activities can be available and affordable to the community at large. This is particularly true as the campus is expanded and more demands are placed on Old School Square's operational capacities. Project Objectives • Promote arts and cultural activities as a means to foster increased economic development within the city center. • Provide a cornerstone for the revitalization and redevelopment of the Atlantic Avenue Business corridor and the Pineapple Grove Neighborhood. • Provide support to enable Old School Square to continue to offer affordable cultural programming for the diverse Delray Beach community. • Create an attraction downtown for both residents and tourists. • Allow for the expansion of the Old School Square campus and the creation of an urban park. • Increase property values within the CBD through the provision of open space, vistas, and a gathering place for downtown visitors and dwellers. • Increase the amount of parking that is available to serve Old School Square and the adjacent commercial areas. 64 Project Description Assemblage of property within the block for construction of a parking structure with retail space, and creation of an urban park. Private users located in the area may make arrangements to pay the CRA or other public or private entity a fee to lease or purchase enough parking spaces to meet City parking requirements for their use. • Strong pedestrian linkages to Old School Square, the downtown and the Pineapple Grove Neighborhood will be established. • Continued support of Old School Square's operations and activities as it expands and takes on an even larger significance as the City's cultural anchor. Project Participants and Administration • The CRA was the lead agency in the acquisition of land for improvements in Block 76. Other participants in the redevelopment will include, but are not limited to, the City of Delray Beach, Old School Square, Parking Management Advisory Board, Pineapple Grove Main Street, and property owners within the block. Funding Sources The CRA and City provided the funding for Phases One and Two, using a combination of CRA funds, recreation bond funds, in lieu fees, and grant funds where available. Another possible funding source is through the sale or lease of parking spaces to private property owners. • Funding sources for Phase Three shall primarily be the City, CRA and Old School Square, with additional potential funding sources being grant funds and private contributions. Project Schedule • Phase One: CRA funding to ensure that Old School Square can continue to offer its facilities to community groups and nonprofit organizations at reduced fees began in 2005. Phase Two: Preliminary planning and land acquisition process completed in 2006.Phase Three: Demolition of all structures has been completed and construction of the parking garage with the ground floor commercial space was completed in 2007. • Phase Four: Construction of the public park is anticipated to begin in 2009. # 2.4: South County Courthouse Expansion / Delray Beach Public Library Background The location of the South County Courthouse on West Atlantic Avenue was viewed by the City as a significant opportunity to secure both public and private investment along this important corridor. Due to its potential as a catalyst project on the Avenue, the Courthouse became a cornerstone of the 1986 Community Redevelopment Plan. The City successfully lobbied the County to locate the facility in the West Atlantic Avenue corridor in 1986. Through an Interlocal Agreement that was adopted in 1986 and amended several times in subsequent years, the City and CRA pledged to donate land for the original courthouse building and a future expansion. 65 The $8 million South County Courthouse, Phase One, opened in August, 1990. In fulfillment of its obligations under the Interlocal Agreement, the CRA acquired several properties within the expansion area known as Block #53 (south side of Atlantic Avenue between SW 1St and 2nd Avenues). These included the 7-Eleven/Coin Laundry (1987), asix-unit apartment complex (1987), Discount Auto Parts (1991), and the Norris apartment complex (2001). The CRA intended to have the frontage on Block 53 be a redevelopment site for private commercial development. In 1999, the Delray Beach Library held a planning charrette to study the expansion and relocation of the library, and it was determined that the frontage was the best available site for the new library. Plans were drawn up fora 48,000 square foot facility that includes extensive access to computers, an auditorium and meeting rooms, and a cafe, all of which will help to generate pedestrian activity in the West Atlantic corridor. In 2004, a 355- space parking garage was constructed with County, City, and CRA funds to serve the courthouse and library. Construction of the new library was completed in 2005 and the courthouse expansion will be completed in 2008. Preliminary plans have been presented for a future expansion of the parking garage, the construction of which is dependent upon future demand and funding availability. This parking could be used to meet the demands of businesses and uses in the West Atlantic and Southwest Neighborhood areas, as well as providing parking for activities and events at the tennis center. The library has become an important anchor to the West Atlantic Avenue Corridor and asset to the community as it provides a variety of valuable community services and programs. It is run by a nonprofit board, and while it is located on City property it is not a City facility, and funding is always a challenge. The Gity supports the library with operating funds and provides exterior maintenance, and the library obtains other funding from state grants and private donations. In 2007, with the budget constraints created by the property tax reform, the City cut back on the library's operating dollars. To stay within budget, the library developed a schedule with reduced operating hours. In order to continue to promote activity and economic development in the West Atlantic area, the CRA agreed to fund a portion of the operating funds so that the library could continue to be open seven days a week and offer the same range of services and activities. The CRA will consider on an annual basis, a commitment of funding in order to ensure that the library can continue to function in this manner. Project Objectives • Improve the physical appearance of West Atlantic Avenue and eliminate blight. • Increase the economic vitality of the West Atlantic corridor through the placement of public facilities that will attract large numbers of people to the area. • Create spin-off opportunities for private sector redevelopment projects and job creation. • Provide public parking, parking for tennis center activities, area businesses, and opportunities for shared parking. Protect Description • A newly constructed 48,000 square foot library will provide services and activities to the public, and help generate activity in the West Atlantic area. • The South County Courthouse will be expanded to the rear of the existing facility. • The courthouse and library will share parking within the existing garage and surface parking lots, with public access provided pursuant to the Interlocal agreement. • Phase Two of the garage will be constructed at a future date depending upon demand and 66 funding availability. Project Participants and Administration • County is responsible for expansion of the Courthouse facility. • Delray Beach Public Library is responsible for construction and operation of the new library building. • CRA and City shall be the lead participants in the construction of Phase Two of the parking garage. Funding Sources • County will fund the expansion of the Courthouse facility, including parking lot construction. • Library, City, CRA, and other sources provided funding for the library construction. • The Delray Beach Public Library, City, CRA and others will participate in funding operational costs of the library to the degree possible. • Potential sources of funding for Phase Two of the garage include in-lieu and other parking fees, other City sources, and the CRA. Project Schedule • Construction of the library was completed in December 2005. • Expansion of the courthouse will be completed in 2008. • Phase Two of the parking garage is dependent upon the level of demand and funding availability. #2.5: Old School Square Cultural Center This project involved the restoration of Old School Square's original buildings and campus for use as an arts and culture center. The project as originally described has been completed (see Appendix "C" for a description off the project). The CRA had committed to provide funding to pay the debt service on the loan for restoration of the 1926 building, which was satisfied in 2007. A separate project in this Plan, #2.3, deals with the expansion of the Old School Square campus and the CRA's continued support for the center. #2.6: Block 60 Redevelopment The redevelopment of the historic homes located at 20 and 24 North Swinton Avenue and construction of the parking lot located on NW 1St Avenue has been completed. (See Appendix "C" for description). The CRA is also investigating expansion possibilities for their current office building, located at 20 N Swinton Avenue, through either relocating a historical building to the site or adding onto the existing Monterey House. Parking spaces within the lot may be made available for purchase on an as-needed basis, at the discretion of the City and/or CRA. 67 #2.7: Carver Estates/Auburn Trace Redevelopment (Villages at Delray) Background Carver Estates, the City's only public housing project, and its surrounding neighborhood are the most distressed areas in the City of Delray Beach. This 200-unit development provided housing for the City's poorest residents for approximately two decades. However, it was found to have structural problems of such a severe nature that it would be more economical to replace the units than to repair them. In 2005, the Housing Authority had a Master Planning Study and a Feasibility Study prepared in anticipation of the redevelopment of the site. Immediately north of and adjacent to the Carver Estates property is Auburn Trace, a 256 unit affordable housing project, which was constructed to provide affordable housing through a public/private cooperative effort utilizing tax credits. These properties are located in the geographic area covered by the Southwest Area Neighborhood Plan, acommunity-based plan that provides a blueprint for revitalization and stabilization of the area. In 2005, the Housing Authority issued a Request for Proposals (RFP) to redevelop their property, possibly as a combined renter and owner occupied development. The proposal submitted by the owners of Auburn Trace (Auburn Group) was selected, which includes redevelopment of the Carver Estates site as well as the Auburn Trace site. The sites are being redeveloped through a partnership agreement between the Delray Beach Housing Authority (DBHA) and the Auburn Group development company. The project, The Village at Delray, will result in more than 1,000 units of new diverse housing choices for a range of income levels and ages, including 212 quality Housing Credit rental apartments for households below 60% of median income (very low income), 52 workforce rental apartments for households below 120% of median income (low to moderate income), and more than 200 owner-occupied workforce housing units. There will also be aneighborhood-oriented business component to serve the community. The original development proposal included a commercial component within the vacant block fronting SW 10t', Street (between SW 12t', and 13t" Aves) and owned by the DBHA. However, the developer has been concerned with the adjacent industrial use (King Marble) and the blighted duplexes, within the block to the west (Northeast corner of SW 10t" St & SW 14tH Ave). Their current condition could have negative impacts on the overall project, as SW 14tH Avenue serves as the southern gateway to the Southwest Neighborhood and proposed Village at Delray community. Given these concerns, the developer has been working with the property owners within the King Marble block to acquire the properties to establish the commercial component (in partnership with the DBHA) which will provide retail, offices, as well as goods & services in close proximity to the Village at Delray community. The vision includes a job training component (approximately 2,500 sq. ft.) to help residents attain quality well-paying jobs. This jobs-creation component of the project will not be feasible without some public participation. The CRA is committed to realizing the community's objectives as articulated in the Southwest Plan, and has dedicated significant resources to this effort. The CRA has committed funding for the next three (3) years in increments of $400,000 per year to the jobs training component of the project. This center will provide job training programs to improve the earning capacity of residents in the new community and the surrounding Southwest neighborhood. The creation of jobs and the opportunity to increase incomes of residents in the southwest neighborhood is an important objective for the revitalization of the area and the enhancement of the residents' quality of life. The CRA's involvement may also include funding assistance to begin construction of the affordable rental housing component as well as down payment subsidies for the workforce housing units. 68 Proiect Objectives • Revitalization and stabilization of the neighborhoods in the southwest area. • Improve the quality and condition of housing stock in the area, and provide housing to meet a range of income levels and ages. • Improve and upgrade infrastructure in the neighborhoods. • Enhance the beauty and livability of the neighborhood by providing open space and recreational opportunities for residents. • Provide pedestrian linkages between residential, commercial, civic, and recreational areas. • Create jobs and promote economic development. Protect Description • Demolition of Carver Estates Public Housing project and development of new mixed income community that will provide housing for low and moderate income families as well as market rate housing . • Inclusion of recreational and community components including an employment training center. • Beautification of SW 12t"/Auburn/SW 14t" Avenue and streets adjacent to the development. Proiect Participants and Administration • The project will be developed and implemented by the Delray Beach Housing Authority and Auburn Group development team, with assistance from the CRA, the City of Delray Beach and Palm Beach County. • Other participants in the project may include, but are not limited to the Delray Beach Community Land Trust, neighborhood associations, professional consultants and interested residents and businesses. Funding Sources • The Development Team will be the primary funding sources, with CRA and City grants/subsidies as well as grants/subsidies from other entities used to augment local funding. • CRA and others, as appropriate, shall provide funding assistance as it relates to the employment training center component. The CRA may also elect to participate in assisting with funding the beautification of the adjacent rights-of-way. Proiect Schedule • Demolition of Carver Estates Public Housing project to be completed in 2008. • Redevelopment of the Carver Estates property consisting of townhomes and condominiums for mixed income families to begin construction in 2008. • Redevelopment of the south portion of the Auburn Trace property to accommodate the rental housing component phase to begin construction in 2008-2009. 69 • Redevelopment of the north portion of the Auburn Trace property consisting of mixed income townhomes to begin construction in 2011. Street beautification adjacent to the development to be constructed in conjunction with the corresponding phases of the project. Construction of the mixed-use component of the development adjacent to SW 10t" Street, which will contain the employment training center aspect of the project to begin construction in 2010. #2.8: West Settlers Historic District/Spady Museum Background In 1996, the City of Delray Beach created a fifth historic district called the West Settlers Historic District. The area, north of West Atlantic Avenue and bounded on the east by NW 3rd Avenue, on the west by NW 5th Avenue, and on the north by NW 2nd Street (MLK, Jr. Blvd.), is the site of Delray's first churches, Mount Olive Missionary Baptist Church, St. Paul's AME Church (originally Mt. Tabor Church), and the House of God, and Delray's first pioneer family settlement. Many homes in the area date from the early 1900's. A non-profit community organization called "Expanding and Preserving Our Cultural Heritage" ("EPOCH") was formed in 1995 by Delray residents to promote preservation and a cultural museum. EPOCH was instrumental in assisting the City in the creation of the historic district. EPOCH also promoted and assisted with the establishment of amulti-cultural museum on NW 5th Avenue in the heart of the district. The cultural museum is the former home of Solomon Spady, Palm Beach County's first African American school principal. The Spady house was purchased by the City in 1997, and the CRA purchased a vacant lot adjacent to the Spady house and subsequently gave it to the City. The CRA and EPOCH applied, in 1997, for a grant to develop the Spady house into amulti-cultural museum. Both the City and the CRA provided a "seed" grant to develop a plan for the museum. In 1997, the State of Florida awarded the CRA, on behalf of EPOCH, an historical preservation grant to remodel the Spady Museum in the amount of $150,000. In 1999, Palm Beach County awarded the Spady Museum a grant of $100,000. Together with these grants and grants from the City and CRA, the Spady Museum's first phase funding amounted to $400,000. The CRA administered the grants and oversaw the construction work. In 1999, the CRA moved a historic Arts & Crafts style Bungalow to the Spady site. The house, called the "Williams House" will provide space for cultural programs for children and others. Expansion plans include potential acquisition of the property located at 182 NW 5t" Avenue which is adjacent and to the north of the Museum to provide additional space for office and administrative functions. The CRA wishes to encourage the redevelopment within the historic district of both residential and commercial structures while maintaining the historic character of the neighborhood. NW 5th Avenue is the historic, commercial corridor in the district. The inventory of historic homes in the district has been significantly reduced over time as structures fell into disrepair and were demolished. There is a need to provide for the preservation of the remaining 70 homes whenever feasible. In addition, the vacant lots in the neighborhood could be used as sites for displaced historic houses resulting from redevelopment throughout the CRA district. In 2003 the CRA established the West Settler's Advisory Board, acommunity-based board that advises the CRA on activities and funding priorities for the district. The CRA also created a grant program to aid in the restoration of the remaining historic properties in the area. There have been a total of 13 applications received and reviewed by the advisory board. In 2004 the CRA acquired the La France Hotel, a historic structure that in the days of segregation was the only hotel in town where minorities could stay. It is located at 140 NW 4t" Avenue. The hotel has since been restored and expanded upon to accommodate a total of 14 units including 8 studio apartments and 6 one bedroom apartments for low income senior housing. The ribbon cutting ceremony commemorating this occasion was held on November 15, 2007. Another historically contributing structure owned by the CRA is the Franklin House, located at 120 NW 4t" Avenue. In December of 2007, the West Settlers Advisory Board met to review the feasibility of saving the structure from both a practical and economic perspective. Both public and private sources of funding are being considered. The CRA also obtained ownership of the property located at 133 NW 5t" Avenue in 2006. The two-story concrete block and stucco, multi-family structure was designed by architects Samuel Ogren and Charles Toth and constructed in 1959 originally contained nine apartments and one office located on the ground floor. The building has recently been redeveloped and transferred to the City of Delray Beach for the purposes of providing affordable housing in the community. Additional projected redevelopment efforts in the area include two mixed use redevelopment projects located at 135 NW 5t" Avenue and 82 NW 5t" Avenue. Proiect Objectives • Elimination of blighting influences. • Redevelopment of a historic commercial area. • Promote historic preservation and maintain the historic character of the neighborhood. • Encourage a mix of income groups in the residential areas. • Provide sites for historic houses displaced by redevelopment. • Increase economic activity for the West Atlantic area through the establishment of a multi- cultural center. • Increase public and private parking to serve the cultural institutions as well as the private development. Proiect Description • CRA will purchase vacant lots for use for new, low/moderate income housing and for sites for historic homes displaced by redevelopment in the CRA district. • CRA will assist EPOCH and the City in operating and expanding the multi-cultural historic museum and related facilities. • CRA will use various grant programs to promote redevelopment of residential and commercial structures. • Preservation of the La France Apartments as housing for low income elderly. • Acquisition of property along and adjacent to NW 5t" Avenue for redevelopment and parking. 