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Agenda Reg 10-15-02City of Delray Beach Regular Commission Meeting Tuesday. October 15, 2002 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Dekay Beach City Hall 100 NW 1st Avenue Deltay Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. 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. Co Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, indiv/duals 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 adv/sed 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. The City wall furnish auxiliary aids and services to afford an individual with a disability an opportunity to pamc~pate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event m order for the City to accommodate your request. Adapuve listening demces are available for meetings in the Commission Chambers. 2. 3. 4. 5. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: October 1, 2002 - Regulgr Meeting October 7, 2002 - Special Meeting October 8, 2002 - Special Meeting PROCLAMATIONS: B. C. D. E. F. Recognizing and Commending Eula Mason-Berry Commending S.D. Spady Elementary - "A" on FCAT Commending Morikami Elementary - "A" on FCAT National Epilepsy Awareness Month - November 2002 Children's Home Society 100~' Year Anniversary - November 2002 Jewish War Veterans/Ladies Auxiliary of Broward/Palm Beach County Council Week - November 3, 2002 - November 10, 2002 National Bible Week - November 24, 2002 - December 1, 2002 Recognizing and Commending Urban League of Palm Beach County PRESENTATIONS: ho Dekay Youth Vocational Charter School - Officer Puma Lights On After School Program - Janet Meeks CONSENT AGENDA: City Manager Recommends Approval. A0 FINAL SUBDIVISION PLAT APPROVAL/STONE STATION: Approve the subdivision plat for Stone Station Florida, Inc., located on the southwest comer of S.W. 7~' Street and Auburn Avenue. Bo FINAL SUBDMSION PLAT APPROVAL/GOLNON REPLAT: Approve the subdivision plat for the Colnon Replat located south of N.W. 11th Street on Lake Ida Road. ACCEPTANCE OF EASEMENT DEED/DELRAY PARK OF COMMERCE: Approve and accept an easement deed associated with the development of Delray Park of Commerce, Tract D (Grand Bahamas Professional Park) located on the east side of N.W. 17m Avenue (Park of Commerce Boulevard) at Fountain's Way. -2- 10-15-2002 E0 Jo K0 AUBURN TRACE HOMEOWNERS~ ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT; Approve an agreement between the City and Auburn Trace Homeowners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Dekay Beach and the Community Redevelopment Agency (CRA) for furnishing/administration of professional engineering services. AGREEMENT/EXPANDING AND PRESERVING OUR CULTURAL HERITAGE (EPOCH); Approve the modified funding agreement and Amendment No. 1 to the lease agreement for Spady House between the City of Dekay Beach and Expanding and Preserving Our Cultural Heritage (EPOCH). SPECIAL EVENT REQUEST/SKATE THE SUNSHINE STATE; Approve a special event request for Skate the Sunshine State sponsored by Style Ventures, Inc. which will pass through Dekay Beach on November 10, 2002, granting a temporary use permit per LDR Section 2.4.6(I-t) for use of Anchor Park as a pit stop area, and to authorize staff assistance for escorting the skaters through town and trash removal; contingent on the sponsor providing liability insurance and a hold harmless agreement. SPECIAL EVENT REQUEST FOR 3'a ANNUAL DELRAY BEACH THANKSGIVING ART FAIR: Approve a special event request for the 3d Annual Dekay Beach Thanksgiving Art Fair to be held on November 30, and December 1, 2002 from 10 a.m. to 5 p.m., to grant a temporary use permit per LDR Section 2.3.6(I-1) for the closure of N.E. 2"a Avenue, from N.E. 1't Street to N.E. 4m Street, and to authorize staff support for traffic control and security. FINAL CLOSEOUT SETTLEMENT/CAROLINA CABANA: Approve the negotiated final closeout settlement between the City of Delray Beach and Carolina Cabana for past due payments. ..L. II~ENSE AGREEMENT/BAKA ENTISRPRISES OF FLORIDA, L.L.C.: Consider approval of a license agreement with BAKA Enterprises, Inc. for the use of the Tennis Center Stadium for a boxing event to be held from 6:00 p.m. until 11:00 p.m. on December 7, 2002. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $25,000.00 for N.W. 1st Street. This brings the number to 149 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-85.01 (SHIP Program). HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve Housing Rehabilitation grant\contract award through Community Development Division in the amount of $24,837.55 to South Florida Construction (202 S.W. 9m Court). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). 10-15-2002 CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EOUIPMENT INC.: Approve Change Order No. 1 in the amount of $100,531.81, and final payment in the amount of $183,712.37 to Chaz Equipment Co., Inc. for Seacrest Del-Ida Neighborhood Improvements Proiect. Funding is available from 370-3162-541-65.43 (Lake Ida Road), 334-6111-519-65.12 (iq.F.. 2~ Avenue), 442-5178-536-63.90 (Water/Sewer/Other Improvements), and 448-5461-538-63.90 (Storm Water/Other Improvements). AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E, DALEY; Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley in the amount of $48,000.00 for the period October 1, 2002 through September 30, 2003. Funding is available from 001-1111-511-34.90 (General Fund/Other Contractual Services). CONTRACT RENEWAL/LANGTON ASSOCIATES: Approve renewal of the consulting agreement between the City of De[ray Beach and Langton Associates for grant writing services for a term of one (1) year. REVIEW OF ApPEALABLE LAND DEVELOPMENT [IOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 30, 2002 through October 11, 2002. Q. AWARD OF BIDS AND CONTRACTS: Contract award to National Auction Company for auctioneering services at 2.65% of gross receipts of the auction and $10.00/hour for additional administrative services. Bid award to various vendors for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #02-145/PP at an estimated annual cost of $451,547.85. Funding is available from 445-4714-572-52.11 (Golf Course Fuel/Oil Other), 446-4714-572-52.11 (Lakeview Fuel/Oil Other), and 501- 3311-591-52.51 (Central Garage Inventory - Fuel). Bid award to Club Car, Inc. for the purchase of eighty (80) golf carts for the Dekay Beach Municipal Golf Course in the amount of $112,260.00. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course Fund/Other Machinery/Equipment). Bid award to Fine Built Construction, Inc. for demolition of Breezy Ridge and Owens Baker Road properties in the amount of $122,663.00. REGULAR AGENDA: Ao WAIVER REOUEST/(~ALYPSO BAY TOWNHOMES: Consider a request to waive LDR Section 2.4.6(1-1) regarding temporary use permits to allow an off-site temporary sales office for the Calypso Bay Development located on the west side of Gleason Street, approximately 100 feet south of Miramar Drive. (Quasi-Ju~'ca'al Head. rig) -4- 10-15-2002 10. Bo CONTRACT AWARD/ARTHUR J. GALLAGHER: Consider approval of a contract award to various insurance companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty Insurance Policies without the third party excess liability coverage effective October 1, 2002 at the annual premium of $1,274,051.00. Co AMENDMENT. NO, S/TENNIS CENTER MANAGEMENT AGREEMENT: Consider approval of Amendment No. 3 to the Tennis Center management agreement between the City of Delray Beach and Dubin & Associates, Inc. regarding an adjustment of the management fee. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance Board to fulfill an unexpired term ending August 31, 2003. Based upon the rotation system, the appoinmaent will be made by Commissioner Levinson (Seat #3). AMENDMENT TO DELRAY MERCHANT'S ASSOCIATION AGREEMENT: Consider approval of an amendment to the agreement between the City of Delray Beach and Delray Merchant's Association regarding repayment of a $30,000 loan associated with administrative and production costs for the "Celebrate the Soul of Dekay" event. PUBLIC HEARINGS: RESOLUTION NO. 83-02: Approve Resolution No. 83-02 providing for the transfer, conveyance, and lease of real property and acceptance of a Tri-Party agreement between the City, Community Redevelopment Agency, and Delray Beach Public Library Association, Inc. INTERLOCAL AGREEMENT; Approve an interlocal agreement between City of Dekay Beach, Community Redevelopment Agency (CRA), Delray Beach Public Library Association, Inc. and Palm Beach County for shared parking regarding the relocation of the library. Bo ORDINANCE NO. ill-02; An ordinance modifying the Special Activities District (SAD) ordinance and Silver Terrace Redevelopment Plan to allow Single Family detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision fronting on Dixie Highway (except comer lots) to take access from Dixie Highway. C0 ORDINANCE NO, 16-02 (ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT .2002-01); Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2002-01 and associated Future Land Use Map (FLUM) amendments. Amendment 2002-01 includes: Modification of Policy A-2.5 of the Future Land Use Element, relating to updating the Land Development Regulations regarding non-conforming uses to reflect a new completion date of FY 02/03. -5- 10-15-2002 Eo Eliminate Policy A-5.1 of the Future Land Use Element relating to updating the Land Development Regulations for consistency with Comprehensive Plan Amendment 97-1, (accomplished). Eliminate Policy A-5.6 of the Future Land Use Element regarding the need to increase densities in the GC (General Commercial) Zone District, (accomplished). Eliminate Policy B-I.1 of the Future Land Use Element regarding the establishment of a neighborhood park in the Blood's Hammock Grove Area, (accomplished). Modification of Policy C-4.2 of the Future Land Use Element in order to acknowledge adoption of the Downtown Business Plan, and provide that all future development will be consistent with the plan. Modification of Public Schools Facilities Table A-I.1 (Standards for Tiered Level of Service) and Table A-1.2 (Maximum Utili:,.ation Table) to reflect the most current available information from the Palm Beach County School Board. Modification of Table CI-CIP of the Capital Improvement Element to reflect changes associated with approved budget for FY 2002-03. City initiated Future Land Use Map amendment from County CHO/8 (Commercial High Office with residential density of 8 units per acre) and MR5 (Medium Residential, 5 units/acre) to City GC (General Commercial) and LD (Low Density, 1-5 du/ac), for eleven parcels located north of Lake Ida Road, between Barwick Road and Military Trail. City initiated Future Land Use Map amendment from County MR5 (Medium Residential, 5 units/acre) to City LD (Low Density Residential, 1-5 &/ac) for the Winterplace Subdivision (now known as the Colony at Delray Beach), located at the southeast comer of Military Trail and the LWDD L-30 Canal. City initiated Future Land Use Map amendment from MD (Medium Density, 5-12 du/ac) to CC (Commercial Core) for a property located on the east side of Gleason Street, approximately 94 feet south of East Atlantic Avenue. ORDINANCE NO. 49-02: An ordinance rezoning from County AR (Agficultuxal Residential) in part, CG (General Commercial) in part, and RTU (Residential Transitional Urban) to City PRD (Planned Residential Development) in part and PC (Planned Commercial) in part for eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. (QuaM~Judt'cial Hearing) ORDINANCE NO, 50-02; An ordinance rezoning from County PUD (Planned Unit Development) to City PRD (Planned Residential Development) for a 34.6 acre parcel, the Winterplace Subdivision (now known as the Colony at Delray Beach), located at the southeast comer of Military Trail and the L-30 Canal. (OuaM-Jud. t'ca'al Heauffng) -6- 10-15-2002 11. 12. 