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05-11-04 Agenda Workshop DELRAY BEACH ~ ~ CITY COMMISSION AI"'_~CItr CITY OF DELRAY BEACH. FLORIDA " II J! WORKSHOP - TUESDAY. MAY 11. 2004 6:00 P.M. FIRST FLOOR CONFERENCE ROOM 1993 2001 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243-7127, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. MODIFIED WORKSHOP AGENDA 1. Structural Evaluation of Carver Estates 2. Golf & Tennis Marketing Plan - Brahm Dubin 3. Direction regarding Golf & Tennis Performance Measures 4. Golf Cart Usage on Public Roadways 5. Update on Education Issues 6. Direction regarding the Delray Youth Vocational Charter School 7. Proposed changes to the Sign Code 8. Palm Beach County Strong Mayor Proposal 9. Draft Media Entertainment Productions (USA), Inc. Contract 10. Referendum Scheduling for Deed Restriction removal, Lot 15, library parking lot 11. Commission Comments ............................................................................... 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. -- City of Delray Beach Memo To: City commissio~ From: David Harden CC: Date: May 10, 2004 Re: Structural Evaluation of Carver Estates Attached are summary pages and excerpts from the reports which have been done on the structural condition of the buildings at Carver Estates. I only included the detailed pages for one building, but all the buildings have similar problems. The complete reports are available in my office or the City Clerk's office should you wish to review them. The Housing Authority Board and their Director will attend the Work Session tomorrow night to discuss with the Commission what course of action should be taken concerning the future of these apartment buildings. 1 W.S.1- Harden, David From: Dorothy Ellington [dorothy4@bellsouth.net] Sent: Wednesday, May 05, 2004 1 :32 PM To: Harden, David Cc: Diane Colonna; Butler, Lula Subject: Carver Estates, DBHA/City Commission Joint Mtg. Mr. Harden You asked me to get back to you on what we thought the agenda should be for the planned joint workshop meeting. I believe the main topic should be a presentation of the issues for City Commissioner's information, including the actual engineer's recommendation and the funding needs of the OSHA. Because we will need to present a united local front to Congress for any possible federal dollars, I have invited Alcee Hasting's staff and Addie Green (County Commission) to attend the meeting as well. I'm waiting to hear from Ms. Green's staff on her availability, but I spoke with her directly and she wants to come, but wasn't sure of her schedule. Lewis Goldberg from Hasting's office will be there. The Engineer will also be there to answer Commissioner's questions if necessary. Please let me know what I need to provide up front. We expect to get the final report tomorrow (5/6/04) . I will provide you with a bound copy. We only ordered 15 copies. We will need to reserve a few for submission with our federal applications. If you need more let me know how many. Thanks, Dorothy E. 1 .-- "' , - ,. .,; "' " "' ., "' MEP STRUCTURAL " "' Engineering & Inspections. Inc. .- "' .,; "' Ms. Dorothy Ellington. Executive Director May 5. 2004 " Delray Beach Housing Authority "' " 770 SN 12"' Terrace "' Delray Beach, FL 33444 " "' (561) 272.f3766 r1 "' Ref: Supplemental Renovation Cost Analysis and Replacement Comparison Summary " "' Carver Estates Housing Complex Evaluation " Delray Beach Housing Authority "' rI .No. 7610020 "' " Ms. Ellington: "' rI .., Pursuant to your request, we have performed the additional engineering services required to provide a '" "' professional opinion on the estimated cost for replacement I renovation of the items identified in the 'III Condition Assessment Report, dated February 29. 2004. for the properties on the Carver Estates Housing - '" Complex located in Delray Beach. Florida. An estimated replacement versus renovation analysis cost was - also conducted. '" - '" Recommendation ~ When making the decision to rehabilitate. consideration should be given to both the maintainability .., ~ and marketability of the final product. At the same time, when the 30 year structure was designed and '" constructed. little attention was given to unit layouts. landscaping, energy efficiency. interior lighting ~ '" and other amenities that are common and expected in teday's current market. ~ '" The analysis of rehabilitation vs. new must take into account the value of the base structure, The 30 '" .., year old base structure does not have sufficient residual core value to warrant reuse or extensive # .., rehabilitation. '" .., It is the professional opinion of this office that the Carver Estates Housing Complex, Buildings '" '" A-S, with the exception of Building C, are strong candidates for demolition and replacement. ~ '" The demolition and replacement alternate would provide the most functionality, utility, quality, '" '" energy efficiency, lowest maintenance cost and long term value to the Housing Authority, its '" residents and community. '" '" ~ We trust that the infonnation contained herein will be beneficial. If we can be of further assistance ... please do not hesitate to call on us. ~ ~ Respectfully submitted, ~ MEPS fal Engineering & Inspections. Inc. ... '" ~ , ) ) , 3730 Coconut Creek Pkwy.. Slit. 100 Coconut Creek. FL 33066. (954)979-8637. Fax: (954)979-0879. EB0009224 , -' _ _m_..-_ ~ , ,.., - . ~ ,. ~ ,.., ~ MEP STRUCTURAL .... ~ Engineeling & Inspections. Ine. ... - .... - ~ Cost Analvsis Summarv - Carver Estates Housina Complex Evaluation - ,~ ~ BUILDING (1) RENOVATION (2)REPLACEMENT (3)IMMEDIATE NEED .... - -.., EST. COST EST. COST EST. COST . - d Building A .................$ 836,576.61............ $ 781.660.00 $ 13.014.54 - ~ Building B .................$ 836.576.61............ $ 781,660.00 $13.014.54 - d BuildingC-ADMIN......$ 47.425.88 Nol Recommended for Replacement $ 31.532.43 (Admin/ChildCare) .. d Building D .................$ 753.549.61............ $ 780,300.00 $13.014.54 ... d ... Building E .................$ 785,834.84............ $ 1.377.510.00 $ 13.014.54 "" .. Building F..................$ 785.834.84............ $1,377,510.00 $13,014.54 "" ... Building G.................$ 743.236.52............ $1,232,840.00 $ 13,014.54 "" ... Building H.................$ 743.236.52............ $1.232.840.00 $13,014.54 "" .... Building J..................$ 950,203.60............ $1.377.510.00 $13.014.54 .~ "" ." Building K.................$ 950.203.60............ $1,377.510.00 $13.014.54 "" -- Building l..................$ 836,576.61............ $ 781.660.00 $ 13. 014.54 "" .- Building M.................$ 836.576.61............ $ 781.660.00 $13.014.54 1>\ .- Building N ................$ 836,576.61............ $ 781,660.00 $ 13, 014.54 J:ilo, .- ."", Building P .................$ 836.576.61............ $ 781,660.00 $13.014.54 d z", Building Q.................$ 753.549.61............ $ 780.300.00 $ 13. 014.54 "..; ':) Building R.................$ 753.549.61............ $ 780.300.00 $ 13.014.54 ~ Building S .................$ 753.549.61............ $ 780.300.00 $13.014.54 ~, Subtotal...................$13.039.633.92 $15.786,880.00. $ 239.765.07 :~ Site Work $ 1.228.116.00 $ 1.228.116.00 ~ 'j TOTAL .....................$14.267.749.92 $17.014.996.00. $ 239.765.07 .~ NOTES 'j (1) Estimated renovation costs are inclusive of a 20% contingency for unforeseen conditions. 'j interior unit renovation costs and cost of upgrading to the current building and fire codes. 'j (2) Costs of new construction ( $85.00 I sqft) include demolition of the existing buildings 'j (3) Immediate Need costs include fire alarm system repairs I replacement. temporary walkway shoring and life safety violations identified on an inspection report from the City of Delray "'j Beach Fire Department performed on 4-22-04 '::) The cost of relocation. carryina costs durina construction and lease-up. lost revenue. and .~ other expenses have not been included in estimated costs indicated above. '" 3730 Coconut Creek Pkwy. . Suite 1 00 Cocoool creet<, FL 33066 . (954)9'7!Hl637 . Fax: (954)979-0879 . EB0009224 '", - - ~ - ~ - ~ - MEP STRUCTURAL -9 - Engineering & Inspections, Inc. .,. - ,. - .,. Estimated Reoair Cost Summary per Buildina: - ~ '" ~ '" Table 1 identifies the estimated repair costs for the items ide"tirted in the Condition ~ '" Assessment report dated February 29, 2004. The costs of rehabilitation identified in Table 1 ,y is exclusive of interior unit renovations and upgrades, window and door replacement, lighting ... c< improvements, and exterior building and site cosmetic improvements, such as painting, ... sealing, etc. ~ '" ~ Additional Items of inclusion are building energy efficiency upgrades and installation of '" '" central NC systems in each unit in order to improve the energy efficiency of the building and ... reduce annual energy usage. '" ... " Please note that renovation costs are often difficult to determine precisely due to concealed "I " conditions and the costs of removing hazardous ",aterials. Also, there are often unknown site "I utility costs. Historically budget overruns of up to 30-40% are common when undertaking "' ... major renovations. -' "I -' The estimated amounts in Table 1 do not include the costs to upgrade the existing buildings ill -' to meet the current building code requirements, which is a mandatory requirement for some ill of the buildings if the repairs I renovations are conducted in accordance with the provisions of - " Chapter 34 of the Florida Building Code. - ~ Table 1 Carver Estates - Estimated Reoair Cost Summarv per Buildil1Q: , , BUILDING ADDRESS ESTIMATED COST , Building A................. 791 SW. 12111 Terrace $ 433,010.67 , Building B................. 781 SW. 12'" Terrace ................... $ 433,010.67 , Building C................. 770 S.w. 12111 Terrace ................... $ 39,521.57 , Building D................. 760 SW. 12111 Terrace .......................... $ 390,036.03 , Building E .................1220 S.w. -rn Street............................. $ 406,746.81 , Building F..................1200 S.w. 7111 Street............................. $ 406,746.81 , Building G.................1160 S.w. -rn Street ............................. $ 384,697.99 , , Building H .................1140 S.w. 7111 Street ............................. $ 384,697.99 , Building J ..................1120 S.w. 7111 Street ............................. $ 491,823.81 , Building K .................1100 SW. 7111 Street ............................. $ 491 ,823.81 , Building L..................760 SW. 1d" Avenue .......................... $ 433,010.67 , Building M................. 770 SW. 1d" Avenue .......................... $ 433,010.67 , , 3730 Coconut Creek Pkwy. . Suile 100 CocorM Creek, FL _. (954)979-8637 . Fax: (954)9'/9.0679. EB0000224 , .1 ... - ... - ... ... MEP STRUCTURAL - Engineering & Inspections, Inc. ... - ... - Building N ................780 SW. 10th Avenue .......................... $ 433,010.67 ... - Building P .................790 SW. 1dh Avenue .......................... $ 433,010.67 ... - Building Q.................1111 S.w. 7th Court.............................. $ 390,036.03 ... ~ Building R.................1131 S.w. 7th Court.............................. $ 390,036.03 ... ~ Building S .................1161 SW. 7th Court.............................. $ 390.036.03 ... ~ ... Subtotal $ 6,764,266.93 .. ... Site Work ................. .............................................................. $ 1,228,116.00 " ... .................................. Total..................................................... $ 7,992,382.93" "- ... "- * Costs are exclusive of a 20% contingency amount, interior unit renovations, window and ... " door replacement, lighting improvements and exterior building and site cosmetic ... improvements such as painting and sealing, etc. The costs also do not include the costs to " ... upgrade the entire building to conform to the current building code as required by Chapter 34, " ... Florida Building Code (FBC). "- ... '" Based on our analysis, the following buildings would have to be brought into full compliance ... with the Florida Building Code, based on the provisions of Chapter 34 if the repairs are "" - conducted within a 12 month period: Buildings A, B, D, L, M, N, P, Q, R & S. "" .- ... Buildings C, E, F, G, H, J & K are not required to be brought into full compliance with the - current building code standards; however, serious consideration must be given to upgrading "" - these buildings to the current Building Code requirements. "'I .- ~ Rehabilitation vs. New , What are some of the issues to be considered when evaluating rehabilitation vs. "'I .- demolition and feasibility of substantial reconstruction of existing housing stock? , "I Much of the answer to this question is dependent upon the specific location, condition, and - use of the replacement housing. The basic question with all rehabilitation, however, is: will "I - the completed product serve its intended use? "I .- "I Historically, in many marketplaces, substantial rehabilitation is only undertaken for special - reasons such as zoning limitations or historic preservation. The tvpical experience is that "I "I aut rehabilitation is nearlv as expensive as new construction. and it rarelv delivers as - a product that can compete head-to-head with new construction in terms of "I functionalitv. utilitv. aualitv and enerav efficiency. - , , , j j 3730 Cacomt Creek Pkwy. . Suile 100 Coconut creek, FL 33066. (954~ . Fax: (954)979-0879. EB0009224 ""I :-' MEP STRUCTURAL Engineering & Inspections, Inc. Buildina Code Reauirements. Chapter 34 - 2001 Florida Buildina Code The analysis of rehabilitation vs. new must take into account the value of the 30 year old base structure. The existing buildings structure does not meet the current hurricane structural requirements of the Florida Building Code. Chapter 34 of the F10rida BuUding Code states if the value of the repairs or renovations exceed 50% of the value of the existing building then the existing structure must be brought into compliance with the current Florida Building Code or be entirely demolished if the repairs I renovations are conducted within a 12 month period. Please note that in our professional opinion, the structural components were not completely constructed in accordance with the building code in effect at the time of construction and therefore do not qualify for the exception provisions of chapter 34. , , , Based on our analysis, the following buildings would have to be brought into full compliance , with the Florida Building Code, based on the 50% provision. , , , Buildings A, B, D, L, M, N, P, Q, R & S. ; ~ ; , Buildings C, E, F, G, H, J & K are not required to be brought into full compliance with the , current building code standards but it is strongly recommended to upgrade these buildings to the current Building Code requirements. , , Historically budget overruns of up to 30-40% are common when undertaking major , renovations; a 20% amount was included in the estimated renovation costs. The cost of new construction, was based on a cost of $85.00 per square foot. The $85.00 per square foot was , derived from a study conducted by ABT Associates for HUD in 1994 and adjusted for inflation , and local area costs to obtain a 2004 value of $85.00 per square foot. , , , , , , , " ~ , , , , , , 3130 Coconut Creek Pkwy. . SuRe 100 Coconut Creek, FL 33066' (954)979-8631' Fax: (954)979-0679. EB0009224 , ~ - :;; 00 :;; ... ... '" '" 0 0 :;; :;; :;; - '- - ~ r;: 'D 00 00 00 ~ ~ 'D 'D 'D 'D 'D ,e ,e '" ~ ... ... .,; .,; s ..; ,e ,e .,; ,e '" '" ~ 6 ~ .., .., .., .., 0 <- ... ... ~ ~ ~ 00 00 '" '" '" '" ~ ~ ~ ~ ~ ~ ~ ~ ... ... ~ .., .; .; '4 ..; <5 <5 ... ... ... 'D ..; .., ..; '" .., .., ~ 00 00 ... ~ ~ .., .., .., .., ~ ~ ~ g ~ 00 00 <- <- l;; l;; l;; z; z; 00 DO 00 00 l;; l;; .... 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'" :r: '" '" z "- 0 0: :s ~ -' <J) I- ') ') 3401.5.4 - 3401.8.1.1 3401.5.4 Non-Qualified Buildings - The provisions of requirements for new buildings or stnlCtlJreS except ~ 3401.5.1 _ 3401.5.3 shalI not apply 19 the folIowing: that minor strUCtUral alterations. with the approval of 5 1. New buildings constnJcted in a historic district; the building official, may be made of the same materi- ~ 2. New additions to historic buildings; al and degree of fire-resistivity of which the building or 5 3. Buildings that are reconstrUCted; structure is constrocted. ~ 4. Institutional occupancies such as hospitaIs, nursing homes. mental hospitals, detoxification facilities, 3401.7.2.3 Non-strueturaI repairs and alterations exclu- ! - jails and conectional institutions. sive of fixtures and furniture, the cost of which does 5 not exceed 25 percent of the value of the existing build- ! 340M. l\ofgln.......nce. All buildings. strUCtures, electrical. ing or structure and which do not affect egress or fire- 5 gas. mechanical and plumbing systemS, both existing and resistivity, may be made of the same material of which ! new. and all parts thereof. shall be maintained in a safe and the building or structure is c;onstructed. samtaIy condition. All devices or safeguards which are 340L 7.2.4 The repIacement of garage doors. exterior ! required by the technical codes when constructed. altered or repaired. shalI be maintained in good working order. The doors. sltylights. operative and inoperative windows 5 owner. or his designated agent. sbal1 be responsible for the shall be designed and constrocted in accordance with ! maintenanCC of buildings, structures. e1ectrical. gas, mecban- Chapter 16 of this code. ~ ical and plumbing systemS. 3401.7.2.5 Repairs and alterations amounting to over i = 3401.7 Application to existing bniJdtnp 25 percent but not exceeding 50 percent of the value of 5 3401.7.1.1 When additions. or alterations increasing the existing building may be made during any. 12 i I month period without making the entire existing build- 5 floor area. are made to an existing building, and the ing comply provided such repairs and alterations COOl- i addition and existing buildings are separated by a lue ply with the requirements of this code for a building of 5 walI. the addition shall conform to all the requirements like area. height and occupancy. ~ of this code applicable to a building of the area of the addition. 3401.7.2.6 When repairs and alterations amounting to = 3401.7.1.2 Where the existing building and the addi- more than 50 percent of the value of the existing build- - ing are made during any 12 month period, the building 5 tion are not separated by a fire wall and the area of the or structure sball be made to conform to the require- 5 , addition is 25 percent or more of the area of the exist- ments for a new building or strUCture or be entirely ~ ing bunding, the existing building and the addition demolished. , I shall be made to comply with alI requirementS of this \ code for a building of area equal to the combined area Exceptions: of the addition and existing building. 1. Provided there is no change in occupancy. 5 \ Exception: Existing buildings shalI not be required foundations. slabs. tie beams. tie columns. 5 = reinforced masonry and masonry walls erect- 5 , , to be upgraded to the struetura\ requirements of the ed in compliance with the code under which i , code in effect on the date of application of the per- the building was constructed. mit for the addition. 2. Those property improvements involuntarily , 3401.7.1.3 Where the existing building and the addi- altered by right of eminent domain need only to meet the requirements of the code in force , tion are not separated by a fire wall and the area of the at the time of original construction. , addition is less than 25 percent of the area of the exist- 3401.7.3 Structural Determination. For purposes of i ing building, the addition shall conform to all require- , ments of this code applicable to the building of the 3401.7. strueturaI shall mean any part. material or assem- 5 combined area of the existing building and the addi- bly of a building or structure which affects the safety of i , tion; and the existing building shall conform to the such building or struCture and/or which supports any dead 5 , requirements of this code applicable to facilities for or designed live load and the removal of which part, mate- i means of egress and automatic fire-extinguishing sys- rial or assembly could cause. or be expected to cause. all 5 , tems for a building of the combined area of the addition or any portion to collapse or to fail. ~ and existing building. , 3401.8 High Velocity hurricane zone application to exist. i , 3401.7.2 Repairs and Alterations lng buildings i 3401.7.2.1 Repairs and alterations not increasing the 3401.8.1 Genera1 5 ., area of the building. made within any 12 month period. 3401.8.1.1 Existing buildings or stnlCtlJreS to which 5 shall be as set forth in this section. additions. alterations. repair or changes of group of i ., occupancy are proposed or intended shall be made to 5 ., 3401.7.2.2 Structural repairs and alterations. the cost of . comply with all the requirements for neW buildings or i which does not exceed 25 percent of the value of the structures of like area. height, type of collSl11lClion or ;; ') existing building or stmcture. shall comply with the group of occupancy. except as provided in this Section. ~ ') 'lA' FLORIDA BUILDING CODE - BUILDING "'\ EXIDBIT 2-11 COSTS OFHUD-INSURED AND PuBuc HOUSING DEVEWPMENTS' (AVERAGE VALUES) HUD-Insured Public Housing Development Cost Development Cost Reported TDC per Unit $51,388 $68,876 Adjusted IDC per Unita $53,350 $70,448 Component Costs Improvement Costs per Unit $41,659 $59,521 Land Costs per Unit $3,872 $5,006 Other Costs per Unit $7,819 $6,190 . Per-Square Foot and Per-Bedroom Costs Adjusted TDC per Sq. Ft.'-' $52 $68 Adiusted TDC oer Bedroom'-' $30,248 $26,269 . Difference significant at the.OI level. Notes , All cost are normalized , Per square foot costs are based on gross floor area. , 3 Per bedroom costs treat efficiency apartments as .5 bedroom apartments. , Sources: FOMNS, HUD F01111S arehives.lBS, and survey ofPIH field offices. Components may not swn 10 Iotals due to rotmding. AbtAssoclates Inc. Chapter 2 - Description of Development Characteristics and Cost 28 '" " '" wi '" .. t'- .. - ... '" oo :;; ~ 0 .. '" '" '" - t'- '" 0 '" 0 wi '" .. ,..: '" <'i ... .. '" .. <'i ::i t'- '" 0 '" '" :0 '" 0 t'- '" 0 t'- 0 '" '" '" - - t'- C> - .. .. ",' 0 ,.; ~ '" 0 '" .c '" ~ '" '" u '" '" '" t'- oo '" .. '" '" '" '" '" '" '" .. - .. 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Ms. Dorothy Ellington, Executive Director April 07, 2004 Delray Beach Housing Authority 770 SW 12th Terrace Delray Beach, FL 33444 (561) 272.f3700 Ref: Supplemental Cost Analysis Carver Estates Housing Complex Evaluation Delray Beach Housing Authority No. 7610020 Ms. Ellington: Pursuant to your reques~ we have performed the additional engineering services required to provide a professional opinion on the estimated cost for replacement I renovation of the items "deemed immediate priority need" for the properties on the Carver Estates Housing Complex located in Delray Beach, Florida. Immediate need items include: 1) 2nd level walkway replacement 2) 2nd level railing replacement 3) Electrical unit and meter room repairs 4) Fire Alarm System replacement 5) Roof Truss repairs and 2 story pilaster replacement Carver Estates "Priority Needs" Cost Summary per Buildina: The following is a summary of the estimated "immediate need" funds for the subject property: BUILDING ADDRESS ESTIMATED COST BuildingA.................791 SW. 12th Tenace $279,155.07 ( Building B................. 781 S.w. 12" Terrace ................... $ 279,155.07 ( Building C ................. 770 S.w. 12th Tenace ................... $ 26,722.44 .- Building D ................. 760 SW. 12th Tenace .......................... $ 181,467.35 .- r 3730 Coco",t Greek Pkwy. . Suite 100 CocorM Creek. FL 33ll66' (954)9~ . Fax: (954)979-0879 . EB0000224 r MEP STRUCTURAL Engineering & Inspections, Inc. Building E .................1220 SW. 7th StreeL.......................... $ 266,665.38 Building F..................12oo SW. 7th Street ............................. $ 266,665.38 Building G.................1160 SW. 7th StreeL.......................... $ 251,424.39 Building H .................1140 SW. 7th Street ............................. $ 251,424.39 Building J ..................1120 S.w. tt' Street ............................. $ 266,665.38 Building K .................1100 SW. 7th Street ............................. $ 266,665.38 Building L.................. 760 SW. 1dh Avenue .......................... $ 279,155.07 Building M................. 770 S.w. 1d" Avenue .......................... $ 279,155.07 Building N ................ 780 S.w. 10th Avenue .......................... $ 279,155.07 I , , Building P ................. 790 S.w. 10th Avenue .......................... $ 279,155.07 , Building Q.................1111 S.w. tt' Court.............................. $ 261,023.87 , Building R .................1131 SW. 7th Court.............................. $ 261,023.87 , Building S .................1161 S.w. 7th Court.............................. $ 261 ,023.87 , , , , Subtotal $4,235,702.12 , , , I , Based on investigation of the condition of each building structure this office recommends all of the I renovations I repairs be conducted at the same time, however, if necessitated by budgetary , constraints, the repairs I renovations should follow the priority sequence indicated below. , , , , I 1. Fire alann systems Buildings AoS , I 2. BldsG&H...... $ 502,848.77 , I 3. Bids J&K....... $ 533,330.76 , I , 4. Bids E&F ....... $ 533,330.76 , 5. Bids S&R ...... $522,047.74 , , 6. BldQ............. $ 261,023.87 , 7. BIds N&M...... $ 558,310.14 , 8. Bids P&L....... $ 558,310.14 , 9. Bids A&B....... $ 558,310.14 , 10.BldsC&D ........ $208,189.79 , , , ~ 3730 Cocoml Creek Pkwy. . SuIe 100 COCOI'<Jt Creek, FL 33066 . (964)979-S637. Fax: (954)979-1l679. EIlOOOO224 , ~ , MEP STRUCTURAL Engineering & Inspections, Inc. A portion of the cost for the fire alarm system upgrades can be recovered and the components can be reutilized in the new replacement buildings. The CXlst indicated herein do not indude CXlntingency provisions for unforeseen conditions and or CXlst overruns. TemDOrarv Slab Shorina : A temporary light load slab edge shoring system would be required to reestablish the original design capacity of the 2nd level slab areas. The estimated cost per building would be: , Initial setup and installation: $ 2895.00 \ Monthly rental fee:.... $ 215.00 I month I building \ , , , , , \ \ , We trust that the information contained herein will be beneficial. If we can be of further \ assistance please do not hesitate to call on us. \ , \ Respectfully submitted, , MEP Stru unil Engineering & Inspections, Inc. \ \ \ , Otto J. etzelter, P.E. Executive Director of Engineering \ AlIachmerIs \ SGIbc File 600.75 \ \ \ \ \ \ ~ ~ ~ ~ ~ 3730 Coconut creek Pkwy. . Slile 100 Ccconut Creek. FL 33066 . (954)979-8637 . Fax: (954)979-0879 . EB0009224 , - " .. '" '" 00 ... '" ... ... 0 0 0; ... .. ... ... - ... - .., '" .0 C> .,; .,; '" .,; ,.; .,; .,; .,; .., ::l '" ... ... 0 '" ... '" 0 ... '" 0 ... 0 '" ... .., - - ... C> .. 00 of .0 0 .., '" 0 N .0 ~ .,.. ... ... :;I .., ... '" ... 00 0 ... ... ... ... ... ... - - ... '" .. '" '" .,.. .. '" .., '" '" ... .., '" '" 0 ~ ... ... 0 ... 00 "< ... 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W - - - ~ w 0 If ~ w Z ~ ~ w ~ ~ '" ~ W ~ ID '" 0 - N ., 11; U'> C ::> <> <> !jl 0 0 ~ <> 0 0 <> z ., ., ., ., ~ W :Ii W ~ :E t: :E ~ - '" ., c:( ~ l:! !z '" ... z W 0 ~ 0 ~ ::; c z ~ WI- ~ ;:: 0 ~ ~!z :s~!z a ., :E ~ ti z :E ~w Q. Z W 0 = ii: ~W ~::; W Oili W 0 U o OW "'0 I- ~ ., m '" ..~o:~ ~ ~~ ::; ~ W w 0 W..!Z ~ w [i; ii: Q. Z ~ 0::0.. Ow W ii::J uo:: o ~~ C> ~ , :> , "" .~ - ~ ~ .. MEP STRUCTURAL ~ ."" Engineering & Inspections, Inc. , .. ~ . ... ~ ,~ - Ms. Dorothy Ellington, Executive Director March 2, 2004 ... Delray Beach Housing Authority .~ -' 770 SW 12'h Terrace ~""' Delray Beach, FL 33444 ~ .., (561) 272-6766 ..I ,""' ~ :) Ref: Carver Estates Housing Complex Evaluation '..... Delray Beach Housing Authority ~ No. 7610020 :) :) ."" Ms. Ellington: ~ , , Pursuant to your request on December 9th, 2003 we have performed the "' engineering services required to provide a professional opinion on the general ~ .... condition of the primary buildings and site components, for the owned ~ properties on the Carver Estates Housing Complex located in Delray Beach, "' ~ Florida. "" ~ "" Also, provided herein is a twelve year capital reserve fund study for the repair ~ and replacement of significant capital components on the subject property. , , We trust you will find the information in the enclosed report beneficial, and , should you require additional information please do not hesitate to contact our , office. , , Respectfully submitted, , MEP Structural Engineering and Inspections, Inc. , J J Otto J. Letzelter, P.E. J Director of Engineering J J J J J :) 3730 Coconut Creek Pkwy.. Sune 100 Coconut Creek, FL 33066. (954)979-8637. Fax: (954)979-0879' EBOOO9224 :) ;) - ,. '- ., MEP STRUCTURAL Page 1 ,- ., '- '" CONTENTS OF THE REPORT -- '" -- .. - '" - '" - '" .:a.. '" TABLE OF CONTENTS.................................................................................................. 1 - .. ~ SCOPE. ....... ....... ..... ..... ..... ....... ......... ... ... ... ............ ...... ... ... ..... ... ... ... ... ......... ............. ...... 2 "" '"' ~ GENERAL DESCRIPTION... ........ .,. ... ........ ... ... ....... ...... ... ........... ...... ... ... ... ....... .............. 3 '"' ~ '"' DISCOVERY ...................................................................................................................4 ~ '"' ~ OBSERVATIONS: ...........................................................................................................5 "'" ~ "'" STRUCTURAL AND GENERAL BUILDING ................................................................. 5 "" ... "" EXTERIOR FINISHES ......... ........... ... ... ... ............ ..... .................. ... ... ............ ... ...........51 .... .., ... BUILDING C - CHILD CARE .....................................................................................54 "" ... .., MECHANICAL (HVAC). .......... ....................................................... ............ ... '" ... ........64 .. .., .. ELECTRICAL ........ ..... ............... ... ... ........ ... ... ............ ... ...... ... .............. ... ................ .... 68 '" '" '" .. PLUMBING. ...................................... ................................... ... ... ...... ... ........................ 87 '" .. '" MAINTENANCE .... ................. ... ................. ...... ...... ......... ... ..... ... ... ... ............... ... ... .....93 .. .. '" FIRE PROTECTION SySTEMS...............................................................................113 ~ .. ~ INTERIOR FINISHES ...............................................................................................117 :J :J SITE I ADA COMPLIANCE.......................................................................................118 :J EXECUTIVE SUMMARY. ................... ... ..... ... ... ......... ... ...... ...... ........ ............ '" ... .........129 :> :> REPAIR & REPLACEMENT COST ESTIMATE .........................................................131 :> :> :> ) ) ) ) CARVER ESTATES Engineenng Condition Assessment ) - ..... - "'" MEP STRUCTURAL Page 2 - ,", SCOPE - ..", - On Tuesday, December 9, 2003, Ms. Dorothy Ellington, Executive Director, Delray Beach "" - Housing Authority, authorized us to commence with the engineering services required to "" - complete an assessment of the owned properties of the Carver Estates Housing complex. "'" - The purpose of the evaluation was to provide a professional opinion concerning the general "'" .- condition of the primary buildings and site components of the Carver Estates Housing "'" .- Complex by undertaking a physical inspection of the property, structure, and building .." systems, which included but was not limited to: - .." - D Structural and General Building Inspection ... '"" D Roofing System Inspection .., D Mechanical, Electrical and Plumbing Systems, cursory only '"" .., D Fire Protection Systems - D Interior and Exterior Finishes, cursory only ... .- D ADA Compliance, Site access .., - D Repair and Replacement cost estimate ... -, Specifically excluded from the scope of this assessment was the following: ... -, .I -, D An inspection of building areas and components not visible or accessible at the time of "' our inspection. -- "' D Functionability and operation of fire protection systems. -- D Underground utilities and other building/site components not accessible. .I -, D Engineering structural analysis of building structure and systems. ~ D Environmental Engineering Services (e.g. radon, toxic, voc's, hazardous waste, - ... asbestos, mold, roofing system testing,etc.) - ... - The comments, conclusions and recommendations presented are the professional opinion of .." -. MEP Structural Engineering and Inspections, Inc. This report is intended for the exclusive .." use of the Delray Beach Housing Authority and their legal representatives. No other - warranty, expressed or implied, is made. .." -. "' -. The evaluation was based upon research, site observations, and document reviews .., performed by a team of engineering and technical professionals with expertise in each of the -. .., related fields of evaluation. MEP Structural Engineering and Inspections, directed the -. evaluation effort. "' ) The evaluation was based on commonly accepted engineering practices and the 2001 ) Florida Building Code, based on the International Building Code as well as local codes and ) the Standard Building Code Edition, in effect at the time of the construction. The ') observations conducted for the evaluation were based upon a representative mix of the ') visually accessible components. An exploration of concealed conditions was not within the scope of our assignment. No testing of materials was performed for the purposes of this ') evaluation. , , , , CARVER ESTATES Engineering Condition Assessment ) - ,,~ - ,~ MEP STRUCTURAL Page 3 - .~ GENERAL DESCRIPTION - .~ - The Carver Estates Housing Complex is located within the City of Delray Beach, Florida, ..~ ~ County of Palm Beach. The address of the Complex is 770 SW 1ih Terrace. The Complex .."", consists of 15 residential housing buildings, containing 200 single family units and 2 ancillary - .,"'" buildings for administrative and maintenance operations. - ..... - Our detailed assessment, and corresponding report, only addresses the owned properties, .... - which are being evaluated for replacement and renovation purposes. .... - ..... The complex was originally constructed during the 1970's. Several interior and exterior' - improvements have been completed on the resident buildings and site areas. .... - '... The Delray Beach Housing Authority provides on-site administration, management and - ,.... maintenance of the complex. Additionally, an onsite child care and tutoring center is provided - in Building C. (Administrative Offices) .... - ".... Carver Estates : - ..... - BUILDING ADDRESS NUMBER OF UNITS ,,~ - Building A............... 791 S.w. 12th Terrace .......................12 ..... - Building B ,....,..,...... 781 S.w. 12th Terrace ...................,...12 ..... -- ...... Building C.....,......... 770 S,w. 12th Terrace .......................Administration Offices & Child Care - ,:-.1 Building D ............... 760 S.w. 12th Terrace .......................Maintenance & 4 Offices .- ..... Building E ...............1220 S.w. 7th Street..........................16 ~ ..... Building F................1200 S.w. 7th Street..........................20 .~ ,-, ~ Building G..........,....1160 S.w. 7th Street..........................16 ,.... ~ Building H ......,........1140 S.w. 7th StreeL........................16 ,-' -.. Building J ................1120 S.w. 7th Street..........................20 ..-' ~ Building K ..........,....1100 S.w. 7th Street ..........................16 ,-, ~ Building L................ 760 S.w. 10th Avenue........................ 12 ..-' -.. ,~ Building M............... 770 S.w. 10th Avenue......................., 12 ~ ,... Building N ..............780 S.w. 10th Avenue........................ 12 .", ..~ Building P ..,............790 S.w. 10th Avenue........................ 12 -.. ,~ Building Q...............1111 S.w. 7th Court............,.............. 8 -.. ,~ .~ Building R...............1131 S.w. 7th Court........................... 8 ~ Building S ...............1161 S.w. 7th Court........................... 8 ~ 15 Residential Buildings ,~ -.. 2 Commercial Buildings ,~ 200 Units Total ::J ::I ::l CARVER ESTATES Engineering Condition Assessment :;) - , ' MEP STRUCTURAL Page 4 DISCOVERY FIRE CODE AND BUILDING CODE INQUIRIES: Fire Code Inquiry We contacted the City of Delray Beach Fire Department to learn of any outstanding issues or violations that may exist on the Carver Estates complex. At that time we were told that, "to the best of their knowledge there are no unresolved violations or issues on the subject property" . Building Code Inquiry We contacted the City of Delray Beach Building Department to learn of any outstanding issues or violations that may exist on the complex. At that time we were told that, "to the best of their knowledge there are no unresolved violations or issues on the subject property". The governing Building Code is the current 2001 Florida Building Code. The Building Code used at the time of construction was the Standard Building Code. City Engineer Inquiry We contacted the City of Delray Beach Engineering Department in order to determine which entity owns the site utilities and who is responsible for its care. We were told that the Storm Sewer System is owned and maintained by the City of Delray Beach. The potable water distribution system mains and the sanitary sewer system trunk lines are owned and maintained by the City of Delray Beach. All lateral lines and building connections are owned and maintained by the Housing Authority. Subsequent to our inspection, it is our recommendation that the services of an engineering/site utility contractor be utilized to conduct a visual and photometric examination, of accessible portions of the underground storm sewer system. It is our understanding that an examination would reveal any significant deficiencies in the project storm sewer system. CARVER ESTATES Engineering Condition Assessment I , , MEP STRUCTURAL Page 129 , I EXECUTIVE SUMMARY , I ) Overall we found the complex to be in fair condition. However, there are a several major l areas requiring upgrade, repair, and or replacement. These areas are detailed in this report l and include the following: , Bulldinas A-S. (except C) , Major structural repairs and replacements of the deteriorated 2nd level walkway and , . exit stair areas. , . Complete site drainage evaluation and correction , . Site ADA access compliance modifications , . Roof truss structural repairs, roof sheathing replacement and reattachment " . Roof truss bracing and connection modifications rI . Roofing system repairs and attachment J . 2nd level railing repairs and replacement J . Fire alarm system repairs and upgrades J . Site lighting upgrades and modifications ~ . AlC unit repair and replacement, including condensate repairs ~ . Building Electrical system modifications and repairs ~. Buildina C ~ ~ . Child care area renovations and Life Safety Upgrades . ADA accessibility modifications to building ~ ~ The cost estimate provides a projected reserve fund study for a twelve year period. "" Remaining useable life periods were included in the analysis as well as a 3% inflation cost .rI :J rate increase per year. The study provides an estimate for the funding required per fiscal year and should be used as a guide only for grant solicitation. See Cost Estimate Spreadsheet at :J the end of this report. :J , This report is intended for the exclusive use of The Delray Beach Housing Authority and their "" representatives and is not to be considered a warranty, but a report on the general condition ~ of the building and building systems, based on a visual examination at the time of the ., inspection and including only what is reported herein. It does not represent to have found all "" defective items that exist, rather it is our attempt to identify as many deficiencies as we were -' able to reveal at the time of our inspections. ., ., MEP Structural Engineering & Inspections, Inc., its directors, stockholders, agents, "" employees, etc, is not responsible, nor do we accept any liability for defects not reported ~ ~ herein, or problems that occur with the structure or it's systems in the future. We do not verify that the design and as-built condition of the complex is in compliance with the building ~ code and we do not guarantee the accuracy of the estimated repair and/or replacement ..... costs. Additionally, repair work is not performed by MEP Structural Engineering & ~ .., Inspections, Inc. or any of its consultants. .., .., .., CARVER ESTATES Engineering Condition Assessment -, MEP STRUCTURAL . Page 130 We trust that the information contained herein will be beneficial. If we can be of further assistance please do not hesitate to call on us. Respectfully submitted, MEP Structural Engineering & Inspections, Inc. Salvatore J. Giortando President Otto J. Letzelter, P.E. 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'" '" E wO z: g I 0 "'w z W ! is ",,,,,, .... ....:; ) ,; z: OW F W (!j:; ..... 0 8i :r :; zl:! 5 ~ '" 5 ..... ., I~ , ~ :J C3 Woo g 02 '" 0 C> :, '" o>-w o~~ :r 02 02 Z:ooo '" 0 <C Z 8~~ '" 02 ., is t; t; ~ I ::~ , W W 0" u ..... ::> co ....'" 0 ~ W W "w ~ w 3 5 ..... ..... :r '" iil.. 0 -!l= W .. '" :r m W w <(<C::> .... ~.5 , ..,( ~ , [ITY DF DELRRY BER[H DElRAY BEACH ~ 100 N.W. 1 st AVENUE . DELRAY BEACH. FLORIDA 33444 . 561/243-7000 AII.Amerlca City ~ III I! MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM: pi}Robert A. Barcinski Assistant City Manager DATE: April 14, 2004 SUBJECT: AGENDA CITY COMMISSION MEETING APRIL 20. 2004 APPROVAL PERFORMANCE MEASURES - GOLF COURSES AND TENNIS FACILITIES Action City Commission is requested to consider approval of performance measures for fiscal year 2003-04 for the Municipal and Lakeview Golf Courses, and the Tennis Facilities Backflround Attached are proposed performance measures for the Municipal and Lakeview Golf Courses, and Tennis Facilities for FY 2003-04. Per the terms of the management agreement with Dubin and Associates, Inc. the performance measures (i.e. goals and objectives) are to be approved by City Commission. The performance measures proposed are based on the goals and objectives approved in the FY 03-04 budget, as well as other agreed upon tasks. The performance measures approved will be the basis upon which a bonus would be paid to Dubin and Associates, Inc. for FY 03-04. Recommendation Staffrecommends consideration of the proposed performance measures for the Municipal and Lakeview Golf Courses, and Tennis Facilities for FY 03-04. RAB:tas File:u:sweeney/agenda Doc: golf performance measures 2003-04 "'N S 3 @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~ ::i: a.. ~ '<t ~ -.i o o ~ ~ ~ ...... ctS r-I 'o:::f' r--. ::S qt 0 1""""1 -4J 00 Ll1 \0 r-.... o r-I .