71 Project Participants and Administration • Some aspects of the project will be administered by the CRA; in other cases the CRA will assist the City and other entities in the implementation. • Other participants may include, but are not limited to, the City, EPOCH, WARC, WATT, the West Settlers Advisory Board, the churches in the district, private property owners, and others. Funding Sources • CRA will fund the acquisition of vacant lots for parking, redevelopment, and historic home preservation. • City and CRA will assist, to the extent feasible, the continued development of the Spady Museum and related facilities. • CRA's, Business Development Program, Site Assistance Program and West Settler's Grant Program are available to provide assistance to private property owners. • Other sources of funding may come from grants and private investment. Project Schedule • The project began in FY 1996/1997. • Rehabilitation and expansion of the La France project was completed in 2007. • Grants for rehabilitation of historic structures are ongoing. #2.9: Affordable/Workforce Housing Program Background The Community Redevelopment Agency began to address the issue of affordable housing in 1992, focusing on the development of infill housing on the numerous vacant lots located in the neighborhoods north and south of West Atlantic Avenue. In 1995 the CRA became a partner in the Renaissance Program, which provides single family homes for first time buyers. This program has been extremely successful, resulting in the delivery of more than 170 homes to low and moderate income families. However, in recent years the supply of available vacant lots began to dwindle and land values escalated significantly as a result of redevelopment activity in the neighborhoods and surrounding areas, making it increasingly difficult to deliver affordable housing to eligible families through this program. In addition, the program used down payment subsidies to help make the homes affordable. The subsidies were subject to a mortgage that restricted the resale of the homes for a designated time period (10 years), after which the owners could sell the homes at market value. Eventually these homes were no longer affordable to low/moderate income households, and the amount of the subsidy necessary to bridge the gap between what a buyer could pay and the price of the average home continued to increase. When work began in 2000 on creating a Downtown Master Plan to address redevelopment from I-95 to the beach, participants in the process cited the rising cost of housing as a major concern. Redevelopment efforts in the central part of the downtown had already resulted in substantially higher land values and rents, which had spread beyond the commercial area into the surrounding neighborhoods. In anticipation of the Downtown Master 72 Plan leading to a similar outcome for the West Atlantic area, a subcommittee was formed to address the issue of affordable housing. This group of residents and staff people, who were assisted by the FAU/FIU Joint Center, met on a regular basis to examine methods used by other cities to create affordable housing. Those meetings resulted in a publication by FAU/FIU entitled "Development Without Displacement", which outlined a number of programs and approaches that could be implemented to maintain affordability throughout the redevelopment process. The subcommittee was particularly impressed by results that had been achieved in other cities through the creation of Community Land Trusts (CLT). CLTs ensure long term affordability by continuing to own the land that the units are built on, thereby taking escalating land costs out of the equation. Owners are limited in the amount of return they can receive from their homes upon resale, which also helps to keep costs low. In 2006 the Delray Beach Community Land Trust (DBCLT) was established, and is governed by a nonprofit board comprised of community stakeholders, DBCLT homeowners, and representatives from organizations involved in the delivery of affordable housing. The CRA donated land and provides significant administrative dollars to operate the DBCLT. Another method of increasing the supply of affordable and workforce housing is to provide incentives to developers to encourage them to build affordable units. This can be achieved through measures such as density bonuses, whereby permission is granted to build additional units provided that some of the units are made available to low/moderate income households. This approach was supported by the participants working on the development of the Southwest Neighborhood Plan, to be applied to the RM-zoned area south of Atlantic Avenue to SW 2nd Street. In December of 2004 the City adopted the "Family Workforce Housing Ordinance" providing for density bonuses in the southwest neighborhood, including the Carver Estates property. This ordinance was later amended to expand the areas eligible for the density bonuses to other multi-family zoned areas of the City. In several instances the CRA has combined its objective of eliminating slum and blight with its goal to ensure an adequate supply of decent affordable housing by purchasing neglected multi-family buildings and renovating them. Two buildings on NW 5t" Avenue are undergoing renovation and will be available to low/moderate income households. A third, the La France Apartments (formerly La France Hotel) has been completely renovated and expanded to provide housing for low income elderly tenants. The CRA also provided funding to the Housing Authority to purchase property for the redevelopment of the Carver Estates public housing project, and is also participating in the costs of off-site infrastructure improvements associated with that project (now known as the Villages of Delray). As redevelopment continues on West Atlantic Avenue and into the northwest and southwest neighborhoods, affordable housing issues will need to be addressed in a variety of ways and through partnerships with other agencies and entities. Program Objectives • Stabilize and preserve neighborhoods through redevelopment and the elimination of blight. • Provide decent, affordable/workforce housing for residents who are of very low to moderate income level. • Assist homeowners in relocating as a result of CRA redevelopment projects and land acquisition. • Create housing opportunities for a mix of ages and income levels within the CRA district. • Encourage the creation of affordable housing by the private sector. 73 Proiect Descriation • Establish partnerships with other agencies and entities such as the City of Delray Beach, the Delray Beach Housing Authority, the Delray Beach Community Land Trust and others as appropriate to combine land, funding, and other resources for affordable/workforce housing delivery. Acquire property for the construction of new affordable/workforce housing, to be developed either privately through an RFP process or by the CRA in partnership with other housing providers; acquisitions will focus primarily in the Southwest Neighborhood, where the land values and zoning offer the most feasibility for maintaining affordability; a particular focus will be the acquisition of additional properties in the 100 block of SW 14t" Avenue in order to upgrade housing conditions in the area and create new affordable housing. • Provide relocation assistance as necessary for residents displaced through the CRA's redevelopment projects. • Provide subsidies to assist income-qualified buyers in obtaining affordable housing. • Include an affordable/workforce housing component in the redevelopment of the CRA- owned properties located on the south side of W. Atlantic Avenue between SW 8t" and SW 10t" Avenues (SW 9t" Avenue properties), and at other CRA-owned locations where appropriate. • Support programs and mechanisms that ensure long term housing affordability, such as the Delray Beach Community Land Trust. • Support zoning changes and LDR amendments that will help to create affordable housing that is compatible with and complementary to adjacent neighborhoods. • Make funding available for the substantial renovation and rehabilitation of existing affordable units, particularly where such renovations include the removal of parking that backs out directly onto streets, fagade upgrades, and landscape improvements. The CRA may also provide architectural assistance and infrastructure improvements (i.e. creation of an alley to relocate parking to the rear) as a part of this program. In exchange for the assistance, owners must agree to maintain affordability over a specified time period. Proiect Participants and Administration • Participants include the CRA, the City, the Housing Authority, the DBCLT, other local nonprofit agencies, the County, and others as appropriate. • Private developers and landowners will also be involved. Funding Sources • Potential funding sources include the participants named above. Proiect Schedule • Acquisition of properties along SW 14t" Avenue is ongoing. • Delray Beach Community Land Trust established 2006 -CRA support is ongoing. • Affordable housing incentives (density bonus program) adopted in 2004; amendments to be made as needed. • RFP for the SW 9t" Avenue properties to be awarded in 2008. 74 • Additional acquisition and redevelopment of land for affordable/workforce housing to be ongoing. #2.10: Carver Square Neighborhood (For associated map, see Appendix "D"Map G) Background Carver Square is a residential subdivision within the Southwest Neighborhood that is bordered by SW 2nd Street to the north, SW 3rd Street to the south, SW 7t" Avenue to the east and SW 8t" Avenue to the west, bisected by both SW 2nd Court and SW 2nd Terrace. The subdivision comprises a total of thirty lots, each approximately 5,300 square feet in size. Engineering reports conducted in the project area indicate that there may have been a pond covering a portion of the site in the 1950's, and that the site was utilized as an informal dump in the 1960's. It appears that the area to the north of SW 2nd Court was developed in the 1960's and that the lots to the south of SW 2nd Court were developed during the mid 1970's. The area's newest homes were built in the early 1980s. Accurate and specific details as to the exact location of the dump site and pond have been difficult to obtain with the majority of information being supplied through aerial photographs, soil analysis and geotechnical research, building records as well as verbal communication with area residents and city personnel. As a result of previous land uses, the homes built on these lots began experiencing settlement issues in the mid to late 1980's. In 1988, the City of Delray Beach contracted Nutting Engineers of Florida to conduct a detailed site assessment and geotechnical investigation of the neighborhood area. The engineering report specified the conditions of the soil and the effects of the instability to the existing structures. The report also provided recommendations as to mitigation methods to prevent or at least lessen the ongoing effects of the settling soil. Since 1988, the soil has continued to settle, with the extreme cases resulting in the condemnation and razing of several homes. The condition of many of the homes reflected major soil settlement and structural damage. The majority of the houses experiencing extreme instability and structural damage were located between SW 2nd Court and SW 3rd Street. The homeowners exhausted all legal avenues of liability compensation and structural mitigation. The low to moderate incomes of these residents added to the financial burden these soil conditions have caused. In 2004 the City asked the CRA to address the conditions in Carver Square. On February 24, 2005, the CRA Board approved a purchase plan for the acquisition of both the houses and vacant lots within the designated area for the Carver Square Neighborhood (between SW 2"`' Ct. and SW 3rd St.). At the same meeting the Board directed staff to begin individual discussions with the home owners in order to determine the specific amounts and levels of assistance needed by the property owners in order to find suitable replacement housing. The discussions resulted in the development of the relocation plan which was initially approved at the April 28, 2005 meeting of the CRA Board. Under the plan the residents had until April 28, 2007 to completely vacate the premises. The plan has been implemented successfully. By the end of 2006 the vacant lots and remaining homes which had incurred structural damage as a result of settling issues were acquired by the CRA. The structures have been demolished and the soil remediation plan put into place under Florida's Brownfield Program to ultimately stabilize the sub-surface conditions. The estimated commencement date to break ground on the soil remediation is April 2008. The CRA is projected to then issue an RFP for the purposes of developing affordable single family homes on the lots. 75 Proiect Objectives • Eliminate the condition of slum and blight in the neighborhood caused by the soil settlement problems. • Provide an opportunity for the existing residents/home owners to obtain replacement housing (completed). • Remediate the affected soil area in order to provide land for future housing or green space. Proiect Description • Project is located within the affected areas including, but not limited to, the properties bordered on the north by SW 2nd Street, the south by SW 3"' Street, the east by SW 7tn Avenue and the west by SW 8t" Avenue. • Phase One included the conducting of soil tests to examine the content and stability of the soil and to assess if there are any environmental hazards. Based upon the outcome of the tests, and the estimated cost to address the problem, the CRA board decided to proceed with Phase Two. • Phase Two and Three of the project involved the determination of a strategy for addressing the problem. This Phase included: o Acquisition of damaged homes and vacant lots (refer to Appendix for map). o Home owner relocation assistance. o Site improvements and remediation of the soil utilizing stabilization materials and methods specified by geotechnical engineers. o Financial assistance in the form of loans or grants for the remediation of privately owned properties. • Phase Four will include construction of new affordable housing units as conditions allow. Protect Participants and Administration • The project will be administered and coordinated primarily by the CRA. • Participants in Phase One included the CRA, the City of Delray Beach and the Florida Department of Environmental Protection (FDEP). • Participants in Phases Two and Three included the Delray Beach Community Redevelopment Agency (CRA), the TED Center, the Delray Beach Community Development Corporation (CDC), Florida Department of Environmental Protection (FDEP) and the South Florida Regional Planning Council (SFRPC). • Phase Four participants may include the CRA, the Delray Beach Community Land Trust (CLT), the City of Delray Beach and Habitat for Humanity. Funding Sources • The CRA and the Florida Department of Environmental Protection (FDEP)-provided funding and testing services for Phase One. • Funding sources for Phase Two and Phase Three may include the CRA, City of Delray Beach, the South Florida Regional Planning Council (SFRPC), the Delray Beach Community Land Trust (CLT) and Habitat for Humanity. 76 Project Schedule Phase Two: Complete. Phase Three: Residents were relocated by the April 2007 deadline established under the relocation program. The structures have been demolished and the soil remediation plan put into place under Florida's Brownfield Program to ultimately stabilize the sub-surface conditions. • Phases Three and Four: Project scheduled for completion by 2008 -Soil remediation and transfer of the lots to the Delray Beach Community Land Trust (CLT) for affordable housing development of single family units. #2.11: Cultural Loop/Martin Luther King Jr. Drive Background The Delray Beach Cultural Loop was initiated in 2003 by Pineapple Grove Main Street, a non-profit art district, in conjunction with the Delray Beach Cultural Alliance. The purpose for establishing this route of cultural influence was to provide an opportunity to showcase the history and culture of Delray Beach in those areas both East and West of Swinton Avenue. The route generally consists of: NW 2nd Street (Martin Luther King, Jr. Drive) and NE 2nd Street to the north, NE 2nd Avenue (Pineapple Grove Way) and SE 2nd Avenue to the east, SE and SW 2nd Streets to the south, and NW and SW 5t', Avenues to the west. The idea is to develop a walking trail and riding tours to visit and become aware of the history of the people, commerce, and nature of Delray Beach contained around and near the Cultural Loop. streetscape improvements have been completed along the Cultural Loop. The most significant are the improvements to the NW/SW 5'" Avenue corridor and the Pineapple Grove Arts District. The segments of the Loop in the commercial areas are being improved as redevelopment has occurred. However, additional attention is needed along the residential segments of the Loop, especially Martin Luther King, Jr. Drive and SW 2nd Street. A related project is the beautification of the Martin Luther King, Jr. Drive corridor from the Intracoastal Waterway to the I-95 sound barrier wall. The section of the road between Pineapple Grove Way and NW 5", Avenue is included in the Cultural Loop, so there is some overlap between the projects. The MLK beautification is being spearheaded by a planning committee comprised of residents, property owners, and City and CRA staff. It is also being funded by the CRA and the City. The plan generally consists of various streetscape improvements and public art elements to signify the culture and heritage along Martin Luther King, Jr. Drive. The planning committee has segmented the project identified above into six (6) different study areas for the members to review, assess needs and provide feedback. The needs identified included public art, streetscape beautification, traffic calming, lighting, and signage. A list of priorities was then established within each of the different study areas and presented to the City's Department of Community Improvement, which will produce a conceptual plan and preliminary cost estimates. Project Objectives • Elimination of blighting influences. • Provide for better pedestrian circulation and connectivity between the cultural institutions of downtown Delray Beach. 77 • Improve on visual and aesthetic appearances of the area around established cultural icons within the downtown area of the City thus attracting pedestrian traffic to the area to stimulate economic activity. • Installation of art displays and features along the Cultural Loop. Protect Description • Improve the street appearance by beautification. • Improve pedestrian and vehicular safety through the installation of traffic calming measures as well as the installation of lighting and sidewalks, where needed. • Upgrade drainage where needed. • Acquire property along the Cultural Loop and Martin Luther King, Jr. Drive, as needed to accommodate components of the streetscape beautification plan. Project Participants and Administration • Most aspects of the project will be administered in cooperation with the City and other entities in the implementation. • Other participants may include, but are not limited to, the City, EPOCH, Delray Old School Square, Delray Beach Cultural Alliance, Delray Art Advisory Board, WARC, Pineapple Grove Arts District, the West Settlers Advisory Board, and others. Funding Sources • The City and CRA will provide funding for preparation and implementation of the plan, including any outside consulting services that are necessary. • Other sources of funding include Palm Beach County, as well as public and private grants. Project Schedule • The project began in FY 2003/2004. • Completion and approval of the of the Martin Luther King Jr. Drive streetscape beautification plan is anticipated in 2008. • Implementation of the Martin Luther King, Jr. Drive streetscape beautification is scheduled to begin in 2009. C. GROUP 3: COMMUNITY IMPROVEMENT PROGRAMS # 3.1: Curb Appeal Residential Improvement Program Background The Curb Appeal Residential Improvement Program was created in 2007 in order to address a need for property improvements in residential areas within the CRA District. The program helps eliminate slum and blighted conditions by providing financial assistance for exterior improvements to property owners in the Northwest and Southwest neighborhoods. Minor improvements, such as fresh paint, landscaping, and driveway repairs, have the potential 78 to dramatically impact the visual appearance of single-family units and their surrounding areas in a positive manner. Program Objectives • Enhance the physical appearance of residential structures within the CRA District. • Eliminate and prevent the spread of slum and blighted conditions. • Increase property values in residential neighborhoods within the CRA District. • Stimulate private investment in residential areas within the CRA District. • Stabilize residential areas within the CRA District by encouraging owner-occupancy and long-term tenancy. Program Description • Expenses for minor exterior improvements are eligible under the Program, as determined by the CRA board. • The program will be available in the Northwest and Southwest Neighborhoods of the CRA District; specific priority areas within these neighborhoods may be designated by the CRA board. • Owner-occupied and tenant-occupied single-family units that meet established requirements will be eligible to receive assistance through the program. • The CRA Board will maintain policy guidelines regarding award limits, income eligibility, eligible improvements, and designated priority areas. Program Participants and Administration • The CRA and City will collaborate to market the program in the CRA District and any designated priority areas. • The program will be fully administered by the Community Improvement Department within the City of Delray Beach. • The CRA Board will approve final grant applications and funding amounts for each grant awarded. • Other participants include contractors, property owners and the City of Delray Beach. Funding Sources • The CRA provided an initial $50,000 allocation for FY 2007/2008. • Additional program allocations will be determined annually during the budget process or at the discretion of the CRA on an as-needed basis to maintain program funding. Program Schedule • The Program was implemented in FY 2007/2008 and is ongoing. 79 # 3.2: Site Development Assistance Program Background Redevelopment projects occurring within the CRA District have the potential to greatly impact both physical and economic conditions within the greater Delray Beach community. Many publicly funded redevelopment projects, including infrastructure improvements and street beautification projects, can provide substantial benefits to an area, but additional redevelopment initiatives must be funded by the private sector. In order to promote these redevelopment efforts, the CRA allocates funds annually to provide limited financial assistance for privately funded projects. The Site Development Assistance Program acts as an incentive for site development improvement within the CRA District, including exterior building upgrades and building expansions. Program Objectives • Encourage private redevelopment initiatives by providing assistance for redevelopment of sites and buildings within the Community Redevelopment Area. Program Description • Provision of grants for partial reimbursement of expenses related to the upgrading or expansion of projects in the CRA district. • In order to assist projects that help to fulfill objectives related to the provision of affordable housing, the CRA may also provide grants to developers paid in annual installments, equal to a percentage of the Tax Increment Revenue received by the CRA due to the increased assessment on the property. • The CRA Board will maintain policy guidelines regarding grant limits, annual payment amounts (based on percentage of TIF revenue), and time frame over which grant is to be paid. • CRA grant funds can be used as a match for other grant programs, such as Palm Beach County's Development Regions Grants, when those programs are available. • Use of the allocated funds for individual projects throughout the CRA area is solely at the discretion of the CRA. 80 Amazing Creations florist (before) Amazing Creations Florist (after) Program Participants and Administration • The program is administered by the CRA. • Other participants may include, but are not limited to, the City of Delray Beach, property owners and project developers. Funding Sources • The CRA will provide the funding for the program. • Program allocations shall be determined annually during the budget process or at the discretion of the CRA. Program Schedule • Program was implemented in FY 1991/1992 and is ongoing. # 3.3: Community Activities Sponsorship Program Background Since its creation in 1985, the Community Redevelopment Agency has been asked to participate in and/or provide funding for a number of events and programs that help build a sense of community in residential neighborhoods or stimulate economic development in the business districts. Expenditures for community projects and events which further the goals of the CRA are necessary from time to time in order to maintain and promote the CRA's role in community redevelopment. Program Objectives • Maintain a positive and involved role within the community. • Further the goals of the CRA through support of and participation in community initiatives and activities. • Support events and activities that draw people to the downtown area and help stimulate economic development in the business district. Program Description • CRA will provide sponsorship funds for events and programs that further the CRA mission. • Small grants will be provided to cover a portion of the costs of an event or program benefiting and identified population in the CRA District. • Promote and sponsor community events, projects and programs which will lead to stabilization and expansion of the economic environment within commercial areas, revitalization and rehabilitation of the existing housing supply, build community pride and cohesiveness, or further other basic goals of the CRA. Program Participants and Administration • Sponsorship funds are administered by the CRA. • Other participants may include, but are not limited to, community groups and organizations, public bodies and private not-for-profit corporations. 