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03-16-10 Regular Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, March 16, 2010 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W.1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 ROLL CALL 2. INVOCATION The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL APPROVAL OF MINUTES: A. March 2, 2010 -Regular Meeting 6. PROCLAMATIONS: A. Alzheimer's Association Palm Beach Memory Walk Day 2010 - Apri110, 2010 B. Commending multiple medal winners -Delray Beach 2010 Senior Games C. Recognizing and Commending the Delray Divas Step Dance Teams D. Water Conservation Month - Apri12010 E. Fair Housing America Month - Apri12010 7. PRESENTATIONS: A. Matchpoint Presentation -Mark Baron CONSENT AGENDA: City Manager Recommends Approval A. SUSAN B. WILLIAMS HOUSE RESTORATION/.TUDSON ARCHITECTURE, INC.: Approve an agreement with .Tudson Architecture, Inc., in the amount of $26,500.00 for construction administration services regarding the Susan B. Williams House Restoration. Funding is available from 334-4851-575-62.89 (General Construction Fund: Buildings/Munnings/WMS Rehab). B. MEMORANDUM OF UNDERSTANDING: NATIONAL COMMUNITY STABILIZATION TRUST/REO ACQUISITION PROGRAM: Approve a Memorandum of Understanding with the National Community Stabilization Trust to participate in the Real Estate Owned (REO) Acquisition Program. C. AMENDMENT TO THE NEIGHBORHOOD STABILIZATION PROGRAM APPLICATION BOUNDARY AREA: Approve a request to amend the Neighborhood Stabilization Program (NSP) boundary area to add Census Tract 66.05. D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 1, 2010 through March 12, 2010. E. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Southland Painting Corporation in the amount of $50,630.00 for partial rehabilitation of Clarifier #4 at the Water Treatment Plant. Funding is available from 442- 5178-536-64.90 (Water & Sewer Renewal and Replacement Fund: Machinery & Equipment/Other Machinery/Equipment). 2. Contract award to Gulfstream Sports Group in the amount of $25,125.00 for replacement of bleachers in the gym at the Community Center. Funding is available from 334-4125-572-46.10 (General Construction Fund: Repair & Maintenance Services/Building Maintenance). 3. Contract award to RSI of Florida, Inc. in the amount of $59,640.00 for re-roofing the Water Treatment Plant Administration Building. Funding is available from 442-5178-536-62.10 (Water & Sewer Renewal & Replacement Fund/Buildings). 4. Purchase award to Garber Ford Mercury in the amount of $24,919.00 for one ~) 2010 Ford Crown Vic Police Interceptor replacement vehicle with options. Funding is available from 501- 3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). REGULAR AGENDA: A. WAIVER REQUEST/ATLANTIC OCEAN CLUB: Consider approval of a waiver request for Atlantic Ocean Club to Land Development Regulations (LDR) Section 4.4.13~)(1)(c), "Height", which requires a minimum floor height of 10 feet for the ground floor and 9 feet for all other floors. Located at the northwest corner of East Atlantic Avenue and the FEC Railway. (Quasi- Judicial Hearin) B. CONDITIONAL USE REQUEST/CHASE BANK: Consider approval of a conditional use pursuant to Land Development Regulations (LDR) Section 2.4.50, "Establishment of a Conditional Use", to allow a 4,214 square feet bank building with drive-thru facilities for Chase Bank located at the N.W. corner of N.E. 6th Avenue and N.E. 7th Street. (Quasi-Judicial Hearing C. APPEAL/HISTORIC PRESERVATION BOARD ACTION/14 SOUTH SWINTON AVENUE: Consider an appeal of the Historic Preservation Board's decision regarding a Certificate of Appropriateness associated with the installation of afree-standing sign on a contributing property located at 14 South Swinton Avenue. (Quasi-Judicial Hearing D. SUNGARD/ONESOLUTION SOFTWARE SYSTEM: Consider an offer from SunGard for acquisition of their ONESolution software system for finance and other administrative applications. E. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the March 9, 2010 First Nonpartisan Election. (ADDENDUM 10. PUBLIC HEARINGS: A. RESOLUTION NO. 09-10/CONTRACT FOR SALE AND PURCHASE/ANGEL ACQUISITIONS, LLC./216 S.E. 1sT AVENUE: Consider approval of Resolution No. 09-10 authorizing the City to purchase a foreclosed real property located at 216 S.E. 1St Avenue, to be utilized for affordable housing purposes, and approve a Contract for Sale and Purchase between the City and Angel Acquisitions, LLC., in the amount of $199,000.00. (STAFF HAS REQUESTED THIS ITEM BE REMOVED AS THE PROPERTY IS NO LONGER AVAILABLE). B. RESOLUTION NO. 10-10/CONTRACT FOR SALE AND PURCHASE/STELLAR HOMES OPPORTUNIA, LLC./2187 DORSON WAY: Consider approval of Resolution No. 10-10 authorizing the City to purchase a foreclosed real property located at 2187 Dorson WaX, to be utilized for affordable housing purposes, and approve a Contract for Sale and Purchase between the City and the Stellar Homes OPportunia, LLC., in the amount of $139,000.00. (STAFF HAS REQUESTED THIS ITEM BE REMOVED AS THE PROPERTY IS NO LONGER AVAILABLE. C. RESOLUTION NO. 11-10/CONTRACT FOR SALE AND PURCHASE/WELLS FARGO FINANCIAL SYSTEM FLORIDA/3740 LANCEWOOD PLACE: Consider approval of Resolution No. 11-10 authorizing the City to purchase a foreclosed property located at 3740 Lancewood Place, to be utilized for affordable housing purposes; and approve a Contract for Sale and Purchase between the City and Wells Fargo Financial System Florida in the amount of $135,000.00. D. RESOLUTION NO. 12-10/CONTRACT FOR SALE AND PURCHASE/LT.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)/1135 E. LANCEWOOD PLACE: Consider approval of Resolution No. 12-10 authorizing the City to purchase a foreclosed real property located at 1135 E. Lancewood Place, to be utilized for affordable housing purposes, and approve a Contract for Sale and Purchase between the City and HUD in the amount of $170,000.00. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B . City Attorney C. City Commission MARCH 2, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 2, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. William "Bill" Quick, Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.C., Acceptance of a Right-of-Way Deed/Stakler Holdings, LLC/Putt'n Around Delray Beach, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A., Item 8.G., License Agreement/Prep and Sports, Inc. (a/k/a XPE Sports), of the Consent Agenda be moved to the Regular Agenda as Item 8.L.1. Review of Appealable Land Development Board Actions IHPBI of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. Mr. Frankel requested that Item 8.L, Resolution No. 06-10, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A., and Item 8.K., Resolution No. 08-10 of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 03/02/10 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of February 16, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. All People's Day° -March 22, 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming March 22, 2010 as All People's Day. Susan Berkowitz-Schwartz came forward to accept the proclamation and recited a poem by Mahatma Ghandi. 6.B. Recognizing American Red Cross Month -March 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming March 2010 as American Red Cross Month. Tracy Sussman came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. Recognizing and commending Developer Frank McKinney and Delray Beach Fire Rescue Employees: Chief Edward Crelin, Lieutenant Steven Moews, Lieutenant Edmund Beardsley and Paramedic Gre~ory Tabeek for their aid and support with Haiti Relief Efforts Mayor McDuffie recognized and commended Lieutenant Steven Moews, Chief Edward Crelin, Frank McKinney, Lieutenant Edmund Beardsley, and Paramedic Gregory Tabeek for their aid and support with the Haiti relief efforts. David C. James, Fire-Rescue Chief, stated they did not have much time to respond to the request for assistance. However, Chief James stated these men had the right skills, were willing to volunteer, and did a fantastic job. On behalf of the Fire- Rescue Department, Chief James presented Mr. McKinney with a hat and a t-shirt. Frank McKinney came forward and gave a few brief comments. 7.B. RESOLUTION NO. 03-10: Approve Resolution No. 03-10 recognizing and commending Scott Lunsford for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 03-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 2 03/02/10 RECOGNIZING AND COMMENDING SCOTT LUNSFORD FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. office.) (The official copy of Resolution No. 03-10 is on file in the City Clerk's Mr. Eliopoulos moved to approve Resolution No. 03-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie read and presented Resolution No. 03-10 to Scott Lunsford. Lieutenant Scott Lunsford came forward to accept the proclamation and gave a few brief comments. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. PROPOSAL/STATE OF FLORIDA'S BUREAU OF HISTORIC PRESERVATION: Authorize staff to submit a proposal to the State of Florida's Bureau of Historic Preservation to host up to three (3) statewide Certified Local Government (CLG) training programs. 8.B. HOLD HARMLESS AGREEMENT/R.LS PROPERTIES, INC./TD BANK: Approve and authorize a Hold Harmless Agreement between the City and R.L S. Properties, Inc. to install an irrigation line within the Florida Department of Transportation right-of--way along S.E. 5th Avenue (south bound Federal Highway) for TD Bank located at 969 S.E. 5th Avenue. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.D. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve a new Interlocal Agreement between the City and Palm Beach County to reimburse the City $250,000.00 for the installation of the trombone mast arms at the intersection of West Atlantic Avenue and S.W./N.W. 12th Avenue. 8.E. AMENDMENT NO. 2 TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/TED CENTER AGREEMENT: Approve Amendment No. 2 to the CDBG Agreement between the City, the Delray Beach Community Redevelopment Agency (CRA) and The Center for Technology, Enterprise and Development, Inc. (TED Center) to provide business incubator and technology services to residents and businesses located within the CDBG target area and CRA District. Funding is available from 118-1966-554-83.01 (Neighborhood Services/Other Grants and Aids). 3 03/02/10 8.F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/SEACREST ATHLETIC FACILITY: Approve an Interlocal Agreement between the City and the CRA to provide funding for athletic facility improvements. 8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.H. RESOLUTION NO. 05-10: Approve Resolution No. OS-10 authorizing the City of Delray Beach to participate with the City of Boynton Beach to initiate the negotiation process for an Interlocal Service Boundary Agreement with Palm Beach County. The caption of Resolution No. OS-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH TO PARTICIPATE IN THE NEGOTIATION PROCESS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES; PROVIDING THAT THIS RESOLUTION SHALL ACT AS A RESPONSIVE RESOLUTION UNDER CHAPTER 171.203(2), FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. OS-10 is on file in the City Clerk's 8_I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. 8_J. RESOLUTION NO. 07-10: Approve Resolution No. 07-10 urging the Florida Legislature to support continued funding of the Ecosystem Management and Restoration Trust Fund to support beach erosion control projects. The caption of Resolution No. 07-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO SUPPORT CONTINUED FUNDING OF THE ECOSYSTEM MANAGEMENT AND RESTORATION TRUST FUND TO SUPPORT BEACH EROSION CONTROL PROJECTS. 4 03/02/10 office.) (The official copy of Resolution No. 07-10 is on file in the City Clerk's 8.K THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A.A. 8.L. ITEM 8.L.1. (HPB) HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Odums' Sod, Inc. in the amount of $22,715.90 for replacement of sod at Old School Square. Funding is available from 001-4131-572-52.26 (General Fund: Operating Supplies/Gardening Supplies). 2. Contract award to PLAE Performance Sports Flooring in the amount of $42,500.00 for the installation of a synthetic turf practice area at the Seacrest Soccer Complex. Funding is available from 334-4151-572-63.81 (General Construction Fund: Improvements Other/Other Parks-Citywide). 3. Purchase award to multiple vendors in the total cost of $792,226.00 for the purchase of twenty-six (26) replacement vehicles based on age and life to date maintenance cost. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/ Equipment/Automotive). NIr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. ACCEPTANCE OF A RIGHT-OF-WAY DEED/STAKL,ER HOLDINGS, LLC/ PUTT'N AROUND DELRAY BEACH: Approve and accept a right-of--way deed with Stakler Holdings, LLC. for Putt'n Around Delray Beach located at 350 and 362 N.E. 5th Avenue. NIr. Eliopoulos declared a conflict of interest because he has an ongoing business relationship with the current owner of the property and stepped down from the dais. 5 03/02/10 Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.C.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.A.A.A. LICENSE AGREEMENT/PREP AND SPORTS, INC. (a/Wa XPE SPORTS): Approve a license agreement with Prep and Sports, Inc. (a/k/a XPE Sports) for use of a portion of the Soccer Complex. Linda Karch, Director of Parks and Recreation, stated this item is to request City Commission approval of a license agreement between the City of Delray Beach and Prep and Sports, Inc. (a/k/a XPE Sports) for the use of a portion of the Soccer Complex for two years for their professional football sports camp and a free year-round sports training camp for eligible children of Delray Beach. Prep and Sports, Inc. will be responsible for proof of insurance, providing and maintaining all training equipment, maintain synthetic turf, and responsibility for cleaning the concession building after each use. Mrs. Karch stated since this came before the Commission she has become aware of an issue that soccer and Lacrosse have with the specified dates and times listed in the agreement. She suggested that rather than the Commission voting on this item this evening to allow staff to take this back come up with more general days and times that are agreeable to both parties and come up with a different agreement. Mr. Eliopoulos stated he had concern over the hours and how everything was spelled out in the agreement. He expressed concern over actual specific times. Mr. Eliopoulos stated there are several organizations that want to use the field and it is a matter of coordination. The City Attorney suggested that if the Commission passes this tonight that they modify the Section 8 of the agreement to remove all of the specific times and add the provision that P&S shall be permitted to use the soccer complex depicted on Exhibit "A" as coordinated by Parks and Recreation and there shall also be coordination regarding the equipment that is stored on the site. Mayor McDuffie stated some time ago the Parks and Recreation Department was working on an umbrella document for all sports in all locations and asked if this is still being worked on. Mrs. Karch stated the Parks and Recreation Department has a sports policy that this would fall under. Mayor McDuffie stated his understanding would be that once this is approved it would include all sports and will dictate the times and dates when the fields are to be utilized and who has first rights, etc. Mayor McDuffie stated they have been trying to work in all the sports to stop sports from overlapping each other so that if a child in Delray Beach wants to play every available sport then he or she can do that. Brief discussion between the Commission and the City Attorney followed. 6 03/02/10 Mrs. Gray stated because they are the only ones that are going to have a contract what happens after the two years. Mrs. Karch stated she believes after two years the City can renew the contract. Mrs. Gray asked if they will have a professional contractor to maintain the turf. The City Attorney stated the City would not dictate how they do it but would just say they would have to maintain the artificial turf. Mrs. Karch stated one of the big issues with this type of turf is gum getting stuck in it. The City Attorney suggested that the following revisions be made to the License Agreement with Prep and Sports, Inc. (a/k/a XPE Sports): Section 4, paragraph e the reference that P&S shall install artificial turf in the area shall be stricken; Section 8 shall be modified to remove the actual date and times from that paragraph but to provide that the City Parks and Recreation Department on the area described in Exhibit "A" and also coordinate the use of the building and the equipment. Also, the exhibit that is attached as Exhibit "A" shall have some general dimensions placed on it to give a better idea of the actual footage. Mr. Eliopoulos moved to approve the License Agreement with Prep and Sports, Inc. (a/k/a XPE Sports) subject to the revisions as stated by the City Attorney, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 16, 2010 through February 26, 2010. Mr. Eliopoulos moved to appeal Item 8.L.1 (HPB), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A.A. RESOLUTION NO. 06-10: Approve Resolution No. 06-10 urging the Florida Legislature to adopt legislation authorizing the use of red light cameras by local governments. The caption of Resolution No. 06-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT LEGISTLATION AUTHORIZING THE USE OF RED LIGHT CAMERAS BY LOCAL GOVERNMENTS. (The official copy of Resolution No. 06-10 is on file in the City Clerk's office.) 7 03/02/10 Mr. Frankel stated he moved this item to the regular agenda because in Miami-Dade County Circuit Judge ruled that Aventura cannot use these red light cameras to catch and ticket drivers for running red lights in the city. Mr. Frankel stated it is expected that the City of Aventura is going to appeal this ruling. He stated he spoke to the City Attorney this afternoon who felt the city could still take action; however, in light of this court action and extensive court action throughout the State he did not feel comfortable doing anything on this. The City Manager stated one of the reasons the court took the action it did is because there is not specific authorization in the State Statutes and the City is asking the Legislature to give cities or local government specific authority to use cameras and enforcement. He feels the request of the Legislature is still appropriate. Mr. Frankel stated he did not feel comfortable and that is why he pulled it. Mr. Fetzer stated that is exactly why we need to pass this resolution because he feels the State Legislature has drug their feet about legislation on this. Mr. Eliopoulos moved to approve Resolution No. 06-10, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - No. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.A.A.A.A.A.A. RESOLUTION NO. 08-10: Approve Resolution No. 08-10 urging the Florida Legislature to adopt legislation further regulating the dispensing of prescription drugs. The caption of Resolution No. 08-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT LEGISLATION FURTHER REGULATING THE DISPENSING OF PRESCRIPTION DRUGS. (The official copy of Resolution No. 08-10 is on file in the City Clerk's Mr. Frankel stated last Friday (February 19, 2010) he emailed the City Attorney's office regarding a technology called "bioscript". He stated according to the information 24 states have enacted some form of prescription monitoring program for controlled substances, abused medications, etc. and asked that the City Attorney's office look into enacting regulations that would mandate prescription monitoring programs in the City of Delray Beach. Mr. Frankel stated the City Attorney emailed back and stated it looks like it is going to be in the legislature and suggested that we hold off. Mr. Frankel stated he does not believe the funding is going to be there. Mr. Frankel stated by him pulling this item is not to show that he is not in support of this. He asked the City Attorney to look into other municipalities about this technology because if you look across 8 03/02/10 the street you see all out-of--state plates. Mr. Frankel stated the Commission has always been supportive in the areas of the pain clinics and this is an area where it is very vital to be proactive and not wait to see what the State Legislature does. resolution. Mr. Eliopoulos stated this has to start somewhere and he supports the Mayor McDuffie stated we cannot stand alone on this and we need our Florida Legislature and Congress to get behind the city on this. In addition, he stated we also need help at the State level and the Federal level and supports starting here with the State level. Mr. Frankel moved to approve Resolution No. 08-10, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.A. WAIVER REQUESTS/PUTT'N AROUND DELRAY BEACH: Consider seven waiver requests associated with the development of a miniature golf course for Putt'n Around Delray Beach, located at 350 and 362 N.E. 5th Avenue. (Quasi- Judicial Hearing) Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has had no communication since the last meeting but when this was a previous agenda item he spoke with the applicant as well as the architect. Mrs. Gray stated she had no ex parte communications to disclose. Mr. Fetzer stated he had no communication since the last time and when this was a previous agenda item he spoke with the architect and applicant. Mayor McDuffie stated he spoke to the architect and the applicant prior to the last meeting but nothing prior to this meeting. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-048 into the record. Mr. Dorling stated this site was previously approved for a mixed use building in 2005 and subsequently that site plan expired. On January 25, 2010, the Planning and Zoning Board considered a Conditional Use request for the current development proposal fora 36-hole miniature golf course and recommended approval. At 9 03/02/10 its meeting of February 2, 2010, the City Commission approved the conditional use. On February 10, 2010, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the Putt'n Around Delray Beach development along with seven requested waivers as outlined on page seven of the Planning and Zoning staff report. Mr. Dorling stated all of these waivers were considered during the SPRAB recommendation on the Class V site plan and recommended approval of all of them. Jess Sowards, Architect with Currie Sowards Aquila Architects, stated he is present for any questions the Commission may have. Mrs. Gray asked if there are any issues that staff sees with these waivers. Mr. Dorling stated staff supports all of them. Mayor McDuffie stated if anyone from the public would like to address the Commission regarding the waiver requests, to please come forward at this time. There being no one from the public would wished to address the Commission, the public hearing was closed. No cross-examination or rebuttal. Mr. Fetzer stated the economy and our current problems are causing us to do some unusual things. He stated he was first surprised to see this type of development proposed in the downtown; however, he feels there are a lot advantages to seeing something like built as opposed to a vacant lot that cannot be developed based on the present economy. Mr. Fetzer stated this is a unique use and it is green space in the downtown and therefore he supports the waivers. He stated the LDRs were designed with not the idea of this type of development going in the downtown so it is appropriate that the LDRs are modified for this particular type of development. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.B. NOTE, MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT -AUBURN TRACE LTD.: Consider approval of a Note, Mortgage Modification and Subordination Agreement between the City of Delray Beach and Auburn Trace, Ltd. Brian Shutt, City Attorney, stated there are certain things on the Note modification that he has asked the applicant to change is to put in a cap or a top amount that the City would be subordinated to because the City would be second in line on the remaining 20 acres. Mr. Shutt stated another change would be to provide that there is a set 10 03/02/10 timeframe for the closing to take place because in the Note it talks about the full payment of the Land Note upon execution of the agreement but then in the body of that paragraph it talks about upon closing and conferring with Mr. Weiner. Mr. Shutt stated it is actually on the closing so he would request that a particular timeframe be put in place to allow that to occur. Mr. Frankel asked how much the original loan is. Joseph Safford, Finance Director, stated the original loan amount is $3,840,000.00. Mr. Frankel asked how much has been paid in interest. Becky O'Connor, Treasurer, stated $1.4 million interest has been paid. Mr. Safford noted in his memorandum under the concerns (#2) he stated that there was a $4.3 million debt to the partners on their balance sheet and is basically a $4.3 receivable where the partners were advanced money. Mr. Safford stated there are currently 256 units on 31 acres on this Auburn Trace Development and had a current appraisal at $12.2 million and outstanding debt of $14.4 million. Mr. Safford stated the City debt is subordinate to a first mortgage of $9.2 million and the City is second to that. He stated 152 of the units are in need of rehabilitation or planning to be renovated and 104 units are partially vacant and are planned to be demolished. Mr. Safford stated the City's loan amount that is due is the collateral by 256 units and 31 acres for the repayment of the loan. He stated they plan to separate the 31 acres into two parcels; a 20 acre parcel and an 11 acre parcel Mr. Safford stated Auburn Trace plans to sell the 11 acres to Village at Delray LTD and 99.99% of that is owned by a private developer. The developer will pay down the first mortgage on the 31 acres to the appraised value of the 11 acres and then the remainder of that first mortgage would go back over to the 20 acres. Mr. Safford stated in order to do this the bank that is loaning them money will not allow any second liens on this property other than the TCAP grant. Mr. Safford stated in order for the City to release its lien, Auburn Trace is proposing to pay off a $258,000.00 Land Note that is owed and they asking the City to forgive $1 million on its UDAG Note and a release of lien. Mr. Safford stated there is a third party that is subordinate to the City and that is an SBA loan and it appears that SBA is going to voluntarily move over to the 20 acres because staff did not see any payoff of the SBA loan on the closing for the 11 acres. He stated on the 11 acre site they are going to be tearing down 104 units that are currently on the property and building 192 new units; 144 of those units are going to be rent restricted; the remainder 48 units are going to be market rent units. Mr. Safford stated now the collateral for the loan instead of being 256 units on 31 acres is now 152 units on 20 acres. He stated the deal that is being proposed is that they would pay us off by the remainder of the loan by 12/31/10. Mr. Safford stated the current appraised value of the 256 units is $12.3 million and the current debt is $14.2 million excluding the SBA (Small Business Administration) loan. The total debt could actually exceed the value by $2.3 million as it currently sits before it is split into the two parcels. Mr. Safford stated if they do not pay off the balance by 12/31/10 the $1 million comes back and it is added to the debt. He stated when talking about forgiving $1 million that is sitting in the receivables from an accounting viewpoint that results in expense. Therefore, Mr. Safford stated the General Fund budget would have a zero budget but would get hit with a $1 million expense. Mr. Safford stated the intent of the UDAG loan is that UDAG would loan the money to this original project back 11 03/02/10 in 1989 and the payments that they made on the UDAG loan would be used by the Community Improvement Department to supplement Title I neighborhood improvements throughout the city. Mrs. Gray stated with the UDAG loan if they repay us the $3.4 million this year would that go into the General Fund or would that stay in a separate fund. NIr. Safford stated right now it is a receivable in the General Fund so the receipt of it would actually occur in the General Fund and the City would show a restricted fund balance for future Title I projects. Mrs. Gray asked if the City has ever been forgiven a loan of this magnitude. Mr. Safford stated he is not aware of any forgiveness of loans; however, in the past the City Commission has forgiven interest payments in order to get a payoff on a Code Enforcement lien. Mrs. Gray stated they are not asking for land or subsidies and does not see where the City is contributing to this prof ect that is going to be creating affordable housing and asked if this would be the same thing as the City giving away land or subsidies to a developer. Mr. Safford stated in lieu of forgiving a loan if the City had just given this developer a $1 million to help him subsidize the building of these affordable housing units. Mrs. Gray asked if the City gives subsidies and land to private developers. Mr. Safford stated he does not know of any expenditure for private developments like this. He stated City funds are spent on City rights-of--way and City property. NIr. Frankel stated this is very complex. NIr. Frankel asked why the City is making any kind of loan whatsoever. The City Manager stated the Land Note was actually City funds and was made to facilitate the original project and the UDAG loan was a grant the City received from the Federal Government under the Urban Development Assistance Grant Program. Therefore, the City Manager stated this was actually Federal money that was given to the City and we turned around and loaned it. The City Manager stated this is supposed to be paid back and the payment proceeds are to be used for Title I activity. Furthermore, the City Manager stated this is Federal taxpayer money. The proposal is that the balance of the City money would be paid back upon closing ($255,000.00). Mr. Frankel stated he agrees about not giving away the collateral and because the debt is upside down it is an issue. Mr. Frankel asked staff if they have any strategy to get the money back as quickly and easily as possible. Mr. Safford stated if the Commission finds that there is a valid public purpose to this project then he wants a guarantee that the City is going to be paid off December 31, 2010. NIr. Frankel commented about the Special Meeting of January 23, 2008 and according to his notes it said that "staff was comfortable with the terms of the agreement and that the City would be paid in a lump sum at the end of 2010 instead of being paid based when the properties are sold." NIr. Frankel asked what changed since 2008 to make staff no longer feel comfortable with this. Mr. Safford stated Auburn Trace did not get the CWHIP grant, the Delray Beach Housing Authority went away and everything that the City thought was part of the original agreement changed. Furthermore, Mr. Safford stated in 2008 staff took a present value analysis and said instead of getting this lump sum payment in 2022 if we forgave a $1 million but the remainder was paid by the end of that fiscal year (2008) there was actual a present value gain to the City. NIr. Safford reiterated that no agreement was 12 03/02/10 ever executed; the City did not get paid off our Land Note or the UDAG. He stated two years later they are coming back and trying to do the same thing only the Delray Beach Housing Authority is gone away and the present value analysis now is a $600,000.00 cost instead of $125,000.00 gain so everything is turned around. Mr. Safford stated the City should not give up collateral and Auburn Trace cannot promise anymore that the City is going to get paid by 12/31/10. Mr. Safford stated Auburn is not going to sell the units but they are going rehab the 152 units and they are at the cap as far as the rent is concerned. He stated it is not going to make those units worth anymore because it is based upon their rents and their rents cannot increase. Therefore, Mr. Safford stated you are not gaining the equity by them renting those units and consequently there will be more cost. Mr. Safford also expressed concern over the advances that the partners are pulling out of these projects and the City is not getting paid on time. Mr. Eliopoulos stated he was for this project; however, changed his viewpoint for specific reasons. He stated the Commission did vote for this project and feels they have been committed. Mr. Eliopoulos stated he concurs with Mr. Safford that in 2008 staff met 2-3 times in one week to try and make this happen and the Delray Beach Housing Authority was a partner and it was mixed income. Mr. Eliopoulos stated those were two huge components for him but the financing end changed and back then we were looking at $100,000.00 on the plus even after the $1 million forgiveness and now we are looking at $600,000.00 on the loss. Mr. Eliopoulos expressed concern that this is not a sound investment and stated with regard to the original UDAG loan, this money was for our community and at the end of that payoff it has to keep going back in with regards to improving the neighborhoods. He stated this Commission has already supported to increase the density of this project and stated this $1 million forgiveness is for a private developer and a private entity. Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444, gave a brief PowerPoint presentation and stated the CWHIP grant was for the acreage that is being discussed tonight and the Delray Beach Housing Authority was part of that partnership at that time but their partnership dissolved. Mr. Weiner stated the Housing Authority is now developing their 18 acres and the discussion this evening is regarding the development for these 11 acres. Mr. Weiner stated 99% of this is not owned by developers but it is owned by Limited Partners who take advantage of the tax credits. He stated the SBA has been and always will be behind the City and the 48 units are still subject to a land use restriction. Mr. Weiner stated this is a conditioned precedent and they owe the City every last dime until that check is in the City's escrow account. Mr. Weiner stated they agree that there is a change from a CWHIP grant to a TCAP grant. Mr. Weiner stated they will be providing new and improved rental housing in accordance with the Southwest Plan; there will be permit fees paid, new jobs, and substantial increases in real estate tax values. The City Manager recommends that the Commission consider the option of forgiving the accrued interest which has a December 31, 2010 ($952,931.00) and stated that is something for which there is precedent. He stated the City has not done anything this large but it is not uncommon with Code Enforcement liens and in some cases where 13 03/02/10 the City has loaned money to various entities and the City has forgiven the interest. The City Manager stated even with this project the Land loan was a 0% interest loan so they have only been paying back the principal so the Commission would be forgiving the accrued interest which gets them close to where they need to be and it is more in line with City precedent in dealing with financial matters of this nature. The City Manager stated the bottom line issue is if the Commission sees a public purpose in creating the affordable housing they are going create then that is a way of doing it. followed. Brief discussion between Commissioner Eliopoulos and the City Manager Mrs. Gray asked the City Attorney if the City were to release its position on 11 acres of land so they can go ahead and build is there a guarantee that they would pay the $3.4 million back by December 31, 2010. If not, Mrs. Gray stated then she would like to see an agreement stating that they will (not might) pay the City back at that time. The City Attorney stated right now it is at their sole discretion and recommends that a definite dollar be put in the agreement so that way the City will actually pay the City back if they pay us back by December 31, 2010. Allan Schnier stated to preserve tax exempt bonds that have been reserved under what is called a new issue bond program from the Federal Government via various states they have been awarded $11.3 million in tax exempt bonds and must close that bond transaction by December 31, 2010. Brian Hinners stated although they have bonds from the State of Florida they still need to see some additional financing before they can close on the whole rehab second half of the project. Mr. Hinners stated it is difficult to guarantee that they will have all of that funding and tonight they cannot do that. He stated they have to seek additional funding because at this point there is a shortfall of $1.5 million even with the $1 million forgiveness from the City. NIr. Weiner stated they cannot guarantee the Commission that they could write an additional check for $1.5 million on December 31, 2010 to get the second part of this off the ground. Mrs. Gray asked how much money the City would be receiving this year. NIr. Weiner stated the City would receive $400,000.00 if they go with the first half and will receive that by March 30, 2010 but in no event later than April 30, 2010 because they will lose the TCAP grant if they do not close. Mayor McDuffie asked NIr. Weiner to explicitly define what the first half is. NIr. Weiner stated the first half is a release of the 11 acres a required pay down to Iberia of at least $4,750,000.00; pay their late payment from December 31st; pay $255,000.00 small loan; pay some interest and penalties and noted it is approximately $400,000.00-$410,000.00 and that occurs on or before April 30, 2010. NIr. Weiner stated if the City does that then the City will be better off by $1.5 million on its collateral. He 14 03/02/10 stated the second half if they come in with a check for the right dollar amount before December 31, 2010 the City will give them a discount and if they do not come in then they are done on January 1, 2011. Mr. Fetzer concurred with concerns expressed by Mr. Eliopoulos. Mr. Fetzer stated he has been here long enough to know the history of this project and is disappointed in the way some of the things have come about. Mr. Fetzer stated he has always wanted the project completed; however, the financial terms he is not convinced is something he wants on the backs of the residents. Mr. Fetzer stated staff has concerns they he agrees with and at this point he is not comfortable with approving this. Mr. Fetzer suggested that the Financial Review Board get involved and give their objective opinion on it because he thinks there are some very contrasting points of view on what to do and he would like to make the right financial decision for our city. Brief discussion between Mr. Frankel and Mrs. Butler followed. Brief discussion between Mr. Weiner, Mayor McDuffie and the City Manager followed. Furthermore, the City Manager stated that Mr. Weiner is suggesting that the City set aside the $1 million forgiveness and deal with that at a later date and tonight release the lease on the 11 acres and in return for that Auburn Trace will pay down the Iberia loan so that their interest in the remaining 20 acres is no more than $4,750,000.00 which increases the amount of equity that is securing the City's remaining debt. Mr. Weiner stated and this will give the City $400,000.00. Mr. Weiner stated they would like to demonstrate what they can do at a Workshop meeting. Mayor McDuffie stated for clarification Mr. Weiner is asking that the City release the 11 acres, pay Iberia to $4,750,000.00, pay the December 31st late payment, and pay the $255,000.00 plus interest and penalties. The City Attorney suggested that the Commission set timeframes for paying the Land Note ($400,000.00). The City Manager stated his understanding is that this would have to occur no later than Apri130, 2010. Mr. Eliopoulos asked if the City is selling its portion of 11 acres for $255,000.00. The City Manger stated not exactly because the City is improving its position as a second mortgage holder on the 20 acres. The City Manager stated it is not money coming to the City but it is reducing the first mortgage holder's lien substantially. The City Manager suggested approving this as discussed in concept with the final language to be brought back to the Commission on March 11, 2010. 15 03/02/10 Mr. Frankel moved to approve as discussed in concept that the City would release its lien on the 11 acres; Auburn would pay down the Iberia loan to no more than $750,000.00; and, Auburn would pay the past due December payment plus penalties and interest owed and pay off the balance of the Land Note of approximately $255,168.00, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:32 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 07-10: Consider modification of Midtown Delray SAD (Special Activities District) Ordinance No. 46-07 to allow fora 1,088 sq. ft. increase in the floor area for the Midtown Medical Building, modifying the parking requirements for such S.A.D. and limiting the office square footage based on floor levels; and amending the Land Development Regulations Section 4.425(G), "S.A.D.s," Subsection (10), to reference Ordinance 07-10. (Quasi-Judicial Hearing) The caption of Ordinance No. 07-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING DISTRICT FOR MIDTOWN DELRAY, TO ALLOW FOR AN INCREASE IN THE FLOOR AREA FOR THE MEDICAL OFFICE BUILDING, MODIFYING THE PARKING REQUIREMENTS FOR SUCH S.A.D., AND LIMITING OFFICE SQUARE FOOTAGE BASED ON FLOOR LEVEL; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, SECTION 4.4.25(G), "S.A.D.s," SUBSECTION (10), TO REFERENCE ORDINANCE 07-10; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 07-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 16 03/02/10 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications since the last meeting. Paul Dorling, Director of Planning and Zoning, AICP, entered the Planning and Zoning Department prof ect file #2010-024 into the record. Mr. Dorling stated this is a modification to the Blood's Grove SAD (Special Activities District) located east of Military Trail on the south side of Linton Boulevard. The proposal includes an addition 1,088 square feet to an existing 29,780 square foot medical office building. The request also includes the elimination of five parking spaces, the provision of eight additional handicapped spaces, installation of an emergency generator and modification of the allowed uses to add an option for professional offices on the second and third floor and restrict the first floor to Outpatient Surgical Facilities (OSF), Ambulatory Surgical Center or professional offices. Mr. Dorling stated it also involves the establishment of a new parking requirement for outpatient surgical facilities. He stated when this initially came before the Commission it included a substantial reduction in parking. Mr. Dorling stated because of the shift in uses and the change to reflect the parking demand for the ambulatory center there is no such reduction needed at this time. Mr. Dorling stated it came before the Commission in January 2010 and has since gone to the Site Plan Review and Appearance Board (SPRAB) and the Board approved the proposal. He stated it is now before the Commission for a second reading. Staff recommends approval. Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444 (Agent for the Applicant), stated this project has SPRAB approval, the Commission voted for it on first reading, and staff approval. Mr. Weiner stated this is less than an increase of 3% of the building. Mayor McDuffie stated if anyone would like to speak in favor or in opposition of Ordinance No. 07-10, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. Mrs. Gray moved to adopt Ordinance No. 07-10 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 17 03/02/10 9.C. REQUEST FOR PROPOSAL (RFP) FOR PUBLIC SAFETY SOFTWARE: Consider authorizing staff to enter contract negotiations with SunGard and Firehouse for a new Public Safety Software system; contingent upon completion of an additional site visit for the Firehouse portion of the contract (RFP 2010-OS). Doug Smith, Assistant City Manager, stated he is presenting staff's recommendation on public safety software procurement. Mr. Smith stated this started as an RFP (Request for Proposal) last year for a new Police & Fire computer system that would include computer aided dispatch, records management, and mobile field reporting. Mr. Smith stated the way the system currently works staff is not able to transfer data from the laptops where the officers enter their reports into the system back at the Police Station. The police officers have mobile computers that they are able to use in the field and they can prepare their reports there but then that report is printed and taken back to the station and most of that information has to be rekeyed. Mr. Smith stated the narrative portion is not stored in the system but is stored in the officers enter their reports in and those two systems do not communicate properly to each other. He stated this also leads to a problem on the data analysis side because it is important to get real time data and there is a lag in some of this information being entered into the computer system so that in turn leads to a problem with getting reporting that is accurate and up-to-date on the most recent trends. In addition, Mr. Smith stated the system does not allow staff to take advantage of newer technologies such as being able to use automatic vehicle location and dispatch the vehicles that are actually closest to a scene which could improve response and would also carry over with the fire vehicles. Mr. Smith stated some fire specific issues are records management and currently our training and certification records are paper based and it is very cumbersome to gather the data that is needed for reporting for ISO ratings and there is a need to track things such as hose inventory and different types of equipment. He stated some of these are things were the Fire-Rescue Department has to dispose or trade these out in a certain number of years and having an automated system to help with that is very important and the ability to pre-plan for incidents and would allow the fire staff to survey locations and actually identified potential hazards that could be stored in a database. In addition, Mr. Smith a fire and EMS software that would communicate with the Computer Aided Dispatch (CAD) system is very important because if they have such a system that will communicate in that fashion information such as patient history information can flow from that fire EMS software over to the CAD system. Mr. Smith stated staff received responses from four vendors and the Selection Committee selected three to provide demonstrations in December. Mr. Smith stated these were all day demos facilitated by our software consultant Barry Strock and from the demo's staff felt that SunGuard was far above the others in their ability to meet our needs. Staff ranked SunGuard as the#1 proposal to pursue for contract negotiations pending the Commission's approval if they agree. Mr. Smith stated there is asub-component of this response from SunGuard that is a fire EMS software called firehouse. Mr. Smith stated staff has currently budgeted for this purchase about $1.15 million that is in the City's capital account. Mr. Smith stated the bids came in with varying ranges and the SunGuard bid actually included some things such as hardware costs that staff did not really ask for them to provide. He stated their corrected bid # should have been about $1.39 million with the hardware and without the hardware their quote # is $1.16 million. Staff has reviewed the 18 03/02/10 hardware costs that are required and IT feels that the response in the RFP from SunGuard with the optional information is bare minimum requirements for at least some aspects and there are some things that the City would want them to purchase and there are additional things that the City would need to purchase in order to set up a system like we have now where there are servers on the Police side and on the City Hall side that can back each other up. Mr. Smith stated the current estimate on the hardware side is around $460,000.00 which is over the budgeted amount. However, Mr. Smith stated staff will strive to look thoroughly at our licenses and certain modules that we may or may not need to bring that cost down as much as possible. Mr. Smith stated the last step staff took in this process was conducting site visits to places such as Coral Gables, West Palm Beach, and to see how their software actually works in the field and for West Palm Beach learning how their conversion went because the recently converted from HTE. Staff found that West Palm Beach seemed to be more similar from the large agency aspect to what our current operations are and on the police side they feel comfortable moving forward with SunGuard. Mr. Smith stated the fire staff feels it is important to visit another fire software client that has both the fire and the EMS portions of the fire house software in operation. Brief discussion between staff and the Commission followed. Brief discussion between Mayor McDuffie and Guy Buzzelli, Chief Information Officer followed. Mr. Frankel moved to approve to authorize staff to enter contract negotiations with SunGuard and Firehouse for a new Public Safety Software system; contingent upon completion of an additional site visit for the Firehouse portion of the contract, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST DIRECTION REGARDING A DESIGNEE/WASTE MANAGEMENT INC: Provide direction and determine who will serve as the City's designee for review of records of services provided under the City's Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement with Waste Management Inc. of Florida. The City Manager stated in previous discussions the Commission had agreed that Rich Reade, Sustainability Officer, would be the point person in dealing with Waste Management. The City Manager stated in conversations with Mr. Fetzer and Mr. MacNamee that he agreed to allow that process to come to its conclusion and see how it worked out. The City Manager stated since then Mr. MacNamee has continued to ask about being the Commissions designee. Mrs. Gray stated we need to continue the work that we started and continue on the path that we agreed to go on which was to let staff be our representative and let the Financial Review Board complete what they started and what the City has asked them to 19 03/02/10 do. Mrs. Gray stated the Commission needs to let Rich Reade do what they asked him to do without any interruption and let it go to the Financial Review Board and come back to the Commission to make a decision. Mrs. Gray stated staff has been cooperating with everyone and is not sure how much time is enough time and believes all of Mr. MacNamee's questions were being answered but now he has more questions. She suggested that the Commission has to give direction on how accessible Mr. MacNamee is going to be to City staff as well. The City Manager stated there is one question outstanding that Mr. MacNamee raised that is actually several questions in one and does not believe the City has received a response from Waste Management but expects a response quickly. Mr. Eliopoulos stated if there ever was a resident that he would want to assign to this it would be Mr. MacNamee. However, Mr. Eliopoulos expressed concern over the potential precedent this could set and the Commission voted to go this route. Mr. Eliopoulos stated the timeframe is 30-60 days and concurs with comments expressed by Commissioner Gray. Mr. Fetzer stated he talked with some of the members of the Financial Review Board today and feels they are on the right track. He stated the Commission set out on a course to let Mr. Reade be the point person for the City and it would be premature to not allow him to finish what he has already started. Mr. Fetzer stated he would like to give that process a chance to work. Mrs. Gray inquired about how much time Mr. Reade spends a day on the telephone going back and forth with Mr. MacNamee. Mr. Reade stated it is approximately 5-6 hours a day that he spends on this and other staff members are spending all day dealing with various requests, etc. Mr. Reade stated the City submitted the 12 original questions to Waste Management and 11 have been answered. He stated according to Waste Management the reason they have not answered is because they needed a clarification of one of the questions which was provided to them the night before he met with them. Mr. Reade stated Waste Management then had to have time to get caught up because they spent so much time on this request. Mr. Reade stated in the meeting Waste Management had four staff members and they spent five hours talking about it. Mr. Read stated this is Waste Management's logic of why they have not answered that one question but they have informed him that it is coming shortly. He stated there is an additional question regarding the comparison from the June 2009 customer list and the January 2010 customer list. Mr. Reade stated the problem he and the IT division is having is that the City's system is live so if we do not have those numbers stored or saved then we have to go back and restore old tapes, etc. He stated once they do this which they believe they can do then they have to compare the two lists and once they find out which customers are not on both lists then they have to identify why each customer would not be on that list. Mr. Reade stated there is another task of going back and determining our units as far back as they can go. Mr. Reade stated if staff attempts to identify units in advance of that unit count being completed then there may be a list that may not be accurate or incomplete or staff may have to go back and adjust. 