---,.... .. <. N M r-- .... CO 0 N ...... o "" o N ~ ~ a m ~ m ~ ~ N ~ m ~ ~ ID o ~ q ~ ~ ~ ~ _ M ~ ~ ~ ~ ...... Lt) N Ol r--- '" '<t co o . o ~ N ~ EI)- tR- w Lt) 0 Lt) 0 0 0 0 ~ N ~ ~ M ~ ~ 0 . ._ T'" en o ~ a.. 0 ., (/J .~ ~ >< S ~ 'C E E '" .!: 0 C - E 0 c: ::J 0 I a.. Q,) "0 0 a 0 I ... m ~ ... co 0 0 (ij .... ~ 0 ~ ~ ~ g "0 .e > ~ Eo 0 s.ri ~ ('l') o 0 ~ N 0 c: a. I N T'" 0 0 m en 0 ~ w ~ N o - c ~ c: Q) 0 0 .- C "'I:t o ]jj l!! 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Z Harden, David From: Barcinski, Robert Sent: Wednesday, April 14, 2004 1:48 PM To: Harden, David Subject: FW: performance measures -----Original Message----- From: CynthiaMDoll@aol.com [mailto:CynthiaMDoll@aol.com] Sent: Wednesday, April 14, 2004 1:30 PM To: Barcinski, Robert Cc: brahmd@aol.com ,::,ubj f:H,;L: perfULJUaIlCe meaSULe.:> As Brahm discussed with you earlier today: In addition to your earlier conversation, in regard to program participation we think that 2,600 would be a better performance measure. This year due to transportation problems the City's Parks and Rec program is sending only 3 sessions per week in comparison to the 6 sessions per week that were sent last year accounting for approximately 300 participants. In addition, due to being closed last summer the Atlantic High School golf team went to another facility accounting for approximately 140 participants. 3,040 last year -300 Parks & Rec -140 Atlantic High School 2,600 Total We count all participants in golf course sponsored programs not just youth. Please let me know if you need anything else. ::!: 0- ~ '<t .;t t5 C"') W' T""h r--. ..q- CO <( ,... ~ M as Lri' ('l') CO ..... N o ... o N ... ... ... M ~ 0 ~ 0 0 0 0 ~ N ..... ,.... C"') ..... ..... a .- ~ o 0- '" m al c:, :5 ~ ~.- 0 OJ ~ ~ .s g Cl. E; cEo L() "ffi c: &. I L() T"".!:: '0 ctI en L() ('l')~ N E .- c Q) ~ N ~ - _ '" ~ '<t c: 0 In '" " 0 <0 .- 0 G) 15 =' L() f:Ft g 0 ... 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N 0 ~ ~ ~ ~ M ~ ~ ~ 0 ~ 000 ~ N ~ ~ ~ ~ ~ ~ 0 c ~ i5 Q. o 0 '" - )( 0 0 C co co l:: 0 U') .- lD E 'Eo - 0 0 > - I .. 0- LO co 0 D- o f5 0 ~l::' ,.... ~ o~ 15 c 'V 0 .2~~ tA- - g (5 <tI >< o~ 0 (I) Ol c 0._ I- m c: Q)'- "fIT7 .5 E ffl '0 --I Lfj .s &i '0 "'",!a 1l ' C Eui'iU 0 E '" (I)....... o. 0 'E "'C._ 0 '" C .....::::s... -co!!:? 0 - L...e~ 0_ E .Q C - ::::s c: ~ 'V UJ ~10 0. 0 :J ~ (1)(,) III "''''.5 'E ~Q.CIl ~ 0 .- (,) ClS >-~ E :::J Q. -'0 ... I- E III (I) ~o ~ 8 ,,'die - o/l ~ _It.'- :J- ~ >. ~~ ctl 0 (f.l _ "'c-= "',....- .... moo rn Q) co ._ -= ~ ~ >. Q) 10... c: :::I I- CC c'" l!! c. .c~o 0 Ol Ol C""G) .Ql:: Q) >. c~'c ~ co as ... CJ -<J O.c := 0 ^'" Q) Ol Q) - ,n"'- (1)1- ~ '" :;:>~CIl - ...JO ",0 C JS! Q) E "'0 co_ .... 1-0...0 I- "':= Ol c.~' 0 o~ 00 ~ca ..(I) E g 'o(/)~ '+- -cO-O' .s:: E co"C 0 ._~o Q) Q)N Cl)f"-. E en L... 0 ~ t:: ffi 'c :J :::l ~ :J (fl U... L... 0 Lt) ~ ~a.:::I c c >< c: >< ftS Q)"'l;t v -, Q) IDeo Q)en l'I"S;'t:O 50'0 '0 E~ui ~- ~E ~E ,.,.-. _ _ _ m._(I) 0 IllfI\ ~^ (J) C) Q) Q) .... a. :J - U) 0 en I en I 1.1.1 VI CD :J C a; ii; ~ E C) '#. U) 0 (/) 0 (/) 0 Do u;:; - - L...>,.ctllC) eo eo eo ~ >. "C CD ~ co m 0.0 ~ >< C)LO C)LO~ C)q l!l!~ mog~ ~ ~o ~roooE~~ ~~ ~i --0 2-'0'" Ol OlO '.'-<J Ol>< Ol Ol "'" "" .....- '-0 Q)O._ I '-ca '-c .-c ..., .., Q 0 C Q)..c ..c ~ L... Q) c: 0 .s:::. E .s::._ ..c._ CON 0::8~:i :i~ gc%u~:i, :is :is ---.-- ~ DELRAY BEACH Delray Beach Police Department ~ AII.America City 300 West Atlantic Avenue, Delray Beach, Florida 33444-3695 , 1111: (561) 243-7888 Fax (561) 243-7816 Joseph L. Schroeder 1993 REeEM:D 2001 Chief of Police APR 9 - 2004 MEMORANDUM CITY MANAGER TO: City Manager David T. Harden FROM: Chief Joseph L. Schroeder DATE: April 8, 2004 SUBJECT: GOLF CART USAGE ON PUBLIC ROADWAYS The Police Department, through the efforts of Sergeant Brady Myers, has researched the issue of allowing golf carts to travel on city roadways. This thorough research effort clearly suggests that it would not be in the best interest of the City of Oelray Beach to allow golf carts access to city streets. The Police Department would recommend against suggesting an allowance. There are simply too many irresolvable issues when you allow golf carts to drive on city streets. Why would we say it is okay for a 14 year old unlicensed youth to drive without a seat belt in a plastic vehicle alongside with licensed persons driving 2,000 pound steel cars, SUV's and trucks? Since state law does not allow us to put restrictions on their use, such as seat belts, drivers must be licensed etc., once approved, we lose control and risk endangering both the golf cart users and the rest of the motoring public. We cannot be compared to the City of Cedar Key, which is the size of DelAire, when it comes to the use of golf carts on public roadways. This is simply not a good idea from the safety standpoint. If you have any questions, please let me know. A copy of the research is included with this memo. JLS/ppt Attachment Serving with P.R.I.D.E. W~.~ Professionalism, Respect, Integrity, Diversity and Excellence \J)jBj ------ ,- . DELRA Y BEACH POLICE DEPARTMENT MEMORANDUM TO: Captain C. Hartmann District One Commander FROM: Sgt. Brady Mye~ District One Alpha Day Shift Supervisor DATE: April 6, 2004 Re: GOLF CART ON CITY STREETS USAGE FESmILTY STUDY Writer conducted research on the feasibility of unlicensed non street legal golf carts on city streets. Florida State Statute 316.212 generally prohibits this unless the city meets several standards. The city must determine that it would be safe to allow these motor vehicles in the first place on city and county streets. State roads are never allowed for this type of motor vehicle. The city must conduct speed and volume studies prior to allowing these non street legal carts on the city streets. The carts are prohibited from sunset to sunrise unless the city deems it is safe to operate after dark and the vehicles are equipped for this purpose. The city must post signs to show carts are allowed on these designated streets. Further, if the city was to allow these non street legal carts on the city streets they are not allowed to require anymore regulation than the state statute. This is the ruling of Attorney General Charles Crist (see attached ruling). His opinion is the city, Cedar Key, could not require persons to be 16 and over. The state allows 14 year old persons to operate such carts. The city could not require seat belts even if it is for safety. The city could not require permits or even insurance. At present home owner insurance covers only the operation to a golf course from the insured residence. (City of Atlantis supplied information see attached) The city could not require mandatory inspections to determine if the vehicles had the required equipment. Street legal vehicles are certified from the manufacturer as having the required safety equipment, there is no such requirement for Golf Carts whose intended purpose is operate during the daylight on a golf course. Attorney General Crist legal opinion states that Cedar Key is in conflict with state statute. Further, as stated above the City of Cedar Key has an ordinance allowing for such operation. The city of Cedar Key is a resort community with a population of 1,000 residents. The city has a state road leading into the community. There is only one entrance to the city. It is similar to a gated community with its set up without the gates. Writer first made contact with a Thomas Duggan of Golf Carts, Inc. (352)543-5300. Mr. " . Duggan was involved in writing the city ordinance for allowing non street legal golf carts in Cedar Key. Mr. Duggan is familiar with the city of Del ray Beach. Mr. Duggan would not recommend this program for our city. "It would be dangerous". Mr. Duggan is in the business of renting such vehicles and he would not recommend this for the City of Del ray Beach. Mr. Dugan referred writer to City Clerk Francis Hodges for a copy of the ordinance. City Clerk Hodges was contacted (352)543-5132. Hodges asked why we would even consider such a program. They have tried to repeal the ordinance without success. She stated it has gone too far. In a city of 1000 persons they have over 200 private carts and 30 plus rental units. The city in her opinion has had a lot of issues with the carts. Hodges stated a city of our size should not even be considered for such a program. The only other city that she knew of that allowed for such operation was Lady Lake. That city is even smaller than Cedar Key. City Clerk Hodges faxed a copy of the ordinance. Her face sheet is enclosed with this memo. It states "I will advise you NOT to start this venture." It will lead to many problems when once started cannot be stopped." Further, the city of Atlantis was contacted due the similarity with Cedar Key. They do not allow for golf carts expect to the golf course and back to the resident's home. (See attached information flyer) It also states that insurance only covers from the home to the golf course) Further, other states were checked for regulation. It was learned that Georgia, more. specifically the community of Peach Tree, also regulates to and from the golf course along with the State Of Arkansas. (See attached) Further, the City of San Diego has created a Golf Cart Zone. It allows for golf cart only within a mile radius of the Rancho Penasquitos Golf Courses. Thus allowing persons to travel from home to the golf course. SUMMARY Cedar Key has an ordinance allowing for such operation. The cities are not comparable in size or in any manner. Both the commercial community and the government sector of this community would not recommend this proposal for the City of Delray Beach. In fact, they were both adamant about it being a dangerous mix. The city of Cedar Key ordinance has been attempted to be repealed because of safety concerns. As stated by City Clerk Hodges, "once it gets started it can not be stopped". Their ordinance has been questioned by Attorney General Crist. The ordinance they have conflicts with state statute such as seat belts, insurance, inspections and age restrictions. Per the attorney general, you can not make the requirements stricter than the state statute. Some questions to ponder. Who would make sure these vehicles had the proper safety equipment? The city cannot require inspections. Would the home owner's policy cover accidents if the cart is not being used for its intended purpose? Should an unlicensed 14 year old be able to operate a motor vehicle on the city streets? RECOMMENDATION If persons want to use golf cart style vehicles on city streets for what ever reason, i.e. environment, open air, saving on parking spaces and noise pollution there is a low speed \. . vehicle alternative. Florida State Statute allows for such STREET LEGAL VEHICLES to operate on all road ways with a speed limit not exceeding 35 mph. These vehicles are licensed, insured and certified from the manufacturer for street use unlike the traditional golf cart. Autobahn Motors in Delray Beach sells such vehicles for 6,995.00. The city of Celebration in Central Florida has special parking spots for these types of environment friendly vehicles. Persons must be licensed to operate these vehicles on the city streets. Advisory Legal Opinion - MuniclpalltJes, operation ot golt carts rage I or 0 . Translations:::E II - ~. . .. ~ Disclaimer April 6th 2004 Overview ~ ~rint VersiQn - Florida Attorney General Advisory Legal Opinion ~.Newsletter Frequently Asked Questions Programs and Units GlI .. Number: AGO 2003-58 PI ce II How to Contact Us Date: December 15, 2003 Informillor'l Consumer Protection Subject: Municipalities, operation of golf carts em OUT " po:ME51 Ie News Releases "~lOLEl..lC'E ~\.;; Citizen Safety Center Mr. C. David Coffey Cedar Key City Attorney Crime Prevention Haile Village Center Crime Victims' Services 5346 Southwest 91st Terrace Gainesville, Florida 32608 .. . It Sunshine Law GOLF CARTS-MOTOR VEHICLES-MUNICIPALITIES-city RE: - Attorney General Opinions may not impose more restrictive regulations for operation of golf carts. ss. 316.006, 316.008, Civil Rights 316.212, 322.04, Fla. Stat. Theft Statewide Prosecutor Dear Mr. Coffey: ~AUD HOTLINE Solicitor General On behalf of the City of Ceda.r Key you ask .m-'-NO.SCAM substantially the following questions: Consumer Alerts Technology Env~\QQe Stuffina Employment and Internships 1. May the City of Cedar Key require that all golf Scam carts operated on public streets within its WarnIDS-,o,bout Government Links jurisdiction undergo annual registration and Timeshare safety inspections and display a decal providing B~sale$. ~ verification of such registration and inspection? lDternet Fraud $ecYrities Fraud 2. Maya municipality ~ose additional safety standards for golf carts that use public streets, including a requirement that golf carts be equipped with rear stop lights meeting the minimum standards in section 316.234(1), Florida Statutes, turn signals meet:i.nq the minimum standards in section 316.234(2), Florida statutes, and safety belts? 3. May the city require that all drivers of golf carts between the ages of 14 and 16 operating on public streets be accompanied by a licensed driver? 4. May the city allow golf carts on county roads within the city's boundaries without the county's approval ? http://myfloridalegal.com/ago.nsf/0176992ed3 527ebef485256dfe0061 b805?OpenDocument 4/6/2004 Advisory Legal Opinion - Municipalities, operation ot golt carts rage :l or 0 Due to the interrelation of the issues you have raised and the requirements set forth in section 316.212, Florida Statutes, your questions will be answered together. The City of Cedar Key has historically allowed golf carts[l] to operate on city streets, with certain age and other restrictions. The city recognizes, however, that section 316.212, Florida Statutes, regulates the operation of golf carts and may impact the city's ability to impose local regulations. [2] You state that the city benefits fram the use of golf carts on its streets and would like to continue their use with additional regulations to promote public safety. Chapter 316, Florida Statutes, Florida's Unifor.m Traffic Control Law, makes unifor.m traffic laws applicable throughout the state and its counties and unifor.m traffic ordinances applicable in all municipalities. [3] While the chapter was enacted to eliminate the "hodgepodge of ordinances which vary as to language and penal ty , II [4] there are instances where the Legislature has recognized that municipalities may control traffic movement or parking. [5] The statute provides, however, that "[i]t is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter. II [6] This office has previously concluded that absent express authorization under the Unifor.m Traffic Control Law, Chapter 316, Florida Statutes, operates to prohibit any local legislation on traffic control or enforcement. [7] Section 316.212, Florida statutes, in pertinent part, provides: "The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, or a city street that has been designated by a city, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a deter.mination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. . . . (4) A golf cart may be operated only during the http://myfloridalegal.com/ago.nsf/0176992ed3 527ebef485256dfe0061 b805?OpenDocument 4/6/2004 Advisory Legal Opinion - Municipalities, operation of golf carts Page j ot 0 hours between sunrise and sunset I unl.ess the responsible governmental entity has dete~ned that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (5) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (6) A golf cart may not be operated on public roads or streets by any person under the age of 14. (7) A violation of this section is a noncr~nal traffi.c i.nfraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1) , subsection (2) , subsection (3) , or subsection (4) , or as a nonmoving violation for infractions of subsections (5) and (6) ." Thus, the statute enumerates the safety equipment and other restrictions, such as the age of the operator, that may be applied to golf carts. It also recognizes that a local. government may make a dete~nation that golf carts may be operated during the hours between sunset and sunrise if the cart is equipped with headlights, brake lights, turn signals, and a windshield. Otherwise, basic equipment required for all golf carts is efficient brakes, a reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. Where the Legislature has prescribed the manner in which something is to done, it operates as a prohibition against its being done in any other way. [9] Thus, the city is precluded fram requiring additional safety equipment or imposing more restrictive operational requirements for golf carts operating within its jurisdiction. In a previous opinion of this office, it was concluded that a municipality has no authority to ~ose more restrictive age or licensure requirements for the operation of golf carts than those ~osed in section 316.212, Florida statutes. [9] The rationale of this opinion would apply equally to any additional restrictions ~osed by a municipality, such as requiring a licensed adult to accompany operators under the age of 16 or requiring that golf carts be equipped with seat belts. [10] Moreover, a mandatory local inspection program to ensure compliance with the equipment requirements enumerated in section 316.212, Florida Statutes, would appear to exceed the specific provisions of subsection (7) for enforcement of golf cart operation and equipment, making noncompliance a noncr~na1 traffic infraction punishable under Chapter 318, Florida Statutes. There is no apparent obstacle to the city offering a voluntary http://myfloridalegal.com/ago.nsf/0/76992ed3 527ebef485256dfe0061 b805?OpenDocument 4/6/2004 Advisory Legal Opinion - Municipalities, operation of gOIt" carts page 4 or 0 inspection and registration program as a service to those persons operating golf carts within the city's boundaries. Section 316.008, Florida statutes, enumerates the powers that may be exercised by local governments relating to streets and highways within their jurisdictions. Relative to your inquiry, a municipality may restrict the use of streets, prohibit or regulate the use of controlled access roadways by any class or kind of vehicle, and prohibit or regulate the use of heavily traveled streets by any class or kind of traffic determined to be incompatible with the nonnal and safe movement of traffic. [11] None of these authorized areas would appear to allow a municipality to enact an ordinance requiring additional safety equipment on golf carts or restricting the operation of golf carts by persons under the age of 16 to those occasions when they are accampanded by a licensed driver. Section 316.006(2), Florida Statutes, states that "[c]hartered municipalities shall have original jurisdiction over al~ streets and highways located wi thin their boundaries I except state roads . .. (e.s.) Counties, however, possess original jurisdiction over "ul streets and highways located within their boundaries except a~l state roads and those streets and highways specified in subsection (2) ." [12] (e.s.) The plain language of the statute allows municipalities to enforce the uni.fonn traffic laws of Chapter 316, Florida Statutes, on county roads located within their jurisdictions. [13] It would appear, therefore, that municipa.l.ities have been granted the authority to designate roads within their jurisdictions, except state roads, upon which golf carts may operate. Accordingly, it is my opinion that, while the City of Cedar Key may provide a voluntary inspection and registration program for golf carts operating within its jurisdiction, it may not require that all golf carts operated on its streets undergo annual registration and safety inspections and display a decal providing verification of such registration and inspection. Nor may the city impose additional safety standards or operator qualifications on golf carts beyond those prescr~d in section 316.212, Florida statutes. The city, however, has original jurisdiction over all streets other than state roads located within its boundaries and may authorize the operation of golf carts on county roads located within the city without the county's approval. Sincerely, http://myfloridalegal.com/ago.nsf/0/76992ed3 527ebef485256dfe0061 b805?OpenDocument 4/6/2004 . Advisory Legal Opinion - Municipalities, operatIOn 01 golt carts J:'age , or 0 Charlie Crist Attorney General CC/t1s -------------------------------------------------- ---- [1] Section 320.01(22), Fla. stat., defines "golf cart" as "a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. It [2] Recently, this office issued Attorney General Opinion 2003-44, in which it was concluded that motorized scooters, while not "motor vehicles" for pU%poses of Ch. 316, Fla. Stat., and not eligible for registration under s. 320.02, Fla. Stat. I are vehicles for purposes of excluding them fram operation on sidewalks and Ilmotor vehicles" for pU%poses of Ch. 322, Fla. Stat., requiring a license for the individual operator. As noted in the opinion, the Legislature may wish to clarify the inconsistent treabment of motorized scooters under the motor vehicle laws. unlike motorized scooters, however, the Legislature has authorized the operation of golf carts on the public roads of this state under specific conditions. See, a~so, s. 316.2068, Fla. stat., authorizing the operation of an nelectric personal assistive mobility device" on roads with a posted speed limit of 25 miles per hour or less, without need for a license, registration, or insurance. [3] See s. 316.002, Fla. stat. , setting forth the Legislature's intent in adopting Chapter 316, Fla. Stat. [4] See Preamble to Ch. 71-135, Laws of Florida, creating Ch. 316, Fla. stat. [5] Section 316.008, Fla. Stat., enumerating the powers of local authorities. [6] See s. 316.002, Fla. Stat. [7] See Ops. Att'y Gen. Fla. 01-06 (2001) , 98-62 (1998) and 98-15 (1998) . [8] See A~sop v. Pierce, 19 So. 2d 799, 805 (Fla. 19(4) (where Legislature prescribes the mode, that mode must be observed.) . [9] See Op. Att'y Gen. Fla. 02-11 (2002) . [10] Cf. Ops. Att'y Gen. Fla. 95-13 (1995) (city may not enact an ordinance that makes the failure to wear a safety belt while operating a vehicle on city streets a pr~ry offense since Legislature has expressly mandated in s. 316.614(9), Fla. Stat. I that enforcement of the safety belt law by http:/ Imyfloridalegal.com/ago.nsf/0176992ed3 527ebef485256dfe0061 b805?OpenDocument 4/6/2004 Advisory Legal Opinion - Municipalities, operation of golf carts Page () ot b local governments is only by means of a secondary action when the driver of a vehicle has been detained for a suspected violation of another section of Chs. 316, 320 or 322, Fla. Stat.) and 77-84 (1977) (municipalities not authorized to require that motor-propelled bicycles or moped operators and riders wear protective headgear and eye-protective devices, while operating or riding such bicycle/mopeds within the city limits since the manner and places of their operation, equipment required thereon, and equipment, if any, for the operators or riders thereof is governed by s. 316.111, Fla. stat., and other related statutes). See also, s. 322.04 (1) (e), Fla. Stat. , exempting from the requi.rement of a driver's license "[a]ny person operati..ng a golf cart, as defined in s. 320.01, which is operated in accordance with the provisions of s. 316.212." [11] Section 316.008(1) (g), (m), and (n), Fla. Stat. [12J Section 316.006(3) (a), Fla. Stat. [13J See Op. Att'y Gen. Fla. 01-06 (2001) (municipality may set a 30 "Ph speed limit on a portion of county road running through a residential district within the municipality). [iome I Mv Florida I Q.Q_mmission on the Status of Women I Florida Elections Commission I PriYil.(:::y_policy Copyright @ 2003 State of Florida http://myfloridalegal.com/ago.nsf/0/76992ed3 527ebef485256dfe0061 b805?OpenDocument 4/6/2004 P4/06/2004 09:59 FAX 352543556U ...... City of Cedar 1(f,!J Phone (352) 543-5132 'I1ie 1sfamf City . Fax (352) 543-5.560 . PO. Box 339 . Cedar Key, Florida 2625 April 6. 2004 to: Brady Myers (FAX 561 243 6208) from: Frances Hodges ( FAX 352 543 5560) RE: Golf Cart Ordinance , 325 and other information 9 pages including cover Brady. 1 will advise yo~ NOT to start this venture. It w1ll lead you to ma y proble.s when once started cannot be stopped. People love to ride in golf arts. However. if you must, restrict them only to certain residential areas. If you need anymore information please call me. I I I ! , I I I , I I I ! .04106/2004 09: 59 FAX 3525435560 ""U~ ORDINANCE 325 A:-I ORDI;'o;A:-ICE OF TIlE CITY COM"HSSION OFTHE CITV OF CEDAR kEY. noruDA; A"IENDING THE EXISTING TRAFFIC REGVI.ATlONS OF THE CITY OF CEDAR IU\'; MU:NDING THE PENAl.TIES TO ENSl'RE COMPLIANCE WITH STATE LAW: AMENDJ:'iG REGtI.ATIONS RELATING TO THE USE OF GOU' CARTS ON CITY STREETS TO ENSURE COMI'L1ANCE WITH ST.-HE LAW; ADDING REQURED FINDINGS RELATING TO THE USE OF GOLF CARTS: CLUHfYl:'IlG WHERE GOLf CARTS M.-\ Y BE OPERA TED ON CITY STREETS: DELETING I'ENAL TIES RELATL"iG TO THE USE OF GOLF CARTS THAT CONFLICT WITH STATE LAW; DELETI:-;G L1CENSI:\G REQ(,\REi\lE:"iT THAT CONFLICTS .....ITH ST.-HE LAW: RF:PLACI;'o;G LICENSING REQUIREMENT WITH MINIMUM AGE REQlJlREMENT FOR OPER.\ T1.'IG GOLF CARTS; DELETI:-iGCERT-\IN ENFORCEMEYI' PRO....SIONS RELATING TO THE OPER.\TION OF GOLf CARTS; I'ROVmI:'IiG F'OR SEVERABILITY; AND PROVIDING AN HFECTlVr D.HE. RE IT ORDAINED BY THE CITY COMMISSION OFTm: CITY OF CEDAR EY. FLORIDA. TIIAT: SECTION 1. SeClion6.00.01 ofChapler 2, Laws of Cedar Key. General Ordinances. shall he amended l() read as follows: 6.00.0J 1.Inifol'm Traftie Law Adol't<d A Thl..: PTO\-lSion~ afTitk XXlL Chaph.:r 3 16 of Florida Statutes as applicable to muuicip Iitic.:s ar~ h~rcby ~xpn:ssly J.dOph~d by (h~ City of Cooar Key B It shall bl.: unla\\ful to \'iolat~ any of th~ provisions of said Chapta 316 within lh~ III its of Ih..; city and \\-hosol.:\'~r ShlU viobt~ said provisions. or [he roviSlOns oftlus P:lr!n.t 0.00. shall. U~1\!1I ~'..1.I\ ~G[;VII uIlJ uul......H otl,~,,, ..~.. Pl\l\ ~dcd ~u .$~d.:l Cl.....ykl ~ I (,: b~ Sl1bJ~ct 0 th~ mo~..;dur~~ aud p~llall1t:s s>::t forth in Ihl.: rh1ndJ. tnifonn Dls osi[ion of Trallic Infra nons. ':\~LChoPl"r 31X_ Florida Sta1l1l05. 5"t.".1 I [J' .lIn ~b..., (ORD. '\0. 136.328) -I- . -1 -" I '. '-',..: .J.....- ; c,...., . , \ Q4/06/2004 09:59 "'AA 3~.l;)'l"iJDOU - SEeTlO:>: 2. Seclion6.00.03 ofChapler 1, Laws of Cedar Key. General Ordinances. 'hall be Jmend~~d to read as follows 6.00.03 Golf Cll'ts A. It i5 th~ in[(;m.ofthc Cip,' Commission to ::\llo\\" golf cans on c~rw.in cir\' :'itr~ds oursu . lIto ~~cti(1n 31h111. FI". S["t.l\(J<)~). !i '1l1~ City COlnmission h~r~b\' finds that l!olf carts if onL:f:lh:d in accord with the nrov l'lons of this S.:ction 6.00.03. ma\" safd\" travd O\'l:r those streets dl:si!!n.:ltcd bdo\\" \\:ithin th Cot, of C ed"r Kev. L~ A GolfCaJ1 <11,," be opaalc'<l on "".' _:1., ,l.,-_t. _.,ccpl= ." . ~ . . .:.J)\.....;I~'-"II_. .nolLl'1:L..d. 311 citv str~cts within the eil\ of Cedar K~\- on:r which the (it has nrimar'\" iurisliiclion nur.s.U3.nt to Section 316.0(}(). fb.. Scal. i 19':>l'O. \duch mc\ude a.1 city sm.:L'ts and count\ roads "ithin the elt... limits. D. Golf C:.lr[s shaH not b~ oncrat~d on Stat(; Road 2-1- exccot 10 cross such hi!.!l1\vJ.v 3[ dfSig IJ.h:d c r...')S$m~ 001l1t5. [f.1 .-\. Gulf Carl may only bl.: opcratoo during thi.: hours b~t\\'~cn'sul1ris~ :.lJIU .:;unsct. EE A (Jolf Cart must be ~lIippc:d \\,'ith efticient bra.kt:s, rdiable st~cring. sati.: tires. a rt:.a 'Ie\\" mirror. J.t1d red retkctor w:ln1mg dC\--lcCS in both the from and n:ar. QD. A Golf Cart shall YIeld to regular motor vchiclL: tunic \\-h..::n it is apparcnt that the t affic cong..:stion is occurring and shalL in evcry c\'t:nt. yidd to police J,nd cl1ll:rgl:IU::Y vducl s UE No ~olfcar[ :-.;hall b~ l1p(:r:lIed by illl;gn~ under thc a~r..: of I R ,'~ars ;t-mmt'7r'"C'httd tlpOnall CIIY :'ilfl.:ct \\idlin [he:: Cit~ ofCcdJ.f K~y"", l,...h..;u .~b\.-".. .,....l Cl.'ltlll.nlC"S$'" .. .~ ~...I;J d!;n....~ l;".l~m.tl,v St...t" vfllvHd.. VI .I.II.~ ...,1l.(.r:;{3tc. L S...) !.!olf cart Sh~l11 be mJ.;:r3t~d on thr.:: SU\-:~t:5 \\-irhin th~ (itv ofC~da.f k.:\ purSUJrlt t 1111S -2- <> ,ocj - , ~ Q4/U6/ZUU4 U~:'~ t'M OJ:J4C:J''';);)OU --- S~cIlon.unkss that,; is :m in~torcc insur.lnc~ nolie\ .:o\"erin~ the: Qolf C~rl Ii shall (' th~ r~-:;.l.)i)nsibilir\ of(h~ own.:r oftht.: !!olfc:Lf[ to nbt3.in insur:lIlc:: cov~nn!! thl: !wlf cart lJl d 'arr. Droof of s.J.m(: at 3-11 [im~s dtlrinH which [he:- co\.'cr~d Hol1' cart is one rated on all city s r(:~b \\ ithin lh... ell' ofCI.'tIar J(;:,- o\"t~r which tht:: C it\." h:.\s orinu["\. iurisdlction nursU':lllt to S ctlon 31 n. onf-. Fla. SrJ.L ( 1995 \. The lTImimUIll amounts of rcuuir..::d insurJ.nc..: CO\icra~I.' sh : II be S50.00000 ll~r ,,~rsol1ibodil, miur'. S 11I0.Ollll 00 ocr incident!nrooert'. ,nd umbrella r :~11 1,....0.... l~... .)11u.1IL." ....:l~....!.J"'J ..1~"~lI""~ o,Af .....11 b. In.,,,.......... .i...u~.1 . OV O.d;............. .)1.....11 b.. (.OU.J;dwl...d..1 u~ll ":liu,~u.:al ;lIf,..di\.,.. ....11~1-31,....JII,(. Jub~........, ., , '. 1.....t ..() ,....td-Fift:-9ol-l...uJo ($~f:l.BO) p...., ..........U.......,....... .--.;d f....... .~ll.1. - ofth'C'"t';l.'" vfC....J.u l~...._~. ..1..&Ill ,~II""I"""'" ....,._. I-'......~Vll ~;.....btlw~..th . , '11lJ L.............1....5 ~ud'LI....J L.., tt.... C;L_.. I..........)u..l,'of Su...l. \";....I..,t~c),~ ...,..1 ....fu~,...~ lu I-'.J.: thc-:tppr\J~ ".,e. ltn. .......II.ltl.~ b'..........,.} ..I I~...ll UJ-'V" cl.... gulf .....ut ~.Ild 11M.' b... l'v,.......lv.:>...d L.., lL... F~n-~=:l ""nt "",[,V" ~.. ....~ 'o",LoftL~~ .:>l...L..... It .,I,~,li L.... pl...':'Ull1,d ll41t th... V........ vrt~~. ","no f'VI lL.. .:1-:"". .....d [I,.... s...lf ':"..ut 11'.1_, D... d...t...,;....d 0, ;"'p,-"uld...d ..lit;} thcr- . . pol;....... 611~....., .....i'll,,- C;t..~ vf (...d..., I~....~ 111.1." ...(1.1:-. ....~'-Ill 1'0. ....vl1..(L...=, do... f'\.h:tltlcstLTJ m=l 1..IU'~I......ll'J ll.;~ ..."..J;.........."'" ...."d. shall !:l;~'" to (1.... v~".... V' d,;,(J vffh . ..f .jVU e. . I~"''';V' f.JI ....1I1-'.........lt;....., (.olkd"(d-rnJullal",. $.....1. uB~......1 Ul ..gc=n - ..... . U\\II.... "-" d,~~",-. ortl.(. ~'JIJ ....ul..,v 4." ..ut h._' mld,.l._ d...IJ.... II,... ,..1.:...1.... (ORD. NO. 235 251. 328) SECTIO:'li 3. II' any fJortion or this Ordinance is declared by a Court or cOIn elcnl jurisdicli'1I1 10 he invalid llr unenforceable. such declal'dtion shall not be deemed 10 al1<: I the r~lllallllllg pl.lniolb orlhis Ordinancc_ --'- \ - . . . ..:. P4/U6/Z0U4 U~:bH I1AA .HJ"OJ't,)\)OOU -~- SEcno,," 4. This ordinance shall be effective immediately upon final adop ion. PASSED fiRST READING ON DECEMBER 14. 1999. P.....SSED SECOND AND FlNAL READING ON JANUARY 11.2000. CITY OF CED,\R KEY. FLORIDA L! ./'.' -'-,' f ",1 I. /,,~ BY;/~ (i LL.( /-l?{[fi ,:,-:j' tvf.~ YOR./COMf..f1SSIONER- ,/ ATTEST: "...---..... ,-'__. '-'-='~-'-1 -', __ FRANCES HODC,ES. CITY CLERK -~- [ I , ! ~ ...\ .'-j - ..- ;..-' "4 ""\ _ ,.;r- ... I ! ~4/UU/ZUU4 U~:~~ !<J\A. dO"O/folOaOU --- , City of Cedar Key, City Meeting March 21, 2002 i Golf Cart issue. CommissIOner Sills has queslions especially aboUlliability. : consiJering 14 yr. olds can dri,'e carts. City Attorney Coffey Erst reported on whcther thc ! City may placc a binding relerendum on Ihc ballot. The answer is no because il is in effe<:t I repealing an ordinance. Rorida law does not allo\\ ordinances to be either adopted or i repealed by rclercndum. Also Cily Charter docs not pronde for this. The second question -I Clluld" non-bloolng slraw YOle be on thc ballot~ That is possible under the City's Home i Rule JXO\\crs . Ther" is nothing in the Rorida sututcs or the Cily ChlU1er to tell the I CommISsion how tu do it. and they would need to work out their proces.s 10 get it done. : Commissioner Hibb.LS asked if this mC:lns that the golf cart question is solely the decision I of the commission and Attorney Coffey confirmed this. Commissioner Sills rcne\\ed tile I factth"t In determining Ihe uses of Ihe Marina a great deal of time and money was spent on ! the ,ssue. He e\plained that before this is done on the golf can question it is important 10 ! know how the residents feel about this. He felt a. duty to tl'} 10 remm'e the city's liability. i . . I I Commissioner Hibbits menlioned Ihat sinL'C they haye an ordinance requiring insur.mce on ! the golf can.s. might this be an enforcement problem mthcr than a legislation problem? The! Mayor called the Chief to respond. Chief Swogger explained that a golf cart is a \'ehide ! responsible for following the same rules as a car with additional rules relating only to golf ! carts (no dm'ing at night for instance). It is like a bicycle on the road. If a child goes ! , through a SLOp sign. the City IS responsible for the sign warning him to stop. not what , , , individuals do. The Chief's concern is proof of agc for a 14 year old since they du not j hlJ.\'e a dri, er's license. How to enfofi.'C the agc withoul proof? He considers that Rorida ! law created the problem since they hayc set the age al 14. There is a problem of ! enforcement. ! i I tvlr. James raised his concern about young dri\'ers - e:m they be tJcketcd for \'iolations" ! The ChIef responded that yes they can. Eyen bicycles can be cited for failing to SlOp aL a ; I , SLOp sign. ! i , , !Iobyor Du,'is introduced Mr. Tom whom the Mayor designated as the head of the Citilcns ! Advisory on this isslle. But first Mr. Maurice asked when the sute law was enlK,ted and i was it for cay streets rather than a golf course? Altorney Coney thought Ihallt passed IWo years ago and applies to carts when local goyemment authoriles their use on city streets. Jeff Dwyer mised the isslle of sute and county roads mixed into the city. Is the cily responSible for aIllhree kinds of roads and does the insurance co"er all of that? The Chief responded that there is a long standing cooperatil)n WI th the sheriff. It is understood that Cedar Key Police take care of the area around Cedar Key due to their response time and the, County In turn helps Cedar Key out and also makes arrests. AccordlOg 10 slatute the Chid] belie\es that it would be up to the county to :wthori/e golf calt u:lYcl on county roads. . Commissioner Sills faxed a requesl for information to the County. They responded that he would ha' e to be put on the agenda of the next commissioner meeting to dISCUSS his questions. Reached by phone Me. Beauchamps expressed that the County would be likely to go along with whaleyer the city wanLed. \lr. Tom "sked the Chief to read the regulations on his contra.:t and are the same as those unanimously adopted by the City in 1999 except for one rule. Mr. Torn did nOI acccptthe CIl) requirementlhat driyers be 18 )T. old. He limits his contract [0 those 21 and older. No\\' there arc three sets of rules - each business being llblc sct their own c"ntmct aas "ell "-5 each reSident who ,-,wns a carL Sees thIS as a conflict of rules. The stalC of cOllrse slIperseJed aJllocal regulations. Since he cannol change state law he belle\'Cs tillS is a m:lU~r of enforcement of the current nlles. 04/06/2004 09:59 FAA a52543556U ""VI The Chlcr reat.lthe rules on Mr. Tom's contract. Since insurancc is reqUired to be proyidcd by the owncr ~vtr. Tom behcycs that the City's responslbillt)' IS minimal with regard to liabilay. The city is no more rcsponslhle for a carl accident th<U1 thcyare If a truck cmshcs mto another ,chide. It is a matter for the owncr's insur..mce. He conSIders that the I\orry about ellY habihty IS mtXlt. Att()rney Colley agreed thattbc question of the City's liability is mimmal. Once the CilY determmed that it IS sa!'e to run carts on the street, which it did before allowing them. then aJlowing the carts docs not create liClbility. He charactcnl.ed Commissioner Sills worry :IS one for the scu'et\. of those usin~ the carts. The SUle Ial\' docs not interferc with businesses scltll1g a higher ag.e limit. - CommiSSioner Sills broughl up a coneern thai there IS no way to knol\' if somcone has comphet.l and has mSurance. Docs Ihat mean that cycn If there is an uninsured cart thc City is nOlliable. AHomey Coffey answcred that he is right, the Cily is nol obligatct.l to lake action. Howe'.er il the police stops someone and disco'.ers that they do not haye insur,lOce then It must be enforced. (fit is not enforced as violations are discovered, then thcre is some nsk of e\p<.Jsure. Mr. Tom reiterated thatlcgislation is nO! required, If the city requires proof of Insurance anu of required S<lfety features it could be handled that way. To consider banning carts as a solution would be political suic'idc, He requested that Ihe City fonn a committee to aLldress the msur,mce and equipment aspect of enforcement. The ~'layor asked the Police Chief if any tickets bave been written on golf carts'! Not to Chief Swagger's knowledge. The ChicI' expected that the ticket could be written just a.s he docs for cars, simply noting that it W:15 a cart that was involved. He believes that it would hold up in ('our!. The Mayor thanked Mr. Tom for his work. The City was looking for ~itizen input. Perhaps regislmtion will be posSible with a sticker to show compliance. Commissioncr Daniel asked how they can get the county to come in to the Cedar Key c(xles? Mr. Nolan who is a former police Chief slated that any federal, sl:Jte or county road that goes into a cIty is the venue of the city, including SR 24, unless a road is specifically c\empted, Thc Mayor addressed Mr. Tom that hIS business should enforce the ndes With lax parents anu takc the kcy away. Howev'er it is a practical malter that Ivlr. Tom in his electric chan ~,,"nOI do, so he believes it should be a poli~e matter. The Chief responded that he can only stop and cite them if they brC".dk traffic or ~riminallaw but not dyjl rules and rcgubtio.ts. He cannot take the keys but can ticket them. Mr. Tom would like to see an effort bY' the Citv to m(idifv the state law. Attorney ColIel confirnlcd that the only way to change the law'is to go bCfore the legislature to change ii. Attorney Coffey identifies one problem area under the current laws. He e'\pbined thatlhc city has Jurisdiction to enforce the traffic laws. Howe'.er the laws dtlTer from counry, SUlC and cily. County law forbIds golf C:J.1'l use and appro'\imatcly g()<1c of the city strcets arc ('oullty strcets. ~4 is a slate road. The county and the sUte could authonl.c can use but they ha\.e not. If the city is to continue to ill")w carts all o,'cr the city then It \\ould make sense to \\nrk with the county and stalc 10 clarify the law. A 4uesuon was asked about how prlwe the age of a dn\er. The Chief docs not understand \\ hy the law IS set up this way bec'ause it IS hard to pnwe. A citizen suggested that when anyone not old enough 10 hm"c a licen~ is Slopped they be pulled ewer and sent home to produce '\OITIC proof of age. --- --- Y41 UOI ~UU4 Ulf: OU' l'A.A .HJ"a'f:.HHJOV 'I!::I vol i i A du/.en asked if this job of enforcemenl really everyone'sjob. For ins!:.mee if reckless ' bchanor IS noli~ed a call could be made to Tom, He has numbered each of the carts for ' C'-l.S) uJcnl,fication. Connie eould come OUt and handlc the matter. The police need ne,t be m,,,"'ed ,n handling children. Another citi/.cn added that he \I as stopped by the police \\ hen hc Ict his 13 vcar old niece and that was enough to correct the situation without I gl\ing him a lIcket: That can be done by any ,l us not Just the police. Chief Swogger said I tbat he encounters parents that lie about what is going on. He joked Ih:>t getting Iie<..lto is a I great part of this job! . Another rcsldent commcntw that he thinks a referendum could be ,'en: divisi,e since it is a cityeommission problem and decision. He went on to say Ihat he thought the residents \\ '101 to heoll a strong endoNement of cart use. They are safe. dean, efficient and an important commerei:>1 interest. We are askmg wrection from the commission. He hoped the council and eitiLens would come to an agreement thaI would continue their use. Commissioner Sills responde<..lthat il would be easy to willk away from this bul he fell it I needed to be addressed. ' , , A citi/.en asked how Ihls issue wenl from a eompl:tint al an earlier meeting about carts a5 a i tramc nuisance to po6sibly being banncd. Bob Davenport commented that he remembered that banning carts was mentioned by Commissioner Sills. On the other issue. He personally gOI Insur.mce very easily by a phone call at low cost ($15). CommISSIoner Sills i "eknowledged thaI he docs consider them :m annoyance and would like to see them off Ihe ' moos. but he also saw other more serious queslions and IS willing to put his personal feclmg' aside. ~Ir. Cecil remarked thaI he thought his policy on golf carts had an agc limit You mighl I wanllo check into that. Another resident, Mike Smith, introduced himself and explained , that he was in the insunlnee business, invesligating. He asked the Police Chief if he ' stopped a car and no one could produce a license, would they ha,'e to park the car? They I would hale to park. the car. He emphasized what a benefitlhey were to the city as a business and for their clean cfficient operdtion. He said he agreed \\'ith the idea of a l:l'\. to ollset the cost or reglslration and enforcement. He cited the fact that motorc\'cle drh-crs do not ha'e 10 have b<.~ily injury illSurJ./lce. He fecls that a golf cart Will rail u;'der "dangerous inslnlmenlality" area of la\\'. If the driYCf has no insur.mce then the owner IS liable not the City. Attorney confirmed that they would be. Commissioner Sills said tI1at he sees that the city IS not as liable as he thought. He IS still concerned about 14 ''I. old.s But a straw 'ole does not seem needed. The Ma\'Or suggested that The ClUef of Police and the City Attorney to get together and check into some or ~le Information shared at Ihe meeting. They could illso check with the county bUI Ihat could be a slow process. CommISSIoner Hodges M<>.DE A MOTION TO DROP THE WHOLE ISSUE OF GOLF : CARTS. COlYUvllSSIONER H1BBITS SECONDED THE MOTION. MOTION CARRlEd UNANHv!OUSL Y BY A ROLL CALL VOTE. t\.1s. Ru~kcr asked dUling the time giy(~n for dISt~u~sjon for the city to p05t signs telling cart dri'ers that they need 10 pull mer to let Irani" pilSS. Artcr thc vote the Mayor 'Lsked Attorney Colley if dropping the ,,'hole ,ssue would make lhem liable In any ,,'ay. He agreed that Ihere is a potemiaJ for li:lbililY when a problem IS recognIzed but it goes unaddressed. He does S:lY there is a problem. the faetlhat lhe ~4/UU/~UU' u~;n~ rl\.A olU..U't""iJlUU - urJimmcc is (m the brK'iks tL'! allow clti/cns to use carts ~m all streets when in fact there is no! agreement from the county. Both the county and the sute should enter into an agreement . \'.Ilh Cedar Key that a1lm\ s carts on the streels. Then the City would h.l' e done e\erything i they C;ln to reuuee their liability. There doesn't seem to be much of a history of can accidents. t\ls.Jolie slated that no\\' that Il is a maller of public record that the city doesn't ha\'e a means of enforcing the lfisumnce requirement. Docs any action or inaction by the city i make us more liable since we ha\e the Knowledge that \\ e are not enf"rcing L~ese requirements') Altorney Correy responded that the slalC law docs not require uking lhe afllrn1aU\e step 01 makmg sure e\ cry operator has insur.mee. II you haw specIfic i knowledge such as on a routine traffic stop tt becomes known that the operator docs not h.tle insurance. then enforcement must happen. Mr. Jell Dwyer added that there also seems unclear how ea,'y it is to get insuram:e. , Attorney Coffey is not think that was a problem for the Commission 10 de.