81 Funding Sources • The CRA will provide the funding for the program. Program allocations shall be determined annually during the budget process or at the discretion of the CRA. Program Schedule • Program was implemented in FY 1991/1992 and is ongoing. # 3.4: Downtown Transit System -The "Downtown Roundabout" Background In 1985, the Atlantic Avenue Task Force presented a report to the City Commission which outlined a list of proposed physical improvements along the Atlantic Avenue Corridor. One of the improvements discussed was the use of a tram system to connect the downtown area to A1A. The notion of a downtown shuttle was further emphasized in the City's Comprehensive Plan, which states that the City and CRA will work together to establish a plan for an in-town shuttle system to serve the downtown, Tri-Rail, and the beach. In 1992 the CRA commissioned FAU/FIU Joint Center for Environmental and Urban Problems to give its recommendations on the development and operation of a trolley system in Delray. The report, entitled, "A Downtown Trolley: An Alternative Transportation Mode in the City of Delray Beach", recommended a free, three-trolley system, however funding was not available at the time to implement it. In 1995 the City worked with the Florida Department of Transportation to create a Transportation Concurrency Exception Area ("TCEA") for the downtown. The TCEA designation was necessary in order to stimulate redevelopment of the downtown without triggering a requirement for road improvements that would be impossible to implement due to right-of-way constraints. In order to provide alternative measures to mitigate traffic impacts, the City committed as part of the TCEA to a plan for inner-city transit. By providing a direct link to the rail station and the beach, a shuttle system will increase the accessibility of the downtown to the residential neighborhoods east of I-95 and others who may wish to utilize the Tri-Rail system for a day at the beach, to visit Old School Square or to shop in downtown Delray. This type of local transportation system can decrease automobile trips throughout the area by enabling people to park in centralized parking facilities downtown and travel to other sections without having to use a car. In 2004, the City was successful in obtaining a commitment of grant funds from the Metropolitan Planning Organization (MPO) for a shuttle system to run from the Tri-Rail station to the beach at various intervals, both during the week and on weekends. The CRA committed matching funds for the project. Unfortunately the grant funds required compliance with certain federal labor provisions which adversely affected the feasibility of implementing the project. The City and CRA decided to go ahead with the shuttle, and split the costs without using the grant funds. The shuttle service, which is offered to riders free of charge, currently operates with two vehicles traveling from Tri-Rail to the beach. Program Objectives • Develop an alternative means of transportation between the Tri-rail station and the beach along Atlantic Avenue. 82 • Increase market appeal of the downtown, both to visitors and to new businesses. • Limit automobile traffic trips within the downtown to increase mobility. • Provide additional transportation system for low and moderate income riders in order to facilitate employment opportunities. • Provide an alternative means of transportation in and around the downtown for the elderly. Program Description • Phase One shall be the implementation of the shuttle system for athree-year period pursuant to the stipulations in the grant agreement between the City and the MPO. • Phase Two shall be an assessment of ridership and determination of future system needs and funding sources. Program Participants and Administration • Participants in the project may include, but are not limited to, the City, CRA, and MPO. • Other participants may include the DDA and the Chamber of Commerce, Downtown Marketing Cooperative, Palm Tran, and State and Federal agencies. Funding Sources • Funding for the initial operation during the grant period shall be by the City, the CRA, and the MPO. • Funding sources for a full scale system shall be determined. Program Schedule • Phase One began in 2007 and is ongoing. • Phase Two began in 2007 and is ongoing. # 3.5: Business Development Program Background Increasing economic activity within the Community Redevelopment Area is a major objective of the overall Community Redevelopment Program. CRA investments in local business opportunities can have positive impacts on employment, the tax base, and the physical environment, all of which are positive steps toward the elimination of slum and blighted conditions. While many other CRA programs seek to increase economic activity within the CRA district, the Business Development Program focuses its efforts on generating and sustaining business activity. The primary goal of the program is to facilitate small business development and generate job growth within the Community Redevelopment Area, particularly in the West Atlantic Redevelopment Area. The program is designed to encourage and assist small businesses by subsidizing their rent during their critical first year of operation. It provides additional benefits to the local economy by reducing the amount of vacant commercial space within the area. Higher occupancy rates not only improve the overall appearance of the area, but also contribute to the 83 development of a critical mass of activity, through which individual business operations help attract customers for each other. Program Objectives • Provide economic stimulation to the area. • Increase business opportunities. • Increase employment opportunities. • Decrease vacancy rates of commercial space within the CRA District, particularly in the West Atlantic Redevelopment Area. • Reduce slum and blighted conditions. Program Description • CRA will pay a portion of the business's rent for twelve months during the first eighteen months of a multi-year lease. • The CRA Board shall maintain policy guidelines regarding types of assistance, the area served, funding limits and eligibility requirements. • In general, assistance will be reserved for uses that reinforce and further the redevelopment strategy and goals for the respective geographic sub-area and for businesses that conform to the City's Land Development Regulations. • The CRA Board maintains the right to make decisions on a case-by-case basis at its sole and absolute discretion. Program Participants and Administration • The program will be administered and coordinated by the CRA. • Other participants include Local, County, State and Federal Agencies, non-profits, private foundations, businesses and landlords. Funding Sources • The CRA will provide funding for the program. • Program allocations shall be determined annually during the budget process or at the discretion of the CRA. Program Schedule • The program was implemented in FY 1994/1995 and is ongoing. #3.6: Historic Facade Easement Program Background The preservation of historic structures in the Community Redevelopment Area is a major objective of the overall redevelopment program. Historic preservation is important both economically and culturally and can be used as a tool to eliminate slum and blighted conditions. Historic downtowns are generally more successful if their buildings are preserved, rather than demolished. A well preserved historic downtown can be marketed as a unique place for people 84 to work, shop, eat and congregate, which enhances the social and economic vitality of the area and increases the property tax base. The Historic Facade Easement Program allows the CRA to use historic preservation as a redevelopment tool. Through this program, the CRA may purchase the facade of a historic structure for a portion of the cost of exterior improvements or structure relocation. The property owner benefits by initiating exterior improvements at a fraction of the total cost. The public receives the benefit of the resulting physical improvements and the preservation of an historic structure serving as a linkage to the past. Unless located within a designated historic district, the building owner is required to designate the building as a historic site with the City of Delray Beach. The CRA retains ownership and architectural control of the historic facade in perpetuity. Through the Historic Facade Easement Grant Program, the CRA has been able to assist several business development projects throughout the District. Elwood's Diner, formerly the Flamingo Gas Station, used a $25,000 grant toward the successful renovation and adaptive re- use of the historic structure, transforming it from a defunct gas station into a restaurant. The former Masonic Lodge building on East Atlantic Avenue received a $45,000 historic facade grant, which represented 50% of the cost of rebuilding the facade. The CRA also provided three grants, for a total of $200,000, to the Delray Beach Historical Society in support of the relocation and restoration of three historic structures in the Old School Square Historic Arts District. Program Objectives • Provide economic stimulation to the CRA District. • Promote historic preservation. • Encourage infill redevelopment through the renovation of existing structures. • Encourage adaptive re-use of historic buildings. • Prevent the spread of slum and blighted conditions. • Increase employment and business opportunities. • Decrease unoccupied or underutilized commercial space within the CRA District. • Stabilize and increase the property tax base. • Strengthen the viability of historic districts within the CRA District. Program Description • Provide capital to property owners to renovate or relocate historic structures through the purchase of a facade easement, with the purchase money tied to the restoration of the 85 Former Masonic Lodge building, now Yama restaurant 1926 Bungalow restored by the Delray Beach Historical Society facade. • A property owner utilizing the program has the structure designated a historic site as set forth in the City's Land Development Regulations (Section 4.5.1), unless located within an historic district. • All historic structures within the community redevelopment area could be considered for the program including those historic structures that have been moved from outside the area. • Purchase of historic facade easements will be considered by the CRA on a case-by-case basis, subject to available funding. • Facade easement purchase money may be used as a matching fund for other grant funding. • The facade easement is superior to any mortgages. • The CRA retains architectural control over the facade in perpetuity. • The building owner is responsible for maintenance of the facade improvements. Program Participants and Administration • The program will be administered and coordinated by the CRA. • Other participants include the City, the Historic Preservation Board, and property owners. Funding Sources • The CRA will provide the funding for the program. • Program allocations shall be determined annually during the budget process or at the discretion of the CRA. • Other funding sources include public and private entities which provide grants for historic preservation. Program Schedule • The program was implemented in FY 1994/1995 and is ongoing. #3.7: Grant Administration Program Background To facilitate additional investment within the Community Redevelopment area, the CRA will apply for and administer grants which complement the redevelopment efforts of the CRA and the goals of the Community Redevelopment Plan. It is anticipated that this additional investment within the CRA district will result in increased opportunities for residents and have positive impacts on employment, housing, the tax base, and the physical environment, all of which are positive steps toward the elimination of slum and blighted conditions. Program Objectives • Provide economic stimulation to the area. • Increase business opportunities. 86 • Increase employment opportunities. • Increase housing opportunities. • Implement projects outlined in adopted Area-wide and Neighborhood Plans. Program Description The CRA may apply for, accept, provide matching funds, and/or administer grants from Federal, State, and local governmental entities, charitable foundations and groups, and other such organizations as may offer grant funds for the planning and carrying out of redevelopment efforts that support or are consistent with the purposes of the Community Redevelopment Plan. Program Participants and Administration • The program will be administered and coordinated by the CRA. • Other participants include, but are not limited to, Federal, State, and local governmental entities, charitable foundations and entities, and such other organizations as may offer grant funds, and organizations, businesses or individuals who may participate in the program to receive such grant funds. Funding Sources • Federal, State, and local governmental entities, charitable foundations and entities, and such other organizations as may offer grant funds. • At its discretion, the CRA may match grants from other entities. Program Schedule • The Program was implemented in FY 1995/1996 and is ongoing. #3.8: Delray Beach Renaissance (First-Time Homebuyers) Program See Appendix "C" for a full description of this program. The CRA's participation in the Renaissance Program was largely discontinued in 2006 as land costs increased at a rapid pace, and priorities shifted to delivering permanently affordable housing through the Delray Beach Community Land Trust. The GRA may opt to continue providing down payment subsidies as described under #2.10 Affordable/Workforce Housing Program. #3.9: Clean and Safe Program Background The downtown area, along Atlantic Avenue between I-95 and the beach, has been the central focus of a major revitalization effort for several years. The beautification of Atlantic Avenue has contributed to the overall charm of downtown Delray Beach and has added pedestrian appeal to the area. Paver brick sidewalks, decorative lighting, street furniture and landscaping have been installed to make the area more attractive. Parking structures and parking lots have been built in locations convenient to shops and restaurants. Sidewalk cafes 87 have been encouraged to enhance the downtown's appeal. Special events and marketing campaigns have helped generate large numbers of visitors to the downtown as well. This new infrastructure and the increased activity have resulted in the need for increased maintenance and public safety measures to ensure the sustainability of the downtown area. The Clean and Safe Program is designed to build upon previous efforts and set the stage for future initiatives to improve the downtown as a center of business and social activity. Proaram Objectives • Provide economic stimulation and increase investment in the downtown core. • Improve the quality of cleanliness and maintenance in the downtown, including trash removal, streetscape furniture, lighting, landscaped areas, sidewalks, etc. • Ensure public safety and improve perceptions of nighttime safety for downtown visitors. • Increase nighttime activity in the downtown area. • Enhance visual appearance of existing structures and improve pedestrian accesses to parking areas. • Strengthen the relationship between parking areas and destinations for downtown workers and visitors. Program Description The program may include, but is not limited to, the following elements: • The Clean and Safe Area is defined as one block north and south of Atlantic Avenue, from A-1-A to NW/SW 12t" Avenue, Pineapple Grove Way from Atlantic Avenue to NE 4t" Street, NW 5t" Avenue to NW 2"`' Street, and NE 4t', Avenue to NE 2nd Street. • Increased levels of landscape maintenance, lighting, code enforcement and police patrols in the downtown in order to enhance the area's appearance and increase public safety. • Improved signage for wayfinding and destination recognition. • As an enhancement to the City's CBD Alleyway Program the CRA shall coordinate with the City to develop design plans and implement additional improvements to upgrade municipal parking lots, the appearance of building facades adjacent to alleyways, and provide pedestrian access to parking through alleyways. CRA funded improvements may include, but are not limited to, landscaping, lighting, signage, trash disposal and compactor systems, and special paving where appropriate to denote rear shop entrances and pedestrian circulation, as well as assistance to property owners to improve facades that are visible from heavily trafficked alleyways. Program Participants and Administration • The program is to be primarily administered by the City of Delray Beach. • Other participants include the DDA, Chamber of Commerce, and the Downtown Marketing Cooperative. Funding Sources • The CRA is the main source of funding for the program, including City positions necessary for the achievement of established Clean and Safe goals such as police officers, code 88 enforcement officers and supervisors, and public works personnel. • CRA funding allocations shall be determined annually during the budget process or at the discretion of the CRA. • Other funding sources may include the DDA, City, Chamber of Commerce and others, as appropriate. Program Schedule • This program began in 1992 and is ongoing. • CRA funded improvements were made to two downtown Municipal parking lots (Blocks 92 & 109) in FY 1992/1993. • Renovation of the Bridge Tender's house was completed in 1993. • Downtown signage program commenced in 1999. • Funding for concentrated maintenance and safety measures began in FY 04/05. #3.10: Downtown Marketing Cooperative Background During the early 1990s, the downtown business district suffered from high vacancy rates, a shortage of pedestrian traffic, an inactive nightlife, and what was perceived to be an unsafe environment. In 1993 the City, CRA, Downtown Development Authority, and Chamber of Commerce collaborated to create the Downtown Joint Venture, which is now known as the Downtown Marketing Cooperative. The DMC creates, organizes, and manages events and programs that enhance the downtown economy by attracting visitors to the area. The Cooperative uses special committees and merchant groups as a tool to encourage downtown merchants to actively promote their businesses. Over the years, the DMC has proven to be a valuable asset to retail shops, restaurants and special events in the area. The DMC is responsible for the production of four major events each year, including the Art & Jazz on the Avenue series, the July Fourth Celebration, the 100-Foot Christmas Tree, and the "First Night" New Year's celebration. The success of the DMC has made it a benchmark in the industry of downtown promotion and organization. Many cities throughout the nation are now working toward establishing their own organizations and events, modeled after the DMC, in an effort to revitalize their downtown business districts. Program Objectives • Provide economic stimulation to the downtown area. • Support downtown merchants by providing advertising, marketing and other assistance. • Produce and support special events to attract people to the downtown area. • Promote the overall downtown area as a dining, shopping, entertainment and cultural destination. Program Description • DMC Partners provide funds, office space, and supplies for basic staffing and operations. 89 • The DMC Board of Directors will include representatives from the DDA, CRA, City and Chamber. The Board is responsible for approving budgets, expenses, programs and events. • The DMC staff will routinely communicate with merchants and community organizations by distributing printed materials, attending meetings, forming committees, and collecting input. • DMC will actively engage merchants, community organizations, event sponsors and volunteers in special event and marketing campaigns. • DMC is responsible for organizing and producing several activities each year, including Art & Jazz on the Avenue, the July Fourth Celebration, the 100-Foot Christmas Tree, and First Night. Program Participants and Administration • DMC Partners include the City, CRA, DDA, and Chamber of Commerce. • Other participants include, but are not limited to, downtown merchants, media partners, private businesses and non-profit corporations. Funding Sources • DMC Partners will allocate funding and in-kind support during the annual budget process. Partners may choose to allocate additional funds as needed at the sole discretion of each organization. • DMC staff will be responsible for securing additional funds to support special events and programs as necessary, including, but not limited to, corporate sponsorships, private grants, private donations, and in-kind services. Program Schedule • The Joint Venture was established in FY 1992/1993. • The Joint Venture became the Downtown Marketing Cooperative in FY 2005/2006 and is ongoing. ~~~. PROGRAM OF REGULATORY ACTIONS The following section describes the changes to existing City regulations that will be required to implement the Community Redevelopment Plan. Unless otherwise described below or on Figure 5, building height, density, setbacks, and site development requirements are intended to remain as they presently exist in the various City zoning districts, and future land uses are to be consistent with the City's Future Land Use Plan and the Comprehensive Plan's Future Land Use Element policies. A. Comprehensive Plan and/or Zoning Amendments • Amend the Zoning District Map from R-1-A (Single Family Residential) and RM (Medium Density Residential) to CF (Community Facilities) for various parcels located to adjacent CBD-zoned properties in the West Atlantic corridor and along NW/SW 5t" Avenue in order to provide for parking areas. These changes are to be processed on an as-needed basis concurrent with redevelopment. 