20 03/02/10 Mayor McDuffie asked if staff believes they have a finite scope of work or is it an infinite scope of work Mr. Reade stated he does not have a finite scope of work and knows the end goal but does not know what path we are going to follow because there might be multiple paths. Mr. Reade stated staff has looked at the numbers in advance and compared them with the Solid Waste Authority which gets numbers from the Property Appraiser. Staff feels comfortable that they are in the ballpark on unit count identifying which category they go in is the issue now. Todd L'Herrou, Vice-Chairman of the Financial Review Board, stated the Board addressed this issue this morning and the intent of the Board is provide a report at the May 4, 2010 City Commission meeting. Mr. L'Herrou stated the Financial Review Board will have a meeting immediately prior to that on the morning of that date based on the timeframes they received from Rich Reade as of this morning. Mr. L'Herrou stated they also discussed the issue of a City Designee and the Board's understanding of the relationship with Waste Management right now is that they are continuing to work with the City in a fairly open relationship. The Financial Review Board's recommendation is to not change any designee at this time until the Board has worked through that process at the May 4th meeting. Mr. L'Herrou stated at that time if the Commission is not satisfied then the Board would recommend that the Commission take any steps that are needed and consider diminishing returns of more and more time and input. He stated if the Commission has to bring in an outside auditor that has get paid, etc. what the returns are for that and the focus of the Board is primarily going to be on any major collections that could be made and process changes that must be made in order to make sure that the City does not run into this situation again rather than chasing down a few thousand dollars here and a few thousand dollars there. Mr. Frankel stated he concurs with comments expressed by Commissioners Fetzer, Eliopoulos, and Mrs. Gray that the Commission designated Mr. Reade as the City's designee. Mr. Frankel stated the Financial Review Board recommends staying the course and he is pleased with a target date of May 4th. Mr. Frankel stated when the Commission previously discussed this he was in favor of an independent auditor; however, based on everything the Commission decided to go this course. He stated disrupting this at this time would put them back even more time. Mr. Frankel recommends staying the course and providing clear word that Mr. Reade remains as a designee. Mr. Reade stated there are two issues; one is the commercial and one is residential. He stated the May 4th target date is geared towards the residential side and it is staff's intent to a resolution to the commercial side well in advance of that date. Mr. Reade stated regarding the two questions that were posed to the Financial Review Board hopefully one of those can possibly be resolved much sooner than May 4th. Mr. Reade stated with regard to the residential unit count there has been a desire to utilize the numbers from September. Mr. Reade stated recommends utilizing the numbers from the count that we are doing now and does not believe it would be good if Mr. MacNamee did not be part of the development and understanding of how those numbers were done. Mr. Reade stated the reason Mr. MacNamee has not received anything with regards to that 21 03/02/10 particular project is because staff is doing all the base work and agrees that Mr. MacNamee needs to be part of that development and the understanding of how that is being done. Mr. MacNamee stated with the commercial side staff has to go off the questions that were presented in writing and if there are additional questions he would be happy to present them to Waste Management. Brief discussion between Mr. Reade and Commissioner Gray followed. Mr. Frankel moved to approve Richard Reade as designee for review of records of services provided under the City's Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement with Waste Management, Inc. of Florida, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve a four (4) year term ending March 6, 2014. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Sandra Owens as a regular member to the Delray Beach Housing Authority to serve a four (4) year term ending March 6, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one (1) alternate member to the Green Task Force to serve an unexpired term ending July 31, 2011. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Chloe Bedenbaugh as an alternate member to the Green Task Force to serve an unexpired term ending July 31, 2011. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL,: Appoint one (1) student member to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Luke Eliopoulos as a student member to the Neighborhood Advisory Council (NAC) to serve an unexpired term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - 22 03/02/10 Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2011. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Harvey Starin as an alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:39 p.m., the Commission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. 11.B. From the Public. 11.B.1. Emmanuel Guerrier, 715 Avenue Chaumont, Delray Beach, FL 33445 (Chatelaine), stated the Commission voted against the special tax of $60.00 in December 2009; however, this matter keeps dragging on. Mr. Guerrier stated he has lived in Chatelaine for over 18 years and since that time a small group of individuals has been trying to impose a homeowners association and recruit members to pay their dues but no one did. He stated Chatelaine tried to impose a wall on the community that would have cost the residents $3,000.00-$6,000.00 and it was rejected. Mr. Guerrier stated in January he went to a meeting and they are coming up with a new proposal for the City to come up with the $60.00 on the water bill. He stated a petition was circulating around Chatelaine whether or not residents would like a homeowners association or not. Mr. Guerrier stated there is no homeowners association in Chatelaine and commented that he has received threats and a nail was purposely placed into the tire of his car. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting Pauline Moody complained about some drug activity on S.W. 8m Avenue. He stated both Community Patrol and the Community Response Task Force have been working this area and the complaint seems to have validity. The City Manager stated there will be an ongoing investigation until the problem is eradicated. Secondly, the City Manager stated Mr. Clifford Wright expressed some concern at the last meeting about how the City's purchases are awarded. The City Manager stated the City awards contracts for products and services through competitive solicitation and with the criteria of being but not limited to lowest responsible and responsive bidder. He stated solicitation was advertised in The Palm Beach Post and 23 03/02/10 DemandStar.com which is an online bid notification service and posted in several areas of City Hall and hard copies of the advertisement are mailed out to all vendors that are in the City's vendor database and listed with the requested commodity code for the project. The City Manager stated local vendors are encouraged to register with the City so that they may be receiving the information in a timely manner. The City vendor applications can be obtained from the Purchasing Department or online at mydelraybeach.com. The City Manager stated the City has also updated its vendor maintenance file to capture certified MBE and WBE vendors that are registered with the City. He stated the one thing the City did a couple of years ago and the City is working with Alberta McCarthy to do this again is to have informal presentations for vendors doing business with the City to help them with the vendor registration process, the bid process, awards, and the importance of being certified as MBE and WMBE. The City Manager stated this will be done for our local business organizations. The City Manager stated the City has a minority business policy and one of the things we are supposed to do is generate an annual report. He stated he looked at the period of October 1, 2008 through February 18, 2010. The City Manager stated the City Commission made 138 bid awards and 16 of those are awarded to minority certified businesses. Therefore, the City Manager stated a little more than 10 percent. The City Manager stated the City is going to do a better job of capturing data without minority businesses that the City does business with and also making some more efforts to educate people about how to do business with the City. Mr. Eliopoulos asked if the City has ever put in its RFP's to have a minimal amount of minority participation. The City Manager stated the City does not have that requirement and the City's bid awards are based on price and quality. The City's effort has been to try to encourage minority businesses to bid and educate them on how to do business with the City and how to register with us. 12. FIRST READINGS: A. None 13. Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney and the City Commission 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated the Palm Beach County League of Cities Installation Gala Luncheon will be held on May 28, 2010. Secondly, the City Manager stated he received a letter from Dr. Kathy Weigel, Principal of Atlantic High School, with a brochure highlighting the impact of the career academies in Palm Beach County and thanked the City of Delray Beach for its participation. 24 03/02/10 He stated Commissioner Gray and Commissioner Frankel expressed concerns about the danger over customers sitting on the curb at The Office restaurant on N.E. 2"d Avenue. The City Manager stated staff has met with the owner a couple of times regarding the requirement to maintain the five foot pedestrian access. He stated staff will be scheduling another meeting to discuss the potential for danger that the curbside tables create for customers and will offer a couple of solutions in dealing with that. Otherwise citations will be issued appropriately and if a business receives three citations in one calendar year, the sidewalk cafe permit can be revoked. The City Manager stated the owner in the past has expressed a desire to cooperate to ensure that its customers are safe. The City Manager stated Commissioner Eliopoulos had questioned people being charged for parking at the library during the Garlic Fest. The Police Explorers were given permission to man and charge for parking in the South County Courthouse Garage and the Old School Square Garage during the Garlic Fest. The City Manager stated they were not supposed to charge for the library surface lot but they did. He stated if they had not done this there probably would have been enough free parking for library patrons. The City Manager stated staff will be sure that this does not happen in the future. Mr. Eliopoulos stated a comment was made to the Commission about making sure that there is proper signage to make people aware that if they go to the library that the surface parking lot is free. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he was at a Candidate Forum in the Northwest/Southwest area and minority businesses were the maj or issue that was discussed. Secondly, Mr. Fetzer commented about the memo from Officer Chuck Jeroloman. Mr. Fetzer stated the tennis week was great. He stated downtown was very busy and he tried to park in the parking garage on Saturday night, February 20m and Sunday night, February 21st and the garage was completely full. Mr. Fetzer stated it was great to see the garage utilized like that and he feels the tennis tournament was a major success this year. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he attended the forum that Mr. Wright made reference to and was also at the one previous where it came up. Mr. Eliopoulos stated he 25 03/02/10 is fine with minority participation and emphasized that he bases everything on qualifications. He concurred with the City Manager that there be a system in place to help people get qualified. Secondly, Mr. Eliopoulos commented about the email over weekend regarding Waste Management. 13.C.3. Mrs. Gray Mrs. Gray discussed the amount of signatures Commissioners need to qualify for the election. She stated obtaining 410 signatures (1% of the registered voters) is a lot of and suggested that the number of signatures be less. The City Manager stated this is in the City Code and the Commission would have to pass an ordinance amending the Code if they would like to see this changed. Secondly, Mrs. Gray stated the CCR Program and the Police Department sponsored a black history month essay contest last night. She stated this was very well attended and she thoroughly enjoyed it. Mrs. Gray stated the tennis tournament was awesome. Lastly, Mrs. Gray thanked the City Manager because she is the one who asked for some type of program, plan or study for the minority contractors. 13.C.4. Mr. Frankel Mr. Frankel stated he would like to know about the events that are going on so that he can participate. Secondly, Mr. Frankel commented on Officer Jeroloman's memo and he read the City Manager's response and believes it is appropriate. Mr. Frankel stated the Police and Fire Pension Board's Attorney wrote a memo with some information regarding the miscalculation of annual salary increases. Mr. Frankel stated another issue that ties in with the tennis tournament is the parking at the South County Courthouse and there are a few people now using the back lot. Evidently, Mr. Frankel stated the employees are being asked to buy transponders to park in that lot and they do not all want to. He stated there are a lot of spaces being used by a few cars and there were a lot of cars in the parking lot over the last week because of the tennis. Mr. Frankel stated it seems that there is a staff parking lot that is not being used by staff, a library parking lot and a courthouse visitor parking lot that is going to be tied up. 26 03/02/10 Lastly, Mr. Frankel stated the tennis tournament was a great success. He commended Mark Baron for having the Champions Tour and stated it was a key component to their record attendance. Mr. Frankel gave kudos to all of those people who helped make the tennis tournament a huge success. The City Manager stated the memo is accurate and correct. He stated there was a misunderstanding of the staff that administers the plan about when people can start drawing benefits if they leave before completing 20 years of service. 13.C.5. Manor McDuffie Mayor McDuffie stated this was the best tennis tournament. He stated the Champions Tournament was so worth it. He stated a restaurant manager walked up to him and mentioned that they were smothered in business. Mayor McDuffie stated the response from the merchants on Atlantic Avenue was fabulous. Secondly, Mayor McDuffie stated last Monday he had the opportunity to go with Lieutenant Tabeek to Atlantic High School where they presented Atlantic High School with a $1,000 donation for "Get Caught Reading". Mayor McDuffie thanked the Fire-Rescue Department for their donation to Atlantic High School. Mayor McDuffie wished Commissioner Fetzer good luck next Tuesday and reminded everyone to vote in the Election. Lastly, Mayor McDuffie stated he is on the Palm Beach County League of Cities Lobbyist Registration Committee and they have now finalized that deal with Palm Beach County so they will now piggyback their lobbyist registration. Mayor McDuffie stated because of the fees the County is charging ($25.00 fee for registration) there is substantial money in the registration system and at this point it looks like it is going to cost the League of Cities nothing. He stated at that point it should also cost the City of Delray Beach nothing for the lobbyist registration system. Mayor McDuffie stated it will be web front ended and there are also searches that can be done, etc. He stated they expect to have it up and running by the end of the year. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:18 p.m. City Clerk 27 03/02/10 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 2, 2010, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 28 03/02/10 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS EAST NAME-FIRST NAME-MEDDLE NAME NAME OF BOARD, CDUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Eliopoulos, Gary Delray Beach City Commission MAILING ADQRlw55 THE HOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 Geor a Bush Boulevard WHICH 15ERVE IS A UNIT OF: CITY COUNTY CITY ^ COUNTY D OTHER LOCAL AGENCY Delray Beach, Florida 33444 ;Palm Beach NAME OF POLETICAL SUBDIVISION: City of Delray Beach DATE ON WHICH VOTE OCCURRED MY POSITION I5: 3/2/2010 X%i ELECTIVE ^ APPO[NTEVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3'[43, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a governmen# agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in ar carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING "TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTi=R THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally ar in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this farm (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1!2000 Item. 8. C = Item 9.A.A. PAGE 1 APPOINTED OFFICERS (continued} • A copy of the form must be provided immediately to the other members of the agency. • The farm must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary Eliopoalos ,hereby disclose tha# on March ~ , 201 (a) A measure came or will come before my agency which (checl< one) xx inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, ; inured tc the special gain or loss of , by whom i am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I have an ongoing professional, business relationship with the existing owner of the property. Date Filed 2 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEE©$10,OOD. CE FORM 8B - EFF. 112DOD PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFF[CERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Eliopoulos, Gary Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 George Bush BOUlevatrd whIICH I SERVE IS A UNIT OF: CITY COUNTY CITY ^ COUNTY Q OTHER LOCAL AGENCY Delra Beach, Florida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION: Cif f D 1 a B h o e r eac DATE ON WHICH VOTE OCCURRED MY POSITION IS: 3~2~20IQ $][~ .ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, >=lorida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3'143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting an a mea- sure which inures to the special gain or loss of a principal {other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he ar she is retained); to the special private gain or loss of a relative; or to the specia[ private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, sonan-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In additien to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you othennrise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLtfENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFT. 112opp Ttem 9 . A PAGE 1 APPOINTED OFFICERS {continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 95 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary Eliopoulos ,hereby disclose that on frlarch 2 201U (a) A measure came ar will come before my agency which (check one) ~ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has re#ained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I have an ongoing professional, business relationship with the existing owner of the property. Date Filed 20~ by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §912.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 1N SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. '#1200D PAGE 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 8, 2010 SUBJECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 ALZHEIMER'S ASSOCIATION PALM BEACH MEMORY WALK DAY 2010 ITEM BEFORE COMMISSION Proclamation for Alzheimer's Association Palm Beach Memory Walk Day 2010 -April 10, 2010. WHEREAS, as many as 5.2 million Americans are now living with Alzheimer's disease and every 71 seconds another is diagnosed, causing untold emotional, medical, and financial distress and hardship to the victims and their families, loved ones and caregivers; and WHEREAS, Alzheimer's is the sixth leading cause of death in the United States; and WHEREAS, it is important that the citizens of Delray Beach know that 10 million baby boomers will develop Alzheimer's in the United States; and WHEREAS, Alzheimer's Association is the largest private, nonprofit funder of Alzheimer's disease research in the United States and is moving closer to accurate diagnostic tools, meaningful treatments and a cure; and WHEREAS, the Alzheimer's Association is here today, encouraging the residents to move to end Alzheimer's disease by participating in Alzheimer's Association 2010 Palm Beach Memory Walk on Saturday, April 10, 2010 by starting a team, joining a team, being an individual walker, volunteering or donating at www.meorywalks.co; and WHEREAS, it is appropriate that a day be set aside to encourage residents to take steps to ACT now to end Alzheimer's, OPEN their minds to learn the facts about Alzheimer's, VOICE their support and become an advocate and MOVE the Alzheimer's Association's cause forward. NOW THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim April 10, 2010 as: ~I.Z1I[ ~~ ~44I~TI4I<i ~ H41I[ )NI~4I®~~ ~I.I~ D~~ 2414 in the City of Delray Beach and urge all residents to show their support for the goals of the Alzheimer's Association. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of March, 2010. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: March 9, 2010 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 SENIOR GAMES PROCLAMATION ITEM BEFORE COMMISSION Proclamation recognizing winners of four or more medals for their participation at the Delray Beach Senior Games. BACKGROUND The Parks and Recreation Department held the 21st Annual Delray Beach Senior Games from February 5, 2010 through February 11, 2010 for participants over 50 years young. There are eleven athletic events: golf, tennis, swimming, basketball skills, bowling, lawn bowling, bridge, shuffleboard, track and field, billiards and table tennis. Altogether 267 contestants participated in the 2010 Senior Games, 18 of whom won 4 or more medals. Parks and Recreation would like to recognize the winners for their triumphs, spirit and enthusiasm. WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful recreation opportunities in exemplary park environments; and WHEREAS, the Parks and Recreation Department held the 21St Annual Delray Beach Senior Games from February 5, 2010 through February 11, 2010 for participants over 50 years young; and WHEREAS, there were 11 athletic events, to wit, golf, tennis, swimming, basketball skills, bowling, lawn bowling, bridge, shuffleboard, track and field, billiards and table tennis; and WHEREAS, the Delray Beach 2010 Senior Games were designated an official regional qualifying site for the 2010 Florida State Senior Games; and WHEREAS, there were 267 contestants in the 2010 Senior Games, 18 of whom won 4 or more medals, to wit as follows: • Chris Burt, 10 gold medals in swimming • Essie Faria, 10 medals (2 gold and 1 silver in table tennis, 7 in track and field) • Dr. Herbert Furash, 7 gold and 3 silver medals in swimming • Edward Leavy, 8 medals (1 silver and 1 bronze in basketball skills, 1 gold in shuffleboard, 2 silver in swimming, 2 bronze and 1 silver in track and field) • Ed Rangel, 8 medals (1 silver and 1 bronze in basketball skills, 1 gold and 5 bronze in track and field) • Rodger Ribeiro, 8 medals (2 silver in basketball skills, 1 gold in golf, 2 gold in tennis, 2 gold and 1 silver in track and field) • Carolynn Foley, 5 gold medals in swimming • Raymond Lebowitz, 5 gold medals in track and field • George Knoblock, 3 gold and 2 silver medals in track and field • Justin Langsner, 5 medals (1 gold and 1 silver in basketball skills, 1 silver in billiards, 1 gold in golf, 1 gold in track and field) • Isaac Galarza, 3 gold and 2 silver medals in swimming • Edward Soderberg, 3 gold and 2 silver medals in track and field • Raffi Toroyan, 4 silver medals and 1 bronze medal in track and field • Fred Henderson, 4 gold medals in swimming • Neil Eichelbaum, 4 gold medals in swimming • Enrique Pintado, 4 medals (1 silver in table tennis, 1 bronze in tennis, 2 gold in track and field) • Martin Quinn, 2 gold, 1 silver and 1 bronze in track and field • Nuretti Sabuncu, 2 gold, 1 silver and 1 bronze in track and field NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that Chris Burt, Essie Faria, Herbert Furash, Edward Leavy, Ed Rangel, Rodger Ribeiro, Carolynn Foley, Raymond Lebowitz, George Knoblock, Justin Langsner, Isaac Galarza, Edward Soderberg, Raffi Toroyan, Fred Henderson, Neil Eichelbaum, Enrique Pintado, Martin Quinn, and Nuretti Sabuncu are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 16th day of March, 2010. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: March 11, 2010 SUBJECT: AGENDA ITEM 6.C. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 DELRAY DIVAS STEP DANCE TEAMS PROCLAMATION ITEM BEFORE COMMISSION Proclamation recognizing Delray Divas for their accomplishments at the 11th Annual Florida African American Heritage Step Off Extravaganza. BACKGROUND The Delray Divas welcomes youth from K thru 12th grade to participate in dance step teams at Pompey Park Recreation Center. Practices are held at Pompey Park and performances and competitions are held throughout Florida. The Delray Divas have three categories; Baby Divas, Junior Divas and the Lady Divas. They attend 60 to 80 performances a year throughout Florida and also they compete at area competitions. At the Annual Florida African American Heritage Celebration the Delray Divas advanced to the final round of competition in their divisions. The Baby Divas placed 2nd and received $100.00, Junior Divas placed 3rd and received $100.00, and the Lady Divas placed 1st and received a $1,000.00 prize check. WHEREAS, the Delray Divas participated at the 11th Annual Florida African American Heritage Step Off Extravaganza on February 26 and 27, 2010 in Clearwater, Florida; and WHEREAS, the Annual Florida African American Heritage Celebration honors Students Against Drugs, Violence and Racism; and WHEREAS, the City of Delray Beach Baby Divas, Junior Divas, and Lady Divas advanced to the final round of the competition in their divisions: The Baby Divas led by Coach Krystal Hull placed 2nd in the Elementary School division; and The Junior Divas led by Coach Rashaun Troutman placed 3rd in the Middle School division; and The Lady Divas led by Coach Tia Renee Dobard won 1St place in the High School division. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend: ~(~ o~i.~Y ptv~s s~P 'r~~Ms for their representation of the City of Delray Beach Parks and Recreation Department and offer them congratulations on an outstanding job in the 2010 Florida African American Heritage Celebration. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of March, 2010. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 8, 2010 SUBJECT: AGENDA ITEM 6.D. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 WATER CONSERVATION MONTH PROCLAMATION ITEM BEFORE COMMISSION Proclamation for Water Conservation Month - Apri12010. WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the City of Delray Beach, Water Management Districts, and the State of Florida are wvrlcing together to increase awareness about the importance of water conservation; and WHEREAS, the City of Delray Beach and the State of Florida have designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizer~s about how they can help save Florida's precious water resources; and WHEREAS, more than 90 percent of Florida's drinlang water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, every business, industry, school, and citizen can make a difference when it comes to conserving water; and thus promote a healthy economy and community. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach Florida, on behalf of the City Commi.~sion, do hereby proclaim the month of April, 2010 as: ~T~ ~ ~~~1~ ~~T~~~1 ~ 1~T~ in Delray Beach, Florida, and call upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16~ day of March, 2010. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 8, 2010 SUBJECT: AGENDA ITEM 6.E. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 FAIR HOUSING AMERICA MONTH PROCLAMATION ITEM BEFORE COMMISSION Proclamation for Fair Housing America Month - Apri12010. WHEREAS, although Equal Housing Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues; and WHEREAS, each yEar since the enactment of the National Fair Housing Act, the f ederal government designates April, the anniversary month of that law, as Fair Housing Month; and WHEREAS, on this the 42nd Anniversary, the City of Delray Beach is pleased to join in that designation, since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquai~lt themselves with the rights and responsibilities that are theirs under the law; and WHEREAS, since fair housing is consistent with the principle of equality and j ustice f or all -principles upon which our nation was f ounded - we all need to share in the f fight to ensure f air housing is a reality f or all residents; and WHEREAS, the Fair Housing Center of the Greater Palm Beaches provides fair housing education and outreach services for the City of Delray Beach NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Comrrussion do hereby proclaim April, 2010 as: ~~I~ I~~ll,~5INC~" t~~~V~H in the City of Delray Beach, Florida, and urge all citizens to join the efforts to reaffirm fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16~ day of March, 2010. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 8, 2010 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 MATCHPOINT PRESENTATION -MARK BARON ITEM BEFORE COMMISSION Matchpoint Presentation -Mark Baron MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 9, 2010 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 AGREEMENT/,TUDSON ARCHITECTURE, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve an agreement in the amount of $26,500.00 for construction administration services with Judson Architecture, Inc. BACKGROUND The Spady Cultural Heritage Museum located at 170 NW 5th Avenue opened in July of 2001. Operated by EPOCH (Expanding & Preserving Our Cultural Heritage, Inc.), this non-profit organization is dedicated to communicating the rich history and cultural diversity of Delray Beach. Adjacent to the museum is an existing one-story historic bungalow structure known as the Susan B. Williams House. At the direction of EPOCH, Judson Architecture developed plans and contract documents with the intent to preserve the historic structure through rehabilitation and restoration. Upon approval of the agreement attached hereto, Judson Architecture will perform thorough construction administration services including the review of contractor bids, contract award recommendation, conduct bi-weekly progress meetings, perform weekly site visits, review of shop drawings, respond to requests for information, review of payment applications, create a punch list and perform a final walkthrough pursuant with contract closeout procedures. Due to the nature of the historic restoration project, a complete scope for construction administration is necessary. Project funding is provided by the CRA. FUNDING SOURCE Funding is available from 334-4851-575-62.89 General Construction Fund: Spady Multi Cultural Museum/Buildings/Munnings/WMS Rehab RECOMMENDATION Staff recommends approval of the agreement with Judson Architecture, Inc., in the amount of $26,500.00 for construction administration services regarding the Susan B. Williams House Restoration. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONSULTANT THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Judson Architecture, Inc. (hereinafter called CONSULTANT). WITNESSETH: The CITY and the CONSULTANT in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONSULTANT hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The CONSULTANT, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The CONSULTANT further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the CONSULTANT include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Service Authorization & Schedule PAGE NUMBERS 1-4 5 ~ -ts 9 10-11 Addenda numbers to inclusive, and any modifications delivered after execution of this Agreement. 4. The term of this Agreement shall commence on the date written above. 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONSULTANT: Judson Architecture, Inc. 18425 NW 2"d Avenue Suite #402 Miami Gardens, Florida 33169 Office (305) 690-5966 Fax (305) 690-6201 7. The CONSULTANT shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the CONSULTANT shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 2 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONSULTANT and any persons employed or utilized by the CONSULTANT in the performance of this Agreement. CONSULTANT agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONSULTANT agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONSULTANT, its agents, servants or employees. CONSULTANT further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONSULTANT to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the CONSULTANT, its agents or employees. This 3 indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONSULTANT the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONSULTANT acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONSULTANT and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the CONSULTANT and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: (Please type or print name) (Please type or print name) CITY OF DELRAY BEACH, FLORIDA By: Mayor CONSULTANT: By: (Please type or print name) 4 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by or agent, title of officer or agent), of place of incorporation) corporation, on behalf of the corporation. (state or He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped (name of officer CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on resolution was duly passed and adopted: 20_, the following "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the corporation this day of , 20_ (Secretary) (Seal) 6 INSURANCE: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverage's: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations -CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 -Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, and C4. All policies covered within subparagraphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. s i i 5612437166 CITY OF DELRAY BEACH 878 PQ8 DEC 21 'Qa 10:23 G0017 INSQ'~tAI1CE, ~X+IC.. , P, a. 30% A,1 >~TMS"~ CY~'St, USA DOQ00 INSURE4 WI>;.L~G WORKERS ASSOC. ,~C DiiZV~ .a~rTOw~t, usA oooo~ ~~ L iy±~Y THiS C~R'TfFfCATE IS ISSUED AS A 61A7TER OF INFORt~L4TtON ONLY ANp CONFERS KO RtUFITa UPON TT1E C~RTIF7C~~T'~ HOLPEA. THIS CERT~AT'E pO~ NOT AIAEI,Ip s;7Sl'ENp Oq ALTER TiIE CCVERAQ~ AfFOA~O 8Y 7HL P`0[JCl~S EtElOW, C~fMPANIES A~FOf~DlNG COVERAGE ,~: • -~ ~".~=~~ l.E1TER r ~ RIGE,~T ~C.?AI~,D I~I$iJRANCE CQ. tiles ~'JC*y_,-= CC)ldPATVY ;ri~~-'-`"~_ f.r*rr~q B CQMPLL~ Ca1f~Kf.GE ~~15EJR~NCE CO. ~, C4AIPANY LI; t'1'~A COMPANY LErrER C~~~ Y ' THIS LS Ta CE67TIFY TZ•L~T POLJC IES QFIN5URJ1![C~ L,25TEI7 8E41',7W HAKE BFEre ISSLIEISTQ TFIIy lNSUiLED Id11.LiEp A9aVE FaA 7FI$ POLICY PERFOOtNDICATEO. NOTWlTHSTANDiN4 wNY REattll If=1A~NT, 7'>=say as e,ONpmpH ~;h- wxY C~T/r/,~T pR OTyIER DOd11AEtiT W[TFI f~St~~r TO WHrCH T-~t5 crrRTl}'IC,~,TE F~tAY Sae ISSUER OR TRAY PERTA3N, Yl':E tN5UFIAHC~ AFft7fiY]Ep t#Y 7rpE FOI,lGIF$ pEgEp HFAEIN frs ^.slfB.fFL'T 7q AI,.I. THE TERl.R,, E.Y[~uSaOkS, wHp C.aMp~ TIONS aF SUCH POLICIF,S, CO TYPE OF !N$IJq/,MCE -- ---- _ ~UC1' FFFi:[fn~ t,L4gILlTY IJMITS IH TFIOU3ANDS LTR PCJLlCr NUM6ER ~~ [! pa,wY Ls~sR,rlor! WTE (IAtl14(J/YVry ~. k.-. ;~,: OGCIfRAEr~E AC4REGATE A GENERp,L L.IA9ILIT-Y ~~_~ x c~MPl~HENSIVE raaM GLF0776U4 3-O1-9U 3-•01-9Z I~+.n,ar 5 $ ~ Mls€srop€Hxnons dCPLiYid OpUAPSE IIAZARfi o ETM 5 ~ PHOOUGTS+t~AIV1,ETE0 OPERATII] I$ ~ ~tiro7 GOnrw,GrUAL . ~• ~ C.Oi+67~vE6 ~ ~Q~ ~ ~~~ `~ INpEPENOENT G4-iTRA,CTpRS aRgA!} FORM PR4PERIY OAhfAGE PERSl7NAL IN,JUAY ' P~R$pNAL n'I.IVpY Aurar~IgaluE I.IABlEtTY ANY auro uL owrrEO nLlros IP~tty. PA55.] AL! 4WMt:d AUTOS IOPAjYRPASS. HIREb AUTOS NON-QMlMEO AUTOS Ca+WA(3E LUIB11(;'( EICCFSS LIABILITY UM6FIELLA F9R1~f pTNER THaN tlhtaRELLA fOR1a1 Wt7RIf~RS' COMPENSwT1Ot# $ nNo E111PLQ'(>:liS' LJABI4CTY orHER ~.~a~76r~5 ~~oi-~o ~-ci i-~ ~ avey >~ r mss} ~ vrarY OAatw~g e~ * ro $ 300 coMe~nEo ~o f $ CI.PQ77bt~6 3--01-•90 3-~CI ~-91 SYAYIJYORY - - '•iY .` ~ $ (EAGI ACCEpENTy - - ~j~l $ (OISEASE•p4LICY LIMf{l ~ II]ISEASE-EAGiEMi'LOYEL) rax:r~rpTloN of OPpAATIONSlCOCA rgNSnr~rllCL~srsPrrlwt,,rt:+~s nce aE on sect an mss[ rea exact y THIS ~NSQRAN~E APPLI:4BLE TO (sr.2lte prrlject) as be3.av. Cross aut ~.adicated warding *CIT3C QF DEI„~tAy BEACH IS A"UDYTI{~I~, I1~1;:;'HTRII) & provide 30 dais r~.~tars aotfce} rr rr ~ SHQUI.O AHY aF THE /.ia0llt=13CaT:RiBt~ Fa1.ICtFA 8E Ca1NC~Lt~D BE3`OH~ lli~ EXr CrT~ OF I}EI,RA~ BOAC ~ ~ rla~r PATE THEq~oF~ 1'HE f$5 tiVQ COMPANY WILL '>~ 434 S . SW~]'~ON AVM 7E t~ QAYS WRl1T1EN HDTF[~ To CEgTIt=lCATE HaLbF~t wurlEr Ta T}iE D1l TT.RAy SLACg, P.LURI )A 33444 . 7 CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 334-4851-575-62.89 TITLE: Spady Cultural Complex- Historic Susan Williams House This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated between the City of Delray Beach and Judson Architecture, Inc. L PROJECT DESCRIPTION Complete renovation of the historic single story structure known as the Susan B. Williams House II. SCOPE OF SERVICES • Judson Architecture will review bids and recommend a contractor to the City. • Update plans to reflect changes as a result of the value engineering exercise to comply with budget constraints. • Conduct bi-weekly construction meetings and provide construction meeting minutes. • Perform weekly site visits and submit applicable field observation reports ensuring compliance with the contract documents. • Judson and sub consultants will review all submittals, shop drawings for accuracy and compliance with the contract documents; respond to all construction requests for information (BFI's). • Review all request for payment applications, prepare and conduct punch list walkthroughs, initial and final. • Judson and its consultants will review all closeout documents submitted by the contractor to achieve substantial completion. III. BUDGET Bidding and Negotiations: $5,300.00 Construction Administration: $21,200.00 Total Fee: $26,500.00 (Billed hourly not to exceed) IV. COMPLETION DATE 180 Calendar Days 10 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT will commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date Name Title Attest: Approved as to Legal Sufficiency and Form By: Witness Witness Attest: BEFORE ME, the foregoing instrument, this day of , 20_, was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this _ day of , 20 Notary Public State of Florida My Commission Expires: (Seal) 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 11, 2010 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 MEMORANDUM OF UNDERSTANDING/NATIONAL COMMUNITY STABILIZATION TRUST/REO ACQUISITION PROGRAM ITEM BEFORE COMMISSION Request approval to enter into a Memorandum of Understanding with the National Community Stabilization Trust ("Stabilization Trust") to participate in the REO Acquisition Program ("Acquisition Program") designed for the purpose of providing an efficient and cost effective mechanism for transferring vacant and foreclosed properties directly from financial institutions including lenders, servicers, investors and government-sponsored entities ("Sellers") to potential purchasers qualified under the terms of the Acquisition Program Guidelines applicable to certain targeted communities ("Buyers"). BACKGROUND The City of Delray Beach has been approved to receive$1,905,005.00 through the Neighborhood Stabilization Program from the State of Florida Department of Community Affairs. To prevent the recapture of State dollars and to obligate funds prior to the September 2010 deadline, the Neighborhood Services Division requests the following temporary amendments: The REO Acquisition Program was designed by the National Community Stabilization Trust for the purpose of providing an efficient and cost effective mechanism for transferring vacant and foreclosed properties directly from financial institutions including lenders, servicers, investors and government- sponsored entities ("Sellers") to potential purchasers qualified under the terms of the Acquisition Program Guidelines applicable to certain targeted communities. The Acquisition Program provides the City of Delray Beach with either: (a) a right of first offer to purchase foreclosed/real estate owned ("REO") properties on an on-going basis prior to such REO properties being offered for sale through traditional REO sale channels, or (b) a targeted bulk purchase program for purchasing significant numbers of currently listed properties. Target areas for these acquisitions are generally located in communities heavily affected by the foreclosure crisis, as determined by the City of Delray Beach. The MOU is non-binding and there is no cost to the City for services provided by NCST. The City of Delray Beach will have the opportunity to purchase foreclosed/REO properties before they are listed for sale through traditional mechanisms and immediately after the completion of the foreclosure process at a purchase price that reflects savings on expenses associated with prolonged holding periods and other Seller expenses. This also allows greater control of stabilization efforts within the targeted areas. The Stabilization Trust and its sponsors also provide various forms of technical assistance and sharing of best practices. RECOMMENDATION Staff recommends City Commission approval for the City of Delray Beach to enter into a Memorandum of Understanding with the National Community Stabilization Trust to participate in the REO Acquisition Program designed for the purpose of providing an efficient and cost effective mechanism for transferring vacant and foreclosed properties directly from financial institutions including lenders, servicers, investors and government-sponsored entities ("Sellers") to the City of Delray Beach for the purpose of the success of the Neighborhood Stabilization Program. National Community 5#abiliza#ivn Trust 1325 G Street, NW, Suite 8D0 ^ Washington, DC 2DDD5-310D • p: [2D2] 220-2300 • f: (2D2) 376-260D SUMMARY OF THE NATIONAL COMMUNITY STABILIZATION TRUST'S REO ACQUISITION PROGRAM GUIDELINES WHAT IS THE NATIONAL COMMUNITY STABILIZATION TRUST'S REO ACQUISITION PROGRAM? The REO Acquisition Program ("Acquisition Program") was designed by the National Community Stabilization Trust ("Stabilization Trust") for the purpose of providing an efficient and cost effective mechanism for transferring vacant and foreclosed properties directly from financial institutions including lenders, servicers, investors and government-sponsored entities ("Sellers") to potential purchasers qualified under the terms of the Acquisition Program Guidelines applicable to certain targeted communities ("Buyers"). HOW DOES THE ACQUISITION PROGRAM WORK? The Acquisition Program provides Buyers with either: (a) a right of first offer to purchase foreclosed /real estate owned ("REO") properties on an on-going basis prior to such REO properties being offered for sale through traditional REO sale channels or (b) a targeted bulk purchase program for purchasing significant numbers of currently listed properties. Target areas for these acquisitions are generally located in communities heavily affected by the foreclosure crisis, as determined by Buyers. WHAT ARE THE BENEFITS OF THE ACQUISITION PROGRAM TO THE BUYER? Buyers will have the opportunity to purchase foreclosed / REO properties before they are listed for sale through traditional mechanisms and immediately after the completion of the foreclosure process at a purchase price that reflects savings on expenses associated with prolonged holding periods and other Seller expenses. This also allows Buyers greater control of stabilization efforts within their targeted areas. The Stabilization Trust and its sponsors also provide various forms of technical assistance and sharing of best-practices. WHO ARE ELIGIBLE BUYERS? Buyers will be required to be prequalified by the Stabilization Trust and its sponsor organizations to participate in the program. Eligible Buyers will typically be located in targeted communities particularly hard hit by the foreclosure crisis, will have sufficient capacity to handle the acquisition of portfolios of REO properties, and will have the ability to track market pricing. WHAT IS THE MEMORANDUM OF UNDERSTANDING BETWEEN THE STABILIZATION TRUST AND BUYER? The purpose of the Memorandum of Understanding ("MOU") and related Acquisition Program Guidelines is to clearly set forth the Acquisition Program's expectations for the Buyer. They describe the standardized transfer mechanism for offering, selling and closing on vacant REO properties provided by the Stabilization Trust, including accepted procedures, timeframes and documents needed for such transfers. Additionally, they describe the responsibilities and roles of the Stabilization Trust and Buyers in such transactions. Page 1 of 2 National Community 5#abiliza#ivn Trust 1325 G Street, NW, Suite 8D0 ^ Washington, DC 2DDD5-310D • p: [2D2] 220-2300 • f: (2D2) 376-260D WHAT ARE THE EXPECTATIONS FOR THE BUYER? Buyers will be required to implement the Acquisition Program with the Stabilization Trust and be responsible for the following activities to successfully implement the Acquisition Program within their Local Program covering the applicable targeted communities: • Ensure to the Stabilization Trust (and develop where necessary) the infrastructure for the management of a large volume of properties, including rehabilitation plans, disposition strategies for the sale, marketing and asset management of the properties. • Demonstrate the ability to (a) conduct property inspections and property valuations and (b) schedule and complete the transfer of the properties pursuant to the Acquisition Program buyer purchase agreements. • Maintain and demonstrate on an on-going basis (a) the knowledge of the local housing markets, (b) the ability to act promptly to offers from Sellers (i.e., the same day or next business day) with an acceptance, counteroffer or declination, (c) the commitment to use a standardized valuation procedure developed by the Stabilization Trust to promote quick and efficient transactions, (d) the ability to purchase property on an all cash basis and (e) provide transaction process updates to the Stabilization Trust on a periodic basis. 