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08-11-09 Agenda Spec WSCITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP MEETING -TUESDAY, AUGUST 11, 2009 6:00 P.M. DELRAY BEACH CITY HALL FIRST FLOOR CONFERENCE ROOM 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 Smith at 243- 7010, 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. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Nelson S. McDuffie has instructed me to announce a Special Meeting of the City Commission to beheld for the following purposes: CONTRACT AWARD/H & .T CONTRACTING INCOPORATED: Approve a contract award to H & J Contracting Incorporated in the amount of $677,121.66 for Old School Square Park Phase I Project. Funding is available from accounts 334-4151-572-63.59 (General Construction Fund/Improvements Other/Old School Square-Pk Improvements), 441-5161-536-63.90 (Water and Sewer Fund/hnprovements Other/Other Improvements) and 448-5461-538-63.90 (Storm Water Utility Fund/Improvements Other/Other Improvements). WORKSHOP AGENDA 1. Presentation on the Delray Beach Digital Divide Project 2. Direction regarding the Old School Square Garage Retail Space 3. Old School Square Annual Report and Budget Presentation 4. Police Department Staffing and Crime Update 5. Presentation of the proposed Utility Rate Structure Modifcations 6. Discussion regarding FY 2010 Budget 7. 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. MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 7, 2009 SUBJECT: AGENDA ITEM SP.1 - SPECIAL/WORKSHOP MEETING OF AUGUST 11, 2009 CONTRACT AWARD/H & J CONTRACTING INCORPORATED ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $677,121.66 to H&J Contracting Incorporated for the Old School Square Park Phase I Project. BACKGROUND The Old School Square site currently fulfills few functions as a park space but has the potential to vastly improve. Though the space is neat in appearance its character is rather bland, this is reflected in the low usage of the park during non-event periods. At the direction of City Commission the architectural firm of Glatting Jackson Kercher Anglin developed a master site plan based on ideas collected during a public workshop meeting and one day design Charrette. Attendees included the general public, City staff, business owners, resident's homeowners associations, special events sponsors and representatives from Old School Square. As a result, the master plan created by Glatting Jackson provides a design that integrates existing architectural features, accommodates and provides improved infrastructure for existing large-scale events, creates and supports ongoing daily use of the park, and provides for smaller scaled events thereby aiding in the expanded economic development of the Old School Square facility. Phase I of construction consists generally of the following: the relocation of existing palm trees and demolition of existing surface parking area; construction of decorative concrete walks and shell surfaced area; and installation of pedestrian site lighting, special events utility boxes, hose bibs, stormwater inlets and piping. Site furnishing will include benches, trash receptacles, bike racks, carousel play structure, landscape and irrigation. The apparent low bidder H&J Contracting Incorporated will provide alllabor, material and supervision necessary for the aforementioned scope of work per plan and specifications. H&J Contracting Incorporated has demonstrated extensive experience working for local government agencies including one project directly for the City of Delray Beach. Bid Tabulation and Location Map are attached hereto for your reference. FUNDING SOURCE Funding is proposed as follows: $621,121.66 account 334-4151-572-63.59 General Construction Fund Parks & Recreation Improvements/Old School Square Park Improvements; $16,000.00 account 441- 5161-536-63.90 W&S/Other Improvements and $40,000.00 account 448-5461-538-63.90 Storm Water Utility Fund/Other Improvements, upon budget transfer. RECOMMENDATION Staff recommends award of contract in the amount of $677,121.66 to H&J Contracting Incorporated for the Old School Square Park Phase I Project. 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VT VT O N Ot F VT VT VT VT VT ~ VT VT VT VT VT VT VT VT VT VT VT N `-' N a 0 l7 C O O O O O O O O O O O O O O O O O~ vt O~ ~ vt .-I O vt O ~O I~ ci W vt O O cO O O O O O O O O O O O O O O N ci 0 0 0 0 0 0 N N O O O vt 0 0 0 0 0 0 0 0 0 0 0 0 0 O~ .-I ci O~ N O .-I vt ~ O ~ m .-I 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ .-I 0 0 0 0 0 0 y y - ~ ~ fL O~ vl ~O I~ .-I N vt m ~ N vt O I~ I~ O Ol r W m I~ 0 N 0 VT vt ci N O m O ~O CO ~ lA .-I N ~O lA ~O c-I I~ m N lA O lA ~ O ~ c-I N m ~ CO r c-I O CO W N O lA O O O I~ O VT O N O VT O N O VT O N O VT O N O VT O N O VT O N O VT O N O VT O~ m ~O ~ m c-I 0 O 0 O 0 c-I cO lp O U vt N vl O N ~ ~ N m m O N I~ ~ W c-I vl N cO m vl ~ N lp vt N m ~ VT N ~ VT lp c-I m c-I ~ ~ N N I~ ~ W ~ N ~ O O l0 ~ VT ci l0 l0 N O O O c-I VT cO m y j d m _ a` ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ N ~ ~ ~ ~ N N N ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O _ 0 0 0 0 0 0 0 0 0 0 0 vt O O O O N O O O O vt O O O O O O O O O O O O O O O O ~O N N I~ W O ~O .-I N O ~ 0 0 0 0 0 0 O O O a tp O 0 ~o VT 0 o O~ 0 n ci 0 o I~ 0 o O 0 o ~ 0 o ~ 0 o m 0 ~n N cO ca cO ~O ~o ~O I~ n N ci ~n O o O N ~o N O o ~ m ~ I~ .~ W N .~ cO N o N m .~ I~ cO w ~ X o c-I 0 ~o m 0 o ~O vt o ~ O ~o O O ~n ~O O o ~O O w c-I ~ ca N O o O O .~ W N m ~ vt n c-I O a c-I ~ ca O~ cO a cO .-I ~m VT N m VT ci ~ VT vt ~n ci O~ a N O~ m m m o m vt ~o ~ vt a ci ~O m O~ X m O~ 0 m ~ 0 o O~ 0 o O 0 o ci .-I ~n O ca N R .ti ~p O o N R .~+ R O ~ N VT VT ci m ci N VT VT VT VT ~ cO cO VT VT ~ VT N VT ci VT VT ci VT VT VT N VT VT VT VT VT VT VT VT VT VT VT VT N ci VT VT N N N V C lA lA lA lA lA lA ~ lA lA lA lA lA lA lA lA N H .... 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v v 3° o ~ m o ~ v a~ 3 v u o v ~ 3~ v a x w ~~ -~ h h~ a o g~ vii ~ Y v n o= m~ ° ° ~ o o ' ~ v ~ ~n c ~a ~ ~ m ¢ .u ~, o v _ ~ m C7 071 >> N >' ~ C C ~, O E Q v N N CC ~a ~a '6 ~ ~- - O~ O O N N C C _ v~ m v m.~ ~ 9 ~ :«~ 3 vi `o o ~ `w -o Y o o ~ ¢ ~° ., v v h v ~ ° E Y - ~ ~ ~ a o c7 m m m ~ w ~ ' cc ~ v Q m - ~ ~ ~ 9 . ~ w ~ ~ LL ~ 9 Q o ° E v t v ~ ~ ~' ~ Y w ._ o o ~, .~ ° ~, ~ t ~ o ~ ~ ~ ~ o ~ 9 ° ~ ~ a v ~ 9 ~ ~ ~' ~ ~ ~~ '° m m m ~ o E '~ m ~ ~ ~ o ~, ° o y Y ~- O w w v o ~ w~ ~ v~~ ~ ~~ m v v t o w '° ~ w~ :o °° E E w ~ '~° ~> 0 E~ ' ' ' ° ~~ v w ~ o J ~ ~ t 5 t o o ~ ~ ~ cc ~ vi ~ w ~ .~ ~ a a ~ ~ ~ V V (7 ¢ m ~ Q ~ ~ om > > v cc C7 m` ~ ~ cc m v '~ vi (7 ~ ¢ a V w a = C7 > - Q E ~ cc Q - m Q tt v W y ci N m a N ~ r W O~ O c-I .-I c-I N c-I m c-I a N vl c-I ~ c-I r c-I W c-I O~ c-I O N ci N N N m N ~ N vt N ~O N I~ N W N O~ N O m .-I m N m m m ~ m vt m ~O m I~ m W m O~ m O ~ .-I ~ N ~ m ~ a ~ N ~ ~ ~ r ~ W ~ O~ ~ O ~Il .-I ~Il N ~Il m ~Il a ~Il N ~Il ~ (7 a+ F Q 0 m 5. 0 o= E 0 00 I 0 0 N M N C ° 3 z U 6 ~ _ a :.;. z j ~ o z ~~ 3 ai ~ a~ cs ._ of 0 ~~ 0 -., r-~ 0 0 0 N ~ 1 ~ ... U QJ O ~, ~~ MITI w Q 0 z N w z ~° ~ CITY of DELRAY BEACH OLD SCHOOL SQUARE PARK DATE: 07/23/2009 ~~e ENVIRONMENTAL SERVICES DEPARTMENT PHASE I OLD SCHOOL SQUARE }y ©©Q 434 30UTH SWINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2006-053 1 OF 1 _: MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 7, 2009 SUBJECT: AGENDA ITEM WS.1 - SPECIAL/WORKSHOP MEETING OF AUGUST 11, 2009 DIGITAL DIVIDE PRESENTATION ITEM BEFORE COMMISSION The item before Commission is a presentation by Palm Beach Broadband regarding the Delray Beach Digitial Divide project. BACKGROUND Palm Beach Broadband will provide a presentation to Commission on the Delray Beach Digital Divide project. This group is working on a Palm Beach County application for Federal economic stimulus funding and would like to get a letter of support from the City Commission. The Digital Divide project in Delray Beach plans to provide wi-fi access in the West Atlantic Avenue Area. The group will be requesting City/CRA funding for FPL annual pole attachment fees and monthly electrical fees for the wi-fi radios. The following documents are attached: Presentation document from Palm Beach Broadband, equipment quotation and project map, and FPL pole attachment fee agreement. I~. ~} ,_ n_ ~~ I 'y f ~~ °~ a ~- o ~i ...E `~~ ~~~ ,~ ~`~;' G ~~j ^~- d ... i ':;~~ ,. ,~ -.,I~K ~~ "T O ~ ~I ~!{ w V sI~ ~UlJ~ ice: O~ R •~ ~'. ~ ~x ' e ~~ V .. I i~ ~ ~~ YI'i ~~ ~Fequest fnr Q~o~a~ion~ #m'~~e~ci~ Cae~ri Mi1te Bu#le pate. I~espc~e~+r ~iam~: Tert~s _ "~`re~ M~' 111~1/ZOfl9 ~athenne,.~ozza~ave 8fl0-249 998 tN~'~~Q N~dtte 9~''age ` of 2 Request' poi Quataiiorr P~i)m~,eaC[7 COUht~x ft~i~~k'e B~eit(er [late R~spoirtlei~ ~ta~te _ Tenors "~'~ig""tf$ ~5L2Q`., E4~thersrte_S~QZZa#ave 8Ct0-249-9928. Nei: ;Q N~`t'~. a - -.. ~. ~ ice, ice ~ ~ .;: ~ ~, ~: i~ri~tao afire i~ax~ 48th-7fi0-9 ,~Q0-54~-Zd37~ .X .~~~; Page 2 0€ 2 Agreement Behueert I'alrtt Beach Cotrrtty, the G`ihj of DelrreJ Be~clr and the Delray Beach Corrtiitttnity RedeuelopnrentAgency Re: ~'nyrnentaflPLPoreAttachmentFeesfarDelr•ayBeach Interlocal Agreement This Interlocal Agreement ("Agreement"} regarding the payment of Florida Power & Light {"FPL") attachment and service fees for the Delray Beach Digital Divide Froject is entered into this day of , 2oog, by and between the City of Delray Beach, a Florida municipal corporation (the "City"), the Delray Beach Community Redevelopment Agency, a public body corporate and politic of the State of Florida (the "CRA"}, and Palm Beach County, a political subdivision of the State of Florida (the "County"). WITNESSETH THAT: WHEREAS, Section 163.01 of the Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1469", authorizes local governmental units to make the most efficient use of their: powers by enabling them to cooperate with other Localities on a basis of mutual advantage and thereby to provide set•vices and facilities in a manner and pursuant to fortes of governmental organization that will harmonize geographic, economic, population and. other factors influencing the deeds and development of local communities; anti WHEREAS, Pat•t I of Chapter 1°63 of the Florida Statutes permits public agencies as defined therein to eater into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the City, CRA and County recognize the need to provide WiFi Internet access to certain residents of the Delray Beach area of Delray Beach in conjunction with the efforts of both Palm Beach Broadband and the Delray Beach Digital Divide Project; and WHEREAS, the Digital Divide Project in Delray Beach has numerous community organizations participating including the School District of Palm Beach County, Van Arnem Properties, the TED Center and the Education Commission of Palm Beach County; and WHEREAS, the County has agreed to pat•ticipate by installing, on FPL street light poles, not more than b~ WiFi antenna in the Delray Beach area to provide wireless Internet access; and page i of ~ AgreerrtentBehuee~t 1'nTnt Beach Cauit#y, the City ofDeTrny Beach and tl[e Dc1~~ny Bench Co~remtettity Redeueiapt~tent AQeitcy Re: ~'aymentofx'Pl.l'deA#tacltiite~ttl%eesfo~~Der~~nyBench WHEREAS, the CRA, and City, as sponsors of this project, perceive this project to be of great value to its participating citizens; and W1EiEREASS, FPL requires an annual Street Light Bracleet Attachment fee currently $1iy.yo, as well as a monthly electrical service fee currently estimated to be $~.oo for each street light antenna that must be billed directly to the WiFi antenna owner. These fees are in addition to the Street Light fees for which the City of Delray Beach is and will continue to be directly responsible to FPL under a separate agreement between the City and FPL. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the parties do mutually agree as foIlows: AGREEMENT Section 1 Purpose and Fee Ap ru oval The purpose of this, Agreement is to implement a billing process whereby the County will invoice the GRA and City'for FPL street light bracket-antenna attachment fees. The CRA and City view these attachment fees as representation of their participation as Sponsors of the Digital Divide project. The CRA shall be responsible for payment of the fees for pales located within the boundaries of the Delray Beach Community Redevelopment District and the City shall be responsible for the payment of the fees for the rerr~aining poles within Delray Beach. Such fees shall be for authorized attachxnents in accordance with Section 4.i (a} and (b} of the Street Light Bracket Attachment Agreement between FPL and the County and in accordance with the Wireless Internet Electric Service Agreement between FPL and the County. Section 2 ~nroval The CRA and City approves the payment of the charges for up to sixty--five (65} WiFi antenna in Delray Beach. FPL will provide the County with a bill in two forms, a monthly electrical service bill for each street light used in the project and an annual attachment fee. This Agreement shall become effective upon its execution by both parties. Additional antenna installations within the Delray Beach CRA District shall require the prior written approval of the CRA's Executive PagB 2 Of ~ Agt•eerrtent Beteueen Paint Beach Cnttrtty, the CihJ afDeIr•ny BeneTt and the Delt•ny Bettclt Corrtrr:unity RedeusloptttentAgency Re: Paynterttofl'PLPoTeAttncltmentTeesfor•DelrnyBeccch Director and additional antenna installations within Delray Beach (but outside the Delray Beach CRA District) shall require the prior written approval of the City's Director of Support Services. Section 3 Term The term of this Agreement, unless terminated as provided herein, is a period of one year. This Agreement shall automatically be renewed annually unless either party gives written notice of termination of this Agreement as provided for in Section 13 herein. Section 4 County's Responsibilities for the Street Light Antenna The County shall be responsible for the routine, day-to-day management of the street light antenna. The County will work closely with the City's IT management staff and street light personnel regarding the planning and placement of each antenna. Section ~ Xndemnification and Hold Harmless The City, CRA and the Colia~ty recognize their respective liabilityfnr certain tortuous acts of its agents, officers, employees, and invitees, and agree to be responsible, respectively, for ait claims, liability, losses, anal/or c<~tiscs of action that may arise from any negligent act or omission due to the acits of its agents, servants, or employees: Such liability is subject to the provisions of law, including the limits included in Section ~b$.2$, Florida Statutes, which sets forth the partial waiver of sovereign immunity to which governmental entities are subject, It is expressly understood that this provision shall not be construed as a waiver of any right or defense that the parties have under Section ~b$.2$ or any other statute. Each party agrees to maintain sufficient professional, general liability, and workers' compensation coverage, unless self-insured, regarding its respective liability throughout the term of this Agreement. This Agreement does not provide third parties with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege, except the provisions hereof involving indemnification or limitation of liability of the City, CRA and the County. Section 6 Damage Caused by Disasters Should the Network be damaged or destroyed by a natural or man-made event to the extent that the cost to repair or replace the line, including utility pole replacement, exceedsjo% of the original installation costs, this Interlocal Agreement is automatically terminated unless the governing bodies of the CRA, City and County authorize its continuation and associated funding Page 3 of ~ Agreement I3etrueet: ~'aIm Beaclt County, the City ofDelray Beach and the Delray Beach Comnntrtihj RedeuefopntentAgency Re: Payment ofFYLPoIeA#tachrnentFeesforFelrayBeach to repair or restore the affected area(s) (it is my understanding that none of the Auxiliary Routes are owned by the City/CRA) Section ~ Miscellaneous No provision in this Agreement shall provide to any person not a party to this Agreement any remedy, claim, or cause of action, or create any third-party beneficiary rights against either party. In the event that any one or more of the provisions in this Agreement shall for any reason be held to have no farce and effect, this Agreement shall, if possible, be interpreted in a manner so as to effectuate the intention of the parties. Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. All disputes related to this Agreement shall in the first instance be referred to the appropriate executives of each party for resolution. This Agreement is the subject of negotiation between the parties and should not be interpreted more favorably toward ane party over the other. Section S Notice Any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by hand or by certified mall, postage prepaid, and certified return receipt requested to the following addresses or such other addresses as the parties may provide to each other in writing: To CITY: City Administrator City of Delray Beach Delray Beach, Florida Telephone: With a copy to: City Attorney City of Delray Beach Delray Beach, Florida Telephone: With a copy to: xxx ,Director of IT City of Delray Beach Page 4 of ~ AgreentetttBehueen Palm Beach Counhj, the City ofDelray Beac)t and the Delray Leach CoiriTnunity RedeuelapmentAgeney Re: Payment ofFPLPoIeAttachmentFeesforDeh~ayBeac)s XXXXXXXXXXXXXxXXXXX Delray Beach, Florida Telephone: To CRA: CRA Executive Director Delray Beach Community Redevelopment Agency xxxxxxxxxxxxxxxxxxxxx Delray Beach, Florida Telephane; With a copy to; City Attorney City of Delray Beach Dehay Beach, Florida Telephone: To CUiTNTY: Robert Weisman, County Administrator Palm Beach County Board of County Commissioners 3oi N. Olive Avenue, 11~~` FL Delray Beach, FL 33401 Telephone: 56 ~~355~ 212 With a copy to: Paul King, Assistant County Attorney County Attorney's Office Palm Beach County Board of County Commissioners 3oi N. Olive Avenue Delray Beach, FL 334oi Telephane: 561-355-2225 With a copy to: Steve Bodelon, Director ISS Palm Beach County Board of County Commissioners 3oi N. Olive Avenue Delray Beach, FL 3340~- Telephone: 56x~3~5-zzz5 Page 5 of 7 Agreement Behueen Palm Beads Comiiy, the City afbeiray Beacle mid the l7eiray Beach Commu~tily Redeuelolimen t Agency Re: ~PaynzentofFYI,PoIeAttaclsmentx'eesforbelrayl3each Section 9 Entire Agreement This Agreement represents the entire agreement between the CRA, City and the County and supersedes all prior agreements or representations, whether written or oral, with respect to the subject matter hereof. No provision of this Agreement may be changed or amended except by written agreement signed by both Agencies. This Agreement shall be binding upon the C1tA, City and the County and their respective successors and assigns. Section ~o Filing This Agreement will become effective upon filing a copy of the signed Agreement with the Palm Beach County Clerk & Comptroller's Office. Section ~~ Participation This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have participated in drafting the same. Section 12 Venue for Dispute Resolution This Agreement shall be construed in accordance with the laws of the State of Florida. Should any litigation arise from this Agreement, venue shall lie in Palm Beach County, Florida. Section ~~ Binding Agreement This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. Section i4 Subject to Funding This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the CRA. In the event funds to finance this Agreement become unavailable, the City or CRA may terminate this Agreement upon no less than thirty (30} days notice to the County. The City or CRA, as applicable, shall be the sale and final authority as to the availability of funds. Page 6 of ~ Agr•eenrent 1Tetrveen Palrrt 13eaclt County, the L`ity of berr•ay Beath. and the 17c1ray Beach Carrrrruerrity Redeuelolrrrtent Agerrcy Re: PaynzeritafFl'1.~'oleAitachrnerstl'~eesfar•Defr•a}/13eaclt ATTEST: Palm Beach County, Florida, By Its Board of County Cornxnissioners Sharon R, Bock, Clerk & Comptroller By: By: Deputy Clerk JefFF. Koons, Chairperson {SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: By; County Attorney Director, IBS ATTEST: City of Delray Beach By: By: City Clerk Woody McDuffie, Mayor APPROVED A3 TO FORM AND. LEGAL SUFFICIENCY By: Date: ATTEST: Dclray Beach Community Redevelopment Agency By; By: Secxetaxy XXX, Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: _ Date: Page ~ of ~ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: August 7, 2009 SUBJECT: AGENDA ITEM WS.2 - SPECIAL/WORKSHOP MEETING OF AUGUST 11, 2009 DIRECTION REGARDING THE OLD SCHOOL SQUARE GARAGE RETAIL SPACE ITEM BEFORE COMMISSION This item before the Commission is a discussion regarding the options for the Old School Square garage retail space. BACKGROUND At its July 14 workshop meeting the Commission gave staff direction to proceed with obtaining an updated appraisal and to analyze the two options, lease purchase agreement over a 4 year time period or hold onto the property for sale at a future date (backup for each option is attached). An updated appraisal has been obtained, the revised value is $1,350,000.00 (copy of appraisal is attached). Subsequent to the July 14 meeting the City's bond counsel, Steve Sanford, was contacted regarding the sale of the retail space and the $3 million taxable line of credit (See the attached letter from Joe Safford to Mr. Harden). It appears that there may be an issue regarding the time frame for the lease purchase option. Mr. Sanford will be present at the workshop meeting to explain and/or clarify the issues related to the options and the possible impact on the garage bond issue. Also, the Finance Department is preparing an analysis of the lease purchase and holding the property for future sale options. RECOMMENDATION Commission discretion. $3.000.000 Taxable Line of Credit for OSS Retail Space (10.000 S.F.1 Option for Lease/Purchase Option amount Term Buildout will serve as the deposit Square Footage (approx.) Annual Base Rent @$14.00/s.f. Monthly Base Rent Rent Abatement for 1st 6 months Analysis Original Line of Credit Base Lease Payments 48 months Less: First 6 month abatement Actual Base Lease payments Purchase Price Less: Base Lease payments applied Purchase Price at end of lease Net City Cost Interest cost City Cost $ 1,440,000 48 months 10,000 140,000 11,667 3,000,000 560,016 -70,000 490,016 (490,016) 1,440,000 (490,016) 949,984 (949,984) 1,560,000 319,427 1,879,427 Note: Net City Cost does not include interest on unpaid balances for the lease term at an estimated 2.5% annual rate. Closing costs are excluded. Option to Hold Property If the City decides to hold the property for the 48 month term, the estimated interest cost is $341,303 based on the same 2.5% rate. It is important to note that the line of credit is based on a variable rate based on the 30 day LIBOR plus sixty-two and one half basis points (.625). The current rate is .93% and the line of credit expires June 1, 2013. Line of Credit Interest Interest Payments Balance Rate Cost To Date 3,000,000 3,000,000 41,303 10/1/09 9/30/10 70,002 2,929,998 2.5% 74,125 10/1/10 9/30/11 140,004 2,789,994 2.5% 71,500 10/1/11 9/30/12 140,004 2,649,990 2.5% 68,000 10/1/12 9/30/13 140,004 2,509,986 2.5% 64,500 Purchase 10/1/13 949,984 1,560,002 City Pay 41,548 1,560,000 2 319,427 Line of Credit Interest Interest Payments Balance Rate Cost To Date 3,000,000 3,000,000 41,303 10/1/09 9/30/10 0 3,000,000 2.5% 75,000 10/1/10 9/30/11 0 3,000,000 2.5% 75,000 10/1/11 9/30/12 0 3,000,000 2.5% 75,000 10/1/12 9/30/13 0 3,000,000 2.5% 75,000 341,303 APPRAISAL OF A 10,289 SQUARE FOOT COMMERCIAL CONDOMINIUM UNIT LOCATED IN THE OLD SCHOOL SQUARE PARKING GARAGE CONDOMINIUM DELRAY BEACH, FLORIDA FOR CITY OF DELRAY BEACH BY ROBERT B. BANTING, MAI, SRA STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ4 AND GARY K. ORR STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ2335 WITH ANDERSON & CARR, INC. 521 SOUTH OLIVE AVENUE