90 Amend the Land Development Regulations to provide incentives to assist in transforming the Pineapple Grove Area to an Arts District, which provides employment and housing for artists. • Consider revisions to the Land Development Regulations that support innovative approaches to providing parking, such as mechanized parking systems. 91 PART FIVE: THE COST OF REDEVELOPMENT The following table contains an estimate of total public cost to the City, the County, the CRA or other agencies of the City for redevelopment projects/programs and for capital improvements within the CRA District. Cost projections for on-going long term programs are given for afive-year time period only and will be amended accordingly as this plan is continually updated. TABLE 5-1: CITY, CRA & COUNTY FUNDED CAPITAL PROJECTS AND MAJOR PROGRAMS IN CRA DISTRICT - 2008 THROUGH 2012 Pro'ect Name Public Cost Downtown -Beach Area • E. Atlantic Avenue resurfacing 92,000 • Mast arms - A1A and E. Atlantic Ave. 300,000 Downtown -Core Area • US 1 Corridor beautification & traffic calmin 5,200,000 • One-wa b pass conversion NE/SE 1St Sts. -traffic si nals 200,000 • SE 2~d St. -Swinton to FEC 348,500 • NE 2~d St. sidewalks -FEC to NE 4th Ave. 108,000 • Gladiola Pk .lot beautification SE 6th Ave> 288,000 • Old Librar Site redevelopment 315,000 • Veteran's Park master plan 45,000 Downtown -West Atlantic Avenue Area • West Atlantic Avenue beautification 2,550,000 • Cultural Loop/MLK Drive beautification 500,000 • SW 1St Ave. W. Atlantic to SW 1St St. 413,000 • Gatewa Feature 1,500,000 • Land Acquisition & Redevelopment 5,000,000 • Fire Station #1 Court and & plaza 577,500 Nei hborhoods • Osceola Park Nei hborhood traffic calmin , alle s, beautification 4,300,000 • SW Neighborhood Plan (parks, job training center, street beautification, Carver Square remediation 13,000,000 • La Hacienda trees, sidewalks 100,000 West Settlers housin renovations & relocation, streetscape 2,300,000 S. Swinton roundabout at SE/SW 4th St. 402,000 Seacrest Blvd. reconstruction 417,000 NW 1St Ave. park Cit Att .Block 80,000 Affordable Housing (CRA -donation of land, new land acquisition, subsidies, buildin acquisitions and renovations, administrative support 7,500,000 Grant pro rams CRA 1,900,000 Downtown marketin & promotions DMC & Green Market 1,800,000 Other • Dixie Hw ./U.S. 1 connector road 40,900 • Downtown Shuttle 2,000,000 • CRA nonprofit support Old School Square, Librar , Spad Museum 3,310,000 Water/Sewer improvements 12,573,000 Drains a improvements 2,699,000 CDBG Pro ram 2,300,000 TOT:1L 72,158,900 92 SOURCES OF REDEVELOPMENT FUNDING AND FINANCING The following section provides a general review of potential sources of funding for redevelopment programs, and a description of the funding sources applicable to each of the improvements or projects identified in the plan. In general, a variety of financing options are presently available to the Community Redevelopment Agency and the City of Delray Beach. Among these are the following: A. Tax Increment Revenues Tax Increment Revenue is typically the major source of funding for redevelopment projects under the State of Florida Community Redevelopment Act. This increment, which is determined annually, is equal to 95% of the difference between: the amount of ad valorem taxes levied each year by each applicable taxing authority on taxable real property within the Community Redevelopment Area; and, the amount of ad valorem taxes that would have been produced by the current millage rates prior to establishment of the Redevelopment Trust Fund. Both of these amounts are exclusive of debt service millage of the taxing authorities. The ability of the Community Redevelopment Agency to utilize this funding method requires two key actions, both of which have been implemented: • The establishment of a redevelopment trust fund as required by FS 163.387 as the repository for increment tax funds, and; • The provision, by ordinance of the City, for the funding of the redevelopment trust fund for the duration of the Community Redevelopment Plan. B. Redevelopment Revenue Bonds The provisions of F.S.163.385 allow the City of Delray Beach or Community Redevelopment Agency to issue "Revenue Bonds" to finance redevelopment actions, with the security for such bonds being based on the "anticipated assessed valuation of the completed community redevelopment." In this way, the additional annual taxes generated within the Community Redevelopment Area, the "tax increment", is used to finance the long term bond debt. Prior to the issuance of long term revenue bonds, the City or Community Redevelopment Agency may issue bond anticipation notes to provide up-front funding for redevelopment actions until sufficient tax increment funds are available to amortize a bond issue. In a September 2007 decision by the Florida Supreme Court (the "Strand" decision) concerning the use of TIF dollars for a road project in Escambia County, the court determined that a local government must hold a referendum before authorizing the use of TIF dollars to repay long-term debt. The court provided no details regarding the extent of the required referendum (whether or not it would involve residents of the CRA districts only, or residents of the City and County due to the fact that TIFs are derived from City and County tax dollars). The decision has had a chilling effect on the use of financing mechanisms for redevelopment projects. An appeal of the case was heard in October of 2007. As of the date of this plan amendment, a decision on the appeal has not been issued. If the decision stands, it is unlikely that the Delray Beach CRA would issue bonds for redevelopment purposes in the future. Holding a referendum, particularly if it is required to be County-wide, would be cost-prohibitive. 93 C. General Obligation Bonds For the purposes of financing redevelopment actions, The City of Delray may also issue General Obligation Bonds. These bonds are secured by debt service millage on the real property within the City and must receive voter approval. The existing "Decade of Excellence Program", which included many redevelopment initiatives, was funded, in part, by a $21.5 million 1990 General Obligation Bond issue, Series 1990 and 1993. In 2004 the City issued $24 million in General Obligation Bonds to fund the creation and/or improvement of a number of recreation and parks facilities throughout the City. Several of the improvements funded by these bonds involved facilities located in the CRA district, including Pompey Park, Catherine Strong Park, Old School Square and the new library. D. Special Assessment Districts The City of Delray Beach could also establish special assessment districts for the purpose of funding various neighborhood improvements within an area or for the construction of a particular project. This funding mechanism was utilized in 1994 whereby a Special Assessment District was set up so that each of the property owner's in the Banker's Row project could be assessed annually over a 10-year period for their share of the cost in the project. This mechanism was also used in association with improvements resulting from the Seacrest/Del Ida Plan and for the Pineapple Grove streetscape. The cost of the improvements in these areas was split between the City, the CRA and the property owners, who were given a choice of paying a one time assessment or making payments over a specified time period (subject to interest). E. Community Development Block Grants (CDBG) Each year the City of Delray Beach receives CDBG grant funds directly from the Federal Government to improve the area designated as the "Community Development Target Area". These CDBG monies are committed to demolition of substandard housing units, housing rehab assistance, and home ownership assistance within the target area which includes much of the Community Redevelopment Area. All of the total funds expended have been for the benefit of very low, low, and moderate income residents and assistance grants to community-based social service organizations. F. Industrial Revenue Bonds (IRB) Industrial revenue bonds may be used to finance industrial, and some commercial projects. The primary emphasis on such projects is the creation of jobs, and as a consequence speculative ventures are not normally financed by this means. Such bonds are typically issued by the County, with repayment pledged against the revenues of the private enterprise being funded. IRB's are tax exempt and consequently are typically 3 percentage points below prevailing interest rates. Such financing has been used effectively in South Florida, but has not been utilized to date to fund improvement projects within the CRA district. G. Land Sales/Leases Acquisition of property and its preparation for development are powers available to the Community Development Agency under provisions of F.S. 163. The resale or leasing of such land to private developers can provide another source of income within the Community Redevelopment Area. 94 H. Contributions and Grants Voluntary contributions by private companies, foundations, governmental entities and individuals are potential sources of income to the Community Redevelopment Agency. Although such contributions may only account for a small portion of redevelopment costs, they do provide opportunities for community participation with positive promotional benefits. Grant funds have been provided by Palm Beach County for a number of CRA projects, including NW/SW 5t" Avenue beautification, the LaFrance Apartments and 133 NW 5t" Avenue rehabilitation, and grants for economic development projects. I. Direct Borrowing From Commercial Lenders or Governmental Agencies The CRA is also authorized to fund redevelopment projects and programs through direct borrowing of funds. Depending on the particular project(s) funding requirements, the CRA may utilize both short and long term borrowing. Although terms and conditions may have a direct bearing on use of a particular commercial lending institution, the CRA will generally attempt to attain the lowest available interest rate. In 2007 the CRA entered into an agreement with the South Florida Regional Planning Council fora 3% loan to fund the soil remediation project at the Carver Square neighborhood. II. FIVE YEAR PROJECTION OF REVENUE & EXPENSES The primary funding source for CRA activities is the Redevelopment Trust Fund. This fund is the depository for all TIF revenues generated within the Community Redevelopment Area. Based on estimates of the current property valuations the rate of private new construction, it is estimated that the total tax increment revenue generated by the redevelopment area will be approximately $70.9 million over the next five year period. It should be noted that in 2007 property tax reform became a major issue of the Florida Legislature. As a result of new legislation future tax collections were rolled back to the 2006 - 2007 levels and then reduced by a specified percentage (9% for Delray Beach). This had the effect of reducing revenues for the City and County, and consequently, for the CRA. In January 2008 voters approved an amendment to the state constitution that will also have the effect of reducing local governments' property tax revenues by doubling the homestead exemption and allowing homeowners to transfer their tax savings from the 3% cap on assessments to a new home. It is uncertain how severely these tax changes and any future proposed cuts will affect the CRA's revenues, but when combined with the recent economic slowdown it is clear that the CRA will not be experiencing the kind of double-digit percentage increases in revenues that were more typical of recent years. Table 5-2 is an estimate of the CRA's projected revenues and expenditures in the coming five years. Revenue estimates have been kept flat to reflect the anticipated changes resulting from property tax legislation and the economic downturn. Since its creation in 1985, the CRA has continued to expand its redevelopment efforts into the surrounding community. In 2004 the CRA issued $10 million in tax-exempt bonds to accelerate several beautification and infrastructure projects in order to insure that such vital roadways as West Atlantic Avenue, North Federal Highway and NE and SE 1St Streets were improved and able to better serve the needs of the downtown and West Atlantic corridor. In 2006 the CRA issued bonds to secure a $7 million line of credit, which was utilized primarily to fund the construction of affordable housing units throughout the northwest and southwest neighborhoods. 95 Projections Table 5-2: CRA 5-Year Projection of Revenues 8~ Expenses Fiscal Year 07/08 08/09 09/10 10/11 11/12 Projected Assessment 1,751,096,851 1,796,164,831 1,796,164,831 1,796,164,831 1,796,164,831 Base Year Assessment 245,631,067 245,631,067 245,631,067 245,631,067 245,631,067 Tax Increment 1,505,465,784 1,550,533,764 1,550,533,764 1,550,533,764 1,550,533,764 Ad Valorem Tax 14,196,091 14,199,523 14,199,523 14,199,523 14,199,523 Revenues Tax Increment Revenues 14,196,091 14,199,523 14,199,523 14,199,523 14,199,523 Land Sales 2,963,470 2,304,000 1,500,000 1,500,000 1,500,000 Loans 3,500,000 - - - - Project Reimbursements 725,000 200,000 50,000 50,000 50,000 Property & Other Revenues 64,000 62,000 62,000 62,000 62,000 Interest Income 150,000 150,000 150,000 150,000 150,000 Total Revenues 21,598,561 16,915,523 15,961,523 15,961,523 15,961,523 Expenditures Debt Service 2,076,350 3,097,801 2,748,160 2,748,160 2,748,160 Operating Reserve - - - - - Project Expense 18,097,499 12,306,818 11,587,363 11,536,130 11,483,105 Property Expenses 191,862 175,888 162,210 162,210 162,210 General &Administrative 1,232,850 1,335,016 1,463,790 1,515,023 1,568,048 Total Expenditures 21,598,561 16,915,523 15,961,523 15,961,523 15,961,523 ~~~. FIVE-YEAR REDEVELOPMENT PROGRAM AND FUNDING ALLOCATIONS This section of the Community Redevelopment Plan provides a five-year funding program for the Planning, Redevelopment and Community Improvements programs and projects that are identified within the Plan. This five-year program is intended to serve as a guide for project implementation and to assist in cash flow management. It is not intended to replace the annual budget adopted by the CRA. Table 5-3 lists estimated project-specific net funding allocations for each CRA project. This table is for planning purposes only and is not a guarantee of expenditure of funds on a given project. Actual project allocations will be determined annually through the budget process. 96 Table 5-3: CRA 5-Year Redevelopment Programming & Funding Allocations Project Name Fiscal Year 07/08 08/09 09/10 10/11 11/12 Redevelo ment Pro ram Areawide & Nei hborhood West Atlantic Redevelo ment 2,823,000 1,108,000 958,000 1,150,000 1,550,000 Downtown-Master Plan 2,905,295 2,065,000 1,845,000 1,000,000 1,000,000 SW Nei hborhood Plan 2,876,266 2,228,000 2,300,000 2,750,000 2,750,000 N. Federal Hi hwa Redevelo ment 100,000 100,000 40,000 - - Osceola Nei hborhood Plan 802,000 602,000 200,000 50,000 - Other-Land Ac /Streets & Alle s 1,155,500 427,500 300,000 100,000 172,845 Redevelopment Pro'ects NW/SW-5th Ave Beautification 1,002,000 602.000 357,000 600,025 550,000 West Settlers Historic District 312,000 352,000 602,000 550,000 500,000 Affordable/Workforce Housin 2,454,500 2,020,000 2,010,000 2,500,000 2,000,000 Carver S uare 505,000 257,500 257,500 - Community Imp & Economic Dev Grant Pro rams 553,000 353,000 353,000 353,000 353,000 Downtown Marketin & Promo 361,523 350,500 361,525 379,601 398,581 Cit Contractual Services 1,198,860 1,157,303 1,318,668 1,384,601 1,453,831 Green Market 21,218 21,855 22,510 23,635 24,817 O erationalAssistance 1.027,337 662,160 662,160 695,268 730,031 Totals 18,097,499 12,306,818 11,587,363 11,536,130 11,483,105 * Does not include administrative, debt service, or property management expenditures 97 APPENDIX A: LEGAL DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AREA 98 Beginning at the intersection of the north right-of-way line of N.W. 4th Street and the east right- of-way line of Swinton Avenue, thence run westerly along the north right-of-way line of N.W. 4th Street to N.W. 4th Avenue; thence run westerly along the north right-of-way line of Lake Ida Road to the east right-of-way line of the E-4 Canal; thence run southwesterly along the E-4 Canal to the east right-of-way line of I-95; thence run southerly along the east right-of-way line of I-95 to the north right-of-way line of S.W. 10th Street; thence run easterly along S.W. 10th Street to the west right-of-way line of S.E. 6th Avenue (U.S. #1 northbound); thence run northerly along S.E. 6th Avenue to the north right-of-way line of S.E. 2nd Street; thence run easterly along said right-of-way line of S.E. 2nd Street, and the easterly projection thereof to the west right-of-way line of the Intracoastal Waterway; thence run northerly along the west right-of- way line of the Intracoastal Waterway to the south right-of-way line of S.E. 1st Street; thence run easterly along the easterly projection of the south right-of-way line of S.E. 1st Street to the east right-of-way line of the Intracoastal Waterway; thence run southerly along the east right-of-way line of the Intracoastal Waterway to its intersection with the westerly projection of the south right-of-way line of Miramar Drive; thence run easterly along the westerly projection of the south right-of-way line of Miramar Drive and along the south right-of-way line of Miramar Drive to the northeast corner of Lot 4 of the Williamson Deibel Subdivision, as recorded in Plat Book 18, Page 55, Palm Beach County Records; thence run southerly along the east lot line of said Lot 4 to the south line of said Williamson Deibel Subdivision; thence run westerly along the south line of said Williamson Deibel Subdivision to the east right-of-way line of Gleason Street; thence run southerly along the east right-of-way line of Gleason Street to the south line of the Dover House Condominium; thence run easterly along the south line of said Dover House Condominium to the west right-of-way line of A1A; thence run northeasterly along the west right-of-way line of A1A to the easterly projection of the north right-of-way line of Lowry Street; thence run westerly along the easterly projection of, the north right-of-way line of, and the westerly projection of the north right-of-way line of Lowry Street to the west right-of-way line of the Intracoastal Waterway; thence run northeasterly along the west right-of-way line of the Intracoastal Waterway to the centerline of the right-of-way of N.E. 1st Court; thence run westerly along the centerline of the right-of-way of N.E. 1st Court to the west right-of-way line of N.E. 7th Avenue; thence run southerly along the west right-of-way line of N.E. 7th Avenue to the south lot line of Lot 15 of Block 115 of Town of Linton Plat as recorded in Plat Book 1, Page 3, Palm Beach County Records; thence run westerly along the south lot line of said Lot 15, and the westerly projection thereof to the east lot line of Lot 5 of Block 115 of said Town of Linton Plat; thence run northerly along the east lot line of said Lot 5, and the northerly projection thereof to the southeast corner of Lot 38 of The Hofman Addition, as recorded in Plat Book 5, Page 3, Palm Beach County Records; thence run easterly along the easterly projection of the south lot line of Lot 38 to the southeast corner of Lot 49 of said Hofman Addition; thence run northerly along the east lot line of said Lot 49 and the northerly projection thereof to the northeast corner of Lot 44 of said Hofman Addition; thence run westerly along the north lot of said Lot 44 and the westerly projection thereof to its intersection with the southerly projection of the east lot line of Lot 14, McGinley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87, Palm Beach County Records; thence run northerly along the southerly projection of the east lot line of said Lot 14, the east lot line of said Lot 14, and the northerly projection of the east lot line of said Lot 14 to its intersection with the centerline of the abandoned N.E. 7th Court right-of-way; thence run easterly along said centerline of N.E. 7th Court right-of-way to the west right-of-way line of N.E. 7th Avenue; thence run northerly along N.E. 7th Avenue to the northeast corner of Lot 45, McGinley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87, Palm Beach County Records; thence run westerly along the north lot line of said Lot 45 and the westerly projection thereof to the southeast corner of Lot 59 of said McGinley and Gosman's Subdivision; thence run northerly along the east lot line of said Lot 59 and the northerly projection thereof to the north line of the Sophia Frey Subdivision, as recorded in Plat Book 4, Page 37, Palm Beach County Records, thence run easterly along the north line of said subdivision to the southwest corner of the Martell Arms Plat, as recorded in Plat Book 37, Page 133, Palm Beach County Records; thence run northerly along the west line of said Martell Arms Plat to the northwest 99 corner of said Martell Arms Plat; thence run easterly along the north line of said Martell Arms Plat to the west right-of-way line of N.E. 8th Avenue; thence run northerly along the west right- of-way line of N.E. 8th Avenue to the north line of Kenmont Subdivision, as recorded in Plat Book 20, Page 65, Palm Beach County Records; thence run easterly along the north line of said subdivision to the west line of the Denery Lane Subdivision, as recorded in Plat Book 23, Page 238, Palm Beach County Records; thence run northerly along the west line of said subdivision to the south line of La Hacienda Subdivision, as recorded in Plat Book 15, Page 6, Palm Beach County records; thence run easterly along the south line of said subdivision to the west right-of- way line of the Intracoastal Waterway; thence run northerly along the west right-of-way line of the Intracoastal Waterway to its intersection with the south town limits of the Town of Gulfstream; thence run westerly along said south town limits to the southerly projection of the east line of Delray Beach Estates, as recorded in Plat Book 21, Page 13, Palm Beach County Records; thence run northerly along the southerly projection of, and the east line of said Delray Beach Estates to its intersection with the east right-of-way line of State Road 5 (U.S. #1); thence run southerly along said east right-of-way line to its intersection with the easterly projection of the south lot line of Lot 20 of Delray Beach Estates as recorded in Plat Book 21, Page 13; thence run northwesterly along the easterly projection of the south lot line of said Lot 20, the south lot line of said Lot 20, and the westerly projection of the south lot line of said Lot 20 to the west right-of-way line of Old Dixie Highway; thence run northerly along the west right-of-way line of Old Dixie Highway to the south right-of-way line of Gulfstream Boulevard; thence run westerly along Gulfstream Boulevard to the east right-of way line of N.E. 2nd Avenue; thence run southerly along N.E. 2nd Avenue to the north right-of-way line of N.E. 8th Street; thence run westerly along N.E. 8th Street to the east right-of-way line of North Swinton Avenue; thence run southerly along North Swinton Avenue to the point of beginning. 