13. F0 ORDINANCE NO. $2-02: An ordinance rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) a parcel of land located on the north side of S.E. 4* Street, approximately 127 feet east of S.E. 6~h Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. (Quasi- Judicial Heatiag) Go RESOLUTION NO. 82-02: Approve Resolution No. 82-02 providing for the transfer of a City owned parcel and acceptance of an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for the acquisition of property located along the east side of S.W. 5th Avenue just north of S.W. 2nd Street. RESOLUTION NO. 81-02: Approve Resolution No. 81-02 authorizing the Community Redevelopment Agency (CRA) to acquire property by eminent domain. Ho ORDINANCE NO. 42-02: An ordinance mending Chapter 2, "Administrative Provisions", Article 2.4 "General Provisions" Section 2.4.3(K)(2) "Plan Check Fees", and Section 2.4.3(10(3) "Permit Fees", of the Land Development Regulations to provide for an increase. 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. FIRST READINGS: A. NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: OCTOBER t t, 2002 -7- 10-15-2002 OCTOBER 1, 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 1, 2002. 1_. Roll call showed: Present - Commissioner Patricia Archer (arrived at 7:15 p.m.) Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - David T. Harden, City Manager Also present were - Robert A. Barcinski, Acting City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk Loretta McGhee, Deputy City Clerk The opening prayer was delivered by Nancy Norman with Unity of Delray Beach. The Pledge of Allegiance to the flag of the United States of America was given. e AGENDA APPROVAL. Mayor Schmidt noted that the applicants submitted a request for a continuance of Item 9.B., Appeal of Historic Preservation Board Decision, to the Regular City Commission Meeting of November 5, 2002. Mayor Schmidt noted the addition of Item 7.D., Presentation by Chuck Elderd of the Palm Beach County Film Commission and Item 7.E., Planning and Zonine Department Award by addendum. Also, Mayor Schrnidt stated there is a correction to Item 8. Q.2., Award of Bids and Contracts and a revised Ordinance #52-02 for Item 12.C. Mr. Levinson moved to approve the Agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of September 17, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizine and Commending Matthew Boyar - Ocean Rescue Division Mayor Schmidt read and presented a proclamation hereby recognizing and commending Ocean Rescue Officer Matthew Boyar, EMT. Matthew Boyar came forward to accept the proclamation. Bob Taylor, Ocean Rescue Supervisor/Parks and Recreation, thanked Ocean Rescue Officer Matthew Boyar for his immediate and appropriate action in an emergency and for also saving two lives. 6.B. Recognizin~ and Commending Mark Henkle - Ocean Rescue Division Mayor Schmidt read and presented a proclamation hereby recognizing and commending Ocean Rescue Officer Mark Henkle, Paramedic-EMT. Mark Henkle came forward to accept the proclamation. Bob Taylor, Ocean Rescue Supervisor/Parks and Recreation, thanked Ocean Rescue Officer Mark Henkle for his immediate and appropriate action in an emergency and for saving a life. At this point, the time being 6:30 p.m. the Commission moved to Item 6.D. 6.D. Florida City Government Week - October 20~ 2002 - October 26~ 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming October 20, 2002 through October 26, 2002 as Florida City Government Week. Robert A. Barcinski, Assistant City Manager, came forward to accept the proclamation. 6.E. Make a Difference Day - October 26~ 2002 Mayor Schmidt acknowledged a proclamation hereby proclaiming October 26, 2002 as Make a Difference Day. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 78-02: Recognizing and Commending William Dennis Murray for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 78-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING WILLIAM DENNIS MURRAY FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. -2- 10/01/02 (The official copy of Resolution No. 78-02 is on file in the City Clerk's office.) Mayor Schmidt read and presented Resolution No. 78-02 to William Dennis Murray for 30 years of dedicated service to the City of Delray Beach. Joe Weldon, Director of Parks and Recreation, presented Mr. Murray with a plaque and congratulated him for a job well done. Ms. McCarthy moved to approve Resolution No. 78-02, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 7.B. RESOLUTION NO. 79-02: Recognizing and Commending Bill Rego for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 79-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING BILL REGO FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 79-02 is on file in the City Clerk's office.) Mayor Schmidt presented Resolution No. 79-02 to Bill Rego for 30 years of dedicated service to the City of Delray Beach. Kerry Koen, Fire Chief, presented Mr. Rego with a plaque and congratulated him for a job well done. Mr. Levinson moved to approve Resolution No. 79-02, seconded Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 7oC. Delray Beach Cultural Loop - Glen Weiss Glen Weiss, Director of Pineapple Grove Art Walk, briefly explained the Delray Beach Cultural Loop and stated artist Rick Lowe from Houston, Texas will lead the development of the Cultural Loop. Mr. Weiss stated he and Mr. Lowe applied for a grant from the Palm Beach Cultural Council and the grant was awarded last week. Mr. Weiss explained in this particular project a vision of the loop will be established (i.e. what is the loop, the history, the art, the culture, the tourism, and what the methodology is for empowerment of people who live within that loop to express their culture). Second, Mr. Weiss stated eight local artists and eight local institutions will join together in an effort to create a new work of art which will be on the -3- 10/01/02 street and will be the opening event of the loop. Mr. Weiss stated the third and final attribute will be suggestions for infrastructure changes which will enhance the possibility of people traveling the loop. Mr. Perlman congratulated Mr. Weiss on the grant and stated this is a great project. Mr. Weiss stated the website is now live and noted that he raised $15,000 and now needs additional $45,000 for a total of $60,000. Mr. Levinson thanked Mr. Weiss for being a great asset to the community and the Pineapple Grove area. Mr. Weiss stated his website is www.delrayconnect.com. At this point, the time being 6:30 p.m. the Commission moved to Item 6.C. 6.C. Wally "Famous" Amos Day - October 1~ 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming October 1, 2002 as Wally "Famous" Amos Day. Mr. Amos came forward to accept the proclamation and thanked the Commission for allowing him to come to Delray. Mr. Amos stated he will be back to visit Delray Beach in February to introduce and promote a new cookie named after his aunt which will be available in all Wal-mart stores. 7.D. News Channel 5 Video (Bad Boys II) - Chuck Elderd~ Palm Beach CounW. Film Commission Chuck Elderd, Film Director of the Palm Beach County Film Commission, stated the production went very well. Mr. Elderd thanked all City staff and extended a special thanks to Robert Barcinski, Chief Koen, Captain Licata, and Nancy King for helping to make the production a success. Mr. Elderd presented the Commission with a News Channel 5 video regarding the economic impact the Bad Boys II filming had on restaurants and businesses in the community. Mr. Elderd stated the economic impact is being worked on by the production company and he will personally deliver it to the Commission. 7.g. Planning, and Zoning, Department Award Paul Dorling, Director of Planning and Zoning, stated the City of Delray Beach Planning Department, the Delray Beach Community Redevelopment Agency and the Village Foundation jointly received a State award from the American Planning Association for Excellence in Planning. CONSENT AGENDA: City Manager Recommends Approval. 8oA. FINAL SUBDIVISION PLAT APPROVAL/SAN SEBASTIAN: Approve the -4- 10/01/02 subdivision plat for San Sebastian located at the southeast and southwest comers of N.E. 5th Avenue (southbound Federal Highway) and N.E. 3rd Street. 8.B ACCEPTANCE OF A RIGHT-OF-WAY DEED/MANAGEMENT SYSTEMS: Approve and accept a right-of-way deed with Management Systems Development located at the southwest comer of N.E. 1st Avenue and N.E. 2nd Street, within the Old School Square Historic Arts District (OSSHAD). 8.C. SERVICE AUTHORIZATION NO. 3/ECKLER ENGINEERING~ INC.: Approve Service Authorization No. 3 to Eckler Engineering, Inc. for design of the Lift Station Six (6) Force Main relocation in the amount of $46,000.00. Funding is available from 442-5178- 536-65.75 (Lift Station 6, Force Main Improvement Project). 8.D. CHANGE ORDER NO. 2/FINAL PAYMENT/CHAZ EQUIPMENT~ INC.: Approve Change Order No. 2 in the amount of a $12,414.00 decrease, and final payment in the amount of $9,043.00 to Chaz Equipment, Inc. for N.E. 4th Street Widening Project. Funding is available from 334-3162-541-65.19 (General Construction Fund/NE 4th Street) and 442-5178- 536-65.02 (Water/Sewer/NE 4th Street). 8ogo CHANGE ORDER NO. 3/FINAL PAYMENT/COLONNA CONSTRUCTION CO.~ INC.: Approve Change Order No. 3 in the amount of a $30,708.45 decrease, and final payment in the amount of $97,170.00 to Colonna Construction Co., Inc. for Community Improvement Sidewalks Project. Funding is available from 334-3162-541-63.11 (General Constmction/Bikepaths/Sidewalks), 334-6111-519-63.89 (Neighborhood Enhancements), and 118-1965-554-63.11 (Community Development Fund/Bikepaths). 8.F. CONTRACT ADDITION/RPM GENERAL CONTRACTORS~ INC.: Approve a Contract Addition (C.O. #2) to the ESD/Police Department Interior Modifications Project in the amount of $36,828.99 to RPM General Contractors, Inc. for the rebuilding of the cupolas at Fire Headquarters to repair termite and water damage. Funding is available from 334- 6112-519-46.10 (Building Maintenance) and 441-5123-536-34.90 (Other Contractual Services). 8.G. RESOLUTION NO. 80-02: Approve Resolution No. 80-02 assessing costs for action necessary to abate nuisances on fourteen (14) properties throughout the City. The caption of Resolution No. 80-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND -5- 10/01/02 LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 80-02 is on file in the City Clerk's office.) 8.H. WATER SERVICE AGREEMENT/DEVCO PLAZA: Approve the water service agreement for an unincorporated County parcel, Devco Plaza, a proposed 14,510 square feet office building, located at the southwest comer of West Atlantic Avenue and Markland Lane. 8,Io INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for planning services in the amount of $60,000.00. a,J. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for funding staff support for the West Atlantic Redevelopment Coalition (WARC) in the amount of $33,350.00. 8.1C CONTRACT EXTENSION/PUBLIC FINANCIAL MANAGEMENT~ INC.: Approve a contract extension between the City of Delray Beach and Public Financial Management, Inc. as the City's Financial Advisor for a two (2) year term including termination with or without cause by either party upon thirty (30) days notice of termination. 8.L. CONTRACT/BEAR STERNS: Approve a contract between the City of Delray Beach and Bear Stems as the City's underwriter for a term through the closing date of two (2) proposed refunding issues with payment of service to be negotiated and made at closing. 8.M. EXTENSION OF CONTRACT/BANK OF AMERICA: Approve an extension of the contract between the City of Delray Beach and Bank of America for banking services at current pricing through September 30, 2004. 8.N. FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve a funding agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $130,328.00 for the City's out of school program, day camps, and summer camp programs. 