WEST PALM BEACH, FLORIDA 33401 DATE OF VALUE: JULY 29, 2009 DATE OF INSPECTION: JULY 29, 2009 DATE OF REPORT: AUGUST 3, 2009 FILE NO.: 290351 ROBERT B. BANTING, MAI, SRA, PRESIDENT FRANK J. CARDO, MAI, VICE PRESIDENT State-Certified General Real Estate Appraiser RZ4 State-Certified General Real Estate Appraiser RZ1190 ,~~~~soN ~ c,~~, ANC. «««««««««««««««««««««««««««««««««««« Appl^aisel^s IReaItO~S »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»» 521 SOUTH OLIVE AVENUE WEST PALM BEACH, FLORIDA 33401 www.andersoncarr.com Telephone (561) 833-1661 Fax (561) 833-0234 August 3, 2009 R. Brian Shutt, City Attorney City of Delray Beach 200 Northwest 15t Avenue Delray Beach, Florida 33444 Dear Mr. Shutt: (~altveScr~lr~c eSrr~ec 197 At your request, we have appraised the Retail Northeast Condominium segment of the Old School Square Parking Garage located at the southwest corner of Pineapple Grove Way and Northeast 1st Street in downtown Delray Beach, Florida. The purpose of this appraisal is to estimate the market value, fee simple estate, of the subject unit, as of July 29, 2009. The intended use of this report is for disposition considerations. The intended user of this report is the client, the City of Delray Beach. The subject consists of a single commercial condominium unit on the ground floor of the Old School Square Parking Garage. The unit contains 10,289 square feet and is an unfinished shell with no flooring, ceiling, interior electrical, plumbing, or air conditioning. The property is located in Pineapple Grove, a quaint, mixed use, shopping and living extension of popular downtown Delray Beach. The subject unit faces Northeast 1st Street with the end of the unit on Pineapple Grove Way. Intentions are for sale of the subject unit as a shell with no interior finish and we have valued the property accordingly. The parking garage contains 540 parking spaces for public use with no parking fees at this time. None of the parking spaces are being sold with the unit or assigned for specific unit use. Due to the amount of parking in the garage, street parking, and two other recently completed parking garages nearby, public parking for the subject unit should be sufficient. We have used a sales comparison approach in valuing the subject property. Due to several factors (current owner occupancy market trends, size, and unfinished nature of the unit) an income analysis of the property is not applicable. Due to the condominium form of ownership, the cost approach is not applicable. Our value conclusion is based on market norms where the seller pays a 6 to 8 percent real estate commission (typical for commercial properties) and some closing costs, generally 1.5 percent. These seller expenses are built into the value estimate. In 2008 we appraised commercial condominium space in the Old School Square Parking Garage. Since our previous appraisals, we have found a few sales and listings at noticeably reduced prices. Furthermore, recessionary economic and market conditions have continued and the unavailability of commercial financing has further adversely affected prices. ,ANDERSON & CARR, INC. R. Brian Shutt, City Attorney City of Delray Beach August 3, 2009 We have utilized commercial condominium sales found in the Delray Beach market with additional sales outside of Delray Beach, plus freestanding building sales. We have also reviewed current listings in Delray Beach which show considerable price reductions. We have also taken into account current recessionary market conditions, the cost to finish the subject interior, and a general lack of available financing. We also considered the fact that the subject is too large in size for most owner-users with a market value well below values for smaller finished units. We have concluded a value for the unfinished subject unit at $130 per square foot. As a result of our analysis, we have developed an opinion that the market value of the subject unit (as defined in the report), subject to the definitions, certifications, assumptions, and limiting conditions, as set forth in the attached report, as of July 29, 2009, was: ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($1,350,000) The following presents the appraisal in a summary report. This letter must remain attached to the report, which contains 54 pages, in order for the value opinion set forth to be considered valid. Your attention is directed to the Assumptions and Limiting Conditions, which follow. Respectfully submitted, RBB/GKO:cmp ii ,ANDERSON & CARR, INC. TABLE OF CONTENTS Page No. Summary Of Important Facts And Conclusions .....................................................1 Certification .............................................................................................................. ..3 Assumptions And Limiting Conditions .................................................................. ..4 Subject Property Photos ........................................................................................... ..7 Location /Area Maps ............................................................................................... 12 Satellite Images ......................................................................................................... 13 Plat Map .................................................................................................................... 15 Purpose And Date Of Appraisal ............................................................................. 16 Property Appraised .................................................................................................. 16 Legal Description ..................................................................................................... 16 Intended Use And User ........................................................................................... 17 Client ......................................................................................................................... 17 Definition Of Market Value .................................................................................... 17 Property Rights Appraised ...................................................................................... 18 Typical Buyer Profile ................................................................................................ 18 Scope Of Assignment ............................................................................................... 19 Natural, Cultural, Recreational . ............................................................................. 19 Historical Or Scientific Significance ....................................................................... 19 Exposure /Marketing Time ..................................................................................... 19 Neighborhood Data .................................................................................................. 21 Property Data ............................................................................................................ 24 Highest And Best Use .............................................................................................. 31 The Valuation Process ............................................................................................. 32 Sales Comparison Approach ................................................................................... 33 Conclusion Of Value ............................................................................................ 53 Qualifications for Robert B. Banting, MAI, SRA (State-Cert Gen REA RZ4) Qualifications for Gary K. Orr (State-Certified Gen Addendum (Letter of Intent, Proposed Build-out) ,ANDERSON & CARR, INC. SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Property Owner: Property Rights Appraised: Special Assumption: Unusual Market Externality: City of Delray Beach City of Delray Beach Fee Simple None special Recessionary economic and market conditions. Location: Southwest corner of Pineapple Grove Way and Northeast 1st Street, Delray Beach, Florida. Project Site/Land Area: 1.26 Acres Improvements: One of two, ground floor, commercial condominium units containing 10,289 square feet situated in a new, concrete, tilt-up, four story (plus roof) 540 space parking garage complex Hazardous Waste Conditions: Zoning: None apparent Old School Square Historic Arts District and Central Business District Comprehensive Land Use: Flood Zone & Map Number: Commercial Core Zone `X', Map 125102-0004-D, Dated January 5, 1989. 1 ,ANDERSON & CARR, INC. Current Unit Use: Commercial condominium unit Highest and Best Use: Commercial condominium unit Value Conclusions: Cost Approach: N/A Income Capitalization Approach: N/A Sales Comparison Approach: $1,350,000 Final Value Conclusion: $1,350,000 Date of Value: July 29, 2009 Date of Report: August 3, 2009 Date of Inspection: July 29, 2009 Appraisers: Robert B. Banting, MAI State-Certified General Real Estate Appraiser RZ4 Gary K. Orr State-Certified General Real Estate Appraiser RZ2335 2 ,ANDERSON & CARR, INC. CERTIFICATION I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon the developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute and the State of Florida Division of Real Estate, Florida Real Estate Appraisal Board, relating to review by their duly authorized representatives. As of the date of this report, Robert B. Banting, MAI, SRA has completed the continuing education program of the Appraisal Institute. Robert B. Banting and Gary K. Orr made a personal inspection of the subject property. No one provided significant real property appraisal assistance to the person signing this certification. _ ~~ r . ~ State-Certified General Real Estate Appraiser RZ4 3 ,ANDERSON & CARR, INC. ASSUMPTIONS AND LIMITING CONDITIONS 1. Unless otherwise stated, the value appearing in this appraisal represents our opinion of the market value or the value defined AS OF THE DATE SPECIFIED. Values of real estate are affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. Possession of this report or any copy thereof does not carry with it the right of publication nor may it be used for other than its intended use. The physical report(s) remains the property of the appraiser for the use of the client. The fee being for the analytical services only. The report may not be used for any purpose by any person or corporation other than the client or the party to whom it is addressed or copied without the written consent of an officer of the appraisal firm of Anderson & Carr, Inc. and the client stated herein, and then only in its entirety. 3. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations efforts, news, sales or other media without written consent and approval of an officer of Anderson & Carr, Inc. and the client nor may any reference be made in such public communication to the Appraisal Institute or the MAI, SRA or SRPA designations. 4. The appraiser may not divulge the material contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee, as specified in writing except as may be required by the Appraisal Institute, as they may request in confidence for ethics enforcement or by a court of law or body with the power of subpoena. 5. Liability of Anderson & Carr, Inc. and its employees is limited to the fee collected for the appraisal. There is no accountability or liability to any third party. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that make it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering that might be required to discover these facts. 7. This appraisal is to be used only in its entirety. All conclusions and opinions concerning the analysis which are set forth in the report were prepared by the appraisers whose signatures appear on the appraisal report. No change of any item in the report shall be made by anyone other than the appraiser and the appraiser and firm shall have no responsibility if any such unauthorized change is made. 4 ,ANDERSON & CARR, INC. 8. No responsibility is assumed for matters legal in character or nature, nor matters of survey, nor of any architectural, structural, mechanical, or engineering nature. No opinion is rendered as to the title, which is presumed to be good and merchantable. The property is appraised as if free and clear, unless otherwise stated in particular parts of the report. 9. No responsibility is assumed for accuracy of information furnished by or from others, the clients, his designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit when possible. All are considered appropriate for inclusion to the best of our knowledge and belief. 10. The contract for appraisal, consultation or analytical service is fulfilled and the total fee payable upon completion of the report. The appraiser or those assisting the preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal in full or in part; nor engaged in post- appraisal consultation with client or third parties, except under separate and special arrangement and at an additional fee. 11. The sketches and maps in this report are included to assist the reader and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status, as of the date of the photos. 12. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 13. The distribution of the total valuation of this report between land and improvements, if any, applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal, no matter how similar and are invalid if so used. 5 ,ANDERSON & CARR, INC. 14. No environmental or impact studies, special market studies or analysis, highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or conclusions upon any subsequent such study or analysis or previous study or analysis, subsequently becoming known to him. 15. The value estimated in this appraisal report is gross without consideration given to any encumbrance, restriction or question of title, unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon the race, color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 16. This appraisal report has been prepared for the exclusive benefit of the City of Delray Beach for disposal (sale) considerations. It may not be used or relied upon by any other party. Any party who uses or relies upon any information in this report, without the preparer's written consent, does so at his own risk. 17. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible non-compliance with the requirements of the ADA in estimating the value of the property has not been considered. 18. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS. 6 ,ANDERSON & CARR, INC. SUBJECT PROPERTY PHOTOS Front view of the subject corner unit (first floor) ,ANDERSON & CARR, INC. Front view of the subject unit facing Northeast 1st Street ,ANDERSON & CARR, INC. South side view of the Old School Square Parking Garage complex ,ANDERSON & CARR, INC. ~~ Looking north on Pineapple Grove Way with the subject on the left ,ANDERSON & CARR, INC. ~~ Looking west on Northeast 1st Street with the subject on the left ,ANDERSON & CARR, INC. LOCATION /AREA MAPS ~~ ,ANDERSON & CARR, INC. SATELLITE IMAGES ~~ ,ANDERSON & CARR, INC. ~~ ,ANDERSON & CARR, INC. PLAT MAP ~~ ,ANDERSON & CARR, INC. PURPOSE AND DATE OF APPRAISAL The purpose of this appraisal is to estimate the market value, fee simple estate, of the subject commercial condominium unit with no interior finish, as of July 29, 2009. The subject is a large, single, commercial condominium unit that was originally designed to be five smaller units (about 1,400 to 3,400 square feet). On a value per square foot basis, the value of a single, large unit like the subject is considerably less than that of the individual smaller units. PROPERTY APPRAISED The subject property consists of a single commercial condominium unit situated at the southwest corner of Pineapple Grove Way and Northeast 1st Street. The unit totals 10,289 square feet and has an unfinished interior (dirt floor, exposed concrete ceiling, concrete walls, no interior electrical, and no air conditioning systems). The unit is situated on the ground floor of the Old School Square Parking Garage. The project includes one other ground floor unit that faces Northeast 1st Street and contains 6,189 square feet. The Old School Square Parking Garage is a four story building of concrete tilt- up construction with 540 parking spaces including roof deck parking. The parking garage is to remain public with the subject commercial condominium space to be sold for private use. Each commercial condominium unit user/purchaser will need to complete the interior unit finish for their particular use and there are no assigned parking spaces allocated to the units. LEGAL DESCRIPTION Retail Northeast Condominium, Old School Square Parking Garage, Declaration of Master Covenants, Easements and Restrictions yet to be filed. Source: Based on drawing by Heller -Weaver and Sherementa, Inc. Engineers, Surveyors, and Mappers, dated 10/15/08. 16 ,ANDERSON & CARR, INC. INTENDED USE AND USER The intended use of this report is for disposition (sale) considerations. The intended user of this report is the client, the City of Delray Beach. This report has been prepared utilizing generally accepted appraisal guidelines, techniques, and methodologies as contained within the Uniform Standard of Professional Practice (USPAP), as promulgated by the Appraisal Foundation. As State-Certified Appraisers, we are bound by these standards and regulated by the Florida Real Estate Appraisal Board of the Florida Department of Professional Regulation. CLIENT City of Delray Beach 200 Northwest 1st Avenue Delray Beach, Florida 33444 DEFINITION OF MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated; buyer and seller are well informed or well advised, and acting in what they consider their best interest; a reasonable time is allowed for exposure in the open market; Payment is made in cash in U. S. dollars or in terms of financial arrangements comparable thereto; and the price represents normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Source: 12 C.F.R. Part 34.42 (g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9, 1992; 59 Federal Register 29499, June 7, 1994. 17 ,ANDERSON & CARR, INC. PROPERTY RIGHTS APPRAISED Fee simple estate is defined as absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. Source: The Dlctlonary of Real Estate Appraisal, Fourth Edition, American Institute of Real Estate Appraisers, 2002, Pg 113. In this case, the fee simple ownership is for the subject commercial unit under a condominium form of ownership. Additionally, there are other restrictions such as use (including no community offensive stores or shops) and store front design, painting, etc. TYPICAL BUYER PROFILE The subject is an unfinished, single, commercial condominium unit. The current trend for commercial condominium units is for purchase for owner occupancy. However, the subject is a large unit of 10,289 square feet with typical units in the 1,000 to 2,000 square foot range selling with at least a vanilla shell finish. The subject's greatest potential lies in a division into smaller bays with a vanilla shell finish. However, the unit has potential for a single owner/user also. In fact, an intended purchaser plans to complete the unit for use as a music cafe and intereet deli restaurant. A typical purchaser would be an owner/user or an investor who would divide the unit for resale. In the case of either a potential investor a highly discounted price would be demanded in order to undertake the risk under current economic and market conditions. 18 ,ANDERSON & CARR, INC. SCOPE OF ASSIGNMENT In keeping with the purpose of the appraisal and the appraisal process, the appraisers have engaged in original research to provide a complete analysis for the client. Data from analysis has been gathered from various sources, such as the Palm Beach County Public Records, First American Real Estate Solutions, Costar Group, county and local planning & zoning departments, local realtors, property owners, and other appraisal offices. The product of our research and analysis is formulated within this report for analysis of and direct comparison with the subject property being appraised. Additionally, we have used original research performed in preparation of other appraisals by this office, which is considered appropriate for the subject property. The City of Delray Beach is intending to sell the subject commercial condominium unit on the open market and have requested a value for this space as a single unit. This appraisal is presented in a summary narrative report. NATURAL, CULTURAL, RECREATIONAL, HISTORICAL OR SCIENTIFIC SIGNIFICANCE To the best of our knowledge the subject property does not possess any natural, cultural, recreational, or scientific value. If this assumption is incorrect and the subject property does in-fact exhibit any of these values the appraiser reserves the right to revise this report in order to analyze these factors, which may result in a revised estimate of value. EXPOSURE /MARKETING TIME Exposure and marketing times only impact value when properties are on the market for extended periods. Estimating a value that a property may not be able to acquire for a year or two needs consideration to reflect what a seller could expect to acquire if the property were sold in the near future, say 6 to 12 months. When exposure and marketing periods are short these factors do not affect current values. That is, no discount or deduction is needed to reflect what the property would sell for within a reasonable time frame. Exposure and marketing periods for the subject market have been expanding. Avery reasonable price is required to attract a buyer in today's market. 19 ,ANDERSON & CARR, INC. We researched about 160 sales of office and retail properties in Costar in Palm Beach County over the past year (July 2008 through July 2009). Prices ranged from $67,550,000 for multi-property purchases to $125,000 for small single user properties. Marketing times ranged from 1 day to 690 days. The mean marketing time for office properties was 236 days, 296 days for retail sales, and 252 days overall. This excluded four sales with marketing times of 919 days to 1,329 days as they were listed with unrealistic asking prices and sold for less than half the asking prices. Based on the forgoing we conclude exposure and marketing periods of not more than 12 months for the subject based on a realistic asking price and competent marketing. The subject property has been listed for sale at an asking price of $2,000,000 for about six months with a current offer of $1,440,000. 20 ,ANDERSON & CARR, INC. NEIGHBORHOOD DATA The subject property is located in the City of Delray Beach in southeastern Palm Beach County. Delray Beach has been one of the county's `hottest' real estate markets and one of the forerunners in downtown revitalization. The subject property is situated within in the downtown core in the Old School Square and Pineapple Grove locale. Pineapple Grove was the original private sector anchor in downtown redevelopment. It was a quaint, trendy four block long strip of small shops, boutiques, restaurants, and nightclubs when first redeveloped. The strip now includes several new upscale mixed use projects with others planned. Total revitalization is nearing. Old School Square is an historic cultural center and was the original governmental sector in early revitalization of downtown. 