100 APPENDIX B: FINDINGS OF NECESSITY 101 LEI J7~~ lily ,4 ~a~ ~ ~~u ~ TES QT~€ ~L1RR~Ca ~ TFm ~T~' ~ ~~Y c~r~a ,~~ ~ ego ~ ~ s4u~r ~ a ~ ~~ ~ f m. rz~ ~r~-rirre~ ~r '~ ~1 ~~L'JL Tl~E II ~L'~6C~T~ ~ ~I~i{~ ~ ~ ~ ~ ~ 41~R+~~$ ~~J.LTCQ~ 7~ R+ rr~* Y~ ~R ~ TI~E~T 7'l~~p ~+'~.io~" J4 ~~ ~7R! owwirrn r_ T~~31"~1 ~ 3~J~ J~1LS} 1~1 ~1 ~ Jl 1~$~ ~ql~ JL ~'i~i~a~ ~ ~un~v R~C~1~~~PJii~~ ~~^~'I'1J ~R~'Yi~f~a ~~ JIN 7ZYa CY~~ ~t~a ~ ~ a~ ~ ~ Gyii~ F1~Q4 h~~ ~~ ~e1t a~ ~' ~f ~i~n eed 6~L~erd e~ d did ~ ~lotldr 'J~i~e~ i~edq~ ~i3 '~ a e~ ~ wlild~ ~~ ~ ^ ~~ ~ aa~ et ~r~4 ~earnr~ ~rrr~a~e ~ ~~ ~ a ~-~ ~- ~ W~at ~rr~rrwtlan br ar ~ ~ t6r~ ~ nave h eudr ~~ ~ ~ krdra~ ~ ~ }ublle herMh. ea~~. viaal~ ae ~~rw ~ ~b~~~~~~~l~ ~.,~R ~ ~ ~~ ~ ~. ~ ad.eor eel a ~„~ ~ y o~r~ ~ a Carom~l~ i~o- ~ !ri drir ~r~+ r,~ ~Ir~ ~~ ~a ~nT eat ~ Hl'~~ TI~~'~, dE fT ~~L1T~ ~~ Tld~ ~1Tw ~'[lMI~ ~ 7FZ `STY ~ ~SEJJ.~t~L'f bZ~CI'~ 1rJ.0l~A~ ~ F~,1.~~ 1'd~'t ~ es rrrx~ ~r ~r ~rw 1~4 ~~ ~ ~ ~ ~rx~ ~ ~~ to ~b ad lair ~ rvo+ieait fnoame 4ieluih~ f6~ ^i~ir~ ~ a ~o~r~oR Iha* #~ ra~lt~tJan, ~da~ and ~ a ~v~#al3on t~r~ o~ e~ ~ ~~ I~ ~~ Ib ~ k~S~I+C ad ff~ ~MxBe ~1~ ~. ~~ ^rd ++b1~ ~ ~ e1nl~+~s ~ f~ ~ ~~ Eaed~ ~ d~a y i e^~d ~ a Came~lgr ~ J~ ~ Q4~ ad D~k~ tv ~~ Gortlr~li~ peepr~ ~ 1i1, E~rt ~ ~! the ~~. ~ ~ erg o~ the C~ ~! aike~ B iflGf~ ifw Mai '~'." ~ hX f~M~ ~ ~ a ~n ~qd ~l~~d e~~ ea domed ~ and ~dd~ the p~spa~ ead ~tarrt ~ !~ 'd~u~ ~~ 11'Jr F4et ~ ~rt ~ naDi~tSv~ >w~ M~3or~M ~ #d4rl~ ~~ ~~ P~da P ~4~ ,4~'!$~ ~ ~ ~~ m th~a the ~ # ~~ lkT~7~ 102 ~~=x ~ ra pia Ila. ~-^e ~ th^ northr inning ~t t1f^ d~t~^~li~ ~ N. ~. ~h d+t~ ~ ~ ~ ~ ocr ~r~w~^ ~ # h^r~ ^ run w*h~ir' 1+~ ij ~ III. li. ~+kh t!~^^# t o ~1. 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I Q. i ~ !'1 M ~ ~ dew wi wat~~ iii ^ai i w~ Nit ^! ~ i3s• ~ ' ~ ws~ ~ ~ t w!w^ ^~ Lit 74~ ^i^^1i iL! si t~ lrtie~ 8d 1~~~ llit~ +~ ~~~ iz ! i ^rt ig^f i ~ i~~ ~ ~ ]~aia ~~ ~R Ye= i ~ ~^t !ro^^^i ^^~~ i! ^ i w^ #~ iw~a 11ef i! w1~ !~ i i to t~ stir t ieewr ~ ~t 1 a ~ mad s ~ ~ed~ ~ ~h^ ~~ a ~. 106 APPENDIX C: COMPLETED PROJECTS 107 # 1.1: Downtown Core Geographic Area of Exception Background In November, 1990, the City of Delray Beach Planning Director made a presentation to the CRA on the 1990 Countywide Traffic Performance Standards Ordinance and its effect on the City. Under the ordinance, the City may not issue development orders for a proposed project if it adds traffic to county or state roadways, within its radius of influence, which causes total traffic to exceed the adopted Levels of Service (LOS). The ordinance does; however, include provisions for "Geographic Areas of Exception (GAE)", which allow the County to set new lower levels of service for roadways which will be impacted by development within the GAE. This means that development within the GAE is then allowed to increase traffic on area roadways beyond previously permitted levels. The City of Delray Beach proposes to establish a Downtown Core GAE in order to foster the continued development and redevelopment of the downtown area. In essence, the revitalization of the downtown is dependant upon the City's ability to attract people to the area; to live, to work and to shop. The establishment of the GAE will further the City's goals by allowing the increases in traffic which will undoubtedly occur as a result. Without the GAE, only minimal development within the downtown would be permitted. Due to its tremendous impact on overall redevelopment efforts, the CRA agreed to fund the preparation of the GAE application as well as application fees. The territory within the GAE includes the CBD zone district, west of the Intracoastal Waterway, as well as the Old School Square Historic Arts District, immediately to the west of the CBD. On March 27, 1991, the CRA hosted a workshop at the Old School Square Gym for the purpose of reaching a consensus as to the CBD development scenario to be used in the GAE application. During the course of the day, the group was presented with three development scenarios. The three scenarios, listed in order of increasing overall intensity were referred to as 1) Laissez Faire, 2) Urban Village and 3) Urban Center. Based on a series of presentations, evaluations and discussions, the group arrived at a consensus that the Urban Center Scenario was realistic and generally desirable but should be modified in order to protect the "Village by the Sea" character deemed essential to Delray Beach's preferred identity and quality of life. The final proposed development scenario is a composite entitled "Village Center". Proiect Objectives • Increase development potential and ultimately the tax base of the downtown core. • Provide the opportunity to attract major development to the downtown which may otherwise not be permitted due to traffic considerations. • Provide opportunity for economic stimulation and investment in the CBD. • Reestablishment of the downtown as an employment center. • Determine the appropriate intensity of the Downtown Core. Proiect Description • Successful completion of the GAE Application in 1991. Approval of the GAE by the Board of County Commissioners in 1992 with amendments to the County's Comprehensive Plan. • Amendment of the City's Comprehensive Plan to accommodate reduced levels of service on 108 specified roadway links. Project Participants and Administration • The project will be jointly administered by the City of Delray Beach and the CRA. Other participants may include, but are not limited to, Project Consultants, the County Commission, DDA, Reviewing Agencies, and Workshop Participants. Funding Sources • The CRA will provide the funding to retain consultants and allocate staff time to prepare the GAE application. • The CRA will provide funding for application fees. Project Schedule • Completed in FY 1991/1992 NOTE: This project became known as the Transportation Concurrency Exception Area (TCEA), which was completed by the City and CRA in conjunction with the Florida Department of Transportation. It provides relief from traffic concurrency requirements for the downtown area. The TCEA was adopted in 1995. # 1.5: "Seacrest/Del Ida Neighborhood Improvement Plan" This Neighborhood Plan was adopted by the City Commission in May of 1998 and has been substantially implemented (for additional background information and a description of the plan elements see Appendix "E", Project #2.19). Traffic calming, installation of parking lots, and removal of back-out parking has been completed, as well as the reconstruction of NE 3rd Avenue. These projects were paid for with a combination of City and CRA funding, as well as property owner contributions through the creation of a special assessment district. As of 2004, ten duplex conversions have been completed with grant assistance from the CRA. The remaining elements of the plan that will involve CRA participation include beautification of retention areas along NE 3rd Avenue; provision of landscape grants to beautify multi-family properties along NE 3rd Avenue; provision of grants to convert duplexes to single family homes throughout the neighborhood; assistance with street lighting; and beautification of areas adjacent to Plumosa Elementary School. Most of these improvements were completed in 2005- -2006. 109 # 2.1: Bankers Row Project Implementation Background Banker's Row, the 200 block of NE 1st Avenue is a downtown residential block which includes single family, rear guest cottages, and some home-occupation uses. The block is located within the Old School Square Historic Arts District which includes most of the City's oldest homes. Banker's Row includes 16 of these historic (built before 1940) residences. This project was born when, under the auspices of the Historic Preservation Board and the City's Planning Department, application was made to the Florida Department of State, Division of Historical Resources for a Preservation Grant. A $24,000 planning grant was awarded by the State with provisions for the City to allocate a matching share toward planning of the project. The Project Plan has three separate but related components. These are: a study and evaluation of the historic significance of the Banker's Row block and an analysis of the architecture of its structures; the preparation of a streetscape design plan, architectural design guidelines, and lot development guidelines; and the creation of a planning program for the private property owners of Bankers Row. The Planning was culminated by the preparation of a document entitled "BANKERS ROW - A PROGRAM FOR RE-USE & RESTORATION". Following publication of the Plan, the property owners formed a Homeowners' Association and sought funding for the project, including street improvements and a parking lot from the City. The City was unable to fund the project and subsequently the property owners requested the same from the CRA. In 1992, the CRA, City and Homeowners' Association adopted an Interlocal Tri-partite Agreement in which the Property Owners would fund $32,500 for the project, payable over 10 years; the City would fund a new water main; and, the CRA would fund the construction of the parking lot and the balance of the street improvements. The CRA completed the Banker's Row parking lot in March, 1993 and the design for the street improvements was completed in October. It is anticipated that the remaining improvements will be completed in FY 1993/1994. The Property Owners will pay 25% of the cost of the roadway improvements, up to a maximum of $32,500 through a property assessment district. Proiect Objectives • Preserve the historic structures. • Revive the historic character of Banker's Row. • Improve and enhance economic conditions through some appropriate conversions of individual properties to home occupations or nonresidential use. • Spin-off private redevelopment on adjacent blocks. Proiect Description • The City shall initiate the appropriate amendments to its Comprehensive Plan and Land Development Regulations in order to accommodate the Program. • Formation of a Banker's Row Neighborhood Association by the Residents. • Creation of a property assessment district by the City to collect moneys from the property owners to reimburse the CRA. • Project includes streetscape and Parking Lot improvements including acquisition of parking lot site. 110 • Individual property improvements will be made in accordance with Master Development Plan, at the discretion and timing of the property owners; however, the improvements are required at the time of changing from a single family or home occupation use to any other category of use. Project Participants and Administration • The City of Delray is responsible for overall implementation of the Program. • The CRA shall, through an agreement with the property owners, take the lead and contribute funds toward implementation of the streetscape/parking lot improvements in accordance with the Master Plan. • In addition to paying a portion of the streetscape costs, including engineering, the property owners shall be responsible for improvement of their individual properties. • The Historic Preservation Board shall review improvements or modifications which affect the exterior of any structures. Funding Sources • The CRA shall provide the funds for parking lot property acquisition and improvement costs. • The CRA shall provide a portion of the funds for implementation of the streetscape improvements. • The property owners, through a property assessment district, shall provide the remaining portion of the streetscape improvement and engineering costs. • The property owners shall be solely responsible for any improvements made to their individual properties. • Property owners may also qualify for participation in the CRA's Subsidized Loan Program, Business Development Program or Historic Facade Easement Program. • The City of Delray Beach will provide funding for the design/construction of water supply lines Project Schedule • Parking lot site was acquired in FY 1991/1992. • Construction of parking lot in 1993 (Complete March 1993). • Formation of Property Owners Special Assessment District in 1993. • Construction plans for street Improvements were completed in 1993. • Completion of streetscape improvements in 1994. #2.2 Pineapple Grove Main Street Program Background This program represents the implementation of several strategies contained within the Pineapple Grove Neighborhood Plan. It is also an expansion of previous City and CRA efforts to improve the environment along the major retail corridor of the Neighborhood. In August, 111 1989, the City Commission approved a streetscape program for Pineapple Grove Way. Improvements included the creation of landscape intersection nodes, street trees within the sidewalks, and four pods to accommodate previously commissioned sculptures. In 1990, as an outgrowth of the City's program, the CRA funded the preparation of a prototype design for the 100 block of Pineapple Grove Way, including additional streetscape and facade improvements. When the block design was completed, preliminary estimates indicated that the overall construction cost of the proposed improvements would be very expensive. Although the neighborhood was generally enthusiastic and supportive of the plan, the downturn in the economic climate of the early 90's made it impossible for the CRA to secure the required financial commitments from the businesses within the 100 block to participate in the program. Subsequently, the CRA was forced to put the project on hold. In 1992, the City completed the streetscape improvements to Pineapple Grove Way. These improvements provide the starting point for revitalization of the corridor. Another major improvement to the area was made in 1993 when the parking lot for the Publix Shopping Center was reconstructed. The new design improved the internal traffic circulation system and added a significant amount of new landscaping. In 1994, the Pineapple Grove Main Street Program was born. Under a tremendous outpouring of community support and dedication to the program, the City was awarded the Main Street Designation by the State of Florida. Under this program, the effort to revitalize Pineapple Grove Way and the surrounding area has gained new momentum. Accordingly, the CRA's approach to redevelopment will be one of support and assistance to the local Main Street Organization. The Main Street Program, organized in 1994, has been operating under a 501(c)(3), non-profit corporation. The group has accomplished several important plans and programs which include the establishment of committees to deal with organization, design, economic restructuring, and marketing. In 1996, the organization held a weekend charrette and developed the first draft of a street master plan for NE 2nd Avenue. The organization completed a master plan for its district in 1998 which was approved by the CRA and the City. The plan calls for significant beautification, construction of parking lots, and infill, mixed-use development. Other accomplishments include additional art in public places, new street signs, special events, and more. In 1996, the City of Delray Beach established its second police substation, locating the station adjacent to the Pineapple Grove Main Street office on NE 2nd Avenue. Together with the CRA and others, the organization proceeded with the first phase of its master plan to construct the entry to the district at NE 2nd Avenue and East Atlantic Avenue. In 2000, Pineapple Grove Main Street held the ribbon cutting for its first entry arch located near the intersection of NE 2nd Avenue and East Atlantic Avenue. In 1999, the City and CRA approved creating an assessment district on NE 2nd Avenue to assist in funding the complete beautification of NE 2nd Avenue. The City and CRA will fund approximately 2/3 of the cost and the assessment district 1/3 of the cost. Future implementation of the Pineapple Grove Main Street plan will include working with the City and CRA to construct additional public parking. Program Objectives • Physical and economic revitalization of the Pineapple Grove Main Street area. 112 • Create an epicenter for future spin off revitalization efforts within the neighborhood. • Develop street beautification on NE 2nd Avenue. • Develop a special identity for the area including entry ways to the district. • Develop public and private parking to assist with the district's growth. • Acquire strategically important properties to encourage mixed-use development, particularly housing. • Review land development codes and make changes which will encourage redevelopment. Program Description The Program may include, but is not limited to, the following elements: • Support of Pineapple Grove Main Street organization and its master redevelopment plan. • CRA assistance to the above group to develop and implement a marketing program to attract new businesses which are compatible with the overall theme of the area (i.e. arts, crafts, entertainment and education). Securing tenants for large vacant buildings shall be 1st priority. • Development of a plan to relocate nonconforming or incompatible land uses. • Work with Publix to meet its expansion needs or find suitable site for relocation. (Note: if Publix moves, then assist in finding a suitable replacement for existing space). • Work with the Post Office in its relocation or expansion efforts. • Develop a program to increase security. • Develop a program to reduce loitering and assist the homeless. • Develop a Beautification Plan for the 1st four blocks of Pineapple Grove Way, including additional streetscape and facade improvements. • Develop a funding mechanism to pay for both capital improvements and operational costs of those improvements. Create a business improvement assessment district. • Acquire key properties for redevelopment. • Work with Pineapple Grove Main Street, Inc. to develop and implement a plan for public/private parking. Program Participants and Administration • Pineapple Grove Main Street, Inc. shall generally administer and coordinate the program. • The CRA may participate through the utilization of its unique powers and financial resources as appropriate for selected elements of the Program. • Other participants may include, but are not limited to, the City of Delray Beach, the Chamber of Commerce, the DDA and Other Private Property Owners. Funding Sources • The Pineapple Grove Main Street organization has received 6 years of funding commitments from the City, CRA, DDA and local citizens. 113 • The CRA Subsidized Loan Program is available to provide additional assistance to businesses and residents who wish to improve exterior conditions of their property. • The CRA will fund the first gateway to the district at NE 2nd Avenue and East Atlantic Avenue, limited to street improvements. • The CRA and the City will fund the development of public/private parking lots. • The CRA will acquire key properties and resell to developers in order to accelerate redevelopment. Program Schedule • Implementation of the program began in FY 1993/1994. #2.2: Block 77 Redevelopment Project (Worthing Place) (For associated map, see Appendix `D"Map D) Background Since its creation, the Community Redevelopment Agency has consistently made efforts to attract new businesses into Downtown Delray Beach. The economic importance of the Downtown and the need for major attractions and nighttime activity generators was well recognized in the 1986 Community Redevelopment Plan. The City, also realizing the importance of the CBD as a vital and competitive commercial marketplace, has included several policies in its Comprehensive Plan toward achieving that end. In 1993 and 1994 the CRA acquired property on Block 85 (south side of Atlantic Avenue west of the FEC Railroad) and in 1995 issued an RFP for its redevelopment. The project resulted in a restaurant/retail/entertainment complex known as Grove Square, which restored night life to the downtown and stimulated a boom in new retail and restaurant openings on Atlantic Avenue. Despite significant redevelopment interest in the area, one large parcel fronting Atlantic Avenue in Block 77 (south side of Atlantic Avenue between SE 1St and SE 2nd Avenues) continued to decline. This parcel contains the former "Executive Mall" office building, a four-story building which was vacant and had deteriorated to the point where it became injurious to the public health and safety. Due to the extreme deterioration of this parcel and as a result of increased awarded th proposer, a CRA began efforts after Interstate 95. developer interest in the area, the CRA contemplated acquiring the balance of Block 77 and a portion of Block 78 to create a redevelopment parcel large enough to accommodate a major generator of economic development. In 1996, the CRA issued an RFP and e winning proposer the right to negotiate a contract for redevelopment. The large publisher, would have brought over 200 employees to the downtown. The proceedings to acquire the four-story structure on Block 77 but discontinued its the publisher announced its intention to move its headquarters to a site west of In 1998, the owner of the Executive Mall office building commenced refurbishment of the 42,000 square foot space. The building was successfully leased in 1999. In 1998, after losing its publishing company prospect, the CRA issued an RFP for the sale of two parcels of land on Block 77, one that had been acquired by the CRA and a parking lot owned by the City. Three 114 bidders responded in 1998, and the CRA selected the Block 77 Development Group, which had purchased additional properties on the block. Their proposal, which became known as Worthing Place, included 219 rental apartments, and approximately 12,000 sq. ft. of retail space (see rendering at left). It includes a parking garage on Block 77 for tenants and retail customers, and a separate parking garage on Block 69 (the westerly adjacent block) consisting of 207 parking spaces to serve the public and tenants of the Executive Mall building. The proposal also included a payment to the City of $100,000 to refurbish Worthing Park. In 2000, the developer received conditional use approval of the project by the City Commission and site plan approval by the Site Plan Review and Appearance Board. An adjacent property owner sued the City over the development, and the project was held up by litigation until 2004. It is now proceeding through the final platting and permitting phases. Proiect Objectives • Assemble a site large enough for a large scale project. • Assemble land for a public parking garage. • Provide economic stimulation and investment in the CBD. • Improve marketability and demand of the retail core. • Increase nighttime activity in the downtown. • Provide housing opportunities and create jobs in the downtown area. • Eliminate slum and blighted conditions. • Provide more parking in the downtown area. Proiect Description • Development of a mixed-use redevelopment project. • Phase One of the project may include, but is not limited to, land acquisitions (refer to Appendix "D"), site improvements, the solicitation of RFP's from potential buyers or tenants and sale or lease of some or all CRA property holdings on Block 77. • Phase Two may include but not be limited to the solicitation of RFP's from private developers, selection of project developers, design of the project, project economic feasibility studies, advertisement for disposition of any additional property to be acquired by the CRA for the implementation and construction of the project. • Phase Three includes but is not limited to the implementation of project development including any remaining property acquisitions and disposition of property required for the project as well as any remaining City approvals. Phase Three may also include acquisition of land for additional public parking. • Phase Four includes the construction of the project, the providing of additional structure or surface parking, renovations to Worthing Park, as well as additional infrastructure as required. Proiect Participants and Administration • Project will be administered and coordinated by the CRA. 115 • Other participants may include, but are not limited to, the City of Delray Beach and the project developer. Funding Sources • CRA provided the funding for Phases One and Two of the project. Funding sources for Phases Three and Four shall be by the developer selected for the project, the City of Delray Beach, CRA, and others as appropriate. Project Schedule • Phases One and Two were completed in 1998. • Phase Three is projected to be completed in 2004. • The schedule for Phase Four will be determined upon the completion of Phase Three. • The Phases set forth above are illustrative only and may be combined with one another as the circumstances dictate. # 2.3: Municipal Tennis Center Rehabilitation Background The CRA prepared a study in mid 1992 to determine the feasibility of rehabilitating the existing Center with possible inclusion of a stadium court to host the Virginia Slims Tennis Tournament. As a part of the Study, the CRA also held a 1-day Workshop to build a consensus within the community on if and how the tennis center property should be redeveloped. This workshop was a great success with over 60 people attending. The consensus of the group was that the Tennis Center be retained at its present location and be rehabilitated and expanded to include a stadium court and other facilities. The results of CRA's study and workshop were presented to the City Commission and the City made the decision to rehabilitate the Center. Recognizing that this project clearly achieves several major CRA goals including the elimination of blighted conditions, and the creation of significant spin-off economic benefits in the CRA area, the City requested that the CRA participate in the project's capital funding. The CRA obliged with a $481,000 commitment which may be paid over a 15-year period. In 1992, the City commenced construction of the first phase of the Tennis Center including the 3,000 seat stadium court. The upgraded Center includes adjacent residential property to the west and the old fire station # 1 site. This increased land area gives the property a corner location on N.W. 1st Avenue and West Atlantic, and provided the necessary space to add a new proshop, additional courts and the stadium court. Additionally, the new design greatly improves the overall visual appearance of the center with better linkages to Atlantic Avenue and increased landscaping. In March of 1993, the Virginia Slims of Florida held their national women's tournament. With over 80,000 people attending the event over the two-week period of the tournament, this event set a record in women's tennis. 