~ with. he did think that the police should routinely ask about insul':lnee. The Mayor reminded the group thatlhey needed to dmp this discussion but he was concerned about his pcrsonalli:lbililY. A!lome\' Collev did not know but hc feels conL'Cmed that it remains m issuc that should bei addressed. He is confldcnt that it could be resolved to C\'Cf\'one's satisfaction. Mr. Tom reIterated that he thought it was a law enforcement issue arid the agc issue should be addressed with the slate. The !\.fayor finished the discussion by Slating that he ,,'anted te> i see tickel~ gi ven out. Community RedeveloDment A~encv The Mayor asked City Attorney Coffey to ! mtf(xluce this itcm. The Oty Attorney revie\\'cd thc resolutIons that designuted the \\ hole elly , as it eXisted as of Dee.99 as a community rede\'elopmenl area (Resoluti,m 194 Dec. , , (9). Resolulion 20) in May 20(JO adoptcd a minimal plan. The plan was transferred to thc City I for consiJel':lllnn. Whcn thcy created a community rcdcvelopment area, thcy also created a i rednelopment agcncy and established that it would be governed by the City CommisSlon.1 On Oct. 2, 2IK)O the city adopted a rede\'clopment plan prepared with the a"i~lance of t!F i College of Law studcnts. This plan will ha\'e to be dc\'eloped into:l more specific one. Ordimmce 338 eremed a trust fund Oct. 10. 2(XX) to recei,c the runds .The State of Ronw ! about 1969 es~\blishcd redevelopment areas in Rorida to help eliminatc "slum and blight". i The city has demonstrated that itlCchrnc,~ly qualifics. Many people are offendcd at the . tcrms 'sl um and blight" but they arca very broad tcm1S. i Once the plan goes into cffect. all oj the growth of the ad valorem tax base illSid~ the city of Cedar Key as it existed on that date (Dec. 99) Il'ill seTl'e as the i base for the fund.. Thc growth in the city's and county's u\ base for the ne'tlhiny , , years ncarlyall go to the City of Cedar Key. appro"mately 95'1 of thol<e lll\cs. Al a pre\lous meeting a transfer of funds \\'as made to that account by both Cedar Key ;md I Lc\ y County. When thc County made its tr.lIlsfer it made an error and overpaid the i fund. The CIty paid $8.710. representing the increase in the la' base since Dec. 99 and only induded properties that were already in the city in Dec. 99. The County made their payment of $30,796.74 based on the properties included by Dec. 2001. There "erc then pruperues lnd uued that had becn anne\ed after Dec. 99. The County however also paid late so thcy lose the 5'7.: they are entilled to keep. And they ha,'e 10 pay I (1 per month ;LS long I as they arc late. City Altorney Coffey and City CierI.: Ms. Franc'e gOltogelher and calculated the O\erpayment as $3,523. 9H. When the 59< penalty and 11ft monthly penaltics Welcome to the City of Atlantis Page 1 ot 1 'n1e City of *~~.Qri\IO A-Wwu.. P'~. 334C,i.'.a ?lllanlLS 561-965-1744 14AlN MENU Home History Ordinances to Remember Newsletter City Government . Dogs and Cats must be kept on a leash, maximum length 6' and be under the cont Building Department their owner at all times. Owners are responsible for removing defecation when walki their animals. Utilities Department . Dogs and Cats are not permitted on either golf course, which is private property. Police Department . Residents are not permitted on the Atlantis Golf Club Course for any reason unles! are members or guests. The mere fact that your residence backs up to the course in way gives you or your children permission to trespass. . Children under driving age are not permitted to drive golf carts on the public street! if accompanied by adults. Incidentally, your homeowners insurance does not cover { cart owners for accidents on public streets unless going to and from the golf course. '-earts'end1notoribikes'lIrenot'P6...iiw.don'the streets at any time. . No golf carts are permitted on the public streets at night. . Joggers are not permitted on either golf course. . Fishing is permitted by Ordinance for residents and guests in designated areas onl . Anyone planning renovation of their residence should contact the City Building om be certain that the contractor is properly licensed. . Recreational vehicles are only allowed within the City for a period of 24 hours, for t purpose of loading and unloading. . No person shall cause or permit the water sprinkler system to spray onto the City s to the extent that it interferes with the safety of pedestrians or motorists or to the ext, that it causes damage to the City streets. . Construction or repairing of buildings is allowed between the hours of 7:30 a.m. an p.m., Monday through Saturday. No work is permitted on Sunday. Privacy Policy I Terms of Use Home I History I Newsletter I City Govemment I Building Dept. I Utilities Dept. I Police D Copyright C 2001 http://www.atlantisfla.org!ordinances.html 4/6/2004 San DIOllO Municipal Code Chapter 8: Traffic and Vehicle. (6-2000) Article 4: Miscellaneous Driving Rules Division 17: Rancl1oPenasquitos Golf Cart Zone ("Ri1nchoPenasquitos Golf Cart Zone" added 4-10-1975 by 0-11553 N.S.) ~4.1701 Citation of Ordinance This ordinance may be cited as the Rancho Penasquitos Golf Cart Ordinance. ("Citation of Ordinance " added 4-10-1975 by 0-11553 N.S.) ~4.1702 Purpose and Intent The purpose and intent of this division is to establish a zone within which unregistered golf carts may be operated upon certain City streets and to prescribe rules and regulations for the operation of said vehicles within said zone. ("Purpose and Intent" added 4-10-1975 by 0-11553 N.s.) ~4.1703 Definitions Whenever used in this division, the following words or phrases shall mean: (a) "City" shall mean The City of San Diego, a municipal corporation in the State of California. (b) "City Manager" shall mean the City Manager as that office is defined in Section 27 of the City Charter and any officer or employee of City, appointed by the City Manager to act for him. (c) "Golf Cart" shall mean a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than one thousand three hundred (1300) pounds which is designed to be and is operated at not more than fifteen miles per hour (15 mp.h.) and designed to cany golf equipment and not more than two persons including the driver. (d) "Golf Cart Zone" shall mean that area within one (I) mile of the boundaries of the Rancho Penasquitos Golf Courses as determined by the City Manager. (Amended 2-22-1978 byO-12300N.S.) Ch. Art. Dtv. ~ . San DIOJIo Municipal Code Chapter 8: Traffic and Vehicles (6-2000) ~4.1704 Establishment of Golf Cart Zone (a) The City Manager shall establish a zone within one (1) mile of the botmdaries of the Rancho Penasquitos Golf Courses within which unregistered golf carts may be operated except that: (b) The City Manager shall determine which streets shall not be included within this division because operation of unregistered golf carts would not be consistent with public safety. (c) The City Manager's designation of the limits of the Golf Cart Zone and excepted streets shall be conclusive. (Amended 2-22-1978 by 0-12300 N.S.) ~.1705 Posting of Golf Cart Zone Signs (a) The City Manager shall cause to be erected signs designating streets within the Golf Cart Zone, and (b) Unregistered golf carts may not be lawfully operated on streets not posted as within the Golf Cart Zone. ("Posting of Golf Cart Zone Signs" added 4-10-1975 by 0-11553 N.s.) ~.1706 Golf Cart Equipment Unregistered golf carts operated within the Golf Cart Zone shall be equipped in accordance with Section 24001.5 of the California Vehicle Code and any amendments thereto. ("Golf Cart Equipment" added 4-10-1975 byO-1l553 N.S.) ~4.1707 Golf Cart Regulations (a) This division shall not be construed to abrogate any section of Division 6 of the California Vehicle Code pertaining to the issuance, expiration and renewal of drivers' licenses. (b) Golf carts operating within the Golf Cart Zone pursuant to this division shall not be required to comply with Division 3 of the California Vehicle Code pertaining to registration of vehicles and certificates of title. Ch. Art. Dtv. I:TITI!Z:B San Di"2o Municipal Code Chapter 8: Traffie and Vehides (6-2000) (c) Unregistered golf carts shall only be operated within the Golf Cart Zone between sunrise and sunset. (d) Golf carts operated pursuant to this division shall only be driven between the Rancho Penasquitos Golf Course and the place within the Golf Cart Zone where such golf carts are parked or stored. (e) Golf carts shall not be used to cany more than two persons including the driver or any load other than the golfing equipment of the occupants. ("Golf Cart Regulations" added 4--10-1975 by 0-11553 N.S) ~4.1708 Effective Date This division shall not become effective until the City Manager has caused to be erected the signs required in Section 84. I 705 of this division. ("Effective Date" added 4--10-1975 by 0-11553 NS.) ~.1709 Violations of This Division A violation of this division shall be punishable as prescribed in Section 12.0201 of this Code. (Amended 8-10-1993 by 0-17956 NS.) Ch. Art Dill. ~ ?-14-54-1410. Operation of golf carts on city streets. Page 1 of 1 BrOWSE! Previous p]!~ I Table_of Contents I Browse Next Paae Copyright? 2001 Matthew Bender & Company, Inc., a member of the Lexis- Nexis? Group. All rights reserved. Title 14. Local Government. Subtitle 3. Municipal Government. Chapter 54. Powers Of Municipalities Generally. Subchapter 14. Miscellaneous Regulations. ? 14-54-1410. Operation of golf carts on city streets. (a) It shall be within the municipal affairs and authority of any municipality in the State of Arkansas to authorize, by municipal ordinance, any owner of a golf cart to operate the golf cart upon the city streets of the municipality; provided, however, operation shall not be authorized on city streets which are also designated as federal or state highways or as a county road. (b) The municipality may authorize the operation of golf carts on city streets only from the ,...,,:""'" owner's place of residence to the golf course and to return from the golf course to the owner's residence. (c) When authorized by the municipality to operate on the city streets and limited to the circumstances and provisions of this section, there shall be no motor vehicle registration or license necessary to operate the golf cart on the public street. (d) The term "municipality" as used in this section means any city of the first class, city of the second class, or an incorporated town. History. Acts 1993, No. 976, ? 1. ?????????? Browse Previous PaM I Table of Contents I Browse NexLPage AJ( ~~5A) UvJ http://www.ahtd.state.ar.uslinfo/act300/2001/14/14-54-1410.htm 4/6/2004 Archives - Volt' Cart Rules tor Uuck Key J:'age L. or L. "Low-speed vehicle" means any four-wheeled electric vehicle whose top speed i~ than 20 miles per hour but not greater than 25 miles per hour, including neighbor electric vehicles. Low-speed vehicles must comply with the safety standards in 4! 571.500 and s. 316.2122. (1) A low-speed vehicle may be operated only on streets where the postec speed limit is 35 miles per hour or less. This does not prohibit a low-speed vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. (2) A low-speed vehicle must be equipped with headlamos. stop lamos. tu siqnallamos. taillamos. reflex reflectors. parkinq brakes. rearview mirrors. windshields. seat belts. and vehicle identification numbers. (3) A low-speed vehicle must be reQistered and insured in accordance witt 320.02. (4) Any person operating a low-speed vehicle must have in his or her possession a valid driver's license. 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Lighting Up More Than Your Life GEM is equipped with a standard exterior light package for increased visibility and safety. including halogen headlamps. taillamps. a high- mounted stopLamp. and rear and side reftectors. *lnmoststates:subje-cttostatelicensingregulations. gemcar.com - 5 """'0':.;.;>;, , Value . Zero-Emission Vehicles (ZEV) operate for just pennies per mile and offer cost-effective workplace mobility solutions for businesses. . GEMs are eligible for a federal tax credit and additional incentives or grants may also be available from clean-air districts or other governmental agencies"'. . Onboard "smart charger" plugs into any 110-volt oullet to allow for fully charging your GEM in just six to eight hours. . The GEM comes with up to a 12-month limited warranty. 6 ." .C"~" . , master military bases. design and a fun way GEM e4 you'lI always Exactly What You Need Whether you need a vehicle for short trips downtown or for quick transportation in a work setting. GEM Neighborhood Electric Vehicles can easily be customized to meet any need. Choose from four practical models designed for fun and minimal operating costs. You Can Bank On It With a lederal lax credit. grants. and government incentives.. . See your lax advisor for details. gemcar.com - 7 ... , GEMSafety & Technology 3-Point Safety Seat Belts Standard in all GEM Regenerative Braking System (RBSl This system models. You can drive at ease knowing that this > puts power back into the batteries while braking. basic safety feature is there for you. Lt increases vehicle range. improves brake life. and increases functionality. Passenger Comfort GEMs have cushioned seating made of easy to clean monticello grade vinyl and equipped with integrated headrests. Double A-Arm Suspension Improves your driving The GEM's minivan style driving height also experience with an upgraded suspension system makes it easy to get in and out of your GEM. for the 2005 GEM. The 2005 GEM balances front shocks and springs with a new rear suspension. Front-wheel Drive Because easy handling and optimizing stability. The overall suspension control are crucial to your driving experience. all design provides an automotive feel to your driving GEM models are front-wheel drive. experience and smoother ride. Stability and Steering With an additional 3 inches Aluminum Space Frame Construction Provides in track width and an all new suspension system. < strength while being lightweight. reducing your steering is made easier and the wider the amount of power needed to operate the vehicle base adds greater stability. vehicle. It's just one of many specially designed components that work together to provide the best possible range. S "'C''''"''_.''. , 5 Horsepower 72-Volt GE Electric Motor The 5 NEW LCD Driver Information Display Provides horse power motor provides for the best use convenience and functionality for your GEM with of energy from the batteries giving you optimal < easy to identify speedometer. battery state of range and performance. charge meter and icons for everything from turn signals to warning lights. i GE Custom Motor Controller Regulates the flow Power & Signal Distribution Module (PSDM) of current from the battery pack to the electric Provides for fundamental performance i motor. This component monitors everything from improvement. improves access to fuses. and speed of the vehicle. to regenerative braking. consolidates auxiliary functions. The system to charge in the batteries. It's the brain behind provides for improved protection from the emission free driving. elements and enables modular connectivity Seated Etectronics Protect the most important for easy addition of electrical options and components that drive the technology behind accessories. the GEM. The Controlter. Charger and DC to DC The 72-Volt Battery System Made up of 612-volt Converter are all sealed to prevent the need for deep cycle batteries in series to provide the power maintenance. :<: that makes the GEM emission free. No more trips to the filling station. your standard 11 O-volt Delta Q Charger Is programmed with a charging home outlet will do just fine. It is driving power algorithm specifically designed for each type of in its simplest form. Trojan Flooded electrolyte GEM batteries. This component charges each batteries are standard. but maintenance-free battery in the battery pack equally and efficiently. Deka GEL batteries are available at an additional providing maximum range and performance. cost. gemcar.com - 9 m , Functionality · Four models to choose from: e2. e4. eS. eL · Changeable modular accesory backs can carry anything from picnic baskets and groceries to luggage and golf clubs. · Easy-ta-c1ean interior and rubber floor mats reduce cleaning and maintenance time. · Perfect aU-around vehicle for communities. resorts. marinas. park systems. hotels. industrial complexes. construction sites. college campuses and military bases. · 2.ply street and turf rated tires_ · Electronically controlled 25 mph top speed. · Low speed setting allows for reducing top speed from 25 mph to 15 mph_ . Choice of canvas or hard doors . Available heater/defroster 10 _,u"_,,,.._, .....~"-"~""..,~~....-,"~""'~~-""~~'!:Yi}~t':.1I~ ~, ',~' ", .:r:~"" : : ~ ':' .::::: -::..:-', "~>::" .':' . .. , ;' .....G ..~. .-'. - - - 'Af ,."fiCW""."."". J- :.I~, \! .~",,,~_,:':"k~i ,/( ---,~" -!j;L"-'h~::., ," .. Plug And Play Maintaining your GEM Neighborhood Electric Vehicle couldn.t be any easier. Simply recharge the batteries by plugging into any household 11 O-voLt ouUet. A single charge I wilt take you up to 30 miles." J Take Your Pick Choosing from GEM.s four practical modets. you.re sure to find the GEM that"s right for your needs. And with so many options and accessories. customizing your GEM is a breeze. .. Range wilt vary depending on temperature. terrain. and driving style gemcar.com - 11 '..".,:.:>"'".-.-."..,,'.......7'._W , . Efficient GE 72-voLt 5 (continuous) horsepower DC Motor. . Rack-and-Pinion steering provides superior. car-like feel and performance. . Fully independent front suspension provides added stability and precise road feel. . Front-wheel drive with direct-coupled Dana differential improves traction. . Regenerative Braking System (RBS) improves battery and brake life. while increasing vehicle range. 12 ".~ -- ,~n~e_,"_, , GEM Neighborhood Electric Vehicles efficient DC motor doesn.t put out anything - except reliable perfor- mance. A zero-emissions vehicle. GEM can travel up to 25 miles per hour and can be used anywhere - even indoors - because it emits no tailpipe emissions. Thanks to GEM.s fully-independent front and rear suspension. passengers will enjoy a quiet. smooth and comfortable ride. gemcar.com - 13 ,:,,..,,.;;,,,,,,",,,,,-;,.,,.<<';.:.-."7CC,.",,,,",,,":._=.-,,,-.I,_.' _ .. w~,'__~__~~'i'5':,..,..;,. _n,_ , Customize Your Fun! Great Options & Accessorie ., Customizing your GEM is simple and fun. Select the heater/defroster and doors for those colder nights. perhaps the Alpine Stereo System to set music to your mood. And for those trips to the grocery store. nothing works better than the trunkback™. With so many configurations. you can make your GEM uniquely yours. 14 , , Ii , , for your GEM Driving Experience... 1 I i GEM is committed to bringing its customers an extensive list of original GEM options and accessories. See your local dealer or gemcar.com for the most up-to-date list of available options and accessories. gemcar.com - 15 ~",..'" , , As a GEM owner, your experience is one that we believe should be as fun and enjoyable as the time you spend in your vehicle. GEM strives to provide quality customer service and resources for you. Included in your vehicle is a comprehensive owner's manual that will give you details on care and maintenance for your new GEM neighborhood electric ve- hicle. For your convenience, there is the GEM Owner's section on our website at gemcar.com. Here you will find helpful maintenance tips. a copy of your owner's manual. as well as information on service. As a proud GEM owner you can also show your colors with GEM merchandise that is as unique as the vehicle you wilt grow to tove. See the tatest styles and gifts at www.gemcar.com. Through our online GEM Community ..GEM Town... tocated at gemtown.com. you can see how people across America are building better communities with their GEMs. Learn how the vehicles are being used. discover what GEM is doing to design better transportation systems, and connect with other GEM owners. We at Global Electric Motorcars. L.L.C believe strongly in ..Keeping the Promise... and Exceeding the Expectation. - GEMWarranty & Service Your new GEM comes with a 12 month limited warranty as well as optional extended warranty options for an additional 12 or 24 months.' ,~; GEM offers service through our authorized GEM dealers across the country. You can r .} always count on your trusted local dealer to deliver high quality service. and because y many of our dealers have achieved a five-star rating from OaimlerChrysler you can count on the quality assurance for your service needs. i f Through select dealerships GEM offers mobile service. Imagine a GEM factory ~,: . trained technician who comes directly to your door! The convenience and ease of t ~door-to-door" service has made this program as easy as it sounds. r GEM believes customer satisfaction is the only way to success. Not only does GEM have your service needs in mind. but just as important. your time and convenience. , Our unique service programs were created with our customer's needs in mind. . . . See your authorized GEM dealer or your owner's packet for warranty details, , 16 ,,,,...,,,.~,,,~.. "'cO',",""", .. .c;,...,":.;~~{.,,,,.,.,,,,,,,/.~.,,,~~,.,_~..,..,,N'" '''"',.v...~.'''''-,.~.."v,...~ .., ";.'"~'''''~'~~'''''''''''''''''''''''l,$l ""T 1.11lfj!;~"'H,i]-U]J -tWlJ, ,.I,mJ -;. . ,.".,d,A!, . , , .. , Metallic Silver' White Red Metallic Blue' Metallic Green' I i Yellow , I Standard White Custom Aluminum Custom Chrome . Metallic Blue. Metallic Green. and Metallic Silver are premium colors and priced accordingly_ Please see your local dealer for details. gemcar.com - 17 , GEMSpecs&Details 2005 Models GEM e2 GEM e4 68" I 72.. I I lOT I ~ Powertrain Powertrain , . 72~volt GE Motor 5 (continuous) horsepower rating; . 72~volt GE Molor 5 (continuous) horsepower rating; j- . Front-wheel~drive Dana Spicer speed reducer with integral . Front-wheet-drive Dana Spicer speed reducer with integral ,. differentiaL GE solid-state custom controUer with: under- differential GE soLid-state custom controller with: under- voltage detector. over-voltage detector. regenerative braking, voltage detector. over-voltage detector. regenerative braking. motor thermal protection. and top speed regulation. molor thermaL protection, and top speed regulation. . Six Trojan 12-volt deep cycle batteries: . Six Trojan 12-volt deep cycle batteries: (optional Oeka GEL - maintenance free batteries) (optional Deka GEL - maintenance free batteries) . 72-volt DC charger using 11 O-volt AC input . 72-vott DC charger using 11 O-volt AC input Chassis Chassis .' . 1 O-inch two-ply street and turf rated tires: . 12-inch two-ply street rated tires . Four-wheel automotive-style hydraulic brakes and parking brake . Four-wheel automotive-style hydraulic brakes and parking brake . Dual A-arm front independent suspension with coil over shocks. . Duat A-arm front independent suspension with coil over shocks. . Trailing arm rear suspension with coil over shocks. . Trailing arm rear suspension with coil over shocks, . Automotive rack-and-pinion with permanently sealed tie-rod ends . Automotive rack-and-pinion with permanenUy sealed tie-rod ends . Aluminum welded space frame using custom aluminum- . Aluminum welded space frame using custom aluminum- alloy extrusions. alloy extrusions. Body Body t . Seats two occupants - bench seat using molded foam . Seats four occupants - front buckets; rear bench seat Molded foam cushion covered by marine-grade UV-stable vinyl coverings. cushions covered by marine-grade UV-stable vinyl coverings. . Automotive-design three-point safety belts . Automotive-design three-point safety belts . Quartz-halogen headlamps. front and rear turn signals. . Quartz-halogen headlamps. front and rear turn signals. r high-mount rear brake and taillamps with a 20 second safety high-mount rear brake and taillamps with a 20 second safety detay after vehicle is turned off. delay after vehicle is turned off. . laminated. tinted automotive safety glass with wiper . Laminated. tinted automotive safety glass with wiper \' . Structural composite and thermoplastic panels . Structural composite and thermoplastk panels f . Dual upper hand (optional) and Lower seat rait. . Dual upper hand (optional) and lower seat raiL C . Rear and side reflectors . Rear and side reflectors t . Rearview and dual exterior (driver's side standard. . Rearview and duaL exterior (driver's side standard. I;: ,t passenger side optional) mirrors passenger side optional) mirrors t 'i; ,J;' I 18 1 ~ ;0 J.: .._........,...."..,_.......,,~,._.._., ~ . ~""'.(\"'.''''''':''''1''''~~'~'.\'f~-~-""",~......_.~.~_"".~._,..... ~,.- , . ~Bj , ,.....,.. .,..,,:, ::<.:, '::<:, ,.,'......,. '. " -':-. , GEM eS GEM eL 70" 70.. I 72.. I I lOT I Powertrain Powertrain . 72-voU GE Motor 5 (continuous) horsepower rating: . 72-voLt GE Motor 5 (continuous) horsepower rating; . Front-wheet-drive Dana Spicer speed reducer with integral . Front-wheet-drive Dana Spicer speed reducer with integral differential GE solid-state custom controller with; under- differential GE soLid-state custom controller with; under- voltage detector: over-voltage detector. regenerative braking. voltage detector. over-voltage detector. regenerative braking. molor thermal protection. and top speed regulation. motor thermaL protection. and top speed regulation. . Six Trojan 12-volt deep cycle batteries; . Six Trojan 12-volt deep cycle batteries: (optional Oeka GEL - maintenance free batteries) (optional Deka GEL - maintenance free batteries) . 72-volt DC charger using 110-vott AC input. . n-volt DC charger using 11 O-volt AC input. Chassis Chassis . 12-inch two-pLy street rated tires . 12-inch two-pLy street rated tires . Four-wheel automotive-style hydraulic brakes and parking brake . Four-wheel automotive-style hydraulic brakes and parking brake . Dual A-arm front independent suspension with coiL over shocks. . DuaL A-arm front independent suspension with coil over shocks. . Trailing arm rear suspension with coil over shocks. . Trailing arm rear suspension with coit over shocks. . Automotive rack-and-pinion with permanently seaLed tie-rod ends . Automotive rack-and-pinion with permanently sealed tie-rod ends . Aluminum welded space frame using custom aluminum- . Aluminum welded space frame using custom aLuminum- alloy extrusions. alloy extrusions. Body Body . Seats two occupants - bench seat using molded foam . Seats two occupants - bench seat using molded foam cushion covered by marine-grade UV-stabLe vinyL coverings. cushion covered by marine-grade UV-stable vinyl coverings. . Automotive-design three-point safety belts . Automotive-design three-point safety belts . Quartz-halogen headLamps. front and rear turn signals. . Quartz-haLogen headLamps. front and rear turn signals. high-mount rear brake and taiHamps with a 20 second safety high-mount rear brake and taillamps with a 20 second safety delay after vehicle is turned off. delay after vehicle is turned off. . Laminated. tinted automotive safety glass with wiper . Laminated. tinted automotive safety glass with wiper . Structural composite and thermoplastic panels . Structural composite and thermoplastic panels . DuaL upper hand (optional) and lower seat rail. . Dual upper hand (optional) and lower seat raiL . Rear and side reflectors . Rear and side reflectors. . Rearview and dual exterior (driver's side standard. . Rearview and dual exterior (driver's side standard. passenger side optionaL) mirrors passenger side optionaL) mirrors. . Short-back bed; 39 inches x 48 inches . Long-back bed; 70 inches x 48 inches gemcar.com - 19 ---. , Driving Around Town Has Never Been This FUN! Global Electric Motorcars, LlC A DaimlerChrysler Company - ''''". , mm~",~ " ), ,1pf1 1"";1""";;;;; " ' m ) iii ' "_ TO: DAVID T. HARDEN, CITY MANAGER THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT FROM: JANET MEEKS, EDUCATION COORDINATOR SUBJECT: WORKSHOP MEETING OF MAY 11, 2004 DISCUSSION REGARDING PROPOSED BOUNDARIES FOR ATLANTIC HIGH SCHOOL AND GENERAL COMMISSION DIRECTION ON OTHER SCHOOL ISSUES - Discussion Regarding Boundaries: The Advisory Boundary Committee (ABC) for Palm Beach County School District is currently discussing the boundaries for Atlantic High School which is to be opened in 2005. The ABC reviewed many boundary proposals for Atlantic High School last year and it became so difficult that the ABC tabled its decision on Atlantic High School until this year and focused its efforts on the boundaries for the two new high schools (West Boca Raton and Park Vista) that needed to be opened in the fall of this year. Atlantic High School will have a 2,500 seat capacity of which 700 seats are to be allocated to the special programs such as the IB program, ROTC, and career academies. The District has not yet given the statistics as to how many of the students that are currently attending these programs already reside in the boundary area. This is critical in order for the ABC to know how many students it can ultimately load into the school. There is currently little or no capacity to shift students into the Boynton Beach area even with the opening of the new high school on Jog Road (Park Vista High School). With the opening of the new West Boca Raton High school there is plenty of capacity to the south. This becomes a challenge for Delray Beach as we try to bring students back from the south and we can't shift students to the north. The first study the ABC is examining loads Atlantic High School with all the students that live within the 2 mile walk zone (see map). On the surface this seems logical but it creates some issues. The positive aspects of this plan is that almost all the SAC's (Study Area Code) which are located east of 1-95 south of Atlantic Avenue that are being bused to Olympic Heights, Spanish River and Boca Raton High Schools will be brought back to Atlantic High School. However, not all students that reside within our municipal boundaries will be brought home as there just isn't enough capacity in Delray Beach. The neighborhoods located along the southern boundary of Delray Beach (i.e. Bass Creek, Tropic Palms, Delray Estates, Andover, Oakmont, Rabbit Hollow, Del-Aire, etc.) would continue to be bussed to Boca Raton and Spanish River High Schools. Further, the students living west of Military Trail north of Flavor Pict Road would be bussed to Spanish River (from Boynton Beach to Boca Raton). Another negative aspect of this study is that the capacity is not evenly WcS.O ~ distributed between the schools located in South County. This results in the decrease of teachers and resources in those schools and some of which our students will still be attending. Several of the ABC members would like to bring all of the minority students back to Atlantic High School which would dramatically change the socio-economic diversity within Atlantic High School. The City Commission should consider this boundary scenario and determine if it is in the best interest of our students and community. The City Commission reviewed similar boundary proposals last year and it was the consensus at that time, that we support a plan that provides equal capacities "regionally" in order to evenly divide the educational resources among all the schools located in South County. Carver Middle School: The opening of the Don Estridge High Tech Middle School has created competition for the Carver Middle School IB program. Two years ago Carver had 220 application requests and this year that number dropped to 121 applications. While this can be anticipated with the opening of a new school, the decrease in applications should be closely monitored to ensure that it does not compromise our other IB programs. The Principal of Carver Middle School was new this year and it is her intention to grow the IB program which can only strengthen the program at Atlantic High School. The City should help support Carver Middle School in any and all of its efforts to market and recruit students to its middle years IB program. With recent boundary changes for this school, its socio-economic diversity has been affected and the City should be aware of its challenges. One program that the Principal would like to see implemented in her school is a summer camp literacy program that would serve around 200-250 student that live within walking distance of the school and are the lowest performing students. Carver is trying to raise enough money to implement this program this summer. While she did approach the City asking for financial assistance and recreational resources, it was too late in the budget year. The Delray Beach Education Board is very supportive of this program. Village Academy Expansion: Last year in September, the City Commission approved a Resolution supporting the expansion of Village Academy through the 8th grade. Since that time, Palm Beach County School Board has voted to support the expansion of the school through 12th grade and that expansion has been added to their referendum project list. It may be appropriate at this time for the City Commission to take a position on the relocation of the alternative school and the demolition of the Delray Full Service Center to support the expansion of Village Academy. There is support from the District that a new school be built to house all of the alternative programs. The Delray Beach Education Board supports this initiative. Elementary School Enrollment: With the boundary changes several years ago, Orchard View and Plumosa Elementary Schools have become high poverty and high minority based schools. As a result enrollment is down at both of those schools. Orchard View Elementary school is at 70% capacity this year and Plumosa is at 74% capacity. As capacity decreases so does teacher resources. In fact, at Orchard View Elementary School, they have implemented an autism program to fill some of its seats. In addition, Pine Grove elementary school is at 77% of its capacity and Village Academy is at 81%. Again both of these schools are predominately minority schools. Banyan Creek, S.D. Spady, and Morikami Park Elementary Schools, have been able to maintain their capacities and diversity as they contain special programs (i.e. gifted program at Banyan Creek, Montessori Program at SD Spady, and the Elementary Years IB program at Morikami). Schools containing high poverty and minority populations create "white flight". Over time, this can affect the surrounding neighborhoods as they become less attractive to families that do not want to or cannot afford private school educations for their children. This in turn changes the dynamics and sustainability of the neighborhoods. The City Commission should discuss ways in which they can help maintain some diversity within these schools. On the Horizon: The Delray Beach Education Board is very supportive of the following programs: . Strengthening the City's after school programs with more academics; . Adding an academic component to the summer camp programs; . Addition of small reading libraries to Pompey Park and the Community Center; . Addition of a computer lab at the Community Center; . Advocate for the addition of pre-school components to all of our elementary schools and/or strengthening existing programs; . Support summer school programs at our local schools; . Support mentoring programs; . Strengthen reading programs within the schools and elsewhere within the City; . Provide literacy training to after school and summer camp staff; and . Strengthen our educational partnerships with the library, city sponsored after school programs and Old School Square to share resources. Discuss and provide direction. Attachments: . School Statistics . Two Mile Walk Zone Map . Boundary Studies and Statistics for AHS 2004 School Statistics SCHOOL INFORMATION Name Orchard View TVDe Elementarv Enrollment 704 Utilization 70% Date Opened 1995 FCAT 2001 C FCAT 2002 C FCAT 2003 C Boundaries Yes Proqrams Autism, French & Spanish SCHOOL INFORMATION Name Plumosa Tvpe Elementarv Enrollment 480 Utilization 74% Date Opened 1954 FCAT 2001 C FCAT 2002 C FCAT 2003 B Boundaries Yes Proqrams Italian SCHOOL INFORMATION Name Pine Grove TVDe Elementarv Enrollment 666 Utilization 77% Date Ooened 1966 FCAT 2001 D FCAT 2002 C FCAT 2003 A Boundaries Yes Proqrams 1 SCHOOL INFORMATION Name Villaae Academv TVDe Elementarv School Enrollment 419 Utilization 81% Date Opened 2000 FCAT 2001 N/A FCAT 2002 N/A FCA T 2003 N/A Boundaries Choice Proarams Beacon I SCHOOL INFORMATION Name Banvan Creek Type Elementarv Enrollment 731 Utilization 91% Date Opened 1988 FCAT 2001 B FCAT 2002 B FCAT 2003 A Boundaries Yes Proarams Gifted, Pre-K SCHOOL INFORMATION Name Morikami Park Tvpe Elementarv Enrollment 1,002 Utilization 101% Date Opened 1998 FCAT 2001 B FCAT 2002 A FCA T 2003 A Boundaries Choice ProQrams Elementarv IB ProQram 2 SCHOOL INFORMATION Name SD soodv Tvpe Elementarv Enrollment 512 Utilization 122% Date Ooened 1929 FCAT 2001 A FCAT 2002 A FCAT 2003 B Boundaries Choice - ProQrams Montessori Proaram SCHOOL INFORMATION Name Carver Community TVDe Middle School Enrollment 1 ,440 Utilization 108% Date ODened 1994 FCA T 2001 C FCAT 2002 C FCAT 2003 B Boundaries YES ProQrams Middle Years IB ProQram SCHOOL INFORMATION Name Atlantic Community Tvpe HiQh School Enrollment 2,055 Utilization 118% Date Opened 1949 FCAT 2001 C FCA T 2002 C FCAT 2003 B Boundaries YES Proarams International Baccalaureate 3 ~ ! .. .. 0 ~ ~ ! _ N z*oo jJjJ! lli ~ .;:!. 10.< l!!iD . 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Date: May 6, 2004 Agenda Item No. ~ ~ S ~ AGENDA REQUEST Agenda request to be placed on: _ Regular _ Special _X_ Workshop - Consent When: May 11,2004 Description of Agenda Item: Discussion Regarding Proposed Boundaries for Atlantic High School and General Commission Direction on Other School Issues Ordinance/Resolution Required: Yes/No Draft Attached: Yes / No Recommendation: Approval ~~ J Department Head Signature: City Attornev Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda:@ / No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved TO: DAVID T. HARDEN, CITY MANAGER THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT u6 FROM: JANET MEEKS, EDUCATION COORDINATOR SUBJECT: WORKSHOP MEETING OF MAY 11, 2004 POLICY STATEMENT REGARDING THE USE OF PORTABLE SIGNS WHEN STREETS AND BLOCKS ARE UNDER CONSTRUCTION AND/OR REDEVELOPMENT ,~~, 1 "^" " After workshopping the Sign Code Amendment at numerous advisory boards, the only item of discussion became the legalization of portable sandwich signs. Staff presented all of its findings in a PowerPoint presentation to the Planning and Zoning Board at its April 19'h meeting. It outlined current code requirements, ones being proposed by the new Ordinance, and a list of the pro's and con's of portable signs. It also included regulations from other municipalities and suggestions on alternative language. Based on the above, Staff proposed a compromised recommendation as follows: 1. Remove language as was proposed in the amendment which allowed portable signs only for certain businesses located in the Central Business District. 2. Add language under "Grand Opening Banner" to allow Portable Signs on a temporary basis for 30 days. 3. Revise language in the Sidewalk Cafe Ordinance to allow for a variety of menu Board designs and placement criteria. 4. Create a policy statement to allow "special signage" during major construction periods. 5. Require Valet Parking Signs to be pole mounted and stationary. The public who attended the Planning and Zoning Board public meeting mostly agreed that the compromise recommendation was fair, but they voiced concerns regarding the policy statement under Item 4 above as that language was not available at the time of the meeting. While, the Planning and Zoning Board recommended approval of the amendment, staff felt that it would be appropriate to workshop the policy statement with the City Commission prior to scheduling the amendment for final adoption. This is the discussion now before the Commission. --- Discuss and provide direction. Attachment: . Policy Statement . Proposed Ordinance U:/edboard:ccworkshopadmendsigns \N E>:l ~. POLICY STATEMENT Signs within the Public R-O-W For Streets and Blocks under Construction General Statements: The City shall consider installing signs in the public right-of-way that direct vehicular and/or pedestrians traffic to businesses that may otherwise appear to be closed due to street construction and/or redevelopment within a city block. The City shall place the signs in such a manner that they have a prominent presence to help businesses maintain a continual customer base. A portable sign may include the name or names of businesses and the hours of operation. However, in no instances may they be used for individual advertisements. The number and size of the signs will be determined on a case by case basis. More than one business or a group of business may be placed at the same sign location. The City's Public Works Department shall be responsible for the placement and installation of the signs within in the public right-of-way to ensure public safety is maintained. Procedure: 1. The applicant who may be an individual or a representative of a special overlay district such as the DMBA, CRA, WARC, or PGMS shall submit a letter of request to the Community Improvement Department for the placement of portable signs in the public right-of-way when a street or block is under construction. 2. The letter shall contain a brief description of why the signs are needed, the name of the business(es) that shall be affected by the construction or redevelopment that are requesting portable sign exposure, a general description of the geographical area in which they are to be located, and the approximate length of time the portable signs are to be erected. 3. The Director of Community Improvement shall place the Letter of Request on the next available DSMG meeting for discussion and approval of the request. 4. An appeal may be made of an administrative interpretation pursuant to LDR Section 2.4.7(E). Rev.4-5-D4 ORDINANCE NO. -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER TVVO, "ADMINISTRATIVE PROVISIONS", BY REPEALING SECTIONS 2.4.6(0) AND (E) IN THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMENDING ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME NEW DEFINITIONS RELATING TO SIGNS; AMENDING CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish reasonable regulations for the posting of signs on public and private property in order to prevent safety hazards and protect property values; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to provide consistent sign regulations governing places of worship to avoid making existing signs nonconforming and based on allowed secular criteria as permitted by the Religious Freedom Restoration Act; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to have a single, combined and updated sign ordinance in order to ensure fair and consistent enforcement of sign regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, "Administrative Provisions", Sections 2.4.6(0) and (E) be repealed in their entirety. Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.7, "Signs", be repealed in its entirety and a new Section 4.6.7, "Signs" is hereby enacted to read as follows: 1 ORD NO. _-04 Rev. 4-5-04 Section 4.6.7 Sians (A) Purpose: The purposes of these sign regulations are: to encourage the effective use of signs as a means of communications in the City; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse affect of signs on nearby public and private property; to foster the integration of signage with architectural and landscape designs; to streamline the approval process by requiring master signage plans; and to enable the fair and consistent enforcement of these sign regulations. (1 ) Communication: Signs should not deny other persons or groups the use of sight lines on public rights-of-way, should not obscure important public messages, and should not overwhelm readers with too many messages. Signs can and should help individuals to identify and understand the jurisdiction and the character of its sub-areas. (2) Preservation of Community's Beauty: The City of Oelray Beach which includes a beach resort community as well as major office and industrial parks relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by actively regulating the appearance and design of signs. (3) Property Value Protection: Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. They should be in harmony with buildings, the neighborhood, and other conforming signs in the area. (B) Applicability: It shall be unlawful for any persons to post, display, change, or erect a nonexempt sign or a sign structure, that requires a permit, without first having obtained a permit therefor. Signs or sign structures erected without a valid permit shall be deemed in violation and it shall be mandatory to obtain a permit, based on this Section, or else remove the sign or sign structure. Signs erected, under a valid permit, prior to the effective date of this ordinance, which have since become nonconforming shall be allowed to remain in accordance with the time limitation and structure requirements set forth in these LOR's. All signs not expressly allowed by these LOR's are prohibited. (C) Procedures. (1 ) Issuance of Permits, Validity and Renewal: Permit applications shall be reviewed by the Chief Building Official or his/her designee within thirty (30) days of submission of the permit application. Upon satisfactory compliance with the minimum 2 ORD NO. _-04 Rev. 4-5-04 submission requirements of the LDRs and a determination that the proposed sign meets all applicable standards set forth in the LDRs, the Chief Building Official, or his/her designee, shall cause a sign permit to be issued to the applicant. The permit shall be valid for a period of 180 days during which period the sign may be erected; however, the Chief Building Official, or his/her designee, for good cause shown and upon payment of 50% of the original application fee, may renew the permit for an additional 90 day increment provided that there have not been enacted, in the 180 day period, standards of which the permit would be in violation. (2) Permits for Individual Signs: Permits for signs shall be on a form as promulgated by the Chief Building Official. (a) Minimum Submission Requirements: The application form and associated submission materials shall include the following: (1 ) The type of sign and/or sign structure as set forth in the LDRs. (2) The street address of the property upon which the sign and/or sign structu re is to be located along with identification of where on said property the sign will be located. If there is no street address another suitable method of identifying the location shall be provided. (3) The area per sign face and the aggregate area of the sign and/or sign structure. (4) The name and address of the owner or other person in control or possession of the real property upon which the sign or sign structure is to be located. (5) Written consent of the owner, or his designated agent, granting permission for the construction, operation, maintenance, or displaying of the sign and/or sign structure. (6) Two copies of a blueprint, sketch, blue line print, or similar presentation, drawn to scale and dimensioned, showing elevations of the sign as proposed and its relationship to other existing or proposed signs or sign structures in the area. In the case of a free-standing sign, the representation shall include a sketch site plan showing the location of the sign. 3 ORD NO. _-04 Rev. 4-5-04 (7) Appropriate exhibits showing the proposed location of the sign with respect to nearby structures and vegetation. (8) The seal of a state registered engineer or architect shall be affixed to drawings of signs and/or sign structures where the sign face is in excess of thirty-two square feet (32 sq.ft.) certifying that it is designed in accordance with wind load requirements of the Florida Building Code. A sign contractor shall provide a signed certificate stating that wind loading to withstand a pressure of fifty (50) pounds per square foot when an application for signs less than or equal to 32 square feet in area is submitted. (D) Aesthetic Qualifications: (1 ) Applicability: The following subsection describes basic aesthetic qualifications which apply to signs. (2) Basis: The aesthetic quality of a building, or of an entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture or the building or the adjacent surroundings. In addition to the limitations on signs imposed in Subsections (G) and (K), the following aesthetic considerations must be met. (a) Garishness: The overall effect of the lettering, configuration or color of a sign shall not be garish. "Garish" signs are those that are too bright or gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and are not compatible with the building or adjacent surroundings. (b) Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (F)(2) with respect to height and area. (c) Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. 4 ORD NO. _-04 -~- Rev. 4-5-04 (E) Signs Requiring Permits: (1 ) General: All signs, other than those exempted by Subsection (H) or prohibited by Subsection (I), must obtain a sign permit. Applications for sign permits shall be submitted and processed pursuant to these LORs. Sign permits shall be issued by the Sign Administrator under the direction of the Chief Building Official for the following: (a) Master and Blanket Sign Program Signs: Individual signs being permitted under the provisions of an approved Master Sign Program or Blanket Program. (b) Signs Meeting Standards: Individual signs which conform in all respects to the provisions of Subsection (F) and (K) of this Section. (c) Special Purpose Signs: Which comply with the requirements of Subsection (E) (3). (2) Master Sign and Blanket Sign Programs: (a) Blanket Sign Program: A Blanket Sign Program may be required for a commercial property establishing the font, color, size and locations of signs on a multiple tenant building. A Blanket Sign Program shall be approved by the Site Plan Review and Appearance Board or the Historic Preservation Board if the project is in a historic district or historically designated site. After approval of a Blanket Sign Program, individual signs consistent therewith shall be administratively approved. (b) Master Sign Program: A Master Sign Program is to be used when the development of a project is of such a scale or character that the normal application of the design and/or aesthetic standards of Subsections (0) and (F), respectively, will not result in an effective sign program and signing more permissive than said standards is necessary. Approval of a Master Sign Program may include the automatic granting of waivers and/or adjustments to the provisions of Subsections (0) and (F) provided that the intent of the sign code is maintained and the character of the community and neighborhood is not diminished. A Master Sign Program shall be approved by the Site Plan Review and Appearance Board or if the project is in a historic district or historically designated site, by the Historic Preservation Board. After approval of a Master Sign Program, individual signs consistent therewith shall be administratively approved. (c) Nothing contained herein shall prevent diversity and creativity of individual signs in the Master Sign Program. 5 ORD NO. _-04 Rev. 4-5-04 (3) Special Purpose Signs and Signing: Permits for the following signs may be issued administratively provided that the provisions contained herein are complied with. (a) Directional Signs for Churches, Civic, or Recreational Facilities: General directional signs for civic, church, or recreational facilities up to a maximum of four (4) shall be allowed in the City street rights-of-way subject to the approval of the City Engineer and/or his/her designee. The number of directional signs permitted for each qualifying applicant shall depend upon the location and need of the traveling public. The dimensions of the directional signs shall be no greater than eight (8) inches by thirty (30) inches per sign. The signs must be designed and installed in accordance with these LDRs. A permit to work in the right-of- way must be obtained by the City Engineer or his/her designee. (b) Gasoline Pricing Signs: Signs may advertise the price of gasoline subject to the following restrictions: (1 ) Not more than twelve square feet (12 sq.ft.) per sign face. (2) If free standing, it shall not exceed five feet (5') in sign height. (3) If a part of a permanent free standing sign, the price sign shall be included in the area of the permanent sign. (4) One sign is permitted per frontage with a maximum of two signs per site. (5) Signs placed on pumps shall not exceed three square feet (3 sq.ft.) per sign face nor a total of six square feet (6 sq.ft.) per sign. (c) Grand Opening Banner: One banner may be placed on the building of a newly opened business pursuant to the following: (1 ) Display is limited to four (4) weeks. (2) The banner shall not exceed an area of fifty square feet (50 sq.ft.), 6 ORD NO. _-04 ----.------ Rev. 4-5-04 (3) The banner may not be more than fifteen feet (15)' above the grade, and must be placed on the building of the business, in the front of the business. (4) Banners shall be made of color fast material. (d) Grand Opening Portable Signs: Portable signs shall only be allowed within the Central Business District (CBD). In addition to a Grand Opening Banner, one Portable Sign may be placed directly in front of the building of a newly opened business pursuant to the following: (1 ) Display is limited to four (4) weeks. (2) The portable sign frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. (3) A permit sticker must be obtained and clearly displayed on the Portable Sign frame. (4) A portable sign placed on the sidewalk must be located in such a manner that it does not impede the five foot (5') pathway parallel to the street for through pedestrian traffic. (5) If placed on that portion of the sidewalk that is located within a public right-of-way, a hold harmless agreement in a form acceptable to the City Attorney shall be provided. (e) Historic Signing: Signs which are building mounted or free- standing which provide information of historic value. Said signing shall not exceed six feet (6') above grade when free-standing and shall not exceed three square feet (3 sq.ft.) in area in any circumstance. Such signing shall not be permitted until approval has been gained from the Historic Preservation Board. (1 ) Maintenance of Nonconforming Nostalgic Signs: (i) Signs that have an historic or nostalgic appeal, and constitute artistic expression, and not solely advertising may be exempted from the removal requirements if a recommendation by the Historic 7 ORD NO. _-04 Rev. 4-5-04 Preservation Board is approved by the City Commission. (ii) An owner of property on which an existing nonconforming sign is located may request the Historic Preservation Board to recommend to the City Commission that the existing nonconforming sign be designated as a "nostalgic sign." (iii) In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preservation Board shall consider the sign's value as a part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The Historic Preservation Board shall review the criteria contained in Section 4.5.1, of the Land Development regulations prior to making its recommendation. (iv) Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. If at any time the sign becomes unsightly, or becomes a danger to the public health, safety, or welfare, the City Commission, following notification to the owner, may remove the nostalgic designation and set a date by which time the sign must be removed. (f) Menu Board Signs: Signs used by businesses to advertise prices of items in conjunction with service at a drive-thru window, such as fast-food restaurants, may be permitted as long as the size of the menu board does not exceed seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size. (g Murals and Signs Within Murals: A large painting or drawing affixed to the wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan Review and Appearance Board or the Historic Preservation Board. The mural shall not directly represent or constitute advertisement of the goods, products, or services provided on site. If any portion of the mural includes identification of the establishment or the goods, products, or services provided on site, only that portion of the mural which specifies such information shall have its area included in the calculation of the sign area. 8 ORD NO. _-04 Rev. 4-5-04 (h) Non-Residential Real Estate Signs: (1 ) A permit may be granted to allow for the placement of one non-illuminated freestanding real estate sign advertising "For Sale", "For Rent", or "For Lease" and may identify the seller or agent along each street frontage, including those located within a historic district. (2) Non-residential Real Estate Signs shall not exceed thirty-two square feet (32 sq.ft.), and shall be limited to seven feet (7') in height. (3) Within a non-residential property located in a Historic District, real estate signs shall not exceed sixteen square feet (16 sq.ft.), and shall be limited to seven feet (7') in height. (i) Parking Area Signs: Parking area signs, as specified herein, provided the sign contains no more than the name of the building or development and the words, "Entrance", "Exit", "Parking for. . .", or "Entrance for. . ." or their equivalent, may be erected at each point of ingress and egress to a parking lot or parking area, and the signs shall not exceed four square feet (4 sq.ft.) in area nor extend to a greater height than five feet (5') above the ground, and shall be erected within the parking area. Only one sign shall be allowed at each point of ingress and egress, provided the signs do not create a traffic or pedestrian hazard. G) Special Event Non-Roadway Banner Signing: Special signing, in accordance with this Subsection, may be allowed by the Chief Building Official or his/her designee, for special events if it is determined that the sign type meets the following criteria: (1 ) the sign provides notice to the public of a public meeting or other public event, (2) the sign is temporary and for a limited time, and (3) the sign, if allowed for a limited time, will meet the following criteria: (i) the sign will not conceal or obstruct adjacent land uses or signs, 9 ORD NO. _-04 Rev. 4-5-04 (ii) the sign will not conflict with the principal permitted use of the site or adjoining sites, (iii) the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (iv) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (Le., the viewpoint expressed) on such sign. The Chief Building Official or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. (4) Each sign limited to less than twenty square feet (20 sq.ft.) in area; (5) Allowed ten (10) days prior to the event and must be removed by the second day after the event. (k) Special Event Roadway Banner Signing: (1 ) Roadway Banner Signs: may be approved and issued by the Sign Administrator under the direction of the Director of Community Improvement, for special events for City or City co-sponsored events. Such signing shall be subject to the following standards: (i) The Roadway Banner Sign must be no more than three feet (3') in height by twenty-four feet (24') in length, and placed at least fifteen feet (15') above the surface of the roadway on City installed poles. The Roadway Banner sign must be constructed with a standard vinyl awning material and meet wind load requirements. 10 ORD NO. _-04 Rev. 4-5-04 (ii) The text of a roadway banner shall be limited to the name of the special event, the date or dates of the event and the name or logo of the City and the name or logo of the association or organization co-sponsoring the event. (iii) Display of the Roadway Banner Sign will be limited to a maximum of ten (10) days prior to the event and must be removed by no later than two (2) days after the event. (iv) Roadway Banner Signs will only be allowed to be displayed at the following intersections within the City limits and on City installed poles . NE 1st Avenue and East Atlantic Avenue; and . Pineapple Grove Way and East Atlantic Avenue within the arch area. (I) Standard Street Signs: A subdivision name sign may be placed on a City street post by City personnel only, provided it is requested through the City Engineer or his/her designee and paid for by the party requesting the sign. This sign shall be identical to the street sign as to color, size, and shape. (m) Subdivision Entrance Signs: Residential subdivision entrance signs shall be subject to the following standards: (1 ) Such signs may be either one double faced sign or two signs where there are two walls at the entrance and where the signs are permanently affixed to the walls at each entrance of the subdivision; (2) Each sign area shall be no greater than thirty-six square feet (36 sq.ft.) in area; (3) Such subdivision entrance signs are permitted within all residential zoning districts; (4) Such subdivision entrance signs may be erected within rights-of-way or median strips adjacent to the subdivision if approved by the City. A subdivision sign may also be located within the setbacks of private property within the 11 ORD NO. -04 --, Rev. 4-5-04 subdivision or adjacent to the subdivision or adjacent to the subdivision within the guidelines set forth in 4.6.7(F)(3), if such sign was in existence as of July 1, 1988. (5) Any such sign erected within a right-of-way or setback shall be at least ten feet (10') from a paved roadway and signs located within a median shall be at least five feet (5') from any paved roadway; (6) Any such signs approved for location within the right-of- way or median, if such right-of-way or median is not within the jurisdiction of the City, shall obtain written permission from the governmental entity controlling the right-of-way or median to erect the sign in a requested and approved location; (7) Any signs proposed to be located on adjacent private property shall be approved and permitted by the owners of the adjacent property. Any such signs lying on private property shall be considered an additional permitted sign without regard to other applicable sections of this code; and (8) All signs proposed to be located within a right-of-way or median shall be reviewed and approved by the City Engineer or appointed designee for compliance with this section. (n) Temporary Business Identification Sign: A temporary Business Identification Sign shall be allowed to be placed on the building fa9ade once a sign application has been submitted and shall be removed within sixty (60) days from date of sign permit application. (0) Temporary Construction/Development Signs: New construction, renovation work or temporary development signs shall be subject to the following standards: (1 ) Freestanding Sign: One sign per street frontage, non- illuminated, with a sign area of not more than thirty-two square feet (32 sq.ft.), nor more than seven feet (7') in height. 12 ORD NO. _-04 Rev. 4-5-04 (2) Sign Located on a Building: One sign per building frontage, non-illuminated with a sign area of not more than thirty-two square feet (32 sq.ft.). (3) The sign may be installed at the time of submission of a building permit application. It must be removed upon expiration of building permit or building permit application or when the project obtains a Certificate of Occupancy. (p) Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the following restrictions: (1 ) One pole mounted sign per approved Valet Queue, which may identify Valet Parking, the name of the business(es), rates, and the hours of operation. (2) Valet Parking signs shall be manufactured and installed by the City. The sign area shall not exceed six square feet in area. Such sign shall be pole mounted and inserted in a ground sleeve. The location of such sign shall be determined by the City. The sign must be removed and stored inside the business daily during business hours when the approved valet queue is not in use. (3) Traffic control cones may be used for queuing purposes, however they shall not contain any additional signage or markings. (F) Sign Design Standards: The following subsections describe basic standards which apply to signs. The application of these standards to specific types of signs and their location in specific zone districts is set forth in a matrix contained in Subsection (F)(7). (1 ) Types of Signs: (a) Free-Standing Sign: A free-standing sign is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole sign or a 13 ORD NO. _-04 ~----- Rev. 4-5-04 monument sign. All signs erected on a pole shall contain a pole cover. All freestanding signs shall contain the street number. (b) Projecting Sign: A sign affixed to a structure and which extends at a right angle from the building. A projecting sign shall not have more than two (2) sign faces. (c) Under Canopy Sign: A sign hung from a canopy or roof of a walkway. It may be rigid or it may swing. Such a sign may not have more than two (2) sign faces. (d) Wall Sign: A wall sign may be flush mounted or hand painted. Such a sign may be applied to a canopy/awning, mansard, or building face. Af!:JNEX R e <; t;:-t. \.1 r'il n t (2) Sign Area and Height: (a) Basis for Measurement: The area in square feet or square inches allowed for each sign face. The sign face includes any background material, panel, trim, color, and direct or self-illumination used that differentiates the sign from the building, structure, backdrop surface, or object upon which, or against which, it is placed. When there is no such differentiation, the sign face shall be a rectangle just large enough to enclose allletlering, illustrations, ornamentation, symbols, or logos. A sign structure shall not be computed in sign area provided that no message, symbol, or any of the aforementioned are displayed on, or designed as part of, the sign structure. 14 ORD NO. _-04 Rev. 4-5-04 (b) Height: The vertical distance measured from the highest point of the sign to the grade at the base of the sign. (3) Setback Requirements: (a) Basic Setback Determinants: The setback for a free standing sign shall be ten feet (10') from the ultimate right-of-way line unless there is a special setback or special landscape area designated for the street pursuant to Section 4.3.4(H)(6). The setback is measured from the closest portion of the sign to the right-of- way. Projecting signs, canopy signs, and wall signs may extend into standard and special setback areas. No signs shall extend into a right-of-way. (b) Allowed Partially in Standard Setback: When considered as a part of a site plan approval, or modification to a site plan, a sign may be located partially within the ten foot (10') setback area provided that: (1 ) The sign height is not greater than seven feet (7'); (2) The sign area is a maximum of forty square feet (40 sq.ft.); (3) The sign area for that portion of the sign within the setback area is not greater than twenty square feet (20 sq.ft.). (c) Allowed Totally in Standard Setback: When considered as a part of a site plan approval, or modification to a site plan, a sign may be located totally within the ten foot (10') setback area provided that: (1 ) The sign height is not greater than seven feet (7'); (2) The sign area is less than twenty square feet (20 sq.ft.); (d) Allowed in Special Setbacks: When considered as a part of a site plan approval, or modification to a site plan, pursuant to Section 4.3.4(H)(6), a sign may be located within a special setback area provided that: (1 ) If the sign is to be located no less than ten feet (10') nor more than twenty feet (20') from the right-of-way, the sign height shall not exceed seven feet (7'), and the sign area shall not exceed forty square feet (40 sq. ft.). 15 ORD NO. _-04 Rev. 4-5-04 (2) If the sign is to be located between twenty feet (20') to thirty feet (30') from the right-of-way, the sign height shall not exceed fourteen feet (14'), and the sign area shall not exceed ninety-six square feet (96 sq. ft.). (4) Safety and Location Requirements. (a) Location. (1 ) Agreement Required: Whenever a sign requires a permit and is allowed within a setback area, easement, or right-of-way, the person erecting the sign shall be required to execute an agreement, which shall be countersigned by the property owner, providing that it is the obligation of the owner of the sign and/or the property owner to relocate the sign at such time as the City determines that additional right-of-way or setback is required, or if conflicts occur with it being located in an easement. A performance bond, or acceptable substitute guarantee, may be required. (2) Obstructions: A sign shall not be located in such a manner as to obscure another sign or to be obscured by an existing sign, a structure, or existing vegetation unless provisions are made for the removal of the obscuring sign, structure, or vegetation. (b) Safety. (1 ) Safety Determination Required: Whenever consideration is given to locating a sign within a special setback or the standard ten foot (10') setback area, the granting body must determine that the location of the sign does not present a hazard to pedestrians or to vehicular traffic circulation. (2) Traffic Safety: No sign shall be located in such a manner that it will become a hazard to automotive or pedestrian traffic nor shall any sign or lighting of a sign be so placed as to obstruct the vision of the driver of any motor vehicle where vision is necessary for safety. 16 ORD NO. -04 Rev. 4-5-04 (5) Illumination: Signs may be illuminated directly or indirectly unless specifically prohibited elsewhere in these LDRs. In residential zoning districts, all illumination shall be cut off luminair so that the light is not directed toward adjacent residentially zoned property. (6) Design Prohibitions/Restrictions: (a) Intermittent Lighting or Animation: Shall not be accommodated on any sign except for time and/or temperature unit, or a traveling message sign which is a part of a sign permitted in commercial zone districts provided that such part of the sign shall not exceed twenty-five square feet 25 sq.ft. in area. (b) Moving or Rotating Signs: A sign shall not involve motion or rotation of any part of a sign structure or display. (c) Noise Producing Signs: A sign shall not produce noise or sounds. (d) Obscene Signage: A sign shall not exhibit thereon any lewd, lascivious, or obscene, character, or illustration. (e) Restrictions as to Functions: The use of a sign may be restricted to functions as set forth in Subsection (F) (7) (Matrix) under the column of "type of sign". (f) Smoke or Odor Producing Signs: A sign shall not produce or emit smoke, vapor, particles, or odor. (7) Design Standards Matrix: The following matrix sets forth the standards for various types of signs when located in various zoning districts or defined by use. The standards set forth therein are subject to descriptions, interpretations, exceptions, and limitations as provided for elsewhere in these LDRs. 17 ORD NO. _-04 Rev. 4-5-04 4.6.7(F)(7) Sian Development Standards Matrix rRESIDENTIAL. ZONE DISTRICTS SIGNING: (R-1 DISTRICTS, PRD, RL., RM, RR AND AG DISTRICTS) Type of Sign Quantity Area (max.) Location * Height Illumination Wall Only one sign per 20 sq. ft. At least 10' - must be shielded lot or parcel from any property line Free-standinn 20 so. ft.lface 8.. ISIGNING LOCATED IN CF, AL.L. HISTORIC DISTRICTS, OS ,OSR, OSSHAD AND RO Type of Sign Quantity Area (max.) Location * Height Illumination Wall Not more than two per lot, 30 sq. ft. on building face . Allowed parcel or development Projecting 30 sq. ft.lface from building or under . Allowed canopy Free-standing 30 sq. ft./face may be in the front 8. Allowed yard setback Under canopy 4 sq. ftlface Under canopy Allowed I~IGNING FOR CHURCHES, TEMPL.ES, MOSQUES, SYNAGOGUES, AND OTHER PL.ACES OF WORSHIP, REGARDLESS OF ZONE DISTRICT Type of Sign Quantity Area (max.) Location * Height Illumination Wall one per building 10% of building face on building face - Allowed not to exceed 120 sq. ft. Free-standing One 1 1/2 sq. ft.per1 O. - 14" Allowed of frontaoe Free-standing one per additional use 20 sq. ft. - 8. Allowed ISIGNING IN GC, AC, NC, PC, CBD, MIC, I, POD, POC AND L.I ZONE DISTRICTS Type of Sign Quantity Area (max.) Location * Height Illumination one per business 15% of building face facing each dedicated - Allowed (max. of 12. height. street frontage for computational purposes only, times the width) not to exceed 160 so. ft. Wall one per building 9 sq. ft. on rear of building - Allowed not facing street one per business 15% of building face (max. of facing 1.95 - Allowed 12' height, for computation. ional purposes only, times the width) not to exceed 160 sq.ft. Directory one per building 24 sq. ft. on building face - Allowed Projecting One 30 sq. ft. from building or under - Allowed 3' from face of wall canopy Under canopy one per business 4 sq. ft. under a canopy which - Allowed extends store front access Free-standing one per frontage *one at 1/2 sq. ft. of frontage 14' Allowed not to exceed 160 sq. ft. *each additional limited to 50 sq. ft. . Freestandlna slans must comDlv with setback reaulrements of Section 4.6.7IFI131 18 ORD NO. _-04 Rev. 4-5-04 (G) Non-Commercial Message: Notwithstanding anything contained in Section 4.6.7 "Signs", to the contrary, any sign erected pursuant to the provisions of this Code may, at the option of the applicant, contain either a non-commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises. The non-commercial message may occupy the entire sign face or portion thereof. The sign face may be changed from commercial to non-commercial messages as frequently as desired by the owner of the sign, provided that the size and design criteria conform to the applicable portions of this section, the sign is allowed by this Code, the sign conforms to the requirements of the zoning designation and the appropriate permits are obtained. For the purposes of Section 4.6.7, non-commercial messages, by their very nature, shall never be deemed off-premises. (H) Exempt Signs: The following signs are allowed to be erected in the City of Delray Beach, pursuant to the limitations set forth herein, and do not require a permit: (1 ) Automated Teller Machine (ATM) Panels: One panel which is physically constructed within and is an integral part of an ATM, and bears the name of the ATM system to which it belongs. (2) Directional Signs: Such signs shall not extend more than five feet (5') from the ground and shall not be greater than four square feet (4 sq.ft.) in area. (3) Flags: (a) Flags may be displayed on any residential or non-residential parcel of land in accordance with the following rules: (1 ) A Flag is a piece of cloth usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, municipality or service or civil organization. (2) No more than three (3) flags may be placed upon any parcel or development less than one acre in size which is zoned and used for non-residential purposes. (3) For parcels or developments equal to or greater than one acre in area that are zoned and used for non- residential purposes, no more than one flag per 15,000 square feet of lot area shall be allowed. 19 ORD NO. _-04 Rev. 4-5-04 (b) Two (2) flags may be flown at a time when model homes or model apartments are open for inspection. (c) Flags of service or civil organizations may be displayed at respective meeting sites during meeting hours. (4) Hours of Operation Signs: Signs denoting hours of operation shall be non-illuminated; have a sign face of not more than one square foot (1 sq.ft.) and be located close to the entry of the business. (5) Instructional Signs: Instructional signs are signs which convey instructions with respect to the premises on which it is located, such as "no trespassing", a danger sign, and similar signs (other than parking signs). Such signs shall not extend more than five feet (5') from the ground and shall not be greater than three square feet (3 sq.ft.) in area. (6) Nameplates: One (1) nameplate sign per building, not exceeding three square feet (3 sq.ft.) in area, of a noncommercial nature, and bearing the name or street address of the principal occupant. (7) Non-Residential: (a) Non-Residential Window Signs. (1 ) Plastic, neon, or painted signs may be placed upon windows when limited to 20% of the aggregate glass area, per tenant space or per main use. (2) Paper signs displayed two feet (2') or more from the inside of the glass but which are visible from the outside shall be limited to 20% of the aggregate area, per tenant space. (8) Residential. (a) Residential Real Estate Signs: (1 ) One sign per lot, the sign being not greater than three square feet (3 sq.ft.) in area on residentially zoned property; (2) One additional sign per lot may be erected on a lot which borders a waterway provided that the sign is located 20 ORD NO. -04 Rev. 4-5-04 along the waterways; said sign shall not exceed nine square feet (9 sq.ft.) in area; (3) All real estate signs shall be non-illuminated; (4) The text of real estate signs shall be limited to the phrase "For Sale" or "For Lease" or "For Rent" and may identify the seller or agent; (5) An additional sign, of not greater than three square feet (3 sq.ft.), may be attached to a real estate sign provided that its text is limited to the words such as "pool" or "open" or "sold"; (6) An additional "open house" sign of not more than three square feet (3 sq.ft.) in area may be displayed only during the hours when the house is being shown. (7) Non-residential real estate sign is exempt if the sign is not greater than sixteen square feet (16 sq.ft.) in area. (b) Other Residential Signs. (1 ) One sign per lot, not to exceed three square feet (3 sq.ft.) in area on residentially zoned property. (2) One sign per residence, not to exceed three square feet (3 sq.ft.). (c) Window signs. (9) Temporary Signs: (a) Temporary Political Signs (1 ) Non-illuminated temporary political signs for each candidate or two (2) such signs for, or against, a referendum issue may be placed on any parcel or lot. (2) Each temporary political sign shall be removed within ten (10) days after the date of election or referendum. In the event that said signs are not removed prior to expiration 21 ORD NO. _-04 .---- Rev. 4-5-04 of the ten (10) day period, the sign shall constitute an abandoned sign and the City shall send by certified mail, return receipt requested, to the addresses of the Owner of each property whereon the temporary political sign is located and Owner is listed on the current tax roll of the county, a notice of noncompliance stating that the City's Code Enforcement Board shall fine the property owner for each day of noncompliance if the sign is not removed with the ten (10) days after receipt of notice. (3) No temporary political sign shall exceed twelve square feet (12 sq.ft.) per sign face in area on any private lot or parcel. (4) Any temporary political sign in the public right-of-way cannot exceed three square feet (3 sq.ft). No temporary political sign shall be placed on any public property. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. (b) Other Temporary Signs. (1 ) All temporary signs non-commercial in n atu re not addressed in this code, or otherwise prohibited, may be placed in the public right-of-way, but not on other public property, as long as they do not create a safety hazard or as long as they do not constitute visual blight for a period not to exceed three (3) days. (10) Tenant Panels: A change of a tenant panel in a directory sign, or a sign which accommodates a tenant, is exempt from needing a permit provided that the sign was permitted and there is no change in colors or letter style. (I) Exempt Signs Requiring City Manager Approval: (1 ) City Civic Signs: Signs for facilities located on City property, or within public right-of-way, and which are operated by the City, its licensees, agents, or contractors, or by other public purpose organizations of general benefit to the community may be exempt by order of the City Manager if it is determined that the sign type meets the following criteria: 22 ORD NO. -04 Rev. 4-5-04 (a) the sign provides notice to the public of a public meeting or other public event, (b) the sign is temporary and for a limited time, and (c) the sign, if allowed for a limited time, will meet the following criteria: (1 ) the signs will not conceal or obstruct adjacent land uses or signs, (2) the signs will not conflict with the principal permitted use of the site or adjoining sites, (3) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (4) the signs will be installed and maintained in a safe manner. (5) The approval, or disapproval, of such signs shall not be based on the content of the message contained (Le., the viewpoint expressed) on such signs. The City Manager or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Commission. (d) Each sign limited to less than twenty square feet (20 sq.ft.) in area; (e) Allowed ten (10) days prior to the event and must be removed by the second day after the event. (2) Wayfinder Signs: (a) the sign provides notice to the public of a public meeting or other public event, 23 ORD NO. _-04 Rev. 4-5-04 (b) An off-premise sign designed to guide or direct pedestrians or vehicular traffic and it also may include kiosks that provide information of general benefit to the community, and (c) the sign, if allowed for a limited time, will meet the following criteria: (1 ) the signs will not conceal or obstruct adjacent land uses or signs, (2) the signs will not conflict with the principal permitted use of the site or adjoining sites, (3) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (4) the signs will be installed and maintained in a safe manner. (5) The approval, or disapproval, of such signs shall not be based on the content of the message contained (Le., the viewpoint expressed) on such signs. The City Manager or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Commission. (J) Prohibited Signs: The following signs, or sign features, are prohibited within the City of Delray Beach; however, exceptions as noted herein are allowed. It shall be unlawful for any persons to erect prohibited signs or use prohibited sign features. Further, any sign not provided for, or expressly permitted by these LDRs is also prohibited. (1 ) Banners and Wind Signs: (a) Banners: A sign consisting of characters, letters, illustrations or ornamentations attached to cloth, paper, or fabric backing used for the purpose of communicating the presence of a business, the sale of a product, or the location of a business. For special events, temporary Roadway Banners may be allowed as provided for in Section 4.6.7(E)(3)(k). Grand Opening banners may be allowed as provided for in Section 4.6.7(E)(3)(c). 24 ORD NO. _-04 Rev. 4-5-04 (b) Wind Signs: Signs consisting of banners, pennants, ribbons, spinners, streamers, balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind. (2) Off-Premise Signs: A sign, including building signs, that advertise an establishment, merchandise, service, or entertainment which is sold, produced, manufactured, or furnished at a place other than the property on which the sign is located, however, non-commercial messages shall never be off-premises. (3) Roof Signs: A sign erected on the roof, or above the roof line, or on the parapet. (4) Snipe Signs: Snipe signs are prohibited. (5) Traffic Confusion: A sign or other advertising matter erected at the intersection of any streets or in any street right-of-way in manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, a traffic signal, or traffic device; or which makes use of the words "stop", "look", "drive-in", "danger", or any other word, phrase, symbol, or character in a manner as to interfere with, mislead, or confuse vehicular traffic. (6) Vehicular Signs: Signs placed on vehicles or trailers that are parked in the street, public right-of-way or on private property for the primary purpose of displaying the sign for advertising a commercial enterprise. (7) Waterbourne Signs: No sign or advertising shall be displayed on a vessel plying the waterways, excluding, the identification of the vessel. (K) Structural Standards: In addition to provisions of the Standard Building Code and provisions of Chapter 7 of this Code, the following structural standards shall be required for all signs erected in the City. (1) Combustible Materials: No sign constructed of combustible material shall be attached to any structure or building if the sign has enough area to require a permit. Wood is not considered a combustible material. (a) Combustible signs up to fifty square feet (50 sq.ft.) in area shall be at least twenty feet (20') from any building or structure. 