8.0. HABITAT FOR HUMANITY AGREEMENT: Approve an agreement between the City of Delray Beach and Habitat for Humanity for acquisition of three available lots for homeownership opportunities for low-income residents in a total amount not to exceed $31,500.00. Funding is available from 118-1924-554-61.10 (Ship Land Acquisition). -6- 10/01/02 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 16, 2002 through September 27, 2002. 8.Q. AWARD OF BIDS AND CONTRACTS: 2~ 3._2., Bid award to Reed Landscaping, Inc. for Lake Ida Road irrigation and landscaping in the amount of $382,845.88. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping). Bid award to various vendors for pipe fillings at an annual cost of $166,184.58. Funding is available from various departmental operating budgets. Emergency Bid Award to Florida Detroit Diesel Allison for the rebuilding of a fire truck engine (vehicle #8834) in the amount of $15,666.27. Funding is available from 501-3311-591-52.52 (Central Garage Fund). Mr. Levinson moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. e REGULAR AGENDA: 9.B. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of a decision of the Historic Preservation Board's action regarding the existing accessory structure located at 610 North Ocean Boulevard (Fontaine Fox House). (Quasi- Judicial Hearing) The applicant has requested that there be a continuance of this item to the Regular City Commission Meeting of November 5, 2002. Mr. Levinson moved to approve the continuance of this item to the Regular City Commission Meeting of November 5, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/DUVALL PLACE: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action regarding approval of a waiver of the sight visibility triangle at the intersection of the driveway and the north/south alley for Duvall Place, located on the west side of S.E. 6th Avenue (northbound Federal Highway), approximately 147 feet south of S.E. 1st Street. (Quasi-Judicial Hearing) Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is -7- 10/01/02 conducted by the City of Delray Beach. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-308 into the record. The subject property is located on the west side of S.E. 6th Avenue (Northbound Federal Highway) approximately 147' south ofS.E. 1st Street (122 S.E. 6th Avenue). Mr. Dorling stated at its meeting of September 11, 2002, SPRAB approved the Class V site plan, landscape plan, elevations for a proposed eight (8) unit four (4) story townhouse/condominium structure. The proposal included three waivers which included a reduction to the sight visibility requirement, perimeter landscape requirement and open space requirement. On September 17, 2002, the City Commission approved a waiver to reduce the required 10% open space requirement to 8.1%. However, at the same meeting the Commission appealed the action by SPRAB approving a reduction in the site visibility triangle. The basis of the appeal related to concerns that the reduction from the required 20' to 3' adjacent to the alley would create a hazardous situation. Jess Sowards, Architect with Robert G. Currie Partnership, Inc., 134 N.E. 1st Avenue, Delray Beach~ presented the Commission with alternatives regarding the reduction to the site visibility requirement. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Mr. Dorling suggested that the best alternative would be to eliminate the alleyway connection (Option B). Mr. Levinson asked if the applicant has a preference. In response, Mr. Sowards recommend closing off the connection to the alleyway and explained that the other benefit would be additional landscaping and a much larger loading for trucks (i.e. Federal Express). Mr. Perlman asked if the Fire Department reviewed this and whether or not they are okay with one exit and one entrance width. In response, Mr. Barcinski stated there was no objection expressed at the DSMG Meeting. -8- Ms. McCarthy moved to approve to deny the site visibility waiver and approve the developer's alternative eliminating the exit into the alley (Option B), seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.C. RECOMMENDATION OF SITE PLAN REVIEW AND APPEARANCE BOARD/PANERA BREAD CAFi~: Consideration of an architectural elevation modification pursuant to Section 4.6.18(B)(13) Land Development Regulations, for thc proposed Panera Bread Caf6 (formerly Red, Hot, and Blue Restaurant) located within Old Harbor Plaza at the northeast comer of Linton Boulevard and South Federal Highway. (Quasi-Judicial Hearing) At this point, the time being 6:55 p.m. Mr. Levinson left the meeting. Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-341 into the record. Mr. Dorling stated the subject development proposal involves a modification to the architectural elevations of the existing 4,186 square foot restaurant located on an out parcel within the Old Harbor Plaza shopping center. The out parcel is located at the southeast comer of South Federal Highway and Banyan Tree Lane (1701 South Federal Highway), which is zoned Planned Commercial (PC). The improvements were installed and the building occupied by Red, Hot, and Blue restaurant until the business vacated the building in early 2002. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) voted 6-0 (Eliopoulos absent) to recommend to the City Commission approval of architectural elevations, based upon positive findings with respect to LDR Section 4.6.18(B)(13), that although the architectural style and color differs from that of the shopping center, the building will be complimentary to the overall shopping center and the surrounding area, subject to the following conditions: That the canopies along the east elevation are replaced with new canopies consistent with those proposed along the balance of the building; and, -9- 10/01/02 That the concrete tile roof is pressure washed in order to restore the roof to its original appearance. Morgan Russell, owner of the property, stated he feels this adds a whole new look to the property and is hopeful it will be a keystone that will allow him to bring the balance of the 45,000 square feet in compliance with this type of design. Chuck R. Longdol, representing Panera Bread Caf6, briefly explained the architectural elevations. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve the recommendation of the Site Plan Review and Appearance Board for the proposed Panera Bread Caf6 (formerly Red, Hot, and Blue Restaurant), subject to the two conditions as set forth on page three in the Planning and Zoning Staff Report, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 44-02 {SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.21(H) and Section 4.3.4(K) "Development Matrix" relating to the open space requirements for properties zoned CF (Community Facilities) located within the West Atlantic Avenue Redevelopment Area. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 44-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION (H), "SPECIAL REGULATIONS", BY ADDING A NEW PARAGRAPH (3) TO PROVIDE FOR A MINIMUM OF 10% NON-VEHICULAR OPEN SPACE FOR CF ZONED PROPERTIES IN THE WEST ATLANTIC AVENUE REDEVELOPMENT AREA; AND BY AMENDING SECTION 4.3.4(K), "DEVELOPMENT MATRIX", TO ADD SETBACK AND OPEN SPACE REQUIREMENTS; PROVIDING A SAVING CLAUSE, A -10- 10/01/02 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-02 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one fi.om the public who wished to address the Commission regarding Ordinance No. 44-02, the public hearing was closed. Prior to the vote, Mr. Perlman stated the CRA Board passed this with the condition that SPRAB retain the ability to require additional landscaping when necessary. Mr. Dorling stated this has been added as part of the amendment and does exist with this. Mr. Perlman moved to adopt Ordinance No. 44-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote. 10.B. ORDINANCE NO. 47-02 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2002-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2002-02 and associated Future Land Use Map (FLUM) amendment, and authorize transmittal to the State Department of Community Affairs. Prior to consideration of passage of this ordinance First Reading/Transmittal Hearing, a public hearing has been scheduled to be held at this time. Amendment 2002-02 includes: The caption of Ordinance No. 47-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-02 is on file in the City Clerk's office.) -11- 10/01/02 · Modification of the definitions' section of the Public Schools Facilities Element, by adding numerous new definitions. · Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. · Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of the automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CBD (Central Business District). · Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the Beach Renourishment Project. · Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use Element, regarding the provision of services to land within the planning area. Privately initiated Future Land Use Map amendment from LD (Low Density Residential, 0-5 du/ac) to CC (Commercial Core) and rezoning from R-l-AA (Single Family Residential) to CBD (Commercial Business District) for a parcel of land located on the north side of S.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. At this point, the time being 7:15 p.m., Mrs. Archer arrived to the meeting and Mr. Levinson returned. Dan Marfino, Principal Planner, stated the City Commission initiated Comprehensive Plan Amendment 2002-02. One privately initiated Future Land Use Map Amendment, the Meridian Parcel, has been added to this amendment. In addition, a City initiated text amendment regarding the disposition of services provided to the Planning Area has also been included. Mr. Marfino stated in total the amendment now consists of six items; five city initiated text amendments and one privately initiated map change. At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing regarding the amendment. After discussion, the Board unanimously (5-0, Krall and Pike absent) to recommend the City Commission approve the amendment on first reading and transmit Comprehensive Plan Amendment 2002-02 to the Florida Department of Community Affairs (DCA). Mr. Marfino stated if the amendment is approved it will be sent to DCA. Upon review and return of comments from the State, an adoption heating is scheduled for the November Planning and Zoning Board Meeting with final adoption at the City Commission Meeting of December 3, 2002. Mr. Marino stated staff recommends transmittal of all listed items. -12- 10/01/02 Ms. McCarthy moved to approve Ordinance No. 47-02 for First Reading/Transmittal Hearing for Comprehensive Plan Amendment 2002-02, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 45-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.3.2 "Prohibited Uses" and Section 4.3.3(DD) to provide for the prohibition of the sale of drug paraphernalia and the operation of drug paraphernalia businesses. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 45-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER FOUR, "ZONING REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.2, "DETERMINING USE," SUBSECTION 4.3.2 (C)(3),"PROHIBITED USES," BY PROHIBITING USES NOT ALLOWED PURSUANT TO FLORIDA STATE STATUTES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION 4.3.3 (DD), "DRUG PARAPHERNALIA", TO PROVIDE FOR THE PROHIBITION OF THE SALE OF DRUG PARAPHERNALIA AND THE OPERATION OF DRUG PARAPHERNALIA BUSINESSES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 45-02, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 45-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -13- 10/01/02 10.D. ORDINANCE NO. 46-02: An ordinance amending Chapter 33, "Police and Fire Departments" Sections 33.20 - 33.67, of the City Code of Ordinances to change the term "Fire Department" to "Fire-Rescue" Department to accurately reflect work performed. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 46-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", BY AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS," SECTIONS 33.20- 33.67 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE-RESCUE DEPARTMENT" IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING TITLE IX, "GENERAL REGULATIONS", BY AMENDING CHAPTER 96, "GENERAL PROVISIONS", SECTIONS 96.01-96.98 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT" IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING CHAPTER 7, "BUILDING REGULATIONS", ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUCTURES", SECTIONS 7.8.6-7.8.8 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT"; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 46-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 46-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. -14- 10/01/02 11.A. Ci~. Manager's response to prior public comments and inquiries. Robert A. Barcinski, Acting City Manager, had no response to prior public comments and inquiries. ll.B. From the Public. ll.B.1. Jim Smith, 1225 South Ocean Boulevard~ Delray Beach~ stated he and Jane King are present this evening to give the Commission their official "Walk A Child to School Day" T-shirt for Banyan Creek Elementary School. Included in the package is a school assignment for each Commissioner and a copy of the breakfast program which will begin at 8:00 a.m. immediately following the walk. Mr. Smith stated the walk will begin at 6:45 a.m. Mr. Smith stated the Police Department is well represented and thanked Officer Jeff Messer and Officer Jim Finley for their help. ll.B.2. Deborah Benneth 137 Seabreeze Avenue~ Delray Beach, asked for the Commission to support her proposal for an intermediate charter school in Delray. Mrs. Bennett stated this would be a military type of school for discipline with hands on learning. Mrs. Bennett stated the proposed name for the charter school will be Military Academy for Excellence. ll.B.3. Robert Finkel~ 317 Coral Trace Court, Delray Beach, asked the Commission if they support the safety of children and commented that he does not understand why the new high school is being placed at the most dangerous intersection. Mr. Finkel commented about an accident that occurred approximately two days ago two blocks west of Congress Avenue on Atlantic Avenue and it took his wife 57 minutes to cross Congress Avenue. Mr. Finkel stated he feels this is not only endangering the children but is also endangering the senior citizens in the area. As a result of the proposed move, Mr. Finkel asked what effect this will have on taxes and commented that there has to be a reason why the taxes are so high. Mr. Finkel stated he feels it is a conflict of interest to have the same law firm that the School Board has and would like an outside organization to check on it. ll.B.4. Alice Finst~ 707 Place Tavanh Delray Beach~ and representing the Board of Directors of the Homeowners' League of Chatelaine, expressed concern over the school buses that are cutting through their neighborhood to avoid the construction on Lake Ida Road. Speaking as a private citizen, Mrs. Finst stated she has been attending the Barwick RFP meetings and expressed a few concerns over the RFP. Mrs. Finst stated one concern is the fact that these properties have one car garages and she feels this is inappropriate for this property. Mrs. Finst continued to state she has also been attending the Parks and Infill Housing Meetings where they are trying to locate land North and South of Atlantic Avenue for parks and infill housing. Mrs. Finst commented that the infill housing lots that have been rejected are 40, 45, and 50 foot frontage and yet in the Barwick RFP there are 40, 45, and 50 foot frontages. Mrs. Finst asked if this is not allowed in the downtown area, why this is being considered west of town. -15- 10/01/02 Mrs. Finst expressed concern over the pruning of some trees in the 500 block of North Swinton Avenue. Mrs. Finst stated that someone pruned vertically up through the center of the trees so that there are now half trees. She feels this is not appropriate pruning and urged staff to look into this. Lastly, Mrs. Finst commented about the Portable on Demand Storage (PODS) containers and stated these are being used for big storage areas and are being placed in the front yards of many residential properties around town. Mrs. Finst stated these PODS look like something one would see in a commercial area and urged staff to look into this. ll.B.5. Mary Lou Ciambriello, 721 Lindell Boulevard, Delray Beach, thanked Commissioner Levinson for being so helpful with thc situation on Lindell Boulevard. Mrs. Ciambricllo stated she obtained 36 more signatures on the ongoing petition for the Commission to do something regarding the speeding on Lindcll Boulevard. In addition, Mrs. Ciambriello stated she has a letter from the Police Department recommending that there be traffic calming on Lindell Boulevard. Secondly, Mrs. Ciambriello stated in the front of Lindell coming from Dixie Highway, there is a sign that limits the traveling to three tons per truck. Mrs. Ciambriello stated the City of Boca Raton has been using Lindell Boulevard as a shortcut and commented that the trucks weigh nearly 30,000 lbs. Mrs. Ciambriello urged the Commission to write a letter to the City of Boca Raton and contact the Palm Beach County School Board regarding the school buses from Boca Raton Academy School that are traveling via Lindell Boulevard in excess of the speed limit. 11.B.6. James Scott McOwen, 302 N.W. 18th Street, Delray Beach~ addressed the issue of school community relations, rewards and punishment. ll.B.7. Candy Killian, 642 Riviera Drive, Boynton Beach, read into the record two paragraphs of a letter written by a City staff member to a private citizen. With regard to these two paragraphs, Mrs. Killian questioned the statement "moving the school to the Tate site will create the opportunity for the high school students to come home". Ms. Killian stated she feels the issue of bringing the Delray Beach students home is a matter of changing the boundaries not changing the location of the school. At this point, the time being 7:45 p.m., the Commission moved to Item 9.D. 9.D. REQUEST FOR IN-LIEU PARKING SPACESNILLAGE WALK: Consider a request by Village Walk for the purchase of three (3) in-lieu parking spaces in the amount of $36,000.00. Vill,at~e Walk, a proposed ten (10) unitsttownhome development,th is located on the east side ofN.E. 4 Avenue, 153 feet south ofN.E. 1 Street (65 N.E. 4 Avenue). Paul Dorling, Director of Planning and Zoning, stated Village Walk is a proposed ten (10) unit town home development to be located on the east side of N.E. 4th Avenue, 153' south ofN.E. 1st Street (65 N.E. 4th Avenue). Mr. Dorling stated pursuant to LDR Section 4.4.13(G)(1)(e) the development -16- 10/01/02 requires the provision of twenty-three (23) on site parking spaces. The proposed site plan provides twenty (20) on site parking spaces. The applicant is requesting the purchase of three (3) in-lieu parking spaces at a cost of $12,000 each, totaling $36,000. The development provides all parking within two-car garages for each unit. The shortage will be for the associated guest spaces. The proposed site is across the street from the Railroad Lot. Since the lot has a capacity of 177 parking spaces with both 2 and 8 hour parking zones, it can accommodate the parking needs of guests to the development. At its meeting of September 24, 2002, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Mr. Levinson moved to approve the request for Village Walk for the purchase of three (3) in-lieu parking spaces in the amount of $36,000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.E. NEW ATLANTIC HIGH SCHOOL/STUDENT CAPACITY: Consider approval of 2,500 student stations for Atlantic High School allowing the establishment of new career academics and additional capacity for Delay Beach students. Lula Butler, Director of Community Improvement, stated at a recent Palm Beach County School Board Meeting, there was a discussion regarding the capacity for the new Atlantic High School and the appropriateness of a 2,000 student station school versus 2,500. The Palm Beach County School Board staff has indicated its support of the 2,500 seat capacity based on projected demographics for the school. The additional capacity would also allow the establishment of three new career academies. At its meeting of September 23, 2002, the Education Board discussed the issue regarding capacity at the new high school and unanimously recommends that the City Commission support the school with 2,500 student stations. In addition, the Education Board embraced the "school within a school" concept. Ms. Butler stated staff requests the Commission to forward a statement to the Palm Beach County School Board that the City of Delray Beach supports the 2,500 student stations for Atlantic High School which will in turn allow the career academies to provide extra capacity for Delray Beach students and a statement supporting the "school within a school" concept. Brief discussion by the Commission followed. Mr. Levinson stated he is appalled over a comment expressed by someone that the City should not approve and not encourage the career academies because it will bring down the FCAT scores. Mr. Levinson stated the purpose of the career academies is to provide educational opportunities to those kids who in many cases do not continue on with a college education. The education these students receive from the career academies makes them marketable to work in -17- the community. Mr. Levinson supports the 2,500 student stations and the inclusion of the three career academies which provide terrific opportunities in education for students who choose not to go on to college. Mr. Levinson urged the Commission to support this and lobby with the School Board. Furthermore, Mr. Levinson stated one of the reasons the career academies are so important is because South Tech is being acquired and its programs are going to be split into two; one, it will go to the community college for certain pieces and two, career academies are being created to take the other piece which will be spread over four high schools. Mr. Perlman expressed opposition to a letter written by Representative Andrews referencing that "the Florida Legislature was so concerned about the safety of students after the Columbine shootings, that they mandated that all high schools being designed after July 1, 2003 must have a total population of no more than 900 students." Mr. Perlman stated the Florida Legislature never funded it and commented that Mr. Andrews also stated "that the International Baccalaureate Program will be moved." Mr. Perlman concurs with comments expressed by Commissioner Levinson and stated he supports the request. Mrs. Archer inquired about the "school within a school" concept and asked if this means there will be a second school or extra building. In response, Ms. Butler stated this would enable them to increase the capacity and build the academic buildings. Therefore, Ms. Butler stated one building would be used and the career academy would operate out of one building as opposed to students having to change classes. Ms. McCarthy moved to approve to forward a statement to the Palm Beach County School Board that the City supports the 2,500 student stations and the establishment of a career academy, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.F. CONTRACT AWARD TO CHAZ EQUIPMENT~ INC.: Consider approval of a contract award to Chaz Equipment, Inc. for Sanitary Sewer Manhole Interior Rehabilitation at an estimated annual cost of $50,000.00. Funding is available from 442-5178-536-61.84 (Manhole Rehabilitation). At this point, Mr. Levinson left the dais. Dick Hasko, Director of Environmental Services, stated there were seven respondents; three of the respondents did not meet the minimum qualifications for experience