019089/280001/1043805_3 Page 2 of 2 National Community 5#abiliza#ivn Trust 1325 G Street, NW, Suite 8D0 ^ Washington, DC 2DDD5-310D • p: [2D2] 220-2300 • f: (2D2) 376-260D Memorandum of Understanding 20 Attn: Re: National Community Stabilization Trust, LLC ("Stabilization Trust") Memorandum of Understanding Relating to REO Acquisition Program ("Acquisition Program") Dear We are pleased to forward to you the attached Acquisition Program Guidelines under which ("Buyer") has agreed to participate with the Stabilization Trust as a qualified buyer in the Acquisition Program outlined more completely in the attached Acquisition Program Guidelines. The purpose of this letter is to express our appreciation with your agreement to work with the Stabilization Trust in this initial phase of the Acquisition Program. Although the document indicates "Draft", it shall serve as our agreement. We anticipate that the terms of the Acquisition Program Guidelines will be ultimately incorporated into an agreement of understanding, as may be necessary in the future. Preliminarily, however, it is our hope that you will acknowledge the terms of the Acquisition Program Guidelines with the Stabilization Trust by signing the acceptance below. As we discussed, upon your acceptance, we will immediately commence our involvement with as an eligible Buyer under the First Look Purchase Program outlined in Appendix I in the attached Acquisition Program Guidelines as well as the Targeted Bulk Purchase Program. This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 1 of 3 National Community 5#abiliza#ivn Trust 1325 G Street, NW, Suite 8D0 ^ Washington, DC 2DDD5-310D • p: [2D2] 220-2300 • f: (2D2) 376-260D Delivery of an executed counterpart of a signature page of this agreement by facsimile transmission or electronic transmission (e.g., "pdp' or "tif') shall be effective as delivery of an original executed counterpart of this agreement. Upon request, by us or by you an original executed counterpart of this agreement will be sent to the parry requesting it. We look forward to our association with you in this very important effort in helping to stabilize our neighborhoods. Very truly yours, National Community Stabilization Trust, LLC, a Delaware limited liability company By: Its: 2of3 National Community 5#abiliza#ivn Trust 1325 G Street, NW, Suite 8D0 ^ Washington, DC 2DDD5-310D • p: [2D2] 220-2300 • f: (2D2) 376-260D ACCEPTANCE: The undersigned hereby agrees to the terms of the attached Acquisition Program Guidelines and agrees to proceed with the Acquisition Program set forth in the Acquisition Program Guidelines in connection with all eligible properties and the eligible Sellers. Date: By: Its: 019089/280001/1043801_5 3 of 3 National Community Stabilization Trust REO Acquisition Program Guidelines for Buyers i C.~m~ Disclaimer: The following Term Sheet is provided for convenience only and does not constitute a commitment to purchase or sell any property and shall not create a binding or legally enforceable obligation on the National Community Stabilization Trust (the "Stabilization Trust") or any other party in any way, unless otherwise agreed to by the parties. The terms contained herein are of a summary nature and are not all-inclusive. The activities and policies of the Stabilization Trust will be governed by the legal documents to be executed by parties to the Stabilization Trust and reference is made to such documents for definitive descriptions of the Stabilization Trust and its activities. Overview This Term Sheet outlines the foreclosed property /real estate owned ("REO") Acquisition Program (the "Acquisition Program") of the National Community Stabilization Trust ("NCST" or the "Stabilization Trust"). The purpose of the Acquisition Program is to provide an efficient and cost- effective mechanism for transferring vacant and foreclosed properties from lenders, servicers and investors and GSEs qualified under the terms of the Acquisition Program Guidelines (the "Sellers"), to potential purchasers qualified under the terms of the Acquisition Program Guidelines applicable (the "Buyers"), who may be acting on behalf of a local collaborative effort including local or state community development corporations or other non-profit entities, local government agencies (municipalities, counties and states) ,for profit developers and individuals, as appropriate working to stabilize targeted communities (the "Local Programs"). By creating a single source structure for the transfer of property, the Stabilization Trust provides a pipeline of properties based on criteria provided by the Buyers on behalf of their Local Programs. The Acquisition Program provides Buyers with either (a) a right of first offer to purchase REO properties on an ongoing-basis located in targeted communities from Sellers prior to their being listed through traditional REO sale procedures (the "First Look Program") or (b) a bulk purchase program for purchasing significant numbers of currently-listed properties located in communities heavily affected by the foreclosure crisis (the "Targeted Bulk Purchase Program"). The Acquisition Program will provide efficient ways to transfer clusters of properties in vulnerable communities for rehabilitation as part of a comprehensive neighborhood stabilization strategy. Procedures, policies and agreements for both programs are described herein. The Stabilization Trust has developed a standardized transfer mechanism for offering, selling, and closing vacant REO properties with accepted procedures, timeframes, and documents. The Acquisition Program establishes the basis for fair and transparent pricing between the Buyers and the Sellers, mitigating a critical issue associated with the transfer of properties in targeted areas -the valuation of REO and otherwise distressed properties in volatile and declining housing markets. The Acquisition Program provides a standardized mechanism for the Page 1 of 11 expedited and flexible transfer of distressed properties. The Stabilization Trust has both a high level of execution expertise and established relationships with Sellers. Through the participation in the Acquisition Program, Buyers gain the benefit of dealing with a single entity on a national level to develop a format and pipeline for purchasing properties in multiple communities. Furthermore the Acquisition Program has established standardized procedures, documents, and closing procedures with multiple Sellers, creating an efficient structure, allowing the Buyers and Local Programs to focus their resources within their respective communities. The Acquisition Program is a general framework which is used for an ongoing series of transactions in states and communities across the country. The Acquisition Program has been designed to meet the requirements of and to be used in combination with monies that may be available to states and localities through the HUD Neighborhood Stabilization Program ("NSP") and related Housing and Economic Recovery Act of 2008 (H. R. 3221), and the Stabilization Trust has been working closely with HUD on implementation of the NSP program. The Stabilization Trust expects to continue to enter into Memoranda of Understanding with additional Buyers for implementation of the Acquisition Program to support their Local Programs pursuant to the terms described herein. The Stabilization Trust works closely with its sponsor organizations (Enterprise Community Partners, the Local Initiatives Support Corporation / LISC, the Housing Partnership Network and NeighborWorks America) in implementing the Acquisition Program with Buyers to support their Local Programs. Role of the Stabilization Trust The Stabilization Trust will provide services to assist selected Buyers and in the Acquisition Program Sellers in arranging the transfer of properties. Such services will include but not be limited to: establishment of pre and post purchase procedures; coordination of offers for the sale/purchase of REO properties; consolidation and distribution of information; assistance with coordination of closing processes; and in some cases, providing the financing necessary for the purchase of certain properties. The Stabilization Trust is in the process of refining the Acquisition Program and the services it will provide, and setting a timeline for the implementation of various services. The Stabilization Trust will provide assistance in coordinating the process but will not act as a retail broker for individual transactions or with end users/owner-occupants. Local Programs and their The Stabilization Trust's Acquisition Program will be operated with Local Eligible Buyers Programs who are generally comprised of a coordinated group of community development housing organizations, public-private partnerships, units of local government, or other qualified entities, which may include collaborations of non-profit developers and other charitable organizations, "mission-driven" for-profit developers, private Page 2 of 11 contractors, and local governmental organizations in their Local Programs that: are located in targeted communities particularly hard-hit by the foreclosure crisis. Such areas display high concentrations of REO properties, increasing vacancy rates, slow absorption of homes on the market, declining home values, increasing signs of blight, and increasing evidence of abandonment; currently have sufficient capacity to handle the acquisition of portfolios of REO properties; and have the ability to determine market pricing on an on-going basis. The Local Program, in coordination with the Stabilization Trust's Sponsors as appropriate, will be responsible for determining which entities are appropriate for participation within each targeted community. Additionally, the Local Program, in coordination with the Stabilization Trust's Sponsors as appropriate, will identify a single Buyer in a targeted community who will be responsible for acquiring properties on behalf of the Local Program through the Trust Acquisition Programs. The Buyer of a Local Program will oftentimes convey properties they acquired on behalf of the other participants in the Local Program through a second transaction. Buyers will be required to be pre-qualified by the Stabilization Trust and the Stabilization Trust Sponsor to participate in the Acquisition Program. Requirements of Buyers: Buyers will be required to implement the necessary infrastructure within Acquisition Capacity their Local Program for the successful participation in the Stabilization Trust's Acquisition Program. This includes ensuring the Buyers on behalf of their Local Programs have sufficient capacity for the evaluation and purchase of multiple properties through both the First Look Program and Targeted Bulk Purchase Program. This capacity includes the ability to perform property inspections and valuations, and to complete the transfer of the properties pursuant to the Acquisition Program buyer agreements, etc. Requirements of Buyers: The Buyer will be responsible for the establishment of a baseline Local Markets understanding of their respective local real estate and property market, to include but not limited to: determining what local legal and tax considerations will be relevant for transactions with the Acquisition Program; and determining historic, current and projected local residential market trends. The Buyer will be responsible for the ongoing monitoring of local markets and for the provision and review of local market reports to the Stabilization Trust. Requirements of Buyers: The Buyer will be required to provide transaction process updates Pipeline through the Stabilization Trust's pipeline reports on a periodic basis. These reports shall contain but not be limited to: expectation of periodic volume of properties anticipated to be Page 3 of 11 acquired by the Buyer on behalf of their Local Programs; and general requirements of property characteristics. Requirements of Buyers: The Buyer will be required to establish the necessary infrastructure Disposition Capacity within their Local Program for the successful participation in the Acquisition Program. This includes: ensuring the applicable Local Program within the targeted community has the necessary infrastructure for the management of a large volume of properties, including rehabilitation, disposition strategies, property sales and marketing, asset management, etc.; and knowledge of local affordable housing markets including, affordable financing programs, redevelopment and rehabilitation programs and resources necessary to move purchased REO properties from vacancy to rehabilitated occupied properties. Eligible Sellers The Acquisition Program works with any Sellers that have or anticipate having: concentrations of REO properties in targeted communities; and the ability to sell properties under such terms and conditions that meet the requirements of the HUD NSP Property Acquisition Guidelines. The participating Sellers will: agree to participate with the Stabilization Trust in the Acquisition Program and regularly offer properties pursuant to the Acquisition Program Guidelines applicable to their agreement with the Stabilization Trust; supply all Stabilization Trust-requested information on REO properties offered for sale and disclose any known conditions of the properties as required by law; and provide estimates to the Stabilization Trust of the anticipated volume of properties that may enter foreclosure in the targeted communities in order to assist the Stabilization Trust in planning activities and program volume in connection with or relating to the Acquisition Program. Eligible Property In general, vacant and foreclosed property with clear and marketable title will be purchased by the Buyer on an as-is basis. The Buyer will be required to provide the Stabilization Trust with descriptions of property and portfolio characteristics including both those that are threshold minimum requirements and those that are desirable. Such characteristics will include but not be limited to: location, size, condition, value range, proximity to other REO properties, etc. The Stabilization Trust will coordinate with the Sellers on behalf of the Buyer regarding these characteristics. As a part of the sales process, Sellers will be required to fully disclose property characteristics requested by the Buyer and provide updates, as appropriate. Page 4 of 11 The Stabilization Trust will identify exceptions to the eligible property criteria and, on a case by case basis, consider property that does not meet the criteria (i.e., occupied, title issues, foreclosure in process, etc.). Valuation Procedures and As a part of the Acquisition Program, Buyers and Sellers will agree to use Pricing standardized valuation procedures in order to promote quick and efficient transactions. The desire for expedited transactions requires that the valuation process be open and transparent. Buyers and Sellers will share information regarding the properties in question. Sellers will grant access to properties for inspection by Buyers or their agents. Both Buyers and Sellers will also share information about property history, property conditions, and local market conditions. In addition to agreeing to an open valuation process, Buyers and Sellers will agree that prices should reflect a number of factors beyond standard appraisals. Prices should reflect current local market conditions, including such possible conditions as declining home values, long holding periods, and increased vacancies. Prices should also be adjusted for required rehabilitation costs, the cost of capital invested in the properties, and other holding costs, such as taxes and insurance, maintenance, and administrative overhead during a potentially prolonged holding period. Pricing and Consideration In general, Buyers are expected to purchase property on an all-cash basis. Closing It is anticipated that Buyers will execute direct purchase contracts with Sellers. The Stabilization Trust has established standard form purchase agreements for the Acquisition Program. Buyers may acquire properties through the Acquisition Program for other entities within their Local Program, and may have subsequent transactions to transfer these properties. [The Stabilization Trust may contract with a national title company to coordinate efficient closings.] [Sellers may represent and warrant clean title (marketable or insurable) to expedite the closing date.] First Look Program Appendix I outlines the details of the First Look Program to govern transactions between Buyers and Sellers. The First Look Program will give Buyers the opportunity to purchase foreclosed properties before they are listed for sale through traditional mechanisms. The First Look Program gives Buyers the ability to purchase foreclosed properties in targeted communities immediately after the completion of the foreclosure process, with purchase prices that reflect savings on expenses associated with holding periods and other Seller expenses. Targeted Bulk Purchase Appendix II outlines the details of the Targeted Bulk Purchase Program Program to govern transactions between Buyers and Sellers. The Targeted Bulk Purchase Program will give Buyers the opportunity to purchase groupings of listed aged properties in targeted communities. This program allows Buyers to acquire properties in areas with high concentrations of REO properties. Page 5 of 11 National Community Stabilization Trust REO Acquisition Program -First Look Program Objective and Overview of the The First Look Program is designed to expedite the transfer process of First Look Program REO properties. This program will facilitate efficient transactions by establishing a transparent price offer and acceptance process that will reduce and eliminate unnecessarily lengthy negotiations. Under the First Look Program, Sellers will exclusively offer for sale to Buyers, via the Stabilization Trust [substantially all of] the eligible properties within the identified geographical area meeting the criteria provided by the Buyers via the Stabilization Trust for an agreed upon period. The Buyers will be provided the opportunity to accept an offer on a foreclosed property after the foreclosure process is complete (and any redemption period is expired) and the property is vacated, but before the Seller lists the property through a traditional mechanism (the "First Look Period"). During this First Look Period, the Seller will provide the Buyer (a) physical access to the property for inspection, and (b) the offer of a sale price for the property, which the Buyer will promptly accept, decline or counter. Additionally, the three parties (the Seller the Buyer and the Stabilization Trust) will, prior to consummating transactions on individual properties within a specific market / target area, establish a common understanding of the local property market(s). It is intended that the transparency created by sharing pricing methodologies and establishing a common understanding of the local property market(s) will reduce the length of negotiations for the two parties (the Seller and the Buyer) to allow for a greater volume of transactions in as short a time as possible. Procedures by Stabilization Prequalify Buyers for the First Look Program participation and enter Trust and its Stabilization into an agreement with Buyers establishing the terms and Trust Sponsors Prior to Offer conditions of the Stabilization Trust's services and Buyers' from Sellers under First Look obligations. Program Certification of the Buyers' financial capacity to complete the transfer. In the case of acquisition financing provided by the Stabilization Trust, approval of the Buyers as an eligible recipient of financing. Provide information to Sellers including: Geographic areas of concentration and focus of the Buyers through the Stabilization Trust (e.g. zip codes, census tracts, etc.). Criteria for selection of property in each selected geography (e.g. SFH, vacancy status, etc.). Expected volume and capacity by area. Page 6 of 11 It is expected that the Stabilization Trust will play a role in facilitating the ongoing data exchange, and may assist in further refining the property criteria on behalf of the Seller and Buyer (i.e. Buyer's target area may be set by boundaries incongruous with zip code boundaries). Localization of this program's standardized procedures, documents, and closing procedures for applicable local market practices, laws and regulations. Procedures for Seller Offering The Seller will provide an ongoing listing of available properties of REO Properties and Buyer within [*] days of the eligible vacant property being secured by Responding to Offer the Seller. This will include addresses, available inspection dates and other available upfront property information. The Seller will grant access to the property for inspection by the Buyer in accordance with standard offering procedures for a period of [5] business days. This access will typically be provided once the vacant property has been secured by the Seller, and will occur concurrently with the Seller's agents (i.e. property appraisers, etc.) accessing the property for the purposes of determining the property value. The Buyer will be responsible for any preliminary property reviews including formal or informal inspections during this property inspection period. The Buyer will be responsible for their own determination of property values. This should be completed in anticipation of the Seller's first offer. In establishing its offer price ("Offer Price") to the Buyer through the Stabilization Trust, the Seller will provide the following information: Seller's Estimate of Fair Market Value of the Property as of the date of the offering. Seller will provide its Estimated Fair Market Value, the methodology used to derive the estimate (i.e., BPO, full appraisal, AVM, etc.), and the date of the last update to said estimate. Such Seller's estimate would be the price that the Seller would have listed the properties for sale through traditional sales methods. Seller will provide a reasonable level of information to the Stabilization Trust on the basis of the Seller's estimate. Seller's Offer Price for the Property as of the date of the offering. The Stabilization Trust anticipates that the Offer Price will represent an adjustment to the price that incorporates several factors. The first factor is the savings associated with using this transaction type instead of a traditional market listing including: (1) reduced sales and marketing costs, (2) avoided property rehabilitation and maintenance costs, (3) avoided taxes and insurance expenses, and (4) any other one-time and holding costs avoided. The second factor is the benefit of an expeditious sale in the specific local market (which depending on the local market conditions may be a Page 7 of 11 volatile and declining market with indeterminate holding periods). The third factor is the impact on net present value of receiving cash payments earlier than an expected sale through traditional means. Buyer understands that some calculations outlined above may be proprietary and that the Seller may not be able to disclose all adjustments to the Offer Price in an explicit manner. The Seller will, at a minimum, indicate: (1) the Estimated Fair Market Value, (2) the total of any adjustments made to the sales price (and explicitly outline which adjustments were and were not included), (3) the estimated holding time had a traditional market listing been utilized, and (4) the corresponding Total Adjusted Sales Price. Upon receipt of an offer from the Seller, the Buyer, through the Stabilization Trust, will promptly respond [same day or next business day] with an acceptance, counter offer, or declination. The Seller will make a best effort to respond to any reasonable counter offers during the First Look Period. Upon acceptance of an offer from the Buyer through the Stabilization Trust, Seller will sign the Stabilization Trust's standard form of purchase contract and provide reasonable assistance to move diligently to closing [within 15 to 30 days]. It is anticipated that the acceptance of any offer made by the Buyer through the Stabilization Trust will be to purchase the property on an all cash basis. Assuming the Buyer confirms its interest in the property and meets the timelines associated with property inspection and response to offers, the Seller will hold the property off the market and will not offer for sale the property through any other sales channel. As the Seller's Offer Price (as outlined above) will be less than the Seller's Estimate of Fair Market Value, Seller will explicitly represent that the Seller's Offer Price is consistent with the provisions of the HUD NSP Property Acquisition Guidelines (although the Buyer will need to determine if the level of price adjustment is compliant with the guidelines for their local program). If the Buyer's response to the Seller's Offer Price (as outlined above) is a counter offer, the Buyer will provide detailed information on the rationale of such counter offer, which may include: (1) the information associated with due diligence performed by the Buyer -for example, the Buyer's property inspection may have identified a structural issue with the property (e.g. fault with foundation, etc.) that may have been overlooked by the Seller's property inspection, and (2) any material differences in the property's value relative to comparables identified by a third-party valuation commissioned by the Buyer. Page 8 of 11 National Community Stabilization Trust REO Acquisition Program -Targeted Bulk Purchase Program Objective and Overview of the The Targeted Bulk Purchase Program seeks to facilitate the sale of Targeted Bulk Purchase significant numbers of REO properties in targeted areas that are Program currently for sale but have remained on the market for an extended period or are otherwise distressed. Targeted Bulk transactions offer the Buyers the benefit of reduced sales-associated costs as compared with traditional market sales on a one-off basis. Under the Targeted Bulk Purchase Program, Sellers will offer for sale to Buyers, via the Stabilization Trust eligible properties within the identified geographical area meeting the criteria provided by the Buyers through the Stabilization Trust. The Seller will provide the Buyer (a) physical access to the property for inspection, and (b) the offer of a sale price for the property, which the Buyer will promptly accept, decline or counter. Additionally, the three parties (the Seller, the Buyer, and the Stabilization Trust) will, prior to consummating transactions on individual properties within a specific market /target area, establish a common understanding of the local property market(s). Procedures by Stabilization (same as First Look Program in Appendix I of the Acquisition Program Trust and its Stabilization Guidelines) Trust Sponsors Prior to Offer from Sellers under Targeted Bulk Purchase Program Procedures for Seller Offering The Seller will provide current listing of available properties within of REO Properties and Buyer [*] days of request from the Buyer via the Stabilization Trust. Responding to Offer This will include addresses, available inspection dates and other available upfront property information. The Buyer will indicate which of these properties they will move forward with for inspection within [1-2 business days] of having received the current listing of available properties. The Seller will grant access to the properties for inspection by the Buyer in accordance with standard offering procedures for a period of [5] business days. This access will typically be provided by the Seller's agents. The Buyer will confirm which properties they would like to receive an offer for from the Seller by the end of the property inspection period. The Buyer will be responsible for any preliminary property reviews including formal or informal inspections during this property inspection period. Buyer will be responsible for their own determination of property values. This should be completed in anticipation of the Seller's first offer. In establishing its offer price ("Offer Price") to the Buyer through the Stabilization Trust, the Seller will provide the following Page 9 of 11 information: I. Seller's Estimate of Fair Market Value of the Property as of the date of the offering. Seller will provide its Estimated Fair Market Value, the methodology used to derive the estimate (i.e., BPO, full appraisal, AVM, etc.), and the date of the last update to said estimate. II. Seller's Offer Price for the Property as of the date of the offering. The Stabilization Trust anticipates that the Offer Price will represent an adjustment to the price that incorporates several factors. The first factor is the savings associated with using this transaction type instead of a continued market listing including: (1) reduced sales and marketing costs (if any), (2) avoided property rehabilitation and maintenance costs, (3) avoided taxes and insurance expenses, and (4) any other one-time and holding costs avoided. The second factor is the benefit of an expeditious sale in the specific local market (which depending on the local market conditions may be a volatile and declining market with indeterminate holding periods). The third factor is the impact on net present value of receiving cash payments earlier than an expected sale through traditional means. III. Buyer understands that some calculations outlined above may be proprietary and that the Seller may not be able to disclose all adjustments to the Offer Price in an explicit manner. The Seller will, at a minimum, indicate: (1) the Estimated Fair Market Value, (2) the total of any adjustments made to the sales price (and explicitly outline which adjustments were and were not included), (3) the estimated holding time had a traditional market listing been utilized, and (4) the corresponding Total Adjusted Sales Price. Upon receipt of an offer from the Seller, the Buyer, through the Stabilization Trust, will promptly respond [same day or next business day] with an acceptance, counter offer, or declination. Seller will make a best effort to respond to any reasonable counter offers. Upon acceptance of an offer from the Buyer through the Stabilization Trust, Seller will sign the Stabilization Trust's standard form of purchase contract and provide reasonable assistance to move diligently to closing [within 15 to 30 days]. It is anticipated that the acceptance of any offer made by the Buyer through the Stabilization Trust will be to purchase the properties on an all cash basis. The Seller will typically not be able to hold the property off the market until after confirming the receipt of an accepted offer from the Buyer. As the Seller's Offer Price (as outlined above) will be less than the Seller's Estimate of Fair Market Value, Seller will explicitly represent that the Seller's Offer Price is consistent with the provisions of the HUD NSP Page 10 of 11 Property Acquisition Guidelines (although Buyer will need to determine if the level of price adjustment is compliant with the guidelines for their local program). If the Buyer's response to the Seller's Offer Price (as outlined above) is a counter offer, Buyer will provide detailed information on the rationale of such counter offer, which may include: (1) the information associated with due diligence performed by the Buyer -for example, the Buyer's property inspection may have identified a structural issue with the property (e.g. fault with foundation, etc.) that may have been overlooked by the Seller's property inspection, and (2) any material differences in the property's value relative to comparables identified by a third-party valuation commissioned by the Buyer. 019089/280001/1043824_4 Page 11 of 11 From: Roberts, Nigel Sent: Friday, March 12, 2010 11:05 AM To: Quinlan, Donna Subject: FW: National Community Stabilization Trust (NCST) From: Pyburn, Terrill Sent: Tuesday, March 09, 2010 10:57 AM To: Roberts, Nigel Subject: FW: National Community Stabilization Trust (NCST) Nigel, Here is the email from Mr. Schorr. Please print the message below and attach it when you put the item on the muniagenda for next week's meeting. Thanks. Terrill Pyburn, Assistant City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 (561) 243-7090 From: Brian Schorr [mailto:bschorr@stabilizationtrust.com] Sent: Tuesday, March 09, 2010 10:43 AM To: Pyburn, Terrill Cc: Racquet Reddie Subject: National Community Stabilization Trust (NCST) Terrill It was a pleasure speaking with you this morning. As we discussed at this time NCST does not charge the City of Delray Beach for services provided. This may change in the future, and any charges would have to be approved by you prior to being charged. The Agreements are non-binding and non-exclusive. In other words you are not required to purchase any properties through the Trust, and you can purchase properties from sources other than the Trust. Please let me know if you have any other questions. Best Regards, Brian D. Schorr Transaction Desk Relationship Manager National Community Stabilization Trust 100 N. Central Expressway Dallas, TX 75201 214-710-3404 (direct) 216-233-0927 (cell) MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 11, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 AMENDMENT TO THE NEIGHBORHOOD STABILIZATION PROGRAM APPLICATION/BOUNDARY AREAS ITEM BEFORE COMMISSION Request approval to amend the Neighborhood Stabilization Program (NSP) boundary area to add Census Tract 66.05 in the City of Delray Beach. BACKGROUND On March 26, 2009, the City Commission approved the application for NSP funding through Florida Department of Community Affairs (DCA) for $1,905,005 to acquire, rehab and dispose of bank owned foreclosures. The City and CRA entered into an Interlocal Agreement for$400,000 of CRA funds to acquire, rehab and dispose of bank owned foreclosures located within the CRA District. The Neighborhood Services Division has identified several viable properties for this program. The City of Delray Beach has now been approved to receive$1,905,005.00 through the Neighborhood Stabilization Program. To prevent the recapture of State dollars and to obligate funds prior to the September 2010 deadline, the Neighborhood Services Division requests the following temporary amendment: the addition of Census Tract 66.05 to the NSP target area. The purpose of the Neighborhood Stabilization Program is to improve the condition of Delray Beach's neighborhoods which are presently in jeopardy of decline due to rising foreclosures. The program is designed to address foreclosed properties within Delray Beach's Area of Greatest Need. Several foreclosed properties and large increases in homes for sale have been specifically identified in census tract 66.05. RECOMMENDATION Staff recommends City Commission approval of the amendment to the Neighborhood Stabilization Program plan to add Census Tract 66.05 into the NSP target area for the purpose of acquiring foreclosed properties. STATE OF FLORIDA NEIGHBORHOOD STABILIZATION PROGRAM APPLICATION DUE DATE APRIL 6, 2009 NAME OF APPLICANT: CITY OF DELRAY BEACH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CDBG NEIGHBORHOOD STABILIZATION PROGRAM 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 850/487-3644 FAX 850/922-5609 I. APPLICANT INFORMATION Applicant Jurisdiction(s) to Be Served Cit of Delra Beach Cit of Delra Beach Local Contact Title Elizabeth Al ert Nei hborhood Services Administrator Phone Number FAX (561)243-7282 (561)243-7221 Mailing Address City Zip Code 100 NW 1st Avenue Delra Beach 33444 E-mail Address Al ert ci.delra -beach.fl.us Chief Elected Official Title Woodie McDuffie Ma or Chief Elected Official's Address (if different) APPLICATION PREPARER INFORMATION Agency or Firm N/A Address Phone Number Contact Title E-Mail Address OTHER INFORMATION Are the jurisdictions to be served covered by the National Flood Insurance Program? Yes No Will you be working with a HUD direct funded grantee? Yes No U.S. Congressional District Florida Senate Florida House 19 Districts 25, 29, 30 Districts 86, 87 HISTORIC PRESERVATION -Applicants should consider the questions listed below as units are selected for purchase, rehabilitation, demolition and clearance. Contact the State Historic Preservation Office (SHPO) as soon as ossible for uidance if there is a otential historic reservation issue. Will any activities result in direct physical changes to a structure older than 50 years, such as Yes No demolition, rehabilitation, restoration, remodelin ,renovation, ex ansion, or relocation? Will any related activities result in direct physical changes to public improvements older than 50 Yes No ears, such as stone curbs or brick streets? Will any related activities result in direct physical changes to a planned open space older than 50 Yes No ears? Will any project activities occur within 100 feet of a structure, public improvement, or planned Yes No o en s ace older than 50 ears? Will an activities occur in a Historic District listed on the National Re ister? Yes No Properties that are listed, or eligible for listing, in the National Register of Historic Places must meet the specifications reflected in the Secretary of the Interior's Standards or Rehabilitation Cruidelines for Rehabilitating Historic Buildin s. II. NEIGHBORHOOD STABILIZATION PLAN NARRATIVE DESCRIPTION Delray Beach is known worldwide as a first-class resort town; located in southern Palm Beach County, directly on the Atlantic Ocean. The City offers the visitor a full range of amenities and, of course, the incomparable beauty of nearly two miles of well-groomed, easily accessible beach. Our local economic development efforts are centered on identifying companies that fulfill the needs of the residents of Delray Beach to create new jobs and/or can be supported by the many visitors that come to our city. The growth that Delray Beach has experienced has been due to a wide variety of factors, including its attractive downtown and beautiful beach. It has a look and feel that is hard to duplicate and has helped the city earn a reputation as the "place to live, work, and play." However, within recent months, noticeable deterioration of some of Delray Beach's neighborhoods has been brought to light. Areas which the City, CRA and countless residents have worked so hard to revitalize and stabilize are suddenly in jeopardy of decline due to the foreclosure and economic crisis. Residential neighborhoods throughout the City have been ranked as having high risk for abandonment and foreclosure. It is for this reason the City of Delray Beach respectfully submits this application for Neighborhood Stabilization Program funding, and has identified an NSP Area of Greatest Need to focus these efforts. The identified NSP Area of Greatest Need is comprised of nine census tracts, four of which make up the City's designated CDBG target area. All CDBG activities undertaken utilizing the City's entitlement funds, take place within the census tracts 65.02, 67, 68.01 and 68.02. 2000 Census income data reveals these census tracts are the areas of lowest per capita income, lowest median household income and lowest family income in the City. The majority of housing units located within these census tracts are single-family residences. 2000 Census data also indicates Census tracts 65.02, 67, 68.02 and 68.02 have the highest concentration of minority populations. Overall, Delray Beach's minority population makes up 34% of the City's entire population, with the CDBG target area having a minority population of 89%. During the last six months, the City's Neighborhood Planner has been highly engaged in meetings with neighborhood organizations within the NSP Area of Greatest Need. At a meeting with the Atlantic Park Gardens Home Owners Association (HOA), census tract 68.02, in November 2008, the Neighborhood Planner took note of an unusually high number of resident complaints pertaining to increased nuisances, observations of squatters and vagrants and an increase in neighborhood crime associated with the vacant units. As a result of these complaints, the City conducted a windshield survey of the NW and SW neighborhoods (67, 68.02 and 68.02), documenting 49 vacant or abandoned units. In addition, HOA meetings with the Osceola Park neighborhood (65.02) and a subsequent wind shield survey yielded similar results. According the data obtained on www.hud.gov, vacancy rates in the NSP Area of Greatest Need are projected to be currently in the range of 4% to 9.3%. However, as a result of local surveys in addition to heightened code enforcement in the area of nuisance abatement, these numbers are believed to be significantly higher. As noted by this data as well as the personal interaction of the City's Neighborhood Planner with residents and neighborhood organizations, abandoned and foreclosed units are affecting the quality of life in Delray Beach neighborhoods. The high number of foreclosed and abandoned units located within the CDBG Target Area is believed to be as a result of predatory lending practices. Predatory lending, most recently in the area of re-financing, ultimately strips borrowers of home equity, ruins their credit records, and increases the likelihood of foreclosure. HUD Data sets reveal that Census Tracts 65.01, 65.02, 69.03, 69.07, and 69.08 are currently experiencing the City's highest risk of abandonment due to pending foreclosures. Home prices in these areas have declined 16.3% from 2007 to 2008. It is assumed, based on national studies and the local statistics mentioned above, that differential treatment in the selling, and in re-financing property is prevalent among minority households in Delray Beach, thus creating a higher concentration of foreclosed and abandoned homes in these areas specifically. 3 Increasing rates of foreclosure and abandonment in the High Point neighborhood (69.03) and other townhouse and condominium communities (69.07) is believed to be for dissimilar reasons. Being 55+ condominium and town homes communities with a high percentage of seasonal residents, these neighborhoods are experiencing abandonment and foreclosure as a result of the recent economic downturn. Moderate income households whose primary residence is not within the State of Florida, who may have owned second homes within these areas, are losing those properties to foreclosure. Neighborhood association fees are being raised and spread amongst year-round residents who can not meet the rising assessments. As a result, foreclosure among seasonal and non-seasonal residents is becoming more and more prevalent. Vacancies in this area are as high as 8.9%, with abandonment risk scores of 9 out of 10. In the NE neighborhood (65.01) abandonment and foreclosure is seemingly a result of entirely different factors. During the housing boom of 2003-2006, the NE neighborhood was targeted by real estate speculators and investors as having great potential for windfall profits. This may be due in part to the $6 million dollar investment made to improve the area, which was split equally between the City, CRA and residents under an assessment district. Under this initiative, the City successfully eliminated problems associated with small lot duplex and multi-family development, reduced the negative impacts associated with through and non- residential vehicular traffic on local residential streets, and improved the physical appearance of the neighborhood through enhanced police activity, code enforcement and beautification. Improvements included new streetscapes such as lighting, trees, sidewalks, traffic calming measures, improved swales, and new drainage. In addition, the CRA offered assistance programs designed to make grants available to owners interested in converting duplexes into single family homes. The boost in the area's overall appeal caused investors to purchase much of the housing stock within the area. It is believed that investors purchased units in the area with sub-prime loans and subsequently lost the units to foreclosure. As a result, a once up-and- coming, revitalized neighborhood is now at risk of falling into decline once again. Delray Beach has an opportunity to improve conditions in these areas with Neighborhood Stabilization funding. On December 19, 2008, staff met with local non-profits and the Delray Beach Housing Authority to discuss the parameters of the NSP program and obtain feedback on strategies and activities. During this meeting it was decided that demolition and land banking were not strategies that the City would pursue. It does not appear, based on the City's research and wind shield surveys, that there is a significant quantity of available bank owned/foreclosed vacant land. In addition, it does not appear, based on the City's research and wind shield surveys, that there is a significant quantity of bank owned/foreclosed units in need of demolition. Among the identified housing stock of abandoned/foreclosed units, the majority appear to have sound structures and to be in generally standard condition. On February 4, 2009, staff held a public meeting to obtain input and comments on the NSP program and application from the public at large, this meeting was advertised in the Boca/Delray News. This meeting was highly attended by residents and non-profit partners. Based on resident feedback during this meeting, the City developed two strategies designed to relieve issues associated with occupying currently vacant properties. On March 16, 2009 at 6:00 PM, staff held a Public Hearing in conjunction with the regular meeting of the Neighborhood Advisory Council (NAC), which was also advertised. The Neighborhood Advisory Council (NAC) serves as the Citizens Advisory Task Force (CATF) for the purposes of the NSP Program. City staff presented these two strategies to the NAC who unanimously recommended to City Commission to proceed with the NSP application. NSP Strategy 1: Housing Acquisition/Rehabilitation of Homes for Sale to Households with Incomes Less than 120% of Area Median Income (AMI) Overall Description: The purpose of this strategy is to stabilize the Delray Beach's areas of greatest need by providing a means for the acquisition, rehabilitation, and resale of residential units which are presently vacant and bank owned (REO). The City will work with banks to acquire residential units that have been foreclosed 4 and abandoned within the designated NSP Area of Greatest Need. Units will be sold to households whose income does not exceed 120% of AMI. Detailed Process: Under this strategy the City will contract with a real estate professional to identify available REO units within the designated Area of Greatest Need. Upon identifying viable units, the City will contract with a qualified housing rehabilitation inspector to conduct an initial assessment of identified units (Phase 1 Inspection). Based on the phase 1 inspection and listed sales price of the unit, the real estate professional, in partnership with the Program Administrator will assess the purchase and resale feasibility of each unit. Feasibility assessments will include an evaluation of the whether the unit can be acquired, rehabilitated and sold within the NSP budget set forth. In addition, the Program Administrator and real estate professional will assess the re-sale appeal of the house and whether or not the unit can be sold at an affordable sales price. Upon purchasing a unit, the qualified housing rehab inspector will complete a detailed work write-up (Phase 2 Inspection) for work to be completed as part of the housing rehab project. The City's Neighborhood Services Division staff will administer the bid process and award a contract to the lowest, most responsive bidder for the project. In the case of the Atlantic High School Construction Academy or Habitat for Humanity, the City will potentially award projects(s) to be rehabilitated at reduced rates, at the cost of materials or in-kind etc. The City's in-house Housing Rehabilitation Inspector will oversee the work for all units being rehabilitated. Upon completion of the housing rehabilitation project, the City will list all properties on its website, www.MyDelrayBeach.com. Prior to disposing of any housing units, the City will also advertise the availability of units and available subsidy in the Boca/Delray News. Local non-profit partners will conduct the income-qualification process (ensuring all buyers are LMMH) and submit all income-qualified candidates to the City Neighborhood Services staff for review. Upon review of the income-qualified applicants, the units will be sold on a first come, first ready, first served basis. A minimum of eight (8) units are expected to be completed under this process (at least two (2) 51-80% AMI and up to six (6) 81%-120% AMI). Based on discussions with local non-profit partners, these groups were identified as having the financial profile (credit scores and income eligibility) of applicant files currently in the homebuyer pipeline with local agencies. NSP Strategy 5: Housing Acquisition/Rehabilitation of Homes for Lease to Households with Incomes Less than 50% of AMI Overall Description: The purpose of this strategy is to turn foreclosed residential properties into decent, safe, affordable rental housing for households at or below 50% of AMI. The City proposes to acquire and rehabilitate single family housing units within the designated NSP area of greatest need. Units will be donated to anon-profit or governmental agency for the purpose of renting units to households whose income does not exceed 50% of AMI. Detailed Process: Under this strategy the City will contract with a real estate professional to identify available REO units within the designated Area of Greatest Need. Upon identifying viable units, the City will contract with a qualified housing rehabilitation inspector to conduct an initial assessment of identified units (Phase 1 Inspection). Based on the phase 1 inspection and listed sales price of the unit, the real estate professional, in partnership with the Program Administrator will assess the purchase and resale feasibility of each unit. Feasibility assessments will include an evaluation of the whether the unit can be acquired, rehabilitated and sold within the NSP budget set forth. In addition, the Program Administrator and real estate professional will assess the re-sale appeal of the house and whether or not the unit can be sold at an affordable sales price. Upon purchasing a unit, the qualified housing rehab inspector will complete a detailed work write-up (Phase 2 Inspection) for work to be completed as part of the housing rehab project. The City's Neighborhood Services Division staff will administer the bid process and award a contract to the lowest, most responsive bidder for the project. In the case of the Atlantic High School Construction Academy or Habitat for Humanity, the City will potentially award projects(s) to be rehabilitated at reduced rates, at the cost of materials or in-kind etc. The City's in-house Housing Rehabilitation Inspector will oversee the work for all units being rehabilitated. Upon completion of the housing rehabilitation project, properties acquired and rehabilitated for the purpose of rental housing under the NSP Program shall be donated to an eligible non-profit organization or governmental agency. A non-profit organization shall be selected via the City's Request for Proposal (RFP) process and must meet the following selection criteria: ^ Governmental Agency whose purpose is to further affordable rental housing or designated 501(c)(3) non-profit organization under IRS guidelines whose purpose is to further affordable rental housing; ^ Legally operating within the jurisdiction of the City of Delray Beach; ^ Has demonstrated track record and at least five (5) years experience in the management of affordable rental housing. The City has a long history of working collaboratively and in partnership with local non-profit agencies and community development corporations. Non-profit partners include the Delray Beach Community Development Cooperation, Habitat for Humanities of South Palm Beach County, Delray Beach Community Land Trust and the Delray Beach Housing Authority who established their non-profit arm in 2003. The City and CRA worked for 10 years under a collaborative agreement with the local non-profit groups entitled the "Delray Beach Renaissance" to facilitate and achieve the affordable housing goals established by the City Commission. In fact, between 1996 and 2004, we constructed over 172 new affordable homes within the established CDBG target area. The Renaissance partnership received multiple awards and has been recognized as a "best practice" by others. Upon selection of non-profit partner, the City will donate NSP rental properties with a covenant on the land and unit, requiring that it be maintained as an affordable rental unit for tenants at or below 50% of AMI for a period of twenty (20) years. Units will be rented for rates defined as the Fair Market Rents (FMR) as published annually by HUD. Individuals or households who wish to occupy NSP Rental Units must apply directly to the designated non- profit partner. The City will designate staff to monitor the project on an annual basis to ensure continued affordability, ownership and maintenance of the property during the 20 year term. The City's designated Administrator will oversee all activities carried out by the non-profit partners to ensure compliance to grant conditions. 