25 ORD NO. _-04 Rev. 4-5-04 (b) Combustible signs from fifty-one square feet (51 sq.ft.) up to one hundred square feet (100 sq.ft.) in area shall be at least forty feet (40') from any building or structure. (c) Combustible signs from one hundred one square feet (101 sq.ft.) up to one hundred sixty square feet (160 sq.ft.) in area shall be at least eighty feet (80') from any building or structure. (2) Securing Signs: Wall signs shall be securely attached to the building or structure by means of metal anchors, bolts, or expansion screws. No wood blocks or anchorage with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of wall signs attached to buildings or structures with walls of wood. No wall sign shall be entirely supported by an unbraced parapet wall. (3) Wind Loading: Every sign shall be constructed in a manner as to withstand 140 miles per hour wind. Sign contractors or the owner shall submit plans showing location, structural members, and design calculations for wind loading and for signs thirty-two square feet (32 sq.ft.) or over, a certification sealed by a state registered engineer or architect stating that the design will meet the requirements of this code shall be submitted. All sign contractors shall sign a certificate stating wind loading will meet requirements of this chapter where signs under thirty-two square feet (32 sq.ft.) are submitted. (L) Removal of Signs: (1 ) Removal and Disposition of Non-Complying Signs: (a) It shall be unlawful to erect, use or maintain a sign or sign structure when it does not comply with the requirements of Section 4.6.7. The City is authorized to remove unlawful signs and sign structures pursuant to the provisions of Section 4.6.7. (b) Unauthorized signs are subject to removal pursuant to the following provisions: (1 ) Temporary Signs. (i) The City finds that, in view of the inexpensive nature of these signs and the administrative burden which would be imposed by elaborate procedural prerequisites prior to removal, any procedure other than summary removal of these signs when unlawfully erected and maintained 26 ORD NO. _-04 Rev. 4-5-04 would defeat the purpose of regulating such signs. The City Manager is hereby authorized to remove such signs when unlawfully erected and maintained, subject to the provisions contained below. (ii) After removal of a sign pursuant to this section, a notice will be sent, either in person or by first- class postage, prepaid, to the occupant of the property from which the sign was removed, and if the sign identifies a party other than the occupant of the property, the party so identified. The notice shall advise that the sign has been removed and shall state that the sign may be retrieved within thirty (30) days of the date of the notice, and that, if the sign is not retrieved within thirty (30) days, it will be disposed of by the City. (Hi) The City shall dispose of all unclaimed signs after the expiration of the thirty (30) day period. (2) Permanent Signs. (i) Signs and sign structures not subject to removal pursuant to (i) above which are or have been erected or maintained unlawfully, may be referred to the code enforcement board for appropriate action or the City may proceed to pursue all remedies available at law or equity to it to remove signs or sign structures which are or have been unlawfully erected or maintained. (2) Unsafe Signs: Notwithstanding the above provisions, any sign which is declared to be a dangerous sign shall be removed or made to conform with the current building code immediately, upon notice, by the Chief Building Official. (M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the City of Delray Beach shall apply. (N) Procedure to Appeal Permit Denial. (1 ) Permit application may be denied for the following reasons: 27 ORD NO. _-04 Rev. 4-5-04 (a) The application for permit is not fully completed and executed; (b) The applicant has not tendered the required application fee with the application; (c) The application for permit contains a material falsehood or misrepresentation; (d) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City. (2) If permit application was denied, it may be appealed to the City Manager and, if upheld, to the Circuit Court of Palm Beach County. Section 3. That Appendix "A" be amended as follows: Jl.8ANDONED SIGN: I'. Si€lA is considoros a8aAsoFlos if a 8t,lsiAOSS a€lvortisod on that sign is nQ longQr IiCgrH~Qg, no longor h3& g cortific3tO gf GCCbJf33r1CY, or is RD longor dGing 8l.lsiAOSS at that 10Elation. !\CCESSORY USE SIGN: Si€lFl 10Elates iA a r-osisoAtial, EleFRmor-Elial, or industrial fJr-ojOElt \'/horo mora th3r1 ona buildiAg or 1.::1&0 3t tho &3FRB sito is b1nc:lor the control of tho &3mO ownor or ton ant. Tho si€lFl shall 80 l.lses oAly for tho purposo of iseAtifyiFl€l tho Flame of or l.lse of the aElElessory 8l.lilsiA€l. J\D\fERTISING STRUCTURE: !'AY strt,lEltl.lr-o eroElted for as'/srtisiFl€l fJl.lrpsses, with or withOl.lt aFlY asvertisomoFlt sisfJlay thorsoA, sitl.lates l.lpon or attaohes to r-oal fJrofJerty, l.lfJon whioh any poster, 8ill, fJriFltiA€l, fJaiAtiA€l, ssvioo, or othor asvortisomoAt FRay be fJlaEles, fJostes, paintod, taokss, Flailes, er otheFV/ise fastened, affixod, or sisfJlayed; pr-ovises, however, that this term shall net iAElIl.lse 8l.lilsiA€ls. ANIMATED SIGN: A siqn which uses movement or chanqe of liqhtinq to depict action or to create a special effect or scene. AWNING SIGN: A tenant identification siqn desiqned as part of the awninq. BANNER: A temporary sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric of any kind with only the material for a backing. "Banner" shall not include any animated or fluttering devices designed to attract attention 28 ORD NO. _-04 Rev. 4-5-04 CANOPY SIGN: A SigA (3laseS l,l(3eA the freAt of a c;ano(3Y. "Cano(3Y SigA UnSer" is a SigA (3lasos 01'1 the (3ortion of the Bl,lilSiAg '....hic;h is wlser the sano(3Y. pedestrian oriented siqn which is suspended from. attached to. supported from. or forms a part of a canopy. CHANGEABLE COPY SIGN: A sign of (3ermanent c;haFaster, Bl,lt with removaBle letters, 'Norss, or nl,lmerals, inSisatiAg the names er (3erseAs assesiated with, or ovents c;ondHcted Hpon, involving civil, community, and cultural acti'/ities, the promisos l,l(3en whish a sign is maintaiAeS. on which a messaqe COpy is chanqed throuqh moveable letters. numbers. etc. CONSTRUCTIONIDEVELOPMENT SIGN: A temporary siqn identifvinq an architect, contractor. subcontractor. or developer on the property which is to be developed. DIRECTIONAL SIGN: (1) 01'1 (3ramise Incidental signs designed to guide or direct pedestrians or vehicular traffic. (2) Signs erected or permitted by tho city, county, the state, or the Unites States governmont or agency thereef for the sirestion or safety of the (3I,lBlis. (2) ^ EiQn, RoticD or Eyrns01 3E to tho timo ::lAd pl3CO Qf rogl:l13r ci'/ie mooting€: 3nd roligious astivities and servic;es. DIRECTORY SIGN: /'.AY SigA whish givos the name or ossl,l(3ation of the osc;lJ(3ants af the BlJilSing er gives the I,lse of the building including e#ise Building dirocteries, shlJrch sirectories, ans a(3artment house direstories. When an isentifisatieA ef aA eAtity is (3lased on a common sir-osterj Boar.g with iSentisal I,lniform style and size of letter, the isentity shall Aot Be SefineS as a se(3arate sign but shall Be sElAsisered as a (3art of the Sirec;tory ~ A siqn listinq the tenant's names, locations. buildinqs or qroup of buildinqs. DOUEllE FACED SIGN: ^ EigA '.'/ith WIG f3CGS \\'t:lich ::Ire b1sbI:Jlly, but not noe8€&:Jrily, (3arallel. ElECTRIC.".l SIGN: 1\ sign or SigA stFl:Istl.JrO in 'lIhiel=l integral eleotric v/iring, cQRnectionE, er fixtl,lres are I,lsed as part of the SigA (3re(3er. FIXED PROJECTION SIGN: ^ sign, ether than a flat SigA, whish exteAds flerponsisl,llar frem the fa~age of any builsing ans is rigisly affixos therote. FLAT WALL SIGN: A sign erected parallel to ans extending Aet mer.g thaA eight iAshes frem the fasade of any bHilsiAg. the buildinq to which it is attached. and supported entirely bv the facade. FREESTANDING SIGN: A aatr~:I(~t:lQd sign \\'I:lich sl:l:J1I iAClbJ8e :JRY EignE Eblpparted by Hprights er Brases (3laseS l,l(3on or in or sl,l(3(3ortes BY the groHnd and not attacheS tel any Bl,lilsing; shall insll,lse (3ole signs and groHnd SigRS. A siqn that is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole siqn or 29 ORD NO. _-04 Rev. 4-5-04 monument siqn. All siqns erected on a pole shall have a pole cover. All free-standinq siqns shall contain the street number. GASOLINE PRICING SIGN: A siqn incorporated into a qasoline station identitv siqn. for displav of the price chanqes. HEIGHT (OF A SIGN): The vertical distance measured from the hiqhest point of the siqn. to the qrade at the base of the siqn. IDENTIFICATION SIGN: A sign, etl:1er tl:1aA a 1311lletiA l3ear:8 SigA, er Aameralate SigA, indicating the name of the primary use~ The Aame er addr.gss ef a l311ildiAg, er tl:1e Aame ef tho rn3n:J€)QFAent thorQof. IllUMINATED SIGN: A sign iA v.<l:1isl:1 a with an internal or external artificialliqht source ef light ie; ue;ed in order to make the mee;sage r.gadal3le aAd sl:1all iAslllde iAtemally aAd externally lighted e;igns. INSTRUCTIONAL SIGN: ^ sign conveying instructions with reElraeet te the premises eA whish it is maiAtained, sllsh as the entrances or exit of a parking area, a no trespase;ing SigA, :J d:JAQf3r sign, ::tile sirnil:lr SiQRS. MARQUEE SIGN: A siqn attached to or supported bv a marquee structure. which is a permanent roof-like structure or canopv extendinq from the facade of the buildinq. MENU BOARD SIGN: A chanqeable copv siqn for displavinq a menu selection and pricinq of the items for sale. MONUMENT SIGN: A freestandinq low profile siqn with the siqn area at the top of a solid base. NAMEPLATE SIGN: A non-electric. on-premise identification siqn qivinq onlv the name. address and/or occupation of the occupants. NONCONFORMING SIGN, CL!\.SS 1 !\,ND CLASS 2: .^. SiQR er :;u:i'/ortising strl;Jctl;lro existing within the incorl3erated area en Deseml3er 1 g, 1 9g5, whish, l3y its height, e;quare foot aroa, locatien, llse, er strllet\,lral Sllraraert did Aet senfgrm te tl:1e reEjllirements ef the sede rarier te the offoctive date of this sharater shall hereafter be termod nonceAfermiAg, slass 2; a SigA er advertisiAg strllstllre existing within the incorporated area eA dilly 1 g, 1986, '!/hich, BY its hoigl:1t, sql:.l::lro Welt ::lFO:J, loc::lti9A, b1Ef3, Gr strblctl:.lF:J1 EbJpport did conform te the rOEjllirements ef the cede en December 1 g, 1995, but which do not after adel3tieA ef this chapter shall hereafter be termed nonconforming, clace; 1. A siqn which was erected leqallv but no lonqer complies with the current siqn code requlations. 30 ORD NO. _-04 Rev. 4-5-04 OFF-PREMISE SIGN: A sign, insll,jElin~ el,jilEliA~ si~ns, aElver-lising an establist:II'Aont, FF1ofch3Adisf3, EorviG13, Qr ontert3iAFRGRt, \vhich is Eold, ~r()dl;lGod, m:J.nufuetwro8, or fI.lrnishoEl at a I3laso othor than advertisinq a business which is not located on the property on which where the sign is located. ON PREMISE SIGN: fa, sign ~\'hich FR:JY c::u=ry Ron commercbl FF1QSE:JQf3€ 3& 'Noll ::IS CQFArRofci:J1 m0&&:J€)O& strictly indaent:]1 to the 1::l'.~Abll blsa ef the f:)fBFAiso l3A '.vhich it is loc:Jtod, inellJeliA€} sigAE elf sign 80vices iRc:lic:Jting tt:le Business tr:JRs:Jctoa, sorvicos rendered, geoEls solEl, er I3roEll,jsoEl on the I3ror-Rises, Aame of tl=1e el,jsiness, namo of tho per-&on occupyiA~ tl=1e I3remisos. PAINTED WALL SIGN: A sign painted on aAY el,jtsiEle ',:all er r-eef er en ~Iass of any buiIElin~. applied with paint or similar substance on the face of a wall. POLE SIGN: A freestandinq siqn that has the siqn area at the top of a pole. POLITICAL SIGN: A temporary siqn erected bv a political candidate. or a proponent or opponent to a referendum. or qroup or aqent thereof for political purposes directed toward the ultimate exercise of votinq bv the qeneral public in connection with local. state or national elections. PORTABLE SIGN: Anv siqn desiqned to be easily moved. such as a sidewalk or sandwich boards siqn. and is not permanently affixed to the qround or to a buildinq. PROJECTING SIGN: A siqn which is attached at a riqht anqle to the outside wall of the buildinq REAL ESTATE SIGN: Any siQR erocteEl BY ::In O'Nnor or his agoRt, advortisinQ thQ roal proporty ul3en whish the si~A is leGated ae; for rent er sale. temporary siqn advertisinq the real estate where the siqn is placed. statinq as beinq for sale. rent or lease. ROADWAY BANNER: A temporary siqn that is constructed with a standard vinyl awninq material that drapes above the roadway. attached to City installed poles on both sides of the road. ROOF SIGN: A sign oresteEl eA the r-eef, er abo'.'o tl=1e reef line, exsept that a sign I3laseEl on tho f:Jco of a f3aral39t \\'311 \\'hiCR 90GS Rot oxceoel rowr mot in hoight :Jnd 'A'hieh foFFAS :J continuol,js oxtensien ef the fuse ef tho l3uilElin~ sl=1all not ee sOAsiElered a reef si~n. In addition, a r-RansarEl sestion sign below the FOof IiAe is Aot a roof sign. which projects above the roof line or is located on the roof of the buildinq structure. 31 ORD NO. _-04 Rev. 4-5-04 SIGN: AnY device. structure or fixture usina araphics. svmbols or written copv desianed to advertise or identify an establishment. product. aoods or services. or rclprclseAtatioR tor visl.lal communication that is usod for tho purposo of bringing tho subjoct thoreof to the attention of othors. SIGN AREA: Whore a Si!jR is eesi!jRee se tl=lat tl=le Si!jR fase is slearly eissemible, the Si!jR aroa e;hall 130 eEll.lal te the ar.ea of tl=le si!jn fase. 11'1 all other sirGl.lmstansos t Ihe sign area shall be the area of a rectangle enclosing all lettering, illustrations, ornamentation and loaos or selor which forms an integral part of the display, or differentiates the display area from the background on which it is placed. Oreinarily the si!jn strl.lstl.lre will not bo insll.leee in tho SigR :lr03. HO'Novar, '.\'hero tho EigA EtrkJctl:Jro is :) 10€JQ (othQr tt:l3n :3 roligi0l:.1E symbol on tho sito ef a reli!jiel.ls institution), the rostan!jle l.lsee te meaSl.lre tho Si!jR ar.ea shall incluee tl=lo pertieR of the e:tructure wl=lish seRstitl.ltes the le!je, er l.lses color in the manner doscribee. SIGN CONTR.~.CTOR: .'\ peFGeR liseRsee to erest aAY type of si!jn strl,lstl.lre r.e!jaFElless ef &iZG :JAg cOr:FIlJlexity, but sh:lll FlGt be 3I1Q\4.'Qg 19 inst311 ::H~Y 010ctric31 \\'Qrk in c:eAAectiQA thor.ewitl=l. SIGN FACE: The lJ:Jrt of th0 Ei~n tl13t is Qr C3n Be ldEOEJ to jaontify, :aavQrtise, semmunicato iRtormatioR, er for '/isual FOpFOsentatieR "'/I=Iish attmcts tho attontion ef tho pl.lblis for any purposo. Si!jR Fase insll.lees any back!jFel.lAe matorial, paRel, trirR, selor, ane eirest er solf illumination l.lsoe tl=lat ei#erentiatos tho sign frerR tl=lo bl.lilein!j, strl.lctur.e, backdrop sl.lrl'ase or objest l.lpen whish or a!jainst whisl=l it is placod. Tl=lo Si!jR strl.l8tuFO shall not bo incll.leee as a pertien ef tl=le Sign Fase provieee tl=lat no rRessa!jo, sYrRbel, or any of tho aforomeRtionee Si!jR Fase 8ritoria are eisplayoe on or eei!jnee as part of the si!jn structure. SIGN STRUCTURE: A suppertiR!j stFl,lstl.lre erestee er intoneee tor the pl.lrpese of idontific3tion, '!lith er '.4.(ithout n sign thorecm, sitbl3ted I:JI3GR or 3tt::1CI=lOEJ to tho (3F9rnisOE, upon '.vhich :JAY siQn is bst,oAaEl, gf.fixoa, diEf)I::1yaa, or ::lppliod, provisoa, t:lQ\\'Qver, thiE eefiRitioR shall Rot include a bl.lileiR!j er toRse. ^ Si!jn Structuro may 130 a sin!jle polo and m::lY or Frl3Y net bo :In intoQral p:lrt Qf :I BblildiRQ. SNIPE SIGN: Any sian of a commercial nature located in the public riaht-of-way or placed in the around elsewhere that has not been approved bv the City. SUBDIVISION ENTRANCE SIGN: An entrance sian identitvina the name of the subdivision or residential development. 32 ORD NO. _-04 -...---.. Rev. 4-5-04 TEMPORARY CONSTRUCTION SIGN: ^ si!jA oreGtoEl aAEl maiAtaineEl OA !'lremises IlAElo~oiA!j GOAstrllGtion aElvortisin!j tho naFFlo of tho Bllsinose;, architoGl, contmctor, ~lJbContr3ctQr, or FF13tori31 FA3A 3na fin3nci31 iAstitl:Jti0n&. TEMPORARY POllTIC.J\.l SIGN: .II. si!jn oroGteEl BY a !'lolitiGal GanEliElate, or a !'lr-o!'lonont 0r opponont tel :I rofuroAGlI:Jr:R, 0r gr0I:Jp or 3geAt thorQQf for l30litieal pLJrpO&0€ EJirecteeJ to'.vars the I;IItiFFl3tO exorci&G of veting BY the g0A0r::l1 pl:JsliG. TEMPORARY SIGN: Anv sion erected for a limited time period. UNDER-CANOPY SIGN: A sion attached or suspended under the canopv or roof of a walkwav. UNLAWFUL SIGN: A sion which does not meet the reouirements of this code and which has not received leoal nonconformino status. WALL SIGN: A sion painted or attached parallel to the outside of a buildino. WAYFINDER SIGN: An off-premise sion desioned to ouide or direct pedestrians or vehicular traffic and it also mav include kiosks that provide information of oeneral benefit to the communitv. WIND SIGN: A sion consistino of one or more banners. pennants, ribbons. spinners. streamers. balloons. or other objects or material fastened in such a manner as to move upon beino subjected to pressure bv wind. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not effect the validity of any remaining portions of the ordinance. Section 5. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. 33 ORD NO. _-04 Rev. 4-5-04 PASSED AND ADOPTED in regular session on second and final reading on this the _ day of .2004. MAYOR ATTEST: City Clerk First Reading: Second Reading: 34 ORD NO. _-04 Date: May 6, 2004 Agenda Item No. ~"N5~ AGENDA REQUEST Agenda request to be placed on: _ Regular _ Special _X_ Workshop - Consent When: May 11,2004 Description of Agenda Item: Policy Statement Regarding the Use of Portable Signs When Streets and Blocks are Under Construction and/or Redevelopment Ordinance/Resolution Required: Yes/No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~ ;f; t_~ ,,<e.-. '------ City Attornev ReviewIRecommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: Citv Manager Review: Approved for agenda: @/NO mil Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved t'tk .~ PALM BEACH COUNTY CHARTER INmA11VE PETITION FORM A ___....._.,.....,......___................ ...~_.llM~__ ~t... """""'" In.. m<*2.... 77$.M1. _"'1""15. Fla.lllaI. 1_ el'll!9lalet1ld._ ofP.lm B_h County, Fkm1laend ~ peClCion -.. $_~ofElo<:llonll. ,.....nt to MIele '11., $ec1lon U of \h. CIIalm' of h.1m Beach County, to ple1:. the loIk>w1ng _UfO P~nQ to em.nd tb. ,,1m IlHc:tI CoImIy Clwler on the btllot In the ~l ~ or Pmklentlel prefllrence pIimuy held mo.. Ill.., tl!lrly ~ .r lb. P~ ",..-.s IIythe $upelViaOrof EI.eIl_, NAMI!: (plMM prIIIt...... _It ..........on _!.O. Catdl 8TRI!li:f ,lUlDlO_' CITY, ~: cowrrv, 1e1hl......of~for_.....dont: '11!$( ] HOt] Vet<< J 1;1. 1 4nnamber. (.., DlQ of_: I I Ie 1l.'Ulil""d' Ill........ ofYollorl _'.IIr~ 1~'T.~'~C,.._!1I1~'IiIlt"-~'.~~~?cf.'. ~.lf1~~~~g~;~I;~,.;~l~.!iii~.;~.~,mm:,;,.ilii,ii;; FUll TEXT OF PROl'OSEP Cl-I;A.NOES TO THE PAlM BEACH COUNTY CHARTER.: llection 2:1 ~ MIl II' r Form ct Gilval1l/lllll1 Palm s...t. CCunIy_ "'** _e -"'lv ,....'O"'fom of ,......,lOIlI wlI!l__' oft~I',r", end ~ In> ~ftt~WIh..~~..~R"'~.'Th...WMrf1Fl....tlf J".~lIr11 ~. .lJt~...tn'~ 'tl1IFilr::lllillll. ".-.)....&t.$d -~4) Acb..,"~-4b-" 8idAtlIlUbv I"",,~. ..r...."'_ &...Ad.) .l.d....J..It....., _2.4__ At ThA~~I'C"'I.....endp(MeR.Clf1heCotRy.~..,-dM~~ UIilrb-cf..A~I!) ~~~~.*M1be~ =:.::.':..t"'::'~;;~1:,::.;;..~~:~.::...._...._...t!le_.--... 8 ThIt~&hRIh1rv8 th8 foIatIt.fna .~~~ 1. Tbe _$hell ......... and........... bIllMlen Iloo....1 end'-"" 91 . """'"1I!l1IM - '" 1I\!l00000000lll.... CounIvt"~ ~.""'*NMoarm.H aJbIecttoh ~.Ofcpener.eltaw.lnllDilK'8and.nhmltarwJdl;.,~~~~"'" tu~WtM.et!UnNta.th. Cow1IV ComniIolon ~~~~!S~~~~~a~a~,~ _tu-.s1DEl ~~\<6 ~. lFUU 'TEXT OF PROPOlIl!D CHANGES TO THE PALM BEACH COUNTY CfW!TER CONTUlNUEOl c ThaMlwor.....~.OolriYAd~wha....~8ftha-L.. .......DUhll~Jlk.~~M.....rlt L~4' h"""""r 1.*4~).Hd...~~",llhuJlllljllJof',_~HI1i!8:.~.....",., J ._._ The~~...,....tMt.. ll)' lIle _Ilfc...my C__ Tile ccumy _.......lII\llIlll*_1lO'l....l!8OIod_ PIOI-1l'llOlIn\l. --.. aMllIl""~__aMQUill~ aMlleIW lIball_wIl!Ilil1M~WI\Ut~tf\llIOYlld. .D. Will1InnhO!y \llOl drys....1he lldOplIMoI.... CII011Or.1he County _U'I/.....oholl !'--.l1O....1loW 01 County Com. I'"." MMI h ~.Code.of~ aM 0n:IInIIncII and tha M\lilWlA..l.. Codtt'wtth.."" I~""~dod ~:tbr theft 8l> _ Tho_lII\llIl..-ln1he _~.Ihe_ofPJOCOdure lIdopIod ll)'1he _ ofCC<lllly ~.Ihe moan""'" tJlC<lun1Y de~", Ihe _.l~ ~ poIIeyaMa<rnlf.....~~..~ Tho_~ 1M> Cll/lOI,_~' .pOn(lllIMlloplell\ _0II1he_ opIell\ ~._ __. ~~ tIIl4 pIl1 0"", frinOollonellta,apenonnel revIow~ afld a """""",..10< '-lng""".._.....d_d~.<tIOllI$fot... ....rq~ ThoM...."o\liVeCCde_~....~_plen Ii. Ai\lftII8l~fath~af.""""MheIII.kt~ iIUt1WIMtt6h~AtId~ ~t ;kOl\.~MIIlh- 1labed 1W....IM..w~ to.... ~ oICOUillYCOi~~lt..:~,' 1'hII.t8tm.of~ lor II'l*M.lwrlMdl".oIAnlMnOA on.... tuICo ~ ~ JoItMlna.", .... ~ 'The MlWot'iIhat1 serve . wm tJb1rWllft. Mo twIftM INN' .----. onh hA1H for ,..;. . -<:L.._ to the .afficB of Miwor:if.bv tbB ~ bfthe a.rrenI war in oRbl the ~.d bmirtt MNfld. OIhrt for rMionaIon WOUll1 bwe MIV'Mf asUa\l'Ol' for eimt --- ......YBIlfJi SM:IIoft 3. t O"L..t'~ .1 ofAulttorit)t' Tho -.lafOou1ty ~tlwoi ......"""""~!M. eIId~lo ""'..._ ~ Ihe...... "'... ~ aM Ir.~ to deIegIte. 4W.l*_~ of ItS poICIe$. tQ -.M:IDt OC_ot> .4..~4.~ _4.2I_CcuIlly~~tIIl4Ol!1Cn Tho Co<mIy dOpartmeIllllelllle._ ....~ "'Ihe~~, Inletl\tl~; a<Id.InI\lIiIf"'fbe.RtIoaJeAdmlnltr treI9r._l>ooppdr)ledby...MiIli!lta...................._lIle:...afld_9f..._ofC<ultyCom, f' ~. tIIl4l1balll>o IRponoillle 10.... MiIli!lt<::9;I"lr, .. ' . 1 .1, r lh!> iolIIIeI C~~~;=aM"" __1>0 ~ =~-==_wllIItIle~oftlle_otC<ulty , i _1>0, ~ ~R4IdoMOI1d- ~"'11..1 J*4 ~~ Oibol.....,.._.afld"--'"'"" ~ RIoll~ GonnI~~ ~ ~- ~~"'...._- ...... - a<Id ReaIlIlIOft ~?anTnoa<ld flllIIIInO -SdIIf surr.c. Tr~ .~ ~dIltioIl WoIwu.loo ~..........,_~__lluln.Jt........., ~ ~ClII'I boo bIIld llt_~OIlI. P-.feelfnrelooopy end dl$Iribule. ConIrlbutionS end v<>Iu_... welcome! ClIl or .....w.., ",.. -.ld loVlIlO hoar liom you. MlliIPJlIilIon.to: lEADING FOR THE F1JTVRS 1_J....TllIi~.168 llllOy Ele8Cll. Fl3$484 I'l1oNI.: (~l !l61-ll68-Ql14 EmlIII: . PfIId poIIIIceI-""""- by l.eIdllQ For /be FuIme. -- leMA Web Site (Jif.{- j(I1~.:x,. fA 'fag7~ ,."",,,.,,,,,,,.,.....,,.,.....,,'......h.....,..........,.",,,............<.::<:........:. ..' ......,..:..:...'.:... .......<........,... CREAnNG EXCELLENCE IN lOCAL GOVERNMENT through professiamlmanagemem ~r-=h.~~~~__. m~ rg ICMA: News B leMA Home Supporting the Council-Manager Plan: One Member's Efforts About ICMA NO MORE MAYOR? NO MORE COUNTY EXECUTIVE? Capabilities and Expertise Member Benefits and Published on April 11, 2004 Infonnation Author: LEONARD A. MATARESE - Special to The Buffalo News @ The Buffalo News Inc. Who's Who Information Resources Imagine It's the year 2015, and the person running the metro government that Includes Erie County and the City of Buffalo has a slew of qualifications, except Conferencest Meetings, and one: He or she Is not a politician but rather a trained professional In the art of Events running a government and delivering services. So how did she get the job? She Public Management Magazine was hired, not elected. (PM) That may be a fantasy here, but It's reality In a lot of other places In America. Professional Development As residents of Erie County and Buffalo debate various merger and consolidation proposals, perhaps It's time to add another alternative to the International Programs mix: Instead of electing someone to run a city, county or metro government Interest Groups and Discussion here, should Buffalo and-or Erie County consider a change to a councll- Usts manager government? The council-manager system of local government combines the strong political leadership of elected legislators with the strong Bookstore managerial experience of an appointed, professional, non-political local JobCenter government manager. This form establishes a representative system where all power Is concentrated In the elected officials, who then hire a highly trained, Services for Local Govemments experienced manager on whom they depend for the expertise and guidance Corporate Partners that will assist them In directing the administration and delivery of public services. Retirement Corp. (ICMA RC) Unks The International City/County Management Association (ICMA) Is the professional and educational organization for professional administrators Passwords and Preferences serving local governments around the world. Founded In 1914, ICMA promotes effective leadership and management for local governments through the Browse b1 Topic collection and dissemination of best practices, Information and profeSSional Active living development. Brownfields According to ICMA data, more than 80 million citizens live In communities that operate under the council-manager form, Including the majority of larger Career Resources communities. Of the 242 cities with more than 100,000 population, 142 use Otizen and Resident this form of government. Some examples are Charlotte, Dallas, Las Vegas, Partldpation Oklahoma City, Phoenix, San Antonio, Cincinnati, Austin, Fort Worth, Tucson, Sacramento, Colorado Springs, Anaheim, Virginia Beach, San Diego and Community and Economic Wichita. Development Ukewlse, counties have Increasingly turned to a professional administrator for Council~Manager Form of management. In the late 1960s, the National Association of Counties (NACo) Government called for the restructuring of counties and the appointment of strong Culture, Libraries, and Art executives as managers. NACo recommended what many cities already knew n Elected Officials that the best structure for local government Is the appointed manager with the authority to manage all functions of county government. http://www2.icrna.orglrnainlns.asp?nsid=935 4/27/2004 leMA Web Site Page 2 of 5 Environment Of the 482 U.S. counties with populations exceeding 100,000, 30 percent or Ethics 143 operate under a manager form, with 37 percent working under a commission form and 33 percent under an elected executive. However, as Finance and Administration counties grow In population, the percentage of those operating under Health and Human services professional management Increases dramatically. Of the largest counties, those over 1 million population, almost half, 48 percent, are managed by Local Government professionals, compared to 34 percent operated by an elected executive. Management! Administration Parks and Recreation History Performance Measurement Born out of the progressive reform movement In the early 1890s, the councll- manager form of government began in 1908 In Staunton, Va. In 1914 Dayton, Personnel and Human Ohio, became the first large city to adopt the plan. The first counties to do so Resources were Arlington County, Va., and Durham and Robeson counties in North Carolina. Planning and Zoning Public Safety, Security, and The council-manager has become the most popular form of government In the Emergency Management United States In communities with 5,000 or greater populations. The form Is also popular In Canada, Australia, the Netherlands, New Zealand and the Public Works United Kingdom. School/University Relations The manager's role Smart Growth Functioning much like a business organization's chief executive officer, the Technology appointed professional manager oversees the community's dally operations and, through a professional staff, ensures the provision of essential services Telecommunications and the effective Implementation of the elected officials' policies. He or she Transportation uses merit, not political affiliation, as the leading criterion for making all hiring and personnel decisions. Typically the manager has the clear authority to: . Hire and terminate all senior officers and staff members. . Direct and supervise the administration of all departments, offices and agencies. . Purchase all goods, supplies, equipment and services required by the government, consistent with state and local laws. . Prepare an annual budget and financial plan for consideration by the council. . Administer and enforce all contracts Involving the local government. . Enforce all laws adopted by the council. Managers who are members of ICMA adhere to a strict code of ethics, which requires that they totally refrain from participation In all political activities, Including the election of employing officials. Managers are appointed by and serve at the pleasure of the elected officIals. They do not have guaranteed terms of office or tenure and are evaluated on their responsiveness to the elected officials and the community as well as their ability to manage and deliver efficient and effective services. They may be terminated at any time If they are not responsive to the elected officials. The cliche among city managers Is that they "run for office every two weeks" (at the bl-monthly council meeting). http://www2.icma.org/mainlns.asp?nsid=935 4127/2004 -- leMA Web Site Page 3 of5 Performance data Communities that operate under the council-manager form have a strong track record of performance and accountability. For example, the 2000 Government Performance Project, complied by Governing Magazine and Syracuse University's Maxwell School of Citizenship and Public Affairs, graded 35 large U.S. cities. The report substantiates the belief long held by council-manager supporters that professional management combined with strong political leadership makes an Important difference In quality of life for citizens In those communities that use them. The report's two highest-ranked cities, Phoenix (graded "A") and Austin (graded "A-") operate under the council-manager form. (Buffalo was ranked 34 out of 35 with a "C-" rating). Additional evidence of the superiority of professional management Is the consistently higher debt ratings received from rating agencies such as Moody's and Standard &. Poor's of those cities that employ a professional manager. Of the 21 S&.P AAA-rated communities of over 100,000 population, 13 (62 percent) operate either under council-manager government or under a system that employs a professional manager. The end of patronage Under the council-manager form of government, qualifications and performance n not skillful navigation of the political election process -- are the criteria that elected officials use to select a professional, non-political, manager. The manager, In turn, uses his or her education, experience and training to select department heads and other key managers to oversee the efficient delivery of services. In this way the council-manager government maintains critical checks and balances to ensure accountability. Removing the chief administrator and senior executives of local government from the political process ensures that governmental services are delivered based upon need and the overall best Interest of the community and not polltlcallnnuence. Simply put, this eliminates the "to the victor belongs the spoils" system of governance that hearkens back to the days of Andrew Jackson. The role of the mayor In most communities the citizens see their mayor (or county executive) as their most visible leader, and the elected leaders of council-manager communities are no exceptions. In this way, these chief elected officials are analogous to the chairman of the board of private corporations. The mayor In council-manager communities performs two critical leadership functions. As a member of the council, he or she guides the development and Implementation of policies to enhance the delivery of services to the community, and he or she brings the community's diverse constituencies together to work toward common goals. By relieving the mayor of day-to-day administrative responsibilities and the appointment of personnel, he or she Is free to pursue the long-range planning for where the community should be going and building the political consensus required to get there. And, freed from the need to dispense Jobs and fix potholes, the chief elected official now can focus squarely on manning the "bully pulpit" to work toward badly needed, sometimes unpopular changes In the way governmental business is conducted. Mayors In council-manager governments are most often directly elected by the http://www2.icma.orglmain/ns.asp?nsid=935 4/27/2004 leMA Web Site Page 4 of5 voters. ICMA's survey of cities In 2002 showed that 67 percent of all councll- manager forms elect their mayors by direct popular vote. A less popular option Is for the council to select the mayor from among the council members. Alternative forms The National Civic League, an Independent, nonpartisan citizens organization founded In 1895, has endorsed the council-manager form of government as the preferred form since It published Its first Model City Charter In 1915. The latest edition of the Model Charter once again endorses the council-manager form but also recognizes that there are other alternatlves to provide professional management to communities. In those cities that choose to remain a strong mayor form of government, the Model Charter Committee recommends the addition of a chief administrative officer (CAO). There are two alternative approaches to how the CAD Is appointed and what the responsibilities of the posltlon are In such governments. In the first approach, the mayor (or county executive) Is a strong chief executive officer and provides the functions filled by a city manager In the council-manager form. This form clearly divides the powers between the mayor and the council, with the mayor as the dominant force. There are no provisions for having major appointments be subject to the "advice and consent" of the council. When there Is a CAD, this position Is an extension of the mayor's office and Is called the strong mayor-CAO-counclI form. Another approach Is where authority between the mayor and council Is both separated and shared. This Is the form used by the large majority of strong elected executlve governments, Including 8uffalo and Erie County. Here the mayor has the executive authority, but major decisions are proposed by the mayor and approved by council. For example, department heads are nominated by the mayor and ultlmately confirmed by the council. In these governments where a CAO position exists, the official Is nominated by the mayor and approved by council or chosen jointly. Such systems are referred to as mayor-councll-CAO forms. The Civic League's Model City Charter says the preferred option In mayor- council forms Is to have a chief administrative officer (sometimes called a city administrator) with professional qualifications similar to a city manager who Is responsible to both the mayor and the council. This model provides for the Important organizational values Identified by representative democracy, where accountable representatlves make policy on behalf of the citizenry; responsible professionalism, where the manager or administrator Is qualified by experience, education and training to achieve a high level of efficiency and effectiveness In city government; and polltlcal leadership, where the mayor leads the city as a whole. SUmmary The citizens of Western New York are struggling to find ways to Improve the delivery of governmental services and at the same time reduce costs to become more competitive In attracting employers and jobs to the region. Now, more than ever, may be the time to consider the best way to manage those governmental services, whatever the structure of local governments may ultimately be. Leonard A. Matarese Is currently the commissioner of human resources for the http://www2.icma.orglmain/ns.asp?nsid=935 4/27/2004 leMA Web Site Page 5 of5 aty of Buffalo. He has served as a municipal manager In five communities and has been a member of ICMA since 1982. Contributors to this article include Martha perego, ICMA manager of local government programs, the aty Managers' Department of the California League of Cities, and Bill Hansel/, former executive director of ICMA. @ 2004 Intemational City/County Management Association (ICMA) 777 North Capitol Street, NE Suite 500 Washington, DC 20002 Main phone number: 202-289-4262 Member services: 202-962-3680 Main fax number: 202-962-3500 Order processing center: 1-800-745-8780 General contact Information Staff contacts for leMA members Please contact us if you experience any problems. leMA Prlvacv Policv http://www2.icma.orglmain/ns.asp?nsid=935 4/27/2004 Re: Architecture & Design TV Page 1 of2 Kucmerowski, Carolanne ~ From: Kiminas, Sue Sent: Thursday, May 06, 2004 8:11 AM To: Kucmerowski, Carolanne Subject: FW: Architecture & Design TV Carolanne, Per Susan's instruction. I am forwarding you a letter and comments (revised by Danielle Devito-Hurley) to add as part of the Multimedia materials for the workshop on the 11th. Thanks. Let me know if you have any questions. sue Ki/1A.f.na5 City Attorney's Office City of Delray Beach 200 N.W. 1st Avenue Delray Beach, FL 33444 (561) 243-7090 --mOriginal Message--m From: Ruby, Susan Sent: Wednesday, May 05, 2D04 5:08 PM To: Kiminas, Sue Subject: FW: Architecture & Design TV Please transmit the letter and the comments to Carolanne as part of the agenda on the multimedia matter for the workshop. Thanks. Susan A. Ruby -----Original Message--m From: John Sasson [mailto:jsasson@MMPUSA.com] Sent: Wednesday, May 05, 2004 4:54 PM To: Ruby, Susan Cc: CLYNEST Subject: Re: Architecture & Design TV Dear Susan, Thank you for your comments on the conveyance agreement. I have inserted my comments in red for your review. Since we normally do not have our attorney handle the preliminary parts of our business dealings, I was instructed by our Executive Producer, Thomas Clynes, to step directly into discussions with you. Therefore, the red-lined comments are mine and not Danielle's. Myself and our executive staff are concerned about this project however, since several weeks ago, we understood the City Commission approved, and would now go to legal '\N: ~-A ~ 5/6/2004 Re: Architecture & Design TV Page 2 of2 to cross the T's and dot the I's. While I understand that dealing with municipalities usually involves a bit more red tape, it is also important that Delray understands that our TV series must be produced expeditiously so as to make for the most topical and up to date programming content. With compromise on each side, I am confident our mutual goals can be accomplished. Please make the insertions you feel are necessary and then let me know what you need from me in order for you to get this approved on your end. Time is of the essence, as we are planning a video taped brain storming session with Michael Graves on May 17th and Delray's participation is necessary if they are the selected City. This will be the beginning of the building planning and will include discussions about either Delray, Deerfield or our third option, which currently is confidential. We are interested in making this work with Delray Beach, however if the commissioners are not fully enthusiastic with this project and ready to move forward, regretfully we will have to move in another direction. This would not only be disappointing to us, but a very big lost opportunity for the City of Delray Beach considering they stand to benefit by receiving about 2 million dollars worth of national, regional and local TV exposure, increased tax base, increased business to the community. Additionally, the local business community will be involved, as we are seriously considering working with a local developer and will have our second meeting with them tomorrow. Please let me know how quickly you can turn this around and I will coordinate the pre-production process necessary on our side. Regards, John Sasson Sr. Coordinating Producer <<Del ray Convey SR comment TC response 106.doc>> *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 5/6/2004 . Writer's Direct U'ie: 561/243-7091 (o;.~~_===~~=~~- ...........] April 2B, 20D4 BY ELECTRONIC MAIL Danielle DeVito-Hurley Gunster, Yoakley & Stewart, P.A. 500 East Broward Blvd., Suite 140D Fort Lauderdale, FL 33394-3076 Re: Media Entertainment Products and City of Delray Beach Contract for Conveyance of Land (Approximately 9,000 Square feet at the S.E. Comer of the Tennis Center Land Bordered on the East by Northwest First Avenue on the South bv West Atlantic Avenue Dear Danielle: I have reviewed the contract for conveyance and have drafted a summary of my review for you as well as for the persons copied below. Please contact me if you have any questions. Please share this with John Sasson who called and wanted to make sure he was informed as to the review. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA By: Susan A. Ruby, Esq. City Attorney SAR:smk Attachment cc: City Commission David T. Harden, City Manager Joseph Safford, Finance Director Paul Dorling, Planning and Zoning Director Randy Welker ---- ------- 4128/04 SUMMARY OF CONVEYANCE AGREEMENT AND COMMENTS 1. 1.2 - "Closing Date". Closing is set for ten business days after Buyer's condition precedents to closing are satisfied. [The contract should include a "not to exceed" closing date.] We are open to vour input on the lenqth of max time 2. 1.5 - "Property". Approximately 9,DDO sq. ft. located at SW. comer of NW. 1" Avenue and Atlantic Avenue. Buyer has changed the contract to provide that Buyer will pay for survey to obtain correct legal description. Correct 3. 2. - "Conveyance of Property; Consideration". Exhibit B contains the Buyer's services and a value thereof. In Paragraph 1.(a) of Exhibit B, the Buyer has guaranteed certain distribution and has mentioned certain time slots. [I would recommend that the words, "generally agreed" be omitted.] Not a problem to remove Paragraph 2 of Exhibit B requires visuals of the City in the five seconds or ten percent (10%) of the opening credits, whatever is greater, a thank you in two sentences across the full screen for two seconds and a visual of City flag or seal. The City will be cited in the dateline of press releases indicating the reasons the producers chose the City. The above requested citv credits are acceptable. [Perhaps an Independent television consultant could validate the value of the services. The changes to exhibit B should be reviewed by the Commission. They are set forth In pages 24 through 27 of the Contract.]While I believe the reason Pearlman and the other citv commissioners have come this far is because thev understand the value of this proiect to them far outweiqhs the value of the land. Additionallv. there are intanqible and literallv immeasurable values lie. Association with Michael Graves. Hunter Tvlo, Alexander Haiq) 4. 3.1 - "Intended Use". The agreement provides for condominiumization of all or a portion of the improvements. [Condominiums may negatively Impact repurchase rights]. Office andlOr Retail Condomllllums would be a reqlllrement 101 MEP If we are tradlnq 2 million dollars wortll of Advertislnq. exposure and the Credibility (that comes with your association with our TV series Graves and Hunter) all In exchanqe for the land then we need to be able to sell the property or parts of It as this process may even be part of the overall content of the TV senes Also, the contract provides construction will commence in 12 months of closing. [Paragraph t 4128/04 13.1 says construction will commence 24 months after closing and will be complete 36 months after closing.] 24 months is what we would commit to however more than likelv it would be within 12. The DeI_, Buyer represents that the building will be designed by Michael Graves and Associates and constructed substantially in accordance with the Michael Graves Architecture Plans as such plans are approved by the City. [I would recommend that the warranty as to the Michael Graves design and building be made to survive closing and also to reserve unto the City the right to approve in its sole discretion the design based on the aesthetics Independent of normal City processes either prior to closing or Immediately after closing prior to construction and if not approved, the land reverts to the City.] Yes. tbe city SllOLlld be able to approve the desiqn based on aesthetics as Junq as approvals are not LlllreasollablYJlillhheld. However It must be approved based on the Cities normal process, not independent of the normal process 5. 3.2 - "Development Approvals". Buyer to use reasonable efforts to secure approvals and to obtain building permits. The contract also contains a statement that development approvals will not be deemed issued until Buyer prevails in litigation inCluding appeals. [I would recommend that there be an outside date Inserted for securing the approvals. Further, I would recommend striking the sentence dealing with prevailing in litigation as contained In the last sentence. Instead, I would suggest the following language: "The effect of litigation on development approvals shall be as set forth In L.D.R. Section 2.4.4(F)(4)."] ok on the new term, what do vou recommend for outside time frames? 6. 3.3 - "Seller's Cooperation". [This entire paragraph should be stricken. Instead, I would suggest the following: ''The Seller agrees to join in and sign applications that are required to be submitted as may be needed; provided, however, by signing such applications or entering Into this agreement, it is understood by both parties that the City, as Seller, cannot and does not warrant that any approvals will be granted."] ok, but cannot be unreasonablv denied either. Also. this must ~o thru the standard citv approval process and not be independent. 7. 