21 ,ANDERSON & CARR, INC. The subject locale is an extension of the East Atlantic Avenue neighborhood, the main, revitalized Delray Beach legacy. Redevelopment of this strip has extended north and south along US 1 and westward to 5th Avenue. The area includes renovated classic and historic buildings, numerous upscale townhouse projects, and many new governmental facilities. Pineapple Grove Way and East Atlantic Avenue are the premier nightlife and pedestrian shopping districts. Secondary popular streets are those that extend north and of the Avenue. East and west streets are generally neighborhood throughways. The subject commercial units front on Pineapple Grove Way (a fashionable pedestrian strip) and Northeast 1st Street (a two lane, one-way downtown bypass road). Pineapple Grove Way is by far the more desirable of the two. The subject, in general, has a desirable location. Across the street to the east is the Ocean City Lumber Company complex. To the northeast across the intersection is the recently completed Astor mixed-use complex. One block north is the new City Walk mixed-use project, and across the street to the north is a half block assemblage destined for a new mixed use project. Continued redevelopment of the area is forecasted but at this time it has been postponed by recessionary economic conditions. A few projects under development have been halted while most previously approved have not `broken ground'. Property purchases for assemblage and redevelopment has stopped. The residential market has declined dramatically over the past year or so and the commercial and industrial markets have finally followed suit. Over the past few months, the market has been adversely affected and conditions may worsen prior to a future upswing. In the retail and office markets, activity is highly curtailed and prices have decreased. Occupancy is also moderating with space now leasing only with incentives and discounted rates. Financing has also become a noticeable problem with funding almost unavailable. 22 ,ANDERSON & CARR, INC. In conclusion, the commercial market continues to decline with overall market and economic factors continuing to deteriorate and commercial sellers and landlords must be much more reasonable to remain active. The commercial market in the Delray Beach downtown core has followed the general market trends. The Atlantic Avenue and Pineapple Grove commercial space still has not all been built out and occupied. Space on East Atlantic Avenue is still scarce, but available, and turnovers are noticeable. The general office and retail market is over supplied. General recessionary economic and market conditions are expected to continue, or may worsen, into the foreseeable future prior to stabilization within the next one to three years. 23 ,ANDERSON & CARR, INC. PROPERTY DATA Owner of Record City of Delray Beach Palm Beach County Property Control Number Part of: 12-43-46-16-L7-0010-0000 Assessed Value and Taxes The 2008 subject property assessment was $13,116,827 with $2,573,767 attributable to the land and $10,543,060 for the improvements with no taxes due to the City of Delray Beach ownership. Future assessments and taxes for the two commercial condominium units in the Old School Square Parking Garage project will be in keeping with market norms after they are in private ownership. Flood Zone The subject property was found to be located on the National Flood Insurance Program Map, Community Panel Number 125102-0004-D dated January 5, 1989. This map depicts that the subject lots are situated within an area designated as Flood Zone "X". Census Tract The subject property is located within Census Tract 0065.02. Utilities The subject property has all customary public utilitiE 24 ,ANDERSON & CARR, INC. Zoning /Land Use Plan The subject parking garage complex is located within an area of the City of Delray Beach. It has split CBD (Central Business District) and OSSHAD (Old School Square Historic Arts District) zoning with an underlying and corresponding CC (Commercial Core) land use designation. There is also a Downtown Delray Beach Master Plan correlating growth. The area is also within a Transportation Concurrency Exception Area (TCEA). The zoning spits the complex east to west with OSSHAD zoning on the west half and CBD zoning over the east half. In general, the CBD zoning allows a very wide variety of office and retail uses in buildings with two to four stories. The regulations also allow residential use with a density of up to 30 units per acre. FAR, site coverage, on-site parking, and such depend on many factors including use, design, and overall project scope. The OSSHAD zoning is very similar to the CBD zoning except commercial uses are generally more restrictive but do include offices, specialty retail shops, and restaurants. Buildings must be two to four stories with FAR, site coverage, on- site parking, and such depending on many factors including use, design, and overall project scope. Parking lots are allowed as a conditional use. The subject commercial condominium units are permitted with uses generally restricted to office or retail. Restaurants, nightclubs, and lounges would also be permitted. The TCEA allows development without regard to the traffic component of Concurrency regulations. Concurrency Concurrency is not an issue for existing buildings like 25 ,ANDERSON & CARR, INC. Sales History The subject land, including most of the block and several buildings, was assembled by the City over a several year period and included condemnation proceedings. The most recent deed transfer was for $6,000,000 from the Delray Beach Community Redevelopment Agency to the City itself in June 2006. The City has since built the public garage and commercial condominium units. None of these acquisitions would reflect value for the subject condominium unit. The subject unit has been listed for $2,000,000 for about six months. There is currently an offer (letter of intent included in addendum) to purchase at $1,440,000. The offer is actually a lease with purchase option with the tenant buyer completing the interior at a price of $85 per square foot. This $875,000 expenditure will serve as the lease deposit with rent based on $14.00 per square foot plus CAM. The lease term is 48 months, during which time tenant will have the option to purchase the unit for the $1,440,000 offer. The deal includes the leasing of 5 parking spaces on the first floor of the garage. It also includes a lease abatement incentive of 6 months free rent to allow for a build-out period. Tenant/purchaser plans on using the space for an Internet coffee house with deli and blues club. Site Analysis The Old School Square Parking Garage site is rectangular in shape and has about 195 feet on Pineapple Grove Way with around 265 feet on Northeast 1st Street. According to the county property appraisers office it contains 1.26 acres. The land is level with an elevation just above road grade. It is composed of typical lose south Florida sand. There are no apparent easements or encroachments affecting value or marketability. A public alley that had extended north to south through the tract has been incorporated into the project. 26 ,ANDERSON & CARR, INC. Improvement Analysis The Old School Square Parking Garage building is a recently completed four story structure. Our analysis and value is based on the current unfinished state of the subject unit and does not include any build-out. The garage building is of pre-manufactured concrete tilt-up skeleton and attached panels with a smooth concrete finish. Decking is of concrete double `T' beams. The garage entrance is on Pineapple Grove Way and the exit on Northeast 1st Street with ramps to the separate floors including roof top parking areas. It contains 540 spaces. The building has a wet fire sprinkler system, two elevators, three stair wells, and two bathrooms. In addition to the subject commercial units it has a small police sub-station office, parking garage office, mechanical rooms, and storage room. The commercial condominium units are all on the first floor fronting Pineapple Grove Way and Northeast 1st Street. They have a glass store front design, covered paverbrick front walk, rear service (corridor) entrance, and 16+ foot clear height. The two units are being sold with an unfinished interior consisting of dirt floor, exposed concrete `T' beam ceiling, and fire rated walls between. This is typical in the market with a vanilla shell finish (concrete floor, drop ceiling, air conditioning, basic electric, and white drywall perimeter walls) most common for commercial condominium units with purchasers finishing the interior to suit their needs. The building was originally designed for multiple small commercial bays. However, the building space is being sold as two bays. Ownership of the subject commercial units will not include owned or assigned parking. Private parking, per unit or strictly for the complex, is generally included in commercial condominiums. However, off-site parking for East Atlantic Avenue and Pineapple Grove is common and there are several free public parking lots downtown and with the completion of the subject parking garage and the newly finished Bob Federspiel Parking Garage the amount of nearby parking has been greatly enhanced. Additionally, street parking is free. 27 ,ANDERSON & CARR, INC. The subject unit is an `L' shaped space with about 140 feet on Pineapple Grove Way and around 95 feet on Northeast 1st Street. It contains 10,289 square feet. This is a very large space for a single office /retail condominium unit in this locale. The other unit faces Pineapple Grove Way and contains 6,189 square feet. The original Old School Square Parking Garage ground floor layout, showing the potential of individual commercial condominium units, follows. 28 ,ANDERSON & CARR, INC. 29 ,ANDERSON & CARR, INC. The new ground floor commercial space floor plan, reflecting the two commercial condominium units the city is selling, follows. df° i ~ r ~ ~ 7 . ~. - - ; ~ -- ~~ ; -__ _ _ -- --o -- - -- -- ~ R --- ,~ ~a,~~_~ aan k v r e .._ __-- __ .. _ ._ • T ~F r J y N J '- + • 9 s R • t ~ n I T ~ • ~ s R ~ ~ , R 1 i I e' n • . ~• Y ° r a • ~ ~ • R R ` R = R .F . F ~ C ~ R ~. i I ~ ~ A • •R t E .. ~ ^ . i • R a~ w . R al w ~~ a i ' • r i i x ~ I . Y ~ y Y ~ ~ ~ • a ~ .$ / R a~ • R ~~ y . i~ Subject Unit ~ ~ ~ 8 ~" ~~ _ .~ a K ° ~` ; _ x a a r • R ~ n e R^ ` ^ R s : ~ ~k N R • • }. ~ R ~ a C ~ ~ ~ iY ~ .]N ~ ~ f • R k• ~ _ .. • R ~ • R A ~1 ~ f ~ 1 -_~. .T o- v .sa s ry.y• ~ ~ i R ... .. _. _ - ... ... ... - .X h R _ • ~3 A R !_ • d .E ~ + a• ~ `b ~ s eM !s„3a ~ ~I 30 ,ANDERSON & CARR, INC. HIGHEST AND BEST USE "Highest and Best Use" maybe defined as the reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability. Source: The Dictionary of Real Estate Appraisal, Fourth Edition, 2002, Appraisal Institute, pg. 135. Because of the condominium form of ownership with the subject unit representing only a portion of the project, the highest and best use of the land as if vacant is not applicable. Use of the subject commercial unit is limited to retail or office purposes. Supply and demand for this type of space in downtown Delray Beach had been out of balance with demand outpacing supply. However, over the past two years demand has dramatically decreased due to recessionary economic and market conditions. Demand is now very low with an large oversupply available. It would not be financially feasible to construct new commercial space at this time. However, this is immaterial as the subject unit is existing. Physically, the subject is well designed with adequate ceiling height and solid construction. The layout is adequate having secondary commercial frontage on two roadways in a popular, pedestrian friendly, downtown shopping and dinning locale. The subject unit is a large space but could be divided into smaller bays. The highest and best use of the subject condominiur 31 ,ANDERSON & CARR, INC. THE VALUATION PROCESS Generally, the appraiser uses three approaches to value in estimating the market value of a particular property. These approaches are the Cost Approach, the Income Capitalization Approach, and the Sales Comparison Approach. In this case, the only applicable approach is the Sales Comparison Approach. The Cost Approach is not applicable due to the condominium form of ownership. The Income Capitalization Approach is not applicable as the subject unit has only a rough finish. Leasing of the unit would be open to many variables such as finish allowance, quality of finish, and type of finish; all factors that would influence a lease rate. Additionally, the unit size would only command a rental rate in the lower end of the range due to size. Furthermore, it does not appear that the subject would be purchased strictly for its income potential. Investment purchases have dramatically decreased and owner occupancy is more the market norm. The current offer includes a net rental rate of $14 per square foot per year or an annual income of $144,046 is reflected. Using a 15 percent vacancy rate with 10 percent expenses not passed through, an annual net income of $108,035 is calculated. Overall Capitalization Rates have been increasing recently with the softening real estate market and an investor would be cautious. Using an OAR of 10 percent a value of $1,080,000 is indicated. This is based on the tenant building out the interior but excludes the rent abatement period during build-out. We will show that the value of the subject unit is greater than this supporting the subject's potential for owner occupancy purchases of these commercial condominium units (as is the intention of the current offer). The omission of the Cost and Income Capitalization Approaches is not considered misleading to the client or necessary for a creditable estimate of value. 32 ,ANDERSON & CARR, INC. SALES COMPARISON APPROACH A search of various County Official Records, local multiple listing service records, discussions with local brokers and appraisers and a personal inspection of the subject area produced several sales for comparison with the subject. We researched many commercial condominium projects in downtown Delray Beach but there are few sales. In order to supplement the data we are including listings in the area. We are also including secondary sales data of commercial properties throughout Palm Beach County. The elements of comparison include date of sale, conditions of sale, location, financing, size, finish, parking, and exposure. The measure of comparison among the comparable sales is the sale price per square foot, as this method is easy to understand, reflects a correlation between sales, and is commonly used by participants in this market segment. We then reconciled the comparables value indications to reach a value indication for the subject. The data is summarized on the following pages, and the analysis follows. 33 ,ANDERSON & CARR, INC. SALE NO. 1- 401 West Atlantic Avenue, #013, Delray Beach, FL (lnr Fi1P. Nn ~7(1~17 ~R(14h1 Grantor: SC Holdings, LLC Grantee: Danon Realty, Inc. Legal: Unit No. 013, Atlantic Grove Condominium, OR Book 17071, Page 0861, Palm Beach County, Florida Folio No.: 12-43-46-17-61-015-0130 Location: North side of West Atlantic Avenue between Northwest 3rd and Northwest 5th Avenues just west of Swinton Avenue, Delray Beach. Zoning: GC -Commercial Core by Delray Beach Land Use: CC -Commercial Core by City of Delray Beach Utilities: Water and sewer 34 OR Book 20010, Page 1401 Type: Office Deed Dated February 23, 2006 Sub-Type: Condominium ,ANDERSON & CARR, INC. Unit Data: Gross Sq. Ft.: 1,228 Year Built: 2004 Stories Condition: Good Parkin: On-site, adequate Construction: CBS Air Conditioning: Central Use: Current Use: Office Intended Use: Owner occupancy Highest and Best Use: Commercial Verification: Source: Rociale Davis Relationship: Broker Associate, Danon Realty Conditions of Sale: Arm's length Verified by: G. Orr Date: June 21, 2006 Sales History: $577,760, 12/2004, two units, 2,349 SF, $246/SF Sales Price: $500,000 Price/SF Building: $407.17 Financing: $375,000 short term balloon mortgage with CT Capital Comments: 1 This sale is part of a newer, mixed use complex, Atlantic Grove, located in a formerly degraded area of downtown Delray Beach. Recent nearby developments (national tennis center, county courthouse annex, main city firehouse, police station, and library) and various other community projects are noticeably upgrading the locale. This mixed use development contains two three-story commercial/residential buildings (1st floor retail, 2nd floor offices, & 3rd floor residential) plus eight two story, row townhouse buildings containing 55 residences. Commercial buildings completed in 2004 and residential ones in 2005. This unit is a second floor office condominium with vanilla finish. The interior office space was built-out by the buyer. 35 ,ANDERSON & CARR, INC. SALE NO.2 - 401 West Atlantic Avenue, #R12, Delray Beach, FL (lnr Fi1P. Nn ~7(1~17 ~R(14h1 Grantor: LALD, LLC Grantee: Del Re II, LLC Legal: Unit No. R12, Atlantic Grove Condominium, OR Book 17071, Page 0861, Palm Beach County, Florida Folio No.: 12-43-46-17-61-018-0120 Location: North side of West Atlantic Avenue between Northwest 3rd and Northwest 5th Avenues just west of Swinton Avenue, Delray Beach. Zoning: GC -Commercial Core by Delray Beach Land Use: CC -Commercial Core by City of Delray Beach Utilities: Water and sewer 36 OR Book 20583, Page 0564 Type: Retail Deed Dated June 07, 2006 Sub-Type: Condominium ,ANDERSON & CARR, INC. Unit Data: Gross Sq. Ft.: 2,241 Year Built: 2004 Stories Condition: Good Parkin: On-site, adequate Construction: CBS Air Conditioning: Central Use: Current Use: Vacant Intended Use: Investment Highest and Best Use: Commercial Verification: Source: Alberto Siblesz, Southeast Realty Equities Relationship: Broker Conditions of Sale: Arm's length Verified by: G. Orr Date: May 24, 2007 Sales History: Sales Price: Price/SF Building Financing: Comments: None in previous three years $750,000 $334.67 Cash 1 This sale is part of a newer, mixed use complex, Atlantic Grove, located in a formerly degraded area of downtown Delray Beach. Recent nearby developments (national tennis center, county courthouse annex, main city firehouse, police station, and library) and various other community projects are noticeably upgrading the locale. This first floor retail unit was purchased unfinished with no flooring or ceiling for investment purposes. It was reportedly recently leased for $27 per square foot annually plus $4 per square foot CAM. This mixed use development contains two three-story commercial/residential buildings (1st floor retail, 2nd floor offices, & 3rd floor residential) plus eight two story, row townhouse buildings containing SS racirlanrac (''nmmPrrial buildings completed in 2004 and residential ones in 37 ,ANDERSON & CARR, INC. SALE N0.3 - 301 West Atlantic Avenue, #R3A, Delray Beach, FL (lnr Fi1P. Nn ~7(1~17 ~R(14h1 Grantor: Richard N. Leonard, Trs. Grantee: SMK Holdings, Inc. Legal: Unit No. R3A, Atlantic Grove Condominium, OR Book 17071, Page 0861, Palm Beach County, Florida Folio No.: 12-43-46-17-61-018-0031 Location: North side of West Atlantic Avenue between Northwest 3rd and Northwest 5th Avenues just west of Swinton Avenue, Delray Beach. Zoning: GC -Commercial Core by Delray Beach Land Use: CC -Commercial Core by City of Delray Beach Utilities: Water and sewer 38 OR Book 21749, Page 1979 Type: Retail Deed Dated May 15, 2007 Sub-Type: Condominium ,ANDERSON & CARR, INC. Unit Data: Gross Sq. Ft.: 905 Year Built: 2004 Stories: 1 Condition: Good Parkin: On-site, adequate Construction: CBS Air Conditioning: Central Use: Current Use: Subway Restaurant Intended Use: Investment Highest and Best Use: Commercial Verification: Source: Ingrid Kennemer Relationship: Broker Conditions of Sale: Arm's length Verified by: G. Orr Date: May 31, 2007 Sales History: None in previous three years Sales Price: $275,000 Price/SF Building: $303.87 Financing: $150,000 mortgage through Wachovia Bank Comments: This sale is part of a newer, mixed use complex, Atlantic Grove, located in a formerly degraded area of downtown Delray Beach. Recent nearby developments (national tennis center, county courthouse annex, main city firehouse, police station, and library) and various other community projects are noticeably upgrading the locale. This first floor retail unit was purchased from the developer in 2004 and leased to Subway (sandwiches) who built out the interior and still is in occupancy. The property was purchased with a 9 percent CAP rate; however, the tenant can vacate the premises with only a 30 day written notice. Broker stated property contained 985 square feet but the property appraiser states a size of 906 square feet and the condominium documents reflect a size of 905 square feet, the latter of which we have utilized. This mixed use development contains two three-story commercial/residential buildings (1st floor retail, 2nd floor offices, & 3rd floor residential) plus eight two story, row townhouse buildings containing 55 residences. Commercial buildings completed in 2004 and residential ones in 2005. 39 ,ANDERSON & CARR, INC. SALE NO.4 - 301 West Atlantic Avenue, #R3B, Delray Beach, FL Our File No. 280461 Grantor: Bower Property Management Grantee: S.V.N.E.T., LLC Legal: Unit No. R3B, Atlantic Grove Condominium, OR Book 17071, Page 0861, Palm Beach County, Florida Folio No.: 12-43-46-17-61-018-0032 Location: North side of West Atlantic Avenue between Northwest 3rd and Northwest 5th Avenues just west of Swinton Avenue, Delray Beach. Zoning: GC -Commercial Core by Delray Beach Land Use: CC -Commercial Core by City of Delray Beach Utilities: Water and sewer 40 OR Book 22119, Page 0600 Type: Retail Deed Dated September 12, 2007 Sub-Type: Condominium ,ANDERSON & CARR, INC. Unit Data: Gross Sq. Ft.: 1,057 Year Built: 2004 Stories: 1 Condition: Good Parkin: On-site, adequate Construction: CBS Air Conditioning: Central Use: Current Use: Retail Intended Use: Owner occupancy Highest and Best Use: Commercial Verification: Source: MLS (Suzanne Bower, Coldwell Banker) Relationship: Broker Conditions of Sale: Arm's length Verified by: G. Orr Date: August 30, 2008 Sales History: $227,255, August 2004 Sales Price: $427,000 Price/SF Building: $403.97 Financing: Cash Comments: This sale is part of a newer, mixed use complex, Atlantic Grove, located in a formerly degraded area of downtown Delray Beach. Recent nearby developments (national tennis center, county courthouse annex, main city firehouse, police station, and library) and various other community projects are noticeably upgrading the locale. This first floor retail unit was purchased completely built-out with wall units, shelving, mirrors, lighting, acoustical ceiling, stockroom area, and alarm system. It is now home to the Spy Store. The property appraiser records show this unit has 953 square feet but the seller stated it contained 1,057 square feet. This mixed use development contains two three-story commercial/residential buildings (1st floor retail, 2nd floor offices, & 3rd floor residential) plus eight two story, row townhouse buildings containing 55 residences. Commercial buildings completed in 2004 and residential ones in 2005. 41 ,ANDERSON & CARR, INC. SALE NO. S - 301 West Atlantic Avenue, #01, Delray Beach, FL Our File No. 280461 Grantor: Daniel A. Jacobson Grantee: SJT & MCT Properties, LLC Legal: Unit No.O1, Atlantic Grove Condominium, OR Book 17071, Page 0861, Palm Beach County, Florida Folio No.: 12-43-46-17-61-015-0010 Location: North side of West Atlantic Avenue between Northwest 3rd and Northwest 5th Avenues just west of Swinton Avenue, Delray Beach. Zoning: GC -Commercial Core by Delray Beach Land Use: CC -Commercial Core by City of Delray Beach Utilities: Water and sewer 42 OR Book 22587, Page 0078 Type: Office Deed Dated April 14, 2008 Sub-Type: Condominium ,ANDERSON & CARR, INC. Unit Data: Gross Sd. Ft.: 1,936 Year Built: 2004 Stories Condition: Good Parkin: On-site, adequate Construction: CBS Air Conditioning: Central Use: Current Use: Office Intended Use: Owner occupancy Highest and Best Use: Commercial Verification: Source: MLS (Suzanne Bower, Coldwell Banker) Relationship: Broker Conditions of Sale: Arm's length Verified by: G. Orr Date: August 30, 2008 Sales History: $518,000, September 2004 Sales Price: $750,000 1 Price/SF Building: $387.40 Financing: $385,000 conventional mortgage with Wachovia Commercial Mortgage Comments: This sale is part of a newer, mixed use complex, Atlantic Grove, located in a formerly degraded area of downtown Delray Beach. Recent nearby developments (national tennis center, county courthouse annex, main city firehouse, police station, and library) and various other community projects are noticeably upgrading the locale. This second floor office suite was purchased completely built-out with wood floors, crown molding, kitchen, conference room copy room, and individual offices. It is now owner occupied by Cinnamin O'Shell Turk CPA. The property appraiser records show this unit has 1,822 square feet but the broker stated it contained 1,936 square feet. This mixed use development contains two three-story commercial/residential buildings (1st floor retail, 2nd floor offices, & 3rd floor residential) plus eight two story, row townhouse buildings containing 55 residences. Commercial buildings completed in 2004 and residential ones in 2005. 