116 Proiect Objectives • Upgrade of the existing Municipal Tennis Center. Add the necessary facilities to host the Virginia Slims Tennis Tournament and other events. • Provide a positive influence on West Atlantic Avenue redevelopment. Proiect Description • The project elements include facilities design, acquisition of additional property as needed and construction of the project. Proiect Participants and Administration • The project is the responsibility of the City of Delray Beach. Other participants may include, but are not limited to, the CRA, Design Professionals and Construction Contractors. Funding Sources • The City shall have primary responsibility for funding the improvements. • The CRA will provide $481,000 of the capital funding for construction of the project either as a lump sum payment or a yearly contribution toward the project's debt service. Proiect Schedule Phase 1 construction, including the pro-shop, stadium court and the majority of the tennis courts was completed in March 1993. Phase 2 construction, which included 4 additional courts and landscape improvements at the intersection of N.W. 1 st Avenue and Atlantic Avenue was completed in FY 1993/1994. # 2.4: Old School Square Cultural Center Background Beginning in late 1985, a group of concerned citizens established a task force to save the old schools, which the Palm Beach County School Board had planned to abandon. The 4 acre site of the Delray Beach Elementary School, containing two school buildings, a 350 seat auditorium and a gymnasium seemed to have potential, not only as an important historic preservation project, but also as an arts center benefiting Delray Beach and the surrounding communities. The Historical Society established a committee to establish the possibility of restoring all or a portion of the school complex and to locate a historical museum within the school. The committee, now Old School Square, Inc. reported its findings to the City Commission in 1987 and recommended the restoration of the facility and development of an art and cultural center. A professional feasibility study was prepared and determined the project to be feasible. Hence, engineering surveys of the existing buildings and building plans were prepared and the restoration project began in 1988. 117 The on-going restoration and development of the 6.6 million dollar center has become a source of pride to Delray Beach residents. Serving as the centerpiece of the Atlantic Avenue Business Corridor from Interstate 95 to A-1-A, the center which opened in 1990, now includes a museum, gift shop, community meeting room and a visual arts center/gallery. In order to complete the first phase of the 1926 building, which fronts on Swinton Avenue, Old School Square requested a $435,000 loan from the City in 1992 to supplement a donation by a foundation. The City agreed with the understanding that the CRA would guarantee the loan. In addition to this loan guarantee, the CRA also agreed to make the debt service payments if requested by Old School Square. In the fall of 1992, the first phase of renovations were completed on the 1926 building, which now hosts theater productions, concerts, ballets and classes. The loggia and bandstand of Old School Square, the last phase of the project, is planned for outdoor exhibits, concerts, festivals, large parties, and "Sunday in the Park" type entertainment for the enjoyment of the entire community. Project Objectives • Establish a strong cultural identity in Delray Beach. • Promote Arts and cultural activities as a means to foster increased economic development within the city center. • Provide a cornerstone for the revitalization and redevelopment of the Atlantic Avenue Business corridor and the Pineapple Grove Neighborhood. • Create an attraction for both tourist and residents to the area. Project Description • Restoration of 1913 school building as museum and visual arts center • Restoration of 1926 school building as a performing arts center and theater • Restoration of the gymnasium as a meeting hall • Addition of a loggia for outdoor exhibits, concerts, etc. Project Participants and Administration • Administration and coordination of the project is by Old School Square, Inc. • Other participants in the project include, but are not limited to, the State of Florida, the City of Delray Beach, the CRA, Delray Beach Historical Society, Private Citizens and Foundations Fundina Sources • The City of Delray Beach has contributed the bulk of the money toward this projects with over 4 million dollars invested. • The State of Florida, Division of Cultural Affairs has contributed funds toward the project. • Private donations have also been an important source of funding. • The CRA will provide funding sources through loan guarantees, loans or grants for 118 restoration of the 1926 building as an important component of the center. Proiect Schedule • The Museum Building restoration was completed in 1990. • The Gymnasium building restoration was completed in 1991. • Restoration of 1926 building was completed in 1993. • The loggia was completed in 2002. # 2.5: Blocks 28 & 36 Redevelopment Background The program for Blocks 28 and 36 involves the redevelopment of the frontage along West Atlantic Avenue for commercial purposes, and the development of the rear of Block 36 as residential multi-family. The CRA acquired the majority of the subject properties over the period between 1998 and 2000. In July of 2000, four groups submitted development proposals for the CRA-owned properties, in response to a Request for Proposals (RFP). All of the responses proposed mixed use (commercial & residential) development on the site. Three of the projects proposed a combination of retail, office, and owner-occupied residential units. The fourth proposal, which included Mt. Olive Baptist Church as a partner, contained commercial uses combined with a rental housing component. After several public hearings and workshop meetings, the CRA selected a project that includes three-story commercial buildings on the frontage of Blocks 28 & 36, and owner-occupied townhomes on the balance of Block 36. The proposal was submitted by Atlantic Grove Partners, which is comprised of a local private development company (New Urban Communities) and two local nonprofit agencies (the Delray Beach Community Development Corporation and the TED Center). Parking for the project is a combination of surface lots, two-car garages for the townhomes, and on-street parking along Atlantic Avenue, NW 3rd 4tn and 5t" Avenues, and NW 1St Street. The on-street parking spaces will be available to the general public. Proiect Objectives • Removal of slum and blighted conditions. • Provision of new housing opportunities for the area. • Provision of additional parking for the surrounding area, including the Tennis Center for special events. • Revival of the historic significance of the area, particularly to support the West Settler's Historic District. • Redevelop the blocks to take advantage of the important location relative to several public institutions, including the Tennis Stadium, the County Courthouse, the Police Station, and the Fire Station. • Increase the economic vitality of the West Atlantic commercial corridor through the attraction of new businesses. • Increase job opportunities, particularly for the residents of the surrounding neighborhood. 119 Protect Description • The redevelopment project area includes property acquired by the CRA and located within Blocks 28 and 36. Future phases may include properties within the same blocks or on adjacent blocks. • Expansion of parking facilities. • Possible_construction of additional features or expansion of the monument area to commemorate the historical importance of the area. • Development of a mixed use project with emphasis on retail on the ground floor and office and/or residential on the upper floors, and residential uses to the rear of the Block 36 frontage. • The provision of adequate parking to serve the redevelopment project. Wherever possible, shared parking should be encouraged. Project Participants and Administration • The selected development group will take the lead role in obtaining the necessary financing and governmental approvals to complete the project. • The CRA may participate through utilization of its unique powers and financial resources as it deems appropriate to implement the project. • Other participants in the project may include, but are not limited to, the City of Delray Beach, West Atlantic Redevelopment Coalition, the Delray Merchants Association, EPOCH, LISC, the churches, and the private sector. • The church shall take the lead role in any redevelopment effort related to church expansion. Funding Sources • Funding of the land acquisition and preparation of the property for sale to the developer is by the CRA. • Construction of the project is to be funded by the developer. Project Schedule • Completion of demolition and land clearing will occur by summer 2001. • The property was sold to Atlantic Grove Partners in October 2002. # 2.6: Block 60 Redevelopment Background This Block lies in a strategic location between two major redevelopment projects on Atlantic Avenue, the Municipal Tennis Center/City Hall and Old School Square. With the large sums of money involved in these two projects, it is imperative that development in this block does not detract from the overall redevelopment effort. The overall appearance of the block has been a blight to the area. Existing land uses consisted of poor quality residential duplex units, 120 vacant commercial structures, vacant property, and several single family residences, some of which are currently in a state of severe blight. Given the prime location and condition of existing property, this block is ripe for redevelopment. In fact, one of the single family residences, "Tarrimore", was acquired for conversion to ahigh-quality restaurant,-"Damiano's". In 1992, the owner of the Tarrimore property approached the CRA and suggested a redevelopment concept for the northern part of block 60. This concept included the construction of a parking lot and the conversion of one blighted single family home to commercial use. It was also anticipated that the parking lot would service the three remaining single family homes on the block if they should convert to non-residential uses. In 1993, the CRA further developed the concept for the Block. The State of Florida awarded the City a $242,800 "Historic Preservation Grant" to rehabilitate two historic structures which were originally located in the Hillcrest Neighborhood of West Palm Beach. These two historic structures were moved to their permanent site fronting Swinton Avenue in June 1994. One of the structures is currently utilized for the CRA's Offices and the other was sold to the City of Delray Beach who leased it to the State Preservation Office. Having additional governmental uses in close proximity to the City Hall complex is consistent with the City's plan of a governmental campus. The original concept fits very well into an overall redevelopment scheme for the block. This scheme contains a commercial or governmental use(s) fronting on Swinton Avenue, a common parking lot in the center of the block, and non-residential conversions of single family houses surrounding the parking lot. Another advantage of this concept is that the parking lot would also be used to meet the demands for Old School Square, the Community Center and the Tennis Center. In 1996, the CRA completed an additional parking lot, adjoining the first lot, completed in conjunction with the restoration of the two historic houses. In addition, the CRA sold a parcel of land, through the Request for Proposal process, to a developer who, in turn, constructed atwo- story, 6,000 square foot office building. The developer also purchased five parking spaces from the CRA. In 1999, a property owner on the block, Manimal Land Company, Inc., purchased eight parking spaces from the CRA in anticipation of redeveloping its two lots into a 12,000 square foot, two-story office building. Another property owner on the block, including Manimal and the restaurant owner, expressed interest in 2000 in acquiring additional parking spaces in order to expand their facilities. The CRA, in anticipation of the need by property owners for parking, condominiumized the parking lot. In addition, the City purchased, in 1996, 12 spaces for public use, particularly for the Tennis Center and Community Center, located on NW 1st Avenue. The CRA expects further development of the block by conversion of existing residential to commercial uses. Project Objectives • Elimination of blighting influences. • Redevelopment of the Block to take advantage of its prime location. • Increase in economic vitality through attraction of new business. • Expand the concept of the governmental campus. • Encourage conversion of existing single family homes to non-residential uses. 121 • Encourage historic preservation in the OSSHAD zoning district. Project Description • Redevelopment compatible with Old School Square, City Hall and the Municipal Tennis Center. • Strong pedestrian linkages to Old School Square and the Tennis Center. • Maintenance of the parking lot to serve the non-residential conversions on the block as well as the parking demands for City Hall, Old School Square, the Community Center and the Municipal Tennis Center. • In addition to providing parking the CRA may offer other incentives to facilitate the redevelopment effort. • The two historic houses which were moved from West Palm Beach and located in the project were rehabilitated and converted for public use. • Elements of the project include, but are not limited to, planning, marketing, land acquisitions, demolition, parking lot construction, sale or lease of CRA owned property, including the historic house, and construction/use-conversions. • The parking lot constructed on the project may be a municipal lot entirely for public use, may be sold or leased to private entities or may be a combination of both. Private users located in the Redevelopment Project may make arrangements to pay the CRA or other public or private entity a fee to lease or purchase enough parking spaces to meet City parking requirements for their use. Project Participants and Administration • The CRA shall be the lead agency in the acquisition of land demolition, parking lot construction and rehabilitation of the relocated historic houses. • Commercial conversion of the remaining houses surrounding the new parking lot will be administered by the private sector and the CRA. • Other participants may include, but are not limited to, the City of Delray Beach, Chamber of Commerce, Parking Management Advisory Board, the State of Florida Division of Historic Resources, West Atlantic Redevelopment Coalition, and the Delray Merchants Association. Funding Sources • The CRA and others, as appropriate, shall provide the funding for the project. • The CRA's Subsidized Loan Program, Historic Facade Easement Program and Business Development Program are available to provide additional assistance to property owners and businesses within the redevelopment project. • State of Florida Division of Historical Resources and other public or private sources dedicated to historic preservation. Project Schedule • Planning began in FY 1992/1993. • Acquisition of property and construction of parking lot began in FY 1994/1995. 122 • Relocate two historic houses to project and complete historic restoration began in FY 1994/1995. • Sale of land and parking spaces to developers by the CRA began in FY 1995/1996. # 2.7 Seacrest/Del Ida Park Neighborhood Improvement Background This Historic District, commonly known as "Del Ida Park", is bounded by N.E. 4t" Street, N.E. 8t" Street, Swinton Avenue and the F.E.C. Railroad. Zoning in the area includes "R-1-AA Single-Family Residential", "RL Low Density Residential" and "RO Residential/Office". Land uses are varied, containing a mixture of single-family and multi-family residences and professional/medical offices. The Del Ida Park area contains many historic structures and has a unique quality that is attractive to small scale office users and home occupations. With beautification and elimination of some of the blighted conditions, expansion of these types of uses in the area is likely. The medical professionals in the area are particularly interested in participating in the improvement of the neighborhood. The Seacrest neighborhood is bounded by the FEC Railroad on the east, North Swinton Avenue on the west, 8t" Street on the south, and Gulfstream Boulevard and Atlantic High School southern boundary on the north. The area is quite deteriorated on NE 3rd Avenue north of 14t" Street and contains an infiltration of duplexes and multi-family housing in an area once almost entirely single family. A significant number of homes are historic. The area north of NE Stn Street between North Swinton and NE 2nd Avenue is outside of the CRA district but is contained in the study area as a result of its geographic connectivity. In 1998, the City and CRA, together with the two homeowner associations, Seacrest and Del Ida, completed a neighborhood plan. The plan calls for beautification of streets, the beautification of the NE 3rd Avenue railroad corridor, the construction of municipal parking lots to relieve the short supply of parking in multi-family residences, and the conversion of duplexes to single-family residences. The City, CRA, and homeowners are funding the projects. Program Objectives • Implement the Seacrest/Del Ida Neighborhood Plan. • Elimination of slum and blighted conditions, particularly on N.E. 3rd Avenue and N.E. 4tn Street, and to prevent these conditions from spreading to other parts of the neighborhood. • Reduce overall densities in the neighborhood. • Encourage development and redevelopment on RO zoned property, particularly for medical offices. • Promote historic preservation. • Promote residential rehabilitation. • Increase employment and business opportunities in the area. • Improve the street appearance by beautification. • Increase open space areas, including pocket parks and landscaped areas along the railroad corridor. • Promote owner-occupied, single-family housing. 