3.6 - "Ownership of Approvals". [I would add, "Buyer Is responsible to secure all approvals at their own expense".]~ 8. 3.7 - "Termination for Failure to Obtain the Development Approvals". The Buyer has the right to terminate if approvals are not granted. [I would 2 4128/04 suggest the Seller and the Buyer have the right to terminate In that event without further penalty. Since obtaining the development approvals are a condition precedent to closing, I would suggest the last clause "except for those matters which survive the termination of this agreement" be omltted.]~ 9. 4.1.1 - "TItle Commitment". [I recommend that the title work be obtained immediately or within a short period of time after the legal description Is obtained from the survey. The history of this property warrants an early check of previous deeds and quiet title actions to make sure there are no Impediments to using the lands for a non municipal purpose. There are no known Issues in this regard at this time, however, I would suggest that the title work be completed within 15 business days after receipt of the survey In Paragraph 4.3.]~ 10. 4.1.2 - [I would eliminate the words "except for those matters that survive the termination of this agreement" In the second to last sentence.] ok 11. 4.3 - "Boundary Survey". Buyer will pay for the boundary survey and updated survey. ok 12. 5.1.1 - "Buyer's Cost". All inspections will be at Buyer's costs. J2!s 13. 5.1.2 - "Insurance". Buyer will obtain insurance naming the City as an additional insured. [I would suggest that the sentence Include a statement Indicating securing Insurance will be at the Buyer's sole expense. Also, I would recommend that the Buyer be subject to the requirement that It provide all insurance, whatever type, or In whatever amount that the Risk Manager of the City deems advisable.] Must be based on normal city practices, not simply what Risk Mrlr deems advisable 14. 5.3 - "Offslte Parking Arrangements". The Buyer shall secure parking agreements within the inspection period (60 days), and use reasonable efforts to obtain parking agreements. [I would add language that states that, "The cost of obtaining the parking shall be at the sole cost of Buyer".] ok 15. 5.4 - "Appraisal". City will now pay for appraisals of the property. [I would suggest, as previously mentioned, that additional language be added allowing the City to use a television consultant to value the 3 4128/04 services provided In Exhibit B with the cost of the appraisal of the services to be reimbursed by Buyer.] No. if vou plan to get a TV consultant to evaluate the proiect. then that would be at the Citv's full cost. 16. 6. - "Acknowledgements, Representations, Warranties and Covenants of Seller". [Paragraph 6.1 should be stricken in Its entirety, along with 6.6. The words, "to the best of the City's knowledge and belief' should be inserted In front of 6.3, 6.4 and 6.5.] Ok 17. 7. - "Buyer's Conditions Precedent to Close". [I would recommend that additional language be added to 7.3 as follows: "The City does not warrant that approvals will be granted." There also should be an outside time limit to secure the parking agreements that can be extended by mutual agreement of the parties. I also would add language to state, "Notwithstanding anything contained herein, all parking agreements must meet the requirements of the City's Land Development Regulations, Section 4.6.9(E)(4)(5)".] [I would also add that the posting of the Letter of Credit in a form acceptable to the City be included as a condition precedent of Buyer to closing. I would also put in language that in the alternative, the posting of a cash bond with the City in a form as may be acceptable to the City, be included as a condition precedent.] No. we are committing to this and MMP is guaranteeing this as well. we are not qoinq to post a bond or a lelter of credit. 18. 13.1. - "Rights of Repurchase". The City's rights to repurchase is effective if commencement of construction does not occur 24 months from closing date or completion does not occur within 36 months of closing. [In Paragraph 3.1, It states Buyer will commence construction within 12 months of closing date. I would suggest both sections require commencement within 12 months of closing and require that completion occur 24 months from closing.] No. 24 and 36 are most appropriate for the TV series here. 19. 13.3 - "Repurchase Price". The language states that the repurchase price will either be the hard and soft costs paid as part of the Buyer's expense, or the outstanding mortgages on the property, whichever is higher. [The soft costs should be eliminated and the hard costs should be those costs paid to unrelated third parties. The better course would be to delete 13.13.1 In Its entirety and for the City to pay mortgages for hard costs incurred as a result of dealing with 4 4/28/04 unrelated third parties only. Further, the City should have thirty business days, not five, to give notice of the right to repurchase.] No. soft costs and hard costs would need to be included here. Additionally, any and all costs from Exhibit B which were performed on would have to be included in the re-purchase price. 20. 13.5 - "Closing". The agreement calls for a closing on the City's right of repurchase within 30 days of the election to repurchase. [A longer period oftime Is needed.] Ok 21. 13.6 - "Title Insurance". [On the repurchase, the City cannot pay documentary stamps taxes by law.] Ok 22. 13.7 - "Institutional Mortgagee". The agreement provides that a mortgagee has superior rights to the City and may elect to take over the project. The City's rights are subordinate to the mortgage except that the City has the right to repurchase ahead of the mortgagee if it pays a "release" price as may be agreed to by the Buyer and mortgagee in a deed of trust. [The release price should be fixed as the mortgage on the hard costs. The better protection Is to have the City have a first mortgage on the property.]No. this does not seem like it will work 23. 14.2 - "Buyer's Post-Closing Default". If Buyer falls to provide the services in Exhibit B and the default remains uncured for a ninety day period, then the City may receive the fair market value of the property at the time of the default less the cost of the improvements constructed thereon. To determine the fair market, each party will select an appraiser and the two appraisers will select an appraiser who will determine which of the previous appraisals will be binding on the parties. The Buyer will thereafter pay to Seller within ten business days the fair market value of the land which will not include the value of a proposed improvement constructed by Buyer. [This Is a cumbersome process.] WE are open to your suaaestions here, 24. 14.2.2 - If Buyer falls to timely commence or complete construction, the City may repurchase the property at fair market value of the land plus fair market value of the Improvements and prorafed value of the benefits outlines In Exhibit S., under the terms set forth above or receive the fair market value of the property (less improvements). [These Items are described above.] 5 4128/04 25. 14.2.3 - "Letter of Credit". A letter of credit is to be provided at closing. [I would suggest that the Letter of Credit be provided prior to closing to Insure the form is acceptable. The letter of credit can be held in escrow if the form is acceptable until closing. Further, the contract should allow the posting of a cash bond. See above.] No letter of credit is necessarv, since MEP and MMP are quaranteeinq their services. 26. 14.2.5 - "Arbitration". The agreement calls for arbitration. [I would recommend Paragraph 14.2.5 be stricken. It is not in the City's best interest to allow arbitration. The contract requires the City to arbitrate before electing to repurchase. It lets the arbitrator determine the materiality of a default and that ruling is not appealable which is a condition detrimental to the City.] Arbitration seems like a fair solution if there were any issues. 27. Guarantee. The Guarantee needs to be clarified. [The Guarantor should guarantee to the Seiler (City) the obligations of the Buyer and the agreement. Please clarify the rest of the language. We also will need a corporate resolution as to the Guarantee.] Ok 28. Exhibit C - Restrictive Covenant. [Additional language should be added that nothing contained herein abrogates any rights of the City under its pollee powers which remain in full force with no limits except as required by law.] Ok 29. Final Comment. [(1) It Is unclear how the City can repurchase If parts of the project are condominimlzed. (2) The better protection for the City Is to have a superior mortgage for the value of the land which can be foreclosed upon by the Clty.1 If we cannot Condominimize then this project will not work. as the option to condo and sell the office buildinq mav be part of the overall TV series. SAR:smk 6 i .. . - . [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMtLE 561/278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7091 F l 0 . I I> .. baw:II Al-Amerlca City MEMORANDUM ~'IIE DATE: May 5, 2004 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Multi Media Contract I am providing you with the summary that I provided to the lawyer for Multi-Media as well as an underscored copy of the contract. If I receive additional information, I will forward it to you prior to the workshop session. The purpose of putting this matter on a workshop agenda is to seek direction on how you want to proceed. Please call if you have any questions. ~ Attachments cc: Barbara Garito, City Clerk . , , [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW tSI AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 56t1278-4755 WMle(s OirecI Line: 561/243-7091 DELRA Y BEACH April 28, 2004 ~ w.tc.I CIty ~UI'! BY ELECTRONIC MAIL Danielle DeVito-Hurley Gunster, Yoakley & Stewart, P.A. 500 East Broward Blvd., Suite 1400 Fort Lauderdale, FL 33394-3076 Re: Media Entertainment Products and City of Delray Beach Contract for Conveyance of Land (Approximately 9,000 Square feet at the S.E. Corner of the Tennis Center Land Bordered on the East by Northwest First Avenue on the South bv West Atlantic Avenue Dear Danielle: I have reviewed the contract for conveyance and have drafted a summary of my review for you as well as for the persons copied below. Please contact me if you have any questions. Please share this with John Sasson who called and wanted to make sure he was informed as to the review. Sincerely, E CITY ATT Y BEACH, FL By: SAR:smk Attachment cc: City Commission David T. Harden, City Manager Joseph Safford, Finance Director Paul Dorling, Planning and Zoning Director Randy Welker . . , . 4/28/04 SUMMARY OF CONVEYANCE AGREEMENT AND COMMENTS 1. 1.2 - "Closing Date". Closing is set for ten business days after Buyer's condition precedents to closing are satisfied. [The contract should include a "not to exceed" closing date.] 2. 1.5 - "Property". Approximately 9,000 sq. ft. located at SW. corner of N.W. 1st Avenue and Atlantic Avenue. Buyer has changed the contract to provide that Buyer will pay for survey to obtain correct legal description. 3. 2. - "Conveyance of Property; Consideration". Exhibit B contains the Buyer's services and a value thereof. In Paragraph 1.(a) of Exhibit B, the Buyer has guaranteed certain distribution and has mentioned certain time slots. [I would recommend that the words, "generally agreed" be omitted.] Paragraph 2 of Exhibit B requires visuals of the City in the five seconds or ten percent (10%) of the opening credits, whatever is greater, a thank you in two sentences across the full screen for two seconds and a visual of City flag or seal. The City will be cited in the dateline of press releases indicating the reasons the producers chose the City. [Perhaps an independent television consultant could validate the value of the services. The changes to Exhibit B should be reviewed by the Commission. They are set forth in pages 24 through 27 of the Contract.] 4. 3.1 - "Intended Use". The agreement provides for condominiumization of all or a portion of the improvements. [Condominiums may negatively impact repurchase rights]. Also, the contract provides construction will commence in 12 months of closing. [Paragraph 13.1 says construction will commence 24 months after closing and will be complete 36 months after closing.] The Buyer represents that the building will be designed by Michael Graves and Associates and constructed substantially in accordance with the Michael Graves Architecture Plans as such plans are approved by the City. [I would recommend that the warranty as to the Michael Graves design and building be made to survive closing and also to reserve unto the City the right to approve in its sole discretion the design based on the aesthetics independent of normal City processes either prior to closing or immediately after closing prior to construction and if not approved, the land reverts to the City.] 1 \ . 4/28/04 5. 3.2 - "Development Approvals". Buyer to use reasonable efforts to secure approvals and to obtain building permits. The contract also contains a statement that development approvals will not be deemed issued until Buyer prevails in litigation including appeals. [I would recommend that there be an outside date inserted for securing the approvals. Further, I would recommend striking the sentence dealing with prevailing in litigation as contained in the last sentence. Instead, I would suggest the following language: "The effect of litigation on development approvals shall be as set forth in L.D.R. Section 2.4.4(F)(4)."] 6. 3.3 - "Seller's Cooperation". [This entire paragraph should be stricken. Instead, I would suggest the following: "The Seller agrees to join in and sign applications that are required to be submitted as may be needed; provided, however, by signing such applications or entering into this agreement, it is understood by both parties that the City, as Seller, cannot and does not warrant that any approvals will be granted."] 7. 3.6 - "Ownership of Approvals". [I would add, "Buyer is responsible to secure all approvals at their own expense".] 8. 3.7 - "Termination for Failure to Obtain the Development Approvals". The Buyer has the right to terminate if approvals are not granted. [I would suggest the Seller and the Buyer have the right to terminate in that event without further penalty. Since obtaining the development approvals are a condition precedent to closing, I would suggest the last clause "except for those matters which survive the termination of this agreement" be omitted.] 9. 4.1.1 - "Title Commitment". [I recommend that the title work be obtained immediately or within a short period of time after the legal description is obtained from the survey. The history of this property warrants an early check of previous deeds and quiet title actions to make sure there are no impediments to using the lands for a non municipal purpose. There are no known issues in this regard at this time, however, I would suggest that the title work be completed within 15 business days after receipt of the survey in Paragraph 4.3.] 10. 4.1.2 - [I would eliminate the words "except for those matters that survive the termination of this agreement" in the second to last sentence.] 2 , .' . 4/28/04 11. 4.3 - "Boundary Survey". Buyer will pay for the boundary survey and updated survey. 12. 5.1.1 - "Buyer's Cost". All inspections will be at Buyer's costs. 13. 5.1.2 - "Insurance". Buyer will obtain insurance naming the City as an additional insured. [I would suggest that the sentence include a statement indicating securing insurance will be at the Buyer's sole expense. Also, 1 would recommend that the Buyer be subject to the requirement that it provide all insurance, whatever type, or in whatever amount that the Risk Manager of the City deems advisable.] 14. 5.3 - "Offsite Parking Arrangements". The Buyer shall secure parking agreements within the inspection period (60 days), and use reasonable efforts to obtain parking agreements. [I would add language that states that, "The cost of obtaining the parking shall be at the sole cost of Buyer" .] 15. 5.4 - "Appraisal". City will now pay for appraisals of the property. [I would suggest, as previously mentioned, that additional language be added allowing the City to use a television consultant to value the services provided in Exhibit B with the cost of the appraisal of the services to be reimbursed by Buyer.] 16. 6. - "Acknowledgements, Representations, Warranties and Covenants of Seller". [Paragraph 6.1 should be stricken in its entirety, along with 6.6. The words, "to the best of the City's knowledge and belief' should be inserted in front of 6.3, 6.4 and 6.5.] 17. 7. - "Buyer's Conditions Precedent to Close". [I would recommend that additional language be added to 7.3 as follows: "The City does not warrant that approvals will be granted." There also should be an outside time limit to secure the parking agreements that can be extended by mutual agreement of the parties. I also would add language to state, "Notwithstanding anything contained herein, all parking agreements must meet the requirements of the City's Land Development Regulations, Section 4.6.9(E)(4)(5)".] [I would also add that the posting of the Letter of Credit in a form acceptable to the City be included as a condition precedent of Buyer to closing. I would also put in language that in the alternative, the posting of a cash bond with the City in a form as may be acceptable to the City, be included as a condition precedent.] 3 . . .' . 4/28/04 18. 13.1. - "Rights of Repurchase". The City's rights to repurchase is effective if commencement of construction does not occur 24 months from closing date or completion does not occur within 36 months of closing. [In Paragraph 3.1, it states Buyer will commence construction within 12 months of closing date. I would suggest both sections require commencement within 12 months of closing and require that completion occur 24 months from closing.] 19. 13.3 - "Repurchase Price". The language states that the repurchase price will either be the hard and soft costs paid as part of the Buyer's expense, or the outstanding mortgages on the property, whichever is higher. [The soft costs should be eliminated and the hard costs should be those costs paid to unrelated third parties. The better course would be to delete 13.13.1 in its entirety and for the City to pay mortgages for hard costs incurred as a result of dealing with unrelated third parties only. Further, the City should have thirty business days, not five, to give notice of the right to repurchase.] 20. 13.5 _ "Closing". The agreement calls for a closing on the City's right of repurchase within 30 days of the election to repurchase. [A longer period of time is needed.] 21. 13.6 - "Title Insurance". [On the repurchase, the City cannot pay documentary stamps taxes by law.] 22. 13.7 - "Institutional Mortgagee". The agreement provides that a mortgagee has superior rights to the City and may elect to take over the project. The City's rights are subordinate to the mortgage except that the City has the right to repurchase ahead of the mortgagee if it pays a "release" price as may be agreed to by the Buyer and mortgagee in a deed of trust. [The release price should be fixed as the mortgage on the hard costs. The better protection is to have the City have a first mortgage on the property.] 23. 14.2 - "Buyer's Post-Closing Default". If Buyer fails to provide the services in Exhibit B and the default remains uncured for a ninety day period, then the City may receive the fair market value of the property at the time of the default less the cost of the improvements constructed thereon. To determine the fair market, each party will select an appraiser and the two appraisers will select an appraiser who will determine which of the previous appraisals will be binding on the parties. The Buyer will thereafter 4 . '"," . 4/28/04 pay to Seller within ten business days the fair market value of the land which will not include the value of a proposed improvement constructed by Buyer. [This is a cumbersome process.] 24. 14.2.2 - If Buyer fails to timely commence or complete construction, the City may repurchase the property under the terms set forth above or receive the fair market value of the property (less improvements). [These items are described above.] 25. 14.2.3 - "Letter of Credit". A letter of credit is to be provided at closing. [I would suggest that the Letter of Credit be provided prior to closing to insure the form is acceptable. The letter of credit can be held In escrow if the form Is acceptable until closing. Further, the contract should allow the posting of a cash bond. See above.] 26. 14.2.5 - "Arbitration". The agreement calls for arbitration. [I would recommend Paragraph 14.2.5 be stricken. It is not in the City's best interest to allow arbitration. The contract requires the City to arbitrate before electing to repurchase. It lets the arbitrator determine the materiality of a default and that ruling is not appealable which is a condition detrimental to the City.] 27. Guarantee. The Guarantee needs to be clarified. [The Guarantor should guarantee to the Seller (City) the obligations of the Buyer and the agreement. Please clarify the rest of the language. We also will need a corporate resolution as to the Guarantee.] 28. Exhibit C - Restrictive Covenant. [Additional language should be added that nothing contained herein abrogates any rights of the City under its police powers which remain in full force with no limits except as required by law.] 29. Final Comment. [(1) It Is unclear how the City can repurchase If parts of the project are condominimized. (2) The better protection for the City is to have a superior mortgage for the value of the land which can be foreclosed upon by the City.] SAR:smk 5 . , . - . CONVEYANCE AGREEMENT This CONVEYANCE AGREEMENT is made and entered into this day of Marefl , 2004, by and between MEDIA ENTERTAINMENT PRODUCTIONS (USA), INC., a Florida corporation ("Buver"), and CITY OF DELRAY BEACH, a Florida municipal corporation ("SeHer" or "City"). WIT N E SSE T H: WHEREAS, SeHer has agreed to seH and convey to Buyer, and Buyer has agreed to purchase and acquire from SeHer, on the terms, covenants and conditions hereinafter set forth, the Property, as hereinafter defined. NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein, the sum ofTEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, SeHer and Buyer agree as foHows: 1. DEFINITIONS. The foHowing terms as used herein shaH have the foHowing meanings: 1.1 "Al!1'eement" - this instrument, together with aH exhibits, addenda and amendments hereto. 1.2 "Closing Date" - No later than ten (10) business days after aH of Buyer's Conditions Precedent to Closing have been satisfied or otherwise waived by Buyer as set forth in Section 7 hereof. 1.3 "Effective Date" - the date upon which this Agreement is last executed by SeHer and Buyer. 1.4 "Insoection Period" - that certain period of time commencing on the Effective Date and terminating at 5:00 p.m. eastern standard time on the sixtieth (60) day after the Effective Date. 1.5 "Prooerty" - that certain real property located in Palm Beach County, Florida to be transferred and conveyed by SeHer to Buyer under this Agreement, as generaHy described in Exhibit "A" attached hereto and incorporated herein by reference, together with aH development entitlements and rights applicable thereto, and aH appurtenances, rights, easements, rights-of-way, tenements and hereditaments incident thereto. Buyer and Seller agree that, upon issuance of a mutuaHy acceptable Survey in accordance with Section 4.3 hereof, the legal description of the Property set forth on such Survey shaH be substituted as Exhibit "A" attached hereto. 2. CONVEYANCE OF PROPERTY: CONSIDERATION. In consideration for Buyer's providing to SeHer those certain services from and after Closing more particularly described on Exhibit "B" attached hereto and incorporated herein (the "Buver's Services"), SeHer hereby agrees to seH and convey to Buyer and Buyer hereby agrees to purchase from SeHer, on the terms, covenants and conditions hereinafter set forth, the Property. Buyer's obligation to provide the Buyer's Services to SeHer shall survive Closing. Draft Daled 3/312004 FTL ~252247 9 , . 3. APPROVAL FOR BUYER'S INTENDED USE. 3.1 Intended Use. Buyer proposes to commence construction within twelve (12) months after the Closing Date, as evidenced by poured footers and slabs, of an office building (which shall not exceed four (4) stories in height), which shall contain retail, restaurant and/or office uses on the first floor, together with all amenities and facilities in connection with the operation and maintenance thereof (collectively, the "Proposed Improvements" or the "Intended Use"). All or any portion(s) of the Proposed Improvements may, at Buyer's discretion, be conveyed by Buyer as separate condominium parcel(s), which senarate condominium narcels shall be conveved subject to the Restrictive Covenants (as defined herein). Buver renresents and warrants to Seller that the Pronosed Imnrovements shall be desil!11ed bv Michael Graves and Associates (such desil!11 nlans shall be referred to herein as the "Michael Graves Architectural Plans") and that the Pronosed ImProvements shall be constructed substantiallv in accordance with the Michael Graves Architectural Plans. as such nlans are annroved bv the City. 3.2 Develonment Annrovals. From and after the Effective Date, Seller aud Buyer agree~ to use reasonable, good-faith efforts in order to obtain the "Development Approvals" (as defined herein) for the Proposed Improvements. For purposes hereof, the term "Development Approvals" shall be deemed to mean all governmental approvals, permits and licenses required in order for Buyer to construct the Proposed Improvements on the Property, e)[cept fer buildiug I"ermit(s) for the Proposed Iml"ro'/emeRts, all on terms and conditions acceptable to Buyer. The Development Approvals shall be deemed to include, without limitation, as applicable: (i) amendment(s) to the City of Delray Beach's comprehensive plan; (ii) development order amendment(s) and amendment(s) of the land use designation, (iii) special exception(s) and variances, if necessary, (iv) plat/replat, (v) rezoning and any other approvals necessary to permit the Proposed Improvements (i.e., office and retail use) as an allowable use for the Property, (vi) South Florida Water Management District and US Army Corps of Engineers permits, aftEI.-(vii) site plan approval. and (viii) issuance of buildinll nermits. The Development Approvals shall not be deemed to have been issued unless and until Buyer prevails in any actions or proceedings that may be commenced with respect to the Development Approvals and all appellate proceedings and appeal periods have been exhausted and/or have expired. 3.3 Seller's Cooperation. From and after the Effective Date, Seller agrees te I"ro&ll"tly apllly fer and diligeutly Ilroeess as eJ(peditieusly as possiBle, at Seller's e)[llense, those eertain Development .'\ppro'/als set fortl1 in sBBsections (i) througli (vi) of Section 3.2 aBove. Notwithstandiug aH)'thiHg contaiued herein to the ceHtrary, Hothing hereiu shall be deemed to limit or preveut Buyer freIR also lIsiug reasoHable, good faith effelis, in eool"eration .""ith Seller, te also obtaiu .;uch Developmeut .'\pprovals. Seller shall provide to Buyer 'Mitten uotice of aud the OllflOrtuuity for Buyer to atteud auy meetiugs and/or telephone calls with any ge\'emH1eHtal or quasi go'/emmental authority with respect to the Develepment i\Pllrovals for tHe Propeliy and the opportBnity to review aHd approve iF! a tilRely fashioll, statr reports, ordinafwes, resolution:,;. conditieBs of aflflroval, develofllRent orders and other documellts tIled by the Seller in associatioH witA the Dc', elopment Apllronls. furtI1en-llore, Seller shall join ill aHd cOlIsent. in its canacity as owner of the Pronertv and not in its llovernmental canacitv allrees to reasonably coonerate with Buyer in obtaininll the Deye]onment AnProvals. includinll. without limitation. ioininll in and consentinll (solely as the owner of the Pronertv and not in its llovernmental canacitv) to any applications submitted by Buyer to any governmental agencies and shall execute any and all documents (solely as the owner of the Pronertv) reasonably necessary for Buyer to obtain FTL ~-<S111,z..2 ~ approval. Buver acknowled!!es and al!rees that the Develonment Annrovals shall he subiect at all times to the review and annroval of the City. in its !!ovemmental canacitv as and when annlicable to anv other develoner of nronertv located within the City of Delrav Beach. Florida. 3.4 Seller's Disclaimer. Notwithstanding anything contained to the contrary in this Agreement, the parties recognize and agree that certain provisions of this Agreement may require the City and/or its boards, departments or agencies, acting in their governmental capacity, to consider certain changes in applicable City codes, ordinances, plans or regulations, as well as to consider other governmental actions. All such considerations and actions shall be undertaken in accordance with established requirements of state statute and City ordinances, in the exercise of the City's jurisdiction under the police power. Nothing in this Agreement is intended to limit or restrict the powers and responsibilities of the City in acting in its !!ovemmental canacitv on applications for Development Approvals which may be required in connection with the Proposed Improvements by virtue of the fact that the City may have consented to such applications as a property owner hereunder. The parties further recognize and agree that these proceedings shall be conducted openly, fully, freely and fairly in full accordance with law and with both procedural and substantive due process to be accorded the applicant and any member of the public. Nothing contained in this Agreement shall entitle Buyer to compel the City to take any such actions, save and except the consents to the filing of such applications for Development Approvals, as owner of the Pronertv as more fully set forth herein, and te Jlroeess sueh aJlJllieatiens in aB ellJleditieus fashiel1. 3.5 Fees and Costs for ADnrovals. All fees, costs and expenses incurred in connection with obtaining the those certain Development Approvals set forth in subsections (i) through (>riviii) of Section 3.2 above shall be the obligation of Seller. ,\11 fees, eosts and e)[penses ineurred iB eOl1neetien with obtaining the site plan appnwal and the isstlanee of the applieable building pennit(s) for the Prop0sed Iffipreyements shall be the obligatien of Buyer. 3.6 OwnershiD of AnDrovals. Buyer and Seller agree that all materials received pursuant to this Agreement and in conjunction with Buyer obtaining the Development Approvals for Buyer's Intended Use of the Property shall be the sole property of Buyer. On the Closing Date, Seller shall assign to ~uyer all of Seller's right, title and interest, if any, in and to any Development Approvals obtained by or on behalf of Buyer. 3.7 Termination for Failure to Obtain the DeveloDment Annrovals. Notwithstanding anything contained herein to the contrary, in the event that the Development Approvals are not issued within eight (8) '1leeks from the Effective Date hereof, then Buyer shall have the right, in its sole and absolute discretion, to terminate this Agreement by written notice to Seller (which date may be extended by Buyer at its option), in which event this Agreement shall be cancelled, and neither party shall have any further obligations to each other with respect to the matters contained in this Agreement, except for those matters which survive the termination of this Agreement. 4. TITLE AND SURVEY. 4.1 Title Commitment. FTL ~-252247 .2 l - , . 4.1.1 Not later than the expiration of the Inspection Period, Buyer wiIl obtain, at Buyer's expense, a title insurance commitment (the "Commitment") issued by a title insurance company authorized to transact business in the State of Florida (the "Title Insurer"), naming Buyer as the proposed insured and committing to insure for the amount of the Initial Appraised Property Value (as defined herein) Buyer's fee simple title to the Property, and stating all exceptions and conditions to such title, including, without limitation, all easements, restrictions, covenants, reservations, and other encumbrances affecting title. It is a condition of Buyer=s obligation to close that title to the Property is marketable and insurable subject only to: (i) real property taxes and assessments for the year in which the Closing occurs, which shaIl be prorated as provided for herein, and for subsequent years, and (ii) those other items which are not objected to by Buyer in an Objection Notice pursuant to this Section 4 (coIlectively, the "Permitted Exceotions"). 4.1.2 If Buyer determines that any matter adversely impacts Buyer's Intended Use of the Property, Buyer wiIl notify SeIler in writing on or before the expiration of the Inspection Period of Buyer's objections (the "Objection Notice"). If Buyer timely delivers the Objection Notice to SeIler, SeIler wiIl use reasonable good faith efforts to cure the title matters described in the Objection Notice within thirty (30) days after receipt of such Objection Notice (provided, however, that Buyer shaIl have the right, from time to time, in its sole discretion, to extend such 30-day time frame by providing written notice thereof to SeIler, during which time SeIler shaIl continue to use reasonable, good-faith efforts to cure the same). In the event that SeIler, using reasonable good faith efforts, is unable to cure the title matters described in the Objection Notice (orovided that in no event shall Seller be oblil1"ated to exnend anv monev in connection therewith), then Buyer shall have the option of either (x) proceeding to Closing and accepting title to the Property "as is~, or (y) terminating this Agreement by written notice to SeIler, in which event this Agreement shall be canceIled, and neither party shaIl have any further obligations to each other with respect to the matters contained in this Agreement, except for those matters which survive the termination of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, SeIler shaIl be obligated to discharge, either at or before Closing, all mortgages, construction liens, liens which are evidenced by an instrument executed by Seller, other liquidated liens and judgments, and past due taxes. 4.2 Undated Title Commitment. 4.2.1 On or before the Closing, Buyer wiIl obtain an endorsement bringing the effective date of the Commitment forward to a date within thirty (30) days of the Closing Date (the "Uodated Commitment"). If the Updated Commitment discloses any matters that are not Permitted Exceptions ("Additional Title Defects"), then Buyer shaIl have the right to object to such Additional Title Defects by providing written notice of same to Seller, within the earlier of (i) five (5) days after receipt of such Updated Commitment or (ii) the Closing Date. If Buyer timely delivers notice of such Additional Title Defects to SeIler, Seller wiIl use reasonable good faith efforts to cure such Additional Title Defects prior to Closing; provided, however, that: (i) Seller shaIl have the right to extend the Closing for a period not longer than fifteen (15) days in order to cure such Additional Title Defects; and (ii) notwithstanding anything contained herein to the contrary, Seller shall have the absolute duty to cure Additional Title Defects caused by SeIler [i.e., executed by Seller or authorized in writing by Seller] after the Inspection Period and prior to Closing. FTL ~-252247 9 ~ 4.2.2 In the event that Seller, using reasonable good faith efforts, is unable to timely cure such Additional Title Defects (other than those caused by Seller), then Buyer shall have the option of either (x) proceeding to Closing and accepting title to the Property "as is, or (y) terminating this Agreement by written notice to Seller, in which event this Agreement shall be cancelled, and neither party shall have any further obligations to each other with respect to the matters contained in this Agreement, except for those matters which survive the termination of this Agreement. 4.3 Boundarv Survev. Within thirty (30) days from the Effective Date, SeJ.Ief~ shall eeliver toobtain at Buyer's exnense. a current boundary survey of the Property (the "Survey") prepared by a Florida licensed surveyor in accordance with the minimum technical standards for surveys under Florida law, certified to Seller, Buyer and the Title Insurer (and the agent issuing the Commitment), showing the legal description for the Property and specifying the ground surface area thereof. TI,e cast of the Survey shall be sharee equally by .Buyer aRe Seller. Buyer will have until the expiration of the Inspection Period to review the Survey and to deliver in the Objection Notice its objections to any matters that adversely impact Buyer's use of the Property disclosed by such Survey. If Buyer has any objections to matters shown on, or omitted from, the Survey, then such objections, ifany, shall be made in the same manner and subject to the same conditions and review periods as objections to the Commitment as provided in Section 4.1 above. 4.4 Updated Survev. Not later than the Closing Date, Buyer, at Buyer's expense, may obtain an updated boundary survey meeting the requirements of the Survey (the "Updated Survey"). If the Updated Survey discloses any matters not shown on the Survey that are not Permitted Exceptions, then Buyer may object to such additional matters in the same manner, and subject to the same conditions and review periods, as objections to the Additional Title Defects as provided in Section 4.1 above. 5. INSPECTION PERIOD. 5.! Inspections. During the Inspection Period, Buyer and its engineers, surveyors, agents and representatives shall, subject to the terms and conditions hereof, have access to the Property, for the purposes of conducting surveys, tests, environmental audits, analyses, inspections and such other tests in connection with of the Property (collectively the "Inspections") which Buyer deems desirable, provided, however, that no Inspection shall result in the imposition of a lien or other encumbrance on the Property or any part thereof. Buyer covenants and agrees to indemnify and hold harmless Seller from any and all liability, costs, claims, demands, damages, actions, causes of action and suits arising out of the exercise by Buyer of Buyer's rights under this paragraph. Buyer shall return the Property to the same condition it was in prior to conducting any Inspections, and this obligation shall survive the termination of this Agreement. Any such Inspections shall be subject to the following terms and conditions: 5.1.1 Buyer's Cost. All Inspections shall be at Buyer's sole cost and expense. 5.1.2 Insurance. Prior to any such Inspections of the physical condition of the Property, Buyer shall obtain or cause to be obtained and provide or cause to be provided to Seller evidence of comprehensive general liability insurance coverage in an amount not less than $1,000,000 naming Seller as an additional insured. FTL =+M-2522419 ~ 6.2 That Seller is a municipal corporation duly fonned and validly existing under the laws of the State of Florida; and all documents, including this Agreement, executed or to be executed by Seller which are to be delivered to Buyer at closing have been or will be duly authorized, executed, and delivered by Seller and are or will be legal, valid, and binding obligations of Seller sufficient to convey title (if they purport to do so), and do not, or will not violate any judgment, order, writ, decree or injunction or provisions of any agreement to which the Seller is a party or to which it is subject; and that Seller has full right, power and authority, without the necessity, consent or approval of any other person or entity to enter into this Agreement and to transfer the Property to Buyer pursuant to the tenns of this Agreement. 6.3 No action, suit, investigation or other proceeding is pending or, to Seller's knowledge, has been threatened, that concerns or involves the Property or Seller's interest in the Property. 6.4 There currently exist no violations of any applicable federal, state or local law, ordinance, regulation, order, rule or requirement affecting the Property. 6.5 There are no pending, threatened, or, to Seller's knowledge, contemplated, condemnation proceedings affecting the Property. 6.6 There are no hazardous substances in, on, under or about the Property in violation of any environmental law applicable to the Property, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar federal, state or local statutes, and any regulations promulgated thereunder, and (ii) any other federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind. For the purposes of this Agreement, the tenn "hazardous substances" shall have the meaning given to such tenn or similar tenns under any applicable federal, state or local laws, rules or regulations. 7. BUYER'S CONDITIONS PRECEDENT TO CLOSE. In addition to any other conditions set forth in this Agreement, Buyer's obligation to consummate the purchase of the Property is expressly contingent upon the following provisions (any of which may be waived by written notice from Buyer to Seller): 7.1 All of the representations and warranties of Seller contained in this Agreement shall continue to be true as of the Closing Date and said representations and warranties shall be deemed to be restated and affinned by Seller as of the Closing Date, as if first made on the Closing Date, without the necessity of Seller's execution of any document with regard thereto. All of Seller's representations and warranties contained in this Agreement shall survive Closing. 7.2 From and after the Effective Date of this Agreement, Seller shall have taken no action which would impair or otherwise affect the Property or title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of Buyer. 7.3 All of the Development Approvals necessary to develop the Property for Buyer's Intended Use shall have been issued (ether thaA the lmildiAg ]3ermit(s) for the Proflesed Im]3reVemeAts. .....hieh may be obtained by Buyer after ClosiAg). FTL ~-ill241..2 1 7.4 All Parking Agreement(s) necessary to satisfY the applicable parking requirements for the Proposed Improvements have been executed by Buyer and the applicable providers of such off-site parking, in form and substance acceptable to Buyer in its sole discretion. 7.5 To the extent required by any applicable law, rule, regulation or other restriction governing the Property ("Applicable Laws"), the Property shall be legally separated into a separate legal parcel in order for Buyer to own, operate and reconvey, subject to the Restrictive Covenants (as defined herein) the Property after Closing in compliance with Applicable Laws. 7.6 In the event that any of Buyer's Conditions Precedent to Closing should not be satisfied by the Closing Date, Buyer shall promptly notifY Seller of any such unsatisfied condition and Buyer may (i) extend the Closing Date for a reasonable time thereafter to attempt to have said condition(s) satisfied or (ii) Buyer may, at its option: (a) terminate this Agreement at any time prior to closing by giving written notice thereof to Seller, or (b) solelv in connection with Section 7.1 and Section 7.2 ahove waive such condition proeeeElorecedent and proceed to close on this Agreement with said condition(s) precedent unsatisfied. 