6 III. NSP STRATEGIES NSP STRATEGY 1: HOUSING ACQUISITION/REHABILITATION OF HOMES FOR SALE TO INDIVIDUALS AND FAMILIES WITH INCOMES LESS THAN 120 PERCENT OF AMI Description: The purpose of this NSP strategy is to stabilize neighborhoods of greatest need by providing a means for the acquisition, rehabilitation, renovation, and subsequent provision of homes and other foreclosed or abandoned residential properties to individuals and families whose income does not exceed 120 percent of the area median income. NSP sub-grantees will be required to work with lenders to acquire homes that have been foreclosed within the areas designated as having the greatest need. Indicate which activities you plan to undertake with NSP and/or other funding: _x_24 CFR 570.201(a) Acquisition _x_24 CFR 570.201 (b) Disposition 24 CFT 570.201(e) Public Services for housing counseling 24 CFR 570.201(1) Relocation _x_24 CFR 570.201(n) Homeownership Assistance _x_24 CFR 570.202(a) Rehabilitation Total NSP Budget for NSP Strategy: $1,351,043 Other Funds to Be Committed for NSP Strategy: $400,000 (These funds are expected, however not guaranteed) NSP Target Area and Justification: Upon reviewing data sets obtained on www.hud.gov, it became apparent that areas presently at risk of increased abandonment and foreclosure encompass much of the jurisdiction. Specific areas have been identified as having the greater risk of decline for a variety of reasons and contributing factors. In the NW and SW neighborhood it is believed to be due in part to predatory lending practices. In the NE neighborhood, it is believed that speculators and investors contributed to the problem. In senior communities, it is believed that the recent economic downturn has greatly affected the seasonal residents of Delray Beach. It is important to note that the NSP Area of Greatest Need encompasses the CDBG target area as well as a large portion of the CRA District. The City, CRA, Delray Beach Community Land Trust (CLT), Housing Authority and Delray Beach Community Development Corporation (CDC) have concentrated efforts in these areas over the past 15 years. More than 400 housing units in this area have been subsidized for either new construction or rehabilitation of owner occupied units through CDBG, SHIP and the CRA in an effort to provide safe, decent affordable housing to Delray Beach residents. As part of the their commitment to continually improving this area, the CRA has agreed to commit up to $400,000 in additional funding to further NSP objectives. The NSP Area of Greatest Need encompasses the City's SW Neighborhood (68.01, 68.02). The Southwest Area Neighborhood Redevelopment Plan was initiated as part of an on-going effort by community leaders and the City of Delray Beach to revitalize the City's neighborhoods and commercial districts and is heavily supported by the CRA (committing an additional $10 million to meet the objectives of the plan over the next 5 years). The plan seeks to identify core strengths and assets that will move the Southwest neighborhoods towards stability and stimulate private sector investment in the area. The plan links housing development and economic development efforts to create positive synergy and take advantage of current development opportunities centered on the West Atlantic Avenue business district. The City arrived at its budget based on preliminary data on available housing stock believed to be in the process of foreclosure or that are currently bank owned, as well as the City's experience with housing rehabilitation activities. The City has experienced staff as an entitlement City (since 1986) under CDBG as well as in administering SHIP HHR and DRI funds. Tenured staff ranging from 3-21 years experience, documents the City's ability to delivery 7 programs on the magnitude of NSP. This same staff has had experience in building two (2) affordable housing sub- divisions, 1 built in 1996 and the other in 2002. The NSP program requires that funds be used to address foreclosure and abandonment in the areas of greatest need. Determinant factors used in assessing areas of greatest need were: ^ Highest percentage of homes financed by sub-prime mortgage related loans ^ Identified as having the greatest risk for rising rate of home foreclosures /risk of abandonment ^ Vacancy rates, as determined by the United States Postal Service The City used HUD Local Level Data to determine its area of greatest need. The following table is based on data derived from www.hud.gov. The data has been extrapolated to capture only the areas of greatest need and the data from which this determination was based. It is important to note that all of the census tracts included have an abandonment risk score of 9 or 10. City of Delray Beach NSP Areas of Greatest Need LISPS Block Tract Area Description Risk HMDI Vacancy Group Score Rate NW Section Lake Ida Road to Atlantic Ave. 0067.00 1,2 from C.S.X. Railroad to Swinton Ave. 10 44.30% 4.70% South Section SW 10th Street to Linton from 0068.01 1,2,3 C.S.X. Railroad to F.E.C. Railroad 10 47.70% 3.90% SW Section Atlantic Avenue to SW 10th 0068.02 1,2,3 Street from SW 8th Avenue to Swinton Ave. 10 52.10% 4.30% Gulfstream Blvd/George Bush Blvd from Seacrest Blvd. to US Hwy 1 0065.01 1,2 &Geor e Bush Blvd. to /SE 4th Street 9 25.30% 4.90% 0065.02 1 Geor e Bush Blvd to NE 4~' Street from 9 NE 4th Street to NE 2nd Street from 0065.02 2 Swinton Avenue to SE 6th Avenue 9 NE 2nd Street to SE 2nd Street from 0065.02 3 Swinton Avenue to SE 6th Avenue 9 21.90% 9.30% Canal L-30 to Canal L-32 from 0066.04 1, 2 South Milita Trail to Canal L-31 9 44.00% 2.8% Canal L-32 to Atlantic Avenue from 0069.03 1 Hi h Point Blvd to C.S.X. Railroad 9 Canal L-32 to Atlantic Avenue from 0069.03 2 Hi h Point Blvd 9 High Point Blvd West to Atlantic Avenue 0069.03 3 from Barwick Road to Hi h Point Blvd South 9 Canal L-32 to South Drive from 0069.03 4 Barwick Road to Hi h Point Drive West 9 25.80% 6.00% Atlantic Avenue to Lowson Blvd from 0069.07 1 Homewood Blvd to C.S.X. Railroad 9 Atlantic Avenue to Lowson Blvd from 0069.07 2 Milita Trail to Homewood Blvd. 9 21.20% 5.40% Lowson Blvd to Canal L-36 from 0069.08 1 Canal E-4 t C.S.X. Railroad 9 Lowson Blvd to Canal L-36 from 0069.08 2 Homewood Blvd to Canal E-4 9 Lowson Blvd to Canal L-36 from 0069.08 3 Dover Road to Homewood Blvd 9 Lowson Blvd to Canal L-36 from 0069.08 4 Milita Trail to Dover Road 9 25.20% 8.90% NSP Target Area (city, City of Delray Beach -NSP Area of Greatest Need (refer to chart on page 5). neighborhood, etc.) Justification (estimated City of Delray Beach -NSP Area of Greatest Need (refer to chart on page 5). number of foreclosures, etc.): Potential Nonprofit or For- Delray Beach Community Development Corporation, Delray Beach Community Land profit Sub-recipients Trust, South Palm Beach County Habitat for Humanity, Atlantic High School (including property Construction Academy mana ement com anies Potential Lending Partners Bank Atlantic, IBM Credit Union, SunTrust and Fifth Third Bank, National City, (if known): HSBC, Northern Trust, Riverside Bank, and Am Trust Potential Counseling Urban League of Palm Beach County A encies (if known Timeline: Please provide a tentative timeline for the following steps: Activity Tentative Start Dates Identification of units for acquisition April 15, 2009 Appraisal of units June 1, 2009 Negotiation of price at closing June 1, 2009 Rehabilitation of units (if needed June 1, 2009 Solicitation and qualification of buyers October 1, 2009 Closing October 1, 2009 Performance Measures: All activities funded with State NSP funds must meet one or more of the following performance measures: Enter estimated number of units that will benefit each income level: 50%AMI and below 51-80% AMI 81-120% AMI estimated units of housin to be ac uired 0 2 6 estimated units of housin to be rehabilitated 0 2 6 estimated units of housin to be demolished 0 0 0 estimated units of housin to be sold 0 2 6 estimated arcel(s to be ac uired 0 0 0 Unmet Need: Please describe any unmet need that you wish to be taken into consideration should recaptured funds from another grantee or program income be made available. NSP Strategy Approximate $ Amount Needed The City would benefit greatly from a revolving fund that would allow the City to $500,000 continually reinvest recaptured funds back into the NSP program in order to serve more LLMH households. 10 NSP STRATEGY 2: HOUSING FINANCE Description: The purpose of this NSP strategy is to improve access to mortgage capital on flexible terms, maintain occupancy of foreclosed homes, facilitate property renovation, and help individuals and families access responsible credit and financing to promote homeownership by promoting long-term affordability. Indicate which activities you plan to undertake with NSP and/or other funding: 24 CFR 570.206(g) Administrative expenses to facilitate housing 24 CFR 570.201(n) Homeownership Assistance Total NSP Budget for NSP strategy: $ Other Funds to Be Committed for NSP Strategy: NSP Target Area and Justification: Include as much detail as you can about the NSP target area(s) and provide justification of need (estimated number of foreclosed homes, vacant homes, etc.). NSP Target Area (city, neighborhood, etc.) Justification (estimated number of foreclosures, etc.): Potential Nonprofit or For- profit Subrecipients (including property management companies): Potential Lending Partners (if known): 11 Potential Counseling Agencies (if known): Timeline: Please provide a tentative timeline for the following steps: ~ Activity ~ Tentative Start Dates ~ Identification of units for acquisition Appraisal of units Negotiation of price at closing Rehabilitation of units (if needed) Solicitation and qualification of buyers Closing Performance Measures: All activities funded with State NSP funds must meet one or more of the following performance measures: Enter estimated number of units that will benefit each income level: # benefit- 51-80% 81-120% ing 50% AMI AMI AMI and below estimated number of households to receive homeownershi assistance Unmet Need: Please describe any unmet need that you wish to be taken into consideration should recaptured funds from another grantee or program income be made available. NSP Strategy Approximate $ Amount Needed 12 NSP STRATEGY 3: ESTABLISHING LAND BANKS Description: The purpose of this NSP strategy is to bring abandoned property back into productive use, generating tax revenue, raising property values and creating community amenities such as affordable housing and green space. For the purposes of the NSP program, a land bank will operate in a specific, defined geographic area and will purchase properties that have been abandoned or foreclosed upon and will maintain, assemble, facilitate redevelopment of, market, and dispose of the land-banked properties. Indicate which activities you plan to undertake with NSP and/or other funding: 24 CFR 570.201(a) Acquisition 24 CFR 570.201 (b) Disposition Total NSP Budget for NSP Strategy Other Funds to Be Committed for NSP Strategy: $ The Department will limit the overall percentage of regular funding (excluded the funds set aside for rental housing for households at or below 50 percent AMI) that can be used for land banking to 10 percent. NSP Target Area and Justification: Include as much detail as you can about the NSP target area(s) and provide justification of need (estimated number of foreclosed homes, vacant homes, etc.). NSP Target Area (city, neighborhood, etc.) Justification (estimated number of foreclosures, etc.). Aland bank disposition plan must be provided if you intend to spend NSP funds on land banking. Potential Nonprofit or For- profit Subrecipients (including property management companies): 13 Timeline: Please provide a tentative timeline for the following steps: Activity Tentative Start Dates Identification of parcels for acquisition If acquired parcels have vacant units that will be demolished, indicate tentative date or demolition Appraisal of parcel Negotiation of price at closing Closing Performance Measures: All activities funded with State NSP funds must meet one or more of the following performance measures: estimated number of arcels: estimated units of housin or other ro erties to be demolished estimated arcel(s to be ac uired Unmet Need: Please describe any unmet need that you wish to be taken into consideration should recaptured funds from another grantee or program income be made available. NSP Strategy Approximate $ Amount Needed 14 NSP STRATEGY 4: DEMOLITION AND CLEARANCE/ HOUSING REDEVELOPMENT Description: The purpose of this NSP strategy is to turn vacant or blighted properties into productive use that will help stabilize a neighborhood which has been negatively impacted by foreclosures. Indicate which activities you plan to undertake with NSP and/or other funding: 24 CFR 570.201(a) Acquisition 24 CFR 570.201 (b) Disposition 24 CFR 570.201(d) Clearance and Remediation (including housing replacement or new construction) 24 CFR 570.201(n) Homeownership Assistance 24 CFR 570.201(0) Counseling Total NSP Budget for NSP Strategy: $ Funds for this activity cannot exceed five percent of the regular allocation (excluding the set-aside for rental housing). Other Funds to Be Committed for NSP Strategy: $ NSP Target Area and Justification: Include as much detail as you can about the NSP target area(s) and provide justification of need (estimated number of foreclosed homes, vacant homes, etc.). NSP Target Area (city, neighborhood, etc.) Justification (estimated number of foreclosures, etc.): Potential Nonprofit or For- profit Subrecipients (including property management companies): 15 Potential Lending Partners (if known): Potential Counseling Agencies (if known): Timeline: Please provide a tentative timeline for the following steps: ~ Activity ~ Tentative Start Dates ~ Identification of units for acquisition Appraisal of units If acquired units will be demolished, indicate tentative date for demolition If new construction will occur indicate tentative date for completion Negotiation of price at closing Closing Performance Measures: All activities funded with State NSP funds must meet one or more of the following performance measures: Enter the estimated number of units for each income level: # benefit- ing 50% AMI and below 51-80% AMI 81-120% AMI estimated units of housin to be ac uired estimated units of housin to be rehabilitated estimated units of housin to be demolished estimated units of housin to be sold estimated units of housin to be rented estimated arcel(s to be ac uired Unmet Need: Please describe any unmet need that you wish to be taken into consideration should recaptured funds from another grantee or program income be made available. NSP Strategy Approximate $ Amount Needed 16 NSP STRATEGY 5: HOUSING ACQUISITION/REHABILITATION OF HOMES FOR LEASE TO INDIVIDUALS AND FAMILIES WITH INCOMES LESS THAN 120 PERCENT OF AMI. FUNDS FOR THIS NSP STRATEGY MUST INCLUDE ALL OF THE SUPPLEMENTAL FUNDING, BUT MAY ALSO INCLUDE THE REGULAR STATE ALLOCATION. Description: The purpose of this NSP strategy is to tum foreclosed or abandoned properties into decent, safe and affordable housing for low, moderate and middle income individuals and families. This form must reflect the 25 percent set-aside for rental housing for households at or below 50 percent of AMI as well as for rental housing funded from the regular allocation that meets the income requirement. Indicate which activities you plan to undertake with NSP and/or other funding: x_24 CFR 570.201(a) Acquisition x_24 CFR 570.202(a) Rehabilitation x_24 CFR 570.201 (b) Disposition 24 CFR 570.201(1) Relocation Total NSP Budget for NSP Strategy: $553,962 Total NSP Budget for activities that will benefit persons at or below 50 percent of AMI: $553,962 Other Funds to Be Committed for NSP Strategy: $0 NSP Target Area and Justification: Upon reviewing data sets obtained on www.hud.gov, it became apparent that areas presently at risk of increased abandonment and foreclosure encompass much of the jurisdiction. Specific areas have been identified as having the greater risk of decline for a variety of reasons and contributing factors. In the NW and SW neighborhood it is believed to be due in part to predatory lending practices. In the NE neighborhood, it is believed that speculators and investors contributed to the problem. In senior communities, it is believed that the recent economic downturn has greatly affected the seasonal residents of Delray Beach. When the City conducted its most recent Analysis of Impediments to Fair Housing Choice (AI) in early 2009, it was noted that there is a lack of adequate affordable rental choices to support low income renters as evidenced by the Delray Beach Housing Authority's waiting list. There are 600 families presently on the City of Delray Beach Housing Choice Voucher waiting list. The list is closed and remains closed to new applications until it decreases to fewer than 200 families. Families generally wait for four to five years before they receive housing assistance. Recent demolition of the Carver Estates housing complex has removed affordable housing units for extremely low income households. The City will pursue NSP strategy 5 in an effort to provide additional rental units to low income households. The NSP program requires that funds be used to address foreclosure and abandonment in the areas of greatest need. Determinant factors used in assessing areas of greatest need were: ^ Highest percentage of homes financed by sub-prime mortgage related loans ^ Identified as having the greatest risk for rising rate of home foreclosures /risk of abandonment ^ Vacancy rates, as determined by the United States Postal Service The City used HUD Local Level Data to determine its area of greatest need. The following table is based on data derived from www.hud.gov. The data has been extrapolated to capture only the areas of greatest need and the data from which this determination was based. It is important to note that all of the census tracts included have an abandonment risk score of 9 or 10. 17 LISPS Block Tract Area Description Risk HMDI Vacancy Group Score Rate NW Section Lake Ida Road to Atlantic Ave. 0067.00 1,2 from C.S.X. Railroad to Swinton Ave. 10 44.30% 4.70% South Section SW 10th Street to Linton from 0068.01 1,2,3 C.S.X. Railroad to F.E.C. Railroad 10 47.70% 3.90% SW Section Atlantic Avenue to SW 10th 0068.02 1,2,3 Street from SW 8th Avenue to Swinton Ave. 10 52.10% 4.30% Gulfstream Blvd/George Bush Blvd from Seacrest Blvd. to US Hwy 1 0065.01 1,2 & George Bush Blvd. to /SE 4th Street 9 25.30% 4.90% 0065.02 1 Geor e Bush Blvd to NE 4~' Street from 9 NE 4th Street to NE 2nd Street from 0065.02 2 Swinton Avenue to SE 6th Avenue 9 NE 2nd Street to SE 2nd Street from 0065.02 3 Swinton Avenue to SE 6th Avenue 9 21.90% 9.30% Canal L-30 to Canal L-32 from 0066.04 1, 2 South Milita Trail to Canal L-31 9 44.00% 2.8% Canal L-32 to Atlantic Avenue from 0069.03 1 Hi h Point Blvd to C.S.X. Railroad 9 Canal L-32 to Atlantic Avenue from 0069.03 2 Hi h Point Blvd 9 High Point Blvd West to Atlantic Avenue 0069.03 3 from Barwick Road to Hi h Point Blvd South 9 Canal L-32 to South Drive from 0069.03 4 Barwick Road to Hi h Point Drive West 9 25.80% 6.00% Atlantic Avenue to Lowson Blvd from 0069.07 1 Homewood Blvd to C.S.X. Railroad 9 Atlantic Avenue to Lowson Blvd from 0069.07 2 Milita Trail to Homewood Blvd. 9 21.20% 5.40% Lowson Blvd to Canal L-36 from 0069.08 1 Canal E-4 t C.S.X. Railroad 9 Lowson Blvd to Canal L-36 from 0069.08 2 Homewood Blvd to Canal E-4 9 Lowson Blvd to Canal L-36 from 0069.08 3 Dover Road to Homewood Blvd 9 Lowson Blvd to Canal L-36 from 0069.08 4 Milita Trail to Dover Road 9 25.20% 8.90% 18 NSP Target Area (city, nei hborhood, etc. City of Delray Beach -NSP Area of Greatest Need (refer to chart on page 8). Justification (estimated City of Delray Beach -NSP Area of Greatest Need (refer to chart on page 8). number of foreclosures, etc.): Potential Nonprofit or For- Delray Beach Housing Authority, Habitat for Humanity profit Subrecipients (including property mana ement com anies Potential Lending Partners (if known : N/A Potential Counseling A encies (if known : N/A Timeline: Please provide a tentative timeline for the following steps: Activity Tentative Start Dates Identification of units for acquisition April 15, 2009 Appraisal of units June 1, 2009 Negotiation of price at closing June 1, 2009 Rehabilitation of units (if needed) June 1, 2009 Closing October 1, 2009 Performance Measures: All activities funded with State NSP funds must meet one or more of the following performance measures: Enter estimated number of units that will benefit each income level: # benefiting 50%AMI and below (this amount must correspond to the rental set-aside allocation 51-80% AMI 81-120% AMI estimated units of housin to be ac uired 3 --- --- estimatedunits of housin to be rehabilitated 3 --- --- estimatedunits of housin to be demolished 0 --- --- estimatedunits of housin to be rented 3 --- --- estimated arcel(s to be ac uired 0 --- --- Unmet Need: Please describe any unmet need that you wish to be taken into consideration should recaptured funds from another grantee or program income be made available. NSP Strategy Approximate $ Amount Needed The City recognizes an unmet need in the area of affordable rental housing $550,000 (particularly for families). Additional funds would allow Delray Beach to expand its inventory of affordable rental single family housing units. 19 ADMINISTRATION Description: Administrative costs must be associated with overall program management. This does not include costs associated with carrying out activities eligible under Section II (B) (3) (b) regarding homebuyer counseling or activity delivery costs. Total Budget: $129,540 (cannot exceed 6.8 percent of allocation) Responsible Organization: City of Delray Beach Potential Subrecipients: Real Estate Professional or established LLC s ecializin in foreclosure ac uisition. 20 IV. ASSURANCES, CERTIFICATIONS AND SIGNATURE I, the undersigned chief elected official or authorized representative of the Applicant, certify that this Application has been approved by the local governing body and that the Applicant will comply with the following certifications and assurances as well as applicable federal and state requirements in the administration of any award that is made. 1. Affirmatively furthering fair housing. The Applicant certifies that it will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. 2. Anti-lobbying. The Applicant must submit a certification with regard to compliance with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if required by that part. 3. Authority of Applicant. The Applicant certifies that the consolidated plan is authorized under state and local law (as applicable) and that the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. 4. Acquisition and relocation. The Applicant certifies that it will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the notice for the NSP program published by HUD. An Anti-Displacement and Relocation Plan has been adopted (or will be adopted prior to the expenditure of funds) and displacement of persons will be minimized. 5. Section 3. The Applicant certifies that it will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135. 6. Citizen participation. The Applicant certifies that it is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as modified by federal and state NSP requirements. 7. Use of funds. The Applicant certifies that it will comply with Title III of Division B of the Housing and Economic Recovery Act of 2008 by using all of its grant funds within 18 months of receipt of the grant. 8. The Applicant certifies: a. that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income; and b. The Applicant will not attempt to recover any capital costs of public improvements assisted with NSP funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds. In addition, with respect to properties owned and occupied by moderate income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the Applicant certifies that it lacks NSP funds to cover the assessment. 9. Excessive force. The Applicant certifies that it has adopted and is enforcing: a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 21 b. A policy of enforcing applicable state and local laws against physically barring entrance to, or exit from, a facility or location that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. 10. Compliance with antidiscrimination laws. The Applicant certifies that the NSP grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. 11. Compliance with lead-based paint procedures. The Applicant certifies that its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title. 12. Compliance with laws. The Applicant certifies that it will comply with applicable laws. 13. The Applicant will satisfy the Intergovernmental Coordination and Review (Clearinghouse Review Process) and Environmental Review requirements. 14. Each housing structure addressed with CDBG funds will, upon completion, meet HUD Section 8 Housing Quality Standards and local codes. 15. The Applicant has adopted a Community Development Plan or has adopted the Local Comprehensive Plan as the Community Development Plan. 16. The Applicant has adopted a Housing Assistance Plan for selecting potential beneficiaries and housing units for the proposed NSP assistance. 17. The Applicant will collect and maintain documentation verifying that the beneficiaries of the funds meet the federal guidelines as described in the Federal Register Notice dated October 6, 2008, and the specific activity requirements described in the NSP Substantial Amendment to the Action Plan. 18. The Recipient has read, understands, and will comply with the provisions of the State's Substantial Amendment to its 2008 Action Plan regarding the recapture of funds and program income. 19. The Applicant will monitor all subrecipients to ensure compliance with all regulations promulgated by HUD and the Department of Community Affairs. 20. The information presented in this application is accurate, and documentation is on file and readily accessible to the Department of Community Affairs. 21. Submission of this Application was authorized by the local governing body. Typed Name of Chief Elected Official or Individual Authorized by Resolution of the Local Governing Body Signature of Chief Elected Official or Individual Authorized by Resolution of the Local Governing Body Date 22 W ~~y W ~I a U U A E~ W A E-~ U W ti a E~ W U H E~ ~ ~ ~ ~ ~ O H ~ ~ ~ ~ x H w O 0 ~V.i M , ~ ~ Fyy M l~ O O O O ~ ,~ O A-i ~ ~ O 01 cC ~'" r--~ 69 N ~ O ~ ~ O c N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~" ~ w , ~ .~ . o ~ ~ ~ U \~ o o ~ c~ c~ c~ c~ ~ w ~ oo W ~ w w ~ ~ o ~ ~ ° o o 0 0 0 ~ ~ ~ ~ . ~ Q W ~ ~ ~ ca ca 0 0 o ca o ca `~ ~ W ~ w ~ W ~ ~ ~ ~ ~ H o ~ ~ ~ I I I ~ I ~ ~ ~ d ~ ~ 0 . •~ ~ •~ ~ o ~ ~ ~ ~ ~ ~ H ~" ~ w ~ ~ ~, >~" I I ~ .~ ~ ~ ~ p i~ , ~ r U + -' ~ Q W ~ (~ A-. v f~ x ~ ~ w f~ w W ~ ~ Z ~~ '~ N •--i o 0 0 0 ~ ~ ~ E~ z w x a a O U U d~ L z E~ W L7 A E~ U W a E~ W '~" U E-~ E-~ d' w H O w 7 ~ ~ ~ ~ ~ ~ w x H O ~ ~ Z ~~~ N¢ ~~ w ~ U o ~'~~ o0 o 0 w W '-' °° Q Z ~ w ~ o~ ~ ~ ~ ° ~ H Q~ w ~ d ~ ~~ F" v~ a w a O U d ~ o ~ ~ U ~ ~ ~ U ~ ~ N U ~y H ~ i c +~ N ~ N ~ ~ ~ ~ L~ ~ ~ r-" ~ w 'Jy ~, ~ ~ ~ >C ~; W ~ ~ ~ ~ ~ v' ~ ~ _ H O ~ ~ O ~ ~ ~ ~ ~ ~ N N . 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U }~ ~ O11 ~ ,-a ~ cC U '~ ~ O r--, Q.'' ~". N r--~ ~ O ~ ~ Q O ,S' r--~ 4-r ,__, ~ ~ . ~ N O U ~ ~ ~ ~ U ~ ~ Q ~ ,~ ~". ~ ~ N .y ~'" ~ . ~ ~p ~ "a ~ ~ •~ ,~ o ~ .~ ~ ~ ~ ~ ~ an ~ ~ .~ ~'~ ~ o ~' ~ ~+ U CC C U ~r ~ ~ ~ .~ .~ ~ ~ ~ CC ~"" U ~ N N ~ •~' ~. ~ U ~ ~ O ~ •~ ~.~ ~ ~ U ~ ~ ,--, ~ ~ ~ ~p O ~ U ~ •~ .~ y ~ O ~~ U ~ +~-~ ~ O ~ "~ ~ ~ ~ ~ r--~ ~ N O ~ ~ 4-~ ~ ~ U ~ O ~ ~.' N _N '~ ~ O r--~ ~ ~ ~.' ~ ~ O .y U ~ "~.+" U ~ O ~ [~ bA c~" v CITY OF DELRAY BEACH, FLORIC - Census Tracts and Block Groups - MARCH 2010 L-30 CANAL 9 ~ - ~ z ~ ~ 66.05 M B~-- ~J 66. 3 ~G_` n w u Ec; 59.09 ~ ~~ Q ~ 66^~4 LAKE IDA ROAD BG BG-2 _ _ __ ~ ~ ~ _ ~~ ~ BG-1 rG-i 1 C= r ~P~_ ~_ ~ 1 ~ - - ~ 1 EC;-1 ~ 59.x„ 69.03 ~ 1 - - ~ ~~;_z ~. BG-2 I 1 AVENUE ATLANTIC Z O „~ L BG-L I U = I BG-1 69.07 r~ ~'_ ~, Q , ~L~IhJGiI BOLLt lAkD Q 69.08 i B~-, ~~ ~~;_~ BG " BG-9 g BC-I I ~s ' l LINTON BOULEVARD J 1 ^~ ~ ~ ,.. BG-a ~' ~ `'~~T BG- 5 59. ~ ~ pU~ 1 1 ~', \ Z ~~~_~~~ 69.u5 BG-~ 0 BG-2 BG 5 ~ y ~ ~ iy I BG-1 p 9 L-38 CANAL 95 1~ z ILF STREAM BLVD .o~ 65 ~= o ~' ~~~~. ea-~ y ~ ',. BG-4~ OAK o u, ~ G L~J ~ ~ B -. ~ C ~.~.02 ~ 4.D GeDRGE ~ I BG~ gG_p I~ LAKE ~ B~-z I I~ ~ ~Q ROAD I ~ E. 4T ~-. e~-I I BG-s I ~ ~ ~ i:~.LV. ?I!D aT. 6G-1 ~ ~ 1 67_ ` ~ ~~-~ 74.C~`I _..~I ATLANTIC AVENUE i ~~j a~-, N s rv zrlo sr ~ ' ~~ L«-~ W - ,yA ~ - ~ ~ BC.-7. I~ W IL ~ i~_^/ Q i - f5G-? ' F ~~i- ti~:` 5 68.02 ~; S_lh'. 1:iTH ST. U~ _ _ 7 4~f ~ 1 BC;-i ~~ ' 8.01 ~ 41I~ ~ a E6-3 BG- 1 - _ E ._ Q j LINT('N 6LVD. L lJ ~ L ~ 1 E~-~ ~ ~ R~-1 BG-5 j _~ BG-3 ~ BG-4 ~ = 6 ~~ ~ ~ ~~ O Q G~ ~ ~~ ~ 4 C-15 CANAL II, I LE END G 69.04 CITY BOUNDARY - - - - - - - I ONE MILE NSP AREA OF GREATEST NEED GRAPHIC SCALE BG-4 ~ ~ ~ ~ ~ (100 YEAR FLOOD PLAIN) SUBJECT AREA CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT MARCH 201 D °NOTE: FINAL ALIGNMENT OF BLOCK GROUP AND TRACT BOUNDARIES IS PENDING RELEASE - -DIGITAL BASE MAP SVSTEM-- OFTHE CENSUS 2010 DATA. CENSUS TRACTS AND BLOCK GROUPS ON THE MAP ABOVE HAVE BEEN DEPICTED PER THE CENSUS 2000 DIGITAL DArA RELEASE. MAP REF: LMA-254E MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 11, 2010 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of March 1, 2010 through March 12, 2010. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of March 10, 2010 A. Approved (5 to 0, Scott Porten and Svetlana Bogdanovic absent), a request to attach a projecting sign to an existing awning for Caffe Luna Rosa, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (34 South Ocean Boulevard). B. Approved (5 to 0), a twenty-four (24) month extension (expiring March 10, 2012) for the Class IV site plan modification approval associated with the construction of six (6) apartment units at the Courtyards at Martel Arms, located on the west side of NE 8th Avenue, north of George Bush Boulevard (1010 NE 8th Avenue). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~' ~~~ '', ~F~~N 1 C~1 C~ ~.~ .,~,~_~_ i7 ~ ~ ', f~T(~ ~~~ ,_, _~ ~~PARTEr~T' ~; P~ ~ ~0. ~~'9~~~ ~ (~.~I~1~ F~C.~~,~1 ~C~C~~7~4~C~~L~~ ~17m ~~~~~7T~=L ~1~'~'~i~ -- D/GITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\3-16-10 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: March 4, 2010 SUBJECT: AGENDA ITEM 8.E.1 -REGULAR COMMISSION MEETING OF MARCH 16, 2010 CONTRACT AWARD/SOUTHLAND PAINTING ITEM BEFORE COMMISSION Approve an award to Southland Painting Corporation in the amount of $50,630.00 for the partial rehabilitation of Clarifier #4 at the Water Treatment Plant. BACKGROUND A recent inspection of the clarifier unit revealed rust and the start of some minor deterioration on metal surfaces of the horizontal launders as well as other steel components just below the water line. Utilities staff developed a scope of work to address the situation. Work encompasses sandblasting and painting of all steel components inside the clarifier reactor unit's top four feet and all structural steel walkway members across the top of the unit. On February 17, 2010, the City solicited quotes from four vendors qualified in performing this type of work. The City accepted quotes for the Clarifier #4 Rehabilitation through Friday, February 28, 2010. Only two quotes were received; Southland Painting Corp. in the amount of $50,630.00, and C.G. Zarnas Co., Inc. in the amount of $60,510.00. Southland Painting Corporation's past performance and references have been verified; they are in good standing. In addition, they have performed satisfactorily on previous Water Treatment Plant related projects for the City. Unit #4 was last painted in December 2001. FUNDING SOURCE Funding is proposed from account #442-5178-536-64.90, Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment, in the amount of $50,630.00, after a budget transfer. RECOMMENDATION Staff recommends award to Southland Painting in the amount of $50,630.00 for the Rehabilitation of the Water Treatment Plant's Clarifier #4 unit. ++ ++ S N~ I.fi •L ~T U ++ w= R! a ^~ W `L r L ++ N r O ti O 1 r O N Z a O ~T M~_ W ~ W ~_ U O7 O ~ ~ O ~ i ~ Q i ~ ~ U ~ ~ ~ Ul C W U ,K .K L ~ Q d ~ ~_ ~ Z 0.S W ~ U C 2' Q d ~ ' ~ J ~ ~ U Q ~ ~ ~ O ~ ~ O ~_ Q ~ cn w ~ ~ ~ ~ U ,~ ~ ~ ~ ~ U _ w z W 0 O 0 O 0 O o O O o U ~ U O O O O O O O ~ O O O O O W O O Ln O ~ r U Q ~ `~ ~ `~ ~ o ~ ~ w ~ N U ~ ~j z Q W O O O O ~ O U ° ° N ° ~ ~ o o c O o ~ ~ ~ ~ ti ~ ~ ~ O ~ ~ W ~p U_ L ~ O ~ z ~ z J J J J J Z O N O O °~ ~' ~° N ~ O. O ~ N O ( ~ ~ W~ 0 - O N C ~ N O ~ Q O ~ O ~ ~ ~ o ,~ O Q T U (n _ N O O C ' ~ w D ~ = o o ~ N O .U m ~~ W O ~ N ~ O. O ~ O N ~ N ~ '(0 O ~ fn Q ~ ~ 0 0 0 0 0 0 .~ U .O 0 0 a O C L N 00 O O .~ (0 L N L .~ U C (0 C a~ E ~ rn io 0 ~ O ~ O ~ N io Z 0 0 N a0 M ai c d 0 N L a Av o za o z o ~~ m O ~ o c ~ o Q ~ ~ m s. L. v •p vi Q O 3 v ,~ ~ ~ o ~ ~ ~ o ~ ~ H ~ ~ ~" ~ ~ ~ ~~ w A~ w. 0 u u .~ ~ ~ ~ wa ~. n ~ ~ ~- a d a a ~. a 0 U -+ O ~'' U ~ ~ 0 ~ q O ~ ~~ A O O ~ °~ ~ W ~ ~. ~ Q ~ Q .~ ~ T3 O ~°z ~.r jj 0 of 0 3 i ~ ~ ~ U a ~ N n N 0 0 °o 0 ~'~ 0 0 O O O ~i -}] H o: 0 o v 0 A O_ 69 l .~ O ° ° c~ ~ AZ HA a a ,~ ,~ td '~ aJ ~ '"" ° .,-i bA ~ 'O o - ~~ ~ ~ ~ p. ° ~ ~ U o ~# , ~ ,~ o ~ N ~ G1' O ~ ~ O ~ ~ O '~ ¢'e~.~ p~4~ ~q b ~ ~ ~ .~ d A ~3r ~ v [+1 '~' G~ ~ ~ 0 ~ bq '~ ~Ry '[7 ~ C] ~ •p O d] U and ~~~ 3 ~ O U .~ O C? 4 O N m mot' h o 'I 0 o ~ m ~ ~ ~ a rt u~ O ~ A .~ i N `~ x .~ b 0 H 4-t .,~ 0 A ~ ~ ~ ~ a (~ ~ ~ ~ v' Q '^ W °'`~ w ~ ~~ ~ ~ R3 4 q ~ ~~ ~~ ~~~" ~ ~ C4 W ~ 0 C m CQ ~_ rn f1. c a U ~ ~ ~ ~~ m N N ~ ~ ~ r O ~ ° N U a p ~t°'iz U'S `am MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: March 10, 2010 SUBJECT: AGENDA ITEM 8.E.2 -REGULAR COMMISSION MEETING OF MARCH 16, 2010 CONTRACT AWARD/GULFSTREAM SPORTS GROUP ITEM BEFORE COMMISSION This item is before the Commission to approve a contract award to Gulfstream Sports Group in the amount of $25,125.00 for replacement of bleachers in the gym at the Community Center. BACKGROUND The bleachers in the Community Center gym are old and in disrepair creating a safety hazard for the general public who utilize this facility. The new bleachers will be in compliance with the Americans With Disabilities Act (ADA) and will include hand rails, aisle rails, and a scorers table. The bleachers will be motorized allowing for ease of opening and closing. Three quotes are attached as follows: Gulfstream Sports Group Inc., recommended lowest quote, in the amount of $25,125.00; HUFCOR Florida Group for $25,500.00, and Certified Development, Inc. in the amount of $32,745.00. Electric power hookup will be provided by a separate vendor at a cost of $1,500. FUNDING SOURCE Funding is available from 334-4125-572-46.10 (Building Maintenance) RECOMMENDATION Parks and Recreation recommends a contract award to Gulfstream Sports Group for replacement of the Community Center bleachers. BLEACHERS-COMMUNITY CENTER SPECIFICATIONS 6 Rows 60' long/three sections Molded plastic/Royal Blue Motorized End rails and aisle rails per code Bleacher mounted scorers table Removal and disposal of existing bleachers VENDOR TOTAL Gulfstream Spnrts Group X25,125.00 $25,125A0 Lowest HUFCIR Florida Group $25,500.00 Certified Development, Inc. $2,745.00 Electric Power for Motorized Bleachers American Lighting Maintenance, Inc. $1,500.00 Total Projeet Cost $26,£25.00 ~~5~~ Sports Group 62'78 N Federal Hvvy #lOS Ft. Lauderdale, p'L 33308 Name 1 Address City of I3elray Beach c/o Tom Kwiatek ~ RE: Gym Bleachezs (Rev) Description Pznvide and asseinble~nstall Irwin telescopic bleachers - Six rows x 60' long - Seating for cr, 1&fl -~I- sp®ctators - Motorized - Molded plastic beach seating (Royal Blue) -End tails and aisle rails per current code -Shipping - Includes bieachez mounted scorers table *** Price includes removal and disposal of existing bleachezs *'~* Qty ~uot~ Date Estimate # 1.211.4/2009 1111 ~ Project ~ Gost ~ Total 1 25,125.00 25,125.00 All electrical by others SUt~~O~at S2S,125.00 Sates Tax (fl.t1°,/fl) ~fl.flfl TOtal X25,125.00 E~ar~da ~raap ~~ t~(.«E. Upel:ti)ie IV;€Its rlecurditl€t lkxti:s Se:titalg Sr(fl'eixrttr~5 • [31cac1)ri~ Ac3tteiiC FgtEfilnteEtl. • tEtsi:fii(ati(sn Scr>.~icc/Repair PI"~pClSc°~~ To: City of Delray Beach 1©0 NW i~ Ave. Delray Beach, FI 33444 Attn: Tom Kwiatek f=rom: Bob TobNas Re: Delray Community Center Gymnasium Retractable Bleachers ©ate: QeCember 18, X009 HUI"COR proposes t4 famish and install the following: Retractable Bleachers Manufacturer: i:nt~'kal One (~.) Bank 64' Wide x 5 Rows _ Notarized f=riction Power operated with dual directional, removable walk along pendant which plugs into the (rant of the first row to give the operator proper position for visual control. Span: ~2" Rise: 10 '/a Self Storing Aisle and End Rails 5ea#~: iB" Sculpture Seat Modules with Chaise of Colors Total: $24,750.Ob Options: (~.) Scorers Table, ADD: $75E].C}t1 1=xclusians: 3 phase power to bleacher by owner ;ner Ia~terlral specifications Notes: Price is valid for 6Q days. Price includes saps tax on material only i=refight to Delray Beach Removal and ©isposal of Existing Bleachers Prreparad by BQb Tobiasti Hufrar Florida Gawp • b~abias~la hufcorfl:czsm \urlh and F:€Kt F'larida eliwiern Florida Southe:[tilcrn FYuri€ta G€r€trgia t;arfUhran 1.3U I (:f!aif.li i*El'l: nT k i:o27 E'}'rantid Dr.. init. i() i 3f~4H14. (.(I1tj;fY'xih :1t<€n!€c. 5llilf! l 5(:r1'I(YS:ItI(i Rf'iN[ir 4:1[Iw altll;lf!1'11€Y' ;kt€lCortl. Pl, :3L77! (kiew»:t. Fi, :S3~ibl3 iiati~ttltnt 13c:f€•!t. F7.3,3{"d(3 il[;fY;(lR Ri'1S ticr~•ir(~ iilafc€Er (:ariltisf;:nt Pktfntc: 4[l7-3f12-??l3fi i'ktuttr, 7'?7-37Cri!lOf) l'hnnc: SGi-74Rl-f~fift2 a!1#-27-1-)3E'Eiif1 :fi1~~-4)EiFS-fii`L84 Fitt: 4R7•:3(12-?i~Ml i':E\: 7'17-:37fi-f!-~1S f~:tx: 1CiE-7!If1-4:i:ifi 12f15f20H9 68:56 5619943990 C~R~'STED PAGE. 01 CERTIFIEa DEV~LOI~MENT, INC. FL `~"c~ll Free ~-Boa-~~~-~~aa FAK (a~1) 994-3990 ~~#ez~ ~.5, 2()09 I)elxay mks & Recrea.~ l~ri ~ . SAX ~~.-~~~-?~6~3 ,l~,tt~7.: 1VLr , 'I'vm Kav~,~,~ck Rey De~.r~.v ~ereatic~n Ctr. ~yzn ~~,es~chex~ Derr Mr . I~r~'latek Phone: (a~1) X94-39$~ 67'70 host Rogers ~ircie ~3~7C~! Ra#or~, F~ $34$7 We are ~~.eased ~a ~~ th].r c'#~ue~'~~'G~.dn covering ~ns~all~.~tion auk r~'~.~. o~ Yo'~ gym ble~.che:c~ a~ ~~11~ ~va.de at~d install ~~.escc,~lc blea~cYtez~, 6~xowe x ~(}-fit, w~„~.e ire and dls~se o~ exi,st~ng b~.eac~Zex~s ~ta~. ~ Cosl. ~i7~' t1~1.e ~b0'~e~-~ : 'r3'~' , 745 t o0 k~l~~.se ~1'V'e ITI~: ~. C~~.l ~.~ ~'CiLI h~.~re any' t~.~S'~.~.4~ ~~i~.T1C~'~'.~"~ //~~ MEMORANDUM TO: Mayor and City Commissioners FROM: BOB DIAZ, CONSTRUCTION MANAGER RICHARD C. HASKO, ENVIRONMENTAL SERVICES DIRECTOR THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: February 25, 2010 SUBJECT: AGENDA ITEM 8.E.3 -REGULAR COMMISSION MEETING OF MARCH 16, 2010 CONTRACT AWARD/RSI OF FLORIDA INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $59,640.00 to RSI of Florida Incorporated for re-roofing the Water Treatment Plant Administration Building. BACKGROUND RSI Roofing, Inc., the apparent low bidder, will provide all labor, material and supervision necessary to conduct a thorough re-roof of the Administration Building. When implemented, this 2010 Capitol Improvements project will eliminate all reoccurring water intrusion issues that have occurred within the second floor laboratory workspace. The base bid includes the removal and legal disposal of the existing built up gravel roof system, cost to raise all existing mechanical and electrical equipment to applicable code requirements, the replacement of two 5-ton roof top air conditioning package units, repair and coating of a 6 foot high parapet wall that encompasses the entire roof area and the application of rust inhibitive products to all roof top exhaust vents, roof hatches etc. The modified mineral surface membrane roof system is the ideal system for this application. The roof system includes a thirty (30) year warranty for all the materials installed including all metal flashings. In addition all standard contractual warranties for mechanical and electrical apply. The contractor, RSI Roofing has successfully completed two re-roofing projects for the City of Delray Beach; both times they have demonstrated their capability and superior quality of work. Bid tabulation (Schedule "A") attached hereto for your reference. FUNDING SOURCE Funding is available from account 442-5178-536-62.10 W&S Renewal and Replacement Fund/Water Sewer Services/ Buildings after budget transfer. RECOMMENDATION Staff recommends award of contract in the amount of $59,640.00 to RSI Roofing, Incorporated for the Water Treatment Plant Administration Building re-roofing project. ~ a ° c o £ a a a a ~ 'm ~ z z z z n 0 o N E 'a c L ~ d ~ N ~ ~ ~ 3 v v v Q z' a ~ V a •o a a ~ 00 c . ~ a a s a ~ Z ca 'o ~ O m ~ o a s ~. a ~ .~ (a J N d £ O O O C Q~ m N ~~ M O O O ~ ~ ~ Q ~' ~ ~ ;a t 00 ~ j ~ ' o O o ~ ~ +,, w p c-I C Z '+~ T+ ~' w O ~ ~ m d + m V !0 ~ L a .~ ~ ~ V ~ ~ d L d m Q Q ~ ~ Q ~ ~ d _ •~ N ~ ~ d ~ • Q C G CC G ~ m a °' • ~ L ~ ~ U ~ L `^ d s a ~ o2S .a C U ~ ~ ~ +~+ Gl ~ w ~ N • ~ ~ ~ ~ ~ L Q F Q ~ ~ ~ ~ ~ L LL _ Q U ~ ~ L ' ~ 3 ~ ~ a _ ~ ~ Q ~ E ~; i ~,; o Y ~ ~ Q L ~ L m ~ ~ Q MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director THROUGH: David Harden, City Manager DATE: March 9, 2010 SUBJECT: AGENDA ITEM 8.E.4 -REGULAR COMMISSION MEETING OF MARCH 16, 2010 PURCHASE AWARD/GARBER FORD MERCURY ITEM BEFORE COMMISSION City Commission is requested to approve the purchase one (1) 2010 replacement Ford Crown Vic Police Interceptor with options, from Garber Ford Mercury in the amount of $24,919.00, per the Florida Sheriffs Association Contract #09-17-0908, Specification #O1. BACKGROUND Police car #1328 was involved in an accident on February 27, 2010 and has been declared a total loss by the City's appraisal service. $20,578.-Specification #1 Color: White Exterior /Dark Charcoal Interior/Options 125.-Limited Slip Differential 190.-Kevlar Trunk Package 60.-Ignition Powered Trunk Release 25.-Rear Door Locks & Handles Inoperative 25.-Rear Windows Inoperative 20.-Courtesy Light Disabled 76.-Third Key 190.-LH Pillar Mounted Spot Light 3,630.-Warranty-5-75, $0.-Deductable Total: $24,919. FUNDING SOURCE Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). RECOMMENDATION Fleet recommends the purchase of one (1) replacement 2010 Crown Vic Police Interceptor from Garber Ford Mercury in the amount of $24,919.00 with additional needed options installed. Pricing per the Florida Sheriffs Association Contract #09-17-0908, Specification #1. lltadal, Pats Frnm: Rumen, Kevin Sent: Monday, March 08, 2010 9:44 AM "I"o: Nadal, Patsy Cc: Smith, Douglas Subject: FW: Total Loss Vehicle Patsy, I need to place the purchase of one (1) Ford Crown Vic I'alice Intercepter on the City Commission agenda for March 16, 201.0. Mr. harden has given approval to move forward with this item (see below). This purchase will be made utilizing the Florida Sheriff s Contract #09-17-0908. The vendor will be Garber Ford, far the amount of $24,919.00. Funding is available from 501-3312-591-64.20. This is a replacement for vehicle #1328 which was a total loss as a result of an accident. Thank you, Kevin Cg. l~umell Fleet Maintenance Srxpe~rintendent City of Delray Beach Office {561) 243-7333 Fax (a61) 272-53GG Email ru~raell~ci.del~av-beach.fl.ns From: Harden, David Sent: Monday, March 08, 2010 9:32 AM To: Rumen, Kevin Cc: Hasko, Richard; Smith, Douglas; Wynn, Kimberly St1l3,~eCt: RE: TOtaf LOSS VehlCle Qi< lFram: Rumen, Kevin Sent: Monday, March 0$, 2010 9:15 AM To= Harden, David Cc: Hasko, Richard Sttl],jEEt: Total LOSS VehICIL' Mr. harden, Police Car # 1328 was involved in an accident an February 27, 2010 and has been deemed a fatal loss by our appraisal service. I am requesting permission to place the purchase of a replacement car an the City Commission agenda for March l6, 2010. Funding is available from 501-3312-591-64.20. --^ j; ~ ,, t. y ~~~ ~ ~~a .,S " FLORIDA ' ~~ ~ r~ ~;, b .ta tiSSI)[;I A'1 IQ\ C3P ', • _ COUNTIES ~ ~; _ • ~ > ~ ~ ~~;;~ n ~ ~--- - -~- - Boa Ali ABo:it Fiarida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION FULL SIZE PURSUIT VEHICLES - RWD (POLICE PACKAGE) SPECIFICATION #1 2014 Ford Crown Victoria (P78/720A) The Ford Cxvwn Victoria (P7B1720A) purchased through this contract comes with all the standard equipment as specified by the manufacturer fox this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONF: W esterz~ Northern Central Southern BASE PRICE: $20,578.00 $20,578.0() $20,57$.00 $20,578.00 ~ While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equip-nent items most ofl:en requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. Irt an efI'n-t to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants nr needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cast of the type vehicle(s) you wish to oxdex through this program. Simply deduct the cost of any of the following equipment items you wish deleted firam the base unit cost and/or add the cast of any equipment items you wish added to the base unit cost to determine the appraximate cast of the type vehicle(s) you wish to order. NOTI/: An official listing of all add/delete options and their prices should be obtained fro-n the appxopxiate dealex in your zone when preparing yaur order. Additional add delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Said Award A.nnouncearai~e>raEt {p9-~ 7-09©SJ 165 BID AWARD ANNOUNCEMENT 09-17-0908 FURSUIT, ADMINISTRATIVE NON-PURSUIT, UTILITY VEHICLES, TRUCKS & VANS, & OTHER FLEET E(~UIPMEIT'T Participating Sheriffs Offices SL Local Governmental Agencies of the State of Florida Coordinated By The Florida Sheriffs Association, Florida Association of Counties & Florida Fire Chiefs' Association FLORIDA ~ssc~c~~T~a~v or COUNTIES All About Florida. VEI~IICLE: DEALER: ZONE: BASE PRICE: Crown Victoria {P7B/720A} Garber Ford Mercury, Inc. Western $20,578.00 Order Cade Delete Options Crvwa~ Victoria (P7B/720A} Garber Ford Mercury, Inc. Nnrihern $20,578.00 Crown Victoria (P7B/720A) Garber Ford Mercury, Inc. Central $20,578.00 Crown Victoria (P7BI720A} Garber Ford Mercury, Inc. Southern $20,578.00 V6 1 '; VG engine in lieu of V8 engine VINYL ~ '. Black vinyl Hoar covering IIN ~ ;Cloth rear seat in lieu of vinyl D96A ~ '`Front door body side molding NO FRONT DOOR M{7LDINCr IS STD FOR CVPI, MOLDING INCL ONBASE SPEC DELETE IS ND CHARGE. SPECIFY DNPURCHASE ORDER NO FT MOLDING t DDL ~ S" round darne larrrp CYPI STD EfJUIPMENT. CAN 8E REr1~0YED. INCLUDESPLASTIC COYER OvER HOLE 1 MINISPARE ~ Space saver spare fire in lieu of full size spare fire Order Cade Add Options All Zones NAl Std NCi' Stda ; Stdl NAl'. All Zones Please refer to Part D -Emergency Vehicle Za~ghting Speai~'ications for lightl~ar descripta.ans aid the awarded dealer pra.ca.ng. 4SC ~ Limited slip differential 4 177 t 'Silicone hoses PRIO ~ "Priority startlbattery saver 68P ~ Complete Police Prep Package `SEE FLEE7:FORD.COMFDR COMPLETE PACK4GE DETAILS 1 GSA 1 Base Police Prep Package SEE FLEET.FORD, CDMFOR COMPLETE PACKAfiE DETAILS r 6SU ~ GSP t G5W 1 bOS t TREM ~ SFST t MAGI 187 t 189 1 Police Prep Package - "Ready for the Rnad" SEE FLEET.FORD.CDM FOR COMPLETE PACKAGE DETAILS ~ Base Lighting Package SEE FLEET. F~RD.COMFOR COMPLETE PACKAGE DETAILS ~ Visibility Package SEE FLEET FORD.COMFOR COMPLETE PACKAGE DETAILS t Fire suppression system SEE FLEEI:FORIJ.CDMFOR COMPLETE PACKAGE DETAILS ~ Tremco anti-theft -feat actuated, dealer installed SafeStvp vehicle anti-theft -key activated yr emergency lights activated, plug-&-play for most. Ford and Chevy fleet vehicles, dealer installed in 20 minutes nr less Rechargeable mag light Roof wiring with hole INCL. LATERAL REINFORCEMENT ~ Roof wiring without hole $125.00 ~' $320.00 ~ $ i 56.00 $2,075.00 $770.00 ~ $4,120.00',. $1,955.OOI! $3,090A0', $3,495.00 $19G.001 $196.00 r $136.QOa $195.00 ~ $85.00 ~ Sid Award Announcement (O&17-U908) 166 VEHICLE: DEALER: Z©NE: BASE PRICE: Crown Victoria (P7B/720A) Garber Fard Mercury, Inc. Western $20,578.00 Crown Victoria (P7B/720A) Garber Ford Mercury, Inc. Northern $20,578.00 Crown Victoria (P7B/720A) Garber Ford Mercury, Inc. Central $20,578.00 Crown Victoria (P7B/720A) Garber Ford Mercury, Inc. Southern $20,578.00 AFW 1 . Accessory feed wires for police equipment $980.00 ~ FUrr, LOOMED CUSTOna WIRE HARNESS WITH ~rrrCx DrsCDNN~cT 1 RPRSBS-CV03 ~ i Ready Buckle Prisoner Restraint Seat Belt System -Crown Vic $530.00 ~ RPRSBS-DC03 ~ '' Ready Buckle Prisoner Restraint Seat Belt System - Dadge Charger NA1 l4T ~ Kevlar trunk paokage $190.001. HOPE DROP IN BOX W, FRONT I~EVLAR. REDUCES RISY> OFPOLTCE EQUTP PENETRATING THE BACK SEAT ' OR F7IEL TANKINHIGH SPEED REAR IMPACTS ~ 61H ~ # Ignition powered trunk button, factory installed $60.001 IP IGNITrONPOWERED ~ 43 A ~ Comfort and convenience grain $760.001': PWR SEATS,CD, SPEED CONTROL 750A 1 Street appearance group $155 001: INCL G4N, CHRDMT' GRILL & REAR TRUNKAPPLIQUES INCLUD.