with the specified product and two of the respondents proposed an alternative method of rehab. Therefore, Mr. Hasko stated this left two qualified contractors for the bid award and staff recommends Chaz Equipment as the low bidder. Mr. Perlman moved to approve the contract award to Chaz Equipment, Inc., for sanitary sewer manhole interior rehabilitation, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. -18- 10/01/02 9.G. BID AWARD/VARIOUS VENDORS: Consider approval of Bid//2002-29 to various vendors for the purchase of automotive parts at an annual cost of $60,000.00. Funding is available from various departmental operating budgets. Robert A. Barcinski, Acting City Manager, stated this is a bid award that is done approximately every three years for automotive parts with funding coming from various departmental operating budgets. Mr. Barcinski stated staff recommends ten vendors based primarily on low bid. Ms. McCarthy asked if there was some confusion from NAPA and commented that it seems unusual that they would have offered product prices for things that were not of equal part so often. Mr. Barcinski stated that NAPA was not offering parts at equal quality or did not meet the factory specifications on Police vehicles. Mr. Perlman moved to approve the bid award for automotive parts to various vendors, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.H. GRANT REQUEST/ATLANTIC GROVE REDEVELOPMENT PROJECT: Consider a request for waiver of building permit fees in the amount of $150,000.00 from the Delray Community Development Corporation (CDC) and thc Center for Technology, Enterprise and Development, Inc. (TED Center) regarding the Atlantic Grove Redevelopment Project. Lula Butler, Director of Community Improvement, stated this item is a request from non-profit partners associated with the Atlantic Grove Partnership for a $150,000.00 contribution to assist them in meeting their 50% equity investment as part of the part of their investment in the project. Ms. Butler stated she received a telephone call today from the County staff and noted that the County Commission did approve their $600,000 grant and states that the City is going to be a participating as part of this equity investment and does not tie the City to a grant dollar amount. Ms. Butler stated because this is associated with non-profit organizations, an agreement needs to be negotiated and that it be satisfactory to both the City Attorney and the Commission. In addition, Ms. Butler stated she needs more time to consult further with the County and work on the agreement. Ms. Butler asked the Commission to consider allowing staff to bring this item back next week as a special agenda item. Mayor Schmidt stated his understanding is that there has been no dollar amount set on the City's participation and does not necessary have to be cash but can be in-kind as well as the waiver of building permit fees. Mayor Schmidt stated he concurs with Ms. Butler's recommendation to postpone consideration of this until next week so that she has an opportunity to get with the County, the City Attorney, and the non-profit organizations. Mr. Perlman asked if this will impact the closing. In response, Ms. Butler stated it is her understanding is that the City would not be coming up with cash dollars this evening. Ms. Butler continued to state Ms. Jenkins has found a way to do a bridge loan to the non-profits -19- 10/01/02 that would allow them to do their closing. Anita Jenkins, Director of the Local Initiatives Support Corporation (LISC) stated they are prepared to make some adjustments if necessary. Ms. Jenkins stated they have to close on Tuesday and the loan is being made with the understanding that there will be other funds at some point to pay them back. Ms. Jenkins stated she understands the concerns the Commission has about the request. Ms. Jenkins stated the form that the Community Improvement staff is recommending is the waiver of building permit fees. Ms. Jenkins stated if building permits are paid would there be a reimbursement to the construction fund. Ms. Butler stated they have not paid any building permit fees at this time. Ms. Butler explained that building permit fees are due at the time that the permit application is picked up. Ms. Jenkins stated they are trying to redo loan documents and stated they have contract with the CRA. Ms. Jenkins stated the contract and the letter of credit will expire, etc. therefore they will work with staff to get a contract in place in an effort to move things along as quickly as possible. Mayor Schmidt stated he supports staff's recommendation and in discussing this with staff over the past couple of days, he has more questions. For example, depending on what the Commission will do, it is not only going to benefit the non-profit but will also benefit the for- profit partner. Ms. Jenkins stated because of the way the equity investment in the project has been allocated, and the way the responsibility has been allocated the responsibility for the loans etc., as well as a commitment from Commissioner Greene for gas tax money up to a certain amount to cover certain items, they are able to accurately identity the contribution of for-profits as well as the non-profits. With regard to the concern that the not for-profits were not bringing an equal amount of money or being responsible for debt, Ms. Jenkins stated that this is a 50/50 partnership. Ms. Jenkins stated she can reassure the Commission that if a fee waiver is granted it would be credited and allocated to the benefit of the non-profits. Mr. Perlman asked if the Commission does grant the waiver of building permit fees, what is the legality for giving this kind of concession when it was not part of the original mix on the RFP. The City Attorney stated this was a CRA RFP and there can be some difference in loan terms. However, the City Attorney stated she would be more concerned with the request asking to waiver building permit fees and supports the City Manager's recommendation. Mr. Perlman asked how did this get to where it is now at such a late time with closing a week away. In response, Ms. Butler stated part of the reason is because they made a business decision to proceed with the closing on the land acquisition without the Section 108 Loan. Ms. Butler stated this has been an extensive review process and ultimately HUD has indicated that the project does not meet the low to moderate income level benefit because the City does not have 51% of the residential units meeting to low to moderate benefit. Furthermore, Ms. Butler stated the Section 108 dollars were being used to acquire the entire parcel which created a conflict and the partnership was faced with deadlines under their contract with the -20- 10/01/02 At this point, Mr. Levinson returned to the dais. Further discussion continued between the Commission, staff and Ms. Jenkins. Mayor Schmidt expressed concern over the $150,000 cash shortage. Mayor Schmidt stated it is his understanding that Ms. Jenkins is prepared to make the loan if the Commission forgives $150,000 worth of fees. Mayor Schmidt continued to state that this would be $150,000 cash that they do not have to put into the project and would repay the loan. Mayor Schmidt stated his other concern is a contradiction of what staff represented to the Commission from the for-profit partner versus Ms. Jenkins interpretation of the agreement about who gets credit if the Commission were to forgive fees or choose to do something else. After lengthy discussion, it was the consensus of the Commission to hold a Special Meeting on Monday, October 7, 2002, at 8:00 a.m. to further discuss this item and concerns expressed by the Commission. At this point, the time being 8:30 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 42-02: An ordinance amending Chapter 2, "Administrative Provisions", Article 2.4 "General Provisions" Section 2.4.3(K)(2) "Plan Check Fees", and Section 2.4.3(K)(3) "Permit Fees", of the Land Development Regulations to provide for an increase. If passed, a public heating will be scheduled for October 15, 2002. The caption of Ordinance No. 42-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K)(2) "PLAN CHECK FEES"; AND SECTION 2.4.3(K)(3) "PERMIT FEES", OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this amendment is to LDR Section 2.4.3(K)(2) and (3) which outline the current fee schedules for building plan check and permit tasks. The current fee schedule was adopted more than 10 years ago and no increase in fees have occurred since that time. The Community Improvement Department determined that an across-the-board 5% increase in fees was justified. -21- 10/01/02 At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing regarding this item and after discussing the amendment, the Board voted 5-0 (Mark Krall and Joseph Pike absent) to recommend approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M)(5). Mr. Perlman moved to approve Ordinance No. 42-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 51-02: An ordinance modifying the Special Activities District (SAD) ordinance and Silver Terrace Redevelopment Plan to allow Single Family detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision fronting on Dixie Highway (except comer lots) to take access from Dixie Highway. If passed, a public heating will be scheduled for October 15, 2002. The caption of Ordinance No. 51-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-96 WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING DISTRICT FOR CERTAIN LAND LOCATED IN THE SILVER TERRACE SUBDIVISION, BY AMENDING SECTION 3, PARAGRAPH 5 TO ALLOW SINGLE FAMILY DETACHED DWELLINGS ON LOTS LYING WITHIN BLOCKS 2 AND 3 OF THE SILVER TERRACE SUBDIVISION WHICH ONLY FRONT ON DIXIE HIGHWAY (EXCEPT CORNER LOTS) TO TAKE ACCESS FROM DIXIE HIGHWAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 51-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated an application has submitted from the property owner of Lot 4, Block 2, Silver Terrace Subdivision to modify the SAD (Special Activities District). The property is located on the east side of Dixie Highway, between Central Avenue and Collins Avenue within the residential area of the SAD. The lot is only accessible from Dixie Highway. However, the SAD ordinance and Silver Terrace Redevelopment Plan currently prohibit residential development from having driveway connections to Dixie Highway. In order to utilize the property for single family purposes, the applicant is requesting an amendment to the SAD ordinance to allow Lot 4, Block 2, to be accessed from Dixie Highway. Staff is recommending that this change also apply to the two properties immediately to the south of the subject property (Lots 2-3, Block 2) as well as Lots 2- 4, Block 3. -22- 10/01/02 At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing in conjunction with the requests. After reviewing the staff report, the Board voted 5-0 (Krall and Pike absent) to recommend that the requests be approved, based upon positive findings with respect to the Goals, Objectives and Policies of the Comprehensive Plan, consistency with the Silver Terrace Redevelopment Plan, and LDR Section 2.4.5(D)(5) (Rezoning Findings). Ms. McCarthy asked what kind of orientation is done on a fifty foot lot so that people pull straight in and back out straight as well. In response, Mr. Doding stated staff has required the applicant of Lot 4 to provide a turn around area. Mrs. Archer commented that if the lot is developed individually and there are several cars in the driveway she feels people will still be backing out onto Dixie Highway. Mr. Dorling stated if there are a significant number of cars you may have that condition. Mrs. Archer commented if the Commission were to approve this, then they would not be in a position to prevent people from backing out. Mr. Dorling stated if there is individual ownership (as is the case) those lots have no access if they cannot come off Dixie Highway. The applicant came forward and stated he has already closed on the land and is stretched for time. Mr. Perlman moved to approve Ordinance No. 51-02 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - No; Mr. Levinson - Yes. Said motion passed with a 4 to 1 vote. At this point, Ms. McCarthy left the dais. 12.C. ORDINANCE NO. 52-02: An ordinance rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) for a parcel of land located on the north side of S.