8. CLOSING. The parties agree that the closing on the Property (the "Closing") shall be consummated as follows: 8.1 "Place of Closing" - the Closing shall be held at the offices of Seller's attorney, unless otherwise agreed to by the parties. 8.2 "Closing Date" - the Closing Date is as specified in Section 1.3 hereof. 8.3 "Seller's Closing Documents" - at Closing, Seller shall deliver or cause to be delivered to Buyer, the following documents, each fully executed and acknowledged as required: 8.3.1 "Special Warranty Deed" - a Special Warranty Deed conveying fee simple title to the Real Property (the "Deed"), subject only to the Permitted Exceptions and the Declaration of Restrictive Covenants and Conditions which are attached hereto as Exhibit "C" and which shall be attached as an exhibit to the Deed upon recording thereof (the "Restrictive Covenants"). 8.3.2 "Affidavit of Seller" - an Affidavit in the form to be delivered by Buyer, and sufficient to permit a title insurer to delete the "Mechanics' Lien" exception and "Parties in Possession" exception from the title insurance policy, and stating that the Property is free and clear of all liens, encumbrances, leases, licenses, contracts or claims of rights, which claims may serve as the basis of a lien or charge against the Property, whether due to services, material or labor supplied for the benefit of or delivered to the Property, or otherwise; that there are no parties in possession; and that there are no judgments or other liens outstanding against the Property, except as set forth in the Permitted Exceptions. 8.3.3 "Assignment of Rights" - an assignment by Seller, in the form to be delivered by Buyer, whereby Seller shall assign all of its right, title and interest in all developments or other rights relating to the Property (which Buyer elects to assume at closing and which are transferable). 8.3.4 "FIRPTA" - a non-foreign certificate in form to be provided by Seller. FTL ~-2ll242.2 ~ 8.4 "Possession" - at Closing, Seller shall deliver full, complete and exclusive possession of the Property to the Buyer subject only to the Permitted Exceptions and the Restrictive Covenant. 9. EXPENSES. 9.1 Buyer shall pay the following expenses at Closing: 9.1.1 All costs and premiums for an owner's and mortgagee's title insurance commitment and title insurance policy and all endorsements thereto. 9.1.2 The cost of recording the deed in connection with the conveyance. 9.1.3 All costs for the Inspections of the Property. 9.1.4 fifty pereeRt (50%) oftkeIhl: cost oftke preparatioR of the Survey. 9.1.5 fifty J3ereoRt (50%) oftlioIhl: cost of the appraisal. 9.2 Seller sliall J3ay tke f{)llowiRg eJ[peRSeS at Closing: 916 9.2.1 f.ll~ documentary stamp taxes that mav be due. if aoolicable. in connection with the deed of conveyance of the ReaJ-Property, ""Aiek sliall be based tlj30H tAe f.j3praised Property Value. 9.2.2 ,".ll easts Heeessary to etlre aHY title eefeets ar eHeuRlbraRces, otlier thaR ["Ratters eeserilJee iR tAe Permittee EKeoj3tioRs. 9.2.3 fifty pereoRt (50~(,) afthe east aftlie j3reparatiaR aftlie Stlr'iey. 9.2.1 Fifty floreeRt (50~/v) oftAe eost aftlie appraisal. 22 'kl-The Seller and Buyer shall each pay their own attorney's fees in connection with the negotiation and execution of this Agreement and the Closing of the transaction contemplated by this Agreement. 10. PRORA nONS AND CREDITS 10.1 Real and personal property taxes (if any) and assessments shall be prorated for the tax fiscal year in which the Closing Date occurs on the basis of the then most current assessed value and tax rate available with respect to the Property and said fiscal year, Seller being charged with said proration through the date prior to the Closing Date and Buyer with the Closing Date and thereafter. Such proration shall be recalculated upon the issuance of final bills for such taxes and any amount due from one party by reason of such recalculation to the other shall be paid in cash at that time. Seller shall pay and discharge on or before the Closing Date any assessment of any public taxing authority which affects or is a lien upon the Property or any part thereof. Notwithstanding the foregoing, if the only tax bill available for the Property includes real property which is not a part of the Property, then taxes will be prorated based on the number of gross square feet of the Property's area compared with the total gross square feet of all land included in fTL2S121?5 ~ 2 .....-- . the tax bill and the amount prorated for the remainder of the applicable tax year shall be paid by Buyer to Seller at Closing. After the Closing, if a separate tax bill is ultimately issued for the tax year in which the Closing occurs, then, upon request from Buyer, Seller shall remit to Buyer Seller's prorata portion of the taxes due for the period through the date prior to the Closing Date, plus the amount paid by Buyer to Seller at Closing as provided for in the immediately preceding sentence. The provisions of this Section shall survive Closing. 10.2 Insurance. There shall be no prorations for insurance premiums, it being the intention that Seller shall cancel all insurance coverage for the Property as of 3 :00 P.M. on the Closing Date. Buyer shall be responsible to procure its own insurance coverage for the Property thereafter. II. BROKER. Neither Buyer nor Seller has dealt with any real estate agent, broker or finder in connection with the transaction contemplated by this Agreement. Each party hereby agrees to indemnify (to the extent permitted by Florida law as provided in 9 768.28 Florida Statutes), defend and save the other harmless from the claims and demands of any real estate agent, broker or finder claiming to have dealt with the indemnifying party in connection herewith. Each indemnity shall include all costs and expenses incurred by the indemnified party in enforcing this indemnity, including without limitation, all attorney's fees and other professional charges. The covenants contained in this Section shall survive the Closing of the transaction contemplated by this Agreement, or any termination of this Agreement. 12. RISK OF LOSS. Seller will have the risk of loss to the Property before the Closing, whether due to governmental condemnation or casualty loss. If such event occurs or is threatened, Seller will notify Buyer promptly, and Buyer may within ten (10) days after such notice elect to terminate this Agreement. 13. RIGHTS OF REPURCHASE. 13.1 For a period of thirty-six (36) months from the Closing Date, Seller shall have the right to elect to repurchase the Property if (i) commencement of construction of the Proposed Improvements does not occur on or before twenty four (24) months from the Closing Date, or (ii) completion of construction does not occur on or before thirty-six (36) months from the Closing Date. Commencement of construction shall be defined as the pouring of the building slab and/or footers. Completion of construction shall be defined as the issuance of a permanent certificate of occupancy for the Proposed Improvements or the opening of the Proposed Improvements for business. The right of repurchase shall be exercised in accordance with the following provisions: 13.2 Election Notice. Seller may elect to exercise its rights of repurchase by giving written notice thereof ("Election Notice") to Buyer. The Election Notice shall also be given by Seller to any Institutional Mortgagee, as defined below, holding a mortgage on the Property if said mortgagee has theretofore provided Seller with notice (in the manner provided herein) of its name and address along with a copy of the mortgage it holds. 13.3 Reourchase Price. The repurchase price ("Repurchase Price") to be paid by Seller for the Property shall be equal to the higher of: 13.3.! Buyer's actual out-of-pocket costs incurred in connection with improving the Property, including without limitation, hard and "soft" development, construction, FTL =+M-2illfl.2 l.Q I .------- architectural, engineering, planning and other costs (excluding interest 011 loans), less the balance of any mortgages and liens paid or assumed by Seller in connection with such repurchase; or 13.3.2 the cost of releasing the Property from any construction and acquisition mortgages or deeds of trust held by Institutional Mortgagees (which costs shall be paid directly to such Institutional Mortgagees), and Buyer shall be responsible for satisfying and releasing all other liens and encumbrances. In the case of Seller's election to exercise its repurchase rights as a result of the occurrence of the events in (i) or (ii) of Section 13.1 above, then following the determination of the Repurchase Price of the Property, the Seller may elect not to repurchase the Property by giving to Buyer written notice within five (5) business days of the determination of the Repurchase Price, whereupon Seller shall be deemed to have forever waived its repurchase rights hereunder, but such waiver shall not waive any remedy which may be available to the Seller under this Agreement, at law or in equity for breach of this Agreement by Buyer. 13.4 Indemnitv. Buyer agrees to indemnify and hold harmless Seller from and against any and all claims, damages, expenses (including reasonable attorney's fees and court costs) and liabilities of any nature whatsoever asserted against or incurred by Seller in connection with any mortgages, mechanic's liens, judgment liens and other matters pertaining to the Property arising on or after the Closing Date not satisfied and released by Buyer or otherwise assumed by Seller or otherwise satisfied and released by Seller and taken into the calculation of the Repurchase Price under Section 13.3 above. 13.5 Closinl!. Closing on repurchase of the Property shall occur at the office of Seller or such other place in the County as Seller may designate. The date and time for closing on the repurchase shall be specified by Seller in the Election Notice and be no sooner than ten (10) days thereafter and no later than thirty (30) days after the Election Notice is given. 13.6 Title Insurance. At closing on the repurchase, Buyer shall deliver to Seller a marked-up title commitment committing the title company to issue an owner's title insurance policy (ALTA Form B) issued by a duly licensed title insurer insuring title to the Property (and any improvements located thereon) in Seller subject to only the Permitted Exceptions. Costs of clearing title, and all other costs incurred incidental to reconveyance of the Property (including, but not by way of limitation, recording fees) shall be paid by Buyer; provided, however, that the costs oftitle insurance and documentary stamp tax shall be paid by Seller. 13.7 Institutional Mortl!al!ee. In the event that Seller elects to exercise its rights to repurchase pursuant to this Section, any Institutional Mortgagee entitled to receive an Election Notice, may, within thirty (30) days of receipt of such notice, elect to assume Buyer's obligations hereunder and promptly cure the default and proceed to complete construction in accordance with the approved plans and specifications whereupon Seller shall be deemed to waive its rights of repurchase as to the specific default, but not as to any future default hereunder. Any such election shall be exercised by such Institutional Mortgagee giving written notice thereof to Seller in the manner required herein whereupon the Institutional Mortgagee shall execute promptly formal assumption documents, in such form and content as Seller may reasonably require. For pwposes of this Agreement, an "Institutional Mortgagee" shall mean only any bank, savings and loan association, credit union, life insurance company or recognized real estate investment trust holding FTL .2$ 121 '7 . j 2S.22i1..2 11 a first mortgage on the Property to secure a loan for the sole purpose of financing acquisition of the Property and/or construction of improvements thereon in accordance with plans and specifications approved by Seller. Seller's right to repurchase pursuant to this Section 13 is subject, subordinate and inferior to all acquisition and construction mortgages or deeds of trust held by Institutional Mortgagees, provided that Seller shall have the right to release the Property being repurchased from such a mortgage or deed of trust by paying to the Institutional Mortgagee the release price for such Property agreed to by Buyer and the Institutional Mortgagee in the mortgage or deed of trust. However, all of Seller's rights to release the Property from a mortgage or deed of trust shall terminate upon the issuance of certificates of occupancy or written approval of final inspection from the applicable government agency, for all Proposed Improvements. 13.8 Memorandum of Agreement. A "Memorandum of Agreement" shall be recorded at Closing to reflect the terms of this Section 13. This Section 13 shall automatically terminate upon the earlier to occur of the following events ("Termination Events"): (i) thirty-six (36) months from the Closing Date; (ii) receipt of a certificate of occupancy or written approval of final inspection from the applicable government agency with respect to the Proposed Improvements; or (iii) the opening of the Proposed Improvements for business, and such termination shall be self-executing and no further documentation shall be required from either party in order to evidence the same; provided, however, notwithstanding the self-executing nature of the foregoing termination upon the occurrence of a Termination Event, Buyer shall have the right to unilaterally execute and record in the Public Records of the County a document terminating the Memorandum of Agreement and releasing same of record. 13.9 Rights and Remedies Cumulative: Survival. The rights, remedies and options granted to Seller pursuant to this Section 13 are in addition to, and not exclusive of, any other rights or remedies to which Seller is entitled hereunder, at law or in equity, or in any other agreement, declaration, covenant or restriction which may be recorded in the public records of the County. The provisions of this Section shall survive Closing and delivery of the deed or conveyance. 13.10 Force Maieure. Notwithstanding anything contained herein to the contrary, in the event commencement of construction or completion of construction, as defined in Section 13.1 above, is delayed or hindered in or prevented as a result of any strike, lock-out, civil commotion, warlike operation, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, inability to obtain any materials or service or through an act of God or any other cause reasonably beyond the control of Buyer (each an "Event of Force Majeure"), then the time for perfonnance for such activities and all corresponding time periods shall be extended on a day- for-day basis for a period equal to the unavoidable delay period caused directly as a result of the Event of Force Majeure. 14. DEF AUL T. 14.1 Buver's Pre-Closim! Default. In the event Buyer shall default in the perfonnance of its obligations under this Agreement prior to Closing, which default remains uncured for a period of thirty (30) days after written notice thereof from Seller to Buyer, Seller's sole and exclusive remedy shall be to terminate this Agreement in full settlement of all claims of Seller FTL .H221:.$ m2.41..2 12 agaiRst BHyer anslAg from or relatea to this l\greementand recover from Buver all of the reasonable actual out-of-nocket exnenses incurred bv Seller in connection with this AlITeement (such as the cost of the Initial Annraisal etc but not includinl! anv administrative or overhead costs of Seller's internal emnloveesl. 14.2 Buver's Post-Closinl! Default. 14.2 I 11.2 BHyer'S Post ClosiRg: DefuHlt. IR the eveRt Hlat BHyer defuults iR the flrovisisR of BHyer's Serviees to Seller atter Closiflg, wliieh default remaiRs liReHred for a ]3erioa of thirty (3Q) days atter ",-TitteR Hotiee thereof II.om Seller to BHyer, Seller's sole aREI eJlellisive remeay sRall Be to reeever Seller's aetHal damages from Buyer, whieh shall iH HO e'/CHt eJleeea the .\I3]3Faisea Pro]3erty Vallie less the valHe of BHyer's Ser/iees wRieh were aetually providea by Buyer to Seller.Failure to Provide Buver's Services In the event that Buver defaults in the nrovision of Buver's Services to Seller after Closinl! which default remains uncured for a neriod of ninety (90) davs after written notice thereof from Seller to Buver then Seller shall be entitled to receive from Buver the fair market value of the Pronertv (the "Fair Market Value") as of the date of such default as determined below (Jess and excent the value of anv Pronosed Imnrovements constructed thereon bv Buverl. The Fair Market Value of the Pronertv shall be established as follows. ~ Seller shall select an annraiser of its choice ("Seller's Annraiser") and l!ive Buver written notice of such annraiser's name. address and telenhone number !hi No later than ten (10) davs followinl! Buver's receint of Seller's notice in Section 14 2.1 above. Buver shall select an individual as an annraiser of its choice ("Buver's Annraiser") and l!ive Seller written notice of such annraiser's name address and telenhone number. W The two (2) annraisers so selected bv Seller and Buver shall then select an individual as a third (3rd) annraiser (the "Third Annraiser") within fifteen (] 5) davs after receint bv Seller ofBuver's notice in Section 14.2.2 above. and furnish Seller and Buver written notice of such Third Annraiser's name. address and telenhone number. !l;U All annraisers selected nursuant to this Section shall be M.A.I. annraisers. unless Seller and Buver otherwise al!fee in writinl!. each havinl! at least ten (] 0) vears exnerience with commercial nronertv in Palm Beach County. Florida. Seller's Annraiser and Buver's Annraiser shall each have five (5) davs after the selection of the Third Annraiser to submit to the Third Annraiser their resnective annraisals for the Fair Market Value of the Pronertv (which shall in no event include the value of anv Pronosed Imnrovements constructed thereon bv Buverl. Each annraisal shall set forth the assumntions made tberein bv the annraiser and all other concessions and relevant market factors in determininl! Fair Market Value of the Pronertv (wbich shall in no event include the value of anv Pronosed Imnrovements constructed thereon bv Buver\. The Third Annraiser shall have ten (10\ davs thereafter to select one annraisal or the other and the selection bv the Third Annraiser shall be final and bindinl! unon the narties L!;J Unon the establishment of the Fair Market Value Buver shall have ten (1m business davs thereafter to nav to Seller the Fair Market Value (which shall in no event include the value of anv Pronosed Imnrovements constructed thereon bv Buver\. FTL~-z.s= 13. ! l4..2..2 Failure to Timelv Commence and/or Comnlete Construction of the Prooosed Imnrovements. In the event that Buver fails to timelv commence and/or comnlete the construction of the Pronosed Imnrovements in accordance with Section 13 hereof (subiect to an Event of Force Maieure in accordance with Section 13 10 hereof). then Seller mav elect to either (i) renurchase the Pronertv in accordance with Section 13 hereof or (ii) receive from Buver the Fair Market Value of the Prooertv (which shall in no event include the value of any Pronosed Imorovements constructed thereon bv Buver) as of the date of such default as determined in accordance with Sections 14.2.](a) throu~h (e\ above. 14..2...3. Letter of Credit. At Closin~. Buver hereby alITees to deliver to Seller an irrevocable and unconditional letter of credit ("Letter of Credit") in favor of Seller in the amount of the Initial Annraised Land Value in favor of Seller which Letter of Credit shall secure the Buver's navment of the Fair Market Value of the Pronertv (which shall in no event include the value of any Pronosed Imnrovements constructed thereon bv Buver) in the event of a oost-Closin~ default of Buver in accordance with Section 14 2.1 or Section 14 2.2 above. The Letter of Credit shall be issued bv a bankin~ institution reasonablv acceotable to Seller and shall be kent in full force and effect bv Buver until: (j) a final certificate of occuoancv is issued for the Prooosed Imorovements. and (ii) Buver has orovided to Seller all of the Buver's Services set forth on Exhibit B. .14..2A Reconvevance to the Seller Notwithstandin~ anvthin~ contained jJerein to the contrarv. in the event of a oost-closin~ default hv Buver. to the extent that Buver has not commenced construction of any Pronosed Imnrovements on the Pronertv or Buver removes any Pronosed Imnrovements from the Prooertv Buver shall be entitled to reconvey the Prooertv to Seller free and clear of anv liens or encumbrances caused bv Buver. at no cost or exnense to Seller and Buver shall be released from any and all further obli~ations or liability hereunder. 142 5 Disnutes Re~ardin~ Buver's Default Notwithstandin~ anvthin~ contained herein to the contrarv in the event of a disnute between Buver and Seller as to whether Buver has defaulted in the nrovision of Buver's Services to Seller set forth on Exhibit B Buver shall have the ri~ht to submit such disnute to arbitration nrior to Seller's exercise of its ri~hts and remedies set forth in Section 14 2 2 or Section 14 2 3 above Such arbitration shall be conducted bv a sole arbitrator or. if the narties are unable to alITee on a sole arbitrator. a nane! of three (3\ arbitrators. Buver shall orovide written notice to Seller of Buver's choice of an arbitrator. Seller shall within fifteen (] 5) days after receint of such notice either annrove such choice or nominate a second arbitrator The two arbitrators shall nominate the third arbitrator within fifteen (IS) davs of the nomination of the second arbitrator The third nartv must be indeoendent of both the narties and the other two arbitrators Each arbitrator shall have at least ten (10) years exnerience in the multi- media oroduction industrv The arbitration nroceedin~s shall be scheduled so that they shall be comnleted within si'lty (60) dayS from their initiation The arbitration nroceedin~ shall be held in Palm Beach County Florida in accordance with the commercial arbitration rules of the American Arbitration Association. The narties may submit written briefs and oresent written evidence. Each nartv may nresent un to three witnesses. Unless both oarties otherwise alITee. no denositions shall be taken The arbitrator or nane! of three arbitrators if annlicable. shall control the schedulin~ to orocess the matter exneditiouslv. but in any event the arbitrator or nane! of three arbitrators. if annlicable. shall rule bv issuin~ a written oninion within five days after the close of FTL ~-2S2247 9 lA the heariOlzs. The Darties acknowledl!e and alITee that the arbitrator. or Danel of three arbitrators if aDnlicable may determine that Buver may cure a "non-material" default (e.lZ.. a failure to nrovide a certain amount of emails etc) bv the navment to the Seller of the monetarY value of the service not Drovided (Drovided that in no event shall such Davrnent exceed the Fair Market Value of the ProDertv) or bv the Drovision Bv Buver to Seller of a comDarnble or eouivalent service. all as determined bv such arbitrator in lieu of Seller's remedy under Section 14.2.2 or Section 142.3 hereof!. The arbitrator's (or Danel of three arbitrators') rulinlZ with reSDect to the Buver's Default shall be fi nal bindinlZ and nonanDealable. and may be entered in any court of comnetent iurisdiction in the United States or its territories. 14.3 Seller's Default. In the event that Seller defaults in the performance of its obligations under this Agreement and such default remains uncured for a period of thirty (30) days after written notice thereof from Buyer to Seller, Buyer shall be entitled to either (i) terminate this Agreement and recover all damages available at law or in equity, or (ii) compel the completion of this transaction by specific performance; provided, however, that in the event that specific performance is unavailable to Buyer, then Buyer shall have the right to seek all remedies available at law or in equity. For purposes hereof, specific performance shall be considered unavailable to Buyer if a court of competent jurisdiction determines conclusively that Buyer is entitled to specific performance on the merits of its claim but said court is unable to enforce specific performance due to reasons beyond the control of the court. NotwithstandinlZ anvthinlZ contained herein to the contrarY. in no event shall the forelZoinlZ be deemed to include indirect conseouential or nunitive damalZes alZainst Seller. 15. NOTICES. All notices, demands, requests and other communications hereunder will be in writing and will be deemed to have been given (i) on the same business day if delivered personally, (ii) three (3) business days following mailing by registered or certified mail, return receipt requested, postage pre-paid, (iii) on the date transmitted if sent by facsimile on a business day with printed confirmation of transmittal (so long as such notice is also sent by another means permitted under this section) or (iv) on the following business day if delivered by Federal Express or other similar reputable national overnight delivery service, to either party at its address set forth below. 15.1 Seller: CITY OF DELRA Y BEACH 200 N.W. 1st Avenue Delray Beach, FL 33437 Phone: (561) 243-7091 Fax: (561) 278-4755 Attn: City Attorney And with a copy to: FTL ~-252247 9 1.5. . 15.2 Buyer: MEDIA ENTERTAINMENT PRODUCTIONS, INC. And with a copy to: Gunster, Yoakley & Stewart, PA Broward Financial Centre, Suite 1400 500 East Broward Boulevard Fort Lauderdale, FL 33394 Attn: Danielle DeVito-Hurley Phone: (954) 462-2000 Fax: (954) 523-1722 or at such other address as the party may specify from time to time by written notice to the other party. Seller's and Buyer's attorneys are hereby authorized to send and receive notices hereunder on behalf of their respective clients. Iii. .\TTORNEY'S FEES .'\NO COSTS. IR tRe evel1t of any litigation ari~;il1g out of tRis f.greeA-lcnt, tRe prevailing party ~;hall be cntitled to recover all eXflen.;c.; aAd CO.;L; incllrrclt iReludiRg reasonablc attorney'~; fees [md paralegal cRarges. Thi~; Section ~;hall survivc tRc Clo~;ing oftRe traRsactiofl eORteHlplated by tRis :\greemeRt lJr tRe termiRatiol1 oftRis f.greemeRt. ~ .J..+c--GOVERNING LAW. VENUE AND JURISDICTION. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of Florida without regard to principles of conflicts of laws. The parties acknowledge that a substantial portion of negotiations and anticipated performance of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Palm Beach County; (b) consents to the jurisdiction of such court in any such suit, action or proceeding; (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in such court; and (d) agrees that service of any court paper may be effected on such party by Fl1aiI as pro..'ideEl iR tRis .'\greement, or in such-etfleF manner as may be provided under applicable laws or court rules in said State, 11. +8,- TIME FOR ACCEPTANCE. If this Agreement is not fully executed by the Seller and an executed original hereof delivered to Buyer on or before MarcR 18, ~ at 5:00 p.m., eastern standard time, it shall be null and void and neither party shall have any obligation hereunder. l.8.. .J..9,...CAPTIONS. The descriptive captions contained herein are for convenience only and shall not control or affect the meaning or construction of any provision hereof. FTL ~-illill.2 16 . . l2... ~INTEGRATION. This Agreement constitutes the entire agreement between the parties hereto in respect of the subject matter hereof and supersedes any and all other written or oral agreements, representations, documents, memoranda, and understandings between the parties relating to such subject matter. 2Q. ;J+.-AMENDMENTS. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only by a writing, signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought in making specific reference to this Agreement. 2L ~BINDING EFFECT. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and pennitted assigns. 22.. ~FURTHER ASSURANCES. The parties hereby agree from time to time to execute and deliver such further and other transfers, assignments and documents and do all matters and things that are legally required or reasonably necessary to more effectively and completely carry out the intentions of this Agreement. This Section shall survive the Closing of this transaction contemplated by this Agreement. 23.. ~SEVERABILITY. If any part of this Agreement or any other Agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. Provided, however, that any provision which would be held invalid shall be first construed so as to render the clause valid and enforceable, and in accordance with the intentions of the parties as expressed by this Agreement. ~ ~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 on any persons other than the parties hereto and their respective legal representatives, successors and pennitted 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 give any third persons any right of subrogation or action over or against any party to this Agreement. 2..2. ~REMEDIES CUMULATIVE. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. ~ ;!+.- WAIVERS. The failure or delay of any party at any time to require perfonnance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this Agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to FTL 3S2J 17.5 2Sill1.2 11 or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 28. PREPAR..^.TION OF ;\GREEMENT. This f.greemellt shall Rst be eonstrlled mere strollgl)' against all)' part)' regardless sfwho is respollsible for its preparation. 2L ~SURVIV AL. Except as otherwise specifically set forth in this Agreement, all of the terms, conditions, representations, warranties, rights and remedies of the parties contained in this Agreement shall survive the Closing Date and the conveyance of the Property to Buyer. 2&. ~COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 22. ~ TIME OF ESSENCE. Time shall be of the essence with respect to Seller's and Buyer's obligations as set forth in this Agreement. JU. ~BUSINESS DAY. If any date herein set forth for the performance of any obligations by Seller or Buyer or for the delivery of any instrument or notice as herein provided should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. As used herein, the term "legal holiday" means any state or federal holiday for which financial institutions or post offices are generally closed in the State of Florida for observance thereof. 3.L ASSIGNMENT Buver shall not assil!l1 this Al!I'eement nor anv interest therein without obtaininl! the Drior written consent of Seller other than to an affiliate of Buver. which is owned or controlled bv Guarantor. ll.. ~RADON DISCLOSURES. Buyer acknowledges the following Radon Gas disclosures required by Florida Statutes Section 404.056, Subsection 8. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 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 county public health units. l1.. 34,- ADVICE OF COUNSEL. EACH PARTY ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY ITS OWN COUNSEL WITH RESPECT TO THE TRANSACTION GOVERNED BY THIS AGREEMENT. ,'\1'10 SPEClf"IC,'\LL Y ',!11TH RESPECT TO THE TERMS OF SECTION :H, WHICH CONCERNS THE W,\I'lER OF E,\CH P,\RTY'S RIGHT TO TRL'\L BY JURY. 35. JURY Wf.lVER. IN :\~IY CIVIL ,\CTlON, COUNTERCL^,IM, OR PROCEEDING. WHETHER f.T L:\ W OR IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR RELA HIS TO THIS f.GREEMENT, ,'\NY MID ,'\LL TR..^,NS,'\CTlm!S CONTEMPL:\ TED HEREUNDER. THE PERFORMMJCE HEREOF, OR THE REL^,TIONSHIP CREf.TED HEREBY, \I/HETHER SOU~!DlNG IN CONTRACT, TORT, STRICT L1.'\BILlTY, OR OTHER'.VISfI, TRL\L SH.\LL BE TO f. COURT OF COMPETENT JURISDICTION ,^.~!D FTL~-=<I1.2 1.8 . NOT TO f. JURY. Ef.CH P,^.RTY HEREBY IRREVOC.'\BL Y "VAIVES ,'\NY RIGHT IT MA Y HAVE TO :\ TRIAL BY JURY. f.NY Pf.RTY Mf,Y FILE f.N ORIGIn^.L COUNTERPf.RT OR.^. COPY Of THIS f.GREEMENT WITH f.NY COURT, i\S WRITTEN EVIDENCE Of THE CONSENT OF THE P,^.RTIES HERETO Of' THE Wi\IVER Of THEIR RIGHT TO TRL^,L BY JURY. NEITHER Pi\RTY H.^.S M.^.DE OR RELIED UPON .^,NY OR:\L REPRESENT,^. TrONS TO OR BY .^.NY OTHER P,'\RTY REG.^,RDING -+t+f ENfORCE:\BILITY Of THIS PROVISION. Ef.CH Pf.RTY H.^,S RE.^.D ,'\ND UNDERST,,\I'!DS THE EffECT OF THIS JURY \)/,'\IVER PROVISION. [NO FURTHER TEXT ON TIDS PAGEl FTL 25:!217.$ 2.S..2M1.2 l!l .- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names, on the dates set forth below. Signed, sealed and delivered "Buyer" in the presence of: MEDIA ENTERTAINMENT PRODUCTIONS (USA), INC., a Florida corporation By: Print Name: Thomas CIvnes Title: President "Seller" CITY OF DELRA Y BEACH, a Florida municipal corporation By: Print Name: Title: ATTEST CITY CLERK: Print name: FORM APPROVED BY CITY ATTORNEY: Print name: FTL ~-2.52lli.2 2Q ----~ .- , GUARANTEE MULTI-MEDIA PRODUCTIONS (USA\. mc.. a Florida corooration ("Guarantor") herebv l!Uarantees the obIil!ations of Buver under this Al!reement: nrovided. however that all claims made bv Buver al!ainst Guarantor after Closinl! related to or arisinl! out of a material breach bv Seller of its oblil!ations under this Al!reement must be delivered to Guarantor in writinl! and Buver's recoverv(ies) with resoect thereto will in no event include indirect. conseouential or nunitive damal!es al!ainst Buver and/or Guarantor. which are. bv virtue of Seller's execution of this Al!reement. herebv exoresslv waived bv Seller. MULTI-MEDIA PRODUCTIONS (USA), INC.. a Florida cornoration Bv: Name: Thoma~ Clvne~ Title: Pre~ident FTL ~-2.52lli.2 21 .' . SCHEDULE OF EXHIBITS Exhibit "A" - Legal Description of Real Property Exhibit "B" - Buyer's Services Exhibit "C" - Declaration of Restrictive Covenants and Conditions FTL ~-2.52lli.2 22 ., . EXHIBIT "A" "Legal Description" Approximately 9,000 square feet of vacant land located on the southeastern comer of the parcel commonly known as the City of Delray Beach "Tennis Center" which is bounded on the south by West Atlantic Avenue and on the east by Northwest 1st Avenue, which is approximately 137 feet in length from east to west from edge of curb and approximately 75 feet in length from north to south from edge of curb. Upon completion of the Survey pursuant to Section 4.3 of the Contract, this Exhibit "A" shall be replaced with the legal description contained on the Survey. FTL~-~_~ 21 '" .. . EXHIBIT "B" Buyer's Services From and after the Closing Date and in consideration for Seller's conveyance of the Property to Buyer, Buyer hereby agrees to provide the following to Seller: 1. (a) Television Production: Buyer will feature the City on the Buyer's television series, Architecture and Design Television (ADTV), as the lead story, on thirteen, one-half (\1,) hour episodes. The series hosted by Hunter Tylo will highlight the various phases of design and construction of the Proposed Improvements to be designed by Michael Graves & Associates. This shall include: City featured within some of the editorial content throughout the 13 part series. City appears within the content of the design and construction of the building. The series will air on networks such as CNBC and Bravo as paid programming and Tech TV based on Buyer's ultimate determination of venue. Buyer will di:;trioutel!uarantee distribution of the series to approJlimately 80 million potential television households for each of the 13 episodes, The Show will air on business audience accessible time slots. l!eneraIlv al!reed to be from 5:30am to 7'30 am. 9:0Oom to I I '3Oom weekdavs. 5:30am to II :30nm weekends. In connection with the foregoing, City acknowledges and agrees that prior to any appearance on the ADTV series by any employee or elected official of the City, such person shall execute and deliver to Buyer a written authorization and release for such appearance, in form and substance reasonably acceptable to Buyer. (b) 13 Soecial 90 Second VNR's: Thirteen (13) 90 second Video News Release (VNR) will be fully produced featuring a variety of Delray Beach Attributes: Beach and Ocean Activities, Parks and Leisure, Atlantic Ave Restaurants and Shops, Hotels, Real Estate, Business Friendly City, Residential areas, Tennis Center, City Government, Police and Fire, Multi-Cultural Events, Future Development. Each VNR will open a segment within the Architecture and Design Television series. All 13 VNR's to be fully digitized to provide for a high quality format, ready for web site inclusion. Mayor and President of Chamber of Commerce to serve on advisory panel to assist in selection of subjects of 13 VNRs and otherwise provide creative input for highlighting City of Delray Beach and to sit on an informal advisorv board for ADTV and World Business Review (c) Streaminl! Video Internet Broadcast: Video On-Demand: The thirteen VNRs will be available to City on-demand digitized in streaming video accessible via the World Wide Web 24/7 to approximately 75 million PC users. (d) License Ril!hts and CODV of Customized Show +aaTane: City will be provides license rights to use each VNR on City and Chamber Web Site and to use as individual tapes, CD's and DVD's to use as mailers or as giveaways by the City and the Chamber of Commerce. FTL~-~ M - .. ., . Buyer will provide City with a Beta SP for further duplication to be used for future promotions for City. (e) Press Releases: City will be the subject of 1,000 emails of press releases collectively from Hunter Tylo, Michael Graves and/or ADTV for the promotion of each of the 13 episodes. These emails will notify readers of where and when they can view the show as well as provide links for 24/7 on-demand viewing. Total of at least 13,000 dedicated emails to be sent over the course of the series. Estimated value of (a) through (e) above: $1,690,000 (note: to underwrite a \I, hour episode of World Business Review or Life & Leisure and obtain comparable benefits is approximately $130,000 per episode X 13 episodes) 2, AODearance in QDeninl! Introduction. Closinl! Titles and Visuals: In addition to underwriting benefits above, for each of the thirteen (13) episodes, City will appear in the opening introduction, visuals throughout and closing titles. City visuals will include imal!e nlacements of the city nrovidinl! visual clarity that the camera is in Delrav Beach to the exclusion of all other locations. These several intersnersed shots mav include and not be limited to. the Welcome to Delrav Beach Sil!n City Seal. Delrav Beach municinal buildinl!s. and/or the Tennis Center sil!nal!e. Total run time will be five seconds or 10 nercent of the oneninl! credits whichever is l!Teater. Estimated Value: $200,000 3. Show Credits. In addition to underwriting benefits above, for each of the thirteen (13) episodes, the City, together with the City's web address, will Qe featured in the closing show credits. In addition to exclusive site nIacement visuals of five seconds or 10 nercent whichever is l!reater. City will also be l!raclouslv thanked in two sentences across the full screen for two seconds and a visual of the city flal! or seal Estimated Value: $100,000 4. Press Releases: The city will appear in all press releases created by the show (approximately 250,000 press releases). Releases will incorporate the description of the show, Hunter Tylo, Michael Graves and the award winning producers along with why Buyer chose De/ray Beach as the exclusive City for this series. The city will be cited in the dateline. and also have a naral!ranh describinl! the location and reasons whv the nroducers chose to shoot there. Estimated Value: $100,000 5. City to be featured in Print and CD Rom in ADTV Brochures: A full page graphically designed print piece and City's inclusion on initial Demo tape, along with show credits and Web site info, discussing the City's selection as the exclusive City chosen for the series will appear in hundreds of packages which will be sent to selected corporations throughout the country. Estimated Value: $200,000 6. Tanes and DVDs: Buyer will provide City an additional 100 video tapes and/or DVOs of the combined 13 VNRs in fully produced and packaged format. FTL ~-2.52lli.2 ~ - - ._"-" ----- (. . .. . Estimated Value: $10,000 7. Internet and New Media: A full feature story about your City and why it was chosen for the ADTV show and what benefits Delray offers for business to relocate will be featured on Arctv.com for one full year; Each of the 13 featured VNR's to be featured separately on Arctv.com, with links to pertinent information on each attraction highlighted in the applicable VNR; Links to your City home page and Chamber web site to be provided on every page of the above (Minimum 20 pages). Estimated Value: $10,000 8. License Ril!hts to Series: The City will receive a nonbroadcast license to use all or any portion of the series for its own use (it being understood that City shall not be permitted to broadcast the series over public airways without Buyer's consent), which series includes the implicit endorsement of Hunter Tylo, as host, and Michael Graves, as architect. Permission for broadcast license for anv oortion will not be unreasonablv withheld bv the nroducers. Estimated Value: $500,000 9. EXDosure on Alexander Hail!'s World Business Review: The Mayor and/or city official will appear for a fifteen minute (or two separate seven minute) panel discussion to promote the city to World Business Reviews audience, which targets an Educated and Successful Business Audience. North American TV Exoosure: 86 Million North American households: CNBC, DirecTV & Dish Network, TechTV, Bravo. As paid programming; United Airlines In-Flil!ht Prol!ramminl!: airs in main cabins and/or in-seat multi channel viewing International flights; International TV Exoosure: Hong Kong - AsiaTV. Canada - major technology cities; On-CamDus TV/Curricula at Leadinl! Universities: Approved for continuing education, library reference or on campus TV stations at many universities such as Dartmouth, Notre Dame, DePaul University, Georgetown, University of Florida, Georgia Tech, University of Texas, New York University and more. Streaminl! Video Broadcast - Video On-Demand: A library of26 full-length episodes of World Business Review will be available on demand via the world-wide-web in streaming video. A hyperlink will be featured on WBRTV.com for three (3) full months. Two Phase Coroorate Executives & Manal!ers E-Mail Data Base: Up to 1,000 email press releases will be issued notifying recipients regarding the appearance. The email will also have links to City web site as well as the World Business Review website. Custom Demo TaDe: Production of a custom demo tape will be introduced by General Alexander Haig will contain the World Business Review show open, mission statement, your 15 minute segment, and contact information. Limited license rights for you to use your footage for non-television broadcast use. Licensinl! Ril!hts for Custom Demo Taoe: Delray Beach will receive the Beta SP of the FTL ~-2.llli1.2 2Q ",- " . " . Custom Demo Tape for non-television broadcast use. Permission for broadcast license will not be unreasonablv withheld bv the oroducers. On Location Field Reoort: Delray Beach will receive one half day on location shoot at the one location within city limits. Licensinl! Ril!hts for On Location Field Footal!e: Delray Beach to receive the Beta SP of your raw field footage. FuUlicense rights of aU raw footage from the on location shoot to use in any format. includinl! broadcast. Dil!itized Video: Delray Beach wiU be provided in digitized format to use on your web site, in emails and other electronic venues. Estimated Value: $58,000 Total Estimated Value of Buyer's Services: $2,968,000 FTL 2;)2 17.5 2.52lli.2 21 j"' . . .. . EXHmIT C RESTRICTIVE COVENANTS AND CONDITIONS (TO BE ATTACHED TO SPECIAL WARRANTY DEED) In consideration of the conveyance made in the deed to which these Restrictive Covenants and Conditions are attached, Grantor hereby establishes, declares and prescribes that the Property shall be owned, held, transferred and conveyed subject to the restrictive covenants and conditions hereinafter set forth, which shall apply to and be covenants running with the Property; Grantee, its successors and assignees, and every owner, present or past of the Property or any part thereof, including any purchaser at a judicial sale (by acceptance of a deed therefor, whether or not it shall be so expressed in such deed of conveyance) hereby covenants and agrees to covenant, to comply with, abide and be bound by these Restrictive Covenants and Conditions. 