43 ,ANDERSON & CARR, INC. SALE NO. 6 - 95 NE 4th Avenue, Delray Beach Our File No.: 280564 Date: August 22, 2008 Grantor: CDS International Holdings, Inc. Grantee: Barramundi Investments, LLC Legal: Units Comm 1 and Comm 2, Pineapple Place, OR Book 11847, Page 1161, Palm Beach County, Florida. Folio No.: 12-43-46-16-E6-001-0010 Location: Southeast corner of Northeast 4th Avenue and Northeast 1st Street one block north of West Atlantic Avenue, Delray Beach. Zoning: CBD -Central Business District by Delray Beach Land Use: Commercial 44 OR Book 22838, Page 0680 Type: Office Sale Status: Sale Sub-Type: Condominium Professional ,ANDERSON & CARR, INC. Utilities: All Available Unit Data: Gross SF: 2,550 Year Built: 2000 Stories: 2 Condition: Good Parkin: Open Construction: CBS Air Conditioning: Central Use: Current Use: Commercial Intended Use: Commercial Highest and Best Use: Commercial Verification: Source: Jeremy Stewart Relationship: Selling Broker Conditions of Sale: Arm's length Verified by: M. Brady Date: October 24, 2008 Sales History: No sales in past five years Sales Price: $737,000 Price/SF Unit: $289.02 Financing: Cash to Seller Comments: This property consists of two condominium suites in a fairly new, small upscale complex in the core of downtown Delray Beach. The units were composed of well finished office space. Sale had no seller concessions. 45 ,ANDERSON & CARR, INC. SALE NO. 7 -123 Pineapple Grove Way, Delray Beach Our File No.: 290351 Date: July 24, 2009 Grantor: Astor-Delray, LLLP Grantee: Ronald Furst, LLC Legal: Condominium Parcel 2, Building 1, Astor Condominium, OR Book 22470, Page 34, Palm Beach County, Florida. Folio No.: 12-43-46-L6-001-0020 Location: East side of Pineapple Grove Way just north of Northeast 1st Street about 1.5 blocks north of East Atlantic Avenue and two east of Swinton Avenue, Delray Beach. Zoning: CBD -Central Business District by Delray Beach Land Use: Commercial Core 46 OR Book 23355, Page 1051 Type: Retail Sale Status: Sale Sub-Type: Condominium ,ANDERSON & CARR, INC. Utilities: Water and sewer Unit Data: Gross SF: 1,138 Year Built: 2004 Stories: 1 Condition: New Parkin: On-site, adequate Construction: New Air Conditioning: Central Use: Current Use: Commercial Intended Use: Commercial Highest and Best Use: Commercial Verification: Source: Roxanne Register Relationship: Listing Broker Conditions of Sale: Arm's length Verified by: Gary Orr Date: July 29, 2009 Sales History: None in previous three years Sales Price: $222,600 Price/SF Unit: $195.61 Financing: Cash to Seller Comments: Sale unit is a retail space with vanilla finish (finished, sealed concrete floor, drywall, air conditioning, decorative exposed finished ceiling, and bathroom). It is part of a large mixed-use luxury condominium complex on trendy Pineapple Grove Way one block north of East Atlantic Avenue. The complex contains two four-story buildings. This unit is located in Buildi Grove Way. 47 :ONDOMINIUM SALES SUMMARY CHART Year Unit Sale Price Per Built Use Sq. Ft. Finish Price Sq. Ft. 2004 Office 1,228 Vanilla $500,000 $407 Ave. 2004 Retail 2,241 Shell $750,000 $335 Ave. 2004 Retail 905 Restaurant $275,000 $304 Ave. 2004 Retail 1,057 Retail $427,000 $404 ~e -ui uouu cur w. tiuannc Ave. 5 22587 Atlantic Grove 2004 Office 1,936 Office $750,000 $387 Apr-08 0078 301 W. Atlantic Ave. 6 22838 Pimeapple Place 2000 Office 2,550 Office $737,000 $289 A r-08 0680 95 NE 4th Ave. 7 23355 The Astor (Unit 2) 2008 Retail 1,138 Vanilla $222,600 $196 Jul-09 1051 Pinea le Grove Wa 8 Current The Astor (Unit 5) 2008 Retail 988 Vanilla $190,000± $190± Jul-09 Contract Pineapple Grove Way In addition to the preceding confirmed, closed sales we are including a summary list of sales of similar properties in the subject locale and general Palm Beach County area. Most of the data has been confirmed by either our office or a third party. The fist sale is a listing reportedly under contract; all the others are closed sales. This data follows. 48 ,ANDERSON & CARR, INC. TONAL SALES SUMMARY CHART Year Unit Sale Price Per Built Use Sq. Ft. Price Sq. Ft. Ave. 1999 Strip 20,720 $4,025,000 $194 Center 1963 Auto 8 670 $1,200,000 $138 Parts we. Renovated Retail 3,147 $500,000 $159 Old SFR enter 2008 Office Condo. 1,195 $200,000 $167 Shell Finish E 23213 Boca Executive Center 2008 Office Condo. 2 707 $439,887 $162 A r-09 1464 Boca Raton Shell Finish F 23270 Boca Executive Center 2008 Office Condo. 5,568 $768,000 $138 Jun-09 0864 Boca Raton Shell Finish G 22917 Sanctuary Center 1985 Finished 1,598 $335,580 $210 Oct-08 1876 Boca Raton Office Condo. H 23293 Sanctuary Center 1985 Finished 2 996 $554,260 $185 Jun-09 0177 Boca Raton Office Condo. I 23253 725 N A1A 1987 Retail 1,160 $220,000 $190 May-09 0469 Jupiter Condo. 49 ,ANDERSON & CARR, INC. ,ANDERSON & CARR, INC. In support of our sales data we are including listing data for commercial condominium units and three freestanding retail properties in downtown Delray Beach. This data follows. COMMERCIAL LISTINGS SUMMARY CHART OR Bk. Project Year Unit Sale Price Per Listing Page Address Built Use Sq. Ft. Finish Price Sq. Ft. Condominiums Current The Mark-Downtown Office 1020 $360 640 ' $350 L1 2008 Vanilla Listings 111 SE 2nd St. Retail & 1,376 to $599,500 to $435 Current Atlantic Grove 1,157 Finished $369,000 $319 L2 Listings 301 W. Atlantic Ave. 2004 Office & 1,152 Finished $525,000 $455 L3 Current Royal Atlantic 2007 Retail 1,200 Vanilla $400,000 $333 Listings 12 SE 1st Ave. L4 Current Ocean City Lofts 2005 R il 1206 Fi i h d $529 000 ' $265 Listin s 185 NE 4th Ave. eta & 2,450 n s e & $650,000 & $439 LS Current Downtown Lofts 2004 Office 866 Finished $349,000 $403 Listin s 103 SE 4th Ave. Current The Astor 969 $229,000 $236 L6 2008 Retail Shell Listings Pineapple Grove Way & 1,199 $379,000 $316 L7 Current The Astor 2008 Retail 11,282 Vanilla $2,482,040 $220 Listin s Pinea le Grove Wa Freestandin L8 Current City Limits Renovated Night 7192 Excellent $2 500 000 ' $348 Listings 19 NE 3rd Ave. 1925 Club Finish L9 Current 12 Unit Office Building Renovated Office 11750 Good $2 695 000 ' $229 Listin s 258 SE 6th Ave. 1946 Finish L10 Current 2 Unit Office Building Renovated Office 5 419 Good $1400 000 ' $258 Listings 526 SE 5th Ave. (1947) Finish 50 ,ANDERSON & CARR, INC. Sales Summary We have considered all aspects affecting value but the primary factors are date of sale (market conditions), location, interior finish, and size. The subject is a single, large, unfinished commercial condominium unit containing 10,289 square feet. Its greatest potential lies in dividing the unit into several smaller spaces. Or, as in the intentions of the potential buyer, it might be used as one large unit. The unit has desirable frontage on both Pineapple Grove Way and Northeast 1st Street. However, dividing the unit up and finishing the interiors would cost at least $100 to $150 per square foot, if not more. In the case of the potential buyer, the cost estimate to complete the interior is $85 per square foot as one large unit. The comparable sales reflect a price range from about $195 per square foot to just over $405 per square foot. However, the data also reflects dramatic value decreases since 2006. Additionally, the lower end of the range is for limited interior finishes. Furthermore, the sales are all much smaller than the subject. This data requires a strong adjustment downward for time and size. The most influential are sales 7 and 8 (full details on sale 8 were not available as the unit just went under contract and has not yet closed but the listing broker stated it has sold at slightly less than sale 7). These two are located across the street from the subject in the Astor. They included a vanilla finish, air conditioning and a bath. The $195 per square foot price requires a strong downward for size and finish. A basic finish adjustment would be $40 to $60 per square foot reflecting $135 to $155 per square foot for the subject prior to a downward adjustment for size. Including a downward adjustment for size reflects a value for the subject of $120 to $130 per square foot. The additional sales data shows that the general commercial condominium market includes numerous sales in the $140 to $200 per square foot range. Additional Sales A, B, and C are all located in Delray Beach and are more similar in size to the subject (Additional Sale A is actually two strip 10,000± square foot centers). These three sales at $140 to $195 per square foot require a downward adjustment for interior finish. Additional Sale B is a dated property with low quality retail finish and reflects the lowest square foot price of the three. This data indicates a value for the subject of $125 to $135 per square foot. 51 ,ANDERSON & CARR, INC. The condominium listing data shows a lack of wide spread acceptance of dramatically lower values in the subject market. However, it is significant that asking prices have been reduced from our last survey in late 2008. Prices in the Royal Atlantic project have been reduced from $380 to $330 per square foot; from $309 to $236 on a privately owned unit in the Astor; and from $275 - $325 per square foot for shell units in the Astor to $220 per square foot for vanilla shell finishes. Noticeable is that the only two sales resulting from this data are in the Astor at under $200 per square foot for a vanilla finish. Freestanding Listing 9 is the recently totally renovated City Limits nightclub. It is similar in size to the subject, similar in that it is located just off of East Atlantic Avenue, and similar in that it must utilize surrounding open public parking. The hard costs for the recent renovations for this building exceeded $1,200,000. Adding 20 percent for a contractor (tenant/renovator was the contractor) indicates about $200 per square foot for renovations reflecting $148 per square foot for the shell. The other two freestanding listings also require a downward adjustment for finish. The listing data requires a further, small downward adjustment as they are listings (as opposed to sales). The data reflects a value for the subject of $130 to $140 per square foot of unit area. We have also considered the current oversupply of commercial space in the downtown locale and the immediate subject area. There are currently several vacant spaces in the Astor complex and a recently vacated 10,700 square foot retail space in the Ocean City Lumber complex (old Palm Beach Photograph studio). Additionally, we have considered that a moderate price would be required in today's market in order to attract a buyer within a reasonable marketing period. 52 ,ANDERSON & CARR, INC. Conclusion of Value Because of a lack of a suitable number very recent commercial condominium unit sales we also utilized additional sales of freestanding buildings and commercial condominium units out of the area and both freestanding and commercial condominium listings within the area. Primarily the data indicates values in the $120 to $140 square foot range for the subject as a shell (as it is now). The lower end of the range is warranted due to recessionary economic and market conditions. However, the subject is a corner unit with exposure on a desirable location on popular Pineapple Grove Way and Northeast 1st Street. Furthermore, it is located in a new public parking garage building which will generate good pedestrian traffic exposure. We have also taken into consideration that if the subject market is primarily composed of 1,000 to 2,500 square foot units and potential investor that was not an owner/user would most likely divide the subject into smaller bays for resale which would require a profit incentive. The current offer on the subject property at $1,440,000 is based on a four year lease with purchase option at a current fixed price. We have taken this offer into consideration but in all likelihood the property should have increased in value in four years. Thus, a purchaser would be justified in paying slightly above a current value at this time. However, the value may decrease further prior to a future value increase and may not increase in value within four years. Thus, a seller would be justified at selling and fixing the price now at slightly above a current market value Our value conclusion is based on market norms where the seller pays a 6 to 8 percent real estate commission (typical for commercial properties) and some closing costs, generally 1.5 percent. These expensf data and are therefore built into the value estimate. 53 ,ANDERSON & CARR, INC. Based on the foregoing we conclude a market value for the subject property as of July 29, 2009, of $130 per square for with the total value as follows. 10,289 Square Feet ~a $130 Per Square Foot: $ 1,337,570 Rounded to: Value Via Sales Comparison Approach: 54 $1,350,000 QUALIFICATIONS OF APPRAISER ROBERT B. BANTING, MAI, SRA PROFESSIONAL DESIGNATIONS -YEAR RECEIVED MAI - Member Appraisal Institute -1984 SRA - Senior Residential Appraiser, Appraisal Institute - 1977 SRPA -Senior Real Property Appraiser, Appraisal Institute - 1980 State-Certified General Real Estate Appraiser, State of Florida, License No. RZ4 - 1991 EDUCATION AND SPECIAL'I'RAINING Licensed Real Estate Broker - #3748 -State of Florida Graduate, University of Florida, College of Business Administration, BSBA (Major -Real Estate & Urban Land Studies) 1973 Successfully completed and passed the following Society of Real Estate Appraisers (SREA) and American Institute of Real Estate Appraisers (AIREA) courses and/or exams: Note: the SREA & AIREA merged in 1991 to form the Appraisal Institute. SREA R2: Case Study of Single Family Residence SREA 201: Principles of Income Property Appraising SREA: Single Family Residence Demonstration Report SREA: Income Property Demonstration Report AIREA 1B: Capitalization Theory and Techniques SREA 101: Introduction to Appraising Real Property AIREA: Case Studies in Real Estate Valuation AIREA: Standards of Professional Practice AIREA: Introduction to Real Estate Investment Analysis AIREA 2-2: Valuation Analysis and Report Writing AIREA: Comprehensive Examination AIREA: Litigation Valuation AIREA: Standards of Professional Practice Part C ATTENDED VARIOUS APPRAISAL SEMINARS AND COURSES. INCLUDING The Internet and Appraising Golf Course Valuation Narrative Report Writing Appraising for Condemnation Condominium Appraisal Reviewing Appraisals Eminent Domain Trials Tax Considerations in Real Estate Mortgage Equity Analysis Partnerships & Syndications Advanced Appraisal Techniques Federal Appraisal Requirements Valuation of Leases and Leaseholds Valuation Litigation Mock Trial Rates, Ratios, and Reasonableness Analyzing Income Producing Properties Standards of Professional Practice Regression Analysis In Appraisal Practice Discounting Condominiums & Subdivisions Condemnation: Legal Rules & Appraisal Practices Analyzing Commercial Lease Clauses Testing Reasonableness/Discounted Cash Flow Hotel and Motel Valuation Analytic Uses of Computer in the Appraisal Shop Residential Construction From The Inside Out Development of Major/Large Residential Projects Federal Appraisal Requirements Engaged in appraising and consulting assignments including market research, rental studies, feasibility analysis, expert witness testimony, cash flow analysis, settlement conferences, and brokerage covering all types of real estate since 1972. President of Anderson & Carr, Inc., Realtors and Appraisers, established 1947 Past President Palm Beach County Chapter, Society of Real Estate Appraisers (SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation, property disputes, bankruptcy court, foreclosures, and other issues of real property valuation. Member of Admissions Committee, Appraisal Institute -South Florida Chapter Member of Review and Counseling Committee, Appraisal Institute -South Florida Chapter Approved appraiser for State of Florida, Department of Transportation and Department Natural Resources. Instructor of seminars, sponsored by the West Palm Beach Board of Realtors. Authored articles for The Palm Beach Post and Realtor newsletter. Real Estate Advisory Board Member, University of Florida. TYPES OF PROPERTY APPRAISED -PARTIAL LISTING Air Rights Medical Buildings Apartment Buildings Churches Amusement Parks Department Stores Hotels -Motels Marinas Condominiums Industrial Buildings Office Buildings Residences -All Types Mobile Home Parks Service Stations Special Purpose Buildings Restaurants Auto Dealerships Vacant Lots -Acreage Residential Projects Golf Courses Shopping Centers Leasehold Interests Financial Institutions Easements "I am currently certified under the continuing education program of the Appraisal Institute." QUALIFICATIONS OF APPRAISER GARY K. ORR GENERAL INFORMATION State-Certified General Real Estate Appraiser RZ2335 Licensed Real Estate Salesman -State of Florida - 1978/1991 Realtor Associate Member -Florida Association of Realtors - 1978/1991 Realtor Associate Member -National Association of Realtors - 1978/1991 Realtor Associate Member -West Palm Beach Multiple Listing Service - 1978/1991 EDUCATION AND SPECIAL TRAINING Graduate of Forest Hill High School -West Palm Beach Graduate of Palm Beach Junior College; AA Degree Business Administration Attended University of Florida at Gainesville; College of Business Administration (1976 and 1977) Successfully completed and passed the following courses and/or seminars: SREA 101: Introduction to Appraising Real Property SREA 201: Principles of Income Property Appraising SREA: Principles of Cash Equivalency SREA: Adjusting for Financing Differences in Residential Property SREA: Market Interpretations of Extraction SREA: R41b Seminar -John Underwood, MAI, SREA SREA: R41c Seminar - Dr. William Kinnard, MAI, SREA AI: Standards of Professional Practice -Part A AI: Exam Prep. for Commercial Appraiser Certification/Licensing EMPLOYMENT EXPERIENCE Engaged in appraising real estate in the State of Florida since 1978. Residential and Commercial appraiser for Anderson & Carr, Inc. 1978-1992. Residential and Commercial appraiser for Sayles &Sayles, Inc. 1992-1995. Residential and Commercial appraiser for Anderson & Carr, Inc. 1995 to present. APPRAISAL EXPERIENCE Charitable R.E. Donations Divorce Settlements Eminent Domain Estate Settlements Executive Relocations Fractional Interests General Law Suits Mortgage Financing REO Properties Partnership Buyouts PBC R.E. Assessment Appeals TYPES OF PROPERTY APPRAISED Acreage Citrus Groves Foliage Nurseries Industrial Complexes Apartment Buildings Convenience Stores Funeral Homes Lumber Yards Automobile Showrooms Equestrian/Polo Estates Industrial Land Medical Offices Churches Farms Motels Multi-Family Projects Office Buildings Post Office Buildings Residences/Estates-All Types Restaurants Shopping Centers Special Purpose Properties Subdivision Vacant Residential Lots Commercial Land Warehouse Buildings Industrial Buildings Mini-Warehouse's Peat & Soil Plants Service Stations Synagogues Wetlands Properties ADDENDUM ~n ~aia~iAawa~ ~ IpOC1 ~~ Old School Square Parking Garage Commercial Space Temporary Use Study July 14, 2009 In April of this year City Manager David Harden asked the CRA to look into the possibility of utilizing the commercial space in the Old School Square garage as a farmer's market or arts venue. This request was in response to concerns expressed by the City Commission regarding the effect that the sluggish commercial real estate market was having on the prospects for selling the space. CRA Executive Director Diane Colonna, Economic Development Director Francisco Perez-Azua, Green Market Manager Lori Nolan and former DDA board member Rich McGloin went before the City Commission at the May workshop to hear their thoughts on the desired uses for this space. Based on that discussion the team explored the options for use and their pros and cons in relation to the vision for the Pineapple Grove district. The following is an outline of the presentation that Rich McGloin will make at the workshop meeting. Define the project goal and commitments WHY - To remove a dead pedestrian zone in Pineapple Grove Arts District HOW LONG -Suggest 5 yr lease, may put property on the sales market the next day, sale being subject to lease HOW MUCH -Approximately $250,000 for basic build out, may recover most upon sale Two approaches What uses accomplish the goal (the WHY) of this prof ect? What is the VISION for this district? What uses will work: General Retail (as Zoned) Rental needs to be at Gross Market rates, city can't be seen as competing with privately owned commercial space Pros Building was designed for this type of use Would generate pedestrian activity Con Hard to fill with tenants, market weak Every building on Pineapple Grove Way has vacant space from 500 to 8,000 sq.ft. Specialty Produce Market - 5,000 sf Produce, Deli, Fish Market, Meat Market, Bakery, with no kitchen facilities. Private operator or City/CRA managed co-op Pros Private operators interested Some market promotions attract large response, 1000+ Cons Last stop destination, questionable impact on local merchants Requires high dumpster activity Requires repackaging or recycle compactor Active delivery access Similar to arestaurant--challenge to keep rear activity clean Several high profile failures, Atlantic Plaza, Lake Worth & Palm Beach Artist Co-Op Art gallery, working artist studios, visual and performing arts Exhibition and performance spaces available to other community organizations Educational and experiential workshops Multicultural and multi-generational programming Provide a center for networking of artists from across Palm Beach County Pros Minimum build out Cultural destination and attraction for all of Palm Beach County Link Old School Square, Atlantic Avenue, and Pineapple Grove by encouraging pedestrian traffic Complement other City cultural activities (First Night, Delray Affair, Art & Jazz on the Ave., etc.) Cons 10,000 if all activities included, 5,000 for studios and display Low or no rental revenue Requires a 5-year lease to justify build out What is the VISION for this District Over the past decade citizens have come together to create the VISION for the future progress of Delray Beach in many ways: • "Visions" workshops • Pineapple Grove Neighborhood Plan Charrettes • Cluster Study surveys • Downtown Master Plan meetings • Cultural Plan interviews • Other planning exercises The following recommendations and comments resulted from those activities: Marketek report, "Market Analysis and Development Recommendations for Downtown Delray Beach" March 1996 Emphasizes the importance of the arts as an element of economic growth The Neighborhood Plan for Pineapple Grove, Adopted by City Commission June 98 Section 13 -Cultural Arts, Overview. "Art galleries, museums, and performing arts centers demonstrate worldwide the draw of the visual and performing arts. Residents of, and visitors to, the community patronize these institutions in increasingly large numbers." Pineapple Grove Artwalk Campaign Adopted by City Commission November 1998 "The cultural arts play a prominent role for Pineapple Grove in Delray Beach....promoting an awareness of our cultural diversity and the value of art education." H. Blount Hunter Research "Cluster Analysis" commissioned by the DDA July 2005 "Downtown has emerged as the center of the region's arts community." " The arts can become a strong merchandising opportunity for Downtown as well as a traffic generator." Visions Workshop Report "Delray Beach prides itself on the cultural resources that contribute to the City's ambiance" Downtown Master Plan adopted by CityCommission March 2002 Pineapple Grave - "Pineapple Crrove is a unique, arts-oriented