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. If passed, a public hearing will be scheduled for October 15, 2002. The caption of Ordinance No. 52-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF SE 4TH STREET, APPROXIMATELY 127 FEET EAST OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; -23- 10/01/02 PROVDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 52-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the property consists of the west 16 feet of Lot 28, Block 120 of the Town of Delray subdivision and contains 0.025 acres. The applicant proposes to incorporate the western 16 feet of the subject property into the previously approved mixed use development known as the Meridian located along the east side of S.E. 6th Avenue (northbound Federal Highway), between S.E. 3rd and 4th Streets, for parking and landscape areas. This rezoning is being processed concurrently with a Future land Use Map amendment from LD (Low Density Residential 0-5 units per acre) to CC (Commercial Core), which is part of the City's Comprehensive Plan Amendment 2002-02. At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (Krall and Pike absent) to recommend that the request be approved based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan, subject to the condition that a variance application is submitted and granted for the reduction of the rear yard setback and replacement of parking elsewhere on the property. Mr. Peflman moved to approve Ordinance No. 52-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, Ms. McCarthy returned to the dais. 12.D. ORDINANCE NO. 49-02: An ordinance rezoning from County AR (Agricultural Residential) in part, CG (General Commercial) in part, and RTU (Residential Transitional Urban) to City PRD (Planned Residential Development) in part and PC (Planned Commercial) in part for eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. If passed, a public hearing will be scheduled for October 15, 2002. The caption of Ordinance No. 49-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED COUNTY AR (AGRICULTURAL RESIDENTIAL), GC (GENERAL COMMERCIAL) AND -24- 10/01/02 RTU (RESIDENTIAL TRANSITIONAL URBAN) DISTRICTS TO PRD (PLANNED RESIDENTIAL) AND PC (PLANNED COMMERCIAL) DISTRICTS; SAID LAND BEING 11 PARCELS LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-02 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated at its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first reading the voluntary annexation of the subject property. At its meeting of August 6, 2002, the City Commission approved the second and final reading of the voluntary annexation of the subject parcels. The proposal before the Commission is to apply City zoning of PC (Planned Commercial) to 6.63 acres of the subject area, with the remaining 47.87 acres receiving City zoning of PRD (Planned Residential Development). The proposed zone districts are consistent with the Future Land Use Map designations as proposed by the Comprehensive Plan Amendment 02-01. At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a public heating. After reviewing the staff report and discussion, the Board voted 5 to 0 (Krall and Pike absent), to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Mr. Perlman moved to approve Ordinance No. 49-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 50-02: An ordinance rezoning from County PUD (Planned Unit Development) to City PRD (Planned Residential Development) for a 34.6 acre parcel, the Winterplace Subdivision (now known as the Colony at Delray Beach), located at the southeast comer of Military Trail and the L-30 Canal. If passed, a public hearing will be scheduled for October 15, 2002. The City Manager presented Ordinance No. 50-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND -25- 10/01/02 PRESENTLY ZONED COUNTY PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID LAND BEING A 34.6 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF THE L-30 CANAL AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject property is the plat of Winterplace. The site, now known as The Colony at Delray Beach, contains 151 zero lot line detached single family homes situated on 34.6 acres of land. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 to the Department of Community Affairs for review, and approved a voluntary annexation on first reading of the Winterplace Subdivision pursuant to a water service agreement dated March 8, 2000. At its meeting of August 3, 2002, the City Commission approved the voluntary annexation of the subdivision on second and final reading. As a result of this annexation, the subdivision maintained its existing County Zoning and Future Land Use Map Designations until such time that Comprehensive Plan Amendment 2002-1 is adopted, which is anticipated for October 15, 2002. At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a public heating. After reviewing the staff report and discussion, the Board voted 5 to 0 (Krall and Pike absent) to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Mrs. Archer moved to approve Ordinance No. 50-02 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. Ci.ty Manager. Robert A. Barcinski, Acting City Manager, had no comments or inquiries on non- agenda items. -26- 10/01/02 13.B. CiW. Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City, Commission. Commissioner Archer Mrs. Archer apologized for being late this evening and explained this was unexpected. Secondly, Mrs. Archer stated with regard to comments expressed by Mr. Finkel about the accident which occurred on Atlantic Avenue, she clarified that this accident did not occur anywhere near Congress Avenue but instead occurred at the intersection of Barwick Road and West Atlantic Avenue in front of Carver Middle School and involved a fatality. Mrs. Archer stated she concurs with comments expressed by Mrs. Finst regarding tree pruning. She stated by pruning a tree like the example Mrs. Finst mentioned can cause severe damage and weaken trees. Mrs. Archer encouraged any citizen who witnesses something like this happening to get the name of whoever is doing the pruning and report it to the City because it has to be caught in progress in order to be able to do anything. Mrs. Archer thanked Commissioner Levinson for sharing Mr. Amos' stay with the entire City. 13.C.2. Commissioner Perlman In addition to the American Planning Association Award referenced by Mr. Dorling earlier in the meeting, Mr. Perlman stated the City also won an Award of Excellence from the Florida Planning and Zoning Association. Mr. Perlman inquired about the status of the Sober House community. In response, Mrs. Archer stated the Drug Task Force has met with the representatives from the sober houses and they are having a meeting amongst themselves in an attempt to organize. They have contacted a national organization and they are trying to set up a Chapter within the City. Mrs. Archer stated if and when they do, the Drug Task Force will have another meeting to follow up on this. Hopefully, Mrs. Archer stated they will go into a mode where there will be self regulation brought through the drug treatment centers, the half-way houses, and the sober houses so that there would be a network of recommendations that could be made in an effort to try and eliminate those that are non-conforming. Mr. Perlman stated some of the Commissioners had the opportunity to meet with school principals last week. Mr. Perlman thanked the Chamber of Commerce which put together its annual "Get Together with the Principals" and commented it was great to see so many of the principals that have been here a long time talk about how privileged they feel to be in Delray Beach. Mr. Perlman commented that he is particularly impressed with Mrs. Byme from Plumosa -27- 10/01/02 Elementary School who is stepping into the shoes of former Principal Eula Mason-Berry and Mrs. Crilley from Orchard View Elementary School who came with a good reputation from Addison Mizner and is thrilled to be in Delray. Mr. Perlman stated he read in the Parade Magazine that Detective John Young of the Delray Beach Police Department was a finalist for a National Award. Mr. Perlman suggested that the City formally recognize Detective Young. Mr. Peflman thanked Commissioner Levinson for bringing Famous Amos to town. Mr. Perlman stated he had the opportunity to go to the Village Academy with Famous Amos this morning and he enthralled the children and the staff. In addition, Mr. Perlman commented that Famous Amos also gave a presentation to City staff and some members of the public and noted it was sensational. Mr. Perlman stated Famous Amos commented that the races are working well together and he was particularly impressed with the educational facilities in Delray Beach. Mr. Perlman stated that Famous Amos inspired the children to read and mentioned he would be back to Delray during the month of February. With regard to planning, Mr. Perlman stated there was a group of business owners and City officials who came here from Daytona Beach. Mr. Perlman stated these officials came to Delray Beach because Delray has the statewide reputation for smart growth and being a leader in redevelopment. Mr. Perlman stated these officials were most impressed with Delray and they like the scale of development. 13.C.3. Mayor Schmidt Mayor Schmidt stated he received a letter from Laurence Stolow whose car broke down on August 2, 2002, at Military Trail between Atlantic Avenue and Linton Boulevard and was assisted by a number of Delray Beach Police Officers. Two of the officers' names are Officer Drummond and Officer Witter. The other officers' names are unknown. Mr. Stolow referred to the Delray Beach Police officers' as being both diligent and courteous and he feels they should be commended for their actions. 