123 Program Description • Implement the Seacrest/Del Ida Neighborhood Plan. • Assist the City and homeowners with the streetscape program. • Develop and fund a program to convert duplex structures to single-family residences. • Acquisition of blighted properties within the neighborhood. Program Participants and Administration • The program will be administered and coordinated by the CRA. • The City will play a major role in the implementation of the Plan. Assistance will be obtained from various City Departments, including Planning, Community Improvement, Environmental Services, Police and Fire. • Other participants include property owners and businesses in the area. Funding Sources Implementation of certain elements of the plan will be funded through an assessment district, as well as by the CRA and the City. • Other sources may include, but are not limited to, the property owners and businesses in the area and public and private grants. • The City will provide technical support from various City Departments. Program Schedule • The program commenced in FY 1996/1997 #3.8: Delray Beach Renaissance (First-Time Homebuyers) Program Background The Community Redevelopment Agency implemented its Affordable Housing Program in March, 1992 for the purpose of providing new affordable housing units within an area of the CRA which contains a considerable number of vacant building lots. This program is also important, in that, it will enable the CRA to address the issues of relocation and housing replacement for CRA residents who may be displaced as a result of future redevelopment activity. An informal partnership was created between the County, the City, the CRA, and the Community Financing Consortium ("Consortium"), amulti-bank, non-profit financial intermediary whose purpose is to make first mortgage construction and permanent loans to builders and home buyers. The CRA's major role was to acquire vacant lots and provide soft, second mortgage financing to home buyers. In addition, the CRA, on a limited basis, agreed to provide loan guarantees to builders for model homes. In 1995, the CRA entered into a formal partnership under the "Renaissance Program" with the City, Community Financing Consortium, Delray Beach Housing Authority, and two non- profit housing sponsors, the Delray Beach Community Development Corporation and the Center for Technology, Enterprise, and Development, Inc. The partners applied for and received a grant from the Federal Home Loan Bank Association and the State HOME Program in 1995. In 124 addition, the City provides monies from its SHIP and HOME Programs. These monies are used, along with the CRA monies, for soft, second mortgages for home buyers. The CRA's major role continues to be the partner providing vacant lots for the program. The geographic area in which the program concentrates is that which is defined by the City and approved by HUD as the target area for development of low and moderate income housing. The emphasis of the program, although not limited, is to encourage single-family, fee simple home ownership. The household income target for the program is as low as under 50% of median income and as high as 120% of median income. In 1997, the CRA began using its second mortgage funds to assist homeowners living within the West Atlantic commercial corridor to move into new, affordable housing. Proaram Objectives • Provide decent, affordable housing for residents who are of low to moderate income level. • Stabilize and preserve neighborhoods through redevelopment and the elimination of blight. • Create an atmosphere for a mix of income levels within deteriorated residential areas of the CRA. • Encourage fee simple home ownership. • Assist homeowners in relocating as a result of CRA redevelopment projects and land acquisition. Proaram Description The Target Area for the Affordable Housing Program will generally be between Lake Ida Road/NE 4th Street on the north, SE/SW 10th Street to the south, I-95 to the west and Federal Highway to the east. The details of the program will be set forth in the program guidelines adopted by the CRA. Components of the program may include, but are not limited to the following: • Home Buyer Assistance (Subsidies secured by CRA soft junior mortgages). • Credit Enhancement for Builders through loan guarantees for a portion of construction loans for speculative homes. • Permanent Loan Assistance. • Home Buyer's Marketing. • Referral of prospective home buyers to other agencies which provide education on home 125 ownership and credit repair. • Architectural Design Assistance to builders, home buyers, and non-profits at minimal cost. • CRA acquisition of vacant residential lots and residences for resale and development or redevelopment (refer to Appendix "D" for Land Acquisition Map). • Technical and financial assistance to CDCs. • Apply for grants and other aid to enhance program including economic development, credit repair, beautification projects and administration. • The CRA may also provide the above services as part of a joint program between other public and private sector participants. • To supplement the program, the CRA may assist the City Police Department to improve security in the area through the purchase and rehabilitation or construction of one or more housing units within the target area for use as police substations. When these substations become unnecessary, they will be recycled as affordable housing units. • The CRA may also provide, on a temporary basis, vacant lots leased to the City or neighborhood associations for use as community gardens, open space, or neighborhood parks. • The CRA may borrow funds from other sources to acquire lots and land to develop lots for the program. Program Participants and Administration • Participants may include, but are not limited to, the CRA, private developers/homebuilders, non profit housing sponsors, home buyers, lending institutions (including the "Community Financing Consortium"), the City of Delray Beach, Palm Beach County, the Delray Beach Housing Authority, The Delray Beach Center for Technology, Enterprise & Development, Inc, the Delray Beach Community Development Corporation (a LISC organization of Palm Beach County), and other foundations, Palm Beach County Housing Finance Authority, the State of Florida Housing Finance Agency, and public/private sponsors. • The roles and the various participants will be set forth in the program guidelines adopted by the CRA. Funding Sources • Funding of the program elements for which the CRA is responsible will be provided by the CRA. • Other potential funding sources include, but are not limited to, Local, State and Federal Governmental Grants, and Private contributions. Program Schedule • Program was implemented in March 1992 and is ongoing. 126 APPENDIX D: LAND ACQUISITION MAPS 127 i ~ ~~ I I ~~~ I I ---- -__ ~ ~~ ~ O -~ ._ _~f~ 'r, I II _..__J I ___________ I I I ----J I I I I I I I I I I I I ~ I --- -- - -----°-°-~ `---J ~ _______________f____`1 I II I II I I I; I _____"________J I II I II I I II ___ _~._ ____ _.._ "-I I----J ________ 1 I II I I I. ~ I I- I_______________J~ r_______________11 I II I II I II I I_______________J ~____/ I___,._____ _.-_.____ ~ ~ ___ 1 I II I II I I ~I 1_..______..______ I I I I I I I I---------------------/ r-_____.._____._..__I _.___ .-_-___..______,. _1j .._.I I II I I II I I II I I 11 I I II I I II J I_.. _.______. _..____J ~____ _____________________I I I I 1 j I I--~________________= 1 I I I I I____________________• ___-___ r-------~r---- I II I I II I I II I ~ i=___ .s__ ..___J ~ 1 I I I I I I____________________J r_____......______. _....____~ I 1 I I I I I I I ~ I I I I I I I L..._______...___-__'...___J I I I I I 1 I I I I 1 I I ~ _____-____'_____r____ II I II I II I I I __________ ____II 1 I~ I II I II I I ._______________II____~ __.________..__ ___I ~____~ II I II I II I ____ _______ __.~ 1 _____~__________ I I ~I~ I I _________ ~~ C I ------~------I I I I I~_______________J ________ II I I II I I II I I 'II-----~-___-____J I I I I ________________ I I I I I I I I I I I I I I I I I I I ___• ~ ~ r--""-""- ~___.. _.__I I 1 I I I I I I I I I I ....J I.... _. __._......._ ~ '_____Ir________________~ I I ~~ j I I~________________J 1 I ________________ I Ir I I II I I II I I-----I I------- - --------I '----I ~______________'-I I ICI I I II 1 I II I I L_______________J I Ir--_____________ I II I I I'I I I I I I I I ~____~ I___~____~ r______. j____If________________.1 I II I I I~ I I II I I II ___.______J I II `__________I I II ~ I____II_.._____ I r__________I~_____-___/ I I I ~___-__-__-~ I I 1 I II I I :__________II I r________.__Il _ ________. I Ir _________I I I I I II I I II I __.___.____._.I 1I I Il_________J ~________________I'____' I I I I II I 1 II I I I I I I~- --II I II II I ._____!I___.__._..__J .____~ _____II_ II I i II II I I ~I I 1 I .I- _______ I I I ,,I- --I~ ~I ~I I II i i I I_____.~ _________~~ ___J I I I I I I I I I r _________I I I I I I_____________________J ___________ r----__-__ I I I I I I I I I I I 1 I I I____________________I ~'_____I _______-___ Ij __ ~_ ~ i t r ~ I r- I I ~ I r ~ I ~ __~J ~JI___----I I I I--_--' '-~""'"'I I I I I I I ~_________~ l..__.__,_J_ r------------------- I ~- - C C j________'"__"'__'____"__I I I I ~ I .__ __1 I I I I `____________________J ~ ,__..__________________I I I I I ---I r_________ ______ _ I I I I I I -__-__-__~ I----------__ C~ C--~ ~_ a This page left blank intentionally. a~ ~a~~a~ a~~a ~~ N.W. 3 z o~ ~~ 1ST A CRA B C CRA 3 z d D E F G H W E S T a a ~ ~ o 3 3 vi vi a rn 3 vi A V E N U E 3 vi I~ POTENTIAL PROJECT #1.1 -WEST ATLANTIC ACQUISITION REDEVELOPMENT PLAN N.W. 8TH - 11TH AVENUES CITY OF DELRAY BEACH, FL -MAP A.Z - PLANNING & ZONING DEPARTMENT ® NOTE: SEE REVERSE SIDE FOR LEGEND DECEMBER 2007 __ Q~ ~ ~ .~. /~/ __ UIW REF: A2 ST. 3 z ~ z A T L A N T I C PROJECT #1.1 -WEST ATLANTIC AVENUE REDEVELOPMENT PLAN N.W. 8T" - 11T" AVENUES - MAP A.2 - A 12-43-46-17-17-002-0300 ATLANTIC PINES, LOT 30 BLK 2 B 12-43-46-17-17-002-0300 ATLANTIC PINES, LOT 31 BLK 2 C 12-43-46-17-17-002-0300 ATLANTIC PINES, LOT 32 BLK 2 D 12-43-46-17-17-002-0300 WHIDDENS SUB, LOT 6 BLK 6 E 12-43-46-17-17-002-0300 ATLANTIC PINES, LOTS 6 & 7 BLK 2 F 12-43-46-17-17-002-0300 ATLANTIC PINES, LOTS 4 & 5 BLK 2 G 12-43-46-17-17-002-0300 ATLANTIC PINES, LOTS 2 & 3 BLK 2 H 12-43-46-17-16-006-0010 WHIDDENS SUB, LOT 1/LESS E. 10'/ BLK 6 I 12-43-46-17-42-010-0020 17-43-46, N. 99.4' OF E. 125' OF S. '/4 OF LOT 10 J 12-43-46-17-42-010-0010 17-46-43, S. 44.95' OF N. 144.35' OF E. 125' OF W. 150' OF S. '/4 OF LOT 10 K 12-43-46-17-42-010-0060 17-43-46, S. 45' OF N. 189.3 OF E. 125' OF W. 150' OF S. '/4 OF LOT 10 L 12-43-46-17-42-010-0100 SUB 17-46-43, N. 101' OF S. 134' OF E. 100.55' OF W. 125' & N. 16' OF S. 150' OF W. 274.18' (LESS W. 25') OF S. '/4 OF LOT 10 M 12-43-46-17-42-010-0040 17-46-43, E. 49.45' OF W. 175' OF S. 101' OF S. '/4 OF LOT 10 N 12-43-46-17-42-010-0080 17-43-46, E. 124.8' OF W. 274.8' OF N. 54.35' OF S. '/4 OF LOT 10 (LESS E. 10' R/W) O 12-43-46-17-42-010-0070 17-43-46, S. 45' OF N. 99.4' OF E. 125' OF W. 274.8' OF S. '/4 OF LOT 10/LESS E. 10' ST R/W P 12-43-46-17-42-010-0090 17-43-46, S. 45' OF N. 144.35' OF E. 124.8' OF W. 274.8' OF S. '/4 OF LOT 10 Q 12-43-46-17-22-002-0020 J.G. FENNOS SUB, LOT 2 BLK 2 R 12-43-46-17-22-002-0030 J.G. FENNOS SUB, LOTS 3,6, & 7 BLK 2 S 12-43-46-17-22-002-0010 J.G. FENNOS SUB, LOT 1 BLK 2 T 12-43-46-17-22-002-0040 J.G. FENNOS SUB, LOT 4 BLK 2 U 12-43-46-17-22-002-0050 J.G. FENNOS SUB, LOT 5 BLK 2 V 12-43-46-17-22-002-0080 J.G. FENNOS SUB, LOT 8 BLK 2 W 12-43-46-17-22-001-0101 J.G. FENNOS SUB, W. 20 FT. OF LTS 10 & 11 & E. '/ OF ABND 20T" ST ADJ TO LT 11 AS IN OR1343P357 (LESS SR 806 R/W) BLK 1 X 12-43-46-17-22-001-0030 J.G. FENNOS SUB, LOT 3 BLK 1 Y 12-43-46-17-22-001-0060 J.G. FENNOS SUB, LOT 6 BLK 1 Z 12-43-46-17-22-001-0070 J.G. FENNOS SUB, LOT 7 BLK 1 AA 12-43-46-17-22-001-0040 J.G. FENNOS SUB, LOT 4 & 5 (LESS E. 25' NW 8T" AVE R/W) BLK 1 BB 12-43-46-17-22-001-0080 J.G. FENNOS SUB, LOT 8 (LESS E. 25' NW 8T" AVE R/W) BLK 1 CC 12-43-46-17-01-004-0253 MONROE SUB, N. 51.1 S. 51.1' OF LOT 25 BLK 4 DD 12-43-46-17-01-004-0251 MONROE SUB, N. 50' OF S. 100' OF LOT 25 BLK 4 EE 12-43-46-17-01-004-0252 MONROE SUB, S. 50' OF LOT 25 BLK 4 FF 12-43-46-16-01-004-0060 N. 50' OF W. 130.44' OF W. '/ OF S. '/ BLK 4, TOWN OF DELRAY GG 12-43-46-16-01-004-0030 S. 50' OF N. 100' OF W. 130.44' OF S. '/ BLK 4, TOWN OF DELRAY HH 12-43-46-17-01-004-0260 MONROE SUB, LOT 26 BLK 4 I I 12-43-46-16-01-004-0100 N 37.5' OF W. 130.44' OF E. 155.44' OF E. '/ OF S. '/ BLK 2, TOWN OF DELRAY JJ 12-43-46-16-01-004-0010 S. 37.5' OF N. 75' OF W. 130.44' O E. 155.44' OF E. '/ OF S. '/ BLK 4, TOWN OF DELRAY KK 12-43-46-16-01-004-0070 S. 67.1' OF N. 142.1' OF W. 130.44 ` OF E. 155.44' OF E. '/ OF S'/ OF BLK 4, TOWN OF DELRAY LL 12-43-46-16-01-004-0090 W. 76' OF E. 101' OF N. 120' OF S. 140' OF E. '/ OF S. '/ BLK 4, TOWN OF DELRAY MM 12-43-46-17-22-001-0010 J.G. FENNOS SU,B LOT 1 (LESS E. 25' NW 8T" AVE R/W) & LOT 2 BLK 1 AMOCO WEST A TL AN TIC AVE. Q Q Q Q Q U Q Q Q U U U U U U U U CRA CRA CRA F ,4 CRA CRA C' B CRA ~..~ W ~ CRA Q CRA Q I Q CRA CRA CRA ~ CRA E K CRA CRA CRA L C CRA CRA M D S. W. 1ST ST. _ ~ ~ ~ o ~ a, ~ ~ ~ ~ ~ vi N PROJECT #1 1 -WEST ATLANTIC POTENTIAL . ACQUISITION REDEVELOPMENT PLAN S.W. 8TH - 10TH AVENUES CITY OF DELRAY BEACH, FL ® -MAP A.3 - PLANNING & ZONING DEPARTMENT NOTE: SEE REVERSE SIDE FOR LEGEND DECEMBER 2007 PROJECT #1.1 -WEST ATLANTIC AVENUE REDEVELOPMENT PLAN S.W. 8T" - 10T" AVENUES - MAP A.3- A 12-43-46-17-35-001-0080 BELAIR HEIGHTS, DELRAY, LOT 8 BLK 1 B 12-43-46-17-35-001-0090 BELAIR HEIGHTS, DELRAY, LOT 9 BLK 1 C & D 12-43-46-17-35-001-0140 BELAIR HEIGHTS, DELRAY, LOTS 14 & 15 BLK 1 E 12-43-46-17-35-001-0210 BELAIR HEIGHTS, DELRAY, LOT 21 BLK 1 F 12-43-46-17-42-009-0020 SUB OF 17-46-43, S. 50' OF N. 245' OF E. 147' OF E. '/ OF LOT 9 G 12-43-46-17-42-009-0010 SUB OF 17-46-43, S. 45' OF N. 290' OF E. 147' OF E. '/ OF LOT 9 H 12-43-46-17-42-002-0110 BELAIR HEIGHTS, DELRAY, LOT B BLK 2 I 12-43-46-17-42-009-0050 SUB 17-46-43, N. 50' OF S. 300' OF E. 145' OF LOT 9 J 12-43-46-17-42-009-0040 SUB 17-46-43, N. 50' OF S. 250' OF E. 145' OF LOT 9 K 12-43-46-17-42-009-0041 SUB 17-46-43, N. 50' OF S. 200' OF E. 145' OF LOT 9 L 12-43-46-17-42-009-0030 SUB 17-46-43, N. 50' OF S. 150' OF E. 145' OF LOT 9 M 12-43-46-17-42-009-0060 SUB 17-46-43, N. 75' OF S. 100' OF E. 145' OF LOT 9 FIRE STATION NO. 1 WEST ATLANTIC AVE. CRA L CRA D CRA CRA CRA CRA CRA A CRA CRA E CRA CRA CRA ~F B C CRA STe ave POTENTIAL PROJECT #1.1 -WEST ATLANTIC ACQUISITION REDEVELOPMENT PLAN © S.W. 6TH - 8TH AVENUES -MAPA.4- ciTY -- o-~ eE~cH. F~ NOTE. SEE REVERSE SIDE FOR LEGEND PLANNW( DEPARTMENT DEI;tMtitK LVV7 -- D/GITAL Bri~c MrlP SYSTEM -- MAP REF: A.a PROJECT #1.1 -WEST ATLANTIC AVENUE REDEVELOPMENT PLAN S.W. GTH _ $TH AVENUES -MAPA.4- A 12-43-46-17-02-005-0140 B 12-43-46-17-02-005-0160 C 12-43-46-17-02-005-0250 D 12-43-46-16-01-013-0090 E 12-43-46-16-01-013-0140 F 12-43-46-16-01-013-0160 SUB OF BLK 5, DERAY BEACH, LOT 14 BLK 5 SUB OF BLK 5, DERAY BEACH, LOT 16 BLK 5 SUB OF BLK 5 DERAY BEACH, LOT 25 BLK 5 TOWN OF DELRAY, S 80 FT OF N 100 FT OF E 150 FT & S 200 FT OF N300FTOFE135FTOFBLK13 S. 50' OF S. 300' OF E 135' OF BLOCK 13, TOWN OF DELRAY TOWN OF DELRAY, N 50 FT OF S 250 FT OF E 135 FT OF BLK 13 W W ~ ~ Q Q N . W. _ _ ~ ~ C RA C RA C RA ~ H C RA G F C RA E ~ ~ ~ ~Q Z ~Q P W E S T Z 1ST A T L A N T I C W Q Z ST. A V E. N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 PROJECT #1.1 -WEST ATLANTIC POTENTIAL REDEVELOPMENT PLAN ACQUISITION N.W. 6TH-7TH AVENUES ® -MAPA.5- NOTE: SEE REVERSE SIDE FOR LEGEND -- A~GYIAL B4SE ANP SYS7EA/ -- MRP REF: A.5 PROJECT #1.1 -WEST ATLANTIC AVENUE REDEVELOPMENT PLAN N.W. 6r" - 7r" AVENUES - MAP A.5 - A 12-43-46-16-01-012-0020 B 12-43-46-16-01-012-0030 C 12-43-46-16-01-012-0050 D 12-43-46-16-01-012-0040 E 12-43-46-16-01-012-0090 F 12-43-46-16-01-012-0080 G 12-43-46-16-01-012-0010 H 12-43-46-16-01-012-0260 I 12-43-46-17-01-012-0180 J 12-43-46-16-01-012-0070 E. 126' OF N. 120' OF S. 140' OF S. '/ OF BLK 12, TOWN OF DELRAY W. 50' OF E. 176' OF N. 120' OF S. 140' OF S. '/ OF BLK 12, TOWN OF DELRAY E. 50' OF W. 126' OF N. 120' OF S. 140' OF S. '/ OF BLK 12, TOWN OF DELRAY E. 51' OF W. 76' OF N. 120' OF S. 140' OF S. '/ OF BLK 12, TOWN OF DELRAY S. 67.1' OF W. 130' OF N. 142.1' OF S. '/ OF BLK 12, TOWN OF DELRAY S. 37.5' OF W. 130' OF N. 75' OF S. '/ OF BLK 12, TOWN OF DELRAY N. 37.5' OF E. 130.44' OF W. 155.44' OF W. '/ OF BLK 12, TOWN OF DELRAY MONROE SUB, LOT 26 BLK 12 MONROE SUB, LOT 18 BLK 12 N. 42.1' OF E. 130' OF S. 202.1' OF S. '/ OF BLK 12, TOWN OF DELRAY z VENUE WEST A T L A N T I C A V E AY RKS Q Q a ~ ~ ~ N O S. W. 1ST STREET N POTENTIAL PROJECT #1.1 -WEST ATLANTIC ACQUISITION REDEVELOPMENT PLAN N.W. 11TH-12TH AVENUES -MAPA.6- CITY OF DELRAY BEACH, FL NOTE: SEE REVERSE SIDE FOR LEGEND PLANNING & ZONING DEPARTMENT DECEMBER 2007 -- A~A7AL B4SE ANP SYS7EA/ -- MRP REF: A.8 PROJECT #1.1 -WEST ATLANTIC AVENUE REDEVELOPMENT PLAN S.W. 10r" - 12r" AVENUES - MAP A.6 - A 12-43-46-17-23-005-0010 ATLANTIC GARDENS DELRAY LTS 1 & 2 /LESS RD R/W/ BLK 5 Z ATLANTIC AVENUE u W E S T GATEWAY MINI PARKS Q G CRA H CRA I ~ CRA CRA ~ CRA CRA CRA CRA CRA D J CRA K CRA L CRA CRA CRA E CRA CRA M CRA S. W. Q 3 fN 3 vi S.W. f~~1i~ 11~1J ~I ATLANTIC AVE. 111111~J P S U 4J Q V Q Q 1 ST T M N 2 ND R 3 vi 3RD Q Q ST. x Y ~_ O w ST. ~' 3 3 (N N vi ST. N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 PROJECT #1.3 - S.W. NEIGHBORHOOD POTENTIAL REDEVELOPMENT PLAN ACQUISITION INFILL HOUSING AND PARKS ® -MAP B.1 - NOTE: SEE REVERSE SIDE FOR LEGEND -- OK~YTAL RISE ANP SY51EN -- MRP REF: &1 PROJECT #1.3 - S.W. NEIGHBORHOOD REDEVELOPMENT PLAN INFILL HOUSING AND PARKS - MAP B.1 - A 12-43-46-17-33-000-0080 B 12-43-46-17-33-000-0070 C 12-43-46-17-33-000-0060 D 12-43-46-17-19-002-0060 E 12-43-46-17-19-002-0090 F 12-43-46-17-28-003-0170 G 12-43-46-17-19-002-0130 H 12-43-46-17-19-002-0140 I 12-43-46-17-19-002-0150 J 12-43-46-17-19-002-0190 K 12-43-46-17-19-002-0200 L 12-43-46-17-19-002-0210 M 12-43-46-17-19-002-0240 N 12-43-46-17-28-004-0210 O 12-43-4 6-17-28-004-0220 P 12-43-46-17-28-004-0120 Q 12-43-46-17-28-004-0130 R 12-43-46-17-19-004-0140 S 12-43-46-17-18-002-0120 T 12-43-46-17-18-003-0010 U 12-43-46-17-18-002-0210 V 12-43-46-17-18-002-0220 W 12-43-46-17-23-006-0220 X 12-43-46-17-23-009-0010 Y 12-43-46-17-23-009-0020 WILLIAMS SUB, LOT 8 (LESS I-95 R/W) WILLIAMS SUB, LOT 7 (LESS I-95 R/W) WILLIAMS SUB, LOT 6 (LESS I-95 R/W) ATLANTIC PARK GARDENS, PRIEST ADD LT 6 (LESS I-95 R/W) &LTS 7&8BLK2 ATLANTIC PARK GARDENS, PRIEST ADD LTS 9 THRU 12 BLK 2 ODMANNS SUB, LOTS 17 & 18 (LESS I-95 R/W) BLK 3 ATLANTIC PARK GARDENS, PRIEST ADD LOT 13 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 14 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 15 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 19 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 20 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 21 BLK 2 ATLANTIC PARK GARDENS, PRIEST ADD LOT 24 BLK 2 ODMANNS SUB, LOT 21 BLK 4 ODMANNS SUB, LOT 22 BLK 4 ODMANNS SUB, LOT 12 BLK 4 ODMANNS SUB, LOT 13 BLK 4 ATLANTIC PARK GARDENS, PRIEST ADD LOTS 14 & 15 BLK 4 ATLANTIC PARK GARDENS, DELRAY, LOT 12 BLK 2 ATLANTIC PARK GARDENS, DELRAY, LOT 1 BLK 3 ATLANTIC PARK GARDENS, DELRAY, LOT 21 BLK 2 ATLANTIC PARK GARDENS, DELRAY, LOT 22 BLK 2 ATLANTIC PARK GARDENS, DELRAY, LT 22 BLK 6 ATLANTIC PARK GARDENS, DELRAY, LOT 1 BLK 9 ATLANTIC PARK GARDENS, DELRAY, LOTS 2 & 3 BLK 9 ~ ~ a 3 ~o S.W. 3RD CT. HAITIAN CATHOLIC 67H {` m ~ ~ SW. ST. DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX ROSEMONT PARK WATER TREA TMEN T PLAN T I~ CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 POTENTIAL PROJECT #1.3 - S.W. NEIGHBORHOOD ACQUISITION REDEVELOPMENT PLAN INFILL HOUSING AND PARKS ® -MAP B.2 - NOTE: SEE REVERSE SIDE FOR LEGEND -- OrC,YTAL ~ A(~P SYSIEI/ -- INP Rff: B.2 PROJECT #1.3 - S.W. NEIGHBORHOOD REDEVELOPMENT PLAN INFILL HOUSING AND PARKS - MAP B.2 - A 12-43-46-16-01-021-0060 B 12-43-46-16-01-021-0070 C 12-43-46-16-01-022-0010 D 12-43-46-16-01-022-0100 E 12-43-46-16-01-022-0090 F 12-43-46-16-01-022-0110 G 12-43-46-16-01-014-0010 H 12-43-46-16-01-022-0200 I 12-43-46-16-01-022-0180 J 12-43-46-16-01-015-0480 K 12-43-46-16-01-015-0520 L 12-43-46-16-01-015-0490 M 12-43-46-16-01-015-0460 N 12-43-46-16-01-023-0130 O 12-43-46-16-01-023-0250 P 12-43-46-16-01-031-0050 Q 12-43-46-16-01-031-0090 R 12-43-46-16-01-031-100 S 12-43-46-16-01-031-0180 T 12-43-46-16-01-031-0210 U 12-43-46-16-01-008-0350 V 12-43-46-16-01-008-0330 W 12-43-46-16-01-008-0320 X & 12-43-46-16-01-008-0260 AA Y 12-43-46-16-01-008-0310 Z 12-43-46-16-01-008-0270 BB 12-43-46-16-01-016-0080 CC 12-43-46-16-01-016-0110 DD 12-43-46-16-01-016-0010 EE 12-43-46-16-01-016-0011 FF 12-43-46-16-01-016-0040 GG 12-43-46-20-14-003-0100 HH 12-43-46-16-01-024-0010 I I 12-43-46-16-01-032-0310 JJ 12-43-46-16-01-032-0300 N. 50' OF S. 100' OF W. 135' OF BLK 21, TOWN OF DELRAY S. 50' OF W. 135' OF BLK 21, TOWN OF DELRAY LOT 1 BLK 22, TOWN OF DELRAY LOT 10 BLK 22, TOWN OF DELRAY LOT 9 BLK 22, TOWN OF DELRAY LOT 11 BLK 22, TOWN OF DELRAY N. 100' OF S. 235' OF E. 135' & S. 135' OF E. 218.46' (LESS N. 50' OF W. 50'), TOWN OF DELRAY W. 85' OF S. 135' OF S. '/ OF BLK 22, TOWN OF DELRAY W. 50' OF E. 200' OF S. 135' OF S. '/ OF BLK 22, TOWN OF DELRAY LOT 48 BLK 15, TOWN OF DELRAY LOT 52 BLK 15, TOWN OF DELRAY LOTS 49 TO 51 INCLUDING BLK 15, TOWN OF DELRAY LOTS 46 & 47 BLK 15, TOWN OF DELRAY TOWN OF DELRAY, LT 13 BLK 23 LOT 25 BLK 23, TOWN OF DELRAY S. 66' OF N. 216' OF E. 135' OF BLK 31, TOWN OF DELRAY TOWN OF DELRAY, S 40 FT OF N 256 FT OF E 135 FT OF BLK 31 TOWN OF DELRAY, S 50 FT OF N 300 FT OF E 135 FT OF N 1/2 OF BLK 31 S. 93' OF N. 143' OF W. 150' OF S. '/ OF BLK 31, TOWN OF DELRAY S. 78' OF N. 143' OF E. 135' OF S. '/ OF BLK 31, TOWN OF DELRAY LOTS 35 & 36 BLK 8, TOWN OF DELRAY LOTS 33 & 34 BLK 8, TOWN OF DELRAY LOT 32 BLK 8, TOWN OF DELRAY LOT 26, 29, & 30 BLK 8, TOWN OF DELRAY LOT 31 BLK 8, TOWN OF DELRAY LOTS 27 & 28 BLK 8, TOWN OF DELRAY E. 131.3' OF N. 50' OF N. '/ OF BLK 16, TOWN OF DELRAY E. 131.47' OF W. 156.47' OF S. 50' OF N. 250' OF N. '/ OF BLK 16, TOWN OF DELRAY S. '/ (LESS N. 100` OF S. 204.88' OF E. 135', S. 100' & N. 50' OF S. 150' OF W., TOWN OF DELRAY N. 50' OF S. 150' OF W. 131' OF S. '/ OF BLK 16, TOWN OF DELRAY N. 100' OF S. 204.88' OF E. 135' OF S. '/ BLK 16, TOWN OF DELRAY ROSEMONT PARK, DELRAY, LOTS 10-12 INCLUDING BLK 3 N. 190.56' OF E. 135' OF BLK 24, TOWN OF DELRAY LOT 31 BLK 32, TOWN OF DELRAY LOT 30 BLK 32, TOWN OF DELRAY ~~~~~~~ LUTHER KING JR. A DRIVE CHURCH H B ~/ACANT LOT C ~cnuRCH~ CRA CRA CRA CRA CRA I J CRA K ~ ~ ~ D N .i i N.W. 1ST G F cRA MT. OLII CRA FIRE S TA TION ~ ~ 3 AMOCO z Z Z N 0. 1 WEST _ A T L A N T I C S.W. 1ST A V E N U E SOUTH COUNTY COUR T HOUSE CRA CRA POLICE cRA COMPLEX ~ ~ ST. ~ ~~ ~ ~~ ~ POTENTIAL ACQUISITION ~ PROJECT #2.1 ® NW & SW 5TH AVENUE BEAUTIFICATION -MAPC- NOTE: SEE REVERSE SIDE FOR LEGEND CITY OF DELRAY BEACH, FL PROJECT AREA PLANNING & ZONING DEPARTMENT ~ ~ ~ ~ ~ ~ ~ - DECEMBER 2007 - ARgTAL RISE ALIP SY57E7V -- N.W. 2ND ST. ST. TEIVIVIs r,~,-r,-, ~, sTAOIUM MAP REF: MAP-C PROJECT #2.1 NW & SW 5t" AVENUE BEAUTIFICATION -MAPC- A 12-43-46-17-50-000-0010 B 12-43-46-17-50-000-0020 C 12-43-46-17-50-000-0030 D 12-43-46-16-01-019-0220 E 12-43-46-16-01-019-0230 F 12-43-46-16-01-020-0240 G 12-43-46-16-01-020-0110 MELVIN S BURD SUB, LOT 1 MELVIN S BURD SUB, LOT 2 MELVIN S BURD SUB, LOTS 3 & 4 N. 40' OF S. 106' OF W. 135' OF S. '/ BLK 19, TOWN OF DELRAY S. 66' OF W. 135' OF S. '/ OF BLK 19, TOWN OF DELRAY TOWN OF DELRAY, N 250 FT OF BK 20 (LESS S 100 FT, E 135 FT & W 135 FT) N. 50' OF E. 135' OF BLK 20, TOWN OF DELRAY H 12-43-46-17-05-000-0070 REPEAT OF PT OF BLK 27, DELRAY BEACH, LOTS 7 & 8 (LESS PT IN OR4417P 1358) I 12-43-46-17-05-000-0110 REPEAT OF PT OF BLK 27, DELRAY BEACH, LOT 11 J 12-43-46-17-05-000-0120 REPEAT OF PT OF BLK 27, DELRAY BEACH, LOT 12 K 12-43-46-16-01-027-0140 TOWN OF DELRAY, LT 14 BLK 27 L 12-43-46-16-01-027-0150 TOWN OF DELRAY, LT 15 BLK 27 M 12-43-46-16-01-027-0160 TOWN OF DELRAY, LT 16 BLK 27 N 12-43-46-16-01-021-0140 S. 90' OF N. 110' OF BLK 21/LESS W. 175', TOWN OF DELRAY O 12-43-46-16-01-021-0130 E. 50' OF W. 175' OF S. 90' OF N. 110' BLK 21, TOWN OF DELRAY P 12-43-46-16-01-021-0150 TOWN OF DELRAY, W 125 FT OF N 110 FT OF BLK 21 /LESS N 20 FT/ Q 12-43-46-16-01-021-0120 TOWN OF DELRAY, S 100 FT OF N 210 FT OF W 135 FT OF BLK 21 R 12-43-46-16-01-021-0110 TOWN OF DELRAY, S 100 FT OF N 310 FT OF W 135 FT OF BLK 21 S 12-43-46-16-01-021-0040 TOWN OF DELRAY, W 135 FT OF N 50 FT OF S 290 FT OF BLK 21 T 12-43-46-16-01-021-0060 TOWN OF DELRAY, N 50 FT OF S 100 FT OF W 135 FT OF BLK 21 U 12-43-46-16-01-021-0070 TOWN OF DELRAY, S 50 FT OF W 135 FT OF BLK 21 V 12-43-46-17-06-029-0070 RESUB OF BLK 29, DELRAY BEACH, LOTS 7 & 8 BLK 29 W 12-43-46-17-06-029-0090 RESUB OF BLK 29, DELRAY BEACH, LOT 9 BLK 29 X 12-43-46-17-06-029-0100 RESUB OF BLK 29, DELRAY BEACH, LOT 10 BLK 29 Y 12-43-46-17-06-029-0140 RESUB OF BLK 29, DELRAY BEACH, LOTS 14 & 15 BLK 29 Z 12-43-46-17-06-029-0160 RESUB OF BLK 29, DELRAY BEACH, LOTS 16 & 17 BLK 29 AA 12-43-46-17-06-029-0371 RESUB OF BLK 29, DELRAY BEACH, LOT 37 (LESS W. 70') & LOT 38 (LESS S. 15' OF W. 70') 12-43-46-17-50000-0010 BLK 29 BB 12-43-46-17-06-029-0372 RESUB OF BLK 29, DELRAY BEACH, W. 70' OF LOT 37 & S. 15' OF W. 70' OF LOT 38 BLK 29 W ~j Q a S. W. 2ND ST. A B C D E F G H I J ~_ U .2ND CT. a7 ~ ~ _ ~ ~ S.W. 2ND TERR. U S. W. 3RD ST. ~ ~ cri ~ PROJECT #2.11 N POTENTIAL CARVER SQUARE NEIGHBORHOOD ACQUISITION - MAP D - ® NOTE: SEE REVERSE SIDE FOR LEGEND CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 -- DyG/TAL BtSE ANP SY57E1/ -- NAP REF: NAP-D ~ ~ ~ ~ ~ U U U U U Q Q Q Q Q ~ ~ ~ ~ ~ U U U U U ~ ~ J ~ ~ U U U U U ~ ~ ~ ~ ~ U U U U U PROJECT #2.11 CARVER SQUARE NEIGHBORHOOD - MAP D - A 12-43-46-17-31-000-0050 CARVER SQUARE, LOT 5 B 12-43-46-17-31-000-0040 CARVER SQUARE, LOT 4 C & 12-43-46-17-31-000-0020 CARVER SQUARE, LOTS 2 & 3 D E 12-43-46-17-31-000-0010 CARVER SQUARE, LOT 1 F 12-43-46-17-31-000-0060 CARVER SQUARE, LOT 6 G 12-43-46-17-31-000-0070 CARVER SQUARE, LOT 7 H 12-43-46-17-31-000-0080 CARVER SQUARE, LOT 8 I & J 12-43-46-17-31-000-0090 CARVER SQUARE, LOTS 9 & 10 CITY OF BOYNTON BEACH I "~ I IJ IIILIllI I~ I / / s.._.A ' .,..