section of the downtown..... The objectives and recommendations contained within the Pineapple Grove Neighborhood Plan are hereby incorporated into this owntown elray each Master Plan." Coletta report (Cultural Plan) -funded and adopted by City Commission February 2006 "There are ways for cities to encourage culture beyond public subsidies and grants. There are tax benefits for artists' studios, zoning for arts districts, experimentation and innovation districts, sales tax waivers on local art, public space for artists and more. Artists are often looking for help in finding a place where the creative process can take place...." Cannery Row Agreement -City agreement with developer May, 2007 Option to purchase SE corner townhouse unit for $530,000 to create an artist studio/gallery space for the enhancement of the Pineapple Grove Arts District Conclusion and Recommendations: During this research many people came forward and expressed interest in the property--this was due to media coverage, not advertising. This shows that whichever use is selected there are opportunities to lease to a tenant within that use. The following is recommended: • City Commission should select use of space that addresses the goal (WHY) and the VISION • City or CRA to advertise an RFP to find the best tenant or tenants • City to lease property with terms that insure success for both the tenant and the City • City should list property FOR SALE as soon as leased, with sale subject to lease • City should be actively involved in build out to protect their asset for future sale Letter o~ Intent Lease Purchase of the QSS Parking Garage Retail Condo June 11, 2009 Buyer: Tom Kinsloe, Principal Corporation to be formed Se11er: City of Delray Beach Property: Condo in Old School Square Parking Garage use: +/- 4,000 SF Restaurant with service for lunch and dinner +/- 6,000 SF Market also serving prepared meals Purchase Price: $1,440,000.00 Deposit: The cost of the build out will serve as the deposit Buyer will provide seller a construction bond in the amount of $500,000 Closing Date: On or before the end of the 48 months term Financing: Ta be provided by others Lease Commencement: September 1, 2009 or before if building permits are approved Lease Terms: Lease period not to exceed 48 months Closing on the purchase and. sale to be on or before the end of the kease period Base rent to be at $14.00 per square foot + CAM Full amount of base rent payments to be credited at closing Tenant Improvements: City Engineering Dept to approve placement of vents. Tenant will be responsible for all other build out costs approximately $$5.00 psf. Rent Abatement: 6 months of free base rent and CAM to provide ample time for build-aut Tenant to carry and pay for liability insurance Parking: 5 parking spaces on first floor to be leased under revocable agreement with City. To the Mayor and commissioners, On behalf of my two partners and myself, i would like to thank you far the opportunity to present our ideas and vision. We hope it meets with your satis#action and approval. Furthermore, we welcome your input in helping to create a successful and exciting addition to Delray Beach. Our Vision It is our intent to help advance the destination of the Pineapple Grave Arts District. An inviting starting point far visitors as well as a neighborhood gathering place. This is the locotion where we have the opportunity to give a great first impression, the point by which Pineapple Grave will be begin to show off its community Spirit and all it has to offer. A creative, artistic, cultural and social center awaits the visitor and we would like to be the first friendly face to direct people to discover all the treasures of Pineapple Grove. The following paragraphs are offered to provide you an overview of our ideas. Cooperation between Public and PrNate Sectors • Create business entities that fulfil need s within the community, meet the goals of city planners, and further the economic development of the immediate area • Develop strategies which utilize all resources available to effectively maximize potential of the building structure, its location, and the future businesses to promote success • Evaluate and encourage the use of alternatn-e energy (solar}, water conservation (rainwater and grey water}, sustainable building products when practical, and advanced recycling methods • Pursue available grants and financial incentives to offset costs r Assist in promoting civic duty and social responsibility • Embrace a long term plan with enough flexibility to achieve awin/win situation Planned and Potential Uses • Venue far five music ,film screening, various art exhibits and event gatherings • Commercial Kitchen to be utilized for multiple purposes (restaurant, Culinary Arts education, pastry shop, catering service, greenmarket food preparation} • Market Deli /Sandwich snap Civic Minded • Green Market collaboration and support • Various charitable ar~d benefit uses- IioTday meals, fundraising events + Socially responsible energy and conservation programs • Community focus -Neighborhood friendly Making a Positive Impact from Day Dne • Immediate work would begin on planning the use of the now vacant space • Increased use of the parking garage as the adjacent parking lot eliminated • Would bean enticement for a future hotel and other business expansion to the north • Musical Art and Culinary Art aspect will be added to the Pineapple- Grove Arts District • Year-round and daytime activity will increase in the area • The project will help to jump-start the local economy Thank you for your consideration, Thomas Kinsloe ~w ~~ woa~i~~i o o w u :~~ ,~,~ r 3 W 7 C9 W J Q Q !a.! z Proposal Summary: MuSfC Venue Old School Parking Garage Delray Beach, FL Mr. Thomas Kinsloe Z55 NE 3~d Avenue #204 Delray Beach, i=L 33444 954-579--1996 tkinsloeC~aol.com June 2009 I. SUMMARY This proposal is intended to provide a brief description of the business model by which Mr. Thomas Kinsloe of Delray Beach, Florida seeks to establish at the Old School Parking Garage in Delray Beach, Florida. It addresses the type of business enterprise, preliminary feasibility observations, obstacles to overcame, the key individuals participating in the venture, the preliminary timeline for development, benefits to the building owner, contractual and financial considerations to be addressed and negotiated by both parties to this venture. A. The Venture Simply stated, it is Mr. Kinsloe's goal to create a new "landmark" music entertainment establishment in downtown Delray Beach. He is seeking a space that replicates the intimate look and feel of many of the older Chicago, Memphis, Austin, and New Orleans music clubs; a gathering place for aficionados of jazz, blues, and other genre, off. eying five performances by local musicians as well and regional and national artists. The venue will also incorporate food and beverage service. The interior build-out would be designed to create a music venue unlike any others currently in Delray Beach. Special attention to sound engineering and stage lighting will be made to provide a high quality and desirable entertainment experience for patrons and performing musicians alike. The Old School Parking Garage property is a very viable candidate far this venue. Mr. Kinsloe believes the proposed build-out will maintain the character of the building while addingto the structures overall purpose and economic viability. The music and ambiance should be hard to resist and set a new, city-desired standard in and around the Pineapple Grove district and city of Delray Beach. Mr. Kinsloe possesses the desire, motivation, skills, and quali~catians to make this proposal a reality. Having preliminarily examined the characteristics of the exterior and interior of the existing spaces, Mr. Kinsloe believes the building and surrounding locale offer several opportunities for the venture, simultaneously enhancing the property's overall use and profitability: • High ceilings and large unobstructed space. • The `just ofP Atlantic Ave. location offering an inviting option for which a customer can escape the hustle and bustle of the busy avenue. • The cozy, tree-lined environment of the surrounding buildings and streetscape. • The mix of business establishments in this vicinity including various eateries that offers sidewalk service. • And the present lack ofhigh-profile, live, musical entertainment on a regular basis. • The Pineapple Grave Arts District as an Art and Cultural destination 2 B. The 1~easibility Potential For nearly two decades the City of Delray Beach has steadily worked on a revitalization of its downtown district, focusing on the Atlantic Avenue corridor, preserving heritage and history, simultaneously attempting to promote a resurgence of economic vitality. The Treasure Coast Regional Planning Council conducted a study of that corridor in which it determined: • The Old Schaal Parking Garage building is appropriate for development as an entertainment and cultural hub in the Pineapple Grove Arts district. • An intimate indoor music venue in the Pineapple Grove /Atlantic Avenue corridor would enhance the business mix, and draw visitors from surrounding communities from the north and south, as well as I-95 traffic. • The creation of a venue space for multipurpose uses, to included various art and cultural exhibits, film screenings, and musical performances by showcasing local artists • Continued development of art and cultural activities in Pineapple Grove will attract retirees, young singles and professionals, synonymous with disposable income. Other factors appealing to the venture include: • Current and anticipated development of multiple residential condominiums and apartments within walking distance from the proposed venue, a source of potential customers with disposable income. • Current and anticipated development of hotel, tourism, and other hospitality industry businesses within the local area. • Community music events such as "Art & Jazz on the Avenue", City sponsored cultural and art exhibits, and various seasonal festivals and events make Delray Beach the place to be. • Based an his personal exposure to music industry conferences and events, numerous Jazz and R&B clubs, and consultant feedback, Mr. Kinsloe identifies the bracket 30+ years of age as most representative of clientele for this type of club. The most recently available census data, by age bracket, for Delray Beach X2000) indicated that age bracket is represented by approximately 7596 of the city population. C. Obstacles to Orrercome Mr. Kinsloe has approached this project with financial and marketing objectivity and has identified three obstacles that must be overcome. in order to secure approval of the City of Delray Beach to open the establishment. However, for each of the three obstacles, Mr. Kinsloe sought solutions: 1. Zoning & Licensing -Services have been secured from Michael Weiner, Esq., a very reputable, local attorney who has a longstanding history of success in addressing zoning ordinances in ttie City. 2. parking -Discussions with counsel have led Mr. Kinsloe to anticipate successfully negotiating with the City to meet parking requirements. 3. Perception -Music is a form of Art and is appropriate for this location. A music venue of this type wiA be an asset to the community provided that cooperation and support of all parties is fulty committed. Briefly, Mr. Kinsloe anticipates being able to work with the City of Delray and structuring agreements that would be equally favorable to the all parties to overcoming these matters. 3 D. Key Participants A team of professionals has been identified to address the formation of the venture from leasehold improvements up to and including the opening and ongoing operation of the club. These individuals include: Thomas Kinsloe (groiect founder] --Typically characterized as just a regular, "hands-on" type of guy, Mr. Kinsloe was born and raised in metropolitan Chicago. The middle child of seven, his father was a construction worker. His mother was a full time housewife whose job knew no hours. They taught him that being honest and hard working would result in success. After graduating from high school Mr. Kinsloe went onto achieve the following: • Began in construction, rehabbing many older homes on the city's south side. • Accepted into the Pipel7tters' Union Apprenticeship Program in Chicago at the age of 20. After 4 years of training, he worked his way up from a journeyman to foreman, superintendent and eventually became a project manager. • At age 34 he founded an HVAC mechanical contracting business. Within 3 years he purchased an 1]„000 sq. ft facility to support the growing client roster and 50 employees. • Simultaneously operated as the General Contractor for several single family homes. • In July 2002 moved to Deerfield Beach, Florida and subsequently earned and continues to hold Florida licenses for Genera[ Contracting, Plumbing Contracting, and Real Estate Sales Associate. • S#arted and currently owns a general contracting business, SFKBD, Inc. (South Florida Kitchen & Bath Designs) in Deerfield l3each, FL, specializing in kitchen and bathroom renovations. • Most recently has acquired a new residence in Pineapple Grove Village and desires to live and work in Delray Beach as well as contribute to the community. in addition to his construction background, Mr. Kinsloe has bought, renovated and later sold many homes and small commercial buildings. His real estate ownership experiences makes him knowledgeable of the highest and best use of space and a finm understanding of the needs and concerns of the property owners. He also possesses a natural ability to see things, not just as they are, but, for what they can potentially and prof`~tably realize. Now, at age 47, these experiences have given Mr. Kinsloe the opportunity to reflect on where he wants to go in life; seeking an activity #or which he is not only passionate, but also enjoys. He is now in the position of having the time and resources to pursue that dream and make it a reality. a Additional team members Michael Weiner (Attorneyl- Specializing in zoning and planning, including extensive work with the City of Delray Beach Redevelopment Agency, Mr. Wiener is founder of the firm, Weiner, Aronson & Mankoff, P.A. (http://zonelaw.cam) and has been advising Mr. Kinsloe over the past year. Jack Crissv. CPA (Accountant) - a partner in the accounting firm, William A. Webb & Associates (www.webbcRa.com) located in Pompano Beach. Mr. Crissy is also a Certified Valuation Analyst whose client portfolio includes restaurants, general contractors, manufacturing, hotels, estates and trusts. Mr. Kinsloe has been a client of the accounting firm for the past 7 years. Sheila Jones [Bankine] - Ms. Janes is the Senior Vice- President for Business Banking for SunTrust Bank far the entire State of Florida (www.suntrust.com) with her office located in Boca Raton, FL. Ms. Jones is a long term resident of Delray Beach. Mr. Kinsloe has been a business customer of SunTrust for the past 7 years. SunTrust Bank has a Sports and Entertainment Specialty Group, which provides financial guidance to music artists and industry clients. Should the owners agree to move forward with the proposal, Mr. Kinsloe wil! retain the services of additional professionals to address the issues of structural engineering and architectural SeNICeS. Regarding the specific needs associated with startup and operation of this type of venue, Mr. Kinsloe has identified and strongly considered the consulting services of: • Matthew Solon -Experience of 13 years in the restaurant industry including as general manager of Front-of--House operations at Leif Hope's Restaurant in East Hamptons, NY. Duties included hiring staff, booking entertainment, beverage ordering and inventory. Additional industry experience at Webster Hali in New York City (http://www.websterhall.com) • Mark Pacaro -Owner for 18 years of Groucho's Bar & Grill (www.erouchosbarand~rill.co_ m) a Chicago neighborhood establishment #eaturing live music. • Pete Kauchis -Owner of VisuCom, Inc. (www.visucamsi~ns.com), a provider of marketing, design, graphics and signage. • Robert Kinsloe - Dwner of R. James Kinsloe, Inc., Master Home Builders (www. otalarealestate.cam}. Mr. Robert Kinsloe has extensive background and experience in real estate, real estate development, appraisal, valuation, financing and construction. 5 E. Project Timeline Based on Mr. Kinsfoe's experience, his observations of the space and feedback received from his t~ eam members and other consultants, the following is the proposed timeline for the proj - - -a T"- --- n - - _. ~~ - u . i - i -._ - _---- f-- - - -- June, 2009 Discussions with local government agencies regarding zoning and use. Apply for zoning, use changes and licensing. Preliminary design meetings and architectural drawings. July 2009 Contact subcontractors and vendors and prepare construction schedule. Complete mutually beneficial lease/ purchase agreement Application for permits. August 2004 Acquisition and procurement of materials and fixtures. August - Build-out October 2009 Pre-booking of entertainment for Fall 2009. Interior finishes. Install fixtures. Nov. 2009 Install sound, lighting and video systems. Final inspections. End of Nov. Ernpioyee hiring and training. Operatianswolk-through. zoos Pre-opening events and gatherings (promotional activities? Dec 2009 Grand Opening ect. The timeline is projected and can be made flexible to address delays and opportunities as they arise. However the December 2009 opening, in time for the economic benefits of seasonal tourism, is highly desirable and should be attainable with teamwork. F. Benefits to the City of Delray Beach The following are recognized as realistic benefits to the City of Delray Beach: • Complete the construction and build-out of the ground floor commercial space. • Establish multiple businesses to fulfill the needs of the growing community. • Increase the Pineapple Grove /Old School Square stature within the downtown redevelopment area, chamber of commerce and surrounding community. • Provide long-term economic benefits with potential far the entire property to become a "centerpiece" for the Pineapple Grove Arts District and continuing the positive diversity of Delray Beach • Draw increased patrons to Pineapple Grove Arts District, thereby improving economic viability of existing and future businesses. • Increase use and awareness of the Old School Parking Facility as the most convenient place for area visitors to park vehicles as they explore downtown Delray Beach. • Expand the Art District to include Music related forms of Art Ap of these benefits can be accomplished while maintaining the ,purpose and character of the building. s G. Funding & Contractual Considerations Mr. Kinsloe submits the following conditions for consideration of funding and contractual obligations: • Negotiate and secure a mutually beneficial lease /purchase agreement by the end of July ~~9. • Agreement would need to be conditional on successful approval of changes in zoning use, issuance of full liquor licenses, and issuance of occupancy permits and continuation oftha5e perm its. + Cooperation with an expeditious construction schedule to allow #or opening at the beginning of the tourism season. • Mr. Kinsloe also seeks a long term common area use agreement and the ability to utilize parking without additional expense. Additionally, Mr. Kinsloe recognizes the need for The Old School Parking Garage to be utilized as an integral part of the city's Emergency Planning and welcomes the ability to participate with the city as needed. • The construction impact to the current parking garage operations will be minimal. • Cooperation with local, county and state agencies, business development organizations, chamber of commerce, and community leaders to assist in the creation of desirable business models far the entire Old School Parking Garage commercial space and the surrounding community. • The effective utilization of ail resources available including any public grants and/or funding incentives, business and professional networking, marketing assistance, workforce development, and hospitality industry consulting services tv assist in creating, enhancing, and promoting the new businesses. • The use of the adjacent sidewalks, street parking, signage, and city services to allow for a safe, appealing, and satisfying experience all patrons provided it allowable 6y the local governing authorities. Mr. Kinslae is open to discussion regarding these and any other conditions or concerns addressed by the owner and looks forward to productive discussions between all persons expressing a genuine interest in bringing a quality live music venue to downtown Delray Beach. 