~'S 3.Z7 REAR AXLE ~ 64N 1 ?Full wheel covers $45.00 `sTD WrTH ~soA 1 N2 ~ Nitrogen filled tires including spare fire $125.041 58Z ~ AM/FM radio with single CD $7,85.00 ~ 77D 1 ! Daytirx~e running lights $50.001: DINT 1 Sunscrecn privacy glass $276.001: P11 Cloth split bench -front $760.00 ~ ' 'INCL 4rA COMFORT GROUP 1 21 A ~ Driver seat only -- 6 way power $380.00 ~ 728 1 'Carpet (installed) $125.001: ;INCL FRONT AND REAR MATS 1 67R 1 Rear door looks & handles inoperative $25.001'® RLH 1 `( Rear door locks & handles inoperative, dealer modifiction $175.001' INCL HIDDENMANUAL UNLOCKFLUNGER 1 948 i Rear windows inoperative $25.001 ~ REAR POWF.'R WINDOW SWITCH DEACTIVATION ~ 525 1 4 Cruise control $22S.0Q1 INCL WITH 41A CONVENIENCE GROUP 1 53M 1 'Radio noise suppression $95.001 & CrRDUND STRA.PS.' ENG TO DASH, HOOD TO BODY, DECKLID TD 8OI}Y, ENG TO FRAME, TAIL PIPE TO 1 FRAME, EDDY TO FRAME REAR 478 1 'Courtesy light disabled $20.001:'` AIRBAGS 1 Side air protection (may affect cage availability) Std1 LINT 1 ;Legal deep tinted elm, lifetime warranty, dealer installed $276.001 3MDR EQUAL 1 3K 1 Third key $76.00 " ~ Bid Award Annocrncement (09-I 7-0998) I67 vExtcL>~: DEAX,ER: ZONE: BASE PRICE: Crown Victoria (P7Bl720A) Garber Fnrd Mercury, Inc. Western $20,578.00 Crown Victoria (P7B/720A} Garber Ford Mercury, Inc. Northern $20,578.00 Crown Victoria (P7B/720A) Garber Fnrd Mercury, lnc. Ce(n~ tCra7lp (~ $20,5 1 6.O V Crown Victoria (P7B/720A} Garber Ford Mercury, Inc. S^outhryerpn $20,5 I U.©0 KCODE ~ Keyed alike $SOAO ~ MUST SFECIF'YKEY CODE ON PURCHASE ORI?ER BEFORE ORDER rs PLACED 1 14R 1 'Factory remote keyless entry with 2 fobs included. $255.00 ~ FOR EXTRA KEYFOB ADD $8D 96B ~ ;; front door moldings, not installed NC1 'i MUSTSPECrFYONPURCrrAsE aRDER 1 VV ~ `Vent V13arS -Stack-On Style $130,0(] ~ rNSTALLED ~ RS 1 `Rainshields -flange style $1.30A01 rNSTALLE'I~ ~ DBB ~ boor blank & rear window barriers with rzaanual lock override (Setina, Pro-Gard, Cruisers ar $450.001' approved equivalent) . 986 1 '' Lacking gas cap $10.001 INCLUDES TWO KEYS ~ 952 1 s Two-tone paint $885.001 H1GH3 1 '! Class III hitch with 2" ball, dealer installed $495.001: INCL WIRING FOR TRAILER LIGHTS 1 PART D 1 ;Optional equipmea~t -specify $85.001'; `LABOR RATE PER FIOUR. INCLUDESrIARNESSHARDWARE &SUPFLIES SEE FOOTNOTE PART D 1 51B 1 . ',' Optional equipment -specify $9Q001 rJRrYER S SPOTLIGHT PREP ASSEMBLY. INCL WITFr PARTD. NA WITH X79(1, L5~1_SFOT LIGHT, FOR L3UAL ~ SPOT LIGHT FRED (Sr7J ,ff I80 ~ HAVIS C 1 Optional equipment -specify $496.001: BASEHAVrscoNSOL~ 1 90B 1 Optional equipment -specify $2,485.001; .DRrF/ER & PASS SIDE BALLrSTrC -OOR 1 ALTD 1 !Optional equipment -specify $390.001 !. ATERNATrYE DESTINATION rNCL 17EALER Pr~r 1 SPB12 1 SetinaPB100A12- 12" Aluminum Push Bumper $393.001'. SPB16 1 Setina PB100A16 -16" Aluminum Push Bumper $436.001: SPB3001 "Setina PB300 Push Bumper $436.001 i GR-S 1 Go Rhino 5000 Series Push Bumpers $393,001: LRS 1 Rear Transport Seat -Laguna System 3P $636.001 PGRS 1 :Rear Transport Seat -Pro Gard 6000 Series $496.001 `` PCM012 1 Rear Transport Seat -Cruiser PCMO l 2 $496.001 PSCV 1 1 ;Rear Transport Seat with extended seat belt - Patriot PSCV 1 $533.0011; 510.1 Setina #10 Series Lexan Cage with sliding window, full width lower extension panel, dealer $756.001 :;installed S8 1 'Setina 8S Lexan cage with 112 lexan and 112 expanded metal with full lower extension. panel, $756.001' dealer installed Bid Award Announcement (09-I7-09U8) 168 vl~I~ttcLE: DEALER: ZONIE: SASE PRICK: crown victoria (P7B/720A) Garber I~ord Mercury, Inc. Western $20,578.00 Crown Victoria (P7B/720A) Garber Fard Mercury, Inc. Northern $20,578.00 Crown Victoria (P7I3/720A) Garber Ford Mercury, Inc. Central $20,578.00 Crown Victoria {P7B/720A) Garber Fnrd M.ercuiy, InC. Southern $20,578.00 PG26041 :Pro-Gard P2G00 Series Polycarbonate {.Lexan) Cage with sliding window, full width lower $646.041 ', extension panel, dealer installed PVP1120 1 ';Patriot VP1-120 Lexan cage with lI2 lexan and 112 metal with full lower extension panel, dealer $G8GA01 installed '~ PVPI100 1 Patriot VP1-1.40 all Lexan cage with full lower extension panel, dealer installed $G8G.001',. CC SIJIDE 1 Cruisers Cage with slide and lock window, lower extension panels, dealer installed $75G.OD 1 CC LEX 1 Cruisers Cage with 112 Lexan and 112 mesh, lower extension panels, dealer installed $7SG.001 ', K9 1 ' K..9 Container. All aluminum In-Vehicle (rear seat area) K-9 Container to protect the public, $2,080.001': ' officer, K-9, and vehicle. Please specify vehicle year, make and model. Call for installation, f shipping, and/or delivery prices. ERD i Electronic Remote Rear I]oor Opening system to be used with the K-9 Container. Allows the $94D.D41- officer to release the K-9 from the vehicle from a remote position. FOR REMOTE ADD $395 i HAS62G 1 Heat Alarm System to be used in a K-9 vehicle, Warns officer when dangerously high $G2G.041; temperatures are inside the vehicle. ', TEMP 1 Temporary tag $G.001 T'XFR 1 Transfer existing registration (must provide tag number) $145.041'; TAG 1 `.New state tag (specify state, county, city, sheriff, etc.) $133.001 DSM 1 Complete set of shop manuals ONLY $325.041 i r~vc~ arraz~Ex 1 BASE 5-75 1 `. Warranty -specify $2,745.001; ' BASE cAx~' sYR ~sx, ~o DEl3 ~ EXTRA 5-75 t Warranty -specify $3,385.401 EY7'RR CARE 5YR 75K, $0 I3ED 1 PREM 5-75 t Warranty -specify $3,634.001.4 PREMIUMC.~RB SYR 75r~ $O,D&I3 ~ Bid Award Announcement [09-I T-0905) 169 MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 10, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 WAIVER REQUEST/ATLANTIC OCEAN CLUB ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulation associated with the Class IV site plan modification for the Atlantic Ocean Club project: 1. LDR [Land Development Regulation] Section 4.4.13(F)(1)(c), which requires a minimum floor height of 10 feet for the ground floor and 9 feet for all other floors. BACKGROUND The subject property consists of the east 10 feet of Lot 10, and all of Lot 11, Block 84, Town of Delray. The property was formerly occupied by the Richwagen Bicycle Shop and Power's Lounge, which were demolished. Construction of a subsequent two-story mixed-use development has been completed and has remained unoccupied. At its meeting of February 24, 2010, the Site Plan Review and Appearance Board (SPRAB) approved the Class IV site plan application for the Atlantic Ocean Club development. The development proposal includes conversion of the 1,563 square foot second floor apartment and 1,249 square foot second floor restaurant to office space, construction of 924 square feet of mezzanine floor area on the ground floor, construction of 891 square feet of additional restaurant area on the third floor, and installation of a new awning over the existing can wash/dumpster enclosure and along the north side of the building. The SPRAB considered and recommended to the City Commission approval of this related waiver. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Per LDR Section 4.4.13(F)(1)(c), aminimum floor height of 10 feet is required for ground floors and 9 feet for all other floors. Due to the introduction of the mezzanines, the minimum floor height of 10 feet is not achieved. The applicant has submitted the following verbatim narrative in support of the waivers: "...In reviewing the LDR's, we were unable to find any reference to or definition of a mezzanine. The 2007 Florida Building Code defines a mezzanine as an intermediate level between the floor and ceiling, and that such mezzanines shall not contribute to either the building area or number of stories. In this case, the area in question relates to an internal balcony over booth seating area, the restrooms, and the kitchen and the perception of the space once you enter from the street is of a space ranging from 10'-2" at the entry foyer to 14'-4" just beyond. The mezzanines are to the sides of the space and are made of two-inch thick steel decking material and open cable railings allowing full view from the space below. Not having these mezzanine areas will dramatically change the proposed operation and internal aesthetics intended by our client... " The purpose of the floor height is to provide consistency in the downtown and to ensure that quality development occurs. The existing first floor of the building was constructed with a clearance up to 14.33 feet. While the proposed mezzanines restrict the building from achieving a floor height of 10 feet for the entire first floor, they do not substantially detract from the quality and feeling of openness. The proposed waiver will not affect the neighboring area, diminish the provision of public facilities, create an unsafe situation, or result in the granting of a special privilege. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. RECOMMENDATION By motion: 1. Approve the waiver to LDR Section 4.4.13(F)(1)(c), which requires a minimum floor height of 10 feet for ground floors (reduction to 7 feet 2 inches) and 9 feet for all other floors based on positive findings with LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR CLASS IV SITE PLAN MODIFICATION FOR ATLANTIC OCEAN CLUB (FKA BOB'S FAMOUS BAR) 1. This waiver request came before the City Commission on March 16, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Atlantic Ocean Club (fka Bob's Famous Bar), located at the Northwest corner of East Atlantic Avenue and Railroad Avenue (217 & 219 East Atlantic Avenue). All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER TO MINIMUM FLOOR HEIGHT: Per LDR Section 4.4.13(F)(1)(c), a minimum floor height of 10 feet is required for ground floors and 9 feet for all other floors. Due to the introduction of the mezzanines, the minimum ground floor height of 10 feet is not achieved and a reduction to seven feet two inches (7'2") is requested. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 4.4.13(F)(1)(c) to allow a reduction in the minimum ground floor height from ten feet (10') to seven feet two inches (7'2") meet all the requirements of 2.4.7(8)(5)? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.4.13(F)(1)(c). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 16th day of March, 2010, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 SITE PLAN REVIEW AND APPEARANCE B®ARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE, February 24, 2010 AGENDA ITEM: Iv.E. ITEM: Class IV Site Plan Modification Associated With The Conversion Of An Apartment To Office Space, Construction Of 924 Square Feet Of Mezzanine, Conversion Of 1,249 Square Feet Of Restaurant To Office, And Construction Of 891 Square Feet Of Additional Restaurant Area On The Third Floor, Located At The Northwest Corner Of East Atlantic Avenue And Railroad Avenue. GENERAL DATA: Owner/Applicant ..................... Capital Hotels and Suites Agent ................................ Currie Sowards Aguila Architects Location .................................. Northwest Corner of East Atlantic Avenue and Railroad Avenue. Property Size .......................... 0.19 Acres FLUM Designation .................. CC (Commercial Core} Existing Zoning ....................... CBD (Central Business District) Adjacent Zoning............North: CBD East: CBD South: CBD West: CBD Existing Land Use .................. Unoccupied 2-story building Proposed Land Use ................ Conversion of uses within the existing building together with the construction of 924 square feet of mezzanine and 891 square feet on the #hird floor. Water Service ......................... Existing on-site. Sewer Service ......................... Existing on-site. .E. 3RD ST. o = ~ o m ga zF Z ~ sr. o Z 2 \ ~ ~_ ATLANTIC A V E N U E 4 ~ 4 i SE. 1ST i3 w - N s.E zun ~~ ~ qq N 47 W lV.E. __ ITEM 'BEFORE' THE BOARD The action before the Board is that of approval of the following aspects of a Class IV site plan modification for the Atlantic Ocean Club (fka Bob's Famous Bar), pursuant to LDR Section 2.4.5(G}(1)(d}: ^ Site Plan Modification; and ^ Architectural Elevations. The subject property is located at the northwest corner of East Atlantic Avenue and Railroad Avenue immediately adjacent to the FEC (Florida East Coast} Railroad and is zoned CBD (Central Business District)[217 & 219 East Atlantic Avenue]. ;BACKGROUND The subject property consists of the east 10 feet of Lot 10, and all of Lot 11, Block 84, Town of Delray. The property was formerly occupied by the Richwagon Bicycle Shop and Power's Lounge, which were demolished. Construction of a subsequent (described below} two-story mixed-use development has been completed and has remained unoccupied. At its meeting of October 3, 2001, the Site Plan Review and Appearance Board approved the Class V site plan for Bob's Famous Bar. The approval included the demolition of the existing two-story building (Power's Lounge} and construction of a two-story 2,829 square foot restaurant along with the conversion of the one-story 1,800 square foot bicycle shop (Richwagon Bicycle Shop) to restaurant. This one-story building is located adjacent to the west side of the two-story restaurant and results in a single restaurant with a total of 4,629 total square feet of floor area. The site plan approval also included the construction of an apartment above the one-story building formerly occupied by the bicycle shop. It is noted that during the construction phase the Richwagon building was demolished and a new two- story building was constructed. The approval of the site plan has been extended three times following the initial approval, the most recent by the Site Plan Review and Appearance Board at its meeting of November 8, 2006. It is noted that the building permit has since been issued and the construction of the buildings have been completed. At its meeting of January 16, 2007, the City Commission approved the in-lieu parking fee for 6 parking spaces associated with the proposed conversion of the roof deck to a restaurant. At its meeting of March 6, 2007, the City Commission approved the in-lieu parking fee for one additional required parking space for the proposed conversion. A# its meeting of March 14, 2007, the Site Plan Review and Appearance Board approved the site plan modification associated with the 7 in-lieu parking spaces mentioned above. This site plan modification consisted of a 1,161 square foot restaurant on the third floor roof deck. It is noted that the improvements associated with the roof-top dining area were never constructed. A one space in lieu parking space was approved in 2008 to accommodate the elimination of one parking space due to the installation of a back flow preventer along the north side of the property. SPRAB Staff Report Atlantic Ocean Club {fka, Bob's Famous Bar) -Class IV Site Plan Modification and Building l~levations Page 2 At its meeting of February 16, 20'10, the City Commission approved an in-lieu of 11 parking spaces for the proposed modifications. A site plan modification application has been submitted for the conversion of floor area within the existing building between restaurant and office (including conversion of the apartment to office), and expansion of the restaurant use area on the roof deck. The site plan modification is now before the Board for action. PROJECT DESCRIPTION The development proposal involves the following: ^ Conversion of the 1,563 square foot second floor apartment above the old Richwagon's building to office space; ^ Construction of 924 square feet of mezzanine floor area; ^ Conversion of the 1,249 square foot second floor restaurant to office space; ^ Construction of 891 square feet of additional restaurant on the third floor; and ^ Installation of a new awning over the existing can washldumpster enclosure. The development proposal includes a waiver to the following section of the Land Development Regulations: A waiver to LDR Section 4.4.13(F)(1)(c), which requires a minimum floor height of 10 feet is required for ground floors and 9 feet for all other floors. SITE-= PLAN MODIFICATION ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Chapter 4.fi Supplementary District Regulations; Parking: Pursuant to LDR Section 4.4.13(G)(1 }(d}, the parking requirement for restaurants in the Central Business District is 6 parking spaces per 1,000 square feet of floor area. Further, per LDR Section 4.4.13(G)(1 }(g), the required parking for office uses is one parking space per 300 square feet of net floor area for the subject property. The required parking for the SPRAB Staff Report Atlantic Ocean Club {fka, Bob's Famous Bar) -Class IV Site Plan Modification and Building Elevations Page 3 new 924 square feet of mezzanine and 891 square feet of third floor restaurant area is 10.89 parking spaces. The conversion of the 2"d floor restaurantlaparkment to office results in the addition of 0.129 parking spaces. Thus, the proposed modifications result in the need for 11 new parking spaces (10.89 f 0.129 = 1'1.0'19). As noted in the background section of this staff report, the City Commission approved an in-lieu payment of 11 parking spaces associated with proposed modifications. Therefore, the parking associated with the modification has been accommodated via the in-lieu fee program. Building Setbacks: The following table indicates that the third floor building addition complies with LDR Section 4.4.13(F)(4) of the Central Business District {CBD} zoning district: I {required' Compliance with f~aadl % Building B~~ilding Proposed LDR Building Buiidir~g Frontage'- Required Frontage Building RequiCements? Heigh;( Se#iaack Side { n'lin/mgx) at' Frontage Atlantic A~renue 25' to .~ ~~. ~ _~ 48' -=1HV@nue ~ _`_ 25' to 12fi:52` 48' Lot -' __ FrnnfanQ_ Seti7ack Y H _ i 74% min. 15' min. 31.70' 36, min. 70% min. ~ 15' min. 88.56' 1113.52' min. „~ - WAIVER ANALYSIS Per LDR Section 4.4.13(F}{1)(c), a minimum floor height of 10 feet is required for ground floors and 9 feet for all other floors. Due to the introduction of the mezzanines, the minimum floor height of 10 feet is not achieved. The applicant has submitted the fol{owing verbatim narrative in support of the waivers: "...In reviewing the LDR's, we were unable to find any reference to or definition of a mezzanine. The 2007 Florida Building Code defines a mezzanine as an intermediate level between the floor and ceiling, and fhat such mezzanines shall not contribute to either the building area or number of stories. In this case, the area in question relates to an internal balcony over booth seating area, the restrooms, and the kitchen and fhe perception of the space once you enter from the street is of a space ranging from 10'-2" at the entry foyer to 94'-4"just beyond. The mezzanines are fo the sides of fhe space and are made of two-inch (hick steel decking material and open cable railings allowing full view from the space below. Not having fhese mezzanine SPRAB Staff Report Atlantic Ocean Club (fka, Bob's Famous Bar) ~- Class IV Site Plan Modification and Building Elevations Page 4 areas will dramatically change the proposed operation and internal aesthetics intended by our client..." Pursuant to LDR Section 2.4.7(B}(5), prior to granting a waiver, the approving body steal[ make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver Analysis: The purpose of the floor height is to provide consistency in the downtown and to ensure that quality development occurs. The existing first floor of the building was constructed with a clearance up to 14.33 feet. While the proposed mezzanines restrict the building from achieving a floor height of 10 feet for the entire first floor, they do not substantially detract from the quality and feeling of openness. The proposed waiver will not affect the neighboring area, diminish the provision of public facilities, create an unsafe situation, or result in the granting of a special privilege. Accordingly, a positive finding with respect to LDR Section 2,4.7(B)(5), Waiver Findings can be made. Technical Items; While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to issuance of a building permit. 1. That signage is not reviewed or approved as part of the site plan process. A separate sign permit must be submitted and approved separately. 2. That a traffic statement is submi#ted prior to certification of the site plan. ARCHITECTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E}, the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1}The plan or the proposed structure is in confiormity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. SPRAB Staff Report Atlantic Ocean Club (fka, Bob's Famous Bar) -Class IV Site Plan Modification and Building Elevations Page 5 (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The modifications to the building elevations include an enclosed restaurant on the third floor and outdoor seating area covered wi#h a red canvas canopy to match the existing awnings along the south side of the building. The building addition is a nondescript style that has a slanted sfianding seam metal roof. It is noted that the existing building is split into two distinct styles with the western portion containing an Art Deco interpretation and the eastern portion containing an American Southwest influence. While the proposed third floor addition will be largely screened from Atlantic Avenue by the extended parapet and buiCding setback, the eastern elevation will be visible to west-bound travelers. The building addition will painted to match the off-white primary wall color of the existing building. If the Board judges that the building addition is harmonious with the architecture of the existing building, a positive finding with respect to LDR Section 4.6.18{E} can be made. REQUIRED FINDINGS ._ ,:. Pursuant to Section 3.1.1 (Required Findings}, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 [A) -Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core) and a zoning designation of CBD (Central Business District). The CBD zoning district is consistent with the Commercial Core Future Land Use Map designation. Pursuant to LDR Section 4.~I.13(B), offices and restaurants are allowed within the CBD zoning district as permitted uses. Based upon the above, i# is appropriate to make a positive finding with respect to the Future Land Use Map. Section 3.1.1iB1 -Concurrence: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, schools, and solid waste. Section 3.1.1 C -Consistent Standards for Site Plan Actions : As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. SPRAB Staff Report Atlantic Ocean Club (fka, Bob's Famous Bar) - Class N Site Plan Modification and Building Elevations Page 6 Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, provided the conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy are noted: Future Land Use Element Objective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea", The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida", The following policies and activities shall be pursued in the achievement of this objective: Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ Deletion of inappropriate uses; ^ Incentives for locating retail on the ground floor with office and residential use on upper floors; ^ Accommodating parking needs through innovative actions; ^ Incentives for dinner theaters, playhouses, and other family oriented activities; ^ Allowing and facilitating outdoor cafes; ^ Incentives for mixed use development and rehabilitation, ^ Elimination of side yard setback requirements; and ^ Allow structural overhang encroachments into required yard areas. The intent of the CBD district regulations are #o facilitate the development of the downtown with a mix of uses, which include pedestrian-oriented retaillrestaurant activities on the ground floor (particularly along Atlantic Avenue) and office and residential uses on the upper floors, While the proposed third floor restaurant expansion is not encouraged by this policy, it is not prohibited by the Land Development Regulations. Further, the conversion of the second floor apartment to office is consistent with this Policy. As noted in the background section of this report, innovative action was taken by the City Commission to grant 11 additional in-lieu parking spaces for this proposed site plan modification. Based on the above, the proposed development substantially fulfills the objective of the CBD zoning district to encourage the revitalization of the downtown area to improve the reputation of Delray Beach as "A Cifiy Set Apart In South Florida." The development proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. SPRAB Staff Report Atlantic Ocean Club (fka, Bob's Famous Bar) -Class IV Site Plan Modification and Building Elevations Page 7 Section 2.4.5(F](5} (Site Plan Findings}: Pursuant to Section 2.4.5{F)(5) (Findings), in addition to provisions of Chapter Three, the approving body must make a finding that the development of the property pursuant to the site plan will be compatible and harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north, south, east and west by the CBD (Central Business District) zoning district. The surrounding land uses are: The Ocean City lumber Mixed-Use Complex to the north; City Oyster Restaurant to the west; Johnnie Brown's Restaurant to the east; and Vic and Angelo's Restaurant to the south. Compatibility is not a concern, as similar uses exist on the surrounding properties. The proposed conversion of the roof deck to restaurant area will not significantly affect the originally approved plan for the restaurant. The parking associated with this conversion is being accommodated via the in-lieu parking fee program. -- ,_REVIEW BY OTHERS Down#own Development Authority (DDA}: The DDA considered the site plan modification at its meeting of January 11, 2010 and recommended approval. Communit Redevelo ment A enc CRA The CRA considered this project at its meeting on January 28, 2010 and recommended approval. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: - Neighborhood Advisory Council - Chamber of Commerce - Progressive Residents of Delray Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board meeting. ASSESSM-:ENT AND CONGLU;SION The proposed modification includes the construction of an additional 891 square feet to the roof-top restaurant, construction of 924 square feet of mezzanine to the first floor restaurant, and the conversion of apartment to office and restaurant to office. The SPRAB Staff Report Atlantic Ocean Club (fka, Bob's Famous Bar) -Class lV Site Plan Modification and Building Efe~ations Page 8 proposed modification will have an insignificant impact on the surrounding area. The proposal is consistent with LDR Section 3.1.1 and Section 2.4.5(F)(5) of the Land Development Regulations. Compliance with the Land Development Regulations will be obtained provided the conditions of approval are addressed. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the waiver, Class IV site plan modification, and architectural elevations for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 2.4.7(B)(5), 3.'1.1 (Performance Standards) and Section 2.4.5(F)(5) (Findings) of the Land Development Regulations subject to conditions. C. Move denial of the waiver, Class IV site plan modification, and architectural elevations for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Section 2.4.7(B)(5), 3.1.1 (Performance Standards) and Section 2.4.5(F)(5) (Findings) of the Land Development Regulations. STAFF RE'COMmENDATION By Separate Motions: Waivers: 1. Recommend to the City Commission approval of a waiver to LDR Section 4.4.13(F)(1)(c), which requires a minimum floor height of 10 feet for ground floors and 9 feet for all other floors based on positive findings with LDR Section 2.4.7(8)(5). Site Plan: Move approval of the Class IV site plan modification for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding that the modification is consistent with Section 3.'1.1 (Performance Standards), Section 2.4.5(F)(5) (Findings), subject to the following condition: Address all Site Plan and Engineering Technical Items and submit three copies of the revised plans. 2. That the applicant enters into the In~Lieu of Parking Fee Agreement prior to issuance of a building permit. SPRAB Staff Report Atlantic Ocean Club (fka, Bob's 1ramous Bar) -Class IV Site Plan Modification and Building Elevations Page 9 Elevations: Move to approve the building elevations for Atlantic Ocean Club, by adopting the Endings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.1$(E) of the Land Development Regulations. Attachments: • Appendix A • Appendix B • Proposed Site Plan and Building Elevations Report prepared by: Scott Pape, AICP, Senior Planner APPENDIK A C_ONCURRENCY FINDINGS Pursuant to Section 3.1.1[B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capi#al improvements for the following areas. Water and Sewer: ^ Water service is provided via a service lateral connection to the existing 8" main within the E. Atlantic Avenue right-of-way. ^ Sewer service is provided via a service lateral connection to the existing 8" sewer main within the 16' eastlwest alley on the north side of the property. ^ Adequate fire suppression exists via an existing fire hydrant at the northeast corner of Pineapple Grove Way (NE 2"d Avenue) and E. Atlantic Avenue. No water or sewer main extensions andlor upgrades are required with this development. Pursuant to the Comprehensive PEan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The proposed modification will result in a minor increase to trips generated by the property. The minor increase in trip generation will have an insignificant impact on the surrounding road network. A technical comment is attached that the applicant submits a traffic statement prior to certification of the site plan. The subject property is located within the TCEA {Traffic Concurrency Exception Area}, which encompasses the CBD (Central Business District), OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Adequate capacity exists on adjacent roadways to handle the additional traffic. Parks and Recreation Facilities. The proposed development will have no impact on this level of service since there is no residential component to the development. Solid Waste: The solid waste generation of the 1,815 square feet of new restaurant area, the conversion of the 1,563 square foot apartment to office, and the 1,249 square fioot conversion of restaurant to office results in the additional generation of 12.65 tons of solid waste per year. The proposed modification will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. SPRAB Staff Report Atiantic Ocean Club {fka, Bob's Famous Bar) -Class IV Site Plan Modification and Building Elevations Page 11 ©rainaae: Drainage will be accommodated by an exfiltration system. There are no problems anticipated in complying with SFWMD requirements and obtaining the required surface water permit. Based upon the above positive findings may be made with respect to this level of service standard. Schools: The project contains no residential component. Therefore, school concurrency is not applicable _ :STANDARDS! 'PENDIX'B -`R SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare] shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shalt be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Elemen#. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, if it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent 1=. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shat! be accomplished through the implementation of policies under Objective B-Z of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages, This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent CITY ATrORNE"} 8U1LDlNG L.K. CITY HALL CENTER JR. pR. LLJ H Z W Q N.W. 1 5T 5T . A T L A N Q a S.E. N ~i vi ST. S.E. 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In reviewing the LDR's, we were unable to find any reference to or definition of a mezzanine. The 2007 Florida Building Code defines a mezzanine as an intermediate level between the floor and ceiling, and that such mezzanines shall not contribute to either the building area or number of stories. In this case, the area in question relates to an internal balcony over booth seating area, the restrooms, and the kitchen and the perception of the space once you enter from the street is of a space ranging from 10'- 2" at the entry foyer to 14'-4" just beyond. The mezzanines are to the sides of the space and are made of two-inch thick steel decking material and open cable railings allowing full view from the space below. Not having these mezzanine areas will dramatically change the proposed operation and internal aesthetics intended by our client. The granting of this waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not result in granting of special privilege as this is an internal situation not affecting the public-at-large. A check in the amount of $140.00 is attached. Sincerely, CURRIE SOWARDS AGUILA ARCHITECTS Jose N. Aguila, AIA LEED AP Principal AIA FLORIDA FIRM OF THE YEAR 2000 Architecture • Planning • Interior Design • #AA26001584 134 Northeast First Avenue • Delray Beach, Florida 33444 •561-276-4951 • Fax: 561-243-8184 • www.csa-architects.com MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 9, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 CONDITIONAL USE REQUEST/CHASE BANK ITEM BEFORE COMMISSION Consideration of a conditional use request to establish a 4,214 square feet bank building (Chase Bank) with drive-thru facilities on a vacant tract at the NW corner of NE 6th Avenue and NE nth Streetpursuant to LDR Section 2.4.5(E). Pursuant to LDR Section 4.4.13(D)(4), the use falls within the category of Financial Institutions, e.g., banks and similar institutions, and thus requires conditional use approval. BACKGROUND The development proposal includes Tract "C" of the Centres Delray Beach, according to the Plat recorded in Plat Book 112, Page 136 of the public records of Palm Beach County. The property is a portion of a larger site recently developed with a CVS pharmacy. This portion of the site measures 1.31 acres and is located at the northwest corner of NE 6th Avenue and NE 7th Street. The property has a Future Land Use Map designation of CC (Commercial Core), is zoned CBD (Central Business District) and is currently vacant. At its meeting of September 10, 2008 the Site Plan Review and Appearance Board approved the site plan for the CVS (Tract `B"), and included a 1.31 acre vacant sodded parcel (Tract "C") on the southeast side of the property. The applicant is seeking conditional use approval pursuant LDR Section 4.4.13 (D)(4) to allow the construction of a Chase Bank on Tract "C". REVIEW BY OTHERS At its meeting of January 14, 2010, the Community Redevelopment Agency (CRA) reviewed the Chase Bank proposal and recommended approval. On March 15, 2010, the Planning and Zoning Boardwill hold a public hearing in conjunction with the conditional use request and the results of this meeting will be reported at the March 16, 2010 City Commission meeting. Additional background information and full analysis of the proposal can be found in the original Planning and Zoning Board staff report, dated March 15, 2010. RECOMMENDATION Approve the Conditional Use request to establish a financial institution with adrive-thru facility, to be known as Chase Bank, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations, Section 2.4.5(E)(5), Section 4.4.13 (D)(4), and Chapter 3 (Consistency) of the Land Development Regulations, subject to the following condition: Approval of a site plan by the Site Plan Review and Appearance Board (SPRAB) that is in general conformance to the submitted site plan and addresses the conditions of approval attached in the Planning and Zoning Board staff report. Attachment: Planning and Zoning Board Staff Report Dated March 15, 2010 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE ESTABLISHMENT OF A FINANCIAL INSTITUTION (CHASE BANK) WITH DRIVE-THRU FACILITY WITHIN THE CBD (CENTRAL BUSINESS DISTRICT) TO BE LOCATED AT THE NORTHWEST CORNER OF NE 6T" AVENUE AND NE 7T" STREET 1. This conditional use request has come before the City Commission on March 16, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Chase Bank. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: Pursuant to LDR Section 4.4.13(D)(4), the use proposed falls within the category of Financial Institutions, e.g. banks and similar institutions, and thus, requires conditional use approval. A. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met subject to the attached condition? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to condition of approval attached hereto. The City Commission hereby adopts this Order this 16th day of March 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 CONDITION OF APPROVAL FOR THE ESTABLISHMENT OF A FINANCIAL INSTITUTION (CHASE BANK) WITH DRIVE-THRU FACILITY WITHIN THE CBD (CENTRAL BUSINESS DISTRICT) TO BE LOCATED AT THE NORTHWEST CORNER OF NE 6T" AVENUE AND NE 7T" STREET 1. Approval of a site plan by the Site Plan Review and Appearance Board (SPRAB) that is in general conformance with the conditional use sketch plan request and addresses the conditions of approval attached in the staff report; 2. That the applicant needs to depict the correct height of the architectural elevations and depict the finished grade level established from the mean elevation of the crown of the adjoining streets and then measure the height of the building including this finished grade. Pursuant to LDR Section 4.3.4(J)(2)(b), for buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets; 3. That the applicant needs to provide a dumpster enclosure detail which indicates dimensions, screening, and materials proposed, and vision obscuring gates to be provided. Recyclable bins need to be depicted; and 4. That the applicant, in coordination with the City Engineer, shall contribute to the Federal Highway Beautification Program prior to issuance of a building permit. This contribution is evaluated to be $93 per lineal feet. This project has 356 lineal feet for a required contribution of $33,108 dollars. 3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- iVIEETING DATE: March 15, 2010 ITEM: Conditional use request to establish a 4,214 sq. ft. bank with four drive-thru lanes and 26 parking spaces known as Chase Bank, The property is located at the Northwest corner of NE Gt" Avenue and NE 7t" Street.. GENERAL DATA: Applicant ................. . .......... Agent ........................................ Location .................................... Property Size ............................ Future Land Use Map ............. Current Zoning .......................... Adjacent Zoning ..............North: East: South: West: Existing Land Use ..................... Proposed Land Use .................. Water Service ........................... Sewer Service .......................... awesome Bohler Engineering, LLC Mark Rickards Northwest corner of NE 6~" Avenue and NE 7f". Street. 1.31 Acres CC {Commercial Core) CBD {Central Business District} CBD (Central Business District} CBD (Central Business District} CBD (Central Business District} RO {Residential Office) Vacant Chase Bank The property is currently served by a 6" water main located along NE 8t" Street r-o-w. Sewer service is currently provided via a service lateral connection to an existing 8" sewer main bcated along the NE 7t" Street r-o-w. N.E. 141Fi ST. ~z~ s r ~~N ,- L V,A. ~~ ITEM BEFORE THE: BOARD The action before the Board is that of making a recommendation to the City Commission on a request for Conditional Use approval to establish a Chase Bank, with drive-thru facility in the CBD (Central Business District) pursuant to LDR Section 4.4.13 {D)(4). The subject property is located at the northwest corner of NE 6th Avenue and NE 7th Street. BACKGROUND The development proposal includes Tract "C" of the Centres Delray Beach, according to the Plat recorded in Plat Book 112, Page 136 of the public records of Palm Beach County. The subject property is a portion of a larger site recently developed with a CVS pharmacy. This portion of the site measures 1.31 acres and is located at the northwest corner of NE 6th Avenue and NE 7th Street. The property has a Future Land Use Map designation of CC {Commercial Core} and is zoned CBD (Central Business District) and is currently vacant. At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with a rezoning request for the subject property. The Board unanimously voted 5T0 to recommend approval to the City Commission of the rezoning from GC (General Commercial) and AC (Automotive Commercial} to CBD {Central Business District), for properties located between NE 4th Street and George Bush Boulevard and extending from the FEC Railroad to approximately 'h block east of NE 6th Avenue excluding the properties occupied by Acura of Delray Beach. At its meeting of December 5, 2006 the City Commission approved the rezoning from GC (General Commercial) and AC (Automotive Commercial} to CBD (Central Business District), for those properties. At its meeting of February 20, 2D08 the Site Plan Review and Appearance Board reviewed and approved a Class V site plan, landscape, and architectural elevations associated with a special parking reduction reques# and the construction of a 19,000 sq. ft. Oftice Depot and a 13,012 sq. ft. CVS Pharmacy. The parking reduction was not approved by the City Commission and the project was later revised to eliminate the 19,OD0 sq. ft. Office Depot Building and to retain a portion of the area as a vacant sodded parcel. At its meeting of September 10, 2008 the Site Plan Review and Appearance Board reviewed and approved a Class V site plan and landscape plan associated with the balance of the site for a 15,266 sq. ft. CVS (Tract "B"), access points, and adjacent parking, which included a vacant sodded parcel for future development. The applicant is seeking conditional use approva! pursuant LDR Section 4.4.13 {D}{4) to allow the construction of bank known as Chase Bank on Tract "C" {sodded parcel). Based on Land Development Regulations (LDR) Section 4.4.13 {D)(4), financial institutions, e.g., banks and similar institutions including drive through facilities are allow as a conditional use pursuant to restrictions set forth in Section 4.4.13(H)(1). This conditional use application is now before the Board for considers#ion. PROJECT DESCRIPTION The request is to build 4,214 square feet bank building (Chase Bank) space with drive-thru facilities in a vacant tract at the NW corner of NE 6th Avenue and NE 7th Street. Four drive- through lanes and an ATM teller machine facility will be provided. The tract has been vacant since Planning and Zoning Board Staff Report: Meeting 03/95/10 Conditional Use Approval -Chase Bank Page 2 the Chrysler auto dealer left the site in early 2009. The use falls within the category of Financial Institutions, e.g., banks and similar institutions, and requires conditional use approval pursuant to LDR Section 4.4.13(D)(4}. The business will have operating hours from 8:30 am to 6:00 pm Monday -Friday and 8:30 to 1:00 p.m. on Saturdays. The bank will be closed on Sundays. There will be seven (7) employees. CONDITIONAL USE ANALYSIS REQUIRED FINDINGS. [Chapter 3]: Pursuant to LDR Section 3.1.1 {Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning dis#rict must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core} and a zoning designation of CBD {Central Business District). The zoning district is consistent with the Commercial Core Future Land Use Map designation and the proposed use is listed as a Conditional Use in the CBD district [LDR Section 4.4.13 (D)(4}] and is subject to restrictions set forth in LDR Section 4.4.13 (H}(1). These restrictions are discussed under the LDR compliance section of this report. CONCURRENCY: Facilities which are provided by, or through, the Ci#y shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. E Water. The property is currently served by an 8" water main located along NE 8t" Street r-o-w. Sewer: The property is currently served by an 8" sewer main located along NE 7t" Street r-o-w Adequate fire suppression is provided via two fire hydrants located along NE 7t" Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build- out. Based upon the above, positive findings can be made with respect to these level of service standards. Traffic: The subject property is zoned CBD {Central Business District) and is located on the northwest corner of NE 6i" Avenue and NE 7t" Street. The site in question is a portion of an overall 2.32 acre property containing a CVS Building (Tact "B") located in the northwestern portion of the site and an existing vacant site {Tact "C") located in the southeastern portion of the site. The proposed Chase Bank will contain 4,214 sq. ft., and four drive-thru lanes. The building fronts on NE 6t'' Avenue with access driveways from both right-of-ways, NE 6t" Avenue and NE 7~" Street. The trip generated by the proposed bank facility will be 371 ADT (Average Daily Trips} with 18 morning peak hour trips and 36 afternoon peak hour trips. Adding the CV5 pharmacy and drive-in bank together and applying credit for the previously approved existing car dealership (641 ADT) resulting in an increase of approximately 383 ADT and one morning peak hour trip and Planning and Zoning Board Staff Report: Meeting D3/15/10 Conditional Use Approval -Chase Bank Page 3 will generate a total of 65 afternoon peak hour trips for the entire site. This traffic impact on the adjacent network road meets traffic standards of the Palm Beach County Traffic Division. A traffic concurrency letter indicating that the proposed bank meets the traffic standards of Palm Beach County has been provided, and thus, traffic concurrency has been met. Parks: Parks dedications do not apply to nonresidential developments. Solid Waste: Expected solid waste generation for the proposed bank building is 7.79 tans (4,214 x 3.7 = 15,591.8 pounds 12,000 pounds = 7.79 tons}. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. The proposed use will not have an impact on the City's ab'llity to provide adequate levels of service (i.e. water, sewer, drainage, traffic, and solid waste). Based upon the above, a positive finding can be made with respect to concurrency. CONSISTENCY: Compliance with performance standards set required findings in LDR Section 2.4.5{E}(5} for the Conditional forth in Chapter 3 and Use request shall be the basis upon which a finding of overall consistency is to be made. policies found in the adopted Comprehensive Plan may be used i overall consistency. Other objectives and n making a finding of A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Pursuant to Comprehensive Plan Future Land Use Element Policy C-4.1, the intent of the CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall at a minimum address several items; including provide incentives for local retail on the ground floor with office and residential use on the upper floors. While the use may be a[lowed in the district it is limited to being a Conditional Use rather than a permitted use. This is because the use is not appropriate in all locations within the CBD district. Future Land Use Element Policy C-4.1: The Central Business District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: Deletion of inappropriate uses. ^ Incentives for locating retail on the ground floor with office and residential use on the upper floors. ^ Accommodating parking needs through innovative actions. ^ Incentives for dinner theaters, playhouses, and other family oriented activities. ^ Allowing and facilitating outdoor cafes. ^ Incentives for mixed use development and rehabilitations. ^ Elimination of side yard setback requirements. ^ Allow structural overhang encroachments into required yard areas. This Comprehensive Plan Policy specifically refers to the CBD district regulations. The intent of the CBD district regulation is to facilitate the development of the CBD district with a mix of uses which include pedestrian oriented activities on the ground floor particularly along Atlantic Avenue with office and residential in the upper floor. Banking facilities in the CBD zoning district are allowed as conditional uses because they are not appropriate in all areas of the CBD. Future Land Use Element Policy C-4.1 states that the Central Business District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the deletion of inappropriate uses. The previous car dealership business can be considered an inappropriate use in the CBD district which has been deleted with the redevelopment of the site. Planning and Zoning Board Staff Report: Meeting 03/15/10 Conditional Use Approval -Chase Bank Page 4 Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and compiles in Perms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The project has been designed with an attempt to comply with the Downtown Design Guidelines. The proposed bank building is not necessarily the type of buildings that can be designed to comply with the stepping back frontage required in the Downtown Design Guidelines. However, the applicant is requesting a waiver to the frontage required by the design guidelines which is discuss later on in this report. The applicant has proposed a decorative wall combined with a trellis and picket fence system that creates the image of a decorative frontage in-lieu of what is required. A similar approach was proposed and approved for the CVS Pharmacy on the balance of the site. Since the adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat seasonally oriented shopping area to a more dynamic and vibrant retail, service, and entertainment area with an active nightlife. A critical housing and mixed-use element has been slowly added to the downtown area. The proposed Chase Bank development will help to fulfill the need of retail and commercial services required by the adjacent office, mixed-use, and residential areas. Therefore the proposed development will be complimentary to adjacent land uses. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies, Housjng Policv A-12.3; In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatjvely impact the safety, habitability and stability of residential areas. If it is determined that a proposed developmen# will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the incorporation of this development will aid in the economic stability of the downtown area. The introduction of the financial institution will also likely improve the safety of the area by introducing more daytime activity and mare "eyes on the street" to observe what is happening in the area, which will be a deterrent to criminal activity. While the development proposal will result in the generation of 371 ADT (Average Daily Trips) with 18 morning peak hour trips and 36 afternoon peak hour trips onto the surrounding roadway network, the number of additional trips will not negatively impact the area. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. Transportation Element Policv D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the 7CEA Area. The development proposal has accommodated a bicycle parking facilities on the site. This facility has been located in close proximity to the entrance of the Bank, and thus, the proposal meets the requirement of Transportation Element Policy D-2.2 of the Comprehensive Plan. Planning and zoning Board Staff Report: Meefing 431151'[0 Conditional Use Approvai -Chase Bank Page 5 SECTION 2.4.5[E} REQUIRED FINDINGS: (Conditional Use] Pursuant to Section 2,4.5(E}(5} {Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. Banking facilities in the CBD zoning district are allowed as conditional uses because they are not appropriate in all areas of the CBD. One of those areas is along Atlantic Avenue were the emphasis is on retail and restaurant uses on the ground floor. Chase Bank will be located at the northwest corner of NE 0th Avenue and NE 7th Street just south of George Bush Boulevard. The establishment of a Bank use at the proposed location is therefore not a concern and is not in conflict with the City's efforts to have a pedestrian friendly streetscape in the CBD district. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a site plan was submitted which has been reviewed by staff. Based upon staff's review of the site plan and site inspections, the following has been noted. Parki_ngReguirements: Pursuant to LDR Section 4.0.9(C)(4)(a), business and professional offices shall provide 3.5 parking spaces per 1,000 sq. ft. ofi gross floor area in buildings greater than 3,000 sq. ft. The 4,214 square foot bank is required to provide 15 parking spaces and 26 parking spaces are provided, thus, this LDR requirement has been met. It is noted that with the recorded Plat for the subject property which includes the CVS building located in the northern portion of the site, a cross access and shared parking agreement were also recorded. Therefore the excess parking spaces will be available for CVS Pharmacy customers. Handicap Accessible Parking: Pursuant to LDR Section 4.0.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Cade for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA requirements for non- residential commercial properties require a number of parking spaces based on the number of overall spaces provided, versus the number of spaces required. In short, the code requires 1 ADA compliant space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 spaces up to 200, etc. The existing development currently provides 24 regular parking spaces and 2 handicap parking spaces, thus exceeding the code requirement. LDR Section 4.3,4[K} -Development Standards Matrix: The following table indicates that the development proposal meets the requirement of LDR Section 4.3.4{K}. However, the proposed development does not meet the requirements of LDR Section 4.4.13(F) (Design Requirements) as they pertain to the Central Core area of the CBD zoning district. The applicant has requested a waiver to these requirements. Analysis of the requested waiver is discussed later in this report. Planning and Zoning Board Staff Report: Meeting 03/15/10 Conditional Use Approval -Chase Bank Page 6 Burldinq Setbacks (min.}: Front (North) 0' 110.0' Rear (South) 10' 35.8' Side Street (East) 10' 17.88' Side Street (West) 0' 275.0' Bu iidina Height: 48' 30.5' O ep n Space: 10% * 15°1° * Pursuant to LDR Section 4.4.13(F}(2), a minimum of 10% non-vehicular open space shall be provided; however, within those sections of the CBD zoning district located within the Pineapple Grove Main Street area and east of the Intracoastal Waterway, there shall be no minimum open space requirement. The project is located outside this section of the CSD district, and thus, requires a 10% non-vehicular open space Building Frontage and Front Setbacks: Pursuant to LDR Section 4.4.13(1=)(4}(b) and (c}, building frontage and setbacks for properties fronting an NE 6th Avenue and for buildings fronting in other rights-of-way the proposed development is required to comply with the following requirements: Chase Ban1C Building R ad! B ildi Required P Corn o Buildinrl % u ng Required Building roposert w/LDR? Building Heighf Frontage Setback Frontage Building Side (rninlmax} - Frontage r at Setback= r -= Y NE 6m 'Finished rode to 70% / 90% 10' max 140' / 180' 0' ~ /venue 37, 200' Lot Remaining ~ 1=rontage length 15' min. 60' 120' 68' -- Chase Bank Buildin - g - -- Road) Building % Building Required Required Building proposed wl LDR? Building Height Fronfage Setback Frontage Building Side (minlmax) Frontage at 5ethack . Y N Other Finished 70% 190°1° 10' max 151' 1194' 0' ~` I r R-~ ~ grade to NE 7#h S e 25' 216' Lot Remainin tr et .Frontage g length 15' min. fi5' 122' 62 ~ Planning and Zoning 13aard Staff Report: Mee#ing D3115110 Conditional Use Approval -Chase Bank Page 7 The table above indicates that the proposed development does not meet the requirements of the LDR Section 4.4.13(F)(4)(b) and (c). The applicant has requested the following waivers: Waiver #1: Waiver request to LDR Section 4.4.13(F) (4)(b) and (c): Along NE 6t" Avenue: The required building frontage along NE 6~" Avenue setback at 10' or less needs to be between a minimum of 140' (70% of the lot frontage 200'x0.70=14D') and a maximum of 18D' (90% of the lot frontage 200'x0.90=180). The applicant is proposing 0' building frontage setback at 10' or less. Thus, the waiver request is to reduce the required building frontage setback at 10' or less from a minimum of 140' to D'. This waiver will allow the building setback to increase from the required 1 D' to a maximum building setback 18'. Waiver #2: Waiver request to LDR Section 4.4.13(F) {4)(b) and (c}: Along NE 6t" Avenue: • The remaining length of_the building frontage along NE 6t" Avenue setback at 15' or more needs to be between a minimum of 20' (20'+18D'=200') and a maximum of 6D' (60+140200'}. The applicant has proposed a remaining building frontage of 68'. Thus, the waiver request is to increase the remaining length of the building frontage at 15' or more from 60' to 68'. Waiver #3' Waiver request to LDR Section 4.4.13(F) (4){b) and (c): Along NE 7i" Street: • The required building__fron#age along NE 7~" Street setback at 1D' or less needs to be between a minimum of 151' (7D% of the lot frontage 216'xD.7D=151'} and a maximum of 194' (90% of the lot frontage 216'x0.90=194}. The applicant is proposing D' building frontage setback at 1D' or less. Thus, the waiver request is to reduce the required building frontage setback at 1D' or less from a minimum of 151` to 0'. This waiver will allow the building setback along NE 7t" Street to increase from a maximum of 1 D' to a maximum building setback 36'. Waivers Analysis: Pursuant to LDR Section 2.4.7(B} (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification with regard to the waiver requests: Planning and Zoning Board Staff Report: Meeting 03/15/10 Conditional Use Approval -Chase Bank Page 8 "The Central Business District requires al! buildings to be placed in close proximity to rights of way, to encourage pedestrian access and to foster a uniform streetscape along major thoroughfares. While fhe code encourages a maximum setback of 70; the ultimate design and placement of the bank was based on two principles. First, drive-thru lanes configuration with adequate stacking and by pass lanes resulted in a north to soufh queue. Vehicles entering fhe drive-fhru and finishing their transaction at the point of service must be able to Earn safely fo exit the sife. This turning movement creates fhe minimum setback fo the soufh (IVE ~h Street) of 35.8 feef recognizing the need to pull the building mass closer to the street, a pedestrian plaza area has been proposed, creating a tower feature and public use area that accomplishes fhe intent of fhe code provisions.." The site is constrained by the fact that it is bounded by three roadways. The frontage along 6'" Avenue and 7t" Street present limitations to accommodate the required building frontage and the ingresslegress driveway on the site. The drive-thru lanes proposed location and configuration with adequate stacking and by pass lanes resulted in a north to south queue which in turn impacted the maximum setback required along NE 7t" Street. The east setback to NE 6t" Avenue is a 10 foot maximum, but an existing sewer main and utility easement are in place along the eastern 10 feet of the site. City Engineer requires that the building be set back at least 10 feet from the sewer main location. Placing the building at a 10 feet offset from the sewer main itself to allow for maintenance and repairs resulted in the proposed east building setback of 18' from east property line. The CBD District Design Guidelines are geared mostly towards the design of mixed-use and residential buildings in the downtown Care area as Hated above. The Chase Bank building (drive thru component) would be operationally unfeasible if the required building frontages were imposed. Further, the required setbacks cannot be accommodated along the east elevation given the utility conflict. Under these circumstances the waivers can be supported. The applicant has attempted to meet the intent of the code via provisions of a decorative wall along NE 7t" Street and NE 6t" Avenue creating the sense of urbanized downtown development which is the intent of the CBD District Design Guidelines. The waivers will not adversely affect neighboring properties ar diminish the provision of public facilities. The waivers would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). Special Landscape Setback: Pursuant to LDR Section 4.3.4(H){6)(b}, a 10' special landscape setback applies where no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the firontage. Further, LDR Section 4.3.4(H)(6}(b)(2} requires that along Federal Highway, double frontage lots up to 200' in depth require a 10' landscape setback {the property is considered double frontage}. The development plan complies with this requirement since a 17' landscape area has been provided along NE 6~" Avenue. Compliance along NE 5t" Avenue was provided with the development of CVS to the north. LDR Section 4.4.13 - Central Business District: Height: Pursuant to LDR Sec#ion 4.3.4(K), the maximum height of structures in the CBD zoning district is 48' and the minimum height is 25'. Pursuant to LDR Section 4.3.4(J){1), height is defined as the Planning and Zoning Board Staff Report: Meeting Q3115/'l0 Conditional Use Approval -Chase Bank Page 9 vertical distance from grade to the highest finished roof surface of a flat roof, or to the mean level between tie beam and ridge for gable, hip, or gambrel roofs. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. Applying 'the mean elevation of the adjoining streets', the proposed ban[c building is approximately 30.5' high. Thus, this LDR requirement has been met. Federal Highwav Beautification Program: Pursuant to LDR Section 6.1.2 and Section 5.1.3 (C}, the applicant, in coordination with the City Engineer, shall contribute to the cost associated with the installation of parallel parking spaces, landscaping and street lighting along Federal Highway (Federal Highway Beautification Program} prior to issuance of a building permit, and thus, this is attached as condition of approval. This is evaluated to be $93 per lineal feet. This project has 356 lineal feet for a required contribution of $33,108 dollars. Sidewalk Connection: A safe pedestrian flow to and from the bank building is imperative. Segregation of traffic and pedestrian flows are necessary to achieve safety. Therefore, an adequate sidewalk connection from the proposed parking areas to the main access of the bank shall be provided. The applicant has provided an extended pedestrian sidewalk connection from the two employee parking areas {located to the west of the drive-thru lanes) to the proposed sidewalk that runs along the north area parking lot and ends at the main entrance of the building. A concrete paver pedestrian crossing has also been accommodated to slow down traffic coming into the Drive-thru lanes and provide safety for pedestrians. Vehicular Stacking Distance for the Drive-thru Lane: Pursuant to LDR Section 4.6.9(D)(3)(c}(2), provisions must be made to provide for 100' of clear stacking from the first point of transaction for each lane of a drive-thru facility. The 160' of proposed stacking distance appears to be adequate and will accommodate approximately five cars. Thus, the project meets this LDR requirement. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect has been placed on the site plan, and thus, this LDR requirement has been met. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(A) {2), a 40' sight visibility triangle is required at the intersection of two or more public rights-of-way, {NE fit" Avenue and NE 7t" Street). The applicant needs to depict all visibility triangles in both the site plan and the landscape plan. The proposed building (gazebo) encroaches the visibility triangle at the intersection of NE 7t" Street and NE 6t" Avenue. The applicant has requested a waiver {waiver #4) to reduce the required visibility triangle at the intersection of NE 7t" Street and NE 6t" Avenue from 40' to 32' [LDR Section 4.6.14(A)(2)]. The following is an analysis of the waiver request: Waiver Analysis: Pursuant to LDR Section 2.4.7(B) (5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: Planning and Zoning Board Staff Report: Meeting D3/15110 Conditional Use Apprpval -- Chase Bank Page 10 (e) Shall not adversely affect the neighboring area; (f) Shall not significantly diminish the provision of public facilities; {g) Shall not create an unsafe situation; or {h} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Since traffic northbound on this one-way section of NE 6'h Ave. (Federal Highway), drivers coming from the west and taking a left turn on NE 6~h Avenue will not have any visibility obstruction, and thus, the reduction of the sight visibility triangle from 40' to 32' will not create an unsafe vehicular environment. Granting the requested waiver will not have an adverse affect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. Similar waivers have been approved for other projects in the CBD District, such as, 5t~' Avenue Flats, Cityscape, and Atlantic Shores. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) can be made. Refuse Enclosure: Pursuant to LDR Section 4.6.6{C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes a dumpster located on the southwest side of the subject property. A detail of the dumpster and area to accommodate recyclables bins needs to be provided, and thus this is attached as a condition of approval. Lighting: Pursuant to LDR Section 4.6.8, it is noted that the proposed photometric plan is consistent with the Illumination Levels and Uniformity criteria listed in LDR Section 4.f.8(A) (3). These criteria require a minimum average foot candle level of 1.0 and a maximum foot candle level of 12 {for commercial parking lots). Drive-thru requires by Code a max of 3Q Foot Candle illumination level and an average minimum of 3 Foot Candles illumination level. The photometric plan submitted is compliance with LDR Section 4.6.8(A) {3). The Florida Statutes do include certain requirements with regard to the lighting of automated teller machines {ATM), which have resulted in higher lighting levels than would be permitted under the aforementioned criteria. These requirements are as follows: • F.S. 655.962(?)(a): There shall be a minimum fen (90) candlefoof power where at the face of fhe automated teller machine and extending in an unobstructed direction outward five feet (5'}. ^ F.S. 655.962(9)(b): There shall be a minimum of two (2) candle foot power within 5Q' in all unobstructed directions from fhe face of the ATM. ^ F.S. 655.962(9)(c): There shall be a minimum of two (2) candle foof power in that portion of the defined parking area within 60' of the ATM. The applicant has provided a cut sheet detail of wall mounted light fixtures to be included in the elevations of the bank. Likewise, a detail of the canopy lighting has also been provided that demonstrates the lighting will be completely recessed into the canopy ceiling and that the fixture lenses are going to be flushed mounted to the ceiling. Planning and Zoning Board Staff Report: Meeting 03/15/10 Conditional Use Approval -Chase Bank Page 11 REVIEW BY OTHERS Community Redevelopment Agency (CRA] The CRA reviewed the conditional use request at its meeting of January 14, 2010, and recommended approval of the project. Public No#ice. Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: ^ Neighborhood Advisory Council Del Ida HOA ^ Palm Trail HOA Seacrest HOA ASSESSMENT AND CONCLUSION The conditional use request is to build a 4,214 square feet bank building (Chase Bank) in a vacant parcel as part of a larger development containing the existing CVS Pharmacy. Four drive- through lanes and an ATM teller machine facility will be provided. The site has been vacant since the Chrysler auto dealer left the subject property in early 2D09. The use falls within the category of Financial Institutions, e.g., banks and similar institutions, and requires conditional use approval pursuant to LDR Section 4.4.13(D)(4). The business hours will be 8:30 am to 6:00 pm Monday -- 1=riday and 8:30 to 1:00 p.m. on Saturdays. The bank will be closed on Sundays. There will be seven (7) employees. The conditional use request also includes the following waivers: Waiver #1: Waiver request to LDR Section 4.4.13{F) (4)(b) and (c}, along NE 6t~' Avenue: The required building fron#age along NE 6t~' Avenue setback at 10' or less needs to be between a minimum of 140' {70% of the lot frontage 200'x0.70=14D') and a maximum of 180' (90% of the lot frontage 200'x0.90=180}. The applicant is proposing 0' building frontage setback at 10' or less. Thus, the waiver request is to reduce the required building frontage setback at 10' or less from a minimum of 140' to 0'. This waiver will allow the building setback to increase from the required 10' to a maximum building setback 18'. Waiver #2: Waiver request to LDR Section 4.4.13(F) (4)(b} and (c) along NE 6ih Avenue: • The remaining length of,the building frontage along NE 6t'' Avenue setback at 15' or more needs to be between a minimum of 20' (20'+180'=200'} and a maximum of 60' (60+140=200'). The applicant has proposed a remaining building frontage of 68'. Thus, the waiver request is to increase the remaining length of the building frontage at 15' or more from 60' to 68'. Planning and Zoning Board Staf€ Report: Meeting 0311511 D Conditional Use Approval -Chase Bank Page 12 Waiver #3: Waiver request to LDR Section 4.4.130') (4)(b) and (c} along NE 7t" Street: The required building frontage along NE 7t" Street setback at 10' or less needs to be between a minimum of 151' (70% of the lot frontage 216'x0.70=151') and a maximum of 194' (90% of the lot frontage 216'x0.90=194). The applicant is proposing 0' building frontage setback at 10' or less. Thus, the waiver request is to reduce the required building frontage setback at 10' or less from a minimum of 151' to 0'. This waiver will allow the building setback along NE 7t" Street to increase from a maximum of 10' to a maximum building setback 36'. Waiver # 4: Waiver request to LDR Section 4.6.14{A){2), to reduce the required visibility triangle at the intersection of NE 7t" Street and NE 6t" Avenue from 40' to 32'. The proposed use is consistent with the policies of the Comprehensive Plan specifically with Future Land Use Element Objective A-1, Housing Objective A-12, Housing Policy A-12.3, and Future Land Use Element Policy C-4.1 and Chapter 3 {Consistency) of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. ALTERNATIVE ACTIQNS A. Continue with direction and concurrence. B. Move a recommendation of approval of the waiver requests and conditional use request to establish Chase Bank, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E} (5), 4.4.13{D)(4), and Chapter 3 of the Land Development Regulations, subject to conditions: C. Move a recommendation of denial of the waiver requests and conditional use request to establish Chase Bank, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan policies in particular Future Land Use Element Objective A-1, Housing Objective A-12, Housing Policy A-12.3, and Future Land Use Element Policy C-4.1 and does not meet criteria set forth in Sections 2.4.5(E} {5) and Chapter 3 (Consistency) of the Land Development Regulations. RECQMIVIENDED ACTIQN By Separate Motions: Waiver #1: Move a recommendation of approval to the City Commission of the waiver requests to LDR Section 4.4.13(F) (4}(b) and (c) to allow a reduction in the required building frontage setback at 10' or less from a minimum of 140` to 0'. This waiver will allow the building setback to increase from the required 10` to a maximum building setback of 18' along NE 6`" Avenue, and Planning and Zoning Board Staff Report: Meeting 03/15/10 Conditional Use Approval -Chase Bank Page 13 Waiver #2: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.4.13(1=){4}(b) and (c) to allow an increase in the remaining length of the building frontage set back at 15' or more from 60' to 68' along NE 6th Avenue, and. Waiver #3: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.4.13(F) (4){b) and (c) to allow a reduction in the required building frontage setback at 10' or less from a minimum of 151' to 0'. This waiver will allow the building setback to increase from a maximum of 14' to a maximum building setback of 36' along NE 7t Street. Waiver #4: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.6.14(A)(2), to reduce the required visibility triangle at the intersection of NE 7th Street and NE 6th Avenue from 40' to 32'. by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.7(B) (5} of the Land Development Regulations. Conditional Use: Move a recommendation of approval of the conditional use request to establish Chase Bank, by adopting the findings of fact and law contained in the staff report, and finding that the request is cansistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E) (5) and Section 4.4.13(D)(4), and Chapter 3 (Consistency) of the Land Development Regulations, subject to the following conditions: Approval of a site plan by the Site Plan Review and Appearance Board (SPRAB) that is in general conformance with the conditional use sketch plan request and addresses the conditions of approval attached in the staff report; 2. That the applicant needs to depict the correct height of the architectural elevations and depict the finished grade level established from the mean elevation of the crown of the adjoining streets and then measure the height of the building including this finished grade. Pursuant to . LDR Section 4.3.4(.f} {2) {b), for buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets; 3. That the applicant needs to provide a dumpster enclosure detail which indicates dimensions, screening, and materials proposed, and vision obscuring gates to be provided. Recyclable bins need to be depicted; and 4. That the applicant in coordination with the City Engineer shall contribute to the Federal Highway Beautification Program prior to issuance of a building permit. This contribution is evaluated to be $ 93 per lineal feet. This project has 356 lineal feet for a required contribution of $33,108 dollars. Attachments: Location Map, Floor Plan, and Site Plan - Report Prepared By: ~stelio Breto, Senior Planner N.E. 11TH 5T. TH ST. 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ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 11, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 APPEAL/HPB ACTION/SOUTH SWINTON AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board's (HPB) decision made on February 17, 2010. The HPB's motion to approve the Certificate of Appropriateness (COA) for new signage at 14 South Swinton Avenue did not pass on a 0-7 vote, based upon findings that the request was inconsistent with the Comprehensive Plan and did not meet the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board's (HPB) decision made on February 17, 2010. BACKGROUND On August 28, 2009, a Certificate of Appropriateness (COA) was submitted requesting approval of new signage which had been installed without obtaining the necessary approvals and permits. Upon its submittal, the applicant was informed that the "Personal Services" (otherwise referred to as "grooming") use had not been approved for the subject property, and therefore, a Class III Site Plan Modification would be required. This requirement delayed the HPB's initial review of the COA until its meeting of October 7, 2009, at which point the Board continued the request with the following direction: That the existing sign is temporarily permitted on the existing sign posts located in front of business for up to 90 days, with additional time permitted subject to a submitted request and Board approval: 1. That the existing sign is temporarily permitted on the existing sign posts located in front of business for up to 90 days, with additional time permitted subject to submittal of a request for additional time, and Board approval; 2. That the word "Grooming" be either removed from the sign or obscured until a Class III Site Plan Modification has been approved for this use; and, 3. That a new sign design be submitted for Staff review and Board approval. The Board's direction to submit a new design was primarily based on Staff's analysis and recommendation which noted that the proposed sign did not comply with the review criteria. The Staff Report noted that the proposal did not comply with the "Purpose" of the Sign Code as noted in LDR Section 4.6.7(A), a part of which is "to foster the integration of signage with architectural and landscape designs." The Sign Code's "Purpose" is also to provide for "Property Value Protection" as noted in LDR Section 4.6.7(A)(3), which requires that signs "be in harmony with buildings, the neighborhood, and other conforming signs in the area." Taking these requirements into consideration, the proposal did not have a direct relationship with the building with which it was associated with respect to its overall style and aesthetics as it was merely placed on posts remaining from the previous business. Therefore, revisions were recommended by Staff to result in a more compatible and appropriate solution. LDR Section 4.5.1(E)(8)(g), Relationship of Materials, Texture, and Color, is applied to COA requests for signage. Further, the Delray Beach Historic Preservation Design Guidelines suggest that materials and sign types be based on historical precedent, the scale of the signage relate to the scale and detail of the historic building, and not overwhelm or call attention to the sign, and that the choice of typeface be away of conveying the period in which the building was constructed. In consideration of the criteria noted above, Staff could not make positive findings in that the sign is not generally visually compatible with the subject property or the building with which it is associated. During the 90 day grace period, Staff reminded the applicant of the upcoming expiration date to submit additional information. The applicant did not completely comply with the Board's direction, the 90 days expired and the request was re-reviewed at the HPB meeting of January 6, 2010. At this time, the report for this item included an illustration provided by Staff which more closely met the intent of the applicable regulations and guidelines, while placing the least amount of revision and additional expense on the applicant by utilizing existing materials and taking inspiration from the existing color scheme. As a means of providing additional flexibility for the applicant, Staff recommended that the Board continue the request with the direction that either a new design be proposed or a design utilizing the guidance provided by Staff and/or the Board be submitted within 30 days, and installed within 60 days. The Board agreed with Staff's recommendation which also permitted the temporary sign to remain an additional 60 days, by which time a new sign is to be installed, and after the 60 days, removal of the existing sign would be required, unless additional time is requested by the applicant and granted by the Board. Although the applicant was made aware of the new pending deadlines, no additional information was submitted and the HPB again reconsidered the request for a third time at its meeting of February 17, 2010. Throughout the Board deliberation, the applicant repeatedly inquired about the possibility of relocating any signage and both Staff and the Board provided guidance and testimony regarding the options on a new location, none of which were desired by the applicant. Those specific locations requested by the applicant were: • South side of driveway at South Swinton Avenue -The existing posts are to provide signage for a business at 20 South Swinton Avenue (south of the Rectory). Therefore, this location is not a possibility for the subject business, unless amulti-tenant sign plan is submitted for HPB review, and meets with the approval of the new business and the property owner. • North side of driveway at South Swinton Avenue - A freestanding sign may be located here subject to compliance with the LDR requirement that nothing over 3' in height may be located within the 20' sight visibility triangle at the intersection of a driveway and right-of-way. As the applicant had not followed the Board's direction nor accepted any of the options presented during the review at multiple meetings, the Board was not able to make positive findings regarding the subject request, as their concerns remained unaddressed. Further, the applicant's tesitmony was primarily based upon signage locations as noted above and not resolving those noted concerns relative to the sign itself. Therefore, the motion to approve the installation of new signage at 14 South Swinton Avenue failed on a vote of 0-7. A complete analysis of the proposal is found in the attached Historic Preservation Board Staff Report of February 17, 2010. REVIEW BY OTHERS The Board followed the established quasi-judicial procedures in considering the project. The applicant offered testimony in support of the development proposal, and the Board took testimony from members of the public. APPEAL On March 2, 2010, the City Commission voted to appeal the Historic Preservation Board's action on the subject request. The basis of the appeal is to consider alternatives for the sign's overall design with respect to compatibility and appropriateness, while meeting the intent of the applicable review criteria and regulations. RECOMMENDATION Deny the appeal, thereby upholding the Historic Preservation Board's action. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the denial of a Certificate of Appropriateness for new signage at 14 S. Swinton Avenue has come before the City Commission on March 16, 2010. 2. The Appellant, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of a Certificate of Appropriateness for a new sign at 14 S. Swinton Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I and II. I. LDR REQUIREMENTS A. LDR Section 4.6.7(A) is noted below as it applies to the subject signage request (emphasis added). 1. Purpose: The purposes of these sign regulations are: to minimize the possible adverse affect of signs on nearby public and private property; to foster the integration of signage with architectural and landscape designs. 2. Preservation of Community's Beauty: The City of Delray Beach which includes a beach resort community as well as major office and industrial parks, relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by actively regulating the appearance and design of signs. 3. Property Value Protection: Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. They should be in harmony with buildings, the neighborhood, and other conforming signs in the area. Are these requirements met? Yes No B. LDR Section 4.6.7(D)(2)(a)-(c) addresses "Aesthetic Qualifications" and states: The aesthetic quality of a building, or of an entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture or the building or the adjacent surroundings. The following aesthetic conditions must be met: 1. Garishness: The overall effect of the lettering, configuration or color of a sign shall not be garish. "Garish" signs are those that are too bright gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and not compatible with the building or adjacent surroundings. 2. Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (F) (2) with respect to height and area. 3. Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. Are these requirements met? Yes No C. LDR Section 4.6.7(E)(7) contains signage regulations for all historic districts and the OSSHAD zoning district as follows: signage Regulations for OSSHAD and all Historic Districts T pe of Si n Quantit Area Maximum Location Hei ht Illumination Wall 30 s uare feet Buildin face N/A Permitted Projecting Not more tha 30 square feet (face) From building or N/A Permitted under canopy t l t l wo per o , parce ' Free-standing or development. 30 square feet (face) May be in front 8 Permitted yard setback Under-Canopy 4 square feet (face) Under canopy N/A Permitted Are these requirements met? Yes No 2 D. LDR Section 4.5.1(E)(5) and 4.5.1(E)(8) provide guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable guidelines are as follows: (E)(5) Standards and Guidelines A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. (See applicable Standards and Guidelines below) (E)(8) Visual Compatibility Standards All improvements to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility shall be determined in terms of height, front facade proportion, proportion of openings (windows and doors), rhythm of solids to voids, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of a building, directional expression of front elevation, architectural style, and additions. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m). The following Visual Compatibility Standards apply: (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. Are these requirements met? Yes No II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: The Delray Beach Historic Preservation Design Guidelines suggest the following regarding signage: • Use materials and sign types that are based on historical precedent. • The scale of the signage should relate to the scale and detail of the historic building, and not overwhelm or call attention to the sign. • The material of the sign need not be identical, but should be compatible with the construction materials of the building. • The choice of typeface is a recommended way of conveying the period in which the building was constructed. Historic photographs of the period may be consulted to identify some common typestyles. 3 Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 16th day of March, 2010, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin City Clerk 4 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant: Marcy Albin Property Owner: Dharma Properties, Inc. Project Location: 14 South Swinton Avenue, Old School Square Historic District HPB Meeting Date: February 17, 2010 File No.: 2009-234 ITEM BEFORE THE BOARD The action before the Board is a Certificate of Appropriateness for the installation of afree-standing sign on a contributing property located at 14 South Swinton Avenue, Old School Square Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property consists of Lot 11, Block 61, Town of Delray and is located on the west side of South Swinton Avenue, approximately 80' south of West Atlantic Avenue. Constructed in 1912 as the Rectory for the City's first Methodist Church, the two-story, Frame Vernacular style building is a contributing property within the Old School Square Historic District. The subject property is zoned OSSHAD (Old School Square Historic Arts District), and retail and personal service uses have been approved within the subject structure. The site contains three (3) signs: a wall sign on the gable end of the Rectory, a freestanding sign at the south side of the driveway (utilized for the business south of the Rectory at 20 South Swinton Avenue), and the subject freestanding sign located in front of the Rectory. It should be noted that a waiver to allow an additional sign on the site, currently utilized by the subject business, was approved by the City Commission at its meeting of April 1, 2003. The waiver was required because the LDRs do not permit more than two signs per property, and two signs were already in existence. The subject sign, which is currently mounted on the sign posts that remain from the previous business signage, has the following characteristics: • Shape: Rectangular with a bone shape at the top • Measurements: 52' wide x 61' high, and is 22 square feet • Colors: Top and Bottom -Yellow background with Black letters Middle -Blue Background with white letters • Misc: 5 Palm Trees are located on the blue background within the center of the sign • Font: Varies The subject sign was utilized at the previous location of the subject business within Delray Beach and outside of a historic district. Signs within historic districts are required to comply with additional review criteria as a means of providing appropriate and compatible signage for the historic building and/or district. Therefore, signs approved outside of a historic district may not be deemed appropriate or compatible within a historic district. The HPB reviewed the subject request for the sign at its meeting of October 7, 2009 and gave the applicant the following direction: 1. That the existing sign is temporarily permitted on the existing sign posts located in front of business for up to 90 days, with additional time permitted subject to a submitted request and Board approval; 14 South Swinton Avenue COA 2009-234 HPB Meeting February 17, 2010 Page 2 of 5 2. That the word "Grooming" be either removed from the sign or obscured until a Class III Site Plan Modification has been approved for this use; and, 3. That a new sign design be submitted for Staff review and Board approval. On October 30, 2009, the Class III Site Plan Modification to add the "Personal Services" use, otherwise referred to as Grooming, was administratively approved by the Director of Planning and Zoning. The aforenoted 90 days granted by the Board expired on January 5, 2010, and therefore, the Board reviewed the request at its January 6, 2010 meeting with no additional information submitted. Upon further consideration, the Board continued the request as follows: 1. That a revised design be submitted within 30 days for review by the HPB; and, 2. That the temporary sign be granted an additional 60 days, by which time a new sign is to be installed. After the 60 days, removal of the existing sign will be required, unless additional time is requested by the applicant and granted by the Board. Per the additional 30 days granted by the Board, the revised design/request was to be submitted no later than February 5, 2010, with the additional 60 days for the temporary sign expiring on March 9, 2010. While no additional information has been submitted as of the date this report was finalized (02.12.10), the Board must consider the request because the additional 30 days has expired. It is important to note that the applicant has expressed concerns regarding the limited possibilities for the relocation of a sign. City Staff has discussed the following locations with the applicant: • South side of driveway at South Swinton Avenue -The existing posts are to provide signage for a business at 20 South Swinton Avenue (south of the Rectory). Therefore, this location is not a possibility for the subject business, unless amulti-tenant sign plan is submitted for HPB review. • North side of driveway at South Swinton Avenue - A freestanding sign may be located here subject to compliance with the LDR requirement that nothing over 3' may be located within the 20' sight visibility triangle at the intersection of a driveway and right-of-way. The COA for a sign is now before the Board for consideration. ANALYSIS LDR SECTION 4.6.7 -SIGNS LDR Section 4.6.7(A) is noted below as it applies to the subject signage request (emphasis added). (A) Purpose: The purposes of these sign regulations are: to minimize the possible adverse affect of signs on nearby public and private property; to foster the integration of signage with architectural and landscape designs. (2) Preservation of Community's Beauty: The City of Delray Beach which includes a beach resort community as well as major office and industrial parks relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by actively regulating the appearance and design of signs. (3) Property Value Protection: Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. They should be in harmony with buildings, the neighborhood, and other conforming signs in the area. Staff Analysis: The above noted LDR has been provided with particular emphasis placed on those components applicable to the subject proposal and should be taken into consideration upon review by the Board. Upon review by Staff, it does not appear that the proposed sign complies fully with the above noted purposes with respect to fostering "the integration of signage with architectural" designs and its 14 South Swinton Avenue COA 2009-234 HPB Meeting February 17, 2010 Page 3 of 5 "harmony with buildings, the neighborhood, and other conforming signs in the area." Therefore, revisions are recommended by Staff to result in a more harmonious and appropriate solution. Note: The Visual Compatibility Standards of LDR Section 4.5.1(E)(8) are applicable to the subject review as it is located in a historic district. Additional analysis with suggested revisions is noted below and in the Staff recommendation. LDR Section 4.6.7(D) (2) (a)-(c) addresses "Aesthetic Qualifications" and states: The aesthetic quality of a building, or of an entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture or the building or the adjacent surroundings. The following aesthetic conditions must be met: (a) Garishness: The overall effect of the lettering, configuration or color of a sign shall not be ag rish. "Garish" signs are those that are too bright gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and not compatible with the building or adjacent surroundings. (b) Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (F) (2) with respect to height and area. (c) Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. Staff Analysis: When considering signage within a historic district, it is important to take into consideration the historic character of the district, and more importantly, of the structure to which the sign will be associated. With respect to the aesthetic qualifications noted above, the proposal is not considered to be in compliance as it is not in harmony with the building or adjacent surroundings. Further, the scale of the sign itself is not in harmony with the posts to which is has been attached; this contrast detracts from any redeeming qualifications the sign may have. signage in a historic district is typically of a more unified appearance with respect to the components within the sign and with the building to which it is associated. The proposed signage has not achieved the intent of the "Aesthetic Qualifications" noted above. Note: The Visual Compatibility Standards of LDR Section 4.5.1(E)(8) are applicable to the subject review as it is located in a historic district. Additional analysis with suggested revisions is noted below and in the Staff recommendation. LDR Section 4.6.7(E)(7) contains signage regulations for all historic districts and the OSSHAD zoning district as follows: Si na e Re ulations for OSSHAD and all Historic Districts T pe of Sin Quantit Area Maximum Location Hei ht Illumination Wall 30 square feet Buildin face N/A Permitted Projecting Not more than 30 square feet (face) From building or N/A Permitted under cano Free-standing two per lot, parcel 30 square feet (face) May be in front 8' Permitted or development. and setback Under-Canop 4 square feet face Under canop N/A Permitted Staff Analysis: The proposed sign complies with the subject regulation as it measures 22 square feet, while the maximum is 30 square feet. As previously noted, the applicant has discussed alternatives for a sign 14 South Swinton Avenue COA 2009-234 HPB Meeting February 17, 2010 Page 4 of 5 location. The chart illustrates which types of signs and the quantity of signs that are permitted. The subject property contains three signs: 2 freestanding, and 1 wall sign located in the 2nd floor gable end of "The Rectory" where the subject business is located. Note: The Visual Compatibility Standards of LDR Section 4.5.1(E)(8) are applicable to the subject review as it is located in a historic district. Additional analysis with suggested revisions is noted below and in the Staff recommendation. LDR SECTION 4.5.1 -HISTORIC PRESERVATION SITES AND DISTRICTS Pursuant to LDR Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. LDR Sections 4.5.1(E)(5) and 4.5.1(E)(8) provide guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable guidelines are as follows: (E)(5) Standards and Guidelines A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. (See applicable Standards and Guidelines below) (E)(8) Visual Compatibility Standards All improvements to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility shall be determined in terms of height, front facade proportion, proportion of openings (windows and doors), rhythm of solids to voids, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of a building, directional expression of front elevation, architectural style, and additions. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m). The following Visual Compatibility Standards apply: (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. Delray Beach Historic Preservation Design Guidelines The Delray Beach Historic Preservation Design Guidelines suggest the following regarding signage: • Use materials and sign types that are based on historical precedent. • The scale of the signage should relate to the scale and detail of the historic building, and not overwhelm or call attention to the sign. • The material of the sign need not be identical, but should be compatible with the construction materials of the building. • The choice of typeface is a recommended way of conveying the period in which the building was constructed. Historic photographs of the period may be consulted to identify some common typestyles. 14 South Swinton Avenue COA 2009-234 HPB Meeting February 17, 2010 Page 5 of 5 Staff Analysis: No direct reference is made to signage affecting historic structures, sites, or districts within the review criteria above; however, there is specific intent to project the importance of preserving "character- defining" and distinctive features as a means of providing a compatible and appropriate solution for signage. The intent of those regulations and guidelines noted above has not been met in that the sign is not generally visually compatible with the subject property or the building to which it is associated. The scale does not relate to the historic detailing of the building, and, as discouraged in the Guidelines noted above, it is overwhelming and calls attention to the sign. Further, the typeface should be more unified within the sign itself. Given the above noted concerns and those expressed throughout the report, Staff has provided an illustration which would more closely meet the intent of those applicable regulations and guidelines, while placing the least amount of revision and additional expense on the applicant by utilizing existing materials and taking inspiration from the existing color scheme. Please see the notes provided on the illustration. As no additional information has been submitted for review, Staff recommends that the Board deny the request and require that the unapproved signage be removed or refer the unresolved matter to the Code Enforcement Board. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness (2009-234) for 14 South Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of the Certificate of Appropriateness (2009-234) for 14 South Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative). RECOMMENDATION Deny the Certificate of Appropriateness (2009-234) for 14 South Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, requiring that the unapproved sign be removed immediately or that the matter be resolved by the Code Enforcement Board. Staff Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: .Photographs of Sign and Site .Staff Proposal i7! ^~ r ^rrr d~ 00 .~-. ~f3 ... . <~ t l ,~... '. r ~m.,~ ~ ,~,1 ~; p r ~ ~, 1 ,, {~~, ~r ~'~ Y '~y1(`y~a' j .O N ~t/^'~ j ~~ ~ ~. y h Ty7 • l 1 1 ' j 1T7. ~..~-.?..llW ~ a ~..'.sll ~"~C1 f - . ••a N LTl ~ `Ld.~y ~ Y y 'b w .y .ti ~ { ~, w ~ ~"~ 1, ~ i; " ~) `~ ~. 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Ys- „T i ~_ t f _~ ~; F .~f ~ ~ !~~' d ',; 'r M ' D ~ a N Y ~'Sr 3 0 ~_ '~ 5`&r: MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 11, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 SUNGARD/ONESOLUTION SOFTWARE OFFER ITEM BEFORE COMMISSION The item before the Commission is consideration of an offer from SunGard for acquistion of their ONESolution software system for finance and other administrative applications. BACKGROUND Last fall the City received a letter from SunGard offering to waive license fees for their ONESolution software system. They are seeking a "showcase" agency to install this new system. City staff members have participated in multiple demonstrations of the proposed software. SunGard's offer has been refined and now includes the following main functions: -Finance, Payroll, and Human Resources -Community (Permitting, Code Enfrocement, Planning and Engineering, etc.) -Public Works -Utility Billing SunGard's offer includes special pricing for the City. Almost all of the license fees are waived in their proposal. Their package price offer to the City is $450,000 which includes discounts totaling $559,727.40 (does not include hardware projected by City staff at around $267,000). The SunGard offer is provided with a significant discount, and they have offered to spread the cost of the system out over time. If a contract is finalized with SunGard for the Public Safety software, information sharing would be possible between the Public Safety and non-Public Safety software applications. However, staff has a number of concerns regarding the SunGard proposal. The proposed system is not completely developed. SunGard has indicated that Finance modules and many of the Community modules are ready for installation now. A major concern of staff is the timeline for development: Public Works and Utilities modules will not be completed until future years. Also, there is not a completed system in place that we can review. While staff has reviewed a competitor's system, we have not gone through a Request for Proposal process (as was done for the Public Safety system) to provide other vendors an opportunity to respond. This is important in order to compare available systems on the market and to ensure that the system that we select is the best fit for Delray Beach. Staff recommends that the City issue a RFP for finance and other administrative systems software in the future (after the Public Safety software implementation is underway) which would allow SunGard to respond for further consideration at that time. RECOMMENDATION Staff recommends declining the offer from SunGard for purchase of their ONESolution software system for finance and other administrative applications. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: March 15, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 MUNICIPAL ELECTION RESULTS ITEM BEFORE COMMISSION Presented for your review are the official cumulative totals for the regular, absentee, and provisional ballots as provided by the Supervisor of Elections for Palm Beach County, indicating the results of the First Nonpartisan Election held on Tuesday, March 9, 2010. BACKGROUND FIRST NONPARTISAN ELECTION COMMISSION MEMBER -SEAT #2 -TWO YEAR TERM FRED B. FETZER 2,017 DARIN WADE MELLINGER 672 RECOMMENDATION Motion to approve the official cumulative totals for each candidate for Commission Member/Seat #2, including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing official results, that Fred B. Fetzer is elected as Commission Member/Seat #2, for a two year term commencing on the 25th day of March, 2010, and ending in accordance with the City Charter. Pursuant to the City's Charter, Article V, Section 5.04(C), due to Angeleta E. Gray being unopposed, she is deemed to have voted for herself, and therefore is elected to Seat #4 for which she qualified. http://miweb001/AgendasBluesheet. aspx?ItemID=3152&MeetingID=23 6 4/22/2010 CV {V ~~ ~ ~_. ~ ~_ fC Z Qr ~.~.~.~ LL (~ {!} RS 1r,~ V ? LL 3 c U t t0 tl> m ~` a O 'O 6 0 a o o ~O OO,-`~YMCfl aOm CO-U'7r NN~~~ y~rif7r~ V ~t0 O O ~,C~pp}~ONKO ~ ~~ C3 (O V) U C ' ,. - ~} a ~ w ~ ".. ~ a` GI > } a ~' 4? 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J W C? ~ S roam y'~ ~ m~ «~ ' ~~ S ' ~ c U N vE ar C (11 ~ U 4~W M O c*~ iU CA t9 d 01 tY? 0 t+} N r i4 G Palrn Beach County " UNIFt}RM MUNkCIPAt- 2010 Comm Member Seat 2 2Yr - DELRAY BEACH(M} Precinct Can+ March 9, 1 1 1 1 0 m ~ ~ sWu c a m fl ~ ~ p i 3 C ~ 'S N N N n ~ ro a m b m m w u~, 4012 TG-Absentee 1879 69 3.67 29 40 4012 TC-Early Voting 1879 0 0.00 4012 TC-Ear[y Voting 1879 0 0.00 ADA 4012 TC-Precinct 1879 85 4.52 58 27 4012 TC-Precinct ADA 1879 0 0.00 4012 TG-Provisional 1879 0 0.00 4013 TG-Absentee 1167 8 0.69 6 2 4013 TC-Early Voting 1167 0 4.00 4013 TC-Early Voting 1167 0 0.00 ADA 4013 TC-Precinct 1167 62 5.31 42 20 4413 TC-PrecrnCt ADA 1167 0 0.00 4013 TG-Provisional 1167 0 4.00 4014 + TC-Absentee 602 3 0.50 3 4014 TC-Early Voting 602 0 0.00 4014 TC-Forty Voting 602 0 0.00 ADA 4014 TG-Precinct 602 84 13.95 55 29 4014 TC-Precinct ADA 602 0 0.00 4014 TC-Provisional 6fl2 1 0.17 1 4016 TC-Absentee 10 0 OAO 4016 TC-Forty Voting 10 0 0.00 4016 TC-Early Voting 10 0 0.00 ADA 4016 TC-Precinct 10 0 0.00 4016 TC-Precinct ADA 10 0 0.00 4016 TC-Provisional 10 0 0.00 401$ TC-Absentee 976 11 1.13 7 4 4018 TC-Early Voting 976 0 0.00 401$ TG-Fatty Voting 976 0 0.00 ADA 4018 TG-Precinct 976 41 4.20 33 8 401$ TG-PrecinctADA 976 0 O.Oq 401$ TG-Provisional 976 0 0.00 4048 TG-Absentee 1407 i6 1.14 15 1 4048 TG-Early Voting 1407 0 0.00 4048 TC-Early Voting 1407 0 0.00 ADA 4048 TG-Precinct 1407 113 8.03 103 10 4048 TG-Precinct ADA 1407 0 0.00 404$ TG-Provisional 1407 0 0.00 4050 TG-Absentee 1042 12 1,15 $ 4 4050 TG-Early Voting 1042 0 0.00 4050 TC-Early Voting 1042 0 OAO ADA 4050 TG-Precinct 1042 $4 $.O6 62 22 4050 TC-Precinct ADA 1042 4 0,00 4050 TG-Provisional 1042 0 4.00 Printed: Friday, March 12, 2010 8:10 AM Data Refreshed: 3!12!2010 8:04 AM Page ~ < Palm Beach County UNIFQRM_MUNICIPAL_2010 Comm Member Seat 2 2Yr - DELRAY BEACH(M} Precinct Can+ March 9. 1 1 1 1 p w m ~'. ~ ~ ~ c a ro Q ~ m o ~ ~ ~ m m ~n V'+' tt O T fD 0 m f7 ~ ~ 0 Q 4052 TC-Absentee 1350 23 1.70 18 5 4052 TC-Early Voting 1350 0 4.00 4052 TC-Early Voting 1350 0 0.00 ADA 4052 TC-Precinct 1350 '163 12.07 143 19 1 4052 TC-Precinct ADA 1350 0 0.00 4052 TC-Provisional 1350 0 0.00 4054 TC-Absentee d9 fl 0.00 4454 TC-Early Voting 49 fl 0.00 4054 TC-Early Voting 49 fl 0.00 ADA 4054 TC-Precinct 49 1 2A4 1 4054 TC-Precinct ADA 49 fl 0.00 a054 TC-Provisional 49 0 0,00 4056 TC-Absentee 586 4 0.68 4 4056 TGEarly Voting 586 0 0.00 4056 TC-Early Voting 586 0 0.00 ADA 4056 TC-Precinct 586 23 3.92 11 11 1 4056 7C-Precinct ADA 586 0 0.00 4056 TC-Provisianal 586 0 0.00 4058 TC-Absentee 1315 18 1.37 15 3 4058 TC-Early Voting 1315 0 0.00 4058 TC-Early Voting 1315 0 0.00 ADA 4058 7C-Precinct 131 S 57 4.33 43 14 4058 TC-Precinct ADA 1315 0 0.00 4058 TC-Provisianal 1315 0 0.00 a059 TC-Absentee 1102 12 1.09 10 2 4059 TC-Early Voting 1102 0 0.00 ' 4059 TC-Early Voting 1102 0 0.00 ADA 4fl59 TC-Precinct 1102 11 1.OD 11 4059 TC-Precinct ADA 1102 0 0.00 4059 TC-Provisional 1102 0 0.00 4060 TC-Absentee 2307 75 3.25 60 14 1 4060 TC-Early Voting 2307 0 OAO 4060 TC-Early Voting 2307 0 0.00 ADA 4fl6fl TC-Precinct 2307 187 8.11 155 32 4060 TC-Precinct ADA 2307 0 0.00 4060 TG-Provisional 2307 0 0.00 4062 TC-Absentee 1912 25 1.31 20 5 4062 TC-Early Voting 1912 0 0.00 4062 7C-Early Voting 1912 0 0.00 ADA 4062 TC-Precinct 1912 114 5.96 9a 18 2 4062 7C-Precinct ADA 1912 0 0.00 4062 TC-Provisional 1912 0 0.00 Printed: Friday, March 12, 2010 8:10 AM Data Refreshed: 3/1212010 8:04 AM Page 10 c Palm Beach County LiNIFORM MUNICIPAL 2010 1 Comm Member Seat 2 2Yr - E}ELRAY BEACH{M} Precinct Cam March 8. 1 1 1 .1 0 v T ~ ~ ~ d N ~ ~ N G ~ ~ ~ ~ 4 @ Q {-j N . ~. o ~ tD 3 ~ ~ Q y 4064 TC-Absentee 973 21 2.16 19 2 4064 TC-Early Voting 973 0 0.00 4p64 TC-Early Voting 973 0 0.00 ADA 4064 TC-Precinct 973 47 4.$3 33 14 4064 TC-Precinct ADA 973 0 0.00 4064 TC-Provisional 973 0 0.00 4066 TC-Absentee 388 9 2.32 6 2 1 4066 TC-Early Voting 388 p 0.00 4066 TC-Early Vating 388 0 0.00 ADA 4066 TC-Precinct 388 22 5.67 20 2 4066 TG-PrecinctADA 388 0 0.40 4066 TC-Provisional 388 0 OAO 4068 TC-Absentee 823 9 1.09 3 6 4068 TC-Early Voting 823 0 0.00 4068 TC-Early Voting 823 0 0.00 ADA 4068 TC-Precinct 823 77 9.36 56 21 4068 TC-Precinct ADA 823 0 0.00 4068 TC-Provisional 823 0 0.00 4070 TC-Absentee 621 27 4.35 18 9 4070 TC-Early Vating 621 0 0.00 4070 TGEarIy Voting 621 0 0.00 ADA 4070 TC-Precinct 621 4p 6.44 27 13 4070 TC-Precinct ADA 621 0 0.00 4070 TC-Provisional 621 0 OAO 4072 TC-Absentee 1999 20 1.00 15 5 4072 TC-Early Vating 1999 0 O.Op 4072 TC•Eany Voting 1999 0 O.pp ADA 4p72 TC-Precinct 1999 6p 3.00 56 4 4072 TC-Precinct ADA 1999 0 0.00 4072 TC-Provisipnafi 1999 0 0.00 4076 TC-Absentee 1065 17 1.60 10 7 4076 TC-Early Voting 1065 0 0.00 4076 TC-Early Voting 1465 0 4.00 ADA 4p76 TC-Precinct 1065 23 2.16 20 3 4076 TC-Precinct ADA 1065 0 0.00 4076 TC-Prpvlsianal 1065 0 0.00 4p80 TC-Absentee 1149 9 0.78 7 2 4p80 TC-Early Voting 1149 0 0.00 4080 TC-Early Voting 1149 0 0.p0 ADA 4080 TC-Precinct 1149 66 5.74 26 39 1 40$0 TGPrecinpt ADA 1149 0 O,Op 4080 TC-Provisional 1149 0 O.Op Printed: Friday, March 12, 2010 8.10 AM Data Refreshed: 3!12!2010 8;04 AM Page 11 c Palm Beach County • IJNIFC3RM MUNICIPAL 2410 1 Comm Member Seat 2 2Yr - QELRAY BEACH(M) Precinct Cans March 9, 1 1 1 1 0 d m v ~ d c a m Q ~ ~ p ~ ~ ~ m m o ~ ~ y a N tp ~ t~i~ 4082 TC-Absentee 2142 8 0.37 4 4 4082 TC-Early Voting 2142 0 '0.00 4082 TC-Early Voting 2142 0 0.00 ADA 4082 TC-Precinct 2142 60 2.80 39 21 4082 TC-Precinct ADA 2142 0 q.q0 4082 TC-Provisional 2142 0 0.00 4084 TC-Absentee 1932 84 4.35 78 €i 4084 TC-Early Voting 1932 0 0.00 4084 TC-Early Voting 1932 0 O.Oq ADA 4084 TC-Precinct 1932 144 7.45 130 13 1 4084 7C-Precinct ADA 1932 0 0.00 4084 TC-Provisional 1932 0 0.00 ' 4166 ~ TC-Absentee 1615 20 1.24 14 6 4166 TC-Early Voting 1615 0 0.00 4166 TC-Early Voting 1615 0 0.00 ADA 4166 TC-Precinct 1615 118 7.31 102 16 4166 TC-Precinct ADA 1615 0 fl.00 4166 TC-Provisional 1615 0 0.00 5062 TC-Absentee 366 1 0.27 1 5062 TC-Early Voting 366 0 0.00 5062 TC-Early Voting 366 0 0.00 ADA 5062 TC-Precinct 366 2 0.55 2 5062 TC-Precinc#ADA 366 0 O.qO 5062 TC-Provisional 366 q o.oo 5091 TC-Absentee 0 0 0.00 5091 TG-Early Voting 0 0 0.00 5091 TC-Early Voting 0 0 0.00 ADA 5091 TC-Precinct 0 0 0.00 5091 TC-Precinct ADA 0 0 0.00 5091 TC-Provisional 0 0 q.00 7142 TC-Absentee 879 2 0.23 1 1 7142 TC-Early Voting 879 0 0,00 7142 TC-Early Vating 879 0 fl.flfl ADA 7142 TC-Precinct 879 25 2.84 17 8 7142 TGPrecinct ADA 879 0 0.00 7142 TC-Provisional 879 0 0.00 7144 TC-Absentee 234 2 0.85 1 1 7144 TC-Early Voting 234 0 0.0q 7144 TC-Early Voting 234 0 0.00 ADA 7144 TC-Precinct 234 10 4.27 8 2 7144 TC-Precinct ADA 234 0 0.00 7144 TC-Provisional 234 0 0.00 Printed: Friday, March 12, 2010 $:10 AM Data Refreshed: 3/12/2010 $:44 AM Page 12 c Palrn Beach County • UNIFORM MUNICIPAL 2010 Comm Member neat 2 2Yr - DELRAY BEACH(M) Precinct Cam March 9, 1 1 1 1 v ~ ~ ~ a~i c Q rn O ~ ~ p ~ W ~ ~ N - N ~ p ~ ~ f0 O O tb a ('~ v ,,.,~ o m ~ m ~ ~ 7146 TC-Absentee 684 3 0.44 3 7146 TC-Early Voting 684 0 0.00 7146 TC-Early Voting 684 0 0.00 ADA 7146 TC-Precinct 6$4 55 8.04 51 4 7146 TC-PrecinCE ADA 684 0 Q00 7146 TC-Pravisional 684 0 0.00 7148 TC-Absentee 158 4 2,53 1 3 7148 TC-Early Voting 158 0 0.00 7148 TG-Early Voting 158 D 0.00 ADA 7148 TC-Precinct 158 8 5.06 7 1 7148 TC-Precinct AdA 158 0 0.00 7148 TGProvisional 158 0 0.00 7150 r TC-Absentee 1873 11 0.59 6 5 7150 TG-Early Voting 1873 0 0.00 7150 TC-Early Voting 1873 0 0.00 ADA 7150 TC-Precinct 1873 66 3.52 18 48 7150 TC-Precinct AOA 1873 0 0.00 7150 TC-Provisianal 1873 0 0.00 7152 TC-Absentee 56 0 0.00 7152 TC-Early Voting 56 0 0.00 7152 TC-Early Voting 56 0 0.00 ADA 7152 TC-Precinct 56 3 5.36 2 1 7152 TGPrecinct ADA 56 0 0.00 7152 TC•Provisianal 56 0 0.00 7154 TGAbsentee 1842 26 1.41 14 12 7154 TC-Early Voting 1842 0 0.00 7154 TC-Early Voting 1842 0 0.00 ADA 7154 TC-Precinct 1842 92 4,99 67 25 7154 TC-Precinct ADA 1842 0 0.00 7154 TC-Provisional 1842 0 0.00 7156 TC-Absentee 73 0 0.00 7156 TC-Early Voting 73 0 0.04 7156 TC-Early Voting 73 0 0.00 ADA 7156 TC-Precinct 73 1 1.37 1 7156 TC-Precinct ADA 73 0 0.00 7156 TC•Pravisianal 73 0 0.00 7158 TC-Absentee 300 1 0.33 1 7158 TC-Early Voting 300 0 0.00 7158 TG-Early Voting 300 0 0.00 ADA 7158 TC-Precinct 300 6 2.00 6 7158 TC-Precinct ADA 300 0 OAO 7158 TC-Pravisional 300 0 0.00 Printed: Friday, March 12, 2010 8:10 AM Data Refreshed: 3J12J2010 8:04 AM Page 13 c Palm Beach Gqunty UNfF©RM_MUNIGIPAI_2010 1 Comm Member Seat 2 2Yr - E?E~RAY BEACH{M} Precinct Gan+ March 9, 1 t 1 1 Q v T ~' ~ p ~ ~ 'S t^ L4 N ~ '1l N O O tR C7 .--.. @ ~ _ ~ a N o [D (D N +~ {(} +~ 7160 TC-Absentee 80 2 2.50 2 7160 TG-Early Voting 84 0 0.00 7160 TC-Early Voting 84 4 4.40 ADA 7160 TC-Precinct 84 4 5.44 3 1 7164 TG-Precinct ADA 80 0 0.00 7164 TG-Provisional 80 0 0.00 7162 TG-Absentee 3 4 0.00 7162 TC-Early Voting 3 0 0.00 7162 TC-Early Voting 3 0 0.00 ADA 7162 TG-Precinct 3 3 100.00 3 7162 TG-Precinct ADA 3 0 0.44 7162 TG-Provisional 3 0 0.00 7164 TG-Absentee 873 24 2.75 19 5 7164 TC-Early Voting 873 0 0.00 7164 TC-Early Voting 873 0 0.00 ADA 7164 TG-Precinct 873 19 2.18 11 8 7164 TG-Precinct ADA 873 0 0.00 7164 TG-Provisional 873 0 4.44 7166 TG-Absentee 1808 7 0.39 1 5 1 7166 TC-Early Voting 1808 0 0.04 7166 TC-Early Voting 1808 0 0.00 ADA 7166 TG-Precinct 1808 42 2.32 33 9 7166 TG-Precinct ADA 1808 4 0.00 7166 TG-Provisional 1808 0 0.04 7168 TC-Absentee 2498 13 0.52 4 9 7168 TG-Early Votmg 2498 0 0.04 7168 TC-Early Voting 2488 4 0.04 ADA 7168 TG-Precinct 2498 66 2.64 42 24 7168 TG-Precinct ADA 2498 0 0.00 7168 TG-Provisional 2498 0 0.00 7170 TG-Absentee 8 0 0.00 7170 TG-Early Voting 8 0 0.00 7170 7C-Early Voting 8 0 0.00 ADA 7170 TC-Precinct 8 0 4A0 7174 TG-Precinct ADA 8 4 4.40 7174 TGProvisignal 8 0 0.00 7172 TG-Absentee 58 0 0.44 7172 TC-Early Voting 58 0 4.44 7172 TG-Early Voting 58 0 0.00 ADA 7172 TC-Precinct 58 2 3.45 2 7172 TG-Precinct ADA 58 0 0.40 7172 TC-Provisional 58 0 0.00 Printed: Friday, March 12, 2010 8:10 AM Data Refreshed: 311 21201 0 8:04 AM Page 14 c Palm Beach County . UNIF{?RM MUNICIPAL 2016 1 Cc~rnm Member Seat 2 2Yr - DELRAY BEACH(M) Precinct Can+ March 9, ~ 1 1 1 C1 ~ ~ ~ 0 3 ~ ~ m m in' v+ ~ '71 a a m ~ Q t'r y a ro (~D ~ tD tU in cD N 7174 TGAbsentee 70 0 0.00 7174 TC-Early Voting 70 0 0,00 7174 TC-Early Vaiing 70 0 0.00 ADA 7174 TC-Precinct 70 2 2.86 2 7174 TC-Precinct ADA 70 0 0.00 7174 TC-Provisional 70 0 0.00 7176 TC-Absentee 676 1 0.15 1 7176 TC-Early Voting 676 0 0.00 7176 TGEarly Voting 676 0 0.00 ADA 7776 TC-Precinct 676 12 1.78 11 1 7176 TC-Precinct ADA 676 0 0.00 7176 TC-Provisional 676 0 0.00 7178 TC-Absentee 34 0 0.00 7178 ~ TGEarly Voting 34 0 0.00 7178 TC-Early Vpting 34 0 0.00 ADA 7178 TC-Precinct 34 0 0.00 7178 TC-Precinct ADA 3d 0 0.00 7178 TC-Provisional 34 0 0.00 TC-Absentee 40884 697 1.46 417 177 3 TC-Early Voting 40984 0 0.00 TC-Early Vpting ADA 40984 0 0.00 TC-Precinct 40984 2100 5.12 1600 494 6 TC-Precinct ADA 40984 0 4.40 TC-ProvisionaE 40984 1 0.00 1 Contest Total 40984 2698 6.58 2017 672 9 Printed: Friday, March 12, 2014 8:16 AM Data Refreshed: 311 21201 0 8:64 AM Page 15 c UNiFt3RM_MUNICIPAL_2010 319!2010 Precinc# Turnout Canvass Palm Beach County m ~ ~ v ~ v ~" -~ ~ r e a C"} t~ ~, ~ ~ ~ ,~, ,~ ~ :o ~ o m N ~ m < ~ ~, ~• N ~ D ~.. O ~ ~ o n r "' a ~ °° m ea a ~ D °-' 101'5 0 0 0.00 ,:. ,._.-- .. 1016.. taa9 169: 11.66 43 124 - 2 101.7 0 0 ` .:. o.oo : 1a1$ 0 0 0 00 1019 0 0 0.00 1022 1393 74 5.31 16 58 ,. j024 . a67 5, . 1.07 2 -" , 3 , 1025. q 0 " 0'.00 " ,. 1028 3 0 0.00 1029 1277 99 7.75 24 75 1031 1$09 324 17.91 46 277 1 1033: 0 +7 : 0'00: " 1035:: 0 0.00: 1036 ., ``'t 2359 244 : 10.34. ' 60 _" 184 . 1038 1402 156 11.13 49 107 1039 1006 168 16.70 88 80 1040 2643 199 7.53 53 145 1 1042 1901'' 951 : 50:03 . 88 862 1i 1044 ' 1645 '260" 1$.$1 60 . 199 t1 '1045 : 229 is 101 44:10: 9 90 2 : 1046 1889 195 10.32 48 146 1 104$ 659 53 8.04 12 41 1050 1$97 149 7.$5 51 9$ 10$1 :. 1159 62_ 5.35 1.p .. 5T ;.:.. 1C~a :7 525: 191- 12.52 - " 34 ..: `157 ,: 1:Q;i5 104.1: 10.5 10:Q9. 17 :. 87 _: 1 '. 1056 1344 242 1$.01 17 225 1057 120fi 280 23.22 49 231 1060 2123 726 34.20 76 650 lasa>:: - ~9c T~ 15'4x: zo ., ~z _- > 1068` ~ ` 996 143 1.95 13 '36. ' 10;x2 _ ,..j49" 4Q6 ..~... ~ %° 2 332.. 1075 116 23 19.83 3 2D 1076 1842 277 15,04 29 248 1077 397 34 8.56 12 22 1078 _ .: ', 934 296. .. ,11.69" 16 2&0 1079" 606 8:.75 9 44: 1080 633 :?~4 . .36.97; :; 40 '' 19.4: 1081 10 3 30.00 3 1082 666 217 32.58 29 188 1083 1027 219 21.32 17 202 1085 817 187 22.89 12 175 1088 1270- 48~ 37.87. 36 445 1090' 528' ilfi 1.6:2$' 7 79 Palm Beach County ^ UNIFORM_MUNIGIPAL_2010 7 tD m a, ~ 9 {~ N C ~ O ~ ~ QD' N a m ~ n N `~ ° ca n m v < O 7 (O D D 7 :~ ~. ~ ~' -{ (7 ~ n w D Q D ~ [~ ~ O a a °' 1091 1372 281 20.48 29 252 1092 1289 325 25.21 33 292 1094 2489 395 15.87 34 361 1096 ::: - : , .. . " . 20' g. SC 1 2~ 3 ~ 70 '. 425 ;. 109$_: 151 4:,0 18cv 34 41a 2 1099.::'; ,. ,. . 1501 :.: 193 12 ~-, '. 20 _ 1'1 ;: 1100 2500 360 14.40 51 30$ 1 1101 1553 333 21.44 22 311 1102 1094 5$6 53 56 65 520 1 1104 , 1207 307 . 25.43 . 35 272 ;, . 1106 114, `. '' S 4;39. : S 1110. ' . 1336 302 ,.. 22.60 32 ,270 ' 1114 141$ 298 21.02 37 217 44 1116 373 75 20.11 8 67 1130 1260 136 10.79 33 103 1132 .: - 1824' _ 175 . : 9.59 45 130 . 133 - ' 5 0 ,.C0 _'.. 1 ~ 3n ,' 445 1.3 2 S2 9 4 .'... 1135 1443 46 3.19 19 27 1142 323 ZO 6.19 9 11 1143 1910 153 8.01 51 102 Precinct Turnout Gam Election Date: March 9, t 1144 ,' ! 44 r : 2 4.55- ` :. 1146 _ '. .... :`' . 6$6 76 , - 1.1.09 . 13 63` ~. ' 1147 ' . : 175 9 5.14' 2 7 1148 170 27 15.88 7 20 1150 1492 277 18.57 29 246 2 1151 188 39 20.74 4 35 1152 . 1y53 : 195: . '. .16,91 , 20 175 .: 1154' _ 759 376 , 2t 2S 22 354 ... 1155 ' 87 : 78 . 41 ° 1 11 67= ,. ; ` 1156 1143 58 5-07 27 31 1157 1001 60 5.99 6 54 1158 1077 122 11.33 8 114 1'159 'r':.` ';< a 0 0.00 ' . -1.162 ':::. 0 .: 0 0.00 ~ < 1163' : . - 1944 .:.. ::. 219 . 11.27 27 i.' 1~~ 1166 100 10 10.00 4 6 1168 2068 332 16.05 45 286 1 1172 1643 61 3.71 23 38 1174 ; " :: 335 _ `, . 4' :. 1.19 4 : : : 1182 ; . 572: .:. 67; 11.71' 5 6.2..: . _ ,. 1183' 395. 8' ..2:03 3 5 . `' 1184 1293 224 17.32 21 203 1186' 604 40 6.62 7 33 1188 238 31 13.03 1 30 1190 : , 473. 70' 14.80 6 64' 1192 1432 363 25.35 29 X33' 1' 1202 : : ;. ,' .1744 421 24.1.4 51 __ 69 1 1204 152 8 5.26 1 7 1208 0 0 0.00 2102 255 5 1.96 2 3 2104. 5.. 0 0.00 -.. ) ' : ' , Palrn Beach County - UNIFQF2M MUNICIPAL 2010 ~ m o @_a C"~ ~ c ~ n ~ m ~ w ° co m v ~ o T} D ~ h ~ ~ ~ ~ ~ ro n D o D ~ ~ o p1 ~;06 1,+'( ~0 2:03 ~ ~ 1~ X128 - ~ 1977 152. 7.69 2d ::. '24 2130 ~ 1 a-15 86 5.95 20 66 213$ 1361 40 2.93 17 23 2146 989 26 2.63 9 17 215 212E _: 132 _. " : 6,23 :', 51 $1 ,:. 2154.: t542 38 2:46 12 ..' _: ~, - . ~~ . 2153,. 496' J; 1.0; 2'.02 .. _ 3 .. 2162 1508 9 0.60 5 4 2166 1740 144 8.28 28 116 2172 687 10 1.46 3 7 3076 1660' 19 114' , 10 : : ; 3G32 52 - 5 = 11 54 1. 5 3098 1414 84 5 9d 7 77 3100 654 66 10.09 18 48 3101 760 69 9.08 10 59 3102 SSG -.43 7.82. ::. 4 39 3122 2127 ' 151 7.10 1? 134 ',. 3126_: 132A' _.. 121 . 9.14 21. ' 100 3128 1893 118 6.23 14 104 3129 925 7 0.76 1 6 3130 562 26 4.63 4 22 3131 g t g 28 ' 3.42 . d . 24 314b i6~9 <. : _:: .:105 6:33 18 . _ 87 3148:, t270 .... 265 _ : 20.Et7 23 .... 242 . 3150 _ 274 22 8.03 4 18 3152 970 81 8.35 7 74 3154 13$7 443 31.94 40 396 7 3160' 2322 208 8.96' i 29 _ `. 179 3162 - .:: .. 1282 „ 305 . ' 23.79 . ' . 2$ 272 5 _ . 3164 1447 < 2r4 18.24 16 2d9 316$ 325 . 4 1.23 1 3 3170 622 118 18.87 18 .100 3172 876 164 18.72 25 139 gCOrs 2020. - 553 27.38 _ 39 : 508 ': >'S a C t 2 ,. : .- 1879 : 154 8.20 69 .. 85 ::. cols tts~ 7Q: _`s.oa 6z . 4014 602 88 14.62 3 84 1 4016 10 0 0.00 401$ 976 52 5.33 11 41 4024. ' 1300 _ 497 . 38:23 27 466 .. , . 4 ' 4026 ', 353 _-. 209. , 5921 59 -.' 150 ; . AQ30: . .. 7256 :. 286 22:77 23 262 ,-:..._ 1 .... 4032 1472 313 21.26 21 292 4034 14$5 414 27-88 40 372 2 4040 479 93 19.42 13 80 4048 , ':.: 1407 123 9.17 16 113 4450.. > 1042 . 9b 9.21 12. _: 84 4052 . ;:.9350 186: 13:76 23 ,` ';, i` .163. , 4054 49 1 2.04 .. 1 4056 586 27 4.61 4 23 Precinct Turnout Cam Election Date: March 9, Palm Beach County UNIFORM_MUNICIPAL_2414 n m -+ ~ n of ~ C} ~ ~ ~ n ~ m c C1 ~ o ~ c~i ~ 10 C} ~ OD' `~ ~. ~ ~' O N y ~ N ~` ~ ~ N ~ . -. ~ o D ~_ D . cx n. ~ ~ ° m ~ O D ~ Q I+ ~ n+ 4058 1315 75 5.70 18 57 4+350' t t ~2 23' _ . 2.49 12 ~_ ~ 1,;9 ~. - 9U60 230' . 202 11:38 'S 187 4G52 1a,2 _ 139 .. 7:2T . 25 ,: ''114 ' 4064 973 69 6.99 21 47 4066 388 31 7.99 9 22 4068 823 86 10.45 9 77 Precinct Turnout Cam Election Date: March 9, 4070: 621 67 ,.10.79 4T 44 , 4072. 1999 `..: 80 '. 4Ap 20 60. - 4076.._ 1.065: 4'0, 3'.76 :17 '. 23 '. _ 4080 1149 75 6.53 9 66 4082 2142 68 3.17 8 60 4084 1932 228 11.80 84 144 4166. 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' 16:75' 2 r 1 5062 :. ,., .. `: - 366 3.. : 0; 82 1. .: _ `- 2 5091 0 0 0.00 6006 1981 560 28.27 233 327 6008 870 134 15.40 34 100 6032 14,D - 296" 20.14 : ' ` .82 234: : -. ,": 6081.. , .1 : ~ .0 0.00 : 60'84; t t 5$. ; ;120 14.36: 34 _ 86 '' 6086 1674" 159 9.50 2$ 131 6088 1097 79 ?.20 17 62 60$9 1030 56 5.44 12 44 590: 2609 " 130 . 4.98 _ 23. 107 6092. 1445 ' 98 8.78` 22 76 6094 2037: .:.. 151 7:d1. . 39 1q2 ' 6096 1860 210 11.29 32 178 6097 979 113 11.54 26 87 6098 2000 345 t7 ~:'s 53 291 1 6106 899 52 5 I n 11 . ~ 6101 ~ bt8 15 309 7 8 ~1: ' ., 61,0.8'' : 3T 2 9 1 . 6109 2016 73 3.62 23 54 6110 2 0 0.00 6132 1396 218 15.62 12 206 61'33 _,'S6 - 187 16:.,1,8 15 l''2 ,. s,34' .. ,i3 ~ 6.19 2 ~; ,. 6136 ]335 ,.,, - 201. 1~i';51 34 1E~7 6138 2197 365 16.61 d5 320 6140 1849 188 10.39 19 169 6141 895 140 15.64 18 122 6'142.....'.. ~., 1,642. -,. t ti 3 4 a, 16 _ t. -. ,_. 61:4;3 ' ' 1196 ~~ 1290 27 . t?, <. ,, 1 ' ' , . .... 6'144 ' 1626. . -158. ..... 9.12 30 128. . , `.. 6146 2119 278 13.12 38 240 6148 2045 256 12.52 22 234 6150 228 35 15.35 8 27 ,. :... 6152. : 1986 233 14.,7:3 ; 35 ,- .99:8 :` 6154 2394" 217 9:p6_ 25 .., 192 :' ;. 6156 2032.: 204 10,04" 24. 180 Palm Beach County • UNIFC}RM MUNICIPAL 201{ a ~N Us ca m 4 ~ {~} as c ~ ~ ""' -t ~ ~ ~ ~ ~ ~ «G { o m >u ~ o ~ ~ D ~ ~a ~ (p ~? ~ ~ c~ v n. ~ ~ - 4 c~i ~o O N o ~ 6160 1451 3$ 2.62 ifl 28 6161 0 0 0.00 6162 850 23 2.71 8 15 6163'', ~ ..,1043 . 49 4.70 _ 4 r .. 45 6165 :0 0 O:Op 6166 656 r98 14 94 ; '" 3 95 6171 46 0 0.00 6175 78 1 1.28 1 6176 519 80 15.41 12 68 81 ?? 1761 '... 117 6:3d; 20 91 ;1'8 =2 _ 0 '0:00,, ''a ,. 1733 104 6.p0' 33 71 6180 429 7 1.63 1 6 61$2 0 0 0.00 61$6 1303 248 19.p3 32 216 618' >. 21 a7 :: 97 x`42. : 11 ,. 86 ~'Gv8 ~ '151$ ?2 :6.06 15 75 c'i 7012". 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' ... 18'~ 116 6;41 26 92 7156 .. _ -r3 1 1 37 . : ' 1 r 7158 300 7 2.33 1 6 7160 $0 6 7.50 2 4 7162 3 3 100.Ofl 3 7164' 873 . 43 4.93 24 19 .. Precinct Turnout Gam Election Date: March 9, r VII I _ Palm Beach County Precinct Turnout Can+ UNIFORM MUNICIPAL 2fl10 Election Date: March 9, < n m -a -t v ~ ~1 a ers c ~ a~i o C~ chi 'n v o ~ ~ ~ ~ a S' a '~'~' a° m ~a D ~ A °' 7166 '. 1'80&. ; : 49 2.11 ~ 42 7168.. '.,, 244fl. ,r 79 ~ t6 13 _, 6„E .. 7~7o a a o.oq 7172 58 Z 3.45 2 7174 7q 2 2.86 2 :7176 676` , 13 .... ,; . '1 92 1 12 . 178 34 q' 0.00 i _ 1043. ar5 64 13.47 9 , 55 6487 1 q:;' S 5.Oq 1 . 4 271183 34195 12.61 5334 q q 28762 2 97 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 11, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 RESOLUTION N0.09-10/CONTRACT FOR SALE AND PURCHASE/ANGEL ACQUISITIONS/216 S.E. 1ST AVENUE RECOMMENDATION Resolutions 9-10 and 10-10 are to be withdrawn due to the unavailability of properties since we advertised. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 12, 2010 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 RESOLUTION NO. 10-10/CONTRACT FOR SALE AND PURCHASE/STELLAR HOMES OPPORTUNIA, LLC./2187 DORSON WAY RECOMMENDATION Resolutions 9-10 and 10-10 are to be withdrawn due to the unavailability of properties since we advertised. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 10, 2010 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 RESOLUTION NO. 11-10/CONTRACT FOR SALE AND PURCHASE/ WELLS FARGO FINANCIAL SYSTEM FLORIDA/3740 E. LANCEWOOD PLACE ITEM BEFORE COMMISSION Request approval to enter into a purchase agreement to acquire a foreclosed real property utilizing Neighborhood Stabilization Program (NSP) funds. BACKGROUND On March 26, 2009, the City approved the application for NSP funding through Florida Department of Community Affairs (DCA) for $1,905,005 to acquire, rehab and dispose of bank owned foreclosures. We have been awarded these funds and the Neighborhood Services Division has identified several viable properties for this program. FUNDING SOURCE Neighborhood Stabilization Program I RECOMMENDATION Staff recommends approval of a Resolution to acquire certain real property under the Neighborhood Stabilization Program (NSP) as stated below: Resolution 11-10: That the City Commission of the City of Delray Beach, Florida, as Buyer, agrees to acquire the property described from the Seller, for the purchase price of One Hundred Thirty-Five Thousand and 00/100 Dollars ($135,000.00), said property being described as 3740 E. Lancewood Place, Lot 2, Block 4, SABAL LAKES PHASE ONE, according to the Plat thereof as recorded in Plat Book 60, Page 188, of the Public Records of Palm Beach County, Florida RESOLUTION NO. 11-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM WELLS FARGO FINANCIAL SYSTEM FL, SELLER, AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to buy certain property located at 3740 Lance~od Place, Delray Beach, Florida; and WHEREAS, Wells Fargo Financial System FL, hereinafter desires to sell the property hereinafter described; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for affordable housing purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Comtrrission of the City of Delray Beach, Florida, as Buyer, hereby agrees to acquire the property described herein from the Seller, for the purchase price of One Hundred Thirty-Five Thousand and 00/100 Dollars ($135,000.00), said propertybeing described as follows: Lot 2, Block 4, SABAL LAKES PHASE ONE, according to the Plat thereof as recorded in Plat Book 60, Page 188, of the Public Records of Palm Beach County, Florida Section 2. That the temps and conditions contained in the Contract for Sale and Purchase and Addendum between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as E xhibit "A". PASSED AND ADOPTED in regular session on the day of , 2010. MAYO R Attest: City Clerk T~t~ F~R~r4 ~~ f3EFN A~~>i$Q'sr>~r~ ~~ r~E ~~.c~l~ttaa ~ S5~CrATiCEN ~,F tai d~t,'f ~ Ae~D T>~E t LCt~1~A ~. ,~ ,. ~, '~~ ~~~'~ ° s. ';"lr ;~~L1`1~ :~<. lyb. f~~r~~". r :1,:1 R~+ ,~. ~". ~(C, +rA• `.~~..1~3 ,`~,~ / ~ _ ~ ~ I _ _ ~(...C~~ ~ ~~~C3i 1. `- ~ ~~ ~. ,. _ . ~ t" PAR'i`I>'_;~ ~ ~ t -~ ti t 1 i~ j~- ~ ~ ~ ~ 1 ~ ~ ~_, t G ~ , _ .: :............_..._..._ ___: i `rrior"}, 2'° and_.....___~~ --~ ~-~ ___~=F--_.~'_-~! Ct~_._.._~~ ia: f_t~ ~~~ _ {Buyer"},. 3 hcraby agreo that Setl ~r shall sell aid t~rryar shy it buy the f©Il~~n~ing closcribed,Rr~al=Prot~ertyancl Personal Property (GOlfeciively.'"i~rrrpf,r l„~~ ) 4 laursuani to the terms and rancJihans of ih'is CUritract far Sale; anr~ Purahasr~ and any riders and aeielencia (°t~oriirac;i''}; b. I. D~ SCRfPI'1C7N: J `~ Le'si descnptron of they I~'cai Propi~rty Ic~aated In ~ ~~~~. k t 1.- f t t ~} ( ~ ~. County, E-h~~ ~i~ 8* (b~ Street adrrlre~sq Yty, zrp, of the Pr~upert~ .~_,~ g ~t (~, ~ i i.t'~4 ~- ~' ` ~ C9 ~ ixt~,~c ~ inn >>,ridc~~ ~treairnc~nt s i~`-~~ -~ ~ l ert ~ inrtudes existii~t' ran e s ret~atar sr .ctishwashar+~ , u~~:in f en's ; h h f ~ ' ;' __ i; 4 ~~("~~ .._.~ g_ (c Ppr,~r~n<~ fro 1 ~ , r) g O~ ~ . 1(? specrfic.ally eXCludcd be=.low: 11 ~' C)ther items includcyd a+e ~__.....__._........_.__. ___ t3* tterr~s of Partar~al Pr'e~pnrty (and leased reems, if any} excluded are'~~..,__,~.,,~,,...~_.~.~..,,.,,_ __ _._ t4* _. _ __ ...___ --__._ ------ -- __ ~ 1 tb"~ lt. PU'RCHASEI'RIC~ (U ~,. ct:nrPncy}; ..._... , .. -. , .. , .... _..... ~ , . ,,.... _ . . . ............ . ...... _.~-Q...[?~~'~.~`'~' t f PAYiVIENT: 1 %` (zi) t7rposit held ;n escrow by ~~._,._,,,~ ................ .~ _ ...----("Escrow Ag©nt") iri the amount df.{checKs subject'to clearance) ~~.~,_ _...___ __.__~ 18`' Escrow Agent`s address: ~,,,~,~ Phono: t 9." ~; (b) Additional escrow deposit to be made to Escrow Agent within ~~ days after Eifiective Date; in ~tho amount of. , .:,; ... 2U" (cj Financjng in the amount of ("Loan Amount") see-Paragrapri iV below ...:...................:..... : .......::.:.... .:..: $ .__.___ _.__p_____......__ 22 (e) Cialance to close by cash, wire.trartsferor LbGALLY DRAWL castrer°s oCOfiicial:bar'k gheclc(S), subject 23" to adjustments or prarations .. . ...... . . . ....... . ..... . . ......... . ... $ 24 III T[ME Ft3R ACCEPTANCE`OF OFFER AND G©UtJTEROFFEftS; EfFECi'iVE bAT~ 25 (aj If this :offer is not executed.by and: delivered to ail.-parties OR'FACT OF E~CEGUTION`cammunicated in writing :between-the parties on or 2~" before: ,the deposit(s) will, at Buyer's option, be returned. and fhis offer withdrawn. Unless,otfier- 27 wise stated, the`time far acceptance of any counteroffers shall be 2 days from the-date the' counteroffer is delivered;. 2t3 (b}-The dste of Contract ("Effective Date") will be the date vvhen the East one of the Buyer and Seller has'signed or initialed'this offeror the Z9 final counteroffer. If -such date is not otherwise set forth in this Contract; then the "Effective Date" shall tae the date determined above: for 3e7 acceptance of th)s offer or; if ;applicable, the final counteroffer. 3t 11f. Ft ANCING: 32* ,,(aj This is a cash transaction with no contingencies for financing; 3~* ~ (b} This Contract is contingent: on Buy©r obtaining-written loan commitment which aonfim7s underwriting-loan approval fora loan to purchase 34* file Property ("Loan .Approval°} wifhin days. (if blank,. trlen 30 days} after Effective Date ("t..narr Approval Date"} for (CHECK ONLY ~i5"' ONE}: ~ a .fixed; ^ an adjustable; ore a fixed or adjustable rate loan, in the Loan Amount (Sec: Paragraph Il.(c}} at an initial interest rate not to 36} exceed g'o, and for a term of years. Buyer wili_make appiicaton.wthin . days. (rf blank, then 5`days} after Effective,Qate. :i7 BUYER: Buyershall use reasonable diligence ta: obtain Loan Approval; notify Seller in writing of receipt of Doan Approval by Loan Approval 33 Date; :satisfy terms of the Loan Approval; and close the loan. Loan Approval which'requires a. condition related to the sate of o#her property shall 33 not: be deemed Loan Approval for: purposes of this subparagraph: Buyer shall payali 9oan expenses. Buyer authorizes the mortgage brokers}.and 4th lender(s) to disclose information regarding the conditions, status, .and progress of loan application and Loan Approval to seller, Seller's attorney, 41 real estate iicensee{s}, and Closing Agent. 42 SELLER: If Buyer does not deinrer to Seller written notice of LoanApprovai by Loan Approval Date; Seller may thereafter cancel this Contract by 43, delivering written notice ("Seller's Cancellation Notice"} to Buyer, but not later than-seven (7}.days prior to Closing: Seller's Cancellation Notice shall 44 notify Buyer that Buyer has three (3) days to deliver to Seller written: notice waiving this Financing contingency, ar the Contractshali be oanceiled: 45 DEROSIT(S)'(for purposes_of this. Financing Paragraph IV(b} only): if Buyer has:used reasonable diligence taut tloes not obtain Loan Approval 96 by. Loan Approval'Date, and thereafter either-party elects o cancel this Contract, the deposit(s) shat! }ae netumed to Buyer. if Buyer obtains Loan 47 Approval or waives this Financing contingency, and thereafter the Contract does not: close, then the deposit(5}shall be paid to Seller] providt~d how- ~3 ever, if the. failure to class is due to; (i} Setter's failure or refuse! to close or Seller othorvwise fails to meet the terms of the Contract, ar (ii} Buyer's lender ~~J faits to `receive and approve an appraisal of the Property in an amount. sufficient to meet the terms of'the Loan Approval,-then the cispcsft(s} shalt tie ~U retumed to Buyer. ft" d (e} Assumption of existing mortgage (see rider for forms}; or' 52" GI{d) Purchase. money note and mortgage to Boller (see "As Is" Standards Band K and riders; addenda; or special clauses'for terms}, a3" V. TITLE E17lDENEE: At least _~ days (if blank;:the;n 5 days) beforr~ Glasmy a title:ir3surance car7arnifinet7t witt~tegible copies of nstruments;listed as 5Q- exceptiarrs atl~iGhed thereto ('Title Commitment"} ancl, after Clcssinrt an dwner'; policy of title insurance (see standard f~ for terrrrs) shall tie abtained;by; it>* (CHECK ONLY f3NE}: (1) :;cile:r, atSalter"s expense,ancJ:delivers;~l try (3ray~x.ai~ l~uyrr's attorney; sir 56* U .(2}Brayer at=. Br]yer's expense. 07* (CHECK HERE}: s~: if an abstract of title is to be furnished instead of title insurance, ar7ci attach rimer far forms.. Ion sh;,a, 5t3" VI. GLQSING-DATE: ~fhi;; transact` II be closed and [lie alaain'g drx;umcnts delivered on _~._.._..._._._____ __. ('`Giosirig"}; i,itle.§s. 5J rrradifiecl by ather'[~rovisidns of this Cantraot. In the event of exfrem@ weather or other conditions ar events constituting "farce majeure",.closing will be 6fl extended a reasonable time until: (i} restoration.of utilities and other services essential to Closing, and (ii} availability of Hazard, Wind, Flood, or Homeowners' 151" insurance: f# such conditions continue more than days {'ifi'blank, then 74 days} beyond Giosing Date; then either:party'rnay cancetthis Coritraet;. FARIBAR ASIS 2x Reu 2J08 ~ 20C58 Flonda Assnciaticin of RrniTC;rte>"' and l"he Flflrida C3at A31 Rights l3eserved Parde l ofi 5 f, Thir3 softvrare 3s licensed to [Corz3.n8 Sprocket - Coral Shores Realtq Tnc~ www.transaotiandeak.rani. ~~~~ ~ l'7D75' ~ (j2 Vil. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall ccin'vey marl~etable title: subject ta: camprehertisive land use plans.; zoning; 63 restrictions, prnhibitians and_atlier requirements imposed by governmental authori#y; restrictions and' matters appearing an the plat ar otherwise 64 comrr7an to trc subr~ivi,sioli; oufstar7dincl oil, gfas aril rT7iriera{ rights of record witiioat right rif' entry' unplaited (nai:rflc utility oaseincnts chi record 65 (locate:d cantigr,tous tCj real property lines and not more Than 10'feet in width as to ihi:. rear ar from lines and- 7 1 /2 feet m width as to the, side 66 fines); taxes fgr',year of t/losirig and subsequent years; aril a.~sumcd mai#gagos anal purchase money martr~ages, if any (if aeldiiinnal icrns; sec 67* addendurr7); prwicJe:d, that. ~. ~ ~ none preVcrii use of the Property for_ 68* purf~nse(s). F39 VI11. OCCUPANCY Seller-shall deliver occeq~aricy of Property to:f3i_ryer at tirtie of Clasrng unless atherwrse stated herein I# f'rape;rty fs intended 70 to be rented or occupied beyond Closing, the fact aiici terms thereof and the tenant(s) or occupants shall be disclosed pursr.Ii~nt. to "A> IS" tatandard 71 1=, if acaupancy is to be clelive.reci t~efare C~iosing, Buyer assumes all risks of loss to Praperty from. dater at:oc~uut~ancy, sfi~ali be restlanslbli: and liable 72 far maintenance from that dale, and shall be deemed tc7 have accepted ~rriperly in its existpig eonc~itic~n as of`time of taking occupancy. 73 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: `lypewrittr:n or handvvi-itten provisions, riders and addenda shall control all printed piI'o- 74 visions of this Contract in conflict with therl~, 75* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer [] may assign acid thereby be released from any further liability under #his Contract; O may 76* assign but no# be released tram liability underahis Contract; or,U-may not assign this Contract, 77 XI. DiSCLOSURES: 78 (a) The Prapertyy may be subject to unpaid special assessment lien(s) .imposed by a .public body ("public body° does. not include a 79 Condbmnitam or Homeowners' AsSocatton). Such lien(s), ifany, whether certified', confirmed anti ratified; pending, or payabl© in installments, 80* as of Closing, shall be paid as follows: ,J~ by Seiler at closing ^ by Buyer (if left blank, ther- Seller at Closing). If the amount of any Eli assessment to be. paid by Seller has hat-Been finally determined as of Closing, Seiler shall be charged at Closing an amount equal'to the 82 fast estimate or assessment for the improvement by the public body. 83 (b) i=iadon is a naturally accurririg radioactive gas that when acaumulateci in a building. insufficient quantttias may.present health risks to per- 84 sons who art; exi:~osect twit over time: L:eveis of raclan that exceed fr~cleral and state guidelines: have been found iri bra'ildings in Florida. 85 Additional information regarding radon or radon testing may be obtained from;your County Public i-tealtlx unit 86 (cj Mold is naturally occurring and may cause. health risks or clariiage to Praperty if E3uyer is eancerneci ar desiri;s a~tditional irlfoCil~ation 87 regarding niald, Buyer should. contest an appropriate professional. 88 (dj Buyer acknowledges receipt of the Flortda Energy-Efficiency Rating lnfarmatian t3rochure required. by Section 5a3.99f%, F,S. 89 (e) If the Real Property includes pre-1978 residential housing, then alead-based paint rider is mandatory: 90 (f) df Seller is a'`fareign persprr" as defined by ttta Foreign Inveshrrent iri Real Praperty ..rte Art, the parties: hall comply with that .Act. 91 ((~) B:UYER SHOIiLD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS. RECEIVED AND READ THE HO{ViIOWN~RS' ASSOCIA- ~l2 1'IONICOMMUNITY DISCLOSURE. 93 (h) P(iC3PERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NtJT RELY ON THE. SEI i_F_.R'S Ct.IRRE.NT ('ROPERTY T,4XES AS THE AMOUNT 94 OF Pf301~ERT1' TAXES THAI' `(HF t3U1`EFt: MAY E3E OC3I..IGATED TO PAY IN THE YEAR SUBSEQUEf`J1" TO I'UI~Ci-IASE. A Ci-IAN(aE OF QWNER- 95 St-IIP OR PROP(=RTY IMPROVEMENTS TRIG~aERS REASSESStviElVtS OF Tt~~#E I?F30PLRTY THAT COULD RESULi- IN h11C',HER PROPEL°I'Y 1 AXES. 9Fi 1F YOU NAVE ANY (QUESTIONS CONCFRNINC~ VALl1AT'IC)N, GCNTAC~i- tt~iE .{~C)UN CY t?FiUF'1=H~I'Y AE'F'F~AISER'S OFFICE FOR iNFC~RMATIQiV. 97 Xil. MAXIMUM REPAIR COSTS: t>ELIETEC) 98* XIII. HOME WARRANTY::) Seller ~r Buyer ~ N/A will pay for a home warranty plan issued iJy ___ ._ .............._......__......... _ _:~.._ - ...._.__ 99* at a cast hat tci exceed $u - 100*'XIV.. iNSPECTiON PERICtD AND RIGHT TO CANCEL: (a) Buyer site%! have ,.___~ days#rorn Effective t7ate ("Inspection Period") witi>i» 101 which to have .such inspections- of tfie i?roperfy performed as Buyer shall desire and ufllities<service shat/ be made; available by the 10?_ Seller during the Inspecfian Period,- (b) Buyer shall be responsible for prompt payment for such nspectrons and repair of damage 103 to and restoration of fhe property resulting from such inspections and. Phis provision (b) shall survive terminatiori of this Contract; 104 and. (c) if Buyer determines, fn Buyer's. sale discretion, that the Property is not acceptable to Buyer, Buyer may cancel this. Contract 105 by delivering facsimile or written notice of such a/ecfion to Seller prior to the expiration of the inspection Period. lfBtryer timely 1{)~ cancels tins Contract,. the deposit(s) paid shall tae immediately returned to Buyer; thereupon,: Buyer and Seller shall be released of 1Q7 alt further obtigatio»s under this Contract,. except as.provided in this Paragraph.XlU. Unless Buyer exercises the right to cancel 108 granted herein, Buyer accepts the Property in its present physical condition, subject. to any violation of governmental, ,bwliding; 109 environmental; and safety codes, restrictions or requirements ands .half be responsible for any and all repairs. and improvements 1.10 requires/ by Buyers tender. 111 XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which~are~appiicable AND are aftached to and made part of this Contract: 112` t_t CONDOMINIUM U VAIFHA C~ HOMEOWNERS' ASSN: ^ LEAD-BASED PAINT' lJ'COASTAL CONSTRUCTION CONTROL_ I..INE 1'13* O.INSULATION CI EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS). +:.i OtherCarnprehensive Rider Pravisicins O.Addenda 114* SpeGlal ~lause(sj: 115* 11 f3' 117* 118" 119" 120* ..1.2.1 * 122* 123k 1?4* 'I 25~' 126 XVi. "AS iS" STANQARDS FOR REAL ESTATE TRANSACTIOtJS ("AS_!.S" Standards):-.Buyer and Seller acknowlec9ge receipt of a copy i2'7 of "AS iS" Standards A thrrsugl~ Z an the rcvatso side; ar'aftaahed'; which are incarparated as part of .this Contract. t=AR/BAR ASIS-2x Rev..2/08 ©2008 Florida Association of RratTC.ns" and The Florida. Bar All 1~I_yhts f~eserved F7ag~r ~ of 5 ,,~. This software is licensed to [Corrine Sprocket - Coral Shores Realty Tncj www.transaetiondesk:com.. d~startt rms 1.2$ THtS !S INTENDED'TO BE A LEGAL[.Y 81h{DINO COiVT'RAC7:1F NOT FULLY UIVt7EFiSTOOt3, 1.79 SEEK THEADVICE OF AN ATT(}RNEY PRIOR TO SIGNING,: hag -CRIB "AS IS" Ft>FiM HAS BEEN AFPRt)V~.D`BY ll-{E FI..(~RITaA ASSC)C)IATIt)N t)I" F{EJ';LTUh3S~' ANU .I.HE {-LOE31k7A k3AFi: 1:3.1: Approval does neit cc~nstiti;rte an r~pinic~n that piny of tl•~e terms and c;undifions'rn this Coniract.sl<iorild be>-accepted by the parties in a '{32 t~articrrlar tran5~ction,'rerms aid cpnditions sf~ould be negotiated based ia~bn the:i~espertive int~rESts; objectives arc! bargaining 1'33 positions of all interested I~ersons. 134 AN ASTF=FiISK(~) f`Ok_t_C)\lUWC) /a LINE Nk1(v113Et~i IN'1'h-IE MAFt~IN IN()ICAfES THE I_(Rlf= C;t)N`I'P;INS A L~kANK T~ t3E G(JM@I f=T.Ef~. 135'' ----= 136 (t3UYEf~) (Df~T~~ (SELLER). (I:)At E) 137* _._ __.~ _.____....__.___..._._.__._ _ ......_ ___. __..~,.~._..........__..._...__._.__....__. _....__.._ _ ...-.-------__............----.--._.- ----- _..__......._ ..............----- 13$ (BUYEfi) v (G*~TL-~ (SELLEr~) t17,4T1~ ers' address for nut'I~oses nt notice 139"` Bu Sellers' aclc]ress for purposis of ric~tic;e ,_.___..__._._ y ___.-_ - ....._..___-.-,-._..._ , 140° _.-----.._.......____..._..-.____..N_._..__---._.~.__..~..._.__.......:...~. _. _._._..~_- _...._-._- ___..........__._...:...::._...._. '141 * Phi?nc ~__.__~.._...__....-_-........_ ,_......__.W.__•_---- Phone 142 i3ROKERS: The brokers (inclr,rdin. g coofaPrating brokers, if .any)' Warned behw are the onl y brokers erittled to comperisa tiori in connection witf7 143 ibis C:britj~• ct: 144'Narne: S~.C.~C'~`~. `.~L-~%3~i't~..~.~x^ ~it''_ ~ -~ t C.c~af~~t"~"~_t~ .__~ Iti~< ~~"ta'~~ ..._~~~-'f t ~~~~1~~_i~_^.__ Caoperating Brokers, if an 145 ~ ~ Y ~ ~"CxC,t~s!E~' ~. ', ~~~ ~ Listing Broker ~' ~ r.d ~ c~ t ~~~ , ~~~7c~ ~~~ / t3 w raR~Bai~ f TRis soE 146 `°AS IS" STANDARDS FOR REAL ESTATE TRANSAG710NS 147 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer, 148 an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to matters contained 149 in Paragraph VII and those to be discharged by Seiler at or before Closing. Marketable title shall be determined according to applicable Title Standards adopt- s 50 ed by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiving the Title Commitment to examine it, and if title is 151 found defective, notify Seller in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to ramous the 152 defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for areason- 153 able period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall 154 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, 155 use diligent effort to correct defect(s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either waive the 156 defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title 157 Cornmitmeni and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shat! have up to 5 days from date of receipt 158 to examine same in accordance with this "A5 IS" Standard. 159 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 160 30 day grace period in the event of default If a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment 161 in whole or In part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept 162 in good standing; shall forbid modifications of, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a 163 standard mortgagee clause covering alt improvements located on the Real Property against fire and all perils included within the term "extended coverage 164 endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to choir highest insurable value; and the mortgage, note 165 and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found in mort- 166 gages, mortgage notes and security agreements generally trtillzod by savings and loan institutions or state or national banks located in the county wherein the 167 Real Property is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the Ilen of a security agreement evi- 168 deuced by recorded or filed financing statements or cortificatos of till©. If a balloon mortgage, the final payment will exceed the periodic payments thereon. 169 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi- 170 fled by a registered Florida surveyor. IF the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback 171 lines, easements, lands of others or violate any restrictlons, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. 172 D. WOOD DESTROYING ORGANISMS: DELETED 173 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its Intended use as described 174 in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS 1,5" Standard A vrithout exception for lack of legal right of access. 175 F. LEASES: Seller shall at least 10 days before Closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature 176 and duration of the tenant's occupancy, rental rates, advanced rent anti security deposits paid by tenant. ff Sol{er is unable to obtain such letter from each ten- 177 ant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact ton- 176 ant to confirm such information. If the terms of the leases differ materially from Seller's representations, Buyer may terminate this Contract by delivering written 179 notice to Seller at least 5 days prior to Closing. Seller shall, at Closing, deliver and assign all original leases to Buyer. 180 G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, 181 claims of Tien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Properly for 90 days Imme- 182 dlately preceding date of Closing. ff the Real Property has been improved or repaired within that time, Seller shall deliver releases ar waivers of construction 183 (fens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such gen- 184 eral contractors, subcontractors, suppliers and materialmen, further affirming that alt charges for improvements or repairs which could serve as a basis for a 185 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. 186 H. PLACE OF CLOSING: Cbsing shall be held in the county wherein the Real Property is located at the office of the attorney or other casing agent ("Closing 187 Agent") designated by the party paying for title insurance, or, if no title insurance, designated by Seller. 188 f. 71ME: Calendar days shall be used In computing time periods except periods of less than suc (by days, in which event Saturdays, Sundays and state or natbn- 189 al legal holidays shad be exduded. Any time periods provided for herein which shall erid on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the 190 next business day. Time is of the essence in this Contract. 191 J. CLOSING DOCUMENTS: Seiler shall furnish the deed, bill of sale, certificate of title, construction Ifen affidavit, owner's possession affidavit, assignments of leas- 192 es, tenant and mortgagee estoppel letters and corrective Instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financng statements. 193 K. EXPENSES: Documentary stamps on the deed and recording of corrective Instruments shall be paid by Seller. AIE costs of Buyer's loan (whether obtained 194 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, 195 mortgagee title Insurance commitment with related fees, and recording of purohase money mortgage, deed and financing statements shall be paid by Buyer. 196 Unless otherwise provided by law or rider to this Contract, charges for related casing services, tiffs search, and closing fees (including preparation of closing 197 statement), shall be paid by the party responsible far furnishing the title evidence in accordance with Paragraph U 198 L, PROBATIONS; CRED[TS: Taxes, assessments, rent, Interest, insurance and other expenses of the Property shall be prorated through the day before Cbsing. i 99 Buyer shall have the option of taking over existing policies of insurance, If assumable, in which event premiums shall be prorated. Cash at Closing shall be 200 Increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occtxs before Closing. Advance 201 rent and security deposits will be credfted to Buyer. Escrow deposits held by mortgagee will be crec6ted to Setter. Taxes shall be prorated based on the current 20?_ year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. ff Closing occurs at a date when the current years mil- 203 age is not fixed and current years assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess- 204 merit is not available, then taxes will be prorated on prior year's tax. If there are completed irr~rovements on the Real Property by January 1st of year of Cbsing, 205 which improvements were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's mfllage and at an equitable assess- 206 merit to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment tak~g into 207 account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill. 208 M. (RESERVED -purposely left blank) 209 N. INSPECTION AND REPAIR: DELETED 210 p. RISK OF LOSS: ff, after the Effective Date, the Property is damaged by fire ar other casualty (°Casualry Loss"} before Closing and cost of restoration (which 211 shall Include the cost of pruning or removing damaged trees} does not exceed 1.54'0 of the Purchase Price, cost of restoration shall bean obligation of Seller and 212 Closing shall proceed pursuant to the terms of this Contract, and if restoration is not completed as of Closing, restoration costs will be escrowed at Closing. ff 213 the cost of restoration exceeds 1,5% of the Purchase Price, Buyer shall either take the Property as is, together with the 1.5% or receive a refund of deposits} 214 thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree damage by casualty or other natu- 215 rat occurrence shall be the cost of pruning or removal. 216 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title ag©nt insures adverse matters pursuant to Section 627.7841, 217 F.S., as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following FAR/BAR ASIS-2x Rev. 2/08 Q 2008 Florida Association of Ren~TOas`9 and The Florida Bar All Rights Reserved Page 4 of 5 ~~t~l~r~ This software is licensed to [Corrine Sprocket - Coral Shores Realty Inc) www.transactiondesk.com. ',~ 218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 219 closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2) 220 if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall 221 have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and dosing funds shall, upon 222 written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal 223 Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand 224 for refund, Buyer shall take title as is, waiving all rights against Soller as to any intervening defect except as may be available to Buyer by virtue of war- 225 ranties contained In the deed or bill of sale. 226 Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent's receiving funds or equivalent Is authorized and agrees by acceptance of them to deposit 227 them promptly, hold same in escrow and, subject [o clearance, disburse them in accordance with terms and conditions of this Contract. Fallur© of funds to 228 clear shall not excuse Buyer's performance. If In doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, con- 229 tinue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a Judgment of a court of competent jurisdiction shall 230 determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents 231 a parry and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, ail liability on the part of Agent 232 shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. IF a licensed real estate broker, Agent will comply with 233 provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 234 any suit wherein Agent irtterpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to 235 bo paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable 236 to any parry or person (or misdelivery to Buyer or Seller of items subject to the escrow, unless such misclelivery is duo to willful broach of the provisions of this 237 Contract or gross negligence of Agent. 