1. RESTRICTION ON USE. For a period of * _ * years from the recording hereof, the Property may be used only for a mixed commercial use consisting of office, retail and restaurant uses and for no other use or purpose whatsoever. No part of the Real-Property shall be used for the purpose of operating a massage parlor, adult video store, nightclub, bar, package store, * * {INSERT ANY OTHER PROHIBITED USES DESIRED BY CITYl. 2. DESIGN, CONTROL AND MAINTENANCE. It is specifically agreed and acknowledged that Grantee, its successors and assigns, shall not re-plat, re-zone or subdivide (other than the creation of a condominium rel!ime l!overninl! the Pronertv which nrovides for senarate condominium units which shall be exnresslv nermitted hereunder and shall not reouire the nrior written consent of Grantor hereunder) subiectinl! the Pronertv all or any portion of the Property, nor shall any building, driveway, parking area, walk, wall, sign, fence, mailboxes, landscaping or any other structure or improvement whatsoever be constructed, erected, placed or permitted to remain upon the Property or any part thereof, nor shall any construction or erection of any of the foregoing cornmence, until Grantor shall have approved in writing the detailed plans and specifications for such construction and plot plan, building setbacks, building heights and layouts of such plans, proposed improvement or landscaping. No construction, alteration or addition shall change the external elevation, design or appearance of any improvement or landscaping after such improvement or landscaping has been constructed or installed according to plans originally approved by Grantor unless and until detailed plans and specifications for such construction, alteration or addition have been approved in writing by Grantor (it being understood that any change in the exterior appearance of any building, wall, or other structure, sign or improvement, and any change in the appearance of the landscaping, as approved and installed initially, shall be deemed an alteration requiring approval). Within thirty (30) days following Grantor's receipt of the detailed plans and specifications from Grantee for any construction, alteration or addition to the Property (collectively, the "Plans"), Grantor shall notify Grantee of its approval or disapproval of the proposed Plans, and, if disapproved, the specific reasons for such disapproval and the modifications deemed necessary by Grantor in order for the proposed Plans to be acceptable ("Plan Disaooroval Notice"). In the event Grantor does not deliver to Grantee a Plan Disapproval Notice within said thirty (30) day period, the proposed Plans, as submitted by Grantee, shall be FTL ~-252247 9 2.8 .' . . " . deemed approved by Grantor and Grantor shall have no further right to object to same. In the event Grantor timely delivers to Grantee, a Plan Disapproval Notice, Grantee shall revise the proposed Plans to address Grantor's concerns or objections and resubmit same to Grantor within fifteen (15) days following Grantee's receipt of Grantor's Plan Disapproval Notice, whereupon Grantor shall have fifteen (15) days following the receipt of Grantee's revised Plans to review same and notify Grantee of its approval or to deliver to Grantee a Plan Disapproval Notice. In the event Grantor does not deliver to Grantee a Disapproval Notice within said fifteen (15) day period, the revised Plans shall be deemed approved by Grantor and Grantor shall have no further right to object to same. The parties shall continue the foregoing process until the proposed Plans are approved by Grantor. 3. CARE AND APPEARANCE OF PREMISES. No tents, trailers of any description, whether readily movable or not, campers, motor homes, vans without side windows other than for those in the front doors, shacks, tanks or temporary or accessory buildings or structures, shall be placed or permitted to remain on the Property except those needed during construction; and after the completion of construction of the structures on the Property and issuance of all applicable final certificates of occupancy or acknowledgments of final inspection (by the relevant local government agency), all such tents, trailers of any description, campers, motor homes, vans, shacks, tanks, temporary and accessory buildings or structures shall be removed forthwith. However, Grantee and its successors in title shall be entitled to continue the use of construction offices, in temporary buildings or trailers, during active construction and until construction has been completed on the Property. At all times during the course of construction of improvements and landscaping upon the Property, construction debris of all kinds will be removed from the Property and adjoining streets and when such construction is substantially completed, all debris, equipment and excess, surplus or remaining construction materials, of whatever nature, shall be promptly cleared and removed from the Property and all adjoining premises. All utilities within the Property, whether in street rights-of-way or utility easements or on private property, shall be installed and maintained underground. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the Property, and no waste paper, trash, refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere on the Property. All garbage or trash containers must be placed in walled-in areas so that they shall not be visible from the adjoining properties, or from any street, or placed in containers as required by the Grantor. At all times prior to construction of any improvements on the Property, the entire surface of the Property shall be maintained with grass which shall be properly maintained (i.e., watered, fertilized, mown, etc.) to give the Property a park-like appearance. 4. AMENDMENT TO RESTRICTIONS. Grantor may, with the approval and joinder of Grantee, modify, waive or cancel the restrictive covenants and conditions herein set forth, in whole or in part, at any time, or from time to time. 5. RESTRICTIONS AND COVENANTS RUNNING WITH THE LAND. The restrictions, covenants, conditions, obligations, reservations, rights, powers and charges herein FTL 251217.5 25224I..2 22 ,. . . ' . . provided for shall constitute a servitude in and upon the Property and every part thereof, and shall run with the Property and inure to the benefit of and be enforceable by Grantor. Any failure to enforce any restriction, covenant, condition, obligation, reservation, right, power, or charge herein contained shall in no event be deemed a waiver of the right to thereafter enforce any such restriction, covenant, condition, obligation, reservation, right, power or charge. 6. REMEDIES FOR VIOLATION, Violation or breach of any restriction, covenant, condition, obligation, reservation, right, power or charge herein set forth shall give Grantor, in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms of such violated or breached covenant, condition, obligation, reservation, right, power or charge, and to prevent the violation or breach thereof (even if compliance requires the demolition of improvements on the Property); and the expenses of such litigation (including all appellate levels) shall be borne by the party losing such litigation. In addition to, and not in limitation of the foregoing remedies, Grantor shall have the following rights and remedies with respect to violations of the restrictive covenants, including, without limitation, those set forth in Paral!:raph 3 ("Care and Appearance of Premises") hereof: Grantor shall give written notice to the Grantee, by posting such notice on the Property or delivering such notice to any office or place of business of the Grantee on the Property or, if no such office of place of business is kept or maintained on the Property, to any office or place of business, wherever located, of Grantee, of any violation of these restrictive covenants, and in the event that any such violation shall not be remedied or corrected by or for and at the expense of the Grantee within thirty (30) days after the date of delivery of such notice, Grantor may, at Grantor's option, enter upon the Property and remedy and correct any such violation at the cost of the Grantee. If, after Grantor has entered upon the Property and remedied or corrected a violation that the Grantee has failed or refused to remedy or correct after notice and the Grantee shall fail or refuse to pay to Grantor all costs of remedying or correcting such violations reasonably paid or incurred by Grantor, within thirty (30) days after the date of delivery of the bi11(s) therefor, Grantor shall have, and is hereby given and granted, a lien upon the Grantee's right, title and interest in and to, the Property for the amount of all such costs and expenses. Grantor's lien shall be effective from and after recording, in the public records of the County, a claim of lien stating the description of that portion of the Property encumbered thereby, the name of the Grantee, and the amount thereof. The amount of the lien claim shall include interest, from the date Grantor paid or incurred the costs and expenses resulting in the lien claim, at the highest rate permissible by law per annum, until paid to Grantor, and all attorneys' fees incurred by Grantor in effecting collection. Such claims of lien shall be signed and verified by an officer or agent of Grantor. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record. Grantor may bring action to foreclose the lien against the encumbered Property in like manner as a foreclosure of a mortgage on real property, or a suit on the personal obligation against the Grantee or both, and there shall be included in the amount of such lien claim, the court costs incurred in such action, including attorneys' fees. The lien for which provision is herein made shall be subordinate to the lien of any first mortgage to a federal or state chartered bank, life insurance company, federal or state savings and loan association, credit union or real estate investment trust. Such subordination shall apply only to lien claims which have been recorded prior to a foreclosure sale or a conveyance in lieu of foreclosure. As used herein FTL ~-2.52lli.2 3.Q ",'., . ., - ~ "attorneys' fees" shall include those actually incurred by Grantor, regardless of whether suit is brought or any appeal is taken therefrom. 7. DURATION. These restrictions shall remain in effect from the date of recording in the public records of the County, for a term of twenty-five (25) years, and shall be automatically extended for consecutive terms of twenty-five (25) years, unless the owner of the Property, joined by Grantor, shall elect to terminate these restrictions upon the expiration of the then current term. Termination shall be evidenced by an instrument in writing, executed by the then owner of the Property and the Grantor, which shall be recorded in the public records of the County. These restrictions may otherwise be terminated by Grantor at any time, in Grantor's sole and absolute discretion, by the execution and recordation of an instrument evidencing the same in the public records of the County. 8. INVALIDITY OF CERTAIN PROVISIONS. If any term or provision of this instrument or the application thereof to any entity, person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this instrument, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Instrument shall be valid and be enforced to the fullest extent permitted by law. FTL ~-2.52lli.2 11 ---- . 5.2 Buver's Ril!ht to Terminate. Buyer shall have the right, in its sole and absolute discretion, to terminate this Agreement at any time during the Inspection Period. In the event Buyer elects to terminate this Agreement, Buyer shall notify Seller in writing of its intention to terminate this Agreement pursuant to this Section. To be effective, this notice must be received by Seller prior to 5 :00 p.m. eastern standard time on the last day of the Inspection Period. 5.3 Off site Parkinl! Arranl!ements. During the Inspection Period, 8eHtwllMm shall use reasonable l!ood-faith efforts to obtain aHa deliver to Buyer off-site parking agreement(s) with adjacent property owner(s), at AO cost to Buyer and atherv..ise reasoAably acceptable to Buyer, which parking agreements shall satisfy the City's and/or any applicable governmental authority's parking requirements for Buyer's Proposed Improvements on the Property (the "Parkinl! Al!reement(s)"). In the event that 5tI€fl--Parking Agreement(s) acceotable to ~ have not been entered into on or before the expiration of the Inspection Period, then Buyer shall have the right, but not the obligation, to extend the Inspection Period solely with respect to Seller's obtaining such Parking Agreement(s) prior to Closing. In no event shall Seller have anv oblil!ation to arranl!e or nav for oarkinl! in connection witb Buver's Pronosed Imnrovements. 5.4 ADoraisal. During the Inspection Period, Seller shall obtain an M.I.A. appraisal ("Initial Annraisal") of the Property in order to confirm that the fair market value of the Property as of the Effective Date (the "Initial ADoraised ProDertv Value") is less than the value of the Buyer's Services set forth on Exhibit B attached hereto and mutually agreed to by Seller and Buyer. The apflraiser SHall be ffiutually acceptable to Seller aHa Buyer aRd thereasonable cost of said appraisal shall be shared equaIlyRlilil by Buyer ana Seller. , U Construction Financinl!. Durinl! the Insoection Period. Buver shall use reasonable l!ood-faith efforts to either (i) obtain a written commitment (a "Commitment Letter") for a construction loan for the Prooosed Imorovements from a bank. savinl!s and loan association. insurance comoanv or other commercial lendinl! institution uoon such terms and conditions reasonablv accentable to Buver. which construction loan shall be secured bv a first mortl!al!e encumberinl! the Pronertv. or (ii) deliver written evidence that Buver or Guarantor has sufficient cash reserves to comolete tbe construction of the Pronosed Imnrovements on the Prooertv ("Evidence of Casb Reserves"), If such Commitment Letter is issued Buver shall nromotIv nrovide a written conv thereof to Seller. If Buver is unable to obtain a Commitment Letter or deliver the Evidence of Casb Reserves. as annlicable orior to the exoiration of the lnsnection Period. tben either Buver or Seller shall have the ril!ht to terminate this Al!reement bv nrovidinl! written notice to the other on or before the exniration of the Insoection Period. 6. ACKNOWLEDGMENTS. REPRESENT A nONS. WARRANTIES AND COVENANTS OF SELLER. As a material inducement to Buyer to enter into this Agreement, Seller hereby acknowledges and represents to Buyer as follows: 6.1 That Seller is indefeasibly seized of good, marketable, fee simple title to the Property, and that Seller is the sole owner of and has good right, title and authority to convey and transfer all Property, rights and benefits which are the subject matter of this Agreement, and the Property shall at Closing be free and clear of all liens and encumbrances, excepting only the Permitted Exceptions. Except for the Permitted Exceptions and matters that will be discharged by Seller at Closing, including any and all mortgages or notes encumbering the Property, there are no other liens or claims on or affecting the Property. FTL ~-252247 9 !! [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DElRA Y BEACH taftd Al-AmIrIca Clty MEMORANDUM ~~IIE DATE: May 10, 2004 TO: City Commission David Harden, City Manager, FROM: Susan A. Ruby, City Attorney SUBJECT: Blocks 52 and 44 Re: Frontage on Atlantic Avenue, South of the Tennis Facilitv I have reviewed deeds for Block 52 and 44, as it pertains to frontage on Atlantic Avenue, south of the current tennis facility. The deed for Block 52 indicates a need for a referendum to release restrictions on the sale or transfer of parcels within Block 52. There was a referendum held in 1990, and the voters agreed to release the restriction, however, the ballot question indicated that the proceeds from a sale would be used to develop a public tennis facility, thus it may be necessary to have another referendum to delete the condition. The Block 44 deed, pertaining to frontage on the west half of the property, contains a reverter clause that can not be released by a referendum. Please note that a title search would need to be prepared to fully ascertain the exact encumbrances on the properties, after a survey is prepared to obtain a valid up-to-date legal description. Attachments Cc: John Sasson \AJS olD J' I I II I MARTIN LUTHER KING JR. DRIVE N.E. 2ND ST, - - - ~ ~ ~ ~ <( - <( <( <( ~ = ~ - ~ {, '7l (j = 4)1 3f fffi U @ W) (OJ /I /L II (L to) a z CITY N - HALL - - ~ - I a >-' I- '" Z Vl - ~ '" - - 1ST ST. OR::." N.W. 1ST ST. N.E. 1ST ST, N.W. ~ I , 7 1 7 2 8 2 CEN ER 8 3 9 3 , 9 r.=-. ~ ~ d ~ !8J · !4j !4j 10 · Iii) tjJJl0 (ff) ((J) W OLD b SCHOOL ~~ ::) ~- ~ =;, 5i ~ 5i SQUAR[ 5i 11 ~ 5 Z 5 TE ~ z Z IS Z W - STA IUM > 6 12 6 '2 - OJJJ<{ 13 " 15 16 13 ,. 15 16 A T LAN TI C A V E N U E II ~[[[I]~ ~ - <( <( <( - POLICE Z COMPLEX SOU TH - COUNTY a ~ "'" = A 0 - Q/ I Z t!5J Q2j I- '0 7J l- ff;) 'II Vl I- COURT N - Z ~ ~ 1/ HOUS[ 3: - (f) - 5i 5i 5i vi vi vi S.W, 1ST ST. S,W. 1ST ST. S,E, 1ST ST. II I I TI II N TENNIS CENTER / COMMUNITY CENTER CITY Of' OElRAY BEAOI, Fl PLAT MAP P\.ANNIrtG 6: lQNlNC DEPARTMENT -- DiClTA/. 8ASC ItIAP SYSTCItI -- MAP REF: un68 I I I I I I - MARTIN LUTHER KING JR. DRIVE N.E. 2ND ST. - - - ~ - ~ ~ ~ <( <( <( <( r @ ~ ~ =0 ~ ~ u '77 0: = ~t 31 @ JYJ (OJ /I IL II (lJ) 70) 0 Z N CITY - HALL - - - I 0 ~ '" - >- Cl:: Z Vl ... '" - - ST. AlINO N,W, 1ST ST. N,E. 1ST ST. N.W. 1ST ~ I l.lIU . \,) U --... ~ COM :JNITY CE TER V L L · ~ ~ ~!~ @ 2 OLD ~ llQj 4,' fro ((J; w => SCHOOL ~ ;Ii ~ U ~ ~ Z SQUARE ~ z z z W - ~ 1 > ~ [J]]]<{ TENNIS ~ 11S' AllEY STADIUM A T LAN TI C A V E N U E I AIIJJ~ ~ <( <( <( POLICE Z COMPLEX SOUTH = 0 0 COUNTY 0 ~ =0 '5J Jj >- (Q ] l- lk) (jJ I Z Vl ~ >- COURT N - Z ... = :</ HOUSE 3: (f) ~ ~ ~ vi vi vi S,W. 1ST ST. S.W, 1ST ST. S.E. 1ST ST, II I I II I . III III II N TENNIS CENTER I COMMUNITY CENTER ON OF DELRAY BEAOt, FL TAX MAP PLANNING a: ZONING OEPAANENT -- /JICITAL 8ASC IA4P S't'STCII -- MAP REF: UIl67 N TENNIS CENTER / COMMUNITY CENTER an aF DELRAY IIEA04. FL BLOCK 44 AND BLOCK 52 ~ ,. ~ DEPAR1MENT -- IJIfiJITN. 8ISIE' MAP sr.sTEM -- 0 Em THIS IlIa..u_, -. tllla th.""-..aa7 o~ Ju17. A. ll. 19311. ... ht...o '" ., "'0_. broth... o~ S~.ll1oa..... 4u.a'lId. o~ tho COOUlt7 o~ Pal.ot B.a.1l 10 tile State o~ 1'1"'140, part7 o~ tll. ~l...t " l'U't &lI4 tll. Cur 0' ll.l:1A!y BUCII, a -lolpal .""po"'Uoo .roat... .. ."l.11ne _.1' tll. 1_ o~ tho -ha". .~ Plo"'.e. Jro'a... 10 . tho 0_t7 o~ Pea Booon. 10 tll. State ot-n01'14a, part;, ot: tll. .'Goad P&1"t; l Wl1'llUSBTII, ~hot tll. ""14 par.,. o~ tll. fir.t part. ~ot. t 111 .011814....hoo ot: tll. '1101 o~ On. llOll..."ltl.oOj &lI4 otll.r '. 1 ~,V'l";:''';'~f . . ,_ ;,j,:_ _ ..,. .blo .00014oraUona to 1l1a 10 hoIll! pa1. .., U~ Put7 ot tA...._ ", , ~l.,rl':,..... part, tho re..lpt "h.r.o~ 1. h.r.b;r a&b..ll1d.... Ilu <<r""tlld',' , bUPlo.. 0JJ4 · 014, "'" b7 tho.. pr...a.. .0.. &'l'''''t. b&1<p.1a .... \( ~-,~:Gi ;'.." ?l .~ '.11 to tho '0101 Put7 qf tho ".ollll .... H. .u.o...o... "'l* ... <=> 1" ht title or'inter,at he haft "1.n am to "- 8 gnu, . 0 OWne seer e proper y oca e n Palm .Beaoh ... County, Florida, to-Wit: Lota .even (7) to Slxteen (16) lncluslve, ~look ,orty_ ~our, Clty o~ Lelray .each, tormerly ~own ot Lloton. aocorci.in& to .-,plat at the 8ubcl.lv1810D o-r .aid. town ot Unton 'oa ~1l. la tll. OU1.. o~ tho Cl.rk o~ tho ClrcUit Court ill &D4. tOr Palm B.aCh Coa..nt7. J'lorida. ~1l1. 40.... 10 101Ill. to.. tll. 1'1U'p".. .t g1v1ne anll &'l'aat1ne t. part7 ot tho ...0nlI part, 118 .u.....ore. l.gal r.p.....ot.th "'lg"" 11tlo to tho aboY. 4o..rlb.4 roal ..tat., ~or pubU. park. Pla7&'l'OUaa, athl.U. n.la, publl. .obo.l, bo'.boll, toot_ ,~ll. boahtboll 0JJ4 all .thl.Uo ana .Oho.l purp....: _ 10 10&4. '~. "'..uto4 and dollvorlld "HIl tho up..... "I'4.r.tand1llg _ .0ndHl tho t lIhoU14 the ....., .v.r b. 410. ooU"".4 ~r~b_ on.... to l' ""oil. . ~...., tho ttt:r.. to. t~. _ 'holli. ...-.. ronn.t'*~ll . - ..;;.1 .1a tho 1>O>"t7 ot t"'" tt".!............ hlo.,....~ ;'~ffl ~ . tho ..01. p....,..t: tb.. firot JlUt'.'_ h....h~ ~lq ."'.. "- ....ntth. 11 n. t...~ 10!lt;c.....1ll,..t..QlI. tho ..... ~la.. ,. .., ,.. .~,., .. . . " ,... , lowtltl Ololmo qf al~:~ '.QII_n.... , ,.;~t[ " "~._.%l : . ~ " ... ,. IlJ nuaa 'WHIRaCIr, iu ..14 party ot the first part hal hl:rnJlto...ll1a haIlIl Ull .'.1, tAil the day ancl year laat aboTe ..1 ".... SlID8I.. aNi_ an4 ...11T.:n4 in the pe..nee at: I ~~:r:;)::~~- (..L 0' 7/%[r /\W.~ (BULl sun OJ' nORmA ) tf t I camu OJ' !'JolJI BBACa I 11 On tbiB clay personal17 _PIllared. bef'ore H, an ot't1.el' .. autho1""lze4 to take acknowle4p.nt. 0'1 deeds. .... P. IIOGIft. . 1113111 1Ia.D, to III .ell known aDd known to me to bt the perloll d..cribed in &DIll who exeat.4 the toregolll6 deed. I and he aoOow... I ledged betore me that he exeo'lted the same tor the uses and pur- I poses therein expressed. , nr \"ilTIiES: ,,'Hz..~ZOF I have hereunto set my hand and officia.l , leal at DelraJ' kaOh, 8&14 oounty am state, this the ~7 of ~. . ~" . .....~/~Gi II.)~~ \r,u17, A. .'. ltllh 1~B\.\' /. W~ b. -.7.L. ~4_......,/ ',:',:,...1/;." ,.'~ " "-iil'- .,,~ ,0,." ~ .... (/ "', l.~ji 9 . JlotI """'11"'''''' ry """Ik, Sta" lIy Cemm'. ~f Florida ~: l.mc ISSJon Cx.PU8S Jail. 29, 1936 '/1-1jJr. TIdIla.t..... .... ... fir -. at "HA.II.~ .J *7"'~ 1I8S,...d__.. ~ _SI& .,_ ,..,"~ ,,_ Geo.II. _.,C1...'QoIJiili ~........... .;.:~~~6~i~~ ~.F,.,..~> ., Iv.:(~';:: 'BiJMd1 Ch& '; "i~~.J< ,,;~,~~~ "';:"":'.~....';'~ , ',< ------~ __._,____n__ ------------ ---------~-.-------- --...------ - , DEED t):iti~. ~ THIS IlfDEliTURE, >>;'"de tbJ.s t,he cft{ . day of A. D. 1936, between SOUTHARD IBVESTKENT CO., a Florida' corpaation with its principal place or business in the City of West Palm Beach, Palm Beach County, State or Florida, party I of the first part and the CITY OF DELRAY BEACH, a municipal corporation created and existing under the laws or the State of Florida, located in the County of Palm Beach, in' the State of Florida,.party of the second part. 'ITNESSETB: That the said party of the rirst part, for and in considerat1onof the SUIII of One Dollar ($1.00) and other valu- able considerations to ~t 1n hand paid by the party or the second ~ part. the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell to the said party of the second part. its successors and as- signs, the following described property located in Palm Beach County, Florida, to-wit: . . All of Block FUty-two (52) or the City of Delray Beach, rormerlT the Town of Linton, according to a plat or the subdivision' of said Town or Linton on file in the office or the Clerk or the Circuit Court in and ror Palm Beach County, Florida. This deed is made, executed and delivered td the grantee . ~..' t herein named ror the purpose of giving and granting to tie party . or the second part its successors, legal representatives and assi s the use and benerit or the above described property ror public park, playground, public schools ani other public and municipal purposes; that said property is not to be sold, 'conveyed or dis- posed of by the party of the second part without first submitting to a vote of the duly qualified voters or the City or Delray Beach the question as to whether or not the party of the second part sha 1 sell or dispose of said real estate. IT IS UNDERSTOOD AlID AGIlEED that the party or the second part, its ,successors or ass~., shall have the right to leas. or us. the above described premises for the purpose of holding athletic contests from time to time, and to charge admission for the use of said groUDB when athletic contests are held upon I C~ - r'-'-~~~~~~. .~.. ,.._~~-=-~-:::-_..'=~_-:::~-- __,n, .1.1 i . . . a...-,.~ ;:,)'.J .-1 .a ,) -- . ".- DEED 532 ~;;Ea14 the sam.,.. , ._, Ill' wrna:ss WHEREOF, The eaid party of the f1rst part has caused the.e presents ,to. be signed. in Hs name by ,it.. prover,~.. I .......:..:... .".' .~" ....: _".,'. ~~..." . .~__. . _._ officers, and He, corporate, se.u, .to, be, ~fixed.. attested by i,ts secretary, the day and yea::- &~.ove wr.~ t:en.. " ._. ..., .... :, ".,': __~ :; :. ;l,:' .j';"'l;l, _'.. _ ,; _ II, '" II, .. _ a "~~ .:.. . '. .-, t' - - teo<?J\b>a te Seal' "('0. _ "'.' __ p' I' ,... >-.- . .' ~ .. .., , .. "'\...... . W,.-I ~ ... .< ~ ), .- .-. .. C:\'. ~.', - . - 1 ..... _. _... ~ ,.:. ~ R,;...: ..' . _ ;:!. J.' , ""-If _..' ... ." - - + . ~...~ ,..... . -. " ' , ' ,". _' - . _ " '~-,__: -~.": -, '~_~,~~'~...a.:"'~''''_''~'~,7'7, ~"'.: -~, ~ ~~4:~'$~~~::>'~~'~r~~~~~~t"~~~~~:~ii~: .',~~,_~r"~~~~~~~}~:~~~~ '" . " , SUD og ILLDOIS I , courrr og COCE I IIBIdlllY CBRTIYY, '!'hat 011 thia fJ1t:-day of e- A.D., 193/5, betore .e pe'sonall,. appeared Carol,... V Southard, Secretary et Southard InTestaen' Co., a corporatloll under the laws o! the State ot Florlda. to .e known to be the persoll who slgned the toregolng l...tramellt ae suCh et~lc.r, and she acknowledged the executlol1 thereof to be her tree act and deed as such offlcer for the uses and purposes thereln ..ntlonedl and that she arf1nd thereto the of~'lclal seal of sald corpora- : tlon, and that the sald lnstru,ment 10 the act and deed of oald corporation. WITK&SS mJ slgnature and offlclal seal at Chlcago, ~ !>,,,,,,,,\ sald Count,. and State the day and ear last arcre,,~i~~~,~"\;l1h I ;..~...,.. - ......()Q..,~.. ;':' 00 \'" ". otary PiJ: . *.~ -~ ..,~~,.. . '" () ,....if:i:.g; 113\, JI;y comm18910n e%Pl'?.,tI.~",~".: :,.0 . , I .....o.lo...-:r ,,:~' ';i'i'-~'t~~~:o'?*r~~'~f::i~,'~~kf~:if~;~~~~ft.i~~.~;;iitf~ft~~~~~~ '..' t'.. , DEED 532' F.I~315 STATE OF FLORIDA I COUll'lYOF ~, ~ I HEREBY CERTI?Y. That on this :LI?= da;J lit ~ A.D., 1936. 1.B. Southard 0- President of Southard Investment Co.. a corparat1on under the laws of the State of Florida, to me known to be the person who ~igned the foregoing instr~nt as such officer and he acknowledged the execution there to be his free act and deed as such office~ for the uses and pur- poses tberein mentioned, and that the said instrument is the act and deed of said corporation. signature and official seal at . said County and State, the day and year last aforesaid. dA " ..~ ! ,:.~::;-'~~':;'" ;:t;.".. " : ~~ () ., '...-: - ~:..J ,\ .:.. ~t- .-'.....:)'.1~. J;~ lol:r co=1ssion expirest ;;; ;'''<~;..~..:..~~ ;':~:"~: "otall Public, Slate 01 F10ridl II LMwt J." ",,; LDR., My Commisoion Expires .., S, 1131 ''': I ::. i ~.. ',' ; .:;., TbIo l.otrumOllt __ 1104 fer __ a ,,,O.! _ II. ftlw 0. -I at ~1:tI\)tJl" ItS\'. oad !l_.ded ill ~l~ _It S~:l, ot poce '!l1'3 ./1_<<1 Veri-. 0.0: o. : lIutl.., Cieri< Circuit CGuri, Palm - ;;~~tW! o.,uty Clod;. i '~ ,~ '~'...,~' ..!i-: 7^- -.... ,,",.' .. - iIt:" ''', ,. -- .~" . ~ . - . ~. DEED 532 FA.1311 " .' . ..,To. THIS IIIDENT~, lfade this u... /'!/"4.~day Of~ A. D. 1936, between CAROL;ffl T. SoUTHARD, -e. ,;id.ow, of the ounty of Palm Beach, in the State bf Florida, party or the first part , and the CITY OF DELRAY BEACH, a municipal corporation created and existing under the laws of the State of Florida, located in the County of Palm Beach, in the State of Florida, party of the f second part. r WITNESSETH. That the said perty of the first "art, for and ~ j "'1" in consideration of the swn of One Hundred Dollars\$l'D.OO) and ~, ; other valuable considerations to her 10 hand paid by the ~rty of '. .,., -," ....... fy the second part, the receipt whereof is hereby acknowledged. has granted, bargainm and sold, and by these presents does grant, Jr... bargain and sell to the said party of the second part, its r- successors and assigns, the following described property located in Palm Beach County, Flor1da, to-w1t: .. .. - l'- All of Block F1fty-two (52) of the C1ty of Delray . Beach, formerly the town of Linton, according to a plat of the subd1vision of sa1d Town of Linton on ~ file in the office of the Clerk of the Circuit Court '< .. in andfor Palm Beach County, Florida. , . This deed 1s made, executed and de11vered to the grantee 'l . '!:.. ,~,~ herein named for the purpose of giving and granting to the party ._-~ of the second part, 1ts successors, legal representat1ves and ~'~'.,~ . ' pro1erty '-... assigns, the use and benefit of the above descr1bed for pub11c -'.' J . park, play ground, pub11c school and other pub110 munic1pal pur- ''''t; ; poses; that sa1d property 1s not to be sold, conveyed or disposed -d of by the party of the seoond. part without f1rst submitting to a vote of the duly qualif1ed voters of the C1ty of Delray Beach the question as to whether or not the sa1d party of the second part shall sell or d1spose of sa1d real estate; It 1s understood and agreed that the party of the second ". ~ ,:. j part, its successors or assigns, shall have the right to lease or use the above described premises for the purpose of holding "1'~ . '. athletic contests from t1me to time and to charge admission for th ~~ .j . L use of said grounds when athlet1c contests are held upon the same. :'~-\ '~f. ---'-" ----------- '. .,'","'- '...~-_:~~..:;~'_~~~-:7:~~~~~.:..'::-:-.,_:.,:.:~ ;"r_-_' .:':":":> ''';:~:;:'__-~:''~v/''.;-:~~;~..:r"~;,,' . ..,..'''_ .~;.::<".".~::_. _,,' ,."....~?S~ 1'..>_;,: .:(<.__~:~ . .~~. ", -: .,:' '!I'......--:.;,..~.....,.- -.: ~;{~~'>-f.':~~"'" .~,.-~-~~~ .:.,.,....\-~;:.:.~:::'~-L '.'.~r.. n-~ '" "~,,~i{f;,e'-i$*~,;~~~~~21)1~~~~~~~;'ili~~~~\iti%~~~~"J . '..~ ~Il~....,,?'r.~~..>-,,-~,~~.~~..;f-"~'~ d.,' _ =-.~~, \~~ '~'~~~~<:-~i";'<.;:..<~~.f;~)~.t:*!~~,..i;.,;;~~.. _.~ -" ..:;;~..f~~~ ,.:~,,'-~;,; ..:r::;;;,:. ~;... .~~~'r'. ~~':: ~'S;--..> :.:~:~.~,:,:~_.:::;:+-. .;:.c"~~'e . - . , - . . DEED 532 FAG!: 312 'IN WITNESS WllEREOF, th& said party of the first part has .. ~.., hereunto set her hand and seal, this the day and year first II ~ ~ ->>j 0 above written. :lo!:' ... . i ~Cl ~1 () ~ ., ~,:' '-, ,. f - ----,~~, ~~1l . ~ "all .." .; , .:i-T .;:.6' ~ . ~~ l. ..!i STATE OF .-ci er.. ;; "" f. COUNTY OF '! lL"' = ~ 1 ~ On this day personally appeared before me, an officer 0::..'" ~ ; authorized to take acknowledgments of deeds, CAROLDl Y,. SOUTHARD, o . . ~ .. . 'i e a widow, to me well known and known to me to be the person a~, . i~~ described in and who executed the foregoing deed, and she acknow- = ~ ledged before me that she executed the same for the uses and pur- . - I~ ~~ poses therein expressed. ' .... . - "a,..:.... _ ....ft~ _"Ii "".fieial STATE or NEW JERsBY. CAPB MAY COUNTY. ... CUr.-Porm ..-1............ ',:: ~ STIIlLING W. COLK. Clerk of the Count,' of Cape Kay, aDd aI.o Clerk of the COMMON PLEAS COURT for aid Comtty, Mid ColU't bein.. . Court of Bec:otd. clo hereby certlt7 that , ~".'~~." bd~.::!l~:.ri~~~~:;:r~.~.~;:.~lhe.tN~~ ~ "....':-.~,:-_-J_~.f..~.~... tam.. the ..me authorized by the la..... 01. tile State of New JftrM7 to take " ~ ~;/":\"'/-:c'~"Y"~~::;l- ..""owl............ and _. of deeda or con.....'.. for landa, ......_ 9t6 V .." . '\~" .....~~ ~ -4 .~ .r,:,..... and hereditament. iD "Id State of New Jeney; A..Dd. Further. that I am well ,;;;. t, :,' .J..~lf..'~" ;:, V~rr~ acquainted with the handwriq of such Notary Public and vuil7 beU... '!"ii:-:.-~;;- ::'~~;r~~~~.{-:'t"..y. that the sipature to laid eert:i!cate Vt' proof of admoll"ledament fa cena:!De. ~. ~ :..,>. '~:J'<: t- ~,';t-"t.":\~"~~~" h T_tfmOll7 Whereof. I bav. hereunto aet my hand and aftIzed. tIIe--.J. -,,,-,~;:~""'~~"fi~"'" d"~:.:,rt".-:;...~""]' . '"-l..-'-~.-'-- -....- .'"'*:- '..'t!::""---;T:.'- of the Aid Court.and Cowty th........1Sth....................da;y of " O\._....::~~.:..~.:J.,~:~A~.;.i, ~,..~.'''c';{->.;:'W .......August... ......A. D.'''.!, ~tt~;~~::" "" ....'. ...!.......... .':..CI_ ~ ;I' D'...................... ................De.... CIerIr. ." ... ~ , . . l . , RESOLll'rION NO. 4-90 A RESOLll'rION OF TIlE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING TIlE CITY MANAGER TO CAUSE TO BE PLACED ON TIlE MARCH 13, 1990 DELRAY BEACH MllNICIPAL ELECTION BALLOT A QIlESTION RELATING TO TIlE SALE OF CITY-DWNED PROPERTY LOCATED AT 101 WEST ATLANTIC AVENUE, ESTABLISHING THE BALLOT LAN- GUAGE TO STATE TIlE QIlESTION, PROVIDING PROCE- DURES PERTAINING TO THE VOTE ON THE QIlESTION, . PROVIDING THAT IN THE EVENT OF AN AFFIRMATIVE VOTE All'rHORIZING THE SALE OF THE PROPERTY, THE CITY COMMISSION IS NOT COMPELLED TO SELL THE SAME, PROVIDING AN El'FECTIVE DATE, AND FOR OTHER PURPOSES, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, !'LOIlIDA, AS FOLLOWS. Section 1. For the purpo8e of remavinq a deed re8tric- tion pertaininq to the sale, conveyance or di8po8al of the followinq property located in the City of Delray Beach, County of Palm Beach, State of Florida, to-wit. All of Block 52, TOWN OF DELRAY BEACH (formerly the Town of Linton), accordinq to the Plat on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, in Plat Book 1, paqe 3. j Also more cClllllllOnly known a8 the fire 8tation site located at 101 We8t Atlantic Avenue, City of Delray Beach, Florida. There 8hall b. placed on the March 13, 1990 reqular election municipal ballot the followinq que8tion. BALLOT QIlESTION AllTIIOIlIZATION OF SALE OF CENTRAL FIRE STATION PROPERTY In 1936, the City acquired the central fire 8tation property located at 101 We8t Atlantic Avenue. The 8ite i8 no lonqer larqe enouqh to " 8erve the CitY'8 need8. The deed8 provide that if authorized by the voter8, the City may 8e1l the property. Proceeds from the 8ale will be u8ed for the development of a public tenni8 facility. SHOULD TIlE CITY HAVE THE All'rHOIlITY TO SELL PROPERTY LOCATED AT 101 WEST ATLANTIC AVENUE? YES NO The ballot 8hall clearly indicate apaces to answer .YES. aDd wNO. to the above question. Section 2. Said election 8hall be held at the 8ame pollinq place8 in the ..veral precinct8 in the City a8 the pollinq place8 for the reqular municipal election held on the 8ame day, and the election officer8 who 8hal1 conduct 8aid election 8hall be the 8ame a8 tho8e 8elected and appointed for 8aid reqular municipal election. --.- .... ,/ . Section 3. Should a majority of the voters castinq ballots on the above-described question answer -YES, . the City Commission may proceed to attempt to market and sell said proper- ty, provided, nothinq contained in this Resolution or in the affirmative vote of a majority of the voters shall compel the City Commission to sell the property. Section 4. That this resolution shall take effect immediately upon passaqe. PASSED A!lD ADOPTED this the 16th day of January , 1990. Q ~;, 4~ . MAYOR ATTEST. W U "/lr.nJ ~/',n/f~ C y erk ,; - 2 - Res. No. 4-90 I .L- . ... - ill 1 I ~ I I < I. · ~ J , IlU'I}I!" ill" ilil'W Ii! u" " 11I1' "I ! 1111'I'li! : i : 1 . '!oJ -IW : . I" ~ 1 U' a IlSir II i i I Ii: ,11 1 11(11 S 1(, lli'l lllli I . I! f i! I i fuil's i I,. hli dll U. ;I"'~. 0 "~"i" .. 3,,=-..h HI HI Ef5 : H =itg5i iil HI HI hH~l iI iI iI ~ ~ 1I ~ o~ ... !l i::"U ;1! ~ m a Ii! ...".. i 5 I: .....0 :D n loa ........rt' iI .. z I: .., OJ.... ~ I n ~ m ~ i ... g.... ....... !l o ... n m ~ m F' ... 0'" . I ~ :;l ~ /' 3: tt "rt'.. nl ~~~ .... ~ ......,z i! ..... .. 0 in :D Ii"" ".8" a"'" :Ii !; ;; . ... .. :D :z: "l "l 5~ " .. .. lD 1:J C!pcn i ~ I t ~ ...... ::'ttttG:!.; ~ c - 000 .8" " s I r- :a.l...n '''K S. m "CD · a . . ,..." U~~~ ~ ~ ~ ~ ~ ~ ~ & ~ t c II tl II .....I:'a..c ~ ~ ~ ~ ~ ~ ~ OJ .. ...... S c'8 .. i...Kj.... )> ::....... "'I ".8 il .... ... ... rt'~8:: " ... .8 r- ....o..r p~Ii..... ~lll !fli i II :lei r- ..... .....g.n "'g .!.. g ... a Ii h '1 ~r II I ~ . 0 s- 8." Ig ~( ~;g i .. ... "'r~". i I ~Pi \I d~ S""i:: ill {frl E ...... . 1!I~i Ii (rh,r \I i. g i ,lrj I I ~II ...8. J ~g i r liS; i' :a'" " ...S a lFtl! ....=.~.. ~ l ... ~ ;rl:ll I -u:! ~ ....... I 11 J . . ! i t:~1 III ~ I c... wli.. :; ~.~H ~ ~ I ,Ii" . ~ I ..,. '< It .. "'S'" ~ ~ UtO:l 0 0.... 11:1 The City Attorney stated that the Acting City Clerk had presented the certified cumulative totals for the regular and absentee ballots from the Supervisor of Elections Office of Palm Beach County, Florida, showinq the results of the First Nonpartisan and Special Election held on Tuesday, March 13, 1990. The results were as follows: Mayor !2.t!! Michael A. "Mike" Caruso 1914 + 44 Absentee - 1958 Tom Lynch 5361 + 87 Absentee - 5448 Ernest G. "Ernie" Simon 3097 + 69 Absentee - 3166 including all moved to approve the total votes for the office of Mayor, the regular and absentee votes as indicated above, seconded by . Upon roll call the Commission voted as follows: Commission Member - Seat No. 2 !2.t!! Jay Alperin 7331 + 133 Absentee - 7464 Patricia "Trish" Brainerd 2832 + 67 Absentee - 2899 moved to approve the total votes for Commission Member - Seat No. 2, including all the regular and absentee votes as indicated above, seconded by . Upon roll call the Cpmmission voted as follows: Commission Member - Seat No. 4 Total Dave Randolph 7600 + 120 Absentee - 7720 Jimmy Weatherspoon 2634 + 81 Absentee - 2715 4, moved to approve the total votes for Commission Member - Seat No. including all the regular and absentee votes as indicated above, seconded by . Upon roll call the Commission voted as follows: BALLOT QUESTION AUTHORIZATION OF SllLE OF CENTRAL FIRE STATION PROPERTY In 1936, the City acquired the central fire station property located at 101 West Atlantic Avenue. The site is no longer large enough to serve the City's needs, The deeds provide that if authorized by the voters, the City may sell the property. Proceeds from the sale will be used for the development of a pUblic tennis facility. SHOULD THE CITY BAVE THE AUTHORITY TO SELL PROPERTY LOCATED AT 101 WEST ATLANTIC AVENUE? ~ Yes 6244 + 120 Absent.ee - 6364 No 2710 + 37 Absentee - 2747 - - . . .. .. .. . . . . . . . . t t t r r t f . ... ~~~~~~~~~~~~~~~~~~~~ 0 en m:zn ~ - . OOOoo~oo--ooo_oo___o -.Jo-UlfTl,JIWIY"'~ . - .. Ul-----.J--~~____.J__~~o__ I I I,.. I I I '" .." ... . o~m-.J~~~-.J.A-.J-.J-.J_-.J-.Jo-o-o-o- FI1-f3::D -f-f"tll"t' - < - .O~~m>o-Ulm~.~N>_On=>o- ::00_> 0041.... H - - . z::rn<<-l-fm.. .". 0 , '" :r . ~,.n.. . " :: - . tni']Io 1Zl... ,-....... -t<mm. 21"l -0 :' -, 1;,>;ca::an" ..'" ~ ., n ~"'... ..r- .- . %:'%-t IIDU'J 0:0 ' :=;), . cr-... ,. iii 1'1 CUln < '- ' = ~ -1-10 'f "j .,..... '. . .....: . ~ '" 33aU)t'tc .. Z "':).c :::u z '" ".1 ,0...... '", ... :--1 I\J - ,::<...n"'-I ,. "':~i':':{ti~,',~;j/f;~~~~ 0 --------------~---~- - '" "'ill "0", n , : "'am 0 :r ....< '" n., 0 I I\J - ,..n ... .. ------- ~~ ~~- ... :z '" . '" :z I.l om-Ul~~O~~O~~N.oum-A 0 c:<~ '" ,. 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" '" -0 - IU '" " --- -- ---IUCo.JiU U.... ... - mm(,ll~-'O---u-moo....mu_ IU - < '" ........- ........,oo,ou,oU._,oo-WIU....W - . . < ... " ;! -~~~~~.~ ~~ ~m~~~~ ~ - ~m~ ~~o~.mo~o.~o~m~m - .. o~~m~~~~.~~~~_~~.m~~ IU I\J " ~~ --- ~~~-w~ ~_ ~ .. ~mm~~~.N--~U~_~~OON_ - " ~~mwom-.~wNu~mw~~m~~ I.l ... . ... . - -' -- .. .- ..-.--. ", .~ ................ ',J\J ! . ORB 6584 pg 324 \~ .'-~ ";" .~ NOTICE OF RESULTS OF REFERENDUM ELIlCTION .:....\ . - c.~ '; ~~ -:" ('! WHEREAS, by separate deeds from Carolyn F. Southard .... to the City of Delray Beach dated August 17, 1936, and ':: recorded in Deed Book 532, Page 311, and from Southard ..... ..- <0' .'. t' '. <,. Investment Company to the City of Delray Beach dated ' ~. ..> September 9, 1936, and recorded in Deed Book 532, Page 313, the City of Delray Beach, Florida, acquired title to the following-described property located in Palm Beach County, Florida, to-wit: All of Block 52, TOWN OF DEL RAY BEACH (formerly the Town of Linton), according to the plat on file in the Office of the Clerk of the Circuit Court, in and for palm Beach County, Florida, in Plat Book 1, Page 3, said property being more commonly known as the Central Fire Station site located at 191 West Atlantic Avenue, Delray Beach, Florida. and; WHEREAS, both of the above-described deeds to the City of Delray Beach contain the following restrictive language pertaining to the sale, conveyance or disposal of the same: ....that said property is not to be sold, conveyed or disposed of by the party of the second party without first submitting to a vote of the duly qualified voters of the City of Delray Beach the question as to whether or not the party of the second part shall sell or dispose of said real estate.- and; WHEREAS, the City of Delray Beach has utilized the above-described property for municipal purposes, i.e. t a Central Fire Station has been constructed and operated from the site since approximately 1936 to the present date1 and WHEREAS, the City Commission of the City of DELRAY Beach, Florida, has determined that it is necessary to construct a new Central Fire Station in the City and that the existing fire station site loca ted on the above-described property may be sold as excess City propertY1 and UKt5 0:::;)0"- r':l ~4._ " . . , WHEREAS, on or about March 13, 199", an election was held and the following referendum question appeared on the ballot: AUTHORIZATION OF SALE OF CENTRAL FIRE STATION PROPERTY In 1936, the City acquired the Central Fire Station property located at 191 West Atlantic Avenue. The site is no longer -large enough to serve the Ci ty t S needs. The deeds provide that, if authorized by the voters, the City may sell the property. Proceeds from the sale will be used for the development of a public tennis facility. SHOULD THE CITY HAVE THE AUTHORITY TO SELL PROPERTY LOCATED AT 191 WEST ATLANTIC AVENUE? YES_ NO_ NOW, THEREFORE, the undersigned City Clerk of the City of Oelray Beach, Florida, hereby declares and serves notice that the results of the above-described referendum election were as follows: YES ~ NO .l.1iZ. and thereby, a majority of the voters casting a ballot at the referendum election held on March 13, 1999', have voted to authorize the City to sell the property located at 191 West Atlantic Avenue, also known as All of Block 52, TOWN OF DELRAY BEACH (Plat Book 1, Page 3). DATED this 10#1 day of 1., /If;. ml,,, , 1999. , ()f,'^rm'(JJ'lt' U/I'rllorhf CITY CLERK SWORN TO AND SUBSCRIBED before me this 10 day of ...........~/f;A>I/Job(), 1999. """~';'G:L ~ ~~ ~....::,:.. !;J:t:t;.-;'~,;,_., -~ ~ i ~fr: ()'~}"NOT~Y PUBLIC, State of Florida , ,....,Il" ,cr .",. - ~_. ::tf,'-~.' ~~b;~ission Expires: :T~i~SIU= I'l'An 0' nOlIO,,- ~.... 4.",'; Ie", Ui> )WI: 11 199 '-:~:':'.,~." "i-:~:." IONt'I;D THill; Ci"U~L U.S. 1i/l".4 "'-~ F:..o\\'~.-- . ,~ " .'_ fIECXRJ ~ .".......... PALM BEACH COUNTY, RA. JOlIN B.llIJNIGJ: a.ERK CIRCUfTCOURr