7 ThamaS KinSloe I was born and raised in metropolitan Chicago. I am the middle child of seven from a working class family. My parents taught me that being honest and hard working would result in success. After graduating from high school !have achieved the following; • Worked in construction, rehabbing many older homes on the city's south side. • At age 20 I was accepted into the Pipefitters' Union Apprenticeship Program in Chicago. After 4 years of training, I became a journeyman, then progress to foreman, superintendent and an to project manager. • At agg 34, started a MVAC Mechanical contracting business out of my garage. Within 3 years bought an 11,000 sq. ft facility to support the growing client roster and 50 employees. • Simultaneously operated as the General Contractor for several single family homes. + In Jufy 2002 I moved to Deerfield Beach, Florida and earned the state General Contractor and Plumbing Licenses. I also hold a Real Estate Sales Associate license. • Started a remodeiing/general contracting business, specializing in kitchen and bathroom renovations. Financially, the business has performed decently but the last 2 years have been difficult due to the recession and especially in the construction industry. In addition to my construction background, l have bought, renovated and later sold many homes and small apartment buildings. I have an ability to see things not just as they are but for what they could potentially become, Bill [Hisashi) Suzuki I was born as raised on the southern island of Kyushu, Japan. I lived there until I graduated High School. After graduation, I went to Osaka, Japan to work and continue my education. In 1971 I was sent to the United States for technical assistance in metallurgy, as well as the sale of wire rope. The wire rope is used to manufacture fasteners, nuts and bolts to the automotive industry, as well as farm implements and hardware. Since that time I have achieved the following: • In 1972 I moved to Chicago, married my current wife and worked at Hi-Temp as a metallurgical engineer. Hi-temp is a commercial heat treating and plating company, which employs approximately 200 people. • Promoted to plant manager in 1 of their 3 plants. • In 19851 became a shareholder in purchasing Hi Tech and became Vice-President. • In 1998 we sold the company to Gilbraltar Steel after the major shareholder became ill. At that time we were well known in the industry. • Stayed an far 3 years after the sale to assist with the transition • After those 3 years I left the company to pursue other interests. • In 20x4 I started a business of buying and ceiling homes. Due to the current economic conditions I decided to concentrate on General Contracting. • Since then I have been involved in many restaurant build ants and remodels. I have the knowledge, resources and ability to take a new project from scratch and tom it into reality. James Schwab I was born and raised in Chicago. I am the oldest of 3 sons from a working class family. I attended college for 1 year prior to being drafted by the Army. After my 3 years with the Army, I went to work for Illinois Bell Telephone Company. I have since achieved the following: • In 1971., Illinois Bell put me thru their management and building operations school. From that I learned electrical, plumbing and construction. • Promoted to upper level management and over saw building operations for 5 central sta#ions. This included building employees and maintenance engineers. • Put myse#f thru night school to earn a college education. • In 1990, I started my own HVAC business and expanded into Genera! Contracting. Company grew from 4 full time employees to 38 full time employees. At that time I retired from Illinois Bell. • Redefined my operations to reduce personnel and became selective on jobs we were awarded. We used our own in house employees far quality control and time management. • In 2003, due to a family situation, moved to Fort Myers, Florida. My wife and I opened an Internet Cafe with 12 computer stations and a coffee and sweet service. • In 2004 my family moved back to Chipga for my daughter to complete her High .School education. I have continued my General Contracting business. With my extensive background in the construction industry, I have the knowledge and ability to take projects from start to finish. MEMORANDUM To: David T. Harden, [ity Manager From: Joseph M. Safford, Finance Director Date: July 17, 2009 Sub'ect: Old School S uare Retail S ace- 3 Million Taxable Line of Credit As a follow-up to the recent City Commission Workshop meeting discussing the Old School Square garage retail space, we contacted our Bond Counsel, Steve Sanford, Greenberg Traurig P.A. regarding the sale of the retail space in the Old School Square garage and the $3 million taxable line of credit. In particular, we wanted to clarify what the IRS requirements are for this taxable line. of credit and the possible impacts related to the $24.6 Million Utility Tax, Series 2007 tax exempt bond issue. • What are the IRS requirements as to when the City must sell the retail space property? The City must be "under an arrangement" within 18 months of the date the City entered into the taxable line of credit tSeptember 26, 2008) or March 26, 2010, The IRS term "under an arraneement" does not necessarily mean a lease with an option to buy or a purchase .and sale contract. it can also mean a contract with a real estate broker hired to find a buyer. The City is under contract with Coastal Commercial Group LLC (dated October 1, 2008 expiring September, 2009) to find a buyer for the retail space at the Old School Square garage. A copy of this contract was supplied to our Bond Counsel. • Can you review the broker contract with Coastal Commercial Group, LLC and determine if this qualifies as an acceptable contract? Yes, this qualifies as an acceptable contract but with a few concerns. Our Bond Counsel would recommend that upon renewal (September 3D, 2009) that the term of the contract be extended to a 2-3 year term to encompass the 18-month requirement and #hat the City revise the provision in the existing contract allowing the broker to terminate the contract in 30 days. If the broker chose to terminate the contract prior to the end of the 18 month period the City may not have enough time within the 30-day timeframe and before the end of the 18 month period to enact a new contract and the City therefore could be without a contract. • How much would the City have to sell the retail property for in order to comply with IRS regulations? The City would have to sell the property at or near current market rates. The City will not be penalized if it sells the property below the $3.0 million taxable line of credit amount due to current market devaluations but the sales price must be reasonably close to the current existing market rates and the funds received must be used to pay down the taxable line of credit. • if the City enters into a lease with an option to buy within 4-5 years, would this be acceptable #o the IRS in resoling this situation? As pre~ious[y stated, the City must enter into a contract (arrangement) within 18 months of the taxable line of credit [by March 26, 2010). If the City enters into the lease with an option to buy, and allows. the broker agreement to expire, the option to buy must be exercised within the ~.8 month period. This is why the broker agreement should be extended to allow time to sell the property. 1# the option to buy is not exercised or the lease is terminated within 18 months, the City would still be under contract with the Broker.) if that contract is properly extended. A lease with an option to buy contract is not going to work unless it is exercised {property is purchased} within the 18 month period. If the option is not exercised and the City no longer has a broker contract, the City will be penalized by the IRS. • What is the potential IRS penalty if the property is not sold within 18 months and the arrangement entered into within 18 months is terminated? The IRS could determine that the City's tax exempt bond issue (524.6 Million Utility Tax Revenue Bonds. Series 2007] be treated as a taxable bond issue retroactive back to the date of issuance of the bonds. Bondholders would have their interest earnin s taxed as income instead of their promised tax-exempt. status. It would be recommended that Steve Sanford be invited to a City Commission meeting to address this important subject and clarify ail questions the City Commission may have. This should be done before any decision is made to enter into any form of agreements on this space. Cc: Brian Shutt, City Attorney 5#e~e Sanford, Bond Counsel, Greenberg Traurig P.A. Becky O'Connor, Treasurer Ingrid Kennemer, Coastal Construction Group LLC 3820490382/WPB/01.6787.41000(f MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 7, 2009 SUBJECT: AGENDA ITEM WS.4 - SPECIAL/WORKSHOP MEETING OF AUGUST 11, 2009 POLICE DEPARTMENT STAFFING AND CRIME UPDATE ITEM BEFORE COMMISSION Police Chief Anthony Strianese will provide the Commission with a Police Department Staffing and Crime Update presentation. MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 7, 2009 SUBJECT: AGENDA ITEM WS.S - SPECIAL/WORKSHOP MEETING OF AUGUST 11, 2009 PRESENTATION OF THE PROPOSED UTILITY RATE STRUCTURE MODIFICATIONS ITEM BEFORE COMMISSION Staff will present it's final proposal for modifications to the City's water and sewer utility rate structure. BACKGROUND In October, 2007, the City approved a Service Authorization with CH2M Hill for a cost of service rate study for water and wastewater utilities. The project also included a review and analysis of the City's reclaimed water rate structure as well as connection fee rates for water and sewer and other utilty oriented service fees and charges. At the May 12, 2009, SpeciaUWorkshop meeting, preliminary results of the study were presented to Commission as well as the computer model used for the analysis which will also become a forecasting tool for planning future rate requirements. At that time, Commission indicated agreement with the philosophy and goals of the proposal. We have now refined the proposal, integrating modifications to the retail reclaimed water rate structure as well as reclassification of the potable irrigation user category. We surveyed connection fee rates of utilities in the southeast Florida region and are proposing increasing our connection fees to approximate averages of the results of that survey. Staff is prepared to present the final rate structure proposal to Commission for comment and discussion. RECOMMENDATION Staff requests direction from Commission as to proceeding with required ordinance revisions to implement the rate structure proposal. Existing Residential Rates Customer Char a $2.94 Capacit Char e $12.78 Commodit char a per 1,000 als Ok - 3k $1.75 4k - 20k $1.94 21 k - 35k $2.14 36k - 50k $2.32 51 k+ $2.65 Existing Irrigation Rate Customer Char e $2.94 Capacit Char a see matrix Commodity charge $1.94/1,000 gal Existing Reclaimed Water Rate Commodit char a per 1,000 als Wholesale $0.28 Retai I $1.00 Existing Connection Fees Water $788.00 Sewer $1,084.00 Non Residential/Irri ation ca acit char e 3/4" meter $12.78 1" meter $21.32 1 1/2" meter $42.53 2" meter $68.08 3" meter $149.03 4" meter $268.20 6" meter $596.02 8" meter $1,021.62 10" meter $1,617.64 Proposed Residential Ra tes Customer Char a $2.94 Capacit Char e $12.78 Commodit char a per 1,000 als Ok - 3k incl in base ch 4k - 12k $1.25 13k - 25k $2.00 26k - 50k $3.50 51 k+ $4.50 Proposed Irrigation Rate Customer Char e $2.94 Capacit Char a see matrix Commodity charge $2.43/1,000 gal Proposed Reclaimed Water Rate Commodit char a per 1,000 als Wholesale $0.28 Reta i I Ok - 25k $1.00 26k - 50k $2.00 51 k+ $2.50 Proposed Connection Fees Water $1,600.00 Sewer $1,200.00 Non-Residential Rates unchanged MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 7, 2009 SUBJECT: AGENDA ITEM WS.6 - SPECIAL/WORKSHOP MEETING OF AUGUST 11, 2009 FY 2010 BUDGET DISCUSSION ITEM BEFORE COMMISSION The item before Commission is a discussion regarding the FY 2010 Budget. BACKGROUND Attached for Commission's review is a spreadsheet of General Fund Fees organized by department. There are also separate documents attached regarding Cemetery Fees, Tennis Fees, the recently revised Development Application Fees (Ordinance 33-09) and Parking Fees. In the Tennis Fee attachment, the "Proposed" column is the existing FY 08-09 Fees; the proposed budget includes Tennis fee increases; this information will be provided separately. Also attached is a sample Severance Waiver & Release for Commission that we used last year, in case layoffs become necessary. Last year's Severance Program included: . 1 week of pay for each completed year of service, with a minimum of 4 weeks pay, and a maximum of 12 weeks. . Accrued vacation time paid in full . Accrued sick time paid out in accordance with Policy for employees who resign with notice or retire with more than 20 years of service, whichever is appropriate. . Medical insurance at current rates would continue for the length of the Severance Period. 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m ~ ~ o °J ° ~ ° o •, c ~ m ~ s ~ m - o ~ ~ ra o ~ m ~ ~ o ~ m ~ ~ ~ ~ ° ~ - o 0 o ~ c ~ v ~ m ;~ u ~ ~ ~ ~ ~ ~ ~ ~ F ~ ~ ~~ o w m ~ ~ a~ ~ 0 o v ~ ~ w ~ _ _ °~ °~ m~~__ ~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ m ~~ ~ ~ ~ ~ '~ ~'~' ~- T _ _ ~ Q '--' ~ > U U U U U U O O ~ ~ ~ ~ > ~ ~ ~ r s 3 > ra O ~ ~ ~ m o 'J ~ o o ~ o O ~ ~ c v c c ~ ~ ~ ~ .r ~ ~ ~ ~ ~ ~ ~ ~ m ~ ra ~ ~ c ~ r s o ~ ~ v~ u v~ ~ a } Q ~ .~ ~ ~> a~~ Z Q H ~ v , ~> Q Q w .~ .~ N r~ m m~~> ~ D~ S~ > O > ~ > O T ~ > O T ~ D ~ D ~ D ~ ~ ~ ~ C 7 LL ~ C 7 LL ~ ~ ~ ~ ~ ~ - - - - - - - u u N N rp rn rp ~ LL rp ~ LL O O O O O O O O O K K K K K K K K K N Q1 d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d C C C c C u u ~ ~ m ~ ~ ~~ N Q1 N Q1 N Q1 Q Q Q Q Q Q N Q Q1 Q OJ Q Q1 Q OJ Q Q1 N Q1 N Q1 N Q1 N Q1 N Q1 N Q1 N Q1 N Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q m ra m N m N N N ~ E E E E E E E E E E E E E E E E E E E E E E E E E E E E~~~ aJ OJ aJ >>> aJ > aJ > O O v u O O O O O O a a a a a a O a O a O a O a O a O O O O O O O O O O O O O O O O 6~ 6 a a a a a a a a a a a a a a a a Q Q Q o > -_ ~ 3 o ~ i ~- ~ >- ~ _ ~ ~ ~ ~ ~ % = m v~ ,~ n = U ~ o c ~ i °~ ~ ao ~ ~ ~ ~ E v ~ v i ~ ~ ,_ _ ,~ .~ ~ ,~ m ~ " ~ ~ o cn o ~ ~ ~n ~ N o ~ ~ ~ ~ ~ Q ~ .~ ~ ~ ~ ~ m ~ ' ~ ~ ~ o c Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c _ ~ ~ o w ~ o ~ c ~_ o ° ~ c E ~ o~ ~ ° ~ ~ vim, vim, u °J ~ v~ °~' ~ ~ m ~ m ~ m ~ ~ ~ 0 0 0 0 0 0 0 0 oa o~ oa o~ cO co o~ co 0 0 0 0 0 0 0 0 o m ~ ~ > z ~ ~ ~ ~ ° ° '~ '~ '~ '~ ~ w ^~ ~, ~ ~ ~n m ~ ~ . ~n ~n O O ~n 0 O 0 0 0 0 0 0 0° 0 o 0 o 0 0 0 0 0 0 0 ° o 0 0 0 0 0 0 c o !n v /} ~ ry .~ ~p .~ °o °o °o °o °o °o 00 0 0 ~~ 0 0 °o °o `-" '-" a m 0 ° N ~ ~ o ~ m 0 o r iri ~ ° m ° ° O ~ ~~ ~ ~ N ° m N N ~ ~ o O ~ ~ r U N v~ v~ to v~ ~ o ~ v~ v~v~~~ ~ ~ , ~ ~i,`i'~~~~ ~ N ~ ~ ~ ~ v~v~ v~v~ v~ vi `i' , ~~ur'I' i' `mi' ~ ~ ~ t ~- ~ ~ U ~ .~ N a N ~ ~ ~ ~ w a u ~ ,~ O O ~ N m m ~ ~t~~ N O ~ i t/} d O _ N O U w y N Q N ~ ~ w ~ ~i C ~ w ~ ~ C N ~ ~ O C O ~ r w ~ y ~ c ~ .~ Q " i 3 ~ ~ o ., ,~ w ~ z ~ °~ Q ° ° o ~ ~ ~ n o ~ w °- o ~ ~ ~ a o ~ c ,~ ~i ~ ew v, ~ ° ~ . °J Y N S cc ~ ~ o .o ~ ~ ~ ~ ~ 0 0 0 o - . , ~ ~ ~ ~ o ~ ~ ~ ~ ~ w ~ m w l7 ~ .~ ~ ~ ~ ~ ~ o ~ u .~ ~ ~ ~ o Q ~ ~ ~i ~ ~ a ~ ,~ ~ ~ ~ ~ i i i ~ v ~ i ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ v ~ 0 0 ~ ~ ~ ~ ~ ~ L L L ~ Q c w ° ~ a~ ~ I o o ~ .~ m ra nfl ~ ~ i i ra .- ra ra ra ra ~ ~ nfl ~ ~ ' ~ E - ~ ~ ~ ~ ~ °J U ~ ° ~ ~ y U U ~ o U U U u ~ ~ ~ ~ ~ ~ ra ~ ~ ~ ~ ~ a ~ ;~ c c c c c U o 0 0 0 o ao ~ ~ ~ Q i ~ >. ~ >. ~ ~ ~ o '~ ~- ~- ~ a~ ~ a~ ~ r ~ ~ ~ °- w "° ~ ti0 U ~ ~ ~ 's ~.~ '~ ~.~ 's - c ~ ~ w ..r ~ ~ ~ ~ ~ ~ a ~ cc ~ ~ E ~ ~ ~ a i o J L ~ ~ ~ ao ~ ~ ~ ~ o ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ao J U' ~ ~ ~ ~ Y t!1 Y to K Q Q Q Q Q U .~ U Q Y ~ ~ ~ ifs to vl d' cc G G ~ vl v7 vl Q ~ J t!~ ~ ~ ~ ~ hA hA w N i i i - - N N N N N N N ~~~ rn ~ rn ~ rn ~ rn bA M hA N N U' U' U' U' U' U' U' O O O ~- ~- ^- ~- N N OJ v] to v] to v] to v] v] i~ v] O O O to (a ~ (a ~ ~ +-' C +-' C +-' C ~ ~ ~ O ~ O ~ O ~ U U U U u u u~~ ~ ~ ~ u u u u u u u u u u u u ~ ~ C u N ~ ~ ~ ~ ~ r r r y U U U '~ '~ '~ '~ '~ '~ '~ '~ '~ '~ ~~ ~~ ~~ N OJ N lf1 lf1 lf1 O O O O E E ~ E .1 r *.1 .1 .1 .1 7 ~ 7 OJ OJ N N OJ L ~ L ~ L ~ ~ L ~ ~ ~ ~ N ~ N N N . ~ ~ ~ ~ ~> ~> ~> ~> Q¢ Q O O ~ ~ ~ Q Q Q Q Q Q Q Q Q Q Q Q Q v v v Q Q Q ~n ~n ~n vim, a a a a 3 y ~ ~ ~ o c °~ o ~ -_ ~ a o %n ~ ~ ~ ~ '~ °J ~ ao ~ ~ ~ ~ ~ ~ ~ ~ Ol 6l Ol 6l Ol 6l Ol 6l Ol 6l Ol O O O O O O O O O O O c0 oa o0 00 00 oa o0 00 00 00 00 O O O O O O O O O O O N O O - 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Q 3 ° o o ~ E~ 3 ° ~ E S Q O cn _ r O O '-' >- ~- ' ' N ~- ~- O ' ' N M N t!i d' d' Y U U U U t!i v1 ~ OJ 'v m LL N N N N N N N _ 'v _ 'v _ 'v m m m m m m m LL LL LL N N N .u .u m ra m LL LL N m a ~ - ~ v v1 41 ~ ~ i v ~ p 7 ~ ~ iD O O ~ L y (p • UJ VI U ~ v1 ~ tlOD t ~ U UJ w fl_ VI _ v ~ ~ Y ~ v ~ 3 ° ~ o c t ~ v ~ ~ ~ nn ~ io s o ~ ~ 3 tlD U1 O O ~ Q y ~ ~ U ~ ~ ~ ~ Y tlD ~ O O ~ `~ v O O O C O O C~~~ v ~ • Y O O- (p o y v O O_ ~ p O_ yJ O U O L-+ ~ ~ UJ 00 y0 ~ ci Q w i O~ t v ~ ~. v ~ O ~ v ~ O ~ ~ ~ O to O ~ UJ f0 ~' v v v1 U tlD ~ U U O ~ ~ > ~ L', v c „, ~O >. • ro c ~ 0 ~ 3 ~ c ~ ~ v c ~ nn p t ,~ 3 °' o ° °' c =' 3 • v ~ ~ ~ ~ v E ~ °1 Y .~ ~ n n Y ~ fl- v v y o o ~ ;° v ~ ~ ~ ~ ° ~ ~ v a v aL ~, 0 U !~ C O_ C =~ O ~ w y v c O G ~ ~~ U (o X v v ~ ~ v y O_ U v p i U O y O UJ vi ~ (L U i ~ C UJ O w v v a~ ~~ 3 y v iD U tlD ~ ~ O v ~ ro O? O L Q y O~ Q~ t O y UJ VI ~ ~ L U v U ro y0 p !n O ~ ~ L C O v ~ O C v O ~ VI ~ v ~ 9- r-+ O_ UJ L (0 O ~ io O- , .n •~ ~ X O O O v N (o Y ~ Q U ~ ~ pQ ~ Y ~ ~ ~~ v v ~ LL~ v ~ O E i - iD . C ~ UJ ~ v ~ Q Q Y Q t L U ~ ~ ~ ~ ~ L ~ ~ Q ~ ~ ~ ~ ~ ~ U ~ i ~ ~'' w 7 O 0 v v~~ v f0 ~ O v O y a io 3 fl-- v X LL o s .n ~ Q , v O C~ ~ ~ O M ci v ~ + N ~ C O O~ U ~ v~~ v N Y C v O U z~~ y O p ro z= ,.. O v 0 ro z y 3 3 n ~~ DELRAY BEACH MEMORIAL GARDENS MUNICIPAL CEMETERY PRICE LIST Effective Febr>~ary ~9, 2008 PRE-NEED/AT-NEED PRICE PLOTS Resident $55.00 Non-Resident $93.00 Infant Resident $52.50 Infant Non-Resident $t~o.oo OPENING & CLOSING** Resident Tues-Sat $525.00 Non-Resident Tues-Sat $550.00 Infant Resident Tues-Sat $50.00 Infant Non-Resident Tues-Sat $100.00 Resident Monday $630.00 Non-Resident Monday $660.00 Infant Resident Monday $r25.oo Infant Non-Resident Monday $r5o.oo Resident/Cremains (no set up) Tues-Sat $75.00 Resident/Cremains (with set-up) Tues-Sat $i25.oo Resident/Cremains (no setup) Monday $50.00 Resident/Cremains (with set-up) Monday $22,.00 Non-Resident/Cremains (na set up} Tues-Sat $roo.oo Non-Resident/Cremains (with set up) Tues-Sat $x.50.00 Non-Resident/Cremains.(no set up) Monday $t75.oo Non-Resident/Cremains (with set up) Monday $250.00 ~~' Opening and Closing includes set-up with tent and or chairs, unless otherwise indicated. If funeral services start or extend beyond 4:00 p.m., a fee of 100.00 per hour shall be charged until such service is concluded. Such fee shall be paid either prior to the funeral service (if scheduled to start or conclude beyond 4:00 p.m.) or within xo days of receiving an invoice from the City. S:~City C1erk~CEMETERY~Price List-General.doc DELRAY BEACH MEMORIAL GARDENS MUNICIPAL CEMETERY MAUSOLEUM PRICE LIST E~'FE(;'['1VE FEBRIIARY ig, ~oa8 LEVELS PRE-NEED/AT-NEED PRE-NEED/AT-NEED RESI1)EN'l' NON-RESIDENT SIDE BY SIDE (Double} Sixth $3,640.00 $4,660.00 Fifth $3,640.00 $4,660.00 Fourth $4340.00 $5,425.00 Third $4,340.00 $5,425.00 Second $4,040.00 $5,050.00 First $4,040.00 $5,050.00 TRUE COMPANION Sixth $3440.00 $4,300.00 Fifth $3440.00 $4,300.00 Fourth $4,140.00 $5,t~5.oo Third $4,140.00 $5,~~5.00 Second $3,840.00 $4,800.00 First $3,840.00 $4,800.00 CREMATION NICHES Twelfth $595.00 $14.00 Eleventh $595.00 $14.00 Tenth $595.00 $14.00 Ninth $595.00 $14.00 Eight $595.00 $~r4.oo Seventh $7g5.oo $14.00 Sixth $795.00 $954.00 Fifth $~g5.oo $954.00 Fourth $795.00 $954.00 Third $795.00 $954.00 Second $695.00 $834.00 First $695.00 $834.00 S:~City C1erk~CEMETERY~Price List-IVtausoleum.doc ._ . D~~.I~A1F ~FAG~-1•:I'ENT+l1~ 4BNT1rR FISCAL YEAR ~UUlI-~QQ9 '? .PR~POSI~D ~.~i~~~ MEIUIBERS~IA Ri~T~S ~ ~ :.; TYRE O,F ANNUAL.M~M~1=R8HIP (9A/Q~/08.9/3D/0~ _ •. i _ RESIDENT . ..EX~Sa'ING . PROPQSfD . ~ % INC - .~ REASED: 1 SINGLE $•.: $`15.00. $ 325.00 ~ • ° 3:2 /o FAMILY' $. • ~80.tl0 $ ~ `.~Q0.410 ' 42% • JUN1O~ .. $ < 50;00: $. ~ 60:Q0 0.0°lQ. ....,. HIGML-AND BRACH RES1bENT;~ . . .. . S1N~1:~ .. .: $..':440:Q0:;. .'$ . ; 4~OaQ9 : ; 2.8°l0 •': FA~MtLY : '$~ 615;Qd'• , . $ '63~ Q~7` . . 3,~Q/o :: :. , ;: _ . V.Qb/0 , .. .. ~, .- :• N.bN-RESIDENT ... . .. .. ,. _ .. ,.... ~~JaIQt,E $:555.Q0' ~ $~: 58:5:00: :., .. i 8% 1~ ~ - , .. , .:~ JIJL~TJ;~,R .,. :..$:` 1Q0:00: ' ... .:$ 100,00 Q:Ob/Q TY'I~~L:O~' ~~IMJ~1~R IVIEIYIBER~M p (%°I1D . i. ,C i~~ r r~ ~r~+~ 8 91301Q91: .~w~~..~n.. f RG_ S:IC?E.h1T' _ ' ~• I . ,.: SINGLE. ' .. $ :'130.00' $; 1.50,00 ,: 15:~.%~. ~'~JVJ14Y:. $: .196 00.. ~$-: 2`i5;,0p :. ` . 10 3% , . ,JCi>~II~iR: . :. $' $5,00.. _, $ 36:00. , p.O~/A• HIGHLANb bEAGH: Rf_SIDENT ~ • ~ . ~, ~ ~ . ; .' , `. SI~4a~•E. `$ '170 00 •$ 190,00. - `. 11:$% F~#~11;.~( '. . $.:255 OQ $ 276.00. 7 8°l0 JUI111'aR ' , $ :. ,9.5 Op: ~~ 45,bQ. •p,0% ,: NON:~RESIDEN'~ ' • ;... ~.IN~L.E $ 205 OOc . $: 22,5.:00. 9.8°l0 FAI~IJLY $:. 296 QO ~ $ 345,:00;' 8.8% . :JUNIQ R, ' $~ . 55.:Q0 $ 55,Op' . .0';0% NOTE: MEMBER~WIP RATES:LISTED ABOVE DO NOT INCLUDE FLQJ~IDA 3ALES.TAX: .FAMILY=HUS~gND, IN(FE ANI~ OHIhQREN. EJTHER UNpER THE AOE OF 1.8 OR UNDER. THE AGE 1F 21 ANb ATTENDING $Cf-jOOL QN A FULi..TIME-BASF. { .. .. _ -. DEGRAY B;~ACH:T~NN,I~S;Gi~~VT~~R - F~SCAL`Yf~AR~.20~8~2009 t ... .. .. •. .~ . • ~. .: RRORO~I~D'IyIAX~IV~UIVI_DA[ • . . .•. . LY RAfE-S~ .. . . GQIJRT.FEES = HARD.000RTS:(PER PERSON) i COURT l'IMES::: ~ COURT.:TIM~S-. MQRNIN©%~VENING . AFTERNOQN ~.. NOV.. •1•-APRIL 30 EXISTING RROPOSED . p/o INCREASED EXISTING PROPOSED % INCREASED _ . ..CITY RESIREN7"S :.. • : ;. . :. A.pUi,TS $b,75. $f3,00t~ :4;3% $~:7~•• :: ;`$~.OR: ~ ,5.,~Q/Q , JUNIORS . $3.25: :$3 25': . .:" Q Q% :: $'2;75 '~~ $2 75..• .: 0;0,%0 ,:. :.. CO.l~1yTY•R~SID~NTS::`. •..: _ .... . ~.Ap.~JLTS •: $6,75 ; .. :. ~7OQ . 3..7%. $5.75 . .:,$3.;~Q •` .. . ..:~ ' , :4~:~°~o. ~ ::: ,1LlI~CQRS`.:>...::.'... ..; $~~50,,:.:. $3.50 .: .. .O:Q%: , :...$3;75 . . ..: $37~' ~.~~ ~ . , , .:..Q.©°/o NON' R~SIp~NTS ~ •. :; A13~LTS ...$x:50' '_ ~3.75~ . • 2:9g/o. . •, $~QQ ~:$7:y5 ~:.33°/p , ,~U1~;fE~R~; .: X5;25 $5:~a ' = ~0:;0% .$4:.75 ~ :~ $4 TS.: ,. : Q 0~% ~.... MAY.1 Ot/T'31 EXI` 'STjNCB. 1PRal5 S`ED ., %INCREASED .• EXIS_'fiNG.. PROF?OSfsD .:. .1o~.INCI~EAS~b '~DU,L"j"kS '- . $3,2~ $3:50 7.7% :.$'3,~5 '$.'~. 50: 7 7%a JUNIORS $O, QO.. $O..Od n/a . "; $0.00. $Q Q0.. ` . n/a' . . :.:: t~QUN1Y RESID~~NTS ., :; . ,, . , ' . ARULTS : • $4,'75 ~ , $5: 00 . 5;3% ' ' $4 25. ~ `$4 5Q' 5, 9°10` .~UN~~I~S .:.. . . $2:75.. $2i7~ b~0.% $2:75 :: ~2 75' ..... Q:I~°Io, ,. NQ:N~R~SIbENTS .. •.. • Mk0h1LT~ $5.2,5 . , ... $5:50 .. `' 48% $,5.75. . ; : $6;00 :` : 4.3.% • JUNIORS ~4:QQ' $4;00: 4:0%: $4;OQ ' $4 00. O Q%' . - ALL: PRIGf?S~INCLUQE 6.5% FLORIDA $ALEa.TAX ©E Y B A M TENN~~ . ~ ~~~ : ' 1~I~A .. ,~, :G.._ . S:G~NT~R FISCAL YEAR .2Q.08-200.9. ,i .. I Pf~O~ROs~D IVI AXIM:I~'M•DAILY RATES COURT F~~S = CLAYS COURTS (PER RERSON) 4 COURT TIMES;::.... .. .. .. ~QU.R~ TIMES; i MORNIN G%~VENING AF~ERNO~N~ - I NOV; ~, APRIL 30 EXISTING PROPOSED %•1NCREASSD.' EXI8TING PRQPOSED %~INGREASED . i _ . I:. G~~`.;RM=SIDENTS ADULTS, ' ~ $8 50 ` . , .$8:,7,5. 2:9% ~ ' ' $6:75: ; .$:7.Q0 3.7_'%0. Jl1N101~$.; _ $5.75.. '.0 0°/u ,: '.$`~. 75:: _ - $42~'. : $~:~5 0..0%0 .. •.... GC7Uf~TY R~$IpENTS:, .: :, . , .. ,. AQuLT$ • -$11~QQ'. $1.1.5©.., '4'.'5% $8:25 $$ 50 . 3;0%4 JUNit`~~t$ ~. • $7.7;2 , ;' ,. ,$7;75 .. 0 0% :.:.. $5;25 .. $5:2~ •: 00% AC~~InTS ~ . ` $14.'50 $1~4 75 .:, .1{]°ln $~..1::50 $1~,QQ Q3% : . ~. JUIV,~Of~v~ $:9;75 $~9s75~ Q% '.4 ' $71,25 ~ X7:26;; ~ ' 0`% .Q.' , MA11~'1CT~31 XIrE , STING PRO~POS_ED Q~I~ ~AS~D ~ XIS7'1NG'' PROPOS~D % INC~R~AS OIT~ I~E~Ib>=N'fS •.: - ' .. lap~.J1-~"a .. $$ ;OQ $8:25 =3,1 % $6 26 , $6 50` A O% ,IUNIQRS ;:; $4:00 - $4:OQ ., . '. 0,0% ' : $3:00 , .. .::: $3.Q5'' d,b°/o' ,. . GOUNTY R~51b~NTS. ApU1.`TS.: ~ $9:,~5. $1Q:OQ 2t~%: . $7,25• ~,$7 50., 3 4%u JUNJOR$: $5,50 $5:50 0:0% $4:00; $.4'.0'0'. Q tl%q. , NON-RE~IO~NTS ... .. •: QRU.L.7S :: $12.50 $1$,,00. :4.0% $9..,75: $1Q 00 '. :' 2,6% ~1UNIORS, $8.5Q .: . $$•;.r50: 0.0%;~ : $5;50 $~.SQ O:Q°fo ALL PRIDES INCLlJ.D~ 6:5•% FLa7f~IDq.SAC~S TAX; ~. ~ . bELRAY BEP~CH. TEt~IN1S ~ENT~R~-~RISCA~~YEAR 2008-2009 ` E PRQPQS~I~• MAXIMUM~MISCELLANEO,U$'RATE$ ~ ~ EX fSTING PROP SED. o /.INCREASED. I_IOHTS:(~ .1 /2 HUUR$) _ :.$5:62 ; . ,$x:53 - `. 0.2% .. LOCKER RENTAL.(YEARLY) ..$30".00 $30.0. - 0;0%0 ,. BAhL MACHINE. RENI`AL . . .• . • $15,00 ..$16,00..: ~:.0;0%: ,.. RACQUET.R~NTAL ~.~ `. $2:0.0 . _ $2,00 .0,04/0'.... ., . MIS~EL~[.ANEOUS":RATES.DO NOT:~NCLU.p1=,FL.bRIgA SALES,'TAX " :. PRIUA7E LRSSON~RATES ... ..:. ~ .. • - :,~ ..:..:. ~ • .,...:........ ,:.:•;. :":'~' , EXISTING :,:: ~ ~,. .. PRQ,P(JSEp:::.`::.'., ,: :: .o/::. a'JN Cf~~A~~ . OI~ErHALF.'HO:UR: .. ;;MEi~l1~ER%C~TYR~Saf~~NT`.• ~~3~.Q,p :.~34QfJ . - .. - 0~/a Q - ::~ ~ TY R ;~ D Q N f'~ ~ ENT$ , ; $~4fl Q~ ~. ~ ,.~ $~0 08 .. . 0 Op/a ' - ".Nr~NyI~~~It~~N'fs . .$~~tQ4. $,4.4 OD 0 0%, 1tJC~;I~RS G~l7N`fY' ~~. ' $~$ 00:. $2~,OQ •. 0 0%... ,~uN1O:R Ndt~r~ESIDENT: ~,. .. ..;: . . ' MEM~ER$/G~ITYRESIDENT" '.$56OQ; $56 pQ `'.OOa/o. `: COUNTY RE~ID~NTS $64 00' .... $64 00 :• ' .0 0%a ; ` NQN I~E,SfpENTS. '' : $77,'QA~. ;$'77.80 0 0%Q" J~JNIb;E~S C.~?I~NTY ., $47 0~.. $47 00 . 'Q 0% ., ,JUNIbRS ~l:ON RESIDENT" ..: ~: $5,00 ', $57 00 ;0 0%. :, : ,, , ~ . ;. DELRAY BEACH TENNIS CENTER -FISCAL YEAR 2009-2010 PROPOSED MAXIMUM MEMBERSHIP RATES TYPE OF ANNUAL MEMBERSHIP (10101!0 9-913 011 0] RESIDENT EXISTING PROPOSED SINGLE $ 325.00 $ 325.00 FAMILY $ 500.00 $ 500,00 JUNIOR $ 50.00 $ 50.00 HIGHLAND BEACH RESIDENT SINGLE $ 450.00 $ 450.00 FAMILY $ 635.00 $ 635.00 JUNIOR $ 75.00 $ 75.00 NON-RESIDENT SINGLE $ 565.00 $ 565.00 FAMILY $ 785.00 $ 785.00 JUNIOR $ 100.00 $ 900A0 TYPE OP SUMMER MEMBERSHIP (511108-91301091: RESIDENT SINGLE $ 150.00 $ 150.00 FAMILY $ 215.00 $ 215.00 JUNIOR $ 35.00 $ 35.00 HIGHLAND BEACH RESIDENT SINGLE $ 190A0 $ 990.00 FAMILY $ 275.00 $ 275.00 JUNIOR $ 45.00 $ 45.00 NON-RESIDENT SINGLE $ 225.00 $ 225.00 FAMILY $ 315.00 $ 315.00 JUNIOR $ 55.00 $ 55.00 NOTE: MEMBERSHIP RATES LISTED ABOVE DO NOT INCLUDE FLORIDA SALES TAX. FAMILY=HUSBAND, WIFE AND CHILDREN EITHER UNDER THR AGE OF 18 OR UNDER THE AGE 1F 21 AND ATTENDING SCHOOL ON A FULL TIME-BASIS. DELRAY BEACH TENNIS CENTER -FISCAL YEAR 2009-2090 PROPOSED MAXIMUM DAILY RATES COURT FEES -CLAY COURTS {PER PERSON) GOURT TIMES: NOV. 1 - APRII.30 EXISTING PROPOSED CITY RESIDENTS ADULTS $8.75 $10.00 JUNIORS $5.75 $5,00 COUNTY RESEDENTS ADULTS $11.50 $12.00 JUNIORS $7.75 $6.00 NON-RESIDENTS ADULTS $14.75 $15.00 JUNIORS $9.75 $10.00 MAY 1 - OCT 31 EXISTING PROPOSED CITY RESIDENTS ADULTS $8.25 $9.00 JUNIORS $4.00 $4.50 COUNTY RESIDENTS ADULTS $10.00 $11.00 JUNIORS $5.50 $5.50 NON-RESIDENTS ADULTS $13.00 $14.00 JUNIORS $8.50 $7.00 ALL PRICES INCLUDE 6.5% FLORIDA SALES TAX DELRAY BEACH TENNIS CENTER -FISCAL YEAR 2009-2010 PROPOSED MAXIMUM DAILY RATI=S COURT FEES -HARD COURTS {PER PI=RSON) COURT TfMES: NOV. 1 -APRIL 30 EXISTING PROPOSED CITY RESIDENTS ADULTS $6.00 $7.00 JUNIORS $3.25 $3.50 COUNTY RESIDENTS ADULTS $7.00 $8.00 JUNIORS $3.50 $4.00 NON-RESIDENTS ADULTS $8.75 $10.00 JUNIORS $5.25 $5.00 MAY 1 - OCT 31 EXISTING PROPOSED CITY RESIDENTS ADULTS $3.50 $5.00 JUNIORS $0.00 $1.00 COUNTY RESIDENTS ADULTS $5A0 $7.00 JUNIORS $2.75 $3.50 NON-RESIDENTS ADULTS $5.50 $8.00 JUNIORS $4.00 $4.00 ALL PRICES INCLUDE 6.5% FLORIDA SALES TAX DELRAY BEACH TENNIS CENTER -FISCAL YEAR 20D9-2090 PROPOSED MAXIMUM MISCELLANEOUS RATES EXISTING PROPOSED LIGHTS {1 112 HOURS) $6.00 $7.00 LOCKER RENTAL (YEARLY} $30.00 $40.00 BALL MACHINE RENTAL (PER HOUR} $15.00 $17.00 RACQUET RENTAL $2.00 $3.00 MISCELLANE=OUS RATES INCLUDE FLORIDA SALE=S TAX PRIVATE LESSON RATI=S EXISTING PROPOSED ONE-HALF HOUR: MEMBERSICITY RESIDENT $34.00 $34.00 COUNTY RESIDENTS $40,00 $40.00 NON-RESIDENTS $44.00 $44.00 JUNIORS COUNTY $29.00 $29.00 JUNIOR NON-RESIDENT $37.00 $37.00 ONE HOUR MEMBERSICITY RESIDENT $56.00 $56.00 COUNTY RESIDENTS $64.00 $64.00 NON-RESIDENTS $77.40 $77.00 JUNIORS COUNTY $47.00 $47.40 JUNIORS NON-RESIDENT $57.00 $57.00 d U C n L' FR d ~"` ~ s R m o~~ iG Yi ~ N p ~ E ~~ x ~ ~ gNNN ~ z ~_ ~N ~ ~ N ~ ~ss s. ~~ ~~~ s ~' a ~ Oz } ~ N v ~ °~ ~ ~ ;S ~ ~~ K LL ~~ ¢ 4 ~ K = ~ N N N Wy pp ~ F 4 N N r pp 2 Z = N xit~ ~ OV ~ a~ N 7 ~ e O W ~ n ~ ~ ij ~ W Z N [ !!