238 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such liti- 239 gallon, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by 240 Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses. 241 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, inducting payment of all deposits, the deposit(s) paid by 242 Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Soller as agreed upon liquidated damages, consideration for 243 the execution of this Contract and In full settlement of any claims; whereupon, Buyer and Seller shat! be relieved of ail obligations under this Contract; or Seiler, 244 at Setter's option, may proceed in equity to enforce Seller's rights under this Contract. If far any reason other than failure of Seller to make Seller's title mar- 245 ketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Buyer's 246 deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records. 248 This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall Include plural and 249 one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as if given by or to that party. 250 All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or elecVOnic (inducting "pdf") copy of this 251 Contract and any signatures hereon shall be considered for all purposes as an original. 252 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as 253 appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Properly shall, at the 254 request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. 255 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Sellar unless included in this Contract. No mod- 256 fficatlon to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it. 257 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or 258 which have not been disclosed to Buyer; (2) Softer extends and Intends no warranty and makes no representation of any type, either express or implied, 259 as to the physics! condition or history of the Property; (3) Sel/er has received no written or verbal notice from any govemmental entity or agency as 260 to a currently uncorrected building, environmental or safety code violation; (4} Seller has no knowledge of any repairs or improvements made to the 261 Property without compliance with governmental regulation which have not been disclosed to Buyer. 262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTEES; Seller shall maintain the Properly, including, 263 but not limited to lawn, shnabbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seiler shall, upon 264 reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including awalk-through prior to Closing, io confirm that 265 all items of Personal Property are on the Reat Property and that the Proporry has been maintained as required by this "A5 IS" Standard. Seller will assign all 266 assignable repair and treatment contracts and warranties to Buyer at Closing. 267 Y. 1031 EXCHANGE: IF either Seller or Buyer wish to enter into alike-kind exchange (either simultaneous with Closing or deferred) with respect to the Properly 268 under Section 1031 of the internal Revenue Code ("Exchange"), the other party shall cooperate in all reasonable respects to effectuate the Exchange, includ- 269 ing the execution of documents; provided (1) the cooperating party shall Incur no liability or expense related to the Exchange and (2) the Closing shall not be 270 contingent upon, nor extended or delayed by, such Exchange. 271 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against' Seller and, to the extent permitted bylaw, against any real estate licensee Involved 272 in the negotiation of the Contract, for any defects or other damage that may exist of Closing of the Contract and tre subsequently discovered by the 273 Suyer or anyone claiming by, through, under or against the Buyer. FAR/BAR ASIS-2x Rev 2/08 ®2008 Florida Association of ReiuroRS°' and The Florida Bar All Rights Reserved Page 5 of 5 This software is licensed to ICorrina 98rockel - Coral 8horea Realty Tnc7 www.transactiondeak.com. ~QS~ MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 11, 2010 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF MARCH 16, 2010 RESOLUTION NO. 12-10/CONTRACT FOR SALE AND PURCHASE/HOUSING URBAN DEVELOPMENT/1135 E. LANCEWOOD PLACE ITEM BEFORE COMMISSION Request approval to enter into a purchase agreement to acquire foreclosed real properties utilizing Neighborhood Stabilization Program (NSP) funds. BACKGROUND On March 26, 2009, the City approved the application for NSP funding through Florida Department of Community Affairs (DCA) for $1,905,005 to acquire, rehab and dispose of bank owned foreclosures. We have now been awarded these funds and the Neighborhood Services Division has identified several viable properties for this program. FUNDING SOURCE Neighborhood Stabilization Program 1 RECOMMENDATION Staff recommends approval of a Resolution of the City Commission to acquire certain real property under the Neighborhood Stabilization Program (NSP) as stated below: Resolution 12-10: That the City Commission of the City of Delray Beach, Florida, as Buyer, agrees to acquire the property described from the Seller, for the purchase price of One Hundred Seventy Thousand and 00/100 Dollars ($170,000.00), said property being described as 1135 E. Lancewood Place, Lot 70, Block 1, of Sabal Lakes Phase Two, according to the Plat thereof as recorded in Plat Book 70, Page 175 of the Public Records of Palm Beach County, Florida RESOLUTION NO. 12-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, SELLER, AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to buy certain property located at 1135 E. Lance~od Place, Delray Beach, Florida; and WHEREAS, the Secretary of Housing and Urban Development, hereinafter desires to sell the properly hereinafter descnbecl; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for affordable housing purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Comtrrission of the City of Delray Beach, Florida, as Buyer, hereby agrees to acquire the property described herein from the Seller, for the purchase price of One Hundred Seventy Thousand and 00/100 Dollars ($170,000.00), said propertybeing described as follows: Lot 70, Block 1, of Sabal Lakes Phase Taw, according to the Plat thereof as recorded in Plat Book 70, Page 175 of the Public Records of Palm Beach County, Florida Section 2. That the temps and conditions contained in the Contract for Sale and Purchase and Addendum between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as E xhibit "A". PASSED AND ADOPTED in regular session on the day of , 2010. MAYO R Attest: City Clerk FAX TQ ANY EMAIL ADDRESS 1. Enter email address(es) below 0 2. When hand printing, copy characters EXACTLY as below MongoFAX 3. Fax ONLY to your dedicated MongoFAX number below 0 ~1 00 oe'r , This free service is for use ®~ only by members of RMLS Vl3 ~f ~ 111 P ^ ~ i ^ 1 1 ~ ~ 1 1 1 1 1 1 1 ~ 1 1 1 1 1 1 i 1 ~ 1 Underline all boxes that contain numbers ^ 0000®0©0®®0000©©000©00©0©000®®®00000000 To: ---------- ...... .................................... ...... ......... ...... ......... ...... ......... ~ ®®®0®00®0^^^^^^^^^^^^^^ ................................................................................................................................................................. ®00®00®®0®0®0000®0^^^^^^ ................................................................................................................................................................. ~~: ^^^^^^^^^^^^^^^^^^^^^^^ ................................................................................................................................................................. From: (Identifies Sender, Enables Replies, Provides Confirmation, Tracking Number & Exact Replica Archive Copy to Email) ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... Subject: SABLE LAKES OFFER ~..'^ ~~ Notes: Nigel, As discussed, piease find oliFer #or ~~~le fakes forecio~ure in the ~mQUnt of $170,000. Cash offer to close on or before 4/13/~D~O. Only contingency is inspection period, Thank you, Damara Cohn 5fi1-866-3549 MongoNet is not responsible for any losses or liabilities arising from the use of this product. By using this product, you acknowledge and agree to the Terms of Service posted at www.MongoNet.net. Protected by U.S. Patents Nos. 6,424,426; 7,079,275; 7,164,488; U.S. and international patents pending. ®2000-2007 MongoNet, Inc. All rights reserved. MongoNet Customer Service: supporta+mongonet.net -or- 1 (866) 482-2229 wMongoFAXO Fax Only to:Your MongoFAX Number 9 ML$#: K;iU$3342 St: Price Change ..,..., 4 Type: RES - -- Rang.pr Area; 4534 GEDAreQ; PBdB Sub Type: $ Urig. LP: $195,gg4 Addrggg: 1135 E Lan~ewgod PI City: delray r3eaC17 Zip Cnue: 33'195 - 1269 Courr#y: Yalrn beach Pardel: 1742'161216dd107g4 Zoning: Rrd 4egal: Sabel Lakes Ph dZ Lot:7d Blk:i, Lot SgFT:yiSE•i! Frontage: Depkh: Subdlvlsian: Sabel Lakes PI7 42 development: Model Name: Front Exp; N Lot Size: - Garage: waeerrront: N WTR Frontage; Carport; Dock#: Parking 5paoe: 8491: N virtuar Taurr Shorr Sale: N Short Sale aoa: Nrdahp Rack: Iwuiti Qftors Accptd: Liring Rm: 12 x 14 Din: Master 8R: 12 x 13 LIY SgFt: 1,3iR BR: 3 Klterrcn: 12 x g Family Rilr: 6cAraam Z: TOx SgFt: 1,798 FB: 2 dining Rm; Florldtr Rm: Bedra4m 3: Guest Wse: WB: 0 Pknln9 Ar: Patla/bale: eetlroam 4: Yr Built: 1993/ lltiilty: P~grt:h: Bedr44m S: Pool Sire: Pets: Y Bldg#: Unit Flr#: Lantl Lease: Mobile Home Slze: FklorslBldp: 1 ReC Legge: Decal#: Units/bldg: Mln Days/Leases: Serial#: Units f Complex: Leasq Tlrnes/Yn: Brand Name: G4llernirrp Badles: H~)A Appllcatlan Fee: Tax Year/Amk: 244Et/ $4,016 Spec Asmt: N WDA: Y/ ~14'i 1 Mbrsnp Equity: Pose: AT CLpSE, FUNDING i11r: lekt ida north rp b~rwiCk e8sl ou y1bQl Idke east on riverside sniifh pn Idir Design: WtrFrt: NC1NF Const: vlear; Frnsll: UNFi1RNISHFd Pohl: urn De6c: dnterl9r: NgNE Roams: NQNF MstBB: Nt~NF Dlnlnp: Floors: OTHER Equip: ruc~NE Lot De: Exter: FaaIntl: kestr: NONE SgCUr: M rnbrsh• pleat: OTHER Cool: OTHER Boa[ Sr: Gst Wse: RooT: Parke: gam; Taxes: Cl7Y J Ct~ Wndw/Trmtg: MM t=eats: Stlbdr: NONE Pend Dt: Cltrs Dt: CD~M:41 D4M: 41 Var11y ell Into. nrt nnnr~r r.~n oceur. Gaut awned Utll: N~NC Terms: SP: Copyright xoiD Rwiona! MLS, Snc. ---- Th4 accurecy and euHrtetltip of this Inrannatian it eoR puaranlppgd ---- 43It 1114 12:53 PM Cun~ck pamarls Cohn Courtesy oft Manq,gvq Roalty ~rchnn4e, [nc 1111p://rmisfl.mlxchange.corn/S.U.U8.X151/~earch/Printprev~iewl]I.~.asp 3/;1 ]/2f1~ I:1 • ......... ... ........---- `Seller" , THE ITY DF DEL EACH ~~ and , ^ • , , . ° y ......-.__._~ p y .. _ ("1=.iuygr'), 3 hereby agrcc that teller shall call and E+uyer hall bu the fallOwu~r dr~srnhed Ideal Pro art and Personal Properly (coll~irtivaly "Property") 4 ptrr5r.rant to the term„ and vor7drtrons of thrs f,antraot for Salo and Purohaae and any rules and addenda ("Contract"): 5 I. dECRIPTION: B* (a) I_aefal description of the Real Praporty Inr..ated fn ~ALM BEACH County, Florida 7* T.~g ld (I~ealist)~ 1„~424~ti121 1 ~ . --- 8" (h) stroot address, city, zip, of the Prop~rrty~ 1135 E Lenc~wo~d PI D RA BEACH FL 3,3445 (c) f'rsrsnnal property includ0;, existin~j range(s), retric~eratar(s), dishwawher{s), ceilin{~ fan(s), lie~ht fixture(s), and window treatmer7l(s) r,nlgg5 I D speciflcaEly excluded k)elOw. 1t" C)th~sritamg Included 3ro: I ~, ...,...,---~ 13" hams of Personal Property (arid leased itam~ if any) excludod ate: ~___. y ~l * ....- .....-...._ t5* II. PlI~ICHASEPRICE (U,S.nurraney) :............................................. ............ ....-- t ~ PAYMENT: 17* (..,) C,epos,r f ir~lr7 in escrow by~,µ ..._._("Escrow Agent") In the Rmatrnt at (cl~,acics 3ut~iyc# #a clearanc©) ~-... 2.QO.Q.,00 1$" ~:;GrUw Agent's address: _ Nh~o~~e: 1t-3` (h? Additional 85Crpw deposit to be made to FFrraw ngcnt witrrin ~_ days rafter ENr3rti~a Date In the aiiiiaurik ar..... , , $__. 15 nn~.pg 20* (c) Financing in tho arr~ciur~t of (.'Loan Amount") ~aa Paragraph IV rlblpw . . . . . . . . . .............. .................. . ~- - fl nn ~~ (e) B2lanco to clc+.~d by cash, wire transfer c,r t,CiCALLY DRAWN cashier's or offielal bank nhark(s}, subjoct ?_3* to adjustrr,ents ar proratlons . . . . . . . ............... . .............. ... . . . . . ................. ........... `>; ~~ III, TIME FOR ACGEPTANG@ OF OFFJ`R ANd COUNTEfiOFFERS; EFFECTIVE BATE; 25 (a) If this offer is not cxocutsd by and delivered to all parties OR FACT bF EXECU-IlON rnmmunicated In writing potweon the parties on nr 26" t?efare _ „- ,the deposit(:,) will, a,t Buyer's option, he retirmed and this otfor withdrawn. Unless 4ther- 27 wise stated, the time }or sooeptanGg of any uounteroftar•s shall he 2 days }rom the date the count~rpffer Is deliverdd, 28 (b) 'The dat,~ of Contract ("Effective pate") will be the date when thr, la t one of the Buyer and Seller has signed or initialed this offer pr the 23 final aaunlerolier. It such date Is not otnorwise set ford, in this C:antraat, then tttio "Effective Date" shall be the date determined above for :3e) accepianGr~ of this offer or, If Applioable, the 5n21 countoraffer. 3t IV. FINANCING; :3~* t:d (a) This is ~ cash transaction with no cantlncdencies fOr fnanoing; 33* ^ {b) This Cantl~cl is s;ur,tingent an Buyer obtaining written loan cornrr:itrngnt which confirms undCrvuritinrg loan approval fpr a loan to purcha., :i~* the Property ("twoan Approval'"} within days (if blank, #han 3~ days) attPr Effective Date (""Loan /approval Dale") for (CHEC;1[ ONLY 35* ONE: l7 a fixed; ^ art adju;~#able; or ^ a flied or adjustable rate loan, in the Lawn Arnuunt (Sea Paragraph II,(e)) 2t an initial interest rate nr3t to 3G* exceed 90, and ftiar a tens of years. Buyer wilt 177ake application within days (if blank, then 5 days) after r=tt~rtiva pate, 37 RUYEf~; Boyar shall use reasonable diligence tai obtain Laan Approval; notify Seller in writing of receipt ~} Loan Approval ay Loan Approval `iFi pate; satisfy toms of the Loarr Approval; and class the loan. Loan Approval whiC:h requires a conditlon related to the :x`tte of other property shall 3g nut be dfxamod I_aan Approval for purposes of tY:is suhparac~raph, Buyer shall pay all loan exper ises, l3uyRr ar.,tharizes the mortgago broker(s) ar7d 40 lender(s) to disclose information r~al~iin~ tyre; cUnditions, status, and prngross of loan application acid Loan Approval to SAllar, Seller's attorney, 47 Deal estate Iii.~er:sAA(.s), and Olosing /~gCnt. ~k2 SELLER; If buyer does nc~t dplivar to Seller written notice of Loan Approval by I.,aan Approval Date, Bettor may thereafter rancel this Contract by 4;3 delivering written notice ("seller's Cancellation Notice") to Buyer, hr,t na# later than seven (7) days prior to Clo3ir iy, Seder's Gancellatlon N{7tl(:C ti hall 44 notify Buyer that Buyer has three (3) days to dClivcr to Seller written natira waiving this Financing cgrztingenay, ar the Contract shaft h6 cancelled. X15 dEPQI7(S) (for purposes of tllig Financing Paragraph IV(t3) only): If $uyar has used reasonable diligence but does not obtain Loan Approval 46 by Loan Approval ~]ati3, and thereafter eithCr parry Bleats to cancel this Contract, the deposit(;) shall ba returned to Buyer. If t3r~yer a4talns Loan 47 npproval ar waives (Iris Financing cantincgency, and thCrcaftar the Contract does not class, then the deposit(s) shall 4o paid to Seller; provided haw- 48 over, if tl7e failure to cl^.sa is due ta: (i) Seller's failure ar refusal !o r;lra~e ar Seller otherwise fails to mr:r..t thr terms of tl~e Cor rtrr~~t, or (ii) Buyer's lender alp falls to rr;ccivo and approve art appraisal of tho Property in an amount sufficieril to rt:set the terms of the Loan Approval, than the deposit(s) shat) be 50 rr:turnrri to Buyer ~1" U (r.) Assumption of cxi;,ting mortgage (see rider far terms); or 52' r~ (d) Purchase mangy Hate and mortgago to Seller (see "As Is" Standards B and K and rido~; addenda; or special clar,595 tar terms). 53' V. TITLE EVI~I=NCE: At least _ days (if bunk, then b days) hr~rA (;Insi:,c~ a title insur2nco ceimmitment witt~r legible copies of instrurxtents listccf a 54 exceptions attached tl7erelo {"Title C;ammitmant.") 2nd, after Closing, an owner's policy of title fnsr.,rarlce (see Standard A for ten7as) shall k,e abtainr~rl hy: rr. ~:~ (CHECK ONLY ONE): ~ (1) seller, at Sellrr's r:.xpense anti delivered to L3uyer or Buyer's attorney; ar 5G* ~ (2) Buyrar at 13t~yer's expense. 57* (CHtTGIC HERE): ^ If :)n obStrACt of title is to ha furnished instead of titlo Ir15ur'arls;e, and attach refer far terms. 5fi* VI. CLOSING BATE: This lra,-~saction shall ha closed and the Clp.;,ing documents syelivc:rsari nnC~ 411 Q9 0 ("Clasir7y"), unless 59 rlludified by other prnviaigr~; pf this Corrtr~ct. fn the everrt of extrrm~r weather e7r other condition.; or events cunstitutinQ "fnreo ma)otlre", Closing will b9 60 extended a reasnn~hle time until () r~tor:~tipn pf utilities ar,d other SgrvlCgs essential tc~ ~In ing, and (7 availability sat Hazard, Wind, Rood, or Homeowners' 1 * insurance. If such oonditiuns continue more than days (if btat7k, dlen t 4 days) t3eyand Ctpslnrd Date, then oithor party r77ay uartuel this Cantraat. FAR/BAR ASIS-lac Rev- 2/08 4~ 2008 Fir,rirl3 /1,:oci2tluii cal Fi~u~„ic~ris° and The 1'larlcla Bar All Fiir)hts Ras~:rvdci Page 7 of S bJ Vln. OCCUPANCY: rIIC3r shall deliver occupancy of Prgper[y to Buyer a# time of Clca~ing unless otherwiSa stated herein. if Pmperty Is il~tendcd 7U to he rek~teci ur orc„piaCi heyonc! Closing, the fact anrt terms thereof and the tei iarzt(sy or nrri,pants e~hall be di;,clvsed pursuant to "A„5 ! ;" Standard 71 F If nc;r.,i.ipancy is to bo delivered before Cl+asincU, Buyer assuir~ea all risks rst Inns to Properly franl dale of accrlpanCy, shall be responsif~le ai psi liat7lr~ 72 for rnaint~,nance from that date, arld shall ha rfaemed to have ~.rccepled l~~rapAriy in Its existing Gcndilion as Uf tirnr~a of takinr~ occupancy. 7:i Ix. TYPEWRITTEN OR WANDWRITTEN PRpVISIONS: -Fypewrittan or handwritten provisiu~ is, riders and addenda Shall control all printed pro- /4 visions of this Cbntra[;t iri i:rrrifliet with them. 76' X, ASSEGNABILITY; (CHECK ONLY ONE); Buyer u may assign and tl7ereby bra released from any further liability under this Contract; U may 76° 3„sign lout not tie released from liability under piis Contract; or ~ may nq# assign this Contract, it xl. DISCLOSURES: !8 (~ The Property may be :.ubjact to unpaid Special assessment lien(s) irnpasad by a public body ("publii: body" does not include a 7~3 Condpmiriiurn or HoirieoWners' Association). ~L7Cf1 lien(s), if any, whothcr certified, confirmed and ratified, pending, or payable in installment , f3q" as of Cl~ssinr~, shall bo paid as follows ~I by Seller at closing ^ by buyer (if left blank, #hen Seller at Closing). If the amount of any 81 Assessment to he paid by Salter has riot been finally determined as of Closing, Seller shall hr~ [:harr~$[I al Closing an amount e~rsal to the ~~ last estimate or assessrrient for the Improvement by the public holy. 83 (b} flarlnn Is a naturally acourring radioactive gas that when aci:urnulated in a building in s~,fficient quctntitips may present health risks to per F31 sens Who are exposed tp It oVEr time. Levels Of radon that exceod foder~al and State gs.aiciellrkeS have k7CGn €ouiid iri Liuildings fn Florida. f35 Additifinal informalior~ regarding radon nr radon testing may be obtained frerm your County Public Health r.init. 8B (C) Moid is naturally eCGUrrillg arld may ratasa health risks cr darr7age to prflperty, If Buyer is concerned or dARIfF$ aeidltional infarrnatiori fi7 rp[~arding mold, Buyer si,ouldrontact an appropriate pratr~ssipnal. 88 (dJ Buyer acknowledges receipt nt the Flaride Energy-Efficiency Fie#inq Infom7~,tion Broul~lure required by 5ectian 5 X3.995, FS. 89 (e} If llie Real Property Includes pre-1918 residential housing, than alead-based paint rider is mandatory, 9U {f) If Seller is a "foreign person" a~ ricfined by il7e Foreign Investment in Real Property Tax Act, ttie parti~,s stlall corriply with tf ia! ACt, .~b1 (gj 6UYER SWOULR NOT EXECUTE THIS Ct3NTRACT UNTIL BUYER F~AS RECEIVER AND HEAD THE HOMEpWNERS' A~SSpCIA- g? TIONfCOMMUNITY DISCLQSURE. ~r3 {h) PROPERTY TNC 1~150LOSURL E~l1MMARY; BUYER SWOULD Nf]l I-IFI..Y ON THE SEt,L.Eft'S CURRtN r F'13{7PERTY TAXES A5 THE AMOUNT ga OF ~'FiL7P%RTY TAXE;; TI~IAT THE BUYER MAY BE OL3LIf~ATED TC Pf~Y IN THE YEAR SU[i,;FC~UENT TO PUI~ ~HA5E=, A CHAN(aE= OF OWNER- 95 SHIP OR PROPERTY lN3F'I~()VI=MENT TRIOC,ERS REA:~81-,iSME{VTS OF THE PROPERIY f HAT GOUL~ RESIII-7 Ill NIGHER PR()F'tI~TY TAXES. 96 IF YOU I-IAVF ANY QUEa l`I(?tJ3 CONCEI'~NINfa VALUATION, f;C7NTACT 1 Ht [af7t,1NTY PpppEp'~'{ APPRAISER'S OFFIf.I~ FOR INFf]RMATION. q7 XII. MAXIMUM REPAIR COSTS; QELETED g!3* Xlll, WOME WAI~FiANTY: ^ Cellar C] Buyer '~ N!A WIII pay for a home Warranty plali Issued by _- 99* eft a Cori not to exreecl $ ........_ - 1 qq' XIV. INSPEC71dN PERIOD AND RIGHT TO CANCEir; (a) Buyer shall have ~` days from Effective pate {°iinspection >aariod'") within ~ 01 which td have such jnspectiorrs 4f the preperty performed as Buyer shall desire ar~d utili#iest service shat! be made svaila,ble by the 1 q2 Seller during the lnspoctiorr Period, (b) Buyer shall be r~sportsilj-q for prompt payment for suoh Inspections and rapafr of damage I fl~i to and restoration of the Property resulting fn7rn such inspectipns and this provjslon (h) shad surviyq termirtatign of thi9 Contract; 1 U4 and (o) !f &uyer determines, in puyer's sale discretion, that the Property !S not acceptable to Buyer, $uyer may cancel this Contract 1 p5 ny delivering facsimile pr wrltterl notice of such election t¢ Seller prier to the expiration of the Inspection PVgriod. If $uyer timety 10fi cancels the"s Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, ,Buyer and Seller shalt be released of 1 U7 all further dbligatipns under this Contrect, ®xeept as provided in #his paragraph XIIJ, Unless Buyer oxercjses the right to dance! 1 UB granted herein, Buyer accepts the Property In its praseni` physical candltlcn, sut]jgct to any violafi^n of governmental, building, 1 f)9 environmental, and safety codes, restrietians or requirements and shall ba responsihlo for any and all repairs and Improverrrents l .l0 requir$d'by Buyer's lender, I I 1 XV. RIDIaRS; Ai~DENDA; SF~EGIAL CLAUSES; CHECK Uis~se riders Which are spplicahle AND arse a##ached to and made part of this Cr~ri#ract: 112* ^ CONRC~MINIIJM ^ VAlFHA ~ HOMtOWNERS' ASSN. ~I LEA,D-BAStfl PAINT ^ COASTAL CONSTRUGI-ION CONTROL LINE 113' G] INSIJfAl1UN ©EVIDENCE [~F TITLE {SOUTH FLORIaA CC7NTFiACTS) U Uthpr C:amprehensiv~i I~idar Provisions LI Addenda 114' s~Ficr..lal Clause(;,): 116* 11 f~* 117' I f 8* 119' 17.0* 121' 122* 123" 124' 12 a' 126 XVI. "A$ IS" STANDARDS FOR MEAL. ESTATE TRANSACTIONS ("AS i$" Standards): Buyer anti ;tiller acl<nowlodge reCeipl of a ccpy 127 of "AS IS" Standards A Cliruu~th L on thA reverse ,~idc qr attaoYzeii, which era Incorporated as part of lliis Uontraet. FAFi1HAFi ASI.5~2x Rev. 2/OS ~ 2f)Od Flc)rid? Ae:ociatlon s~f Fitf+Lrr~A~°` and The f=lariri~ Bar All F1i~fily H~served P7go 2 Gt 5 }!'.+N~~~41 ~t7 411 0.11 II ILGI G"3lkill 7!i{{; VI i[~, 134 1~N q;;'f~I~ISK(*) FOI 1..0UhlWG A Llhl~ NUM~CR IN THE MA~C;IJ~ INaIGATES 7 f~lf= LINE CONTAIN; A E3LANIC T~ B~ CC7MPLETEi]. 1;ikj {BUYER) 1 ~ I" {DATE) (SELLCR} {naTF} U F. j {CJ1~Tl=} {S[LLER) {dJ1TE} 139* 8uycrs' addi~sa far G7i~rpnses of noticC _ .,.. SGpgrs' address far purposes of noCiCp ....._ 14(]" 1 A 1 * --. I'hvnp - Phone 142 BROKER: Thg hrokgrs (inCluCling oooperalirl~ hrnkgrs, IF any} n~rned below are th~i only hmkers~e~ntitlod tp oolTlpe~~issrtion in ronngCtlOrt with 143 this C017Lr'aLl: 14h" nramg; MA~GR~VE REALT`r` ~XGHANGE, INC 2.5°f° Ri~erstpne Realt 14M CooRara#ing Br+akers, if anY Listing Broker FAWBAFi ASIS~2x Rai- ~InB ~s 2008 Flpric~~ Assocfatlon of Rr=niTnafie ,end Tho FloYitl~ dtyr All Rights Raservad Page 3 ai S ueiects, rar inq whirr? [sayer strati, Vvilf'rirr 6 days aft8r expiration of 117e 34) day parir?d, deliver writtcrl nUlic:e l0 Beller either: (1} extcndiny tl?e tirtre for a r6aBOn- 153 ahle period not to exceed 120 days wlthln which Bettor Shell use diligent affc~rk fa remove tl,e defects; or (2} requesting a refund cf deposit(s) paid which shall 1 ~~ be: returned to l3tryar. If L~uya~ fails lu 9U notify Bt311Br, Buyer shall be deemed to havq BCCeptcd thq like as tl then Is, Seller Eh911, if titlr~ Itx f0uncl unmarketable, 155 use dillpenl gtfart to carrgcl defect(s) wlthln the #imc praviiled, If, after diligent g~ort, SClli:r i3 urrsbie to timely nt?rrgCt #hc dcfi;cl~, Buyer shall olthAr waive tl7c 156 defects, ur receiv®a refund of dcposit(S}, therehy releasl~YtU Buyer anU Seller from all further obligation;; turCler this COnlrBGt, I( Senor is to prrtividr the Tllle 1.ri7 Ccnurrilment and It IS drlivor~ed to Guyer less than 5 clays prior to ClcSirrg, Buyer may extend Closing 8p lfrai Buyer shall hang up to 5 daya irc~rn date of receipt 1bt3 in examine samq in accordanc7 with tl1is "11S IS" SIE~ndard. 159 D. PURCHASE MONEY MORTGAQE; SECUf~Ii-Y AGREEIVIEN7 70 SELLER; q purchase money rrlprtcUago anr~ r~lprlgage note to ;oiler shall prpvic~e for a 16U 3U day gr8ce period in the +~venl of default If a first morty8+~r 4~nd a 15 day grace period if e Eerond pr Icr;~ser rnortgapo; shall prCVidc for right of prepayment 1431 in wflole or in part wilhouf penally; s!?all prrmit raCCeleration in event of tran;fef of the fical Fres{~grfy; shall rCyuire all prior liens and anCUmbrancc, lU be kept 1 tit in good standing; shall fc7rpiq rnodifiGatlCns of, or ftrtr.rre gdvanccs under, prior mottgagff(8); Shall requlrq t~uyer to maintain policies of inMurar,ce contalnlnq 8 ifi3 staHCiard mortgarfgq clSUSe coveAn{1 811 imprevemgnls located an the Beal Prtaparly against Bra anti ell perils inelu~tgp willun the tgrnl "'extended envgr~r3e 1 fi4 en[tCrsemcnt:;' ~trtd such other Asks and perils pis seller may rg88onably require, in an amrnmt grlugi to their 17iyhesl insurable value; and the mortg~rye, note 165 and security 8r~reemcni ;;;Hall kae alherwis+~ In frrrrri and Cpo[+jrrk required by SAIIEr, but Seller folly only require pleases and cevor~:,gr:+ customarily found in mort- 166 gagrrti, mortgapp Holes and sceurlty rlcUrremcnts ggrigrtrily utilized by ggvincds and IOltn inslitutians nr Rtalg or national bursks located in the pounty wllCtpirl the 1f,7 Hetrl f'raperry Is Icx:algd, NI Pcrsenlrl Property and Igaaes beinr~ ccrrveyed or assigned will, at Srllr;r t{ cotton, be sub~ept to 'the lien of a 8gt;urrly agr4er>7er11 evi- 168 dented by rapnrded or filed fir7lrrrc;ing statemart18 or eerlificaleS el title, If a hallr?nn mortr~ag~+, t.3re linal payment will exceed the r~eriUdic; payments Ihererm. '169 C. SURVEY: Buyer, at [3uy61''S expense, willlirl iirne allowed 1o deliver evirlance of title and l0 exarrrino soma, may have #hc Rr}~al Property surveyed anti certi- 170 find by 8 registered Florlria s~,in+oyor: If lt+tt' survey diselnaea encreacl~u7+errla on the Rea! Pmprarty or tf~ilrl irrtprovemcrlts la~:ated thereon enCrpa(;h on sothank 1 /1 Imes, edscmr"nt ;, lc+r'rd9 of athgrs ^r violate any rFrSlrit;li0ns, Gonirta4t covenants pr applicable ypverrlrnenta! rogulatiarr8, the same Slrltll cattstitute a title defect. 172 O, Wppp f]ESTROYING QRGANISMS; CELETED .. 17:~ E. INGRESS ANd E~,~E$5: Seller wz~rrants and r81?rer3ents chat there is ingress anti egress to thq Reaf f~'roporty sr.iffici8nt for ttM intended use as deSC:ring$ 174 in Parar~raph VIt ltereat and 11tIR ib the Real Prcperiy is insurnl?la in ACeordanor3 with "AB 1B" Standard /1 withocrt l+xception tqr lack of legal right of {,recess. 175 F. LEAt3t:$: Seller shelf at la88t 1Q days bgtprH [}lasing, furnish tc 8uycr copies of all writteH 1e85,?s and c;;toppel letters from each tenant spepifyrriy the nature 176 and duratlorl of the tcnanly occupancy, rartit{tl rotas, advltrlced rent and FAdurity dcposit;~ t~ttid by tenant. If Seller is unabir. In r)t~lain such Igtter frorrr oath terr- 177 ant, the same Intcrrirr~lion shall ba fiJrnished by Seiler la Buyer wlthln that time period in the farm of a Seller's affidavit, ltnd 8uycr may thareaftcr cantapl ten- 178 aril to confirm such information. II the terms pf ing leases rllfirrr materially from Seller's ruprrifiyol8ki,~ns. Buyer rp8y terminate this Conkract by dgiiUgrirtg writt~rn 173 natirr tD Seller at ICaSt ~ days prior to Closing. Boller ;;hlrtl, at Closing, r'Jeliver and aS,~grr all original leafig8 th Buyer. I f30 G. LIENS: Seller Shell furnish to RuyErr ilk lime of Closing art affidavit allesting to thq absence, unless c~therwisc prav;dgd for herein, of any financing statorr,~nt, 181 claims cf Ilan ar p+?+en#ial liarlari known to Seller and further all~ygting that there [love been na irYrprpvgrr:ents ar rApalrg In the Real Properly far 90 days imme- 182 diatrly prr3ceUirig data pf Closing, If the Ry~rl f~ropcrty has begs improved qr repaii~cd willlirr lhrat lima, Seller shall deliver rgleiayes or waivers of CCnstruction 18.'3 iienS exe<auied by all general cantractcrS, subcantrac:torS, gupplia~s and rnaierialirion in 8dditien to BCllprtij lien affidavit setting forth the namtlq el till such gerl- iH4 erAl oantractorfi. 8r.rhrontractore, Suppliers and i'n8tgrialmen, furltle;r affirming that all r.,har~les tqr rirrp,c7vements or r9q~jair5 which coulp serve as a basifi for a 185 constructipr ~ Herr ar a claim for damages have [Seen paid or will l?g paid at th+s Cresing of this Gartiract. 186 M. PLACE OF CLOSING: C;Ir?sinrd ;hall bu Yreld in the county whei~in the Real Property is laraled at the affioi~ of the attornQy or other Clcssing aggr ~l ("Ciesing 187 Agent") dgsicrnated by it,q party paying for title insurance, Ur, it no title In5ilr8nCe, designated by Seller. 1$$ L TIME; Calendar q~rys shall bo used in romputiny little periods except periods of Icy lhtur six (B) days, In which event Saturdays, Sundays and state or nc'ttipn- 189 al legal holidays 8hgq be cxcludgq. Any time pgrlods provided for I~rerein which shall end on a Satturl8y, Sunday, pr a legal holiday shall extend to 5:00 p.rrr, of the 19U next brlfiingSB day, lgmo is of the essence ir+ this Cantraot. 191 ,}. C~CISING DOCUMENTS; Seller sti,~sil furnish the deed, bill of S31e, rprtiflC~rle al title, ggn3truCti4n lion affidavit, owner's passgsSion affidavit, assEpnmerl#s of lea:;- 19? es, tenant and mgrtr~aCdee estoppel letters and eorractive instsum+3nts, [Sayer shall furnlstr mortgage, mprlgltge note, s~rrurity agrtSemant and lir'+lurcing statements. 193 K. E7CPENSES; Documentary Stamps on the Ueed and rvaprding of corrertlve instruments shall be paid by ~allgr. All casts of Buyer'8 loan (whether obtt3incd 19A from Seller or third party}, inClirding, but rrcl limited to, dcscumgntary stamps rind intanglhle t8x on the purcl7ra8g rrraney mortgage 8nd any mortgpye assumed, 1yb mortgagee title iHSurancc commilirrenl with relateel fees, and r~ccrUing of purehafia money martgayq, deed and flnaneing statements Shall l;re paid by Lllyer. 196 Unless cingrwise provided by 18w or rider tp Ihi9 Contract, rh8rges for rolatgd closing services, title search, and orpSirrg tees (inCludlr}g preparatirn7 of r,ICrsing 1 g7 statement), shall be paid by tog party resppnsik?le for furnlstllnq Il,g title cvidpnpe in accordance with Paragraph V 1 ~ r8 L. PRORATIDN$; CRECiT$: "taxes, assessmgntg, rent, intvrBSi, insurance noel other cxpen„a3 of the F rgpprty sh811 b6 prorated thr0uc~f1 the day bgfptg Closing. igJ F3uygr shall have thq option of takirsg ever existing policies of Insuranr:p, if assumable, in which event prx~miums shall be prprl<led, Cash at Closing shalt by 200 iircreased or dar;r+g88ed as maybe required by prprations to ho made through day prior to Closing, nr,]CCiupancy, if oCCUpancy occurs befnr,g Closing. Advance 201 rent and r;aC~~sity depa,itS will be credited to Rr.rygr. Escrow GgpUSils held by mrrtr~arjee will bar cre~tiled to Boller. Taxed Stral! be proratgq Y~ased on the aurrgnt 202 yeah ;tax wiltr due allawar+pe matle for maxlmurrr allowable disppunt, hom~,ste8i 18nd other taxgmptipns, If Closing CC~Curg at a date whet r the currant yaar'8 rnill- 2{73 agl+ iy nal fixed and rurrgnt year's assp,Srirent is avallabla, taxe8 will be );rrpr#rled based upon such assessment laid prior year's mlllage. If Current year';; ltssess- 2U~ moot is oat av8il8ble, then taxes will be prorated nn prior year tax. I! there are completed improvarpnt;~ err lr-e Real Property by 4lanuary 7 st pf year of Closing, 205 which imprUVements were nnl in existeneC prl .lr~nuary 1st of prior year, thou taxg3 Stroll be prorated based upon prior ygrrr'S rnillage and at an Rf~ui#abic as ;qBS- :~flti meet to be 2gread 4tppn between thr~ p~rrties; failing which, request „hall be made to the County Property Apprgiser tar an Informal agsgssmont tahiny into 2U7 aCCtrunt availaglrj exemptions, A tax proration ba:;pd oil err estimate shall, et request of gilller early, ba readJusted upon roccipt pf Current year's tax bill. 208 M. (REt3ERVEp -purposely left blank) 2Uf1 N. INSPECTIQN ANO REPAID; pELETE>a 11 U O. RISK OF LOSS: It, after the Effective ^ate, ine Property iS r:€tsrnaged by flee nr other casualty ("Casualty l-oss"} l7af~+rg :losing and peel of restoration {wnir.,h 11 shall inplurle the cost of pnming ar removing dr~rnaged trees) dogs oat rxrs8gd 'i.b'tf, of the PurcYrase Price, C;pgt C,I restoration shall be an obligation cf Seller and ?..1? ClpBirlg shall pracearl pursuant to thq leans of this CnntrBCt, and if r~;;lpralion is not cnm~slg#ed as of ClpSiny, restoration eo5tt; will ke cscrowgq t~l (:losing. If ;~1;3 the coat of rostaratiprl exceeds I.5`Yv 4f the Purch7;,e Price, Buyer sflall either take thH F'rC,perty as 15, together with the 1..5yf, or receive a rr~fur'+cf of deposit{s) 21 ~ ttlereby r~ICaSir rg Buyer and SelEer from all further Obligations under this Contract. Seller's sole obligation with respect tp trod damage by casualty cr other natu- 215 rat occurr9nCe shall bo thy, 0081, c,l pruning or removal. 21f~ R CLOSING PROCEI711DE: The dead shall bo recordc^ ut:~Orr clearance of I'r,rrd8. if the [ilia ayerd insures adverse matters pursuant IO Section 627.7{i41, 217 FS., cr6 trrnendcd, the escrow and rlnslnr? procedure rggzaired by this "A:3 IS" 5tanclar+~ S17r~i1 be waived. lJnlysa waived as scl Icrlh above the fOltowing FARIBAR ASI$-2x Feu 2/08 ~ 2nU8 Flariurr Association of RFnr ~rC~rs°' and Tt~a Florida Bar All RiBhrg Reserved Pugs 4 of ~. u„u :.,,,,wnv u~i~er ueiia~HUU d or refund, Eiuyur •~hatl tak~a tPil~ as is, waiving all rights agalnr;t S?Ilex as to ar~y intervening dgfc~ok except a; moy be. availablq 1^ Coyer by virh,rq r-d war ??Cr rantics currlttined in t#la r~~qd ^r bill of Sale, 226 Q. ESCROW: Any Closing Agent ar p~:row agent (oolle[;iiveiy "Agent") receivtnll fGnc~w r~r equfvalgnt is duthorizerl anCl atlrc;us by accgptrance of them to deposit 227 rnem prnmptty, k~rold Sarno In asnrow and, sul~Jgol to clearanra, disburse t11F,3rr'I in accordanra wii~r forms and ccnditians of this f%nrNract. Fallurc3 of funds to 1;~6 clear shall not axcusc EjuyQr'S performance, If ir1 doubt as In Agent's duties pr lidbilitics unr7Hr lrre provisianS 4'I this Contract, Artgn# may, ai Ay(rrrl ~ option, con- 229 tinuo to hold the sUbjCCt rrrdlter of the gSnr(rw until t17r1 parties hereto ogres to its ~IiSt7uraernent ar until a judgment pi ~ ccurl ai comp+~tank jurisdictir~rl Shall 2;if1 dHterrnine the rights of the partiga, or Agent may deposit same with the clerk rjf ltte circu4t rnurl having jurisdlcliCyn o[ the dispute. An attorney who represr>nts 231 a party and also acts aw Agent may rgprgsent such party in such action. Upon notifyhlg all parties rcncerned of sucl7 acliar7, all liahlllty ort the part of Agent 2:i9 HIraU fully fenr~inate, except to thH extent of auCOUnting far any itglY'!s provivusly delivered out of escrow. If a IiCgrtsed real estates hrnker, Agent wii! corr:pty with 233 prnvlsinne of Chaptpi a ~5, F.S., as amgnd+'d, Any soil taetween [3uygr ar~d Scllcr wfr4rE,irt Agent is m€tcie d party bccaus~;~ of acting as Aggrrt Yrereundcr, nr ut 23~ any r=.ui1 wherein Agr~ttl interplearJs ihq subject mull.gr cat the cscrnw, Agent shall rtoCUVer reasanal~rie attnrney's foe;, anW cosis incurred with these amounts to F!;i4 Be paid from and o+.rt of the oswrUwed funds rsr equivalent ar~d oturged and awarded as rnr.trx costs in favor of the prevailing party. 711r~ Agent shall nOl be liat~ie 236 to any porky ar pcrsorl for r'rrisdelivery to B~ ryCr or Seller of items subJar..i to the escrow, unless such misdglivery is ciao to wilNul breach of the provisions of tr,is 237 Ccidract or grass negiir~ance of A~lonl. 2:38 ~I. ATT^RN131'"S FEES; COSTS; In any litigatlcn, inrhlding brpt,uh, ertforccmc~nl nr iatnrprctatiurr, arising out of this'. Contract, the prevailing parry In such liti- 2:1A gatinn, which, for purposes of this "AS IS" St,sndEtrra, shall Include Seller, CiiJyFrr artd any brpkgrs BCting in ag+anoy br nonagcnCy relationships alrlhorized by ~~0 C'hapta~ 47b, !--S., as amended, bhall be entitled to recover from the non-prevailing party raafiorr~ibic attori ~qy'S fees, costs and gxprnsos. l41 5. FAIbtJRE OF PERFQKtMANCE: If Buyer fails to lsarie~rrrt this Cfjr11ra41 within the time specified, lnoluding payment of all dcpositS. tnq deposit(s) fsait! by 242 sugar anti deposit(s) rxyreed to be pairs, rTray be rLCC+vered and r'Eat7iY5ed by and for Isle account of Sallgr as agreed upprr liquidated damages: Consid~.rati0n for 2~;i me executign of this Cantraet anrf in full scttlq~neni of any claims; wharcuppir, Buyer and SallAr fihall bo rcllisvr~d al all obiigatlnn~ under this G]ntra,ct; or sailor, 244 at Sellor:s nptior~, may prC,Ceed in equity to [~nforcc 5eller`3 rights under this; Contract. It IUr any reason 01f16r than faiirnra of Seller to makq seller's tiffs rrlyr- 245 ketabtq aRer diligent ettcrl, Seller fallfi, rlgrtf@rts or rofu9ea !o pcrfnnm this Contract, gayer may soak 517ar:ifiq pcrfam~anCe or elect to racaiva Iha r-ctum of Buyer's 24fi depUSil(s} witharrt thereby waivh7g arty action f;ar damages rt;svllirig frcam Sgllgr'g k7rench. 247 T. CONTRACT NOT RECOFiOABLE; PERSONS BOkJP#f3; NOTICE; COPIES; iVoith4r ll~tig f;antraet nor any notice of it „hell t7e recorded In any public r~ccorrfs. 248 T}liS Gvnlract shall hind Rt'td inur[r to file benefit of Ihq parties; and (heir succoS54rS irl interest. Whenever the cgntgxt permits, singular shall includir plural and ~4J one gender shall include all. hlolic;e and dellvary rtiven by or tc the attorney nr bmkflr reproseniisig any party shall he as Cffcctivc aS if given by or to that party. 250 Nt nctirr. rriual be in wrtting and may be made by mall, personal delivery or olectroniq rtteciia, A legihla [aCSimilc or cloClrortic (includln~} "pdf") copy ci trliy 251 rlprltraCl and any slgnaturESs horovn shall be consldargd for all purposes as an orlgtnal. 252 tJ, CONVEYANCE: Belief shall Convey marketahlq title to tl7o Real Property by statutory warranty, trustee's, personal rr'prosontative~, or guardlan'fi deed, as 253 approptiat'3 i0 1Yte status of Seller, eubjact Only to matt®rs ct~ntained in Paragraph VII and thnaq otherwise accepted by Buyer. Peraon;~l Pr~opcrty 8trall, ai the ,rtia request of Buyer, be tranafgrrgd by an at~SOlute bill of Sala wi#h wan~nty 01 Bile, sub]ect nnly k0 such matters as may be otheiwise provided for herein. 255 V. OTWER AGREEMENTS: No prior or present a~;ie9rnerris ar reprasgntations shall k]e Binding upgn Buyer or Scllcr unlyS3 included !n this Contract. Nrr r7rod- ?5fi Rica#ion to or ch~ritge in this Cantraot sh311 ba valid or binding upnn the parties unless in writing and gxgoutod by thq parties intended to h6 Bound by il. 2a7 W. SELLER QI$OLOSURE: ~-I) There are no facts known to Seller materially affecting the value of the Property WhiCtl era not rt3attily obsorvablq 4y Buyer or 258 which have not boon QiSClased to C3uyar; (~) Bettor gxtgrtds and intends n0 warranty ant[ makes no repre5pntation of any type, either Bxpras5 or implied, 25`.1 p5 to the physics! aonditiart or history of the Property; (3J 3a11gr has reeelv9d !70 written or v$rhp! notice from any ltovemmenta! entity or agenoy as 240 fa a currarrtly uncorrected building, envlrertmental ar safety code vlolatl4rr; (aJ Seller has no knowledge of any repairs or improvements made to the 2G1 Property without ctamplldnce with g4verr*mental rggulatlon which have not boon disclosed to Buyer '~B`t 5(. PROPERTY MAINTENANCE; PROPERTY ACCE$$; ASSIGNMENT t7F CONTRACTS ANl7 WARRANTIES; S411er shall maintain the Prpperiy, including, 263 bt,lt riot limited to laver r, shrubbery, rand pool in the r..ondition cxlstii,g as OP ~ffeLKlVa C)~#9, ordinary wyar and tear and Caarralty Loss excepted. Seller shall, upon ?ki4 rraionahlp rrolice, pravlde utililiar3 service al7d access to the Prnperty fer a[7pru,iyaf and Inspectione, inoluding awalk-through prior to Oln~i~rg, to eurrtirrn that 245 all items of Persona! PrapgrYy ar,e on thH RHaI Property and that the Prgpgrty has bean rnaintAined as rnyt,;rglt By this "AS IS" Standard. Seller will assign all 266 asslgnahle repair and lreatrnent eonlrartS and warranties to Lugar at f;lnr.inr3, 2fi7 Y. 1031 EXCHANCaE: II either Sollor nr t3uyer wish tp anler into a Ilka-i;ind exchangq (either simultaneairS with Closing er rJelerred} with rospert in the Properly 2kfEt under Section 10$1 of the Internal Flevenua Cade {"~~.xrhar~~}C"}, file other party shall aoopcratr: !:7 ,)II reasonable rpspect.F to effactuata 11TH F~cchangc. Includ- 269 ing iho FIxE1C[rkinn of sJucurrlertis; provldad (t) the ooopcrulirtg pally shall Inr:ur no liability ur expense related to the ~xohange anU (2) ltte Closing fihall riot be 270 corilingent upon, nnr ezterlded or delayed by, such ExCtlBngc. 271 Z. BUYER WAIVER [JF CLAINfS: Buyer wolves arty clairrr,S against Se!!®r and, ip the extent pElrmit#ed by lr~w, against arty r~l estate lioerlsee involved 272 in tiro nogptiation of th#s Contract, for any defects or ether d&mage that mpg exist st Closing of thcr Caniraot and h~ suf~soquontly diseov~rod by the ~° f3 8uyt3r or anyone claiming lay, through, under or against the Buyer. FAFi/BAR ASIF,-4x lieu. 2/Od Cw 2008 Flc,rir~a Association of RFai?on s"" anti the i=lorida [3ar A8 RightB Rtscrvud Ppge 5 ^f 5 li initialed ey all parties the clause belaw will hi3 incorporated into tho FAR/BAH Contract for Sale and purchase betwFer~ ER ~ .....-.. an[J _._ .. ~...._.- P Y - __ ......._-. -~ - --- cno7rc,rninc the Pra art de,~cribod ~ f I''~ -- - -- - (Buyer) I.",aGi~ D ~~R~ ~.........._. HOME~WNIERS' A~~~CIATiQN/COMML1lNITY DISCLOSURE I~uyer's initials -Seller's inikials; If try lee made a part of the Can#racl. lF THE QI;~CLOSLlI~E SUMMARY REC,kUIf~E^ BY Cf~APTf=R 72d, FLQRIUq SfiATUTES, HAS NAT UEEN PROVIdEb TQ THE PRI~SPECTIVE PURCHASER BEFOF3E EXECUTING THIS CQNT~iAT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER gY bELIVERING TO SELLER OR SELLER"S ACaENT OR REPRESENTATIVE WRl1~"EN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN ~ DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR RRIOR TO CLOSING, WHICHEVER OCCURS FIRST, ANY PURPORT'Ee] VNAIVER OF TFlIS VOIDABILITY I~IGfIT HAS NO EFFECT. BUYER'S RIGHT` ~'0 VOID THIS CONTRACT SNAIwL TERMINATE AT CLOSING. BUYER SHOULb NO'S EXECUTE THIS CONTRACT UN"~II~ BUYER HAS Rf*CEIVED AND READ ~'NIS DISCLOSIJRi=. Disclosure Su~7rr'nary Far . _ ~. ~c.-~ ...-.._ ....... ~Narno of Comn~uniiy) 1. ,~q4,`,i A t3UYER OF PRC)PFRTY EN THIS COMMUNITY, YOU WII. i. F3F OBLIGATEC} TU BE A Mi=MBER OF A H(7MI"OWNRRS' 1185QCI- AIlCJN ("A55pCIA1"ION"). 2, THERE H/1VE BEEN OR WILL BF fJi_:O(]RDED RESTRICTIVE COVENANTS ("COVENANTS"} GOVERNING 1'HE USE AND OC,t;U- PANCY C)1~- I'HUPERTIES IN THIS COMMUNITY, 3. YQIJ WILL 8E OBLIGATED TO PAY ASSE$MI:=:N 1-S TO THE A~CIATICN. ASSESSMI=;N 1~ 5 MAY BE SUBJECT TO PERIODIC ChiANGE=. IF ~1PPLiCAl3LE, I~HE CURRENT AMOUNT IS $ PFI~ _ ..~- .. . Y01.1 WILL AL~~C) F31. OC3LIGATED TO PAY ANY SPECIAL ASSt;SMENTS IMPO~;EL] FiY TIDE THE ASS1~1 ION. SUCIWI SPECIAL ASuESSMENTE MAY BE SIJB.JEGT -rU CI-~IANGE. IF /1PPLICABLE, THE CIJRRFN l AMc7UNT !S ~ _ PER ~~_ _ 4. Y(?U MAY 8E QF31_IGATED TO PAY SPECIAL A,3a~ ~,~MFNTS TO THE RESPECTIVI= MU `~` _`~" - NICIPALITY, COUNTY, OR SPECIAL DI$ TRICT. ALL A~SSESSME=NTS ARE SUI3~lEC1~ ~fO PERIODIC CHANGE. 5. YOt.IR Fl11LURE TO i'AY SPECIAL ASSESSMENTS pR hSSESSMENTS LEVIF_D r~Y A MANDATORY HQMEOWNFI~S' ASSOCIATIQN COULD RESULl~~ !N A LIEN DN YQUR PROPERTY, 6. THERE MAY I_iL AN OBLIGATION TO PAY RENT OR I„ANU USE FEES FOR RECRErATICNAL OR C)THFI~I COMMONLY UCED FACILI- TIES A5 AN O$I.,FCa)'1TION OF MrMl3ERSHIP IN TIE iµICME~WNERB' ASSUC;IA'1"IC7N. IF APPLiCA(3LC, 'C'HE CIJRREN'F AMOUNT IS $,~.... (/ ._ PER ~~~ _ _ 7. THE f~FVFI_OPLFi MAY HAVE THE RIGHT 70 AMEND THE RL••.`S fRICTIVE COVENANTS WITWOUT THE Ai~Pf~OVAL (71= 'THE ASSOCIATION MEMBERSHIP OR 1 Ht APPROVAL- (7F THE PARCEL OWNERS, B. THE STATEMENyI`S CONTAINED W -I k-Ilu DISCLOSURE FORM ARE ONLY t.1MMAI~Y IN NATURE, AND, 11S A PROSPECTIVE PURCHASER, YOU SH(]ULD REFER TQ TI~IC COVENANTS ANb THE ASSOCIATIQN (aUVCRNING DOCUMENTS B`FFCRE PUR- CHASING PRQF?I_R~~fY. 9. THF:;F C~QCUMENTS ARE EITHER MATTERS OF f UF31_I[; RECORD AND CAN BE OBTAINED FROM THE I~IF.GURD UFI=ICE IN THE< COUNTY WHERE THE PI~UF'ERTY i5 LQCATED, OR ARE NQT RECQRi~EIJ AND CAN BE Qf3TAINCL~ FROM THE DEVELOPER. ~E3UYER Date BUYER Date ~[3Ck-f] Rrv. 7/(if" ~'~ 2005 Fluriiia A,~;~vci~iiQn of i~~,~raRS'" anrt'rha Flnrirla Rar /1111=11gYils Fi~s;~yrvr~d Page of Com~rar7~,r~rzivK F{ir}kar to thr BAR/BAR CpntrACt for Sale acid Pure:hafi~ ::. T`hi~ s'o~Cw~re is licensed L~ fRichard v~cck~.ic - Realty A,s,~ociates F~ P.x~op.] www. C~'~ri$~C~~.and4;~1C.GOL~. The fallowing provisions aro made a pert at the Contract for Bale and I~urchase ar Residential Sale gnd f~urcha.SA Contract between, ........_-_ ...--(Seller) and ......._ CITY OF T]I?I,I~AY BEACH ~ y ) -.~-- -- ........~..~ Bu or concerning the Property located 8,t 1 t3~ 13 Lxnc~wDOd P1, DELRAY Ii13ACH, FL 33445.,-.-..-_. ~. Buyer, at Buyer's expense, may have a qualified professional conduct an inspection of the Property far mold within 7 days from the Effectlvc l7~tte {"Mold Inspection Period"). 2. Buyer shall he responsif,~le far prompt payment far such ins}~ections and repair of damag® to and restoration of the Praper#y rc5uiting from such inspectlans. This provision shall survive terming#ion of the Contract. 3. In the event the mall Inspection reveals a slgnlficant presence of mold In the Property, which requires prafessiong.ls t4 remove the mold, $t a Cost which exceeds $_..,,,,..._1°~-~~~, Buyer mey cgnCel the Contract by delivering written notice of such election no later than 4$ haurS after expiration of the Mold Inspection Period. l# Buyer timely cancels the Contract, the deposits paid shall be Imrrlediately returned to Buyer and Boyar gnd Seller shall be released from further obligations under the Contract, except as provided in subparagraph ~ above. 4. If Buyer f&i!s to conduct the inspection permitter! In this Paragrgph or having conducting such inspections, fails to timely notify the Seller of Buyer's intent to Cancel this Contract or If the maid inapeCtian does not reveal signifiCgnt presence of mold in the Property which requires professional remedisitian to remove the mold, at a cost which exceeds the sum specified in f?arggraph 3 above, Buyers may not terminate this Contract pursuant to this Addendum. Seller:-_...... .. ....... I .. (al~nn~urp) (print) -~-- Seller:..... _ I~g#e: (signature) ~prin!) Bu er . y _ , ,. _ / _ _. _. _.... ..,.. Cate: (slgnater9) (print) -- ""~ Buyer. .. - - ~ --~- - ".._ _._..... _._. Date' . (61yn~1lirS:} a;f71'irltj --... ,,--- ~ ,_ MIA[:-1 Acv. fUl02 ~ 2402 Florida AK6bciation of FiEn~roFi All Rignt~ Resanvoa par'! between ~tnd TFIE CITY pF DELF2AY BEACH SBuyer] concerr~inq the Property IrJC:dted at t 135 ~ Lanoew^^d Pl, D~LRAY BEACH, FL 3445 ChineselE~etectlve Drywall: during tyre lime Florida was expcrioncing building rirdterial shortages, 5orrle horrres were buii# or renovated using detec~.liv~r drywall imported from or manufactured in China, Detective drywall reportedly emit: IBvels of suftur, methane and/nr other volatile Organic campeurrds ifrat cause corrosion of air canditior~er r~rrd refrigerator coils, copper tuning, clcctrical wiring, cornputer wiring and oche:-17ausehald ilerrrs ~~ weq as create noxious odor, whiCl7 may also pose health risks. 1. Seller"s Knowledge: Dxr,~pt as indicated i~elow, Seller has nn knowledge bf the presence bf Chinese/deteCtivEr drywal! ar of any records ar repr~rts pertaining to Chinese/defective Cirywall affecting the PrppErCy: (describe all known Chinesrfr:iefr~ckive drywall infprrrratibn and list all avc~ilcrble documents pertainingl to Chinese/Ci~ifr~c:tiva drywall and provide dacurr~en#s, i(clrly, to Buyer bt~tpre accepting buyer's Uffer). 2. Chin$se/~eifecti~e Dryvrr~ll Inspection: (CttiHr,k One) GI Buyer waives the oppOrfunity #o carr[tuct a risk assessment or inspection 'for lire presence c# C;hinese/defective drywall and accepts IhB drywall in the Property in its existing r,•[mditirm. ~ Buyer, at Buyer"s expense, may have a i~ornd inspector, licensed contractor or Utilef licensed pratessie~nal {if regzrirod ay law} to canduet an in•I)r~ction ar risk ~ ;sessment of the Prn~~erty fc~r the pre5enee of Chine3sbldefective drywall within -?._... -.. days from the Effective Efate ("Drywall Inspection Period"), Buyer shall be reSpr>irsit)Ir~ fr}r prompt paymer7t for such inSi)@c,tiarls and repair all c#amages to the Prof}r~rly resulting from the inspections. If the in3peCliorr car risk assestisment reveals the presence of Chinesefdefr~r,i,ivr~ drywall or reveals damage to the Propr~rly rr~sulting tram the defectivC r~rywall and the (:1st tc~ rerrrove/replar~e the defective drywall ~r d'c~rnage resulting from Yhb defective drywall rJxCe6r~s $ ($5(70 if left blank}, Buyer may cancel the Cnntracr by diving written notice to the Seller within 3 days from r rrt~ ynd of the Drywall Inspection Period ar,d rerr3ive a ret4ind Of fine deposit, If Buyer fails rr> cancel timely ar fails to ConduCl ttre inspections permitted in this paragraph, Buyer may net t~?rminate this Oantract pursuant t4 this Adr~andurn. $. ~'rofes5lonel Advice: Buyer ackr7owled~es that ail representations about Chirrusefdefective drywall by Rr~lker are based on Seiler represerilarir~ns and that Broker has not aonduclE;ii airy independen# investigations tb verify the accuracy c}r rx3mpleteness of the infor'matian, Buyer r~gr~res to rely solely on Sailor, professional inspeC.'tr)rti: etov~rrnmental agencies or any third paellas retained by the Buyer regarding any i3sue related to Chinese/defective drywall. Date Date _,...` Seller Seller Date Buyer Bale Buyer _ . .. (Seiler) CDA-1 5/09 ~ 2009 Florida Assclciatian at Realtors'' All Flights Deserved