~., o.~., . ,~,n g ~ ~ ~ ~ ~ ~ o J CF ... i~~'~ \ `~ ~. z OS ~% L € TR K oo CF ;'~ ''~ .~„~ -sue,;" ~~~atie CIT OF ~ ~ ~ TOWN OF NTON BEACH ~ GC ,w.~,. GULF STREA ~ ~ ~ I~ ~~~ CF Q O r ~ ~ ~~ - ~ MD ~~ CF ~ A A E ~ .... ~~ ~~~ R os r i o a UJJJJIWJJJ~ ~ _ - ~~/~ ~s~s~ _ g ` a LLLLd ~ ~ ~~ ~ M _o.W ~`o DTRN o0 ..., ~{~~e~~ GC ,. h ~ MD p = ~r - `~~ fir` TRN~ S Co ~ ~ ~ - ~aF... CF ..°~~F F F §~& ~ ~ ., U ~~. C v~~~ ~ ~~ ~~ ~ ~~ t ~~ ~ . ~ s MF , n ~ CF ~ CF ;C~ G~ - u~~~~ ~~ s CC ~~ OS C ~ ~ ~ ~ ~ p ®~m CC ® ~` C ~ ~ CF ~-~ ~3 ~~~ S ~. ~ d ~ \\ ~~ 3 \\ ~ ~~~ ,~lv .® ~ Fe~~y - .. ~ ~ ~~~ ~~„~ ~~ ~~~~ ~~ t~ ... ,A yLJ1LLIJJ ,,.,,. ~ ~ . .,~ CF ~~ ~~ ~~ ~N~~~N~ OS ~ ~~ p~ ,..o. r os ~ CF ~ ~ ~ ~ .m ~ ~ G~ WWWiii CF ~ 2 g~a~' CF LJ - r N ~~ .~ CF o -~~5 ~_ pS l,.,~ I~ / RNeV ~,~ s il1L1111LWsa ~' ~ J R ~ ~ I ~~ u C I ~ ~ _~ n, c ~ ~ F~ ~~' ~€ z M 0 ~g ~ ~ ~ ~g ~ ,~~o C OS ~ .,~ IN~ ~~~ x LL z x ~.,m ,«° U F^ moo, ~ ~ D ~ MD ~. ~ COMMUNITY REDEVELOPMENT AGENCY BOUNDARY ' PA E~ PUBLIC i _IT ES LD-LOW DENSITY 0.5 DU/ACRE MAPH CITV OF DELRAV a, FL PLANNING & ZONING 'TMENT DE( vIBER MD-MEDIUM DENSITY S-12 DU/ACRE iRN-TRANSITIONAL CMR-COMMERCE OS-C-OPEN SPACE, CONSERVATION CC-COMMERCIAL CORE IND-INDUSTRIAL OS-OPEN SPACE, ACTIVE OR PASSIVE GC-GENERAL COMMERCIAL OMU-OTHER MIXED USE CF-COMMUNITY FACILITIES - D/G/TAL [ - M, TEM - MAP REF: LMA12 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: FEBRUARY 25, 2008 AGENDA NO: VI. A. AGENDA ITEM: CONSIDERATION OF AMENDMENTS TO THE CRA'S COMMUNITY REDEVELOPMENT PLAN. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding proposed amendments to the Community Redevelopment Agency's (CRA) Community Redevelopment Plan. BACKGROUND The Community Redevelopment Plan establishes the projects and programs to be undertaken by the CRA in the coming years. The Delray Beach CRA's first plan was adopted in 1986 and has been amended several times since. The last amendment was adopted in January of 2005. When formally adopted by the City Commission, this latest amended plan will replace the current Community Redevelopment Plan in its entirety. At the CRA Board workshop meeting of November 27, 2007, the CRA Plan Amendment process began with an overview of the current plan and a discussion of potential changes. On January 7, 2008, the CRA held a public meeting concerning the Amendment. Approximately 35 people were in attendance. Information was presented regarding the CRA's accomplishments to date, projects and programs contained within the existing plan, and proposed changes to the plan. Overall those that attended the meeting were pleased with the progress that has been made and were supportive of the projects in the Plan. However, there were concerns with potential delays and the lack of funding for projects, especially in the areas west of Swinton Avenue, due to recent property tax reductions and the Strand decision, which restricts how CRAs may fund projects. The Board was provided an update with regard to the Plan Amendment at its workshop meeting of January 24, 2008. The CRA Board reviewed the final draft of the amended Community Redevelopment Plan at its February 14, 2008 meeting. The Board approved the amended Plan and forwarded it to the City for adoption by the City Commission. ANALYSIS The amended Plan proposes the following changes. For specific information and details of the proposed changes, please refer to the attached Plan. 1. Update of land use and sub-area information in Part II, "Existing Conditions." 2. Modification of the boundaries of Geographic Sub-areas 4 and 8 as well as changes to the description of the respective sub-areas to be consistent with the Southwest Area Neighborhood Redevelopment Plan (and corresponding changes to the data for those areas - Table 2.1 and Figure 2). VI.A. Planning and Zoning Board Memorandum Staff Report, February 25, 2008 Amendments to Community Redevelopment Plan Page 2 3. Modification of Part III, "Analysis", to reflect changes that have occurred in the various sub- areas, market conditions and development potential. 4. Changes to Part IV, "The Redevelopment Program", to: • Delete programs in which the CRA's role has been substantially completed or is no longer needed [i.e. Block 77 Redevelopment Program (Worthing Place) and George Bush Boulevard and Federal/Dixie Redevelopment]; • Transfer the Renaissance Program to Appendix C "Completed Projects": The CRA's participation in the Renaissance Program was largely discontinued in 2006 as land costs increased at a rapid pace, and priorities shifted to delivering permanently affordable housing through the Delray Beach Community Land Trust. The CRA may opt to continue providing down payment subsidies as described under #2.10 Affordable/Workforce Housing Program. • Update information on plan descriptions and programs. • Add new programs, or increase the emphasis on existing programs: ^ "The Villages" -- Carver Estates/Auburn Trace Redevelopment ^ FEC Station ^ MLK Jr. Drive/Cultural Loop ^ Clean & Safe ^ Non-Profit Support o Delray Beach Public Library o Spady Museum o Old School Square 5. Changes to Part V, "The Community Redevelopment Plan" to update all projections of revenues and expenses for the next 5-year period. 6. Update all maps to reflect current conditions and needs. Since the amended Plan does not include any projects or programs which require revisions to the Comprehensive Plan or the Future Land Use Map, it remains consistent with both. While many of the projects included in the Community Redevelopment Plan involve staff or financial participation by the City, applicable policies are already included within the Comprehensive Plan for City participation in these programs. Specific recommendations for amendments to the Land Development Regulations and for the rezoning of several parcels of land, which are included on page 88 of the Plan, can be accommodated without amending the Future Land Use Map or the Comprehensive Plan. Given the above, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. I REVIEW BY OTHERS I The Pineapple Grove MainStreet Executive Board reviewed the amendments at its February 6, 2008 meeting and endorsed the amendments. The Downtown Development Authority (DDA) reviewed the amendments at its February 11, 2008 meeting and recommended approval. Planning and Zoning Board Memorandum Staff Report, February 25, 2008 Amendments to Community Redevelopment Plan Page 3 The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its February 13, 2008 meeting and recommended approval. RECOMMENDED ACTION Move a recommendation of approval to the City Commission for adoption of the proposed amendments to the Community Redevelopment Plan by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. Attachments: • Community Redevelopment Plan s:\planning & zoning\boards\p&z board\cra plan amendment 2008.doc MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: February 28, 2008 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 ORDINANCE 12-08 PROVIDING FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE ITEM BEFORE COMMISSION The item before the Commission is Ordinance 12-08 which increases the local business tax schedule across the board by 5%. BACKGROUND Pursuant to Florida Statute Chapter 205, local business taxes may be increased by up to 5% every other year. The last increase in the local business tax schedule occurred in September of 2004. This ordinance modifies Section 110.15 by increasing all local business taxes by 5%. Over the next year, this increase woud give the City approximately $35,000 in additional revenue. RECOMMENDATION Staff recommends approval of Ordinance 12-08. ORDINANCE NO. 12-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY" OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE", TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 110.15 "Local Business Tax Schedule", of the City Code of Ordinances establishes the individual business tax required to be paid annually to the City by persons engaging in or managing transacting an occupation or profession; and WHEREAS, pursuant to Chapter 205, Florida Statutes, the City Commission has determined it to be appropriate to increase said local business tax. NOW, THEREFORE, SE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 110, "Local Business Taxes Generally', of the Code of Ordinances is amended by amending Section 110.15, "Local Business Tax Schedule", to read as follow: Sec. 110.15. LOCAL BUSINESS TAX SCHEDULE. The following enumerated individual local business taxes shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: TABLE INSET: All Fees e' Classification er $149.10 except as noted Abstracting Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. Academy of Music Adult Entertainment Advertising Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax. Advertising Agencies engaged in the business of bill posting shall pay a license tax, per year. Advertising Office, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane ~~ 24.15 Ambulance Separate from undertaking, each ~~ 84.35 Amusement Parlors or Concert Halls Apartment, Rooming Houses Per room, excluding kitchen and bathrooms ~ 6.07 Aquarium Armored Car Service Each vehicle ~~ 84.35 Art Gallery (1) Art Studio, workshop, classes (2) Artist, commercial (3) Artist material or supplies (See Merchants) (4) Artists' outdoor sale: Each sale, first day x-4-44 36.16 Each day thereafter ~~ 12.13 Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, whether or not in connection with another business charging fees, shall pay a license tax. Athletic Club, Gymnasium (Zoning) Auctioneers Auctions Auction, Real Estate Per day Automatic Amusement Machines, Games or Devices, Distributor Annual Fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this Chapter. Each machine or apparatus ~~ 60.20 Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine x-4-44 36.16 Distributor ~ 3-C-98 142.80 Automatic Weighing Machines Distributor Each machine ~~ 12.13 Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles (1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. (2) Each additional display lot. (3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1) Automatic car wash, not in connection with other business (2) Automobile association (See Insurance) (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage, in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit ~q 48.19 Each additional unit ~~ 12.13 (8) U-Drive rentals (9) Upholstering, tops, seat covers and the like (10) Automobile used parts, dealers in, used for purposes other than junk (11) Wrecker service, towing (12) Auto detailing Automobile Service Station Washing and polishing, greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance under Merchants. Automobile Service Station Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the Merchants license on other merchandise in addition to the foregoing. Baby Sitter Service ~~ 72.32 Baggage or Freight Transfer Company Bakery Wholesale and retail, each store Ballrooms for Profit Banks (National and State chartered), Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548) Bankruptcy, Closing Out, Trustee Sale (See Fire sale) Barber Shops Beach Equipment (Subject to bids to the Commission) Beauty Shops Bible, Holy--Solicitors Bicycle Shop, both retail and repair Billiard, Pool or Bagatelle Tables For profit, each table ~~ 60.20 Birds Dealers Blueprinting Service Maps, plats and the like Boat Agencies, New/Used Each lot, not to include repairs Boats for Hire Fishing, cruising or sightseeing (each boat) Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Boat Kepair Boiler, Machine Shops or Foundries Bondsman, Bail Bonds Book, Magazine Solicitors Per week ~~ 60.20 Per person ~~ 24.15 Interstate commerce No fee Bookkeeper/Accountant, not C.P.A. Boot and Shoe Repair Shop Bottling Works Brokers Stockers, [Stocks,] bonds, mortgages, customs and others Building Inspector Building and Loan Associations (See Banks) Burglar Alarm Company Bus Station, intrastate business only Business College, Trade Schools Business Office Butcher Shop Cabinet Shop Carpet and Rug Cleaning Each location Caterers Fixed base or mobile, each truck ~~ 60.20 Ceramic Studio Chemical Companies Christmas Tree Sales Season only, each lot Citrus Fruits and Vegetable Retail (See Merchants) Claim and Collecting Agencies Cleaning, Pressing, Dyeing (See Laundries) Clothing Secondhand dealers Cold Drink Stand (See Merchants) Cold Storage All types Commission Merchants Handling shipments (other than specifically provided for herein) on a Commission basis Computer Service Concrete Products (See Manufacturer) Concrete Ready Mix Plant Contractors (1) General (2) Engineering contractor (includes bridge, bulkheading drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel (4) Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheet metal and tinsmith Septic tank Tile Well drilling Floor sanding and finishing Lathers Plumbers (5) Any person who shall accept orders to be engaged in the business of accepting orders or constructs on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this Chapter. Convalescent Home (not sanitarium) Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations Costume, Clothing Rental Credit Bureaus Dairies (milk distributors, jobbers or creameries delivering milk) Each truck ~~ 84.35 Dance Halls Dancing Schools Data Processing (See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchase and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. Delicatessen Dental Supplies Dental Technician Laboratory Department Stores (See Merchants) Detective Agency Each location (state certificate) Distributor Dog and Pet Grooming Sale of supplies (See Merchants) Dressmaking, Hemstitching (no stock carried) Drugs, Retail Dealer (See Merchants) Dry Cleaning (See Laundries) Electric Light and Power Companies Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers or Lithographers Export or Import Companies Express Companies (Intrastate only) Exterminators (State certificate) Fertilizer Manufacturers- Mixing Plant Fire Extinguisher Sales, Service Fire and Wreck Sales When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each sale. Fish or Poultry Market Fish Peddler (See Peddlers of merchandise) Fishing Tackle (See Merchants) Fishing Tackle or Gun Repair Florists or Dealers in Flowers, each Food Lockers--Cold Storage Fruit, Vegetable Stand Fumigating (See Exterminators) Furniture and House Furnishing (See Merchants) Uas Companies (1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only Gasoline and Oil Distributors Wholesale, storage Facilities in the City Golf Courses, Each Golf Driving Range, Each Golf Miniature, Each Guaranty or Surety Title Companies Guard, Patrol Service (See Detective Agency) Guns, Sales or Repair Need Federal firearms dealers license Harness and Saddlery (See Merchants) Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms ~ 6.07 Hypnotists Must meet requirements set forth in F.S. Chapter 456 Ice Cream Manufacturers Ice Cream Parlors Ice Cream Wagon or Truck, each „ 120.39 Ice Manufacturing or Storage Import, Export (See Export) Insecticide Manufacturers or dealers Installers, Carpets Insurance Adjusters Insurance Agency For each company represented Insurance Baggage, each company represented Insurance Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewelry Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). Jewelry Repair Jewelry Store (See Merchants) Junk Shops or Dealers License required whether or not sale or purchase or both, or solicitations are made Kennels, Animal (Approved location) Key Shop, Locksmith and Associated Services (See Merchants) Knife, Scissors and Tool Sharpener Landscape Company Laundry or Dry Cleaning Plant Agent for out of town laundries Local agency, permanent office Self-service Lawn Maintenance Lawn Spraying State Board of Health certificate Linen or Diaper Service Loan, Finance, Mortgage Company Lumber Dealers Lunch Stands, (Not over twenty-five (25) chairs) Machine Shops (Not automobile) Mail Order Business Maintenance (Floor, home, office, building) Manicurist, each ~~ 72.32 Manufacturer Marble and Granite Works Massage Salon Masseur, Masseuse, each ~~ 72.32 Meats (See Butcher shop) Merchandise, Secondhand (See Secondhand dealers) Merchants, Druggists and Storekeepers Messenger Service (exclusive of telegrams) Mimeograph and Letter Shop Monuments and Tombstones Motion Picture Theaters Giving performances of moving pictures or other forms of entertainment Movers (See Storage) Moving Company Musical Devices Operator of mechanically operated (whether operated in connection with or separate from any other business) License or tag must be displayed on each machine Musical Devices (Distributor) Music teachers Nails, Acrylic Shops (State certificate) Newspaper Publisher News Companies (Owners or managers of) Newsstands Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold Night Clubs Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests. Novelty Works (See Manufacturer) Nursery Shrubs, trees, plants or landscaping Nursing Home (See Convalescent home) Office Machine Repairs (See Repair shop) Oil (See Gasoline) Paint Manufacturer (See Manufacturer) Parcel Delivery Each vehicle ~~ 72.32 Pawnbrokers Peddlers of Merchandise (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person ~3-9~ 24.15 (2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person ~~ 24.15 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out- of-town business houses or enterprises not maintaining place of business in city, providing however that this provision does not apply to wholesalers dealing exclusively with retailers (5) Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Shop or Grooming (See Dog and pet grooming) Photo Processing, Film Developing Photographers Piano tuners Picture Agents Plating with Metals Portable Toilets Postcard Stands (Only) Potato Chips (See Manufacturer) Print Shop or Publishing Private Postal Mailbox Private Schools (See Schools) Professional (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to pay a professional local business tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers, civil, consulting Interior Design Opticians Optometrists Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified (2) For each person operating with the person licensed in the preceding clause, other than the professional employees Property Management Promoters Entertainment, sports or contests Public Hall for Hire Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop (See Repair Shops) Railroad Companies, each Real Estate Agency or Broker Recording Studio Reducing Salon Rental Equipment (All types) Repair Shops, each Repairs from Truck or Other Vehicle Restaurants (If dancing permitted, see Night clubs) Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) Retirement, Rest Home (See Convalescent home) Rinks (Bicycle, skating or other) Roof Trusses (Se Manufacturer) Sawmill Yard Schools Secondhand Dealers (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand firearms and secondhand clothing) (2) All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed on by the Commission and a license tax paid. Secretarial Service Seed stores (Wholesale and Retail) (See Merchants) Ship Brokers Shoemaker and Repairs Shooting Gallery Sign Painters Commercial but not erecting Soda or Mineral Water Fountains Solicitor (See Peddlers of Merchandise) Sporting Goods (See Merchants) Stamp or Old Coin Dealer Storage Warehouse or Room Tailors Tanning Salon Tattoo Salon Tax Agency (See Professional) Taxidermist, or agents for In addition to other license Taxis First vehicle „ 120.60 Each additional vehicle ~~ 60.20 Telegraph Companies Telemarketing Telephone Answering Service Telephone Solicitation (See Sections 118.40 through 118.45) Telephone Systems and Companies Intrastate business only Temporary Business Receipts (1) Business temporarily located inside enclosed shopping mall; thirty (30) days only (no extensions) ~,-~~ 72.32 (2) Special events, no more than once annually (if under three (3) days), as approved by Commission (each license, not otherwise enumerated herein) No fee (3) Special events, no more than once annually (in excess of three (3) days), as approved by Commission (each license, not otherwise enumerated herein) ~~ 72.32 Temporary Holiday/T~endors ~~ 72.32 Termite Control Companies Theatrical Directors Who charge for services in directing local talent plays or performances, each performance Theatrical or Dramatic Groups or Companies For profit, where performance is not given in local, licensed theater, each performance Towel, Diaper, Uniform Supply Company Towing Service (See Automobile) Trade Schools Trading Stamp Companies Trailer Park Trailer, Truck Rental Travel Bureaus Tree Pruner (Must have insurance) Trucks Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each. (Does not apply to trucks owned by the city, county or state) U-Drive It Cars (See Automobile) Undertakers, Embalmers and Funeral Directors Uniform Supply (See Towel, diaper, uniform supply company) Upholsterer T~endingMachines (See Automatic trade machines) Venetian Blinds Repair, installation and associated services Vulcanizing Each place of business Watch Repair Water (Sold in bottles) (See Bottling works) Water Companies Persons operating same Water-Softening Service Weight Clinic Weighing Machines (See Automatic trade machines) Wheelchair Rental (See Invalid) Window Cleaning Window Tinting Wood Yard Wrecker Service (See Automobile) Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent j urisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: City Clerk MAYOR First Reading Second Reading MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: February 26, 2008 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF MARCH 3, 2008 ORDINANCE 14-08 ITEM BEFORE COMMISSION The item before the Commission is first reading of Ordinance 14-08. BACKGROUND The attached Ordinance 14-08 updates the City's fire code by eliminating outdated references to the Florida Fire Prevention code. RECOMMENDATION City Commission discretion. ORDINANCE NO. 14-08 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY REPEALING SUBSECTION (B)(5) IN ORDER TO PROVIDE UPDATED REFERENCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to reference current Florida Fire Prevention Code sections and eliminate outdated references. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 96.16, "Certain Codes Adopted by Reference", Subsection (B)(5) shall be hereby repealed and Subsection (B)(6) shall be renumbered as follow: Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE. {~ ~ Section 7-7.1.1 is amended to include the following language: Remote monitoring locations shall not be perrrntted to verify fire alarm signals prior to reporting them to the Fire-Rescue Departmealt. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 14-08