~~~ ~~R ~ 2 a ~$ ii ~.. ~~ O~• ~ { ~ Q ~ fO-! 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WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 1 S, 2009 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4){c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Subsection 2.4.3(x), "Fees", Sub-subsection (1), "Development Applications", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {1} Develo went A lications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications-shall provide multiple fees. (a) Comprehensive Plan .Amendment $-~98 2 625 (b) Review of a ADAIDRI Modification of a DRI ~~ (c} Voluntary Annexation with Zoning ~-1-8~(4) 1 160 4 (d) Rezoning of Land ~- X998 2 100 (e) Modification of a SAD Ordinance to add a use or uses $-889 2 100 (f) Conditional Uses, New Application $--~89 1 575 Modification requiring Board Review ~---~--~9 640 (g) Master Plans $-1~5{~) $1 275 1 Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1{B)] ~---~8 640 (1} Sxmllarlty of Use X8-5- 320 (j} Site Plan Review: Class I {Non-Impacting Modification) $~® 115 Class II (Non-Impacting with Board Review) ~§ 240 Class III (Minor Modification) $--~-59~1~ 580 1 Class IV (Major Modification) -~} 960 1 Class V {New Submission) ~' '~ 1 275 1 (k) Extension requests for a previous conditional use, site plan or master development plan (12) Class I Site Plan Modification ~--~~ $ 60 Class II Site Plan Modification $-----I~ $ 120 Class III Site Plan Modification $----~~ $ 290 Class IV Site Plan Modification ~--4~8 $ 455 Class V Site Plan ~~9 $ 640 Master Development Plan $--1~1~ $ 640 Master Development Plan modification (5) Conditional Use ~--758 790 Conditional Use Modification ~~. 320 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness far Major Development $ 280 (1) Plats Minor Subdivision ~$---~5{~-} 960 1 Major Subdivision ~ '~~ 1 920 1 Plat Recording Fee (3) 2 ORD. NO. 33-09 (m) Abandonments Right-of--way ~{e 790 General Easements $---~8 390 Specific Easements ~ 195 (n) Master Sign Program $-~38 160 (o) Variances Board of Adjustment ~-T--~88 52S Historic Preservation Board $ 250 {p) Formal interpretation by the Board of Adjustment $---b8 (per item) x---68 65 (q) Certificate of Appropriateness by Board (14} Minor Development $ 60 (2} Major Development $ 555 {-~-} {r} Certificate of Appropriateness by Staff $ 0 (13) (s} Request for Historic Designation $ 60 (per property} Request for Change of Historic Designation or Classif cation $ 60 (per property) (t) Hearing before the Board of Adjustment $ ©° (per item) $-- ---f 9 65 (u) Temporary Use Request involving City Commission $- ~~ 140 Action {v) Water Service Agreement Request - - without concurrent site plan $-------~8 140 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change X1;388 1 575 (x} Waivers and Internal Adjustments $~--1.38 140 per request {6) ~-----~9 265 per request (7} (y} Appeals by Applicant $---~~ 355 (g) (z} Advertising (9) 3 ORD. NO. 33-09 {aa) Zoning Verification Letter Interpretation of existing LDRs Requiring Research for Previous Development Activity (bb) North Beach/Seagate and Ocean Neighborhood Overlay District Review (cc) Application Fee for In-Lieu Of and Public Parking Fee Requests (dd} Ad Valorem Tax Exemption {Review Concurrent with COA Review) Ad Valorem Tax Exemption (Review after CO received for approved development) (ee) Re-Submittal Fee will be charmed on the 3'~ and subsequent re-submittals f Le a1 Review of Documents er document ~8 $ so $ 130 plus $35 per_hr in excess of 2hrs $ 1,560(1) ~"~) 240 10 $ 0 $ 60 $ 200 1S0 (gg,~ Applicant's request for PostnonementlContinuance(per request) 75 hh Stand Alone Bars er re nest NOTES: $ 50 {1} Plus an additional fee of $100 per acre, (or fractian thereof), beginning at 3.01 acres; or 100 for each new 10 000 s . ft. or fraction thereo above 100 000 s . ft. ofnon-residential or mixed-use floor area• or 50 for each new 10 residential units or fraction thereo above 100 units whichever is eater up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which maybe applicable to the request. (3) $30.00 for the first sheet of the plat, $15.40 for each additional sheet, or as modified from time to time by Pahn Beach County, payable to Palm Beach County. (4} Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1}acre in size. (5) Same fee that would apply for site plan modification. (6) For requests made during the site plan 1 master plan review process. (7) For requests made subsequent to the site plan 1 master plan review process. 4 ORD. NO. 33-09 (8) Includes appeals of both administrative decisions and Board actions. (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10} If approved, this fee will be credited toward the associated site plan modification. (11) Recording fees of any documents shall be paid by the Applicant (12)Two fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one project. (13) There is no fee if the item is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, andlor Conditional Use. 15 Re-Submittal fees are onl assessed if the 3r~ and subse uent re-submittals are re aired because initial technical comments were not addressed in revious submittals and are not a result of new comments or revised proposals necessitated by staff comments. Section 3. That Subsection 2.4.3(x), "Fees", Sub-subsection (3), "Permit Fees", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3) Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a) Shrub Clearing Permit: -- one acre (b) Tree Removal Permit: $100 and $10 for each additional acre $ 25 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, ar if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $ -0- (c) Temporary Use, not requiring City $ 150 Commission action (e.g. Tents) (d} Mitigation Verification Affidavit $25 ORD. NO. 33-09 (e} Work in the Public Right-of--way $15 (f) Renewal/Extension of Permit $150 (g) Signs and Signing Application Fee $25 Permit Fee, non-electric $21 sq. ft. l face Permit Fee, electric $20 Plus $2 / sq. ft. /face {h) Permits for new buildings and additions which include all the following items: * Building Permit * Electrical Permit * Plumbing Permit * Mechanical Permit * Roofing Permit For permit activity valued at $1,000 or less: -- Minimum fee of: $Sd -- Plus: $30 per required inspection -- Plus: $SOperreinspection (1) -- Plus: $100 leach change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of:$SO and $20 per each additional $1,000 of value, or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor (i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000 or less: -- Minimum fee of: $40 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor ~ ORD. NO. 33-09 For permit activity valued at $1,001 or more: -- Minimum fee of: $40 and $20 for each additional $1,000 of value or fraction thereof -- Plus: $50 per reinspection (1} -- Plus: $1001each change of contractor (j) Permits far sub trade work including, but not limited to: * Site work * Structural Pest Control * Underground Fuel Tanks * General Construction * Subcontracts for General Construction For permit activity valued at $1,000 or less: -- Minimum fee of: $50 -- Plus: $34 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $1001each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $50 -- Plus: $40 for each $1,000 of value or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor (k} Moving of a building or structure: $400 (1) Demolition of single family residence: $250 Demolition of commercial structure: 250 for eve 5 000 s . ft. Demolition of commercial accessory building. $ 150 per building Interior demolition for sin le famil & commercial onl •non-structural 200 (m) Drilling or Driving a Potable well: $70 {n} Change-out Permits: A change-out permit is for work by asub-trade contractor ar qualified owner-builder which involves the repair or replacement ofminor components. Minor components include, but are not limited to, showers, sinks, water heaters, air- conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical 7 ORD. NO. 33-09 fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. Value of less than $200: $ -0- Value of $200 to $1,000: $50 Value greater than $1,000 per normal permit (o) Certificate of Occupancy: -- Conditional Certificates: $700 (p} Penalty for failing to call for a final inspection: $100 {q) Penalty where work is begun without a permit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. {r} A11 service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. {s) Construction Trailer: $250 each plus sub trade permits {t) Sales Trailer: $750 each plus sub trade permits. (u) Accessory Buildings_ Pre-Fab: Up to 36 sg. ft: $ 50 + $30_per required_inspection 37 sq. ft. and above: $100 + $30 per required inspection Site Built: Up to 36 sq. ft.: $100 + $20 per require_d_ inspection 37 sq. ft. and above: $150 + $20 per required inspection (v) Electrical Inspection of Unoccupied Property for Meter .Installation: Residential $250 Commercial $300 {w) Electrical "Temp for Test" 30-day Power Release: 8 ORD. N0.33-09 v~ to 2000 sa. ft. X100 ?,aoo sq. ~. to s,oao sq. ft. __ __~lso s 001 s . ft. to s 0 000 s . ft. 200 50,001 sa. ft. and over $300 NOTE {1}: Reasons necessitating additional inspection fees include, but are not limited to: * The work, or correction to previously inspected work, does not meet code requirements; * An incorrect address is on the application by action of the applicant; * The work, or correction to previously inspected work, is not ready for inspection at the time specified in the application for reinspection. 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 decisian shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall became effective immediately upon its passage on second and final reading. 1 ~^ . ASSED AND ADOPTED in regular session on se and final readin on this the ~~ day of , 2009. ~~h MAYOR ATTEST L C.~ ~ ~ ~ City Clerk First Reading ~~ Second Reading ~ ~ ~~ ORD. NO. 33-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.33-09 (SECOND READINGISECOND PUBLIC HEARING}. ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider acity- initiated amendment to the Land Development Regulations (LDR) 2.4.3(K}, "Fees", Sub-subsection (1), "Development Applications", Sub-subsection (3}, "Permit Fees", to provide for an increase in such fees. BACKGROUND At the first reading on July 21, 2009, the Commission passed Ordinance No. 33-09. RECOMMENDATION Recoxnamend approval of Ordinance Na. 33-09 on second and final reading. http://miweb001/Agendas/Bluesheet.asp~?ItemID=2425 &MeetinglD=214 817/2009 ORDINANCE NO. 33-09 AN ORDINANCE OF THE CITY COMMISSION Op' THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 2.4.3(K}, "FEES", SUB-SUBSECTION (I), "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (3), "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on .tune 15, 2009 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4}(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Subsection 2.4.3(K), "Fees", Sub-subsection (1}, "Development Applications", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: _ (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment X98 2 62S (b) Review of a ADAIDRI ~ Modification of a DRI $--~1~ {c) Voluntary Annexation with Zoning X93{-4) 1 160 4 {d) Rezoning of Land $---989 2 100 (e} Modification of a SAD Ordinance to add a use or uses ~ X999 2 100 (f) Conditional Uses, New Application $--~99 1 575 Modification requiring Board Review X1-9 640 {g) Master Plans ~'~(1-) $1 275 1 Master Plan Modification (S) (h} Formal review of a Sketch Plan [Section 2.4.1(B}] 9 640 (i) Similarity of Use ~- 320 (j) Site Plan Review: Class I (Non-Impacting Modification) $---~8 115 Class II (Non~Impacting with Board Review) $-~~ 240 Class III (Minor Modification) ~--359~f} 580 1 Class IV (Major Modification} ~} 960 1 Class V (New Submission) ~ 1~-~1} 1275 1 (k) Extension requests for a previous conditional use, site plan or master develaprnent plan (12) Class I Site Plan Modification ~-----3~ $ 60 Class II Site Plan Modification $-x-13 $ 120 Class III Site Plan Modification ~--~~ $ 290 Class IV Site Plan Modification $--~-4~8 $ 455 Class V Site Plan ~---~8 $ G40 Master Development Plan $--1~-1-~ $ 64fl Master Development Plan modification {5) Conditional Use $--739 790 Conditional Use Modification ~--•-~9~ 320 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness for Major Development $ 280 {1) Plats Minor Subdivision {-1-) 960 1 Major Subdivision ~~82~F1} 1 920 1 Plat Recording Pee {3) 2 ORD. N0.33-09 (m} Abandonments Right-of--way $---~9 790 General Easements $-~-----~9 390 Specific Easements $------1-~8-5 195 {n} Master Sign Program $--~---1~9 160 {o} Variances Board of Adjustment $--~99 S2S Historic Preservation Board $ 2S0 (p) Formal interpretation by the Board of Adjustment $---CB (per item} x-68 65 (q) Certificate of Appropriateness by Board {14) Minor Development $ 60 (2) Major Development $ 555 {~} (r} Certificate of Appropriateness by Staff $ 0 {13) (s} Request for Historic Designation $ 60 (per property) Request for Change of Historic Designation or Classification $ 60 (per property) (t) Hearing before the Board of Adjustment ~~ (per item} ~ ~0 65 (u) Temporary Use Request involving City Commission ~- ~~ 140 AGtlon (v) Water Service Agreement Request - - without concurrent site plan ~----1-39 140 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change X599 1 575 (x} Waivers and Internal Adjustments 8 140 per request {6} $~ 265 per request {7} {y) Appeals by Applicant ~-~~ 355 {8} (z} Advertising {9) 3 ORD. N0.33-a9 (aa} Zoning Verif cation Letter Interpretation of existing LDRs Requiring Research for Previous Development Activity (bb) North Beach/Seagate and Ocean Neighborhood Overlay District Review (cc) Application Fee for In-Lieu Of and Public Parking Fee Requests (dd) Ad Valorem Tax Exemption {Review Concurrent with COA Review) Ad Valorem Tax Exemption {Review after CO received for approved development) (tee) Re-Submittal Fee will be charged on the 3rd and subsequent re-submittals (ff? Lega_1_Review of Documents. (per document) 60 ~ 130 plus $35 per hr in excess of 2hrs $ 1,560(1) $,-z'~) 240 10 $ 60 $ 200 (15) lsa (~~) Ap,piicant's request. for_PostponemcntlContinuance(per request) 75 {hh) Stand Alone Bars flier request) NOTES: SO (1) Plus an additional fee of $100 per acre, (or ~} fraction thereof), beginning at 3.01 acres; or 100 for each new 10,000 sq. ft. {or fraction thereof} above 100,000 sq. ft. of non-residential or mixed-use floor area• or 50 for each new 10 residential units or fraction thereo above 100 units whichever is reater up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which maybe applicable to the request. (3) $30.00 for the first sheet of the plat, $15A0 far each additional sheet, or as modifed from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived by the City Manager, for properties that have already been developed, or far sites under one (1) acre in size. (S) Same fee that would apply for site plan modification. (6) For requests made during the site plan /master plan review process. (7) For requests made subsequent to the site plan /master plan review process. 4 ORD. N0.33-09 (8} Includes appeals of both administrative decisions and Board actions. (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10) If approved, this fee will be credited toward the associated site plan modification. (11) Recording fees of any documents shall be paid by the Applicant (12)Two fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one project. (13)There is no fee if the item is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or Conditional Use. (i 5) Re-Submittal fees are only assessed if the 3rd,,and subsequent re-submittals are required because initial technical comments were not addressed in previous„slhmittals and are not a result of new comments or revised proposals necessitated by staff comments. Section 3. That Subsection 2.4.3{x), "l"ees", Sub-subsection (3), "Permit Fees", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3} Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a} Shrub Clearing Permit: -- one acre $100 and $10 for each additional acre (b) Tree Removal Permit: $ 25 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $ -a- (c) Temporary Use, not requiring City $ 150 Commission action {e.g. Tents} {d) Mitigation Verification Affidavit $25 5 ORD. N0.33-09 {e) Work in the Public Right-of--way $1S {fi) Renewal/ExtensionofPermit $150 {g) Signs and Signing Application Fee $25 Permit Fee, non-electric $21 sq. ft. l face Permit Fee, electric $20 Plus $2 / sq. ft. l face {h) Permits for new buildings and additions which include all the following items: * Building Permit * Electrical Permit * Plumbing Permit * Mechanical Permit * Roofing Permit For permit activity valued at $1,000 or less: -- Minimum fee of: $50 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor For permit activity valued. at $1,001 or more: -- Minimum fee of:$SO and $20 per each additional $1,000 of value, or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor (i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000 or less: -- Minimum fee of: $40 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $1001each change of contractor 6 ORD. N0.33-09 For permit activity valued at $1,001 or more: -- Minimum fee of: $40 and $20 for each additional $1,000 of value or fraction thereof -- Plus: $50 per reinspection (1} -- Plus: $1001each change of contractor {j) Permits for sub trade work including, but not limited to: * Site work * Structural Pest Control * Underground Fuel Tanks * General Construction * Subcontracts far General Construction For permit activity valued at $1,000 or less: -- Minimum fee of: $50 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor For permit activity valued at $1,001 or more: -- Minimum fee o£ $50 -- Plus: $~10 for each $1,000 of value or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor (k} Moving of a building or structure: $400 Demolition of_st_ngle family residence: $250 Demolition of commercial structure: $250 for every 5,000 sq. ft. Demolition of commercial accesso buildin 150 er buildin Interior demolition for sin le famil & commercial onl •non-structural 200 {m) Drilling or Driving a Potable well: $70 {n) Change-out Permits: A change-out permit is far work by a sub-trade contractor ar qualified owner-builder which involves the repair or replacement of minor components. Minor components include, but are not limited to, showers, sinks, water heaters, air- conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical 7 ORD. N0.33-Q9 fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. Value of less than $200: $ -0- Value of $200 to $1,000: $SO Value greater than $1,000 per normal permit (o) Certif cote of Occupancy: -- Conditional Certificates: $700 (p) Penalty for failing to call for a hnal inspection: $100 (q) Penalty where work is begun without a permit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. {r} All service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs andlor clubhouses in residential communities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. {s) Construction Trailer: $2S0 each plus sub trade permits {t} Sales Trailer: $7S0 each plus sub trade permits. (u) Accessory Buildings:. Pre-Fab: Up to__3.6 sq._ft: $ SO + $30 per required inspection 37 sq. ft. and above: $100 + $30 per required inspection Site Built: U to 36 s . ft.: 100 + 20 er re aired ins ection 37 s . ft. and above: 1 SO + 20 er re wired ins ection (v) Electrical Inspection of Unoccupied Property for Meter Installation: Residential $250 Commercial $300 w Electrical "Tern for Test" 30-da Power Release: 8 ORD. NO.33-D9 up to 2oaa sq. ~. $lao Z,aoa s~. ~. to s.ooo sq. ft. $lso s.aal sg. ft. to so,ooo scl. ft. $200 50 001 sg. ft. and over , ,,,,,,,,,,,,_$300 NOTE (1): Reasons necessitating additional inspection fees include, but are not limited to: * The work, ar correction to previously inspected work, does not meet code requirements; * An incorrect address is on the application by action of the applicant; * The work, or correction to previously inspected work, is not ready for inspection at the time specified in the application for reinspection. 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 decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of 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. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYO R City Clerk First Reading Second Reading 9 ORD. N0.33-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: July 10, 2009 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF JULY 21 2009 ORDINANCE N0.33-09 FIRST READINGIFIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 2.4.3(K)(1) &(3) to provide for an increase in the Development Applicatian Fees and Permit Fees. BACKGROUND During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. Increases in development application fees were processed in 2005 and 2007. While there have been several recent fee adjustments to individual applications, the last overall re-evaluation and adjustment of the fees was approved by the City Commission on August 21, 2007. Staff has researched adjacent municipality fee schedules for similar development activities and has determined that an additional increase in the Development Application fees of 5% is justified. This increase would place the City of Delray Beach's fees comparatively closer to the fees charged by the adjacent municipalities. It should be noted however that the application fees far developments within historic districts or far individually designated historic properties will remain unchanged. The current fees are commensurate with adjacent municipalities. The amendment also eliminates the DRI (Development of Regional Impact) fee as this application type has been eliminated by the Florida Legislature (Senate BiI1360). The proposed amendment also establishes a new fee of $150.00 for legal review of documents, a fee of $75.00 for an applicant's request for postponement or continuance at the Board meeting, a fee of $50.00 for "stand alone" bar requests, and a re-submittal fee of $200 to be charged on the 3rd and subsequent re-submittals of the development proposals. In the past, staff has periodically reviewed applications which have required more than two revisions prior to proceeding to the Board. In those cases a full re- review by all staff disciplines and outside agencies is required, thus surpassing the review costs associated with the initial application fee. Modifications are also proposed to the sliding fee structure http:l/miweb001/Agendas/Bluesheet.aspx?ItemID=2380&MeetinglD=213 7/28/2009 Page 2 of 2 for site plans, master plans and plat applications for parcels which contain less than 3 acres but may have floor areas in excess of 100,000 sq. ft. or contain over 100 residential units. The amendment adds a sliding fee of $100 per each 10,000 square feet (or fraction thereof) in excess of 100,000 sq. ft. or an additional fee of $50 for each ten (10) units (or fraction thereof) over 100 units far a maximum of $3,000.00 per project. Additionally, the fee for zoning verification letters has been modified to establish a two tier system. The costs for zoning verification letters pertaining to the interpretation of the existing LDRs for a specific use will be $60.00 (one-half reduction of the current fee}. However, requests for zoning verification letters that require research pertaining to previous development activity will be assessed the base fee of $130.00 plus an additional fee of $35 per hour for research exceeding 2 hours. Finally, the proposed ordinance also modifies permit fees pertaining to demolitions by creating specific categories as opposed to the current overall flat fee and adds new fees for accessory buildings, electrical inspection for unoccupied properties and electrical "temp for test" 30-day power release permits. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 1 S, 2009. The Board requested that the re-submittal fee of $200 be clarified so that such fee would only be assessed if the 3rd and subsequent re-submittals are required because initial technical comments were not addressed in previous submittals and are not a result of new comments ar revised proposals necessitated by staff comments. No one from the public spoke on the issue. The Board unanimously recommended approval on a 4 to 0 vote (John Miller, Chuck Halberg and Deborah Dowd absent}, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve the City-initiated amendment to Land Development Regulations Section 2.4.3(K) (1)&{3} to provide for an increase in the Development Application Fees and Permit Fees, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M)(S). Attachments: - Ordinance No. 33-09 - Planning and Zoning Board Staff Report of June 1 S, 2009 httpa/miweb001/Agendas/Bluesheet.aspx?ItemID=2380&MeetingID=213 7/28/2009 s ~;'_ AGENDA NO: V. B. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGUI"ATIONS SECT3ON 2,4.3{K){'t}&{3) TO PROVIDE FOR AN INCREASE IN THE DEVEL©PMENT APPLICATION AND PERMIT PEES. .~ .~:- ~- The item before the Beard is that of making a recommendation to the City Commission regarding an amendment to the Land ©evelopment Regulations {LDRs) to increase the land development application and permit fees pursuant to LDR Section 2.4.5{1lll}. Pursuant to Section 'I.1.6{A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is to Section 2.4.3 {K){1)&({3} which outlines the current fee schedules for "Development Applications" and "Permit Fees"_ During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. In 2005, and~again in 2007 LDR amendments were processed that increased the development application fees by 5°/a. In addition, the proposals, included significant adjustments for processes that were undervalued such as requests for zoning verification letters and included a new fee for a Certifiicate of Appropriateness {COA) as it related to demolitions, new construction and additions in historic districts that required Board review. In 2007 larger increases were also adopted far Amendments to the Comprehensive Plan, Rezoning, Amendments to the Land Development Regulations, Conditional Uses, Abandonment of rights-of way and Variances. The proposed Changes also included a new fee for advertising casts that required the applicant to pay for all the advertising casts, including newspaper publications, and to provide self addressed envelopes with the required postage for mailed notices prior to the hearing before a Board or the City Commission. This is a common requirement of other municipalities. Subsequently, several fee adjustments have been made to individual application requests. On February 19, 2008, increases were adopted for "Single Family Overlay District Review" to compcnsa#e far staff review and transmittal of plans by Fed>/x to Urban Design Studio as well as creating a separate fee for both the Conditional Use extension request and Site plan extension request when associated with a single project. On September 16, 2008, a foe schedule was established for all extension requests (approximately half the initial application fee} and on January fi, 2009, new fees were established far requests for changes in historic classiflcatians andlor designations and ad valorem tax exemption requests far historic properties. On February 17, 20l)9, the North 6eachlSeagate and Ocean Neighborhood Overlay District Review fee was increased to MEETING OF: JUNI~ 15, 2UQ9 - .:<t Punning and Zoning Staff Report -June 15, 2009 LDR Text Amendment -Land Developmen# Application and Permit Fees accommodate an increased in the contract agreement with the new "Urban Design Kilday Studios" for their design manual compliance review. On May 19, 2009, a fee for extension requests for master plans was added. ©evelooment Application l=ees Historically, Defray Beach has been a# the low end of the fee schedules in comparison to our neighboring municipalities, As stated above while several modifications have been recen#ly made t4 individual categories, an overall increase has not been considered since 2007. It shauld be noted that Palm Beach County recently adopted a new fee schedule that provides automatic increases every year for the next three years. Staff researched adjacent municipalities fee schedules for similar development activities and determined that an increase in the >~evelapment Application fees of 5°l~ is justified {the fees have been rounded up In increments of five dollars x$5.00}. This increase would place the Ci#y of Delray Beach's fees comparatively closer to the fees charged by the adjacent municipalities. l# shauld be noted however that the application fees far developments within historic districts or far individually designated historic properties will remain unchanged. The current fees are commensurate with adjacent municipalities. The amendment also eliminates the DRl (Development of Regional impact) fee as this applicatiort type has been eliminated by the Florida Legislature {Bill 360}. The proposed amendment establishes new fees for legal review of documents, requests for postponement or continuation at the Board meeting by an applicant, a re-submission fee after the second revision, and far ustand alone" bars requests. Review of legal documents such as unity of titles, right-of v~rayleasement deeds, hold harmless and maintenance agreements necessitates additional review by the City Attorney's office and associated recording fees. As such a fee of $150.00 for each document is proposed. 1=stablishing a fee for an applicant's request for continuance of an action at a Rvard meeting is warranted as additional staff time to review revised submittals and to create new staff reports result in additional costs to the City. Thus, a new fee of $75.00 is proposed for each continuance. In the past, staff has periodically reviewed appHcatians which have required more than two revisions prier to proceeding to the Board. In those cases a. full re-review by all staff disciplines and outside agencies are required #hus, surpassing the review costs associated with the initial application fee. In addifaon to being a new source of revenue, it is also hoped that it will serve as a deterrent to submitting incomplete or inadequately prepared submittals. The fourth new fee proposed pertains to applications for "stand alone" bars, The LDRs establishes procedures for an application fora "stand alone" bar request which includes review of a written request, issuance of a letter confirming legal status and in cases of competing requests, preparing Planning and Zoning Board and City Commission reports outlining required findings of LDR Section 2.4.5(E). However, a processing fee has never been assigned for this process, This amendment recommends a fee of $ 50.00 for each application request. The proposed amendment also modifies the sliding fee structure for site plans, master plans and plat applications and adds a sliding fee based on floor area for non-residential or mixed-use projects and a sliding fee for larger residential projects based on the number of units. Currently, a sliding fee based on acreage is applied to sites greater than 3 acres with a maximum project fee of $3,000.00. However, sites less than three acres {3} that may have float areas in excess of 100,000 sq. ft. or residential units over 100 units that demands excessive staff processing are not being assessed a sliding fee and are subject to the same base fee far smaller developments. The proposed amendment establishes a sliding fee of $100 per each 10,000 square feet (or fraction 2 Planning and Zoning Staff Report --.lone 15, 2DD9 l_DR Text Amendment -Land Development Application and Permit Fees thereof) in excess of 100,D00 sq. fit. or an additional fee of $50 #or each ten (1D} units (or fraction thereof) over 1bD units for a maximum of $3,g00.D0 per protect. With the new fee a commercial development consisting of 200,000 square feet would be assessed a total processing fee of $2,275.Q0 {$1,275.00 base fee plus an additional $1,DOO.DD} compared with $1,275.DD if the sliding fee was not introduced. With the introduction of the sliding fee a new residential developments consisting of 250 residential units would be assessed a total processing fee of $2,D25 ($1,275.D0 base fee plus an additional $750.00} as opposed to $1275.D0 if the sliding fee was not introduced. Noted below are the siding fee schedule for the City of Boca Raton and the City of Boynton Seach. Ci of Boca Futon site lan a royals in all districts structure size ins uare feet: D-4,999 $1,761.OD 5,040-14,999 $2,315.DD 15,000-over $2,882.00 City of Boonton Beach (Now site plans or Maior Site Plan Modification total proiect sg. ff. Up to 2,999 $750 ,DOD-14,999 $1,ODD 15,ODD-49,QOD. $1,5DD 50,000-149,OD0 $2,000 150,DDD-499,999 $2,500 50D,OD0 + $3,000 Finally, the fee for zoning verification !effete has been madifed to establish a two tier system. The costs for zoning verification [afters pertaining to the interpretation of the existing t.DRs for a specit3c usa will be $6D.OD (one-half reduction of the current fee). However, requests for zoning verification letters that require research pertaining to previous development activity will be assessed the base fee ofi $130.Q0 plus an additional fee of $35 per hour for research exceeding 2 hours. 3 The Table below provides a comparison of the proposed ne~rv fees vs-ith a#her Municipalities. Planning and honing Staff= Report--June '15, 20Q9 LDR Text Arriendment -Land Development Appficafian and Permit Fees Permit Pees The proposed ordinance also modifies permit fees pertaining to demolitions by creating specific categories as opposed to the current overall fiat fee as well as add new fees fnr accessory buildings, electrical inspection for unoccupied properties and electrical "temp for test" 3Q-day power release permits. Pursuant to LDR Section Z.4.~(1Vl}(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Courtesy 1Vntices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Gauncil ^ Progressive Residents of C}elray (PROD} ^ Chamber of Commerce Letters of abjection and support, if any, will be provided at the Planning and zoning Board meeting. - _ ~~ '~ - - By motion, recommend to the Gity Commission approval of the amendments to' the Land Development Regulations Section 2.4.3(K)(~}&(3) regarding proposed increases fo the 1~and Development Application Fees, and Permit Fees, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set fnrfh in Section 2.4.a(M) of the Land Development Regulations. Attachment: ^ Proposed Ordinance 4 rL~ f !1 ~~.i~~ U ~C.~ 1.1 +'~-~i ` _ . .. ~ - r, ORT)INANCtM.hlt?. 3$-fl9 tREV~~.+r`1~~~~ The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinances: ORDWAiVCE NQ. 32-Q9 RN ORDINANCE OF THt= CITY COMMISSION OF THE CITY OF gELRAY BEACH, FLORIDA, AMENDING THE LAND gEVELOPMENT REGULATIONS OF THE CITY OF DELRAY t31=ACH, FLORtgA, t3Y AMEtVDtNG SECTION 4.4.13, "CENTRAL BUSINESS (GBDJ DISTRICT", SUBSECTION (8), "PRINCIPAL USES AND STRUC- TURES PERMITTED", TO CLAft11=Y THAT PUBLIC OPEN SPACEIPLA7A IS A PEKNITTED USE IN THE CEN"f'RAL BUSINESS DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN Et=FECTIVE IJATE. ~ . t}RQINANCE N0.33-D9 . , . AN ORDINANCE OF THE CITY COMMIS5ION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY DF g1wLRAY BEACH, FLORIDA, L3Y AMENDING 5UB5EC- TION 2.4.3(K}, "t=EES", SUt3-5UB5ECTION ('I), "D1rVEL OPMENT APPLICATIONSa, SUB-SUBSECTION . (3), "PERMIT FEES°, TO PROVIDt= FOR AN 3NCRI=ASE 1N SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, ANq AN EFFECTIVE DATE, QRt311VA~LCE N~1.35•fl9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES,. BY RMENDLNG SECTION 4.6.9, °OFI=-STREET PARKING REQUIREMENTS", SUBSEC- TION ~Cj, "NUMBI=R OF PARKING SPACES REQIIiREI~", SU&SUBSECTION (8), "MULTIPLE USES", PARA- GRAPH (A}, "51~IARED PARKING", TO ALLflV~ITHE UT1LI- 7_ATION OF THE SHARED PARKING CAt_CULATIONS TABLE FOR MIXED-USE 13EVELOPMI=NTS ~IHEN A RESIDENTIAL USE 1S NOT PROVIDED, PROVIDING R SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, ANDAN EFFECTIVE DATE. AN ORDINANCE OF THE C1T1( C01~1MISSIt~N ~OF 7HE CITY Ot" DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, 8Y AMENDING SECTION 4.3.4, °13A5E ~ DISTRICT: DEVELOPMENT STANDARDS", SUBSECTION (K),. "DEVELOPMENT STANC}ARDS MATRIX", TO CHANGE THE ~ MINIMUM 13UlLDING SETBACKS FOR THE. RESIDENTIAL OFFICE {RO) DISTRICT; PROVIDING A SAVING CLAUSi:~, A GENERAL REPERL.ER CLAUSE, AND AN EFFECTIVE DATE. The City Commission wilt conduct tiro (2~ Public Hearings far the purpose. of accepting public testimony regarding iha proposed. Ordinance. "t"he first Public Hearing wilt be hetd on TtIESDAY..1tJLY 29, 2009 AT ~fflO t? ~f, in the Commis- sion Chambers at City Na11,10fl N.W. 1st Avenue, Delray Beach,l=lorida.. If the proposed ordinance Js passed an first reading, a second Public Hearing +h+ill be held an Tt1ES. DAI: ALIGtJ$T ~4. 2009 AT 7:00 C? M, (ar at any ~eantinua- ticin ofsuch meeting which is set by the Commission] in the Commission Chambers at City Ha11,100 N,W.1 st Buenos, Delray Beach, F[orlda, Atl interested ci#izens are ihvltsd to attend the public hearings and comment upon the proposed ordinance or submit their comments Ln writing on or before the date of these hearings to the Planning and-zoning Departmen#. For furtherlnfarmatian or to obtain a copy at the proposea ordinance, please etintact the Planning and ~oning Depart merit, Clty~~~Hatl; ~10~ N.W. 1st Avenue, Delray Beach, Florida 33444 (email at pzmail@mydolraybeach.cvm~ ar by calling 5611243-7E14©}, 5etween.the hours of $:©fl a,m, and 5:00 p.t~,, Man~ay threugh Friday, excluding holidays, Wlease ~~e;~advi5ed thatif~a persiindecides to~~appeat any decision mods` kiy the City Cbmiftisstofi v~ith res~pact to any matter considered a#.these. Learings,: such person may . need to• ensure that a verbatim ~rectird~~includes; the testimony and',evidence upon which the: appeal is tq~be based.- Tlie Cify does itot p`ro~ide. Liar prapar~e`siicl'reeord pursuanf ta..FS: 28E~.0105.-.: ~.::.: ~ . CITY OP DELRAY BEACH . ~ .. . _ Chevelle D. Nubin, CMC.~ :: ~: ; :.•.:: ~ _ City Clerk.,:.,... ~':... ~< ~ ...`:: ` ..:.:..::.::.~. -:.:::::: ~.~•: ~:.: .. .. PLIBI.ISI~::. Tuesday; duly 14;2fl1)3i .:.,- : _,.~ :,.~:: ~ .:. ;:: :..~.:`ff`iursday, July ~n~~ ~tlQ9~'...:: ~:..:. ~. I~elrayBeaC5lBoca R;~#ori New~~ . ~. `::~:: ` Fee Review 2009 ~~,in-Lieu Fees -increased August 15, 2p06 Area # Area Desc, Previous Fee New Fee Area 1 East of Intracoastal Waterway $14,000.00 $ 1$,200.00 {ICW) Area 2 C13D -Swinton to ICW $12,000.00 $ 1.5,600.00 Pineapple Grove Main St. / Area 3 $ 6,000.00 $ 7,800.00 OS5i•iAD A 4 West Atlantic Ave. / CBD $ 4 OOOAO $ 4 000 00 rea , , . zonin Dist. Public Parking Fees -Established January 03, 2006 East of Swinton Ave. /South Area 1 of Dixie Hwy $18,000'00 Unchanged West of Swinton Ave, /South Area 2 of pixie Hwy. $16,000,00 Unchanged Vaiet Queue Parking Fees Prior to August 200& West of ICW $90.00 East of ICW $125.00 $135.00 Beach Parking Permits Since July, 2002 East of ICW $60.00 per year Unchanged ~*_Approved July 2002, effective October 1, 2002 Parking Meters Parking meters increased from $0.75 to $1.00 per hour with the installation of the new meters which was done in stages. Eff. September 2006 $100.00 POM Electronics on A1A & Atlantic Ave. started about March 5, 2008. Multi Space meters came on line August 15, 2008. SEVERANCE AGREEMENT AND RELEASE The CITY OF DELRAY BEACH hereinafter referred to as the "City" and (hereinafter referred to as the "Employee") agree to the following on this day of , 2008. 1) Separation from the City of Delray Beach -- The City and Employee have mutually agreed to the separation from the City as an employee effective 2) Severance Benefits -- In order to minimize the impact of this separation on the Employee, the City has agreed to provide a severance package to the Employee. The benefits provided in this severance package are greater than those that would have been provided to the Employee if he/she did not enter into this severance agreement. The benefits provided to the Employee by City pursuant to this agreement consists of: (a) Payment to Employee a severance payment, equal to week(s) (hereinafter referred to "Severance Package Benefit Period") of pay at the Employee's base weekly rate of pay (which reflects the policy to pay one week of pay for each year of the Employee's employment with the City provided however the payment is not less than four weeks nor more than twelve weeks regardless of service time). (b) a lump sum payment for accrued and unused vacation and sick leave, in accordance with the City's policies on such payouts, as of the date of termination set forth in Paragraph (1) above, as reflected in the records of the City of Delray Beach._ (c) Employer shall provide group health insurance to Employee. Employee shall be covered for group health insurance with Employer paying the Employer's portion and Employee paying the Employee's portion of the Employee's medical premiums for the Severance Package Benefit Period, provided that the Employee elects to continue group health insurance coverage and pays the Employee's portion of insurance premiums. Employee may elect to continue dependent coverage for the Severance Package Benefit Period ,provided Employee pays the entire dependent coverage costs. (d) Group Dental and Vision Insurance shall also be provided by the City for Formatted: Font: Not Bold the Severance Package Benefit Period, if so elected by Employee, if the Employee pays the total cost. (e) Life Insurance will be discontinued as of the termination date. (f) The Employee contributions/costs referred to above shall be deducted from the severance payment along with applicable taxes. (g) Upon termination of group coverage,~mployee and/or covered dependents Formatted: Font: Bold may elect to continue coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of 18-months (some specific circumstances may provide 29 or 36-months. 3) Release -- In exchange for the severance benefits listed in this agreement, Employee hereby releases, acquits, satisfies and forever discharges the City of Delray Beach and its agents, insurers, Employees, successors, affiliates, and assigns from any and all manner of action and actions, causes of actions, suits, grievances, claims, and demands of any land, including but not limited to suits under Title 42, United States Code, Section 1983, the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Florida Human Rights Act of 1992, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Family and Medical Leave Act, the Labor Management Relations Act, and any other applicable federal or state statute, or any local ordinance, or any other statutory, constitutional, or common law authority. This Release includes, but is not limited to, any cause of action arising out of or involving in any way the facts surrounding the employment of the Employee with the City of Delray Beach or the termination of the employment relationship between the City of Delray Beach and the Employee. 4) ~1DEA Release -- This waiver and release also applies to any rights employee may have under the Age Discrimination in Employment Act (29 USC ' 621). In waiving these rights, employee acknowledges that: (a) He/she has read and understood all the terms and conditions of this agreement, and has signed it knowingly and voluntarily; (b) He/she has been advised in writing to consult with an attorney before signing this agreement; (c) He/she has had a period of at least 21 days to consider this agreement before signing it; (d) He/she has received valuable consideration in exchange for signing this agreement, as set forth in paragraph 2 of the agreement; and that this consideration is more than what the Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Employee would be entitled to receive if he/she had not signed this agreement; (e) This waiver does not apply to any rights under the ADEA which may arise after the date that this agreement was signed; and (f) The Employee understands that he/she has a period of seven (7) days after the date that agreement is signed when the Employee may revoke the agreement as it relates to ADEA claims; and that after that seven (7) day period this release becomes fully effective and enforceable as to all claims including all ADEA claims. 5) Other Employment Benefits -- The Employee is entitled to any other benefits under any other Employee benefit plan in which he/she participated prior to the elimination of his/her position in accordance with the terms and conditions of those plans regardless of whether or not the Employee signs this agreement and release. 6) Workers Compensation and Unemployment Compensation -- Nothing in this agreement will affect the Employee's entitlement, if any, to Worker's Compensation or Unemployment Compensation. 7) Unemployment Compensation -- The City will comply with the laws regarding unemployment compensation, however, this voluntary separation may prevent Employee from receiving unemployment benefits. 8) Return of Employer's Property -- The Employee is required to return to City, all City property (including but not limited to IDs, keys, cellular phones, credit cards, and similar items). City will not release any payments due under this severance package until the property has been returned. 4 9. Expiration of Offer - In order to accept this agreement, the Employee must sign the agreement and release, and return the signed agreement to the City of Delray Beach within 21 days. If the agreement and release is not signed and returned within that time, the City of Delray Beach will assume that the Employee has decided not to accept the severance benefits offered, and the offer will expire. 10. Entire Agreement -- This is the entire Agreement and no other terms and conditions are binding on the City or Employee, unless expressly set forth in this Agreement. FOR THE CITY OF DELRAY BEACH: By: Date: EMPLOYEE: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2008, by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification. Notary Public -State of Florida 5 Memorandum To: David Harden, City Manager From: Doug Smith, Assistant City Manager Date: August 7, 2009 Subject: Boca Raton Budget Information Budget Officer Lisa Herrmann has provided the following information regarding the Boca Raton budget (and she is waiting on receiving additional information to provide): Operating Millage - 3.02 Fire Assessment fee is increasing from $30 to $40 for residences (commercial based on building size and will increase a commensurate amount). Total revenue from this fee increasing from $2.4 million to $3.3 million. Another revenue increase is that last year is the first year they have started charging sanitation fees. They are doing a 3 year phase in for the total cost and FY 09/10 it is expected to bring in an additional $2 million over the current fiscal year. They are using some reserves to balance. Their assessed value only decreased 9% for FY 09/10 and keeping the millage the same decreased ad valorem revenue by $4.7 million.