13.C.4. Commissioner McCarthy Ms. McCarthy thanked Commissioner Levinson for expanding Mr. Amos' stay and for sharing it with the entire City. Secondly, Ms. McCarthy asking the City Attorney about a moratorium on the number of sober houses within residential communities and whether or not this would put the City in another risky area. Ms. McCarthy commended the citizens for taking the time to note if there is any unusual activity going on throughout the City (i.e. comments expressed by Alice Finst regarding the tree pruning). Ms. McCarthy stated she feels this makes a difference that people care enough to report these things to the Commission. -28- 10/01/02 13.C.5. Commissioner Levinson With regard to the tree issue, Mr. Levinson stated Sandy Jamison called him approximately one month ago about a battle he was having with FPL. Mr. Levinson stated that apparently there are cities that have ordinances that require certain specifications for utility companies when they are trimming trees. Mr. Levinson stated he is constantly distressed when he sees new homes going in and people who put trees underneath the power lines. Mr. Levinson suggested that a better job be done with regard to the plan review for landscaping as to not create these situations that could lead to potential problems. Mr. Levinson suggested that staff both communicate and see if an ordinance can be drafted to deal with the FPL issue. In addition, Mr. Levinson suggested that staff go back and review the landscape plans that are being submitted where trees are being put directly on the right-of-way. Secondly, Mr. Levinson thanked the City staff on their efforts with Famous Amos today. Mr. Amos commented that everything was well organized and Mr. Levinson noted that he would be writing staff appropriately. Mr. Levinson stated that often people do not understand why recognition from the American Planning Association (APA) and the Florida Redevelopment Association (FRA) are good. He stated that awards such as these help bring grants to the community. Mr. Levinson stated he is thrilled that the City is receiving this recognition because it is great advocacy documents and pieces for the City to be able to leverage into grants. Mr. Levinson stated he was pleased with the filming of the movie. Mr. Levinson continued to state he received four or five phone calls and/or emails from those who felt that an eight day road detour was a significant inconvenience. Contrary to those four or five calls and emails, Mr. Levinson stated he had approximately 50 people come to him excited about what was going on and the fact that they felt a part of the movie. Mr. Levinson commented that several businesses throughout the community shared in that benefit. Mr. Levinson continued to state he is excited that the film crew was so pleased with their experience here because he feels those are the kind of things that do generate economic impact. Mr. Levinson stated the merchants did well, the Police Department did a terrific job of being accommodating, and overall he feels it was a great experience for the community. There being no further business, Mayor Schmidt declared the meeting adjourned at 9:15 p.m. City Clerk -29- 10/01/02 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 October 1, 2002, 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 to the Minutes as set forth above. -30- 10/01/02 OCTOBER 7~ 2002 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 8:00 a.m., Monday, October 7, 2002. Roll call showed: Present - Commissioner Patricia Archer (arrived 8:10 a.m.) Commissioner Jon Levmson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. GRANT REQUEST/ATLANTIC GROVE REDEVELOPMENT PROJECT: Consider a request for waiver of building permit fees in the amount of $150,000.00 from the Delray Community Development Corporation (CDC) and the Center for Technology, Enterprise and Development, Inc. (TED Center) regarding the Atlantic Grove Redevelopment Project. Lula Butler, Community Improvement Director addressed some of the questions Commission had at the October 1, 2002 Regular meeting. The legality of waiving building permit fees; the City Attorney continues to have concerns with setting a precedent of granting this request. Clarification of the conditions under which the County granted $600,000 to the nonprofit partners; a letter was received from the County Housing and Community Development Director stating that they waive the 50% match requirement dollars and their agreement did not provide any dollar amount that the City had to contribute. The partnership agreement between the "for profit" and "nonprofit" partners; Susan Ruby, City Attorney advised Commission she had reviewed the partnership agreement and the definition of cash contribution was either cash or property and it's an interpretation that waiver of expenses would be shared equality by the "for profits" and "nonprofits"; however, after conversation with the "for profit" partners they voluntarily would consider any contribution made by the City as being solely for the credit of the nonprofit partners, again this is an interpretation. Mr. Perlman moved to approve staff's recommended Option Number 3, of $50,000 however, with the exception that to the extent possible make the contribution $75,000 dependant upon staff's review of the TEA 21 dollars and the shifting of the NW funds. Repayment should be shared equality by both "nonprofits" to the amount contributed ($25,000 or $37,500 each) either in the form of cash or tangible assets in support of the Southwest Neighborhood Plan seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Commissioner McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Prior to the motion there was discussion regarding the creation of area jobs due to this project and the profits made from this project by the "nonprofits" going back into projects within Delray Beach. Mayor Schmidt declared the Special Meeting adjourned at 9:10 a.m. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on October 7, 2002, 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 amendments, additions or deletions to the Minutes as set forth above. 9. OCTOBER 8, 2002 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the First Floor Conference Room at City Hall at 6:00 P.M., Tuesday, October 8, 2002. Roll call showed: Present Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following item: PROPOSAL FOR SETTLEMENT/MARTIN PROPERTY: Consider acceptance of proposal for settlement of eminent domain lawsuit regarding Lot 8, Breezy Ridge, Martin Property. Staff recommends acceptance. Susan Ruby, City Attorney informed the Commission that the Martin Property was the last lot to be purchased in the Breezy Ridge Community. A letter of proposal has been received appointing Norman S. Frank as Personal Representative of the Estate of Shirley Maye Martin, deceased. Mr. Levinson moved to approve the proposal for settlement in the amount of $156,000.00 for acquisition of Lot 8, Breezy Ridge, for the Estate of Shirley Maye Martin, seconded by Mr. Perlman. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Commissioner McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt declared the Special Meeting adjourned at 6:03 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting. city Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on October 8, 2002, 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 amendments, additions or deletions to the Minutes as set forth above. -2- WHEREAS, the City of Delray Beach, an Ail-America City, would like to honor Eula Mason-Berry for her ten (10) exemplary years as Principal at Pldmosa Elementary School; and WHEREAS, she was proven to be an educator with extensive, broad based administrative and teaching experience; and WHEREAS, her dynamic, results-oriented style provided her with the ability to manage change and positively impact the overall effectiveness of both teachers, and administrative staff; and WHEREAS, the future of America in the next 'century depends on principals such as her to educate our future citizens of Delray Beach; and WHEREAS, the dtizens, parents, teachers, and students will deeply miss Eula Mason-Berry as Principal at Plumosa Elementary School. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the dtizens of Delray Beach, do hereby extend our heartfelt thanks and appreciation to EULA MASON-BERRY for her exemplary service as Prindpal of Plumosa Elementary School and acknowledge the significant contributions she has made to the Delray Beach community. Her hard work and leadership shaped exceptional positive relations between students, parents, teachers, and staff, in addition to managing a diverse student population, while team building and training staff. 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 15~' day of October, 200Z DAVID W. SCHMIDT MAYOR WHEREAS, S.D. Spady Elementary School earned a superior performance rating on the Florida Comprehensive Assessment Test (FCAT) by earning an A for the second consecutive year; and WHEREAS, the Montessori Magnet Program stresses active learning, cooperation, inner-motivation and self-disdpline by encouraging its students to excel in all areas; and WHEREAS, the future of America in the next century depends on the students who are being educated today to become our new leaders; and WHEREAS, our Country in the next century is dependent upon the principals', teachers' and parents' of today and their mutual interest in educating our future dtizens and leaders; and WHEREAS, as Americans we must take up the challenge to provide strong and effective schooling for all our children as a springboard to a better tomorrow. NOW, THEREFORE, I, DAVID 117. SCI-IMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Dekay Beach, do hereby extend our appreciation to S.D. SPADY ELEMENTARY SCHOOL for the hard work of their students who demonstrated their ability to read, write and compute with an outstanding performance on the FACT, which is also attributed to the dedication of the S.D. Spady Community, inducling the Prindpal, staff, parents, and business partners. 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 15~ day of October, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, Morikami Park Elementary School earned a superior performance rating on the Florida Comprehensive Assessment Test (FCAT) by improving its score from a B to an A for year 2002; and WHE~, the International Baccalaureate Magnet Program stresses critical thinking skills, cooperation, inner-motivation, and self-discipline by encouraging its students to excel in all areas; and WHEREAS, the future of America in the next century depends on the students who are being educated today to become our new leaders; and WHEREAS, our Country in the next century is dependent upon the prindpals, teachers, and parents of today and their mutual interest in educating our future dtizens and leaders; and WHEREAS, as Americans we must take up the challenge to provide strong and effective schooling for all our children as a springboard to a better tomorrow. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby extend our appreciation to MORIKAMI PARK ELEMENTARY SCHOOL for the hard work of their students who demonstrated their ability to read, write, and compute with an outstanding performance on the FCAT, which is also attributed to the dedication of the Morikami Community, including the Prindpal, staff, parents, and business partners. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Offidal Seal of the City of Delray Beach, Florida, to be affixed this 152 day of October, 2002. DAVID W. SCHMIDT MAYOR WHER.F, AS, Epilepsy, also lmown as Se~e Disorder, has afflicted rr~nkind smd been recoL~zed since the earliest medical writings; smd WHERF..A$, as long ago as 400 B.C., Hippocrates, the Father of Medxda'.e, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sac~ed or that it was a curse fi'om the gods that people afflicted with this disorder hdd propheuc powers. Hippocrates believed that Epilepsy was a bt, aha disoMe~, and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging sm excessive amount of dectrical impulses; and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at bix-th, brain tumor, infection smd brain hemo~hage; but in sixty percent of the cases, the cause is unknown and epilepsy can affect anyone, at any age smd at any time; smd g~'IEREAS, more thsm two million Americans are afflicted w~th some type of Epilepsy and of th. ts number, 150,000 are Florida residents; smd WHEREAS, with the administration of smuconvulssmt drags, two-thirds of those afflicted with Epilepsy are drug controlled; smd WHE~, lack of education about this disorder has contributed to age old myths, superstitions smd prejuchces; and the sugma associated w~th this disorder is sometimes worse than the &sorder itself; and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job perform*rice, productivity, safety, cooperation and attendance; but studies carried out in the United States over the past thirty years have indicated that of all disabflittes, Epilepsy poses the greatest hamer to employment with m~employment rates estirrmted to fall between twenty smd twenty-five percent; smd WHEREdkS, Epilepsy should not be a b'a~ier to success, but in addition to the normal require~nents for success, a person who has Epilepsy needs a supportive environment smd employers who are willing to give them sm opportunity to become productive dtizens. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Comtmasion do hereby proclaim November, 2002, as NATIONAL EPILEPSY AWARENESS MONTH in the City of .Deleay Be~clg Florida, smd urge all of its dtizens to become aware of this disorder smd encourage those afflicted to take their rightful place in sodety smd become productive otizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Officml Seal of the City of Ddray Beach, Florida, to be affixed this 15~' day of October, 2002. DAVID W. SCHMIDT MAYOR COMMITTEE FOR EPILEPSY AWARENESS 6670 ROYAL PALM BLVD BLDG. K APT. 302 MARGATE, FLORIDA 33063-2189 .Jerry Pizza, Chairman (954) 984-8319 Bill Naulty, Secretary (561) 798-2798 October, 2002 The month of November is '~XTATIONAL EPILEPSY AWARENESS MONTH". The Committee for Epilepsy Awareness would greatly appreciate your assistance in helping bring about an awareness of this disorder. Due to lack of correct information and an abundance of misinformation, people afflicted with Epilepsy have been discriminated against in all walks of life. It is our goal to remove the ancient myths, superstitions and prejudices associated with this disorder and educate people as to what Epilepsy is and what Epilepsy is not. Enclosed, please find a copy of our resolution. If your municipality participates in our awareness campaign, please send a copy of the resolution or proclamation to: Jerry Pizza - Chairman Committee for Epilepsy Awareness 6670 Royal Palm Blvd. Bldg. K. Apt. 302 Margate, Florida 33063-2189 Thank you in advance for your interest in and concern for people afflicted with Epilepsy. Sincerely, Chaim~ P.S. Thanks to your support, last year 330 communities participated in our awareness campaign. COMMITTEE FOR EPILEPSY AWARENESS Jerry Pizza - Chairman (954) 984-8319 William C. Naulty - Secretary (561) 798-2798 RESOLUTION DECLARING NOVEMBER, 2002 AS NATIONAL EPILEPSY AWARENESS MONTH WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings, and WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse fi.om the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown, and WHEREAS, Epilepsy can affect anyone, at any age and at any time, and WHEREAS, more than two million Americans are _afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents, and WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66%) of those afflicted with Epilepsy are drug controlled, and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices, and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself, and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance, and WHEREAS, studies carded out in the UNITED STATES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. Be it resolved, that the governing body of: does hereby declare the month of November as National Epilepsy Awareness Month. Be it further resolved, that a copy of the Resolution or Proclamation be sent to the Committee for Epilepsy Awareness, 6670 Royal Palm Blvd., Bldg .K., Apt. 302, Margate, Florida 33063-2189 WHEREAS, in 1902, the Children's Home Sodety of Horida was established to protect children and strengthen families; and WHEREAS, in 1965, the South Coastal Division of Children's Home Sodety of Florida was established to meet the spedfic needs of children and families in Palm Beach County; and WHEREAS, more than 24,000 children and adults are aided by the South Coastal Division of Children's Home Sodety of Florida; and WHEREAS, the Children's Home Society offers an array of social services, including adoption, foster care, group homes, pregnancy services, family and individual counseling, child-abuse prevention, emergency shelters, and case management; and WHEREAS, the high levd of recognition granted by the Council on Accreditation of Services for Families and Children to the Children's Home Sodety is attained by fewer than one percent of child-care agendes; and WHEREAS, in November 2002, the Children's Home Sodety celebrates 100 years of service to Florida's childrem NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby procl_~im November 2002 as CHILDREN'S HOME SOCIETY 100TM ANNIVERSARY id the City of Delray Beach, Florida, and congratulate the Children's Home Society for its century of commitment to Florida's children and for its programs and services designed to build, strengthen, and mend famih'es. 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 152 day of October, 2002. DAVID W. SCHMIDT MAYOR FF.'OH : ,]H5, ]]E~ELOPI'IEIIT DEPT FF<g I10. : 561-844-4888 Sap. 16 :_O: 82:51PM Pi Phone number: Fax number: Children's Home Society of Florida Phone number: (561) 844-3158 ~,/3~- Fax number: (561) 8~,~.-4808 [] Urgent [] For Review [] Please Comment [~'~'aease Reply Date sent: ?_ /~ -oz. Number of pages including cover page: Message: Children's Home ~oclety o'r ~iorida, South Coastal Division 2100 45th Street - Park Plaza * West Palm Beach, FL 33407 Main number: (561) 844-9785 FP, OM : CHS, DE~ ~ELOPI'IEIIT lhEPT ME MORANDUM S .P 1 CITY MANAGER TO ' All Mayors and Town/City Councils FROM: Cecelia S. De Filippis, Director of Development Children's Home Society of Florida, South Coastal Division serving all of Palm Beach County. is proud to announce that 2002 marks one hundred years of service to children and families in the State of Florida. As part of our year-long celebration we are requesting that each of the 37 municipalities issue a proclamation declariltg November 2002 the official auniversary of our 100 years of dedicated service. Thank you for your kindness in recognizing our agency for the work that we do in the community, and on behalf of all the staff, it is my privilege to let you know how proud we are to work with you and your law enforcement agencies. Where possible, someone from Children's Home Society would like to be present at the meeting where our request is being considered in order to accept the proclamation. Sincerely, Cecelia S. De Filippis Director of Development Children's Home Society of Florida 2100 45m Strect-Park Plaza West Palm Beach, FL 33407 848-9785x135 Division th~C~c~lia.defilippis.C'.a)chsfl.org Frank] rSulr';ano Executive Oirector Ath~or~ F 1 l~catf'. South Coastal Division 21Cx) 'I 5th Street - Pack Pla. & West Palm t3each, Flonda 33407 F,q, ~661) 848-0195 _~_OPI'IEIIT DI~PT F~'.,'. IICI. : _~,~S~-~44-J,~OF5 $~p. ~S 20Qv' ~£:52Pi'1 P~ PROCLAMATION WHEREAS, in 1902, Ihe Childrens Home Society of Florida was established to protect children and strengthen fanfilies, and WHEREAS. in 1965, The South Coastal Division of Children's Home Society of Florida was established to meet the specific needs of children and families in Palm Beach County, and WHEREAS, each year, more than 24,000 children and aduRs are aidexl by the South Coastal Division of Children's Home Society of Florida, and WHEKEAS, The Children' s Home Society offers an array of social services, including adoption, foster care, group homes, pregnancy services, family and individual counseling, child-abuse prevention, emergency shelters and case management, and WItER.EAS, the high level of recognition granted by the Council on Accreditation of Services for Families and Children to the Children's Home Society is attained by fewer than one parcent of child-care agencies, and WHE~, in November 2002~ the Children's Home Society celebrates 100 years of service to Florida's children, NOW, therefore, Be it resolved by (THE NAME OF TIlE MUNICIPALITY HEP. E): Wishes to congratulate the Children's Home Society for its century of commitment to Florida's children and for its programs and services designed to build, stren~hea and mend families. WHERFd~, over the past 100 years, the Jewish War Veterans of the United States of_America and its Auxiliaries have spearheaded various activities in recognition of those who have served this country during times of war, often sacrificing their health and lives; and WHEREAS, while this organization strives to overcome hatred and discrimination in local communities, its first obligation always has been to service the veterans in the hospitals, as well as those veterans who are in need within their own homes; and WHEREAS, the Jewish War Veterans of the United States of America and its Ladies Auxiliary are additionally active in programs involving the Armed Forces, Child Welfare, and numerous other community related programs; and WHEREAS, the Jewish War Veterans of the United States of America and its Ladies Auxiliary of the Broward/Palm Beach County Council has demonstrated an outstanding record of service in aiding all veterans and the community. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim November 3, 2002 through November 10, 2002 as JEWISH WAR VETERANS/~IES AUXILIARYOF BROWARD/PALM BEACH COUNTY COUNCIL WEEK in Delray Beach, Florida and call upon the people 'of Delray Beach, Florida, to recognize this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and mused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15~ day of October, 2002. DAVID W. SCHMIDT MAYOR JE~SH WAR VETEI~NS OF THE U.S.A. IRWIN L. STEINBERG POST 321 HARRY HE YMAN-COMMANDER AND ~w~$~ WA~ V~T~4NS oF Tm~ U.S.A. POS T 266 (I~~ POINT) RAYMOND WHITE-COMmANDER PROCLAMATION WHEREAS, over the past 100 years, the Jewish War Veterans of the United States of America and its Auxiliaries have spearheaded various activities in recognition of those who have served this country during times of war, often sacrificing their health and lives; and- WHEREAS, this organization strives to overcome hatred and discrim- ination in local communities, its first obligation always has been to service the veterans in the hospitals, as well as those veterans who are in need within their own homes; and WHEREAS, the Jewish War Veterans of the United States of America and its Ladies Auxiliary are additionally involved with programs involving the Armed Forces, Child Welfare and numerous other community related pro- grams; and WHEREAS, the Jewish War Veterans of the United States of America and its Ladies Auxiliary of the Broward/Palm Beach County Council has demonstrated through its outstanding record of service in aiding all veterans and the comunity; NOW, THEREFORE, I ................... do hereby proclaim the week of November 3rd through November 10th, 2002 to be: THE BROWARD/PALM BEACH COUNTY COUNCIL OF THE JEWISH WAR VETERANS & LADIES AUXILIARY WEEK WHEREAS, the Bible has been a constant source of moral and spiritual guidance for many people throughout the centuries; and WHEREAS, the Bible has profoundly influenced art, literature, music, and codes of la~r, and WHEREAS, the Bible has motivated many to acts of compassion and charity; and , WHEREAS, the Bible continues to provide inspiration, hope and comfort for millions of Amexicans today; and ~ :' WHEREAS, for sixty years women and men of many faiths have banded together with the National Bible Association to sponsor National Bible Week as a time to be reminded of the Bible's unique place in American life; and WHEREAS, this annual celebration has encouraged the reading of the Bible. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim Novembex 24, 2002 through December 1, 2002 as BIBL~ WEEK and encourage interested citizens to participate in this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 15~ day of October, 2002. DAVID W. SCHMIDT MAYOR D~CK MURPHY MAYOR September 3, 2002 Dear Fellow Mayor: National Bible Association is sponsoring, for the 62nd consecutive year, the observance of National Bible Week. It will take place the week of Thanksgiving, November 24 - December 1, 2002. I am privileged to serve as Chair of the Mayors' Committee for this celebration and ask that you issue a proclamation calling for Bible Week observance in your community. I believe that the celebration of National Bible Week has a special significance at this critical juncture in our nation's history. A sample proclamation is enclosed for your use. Please adapt this in whatever way you wish. National Bible Association, sponsor of National Bible Week, is a nonprofit educational organization whose only mission is to encourage all Americans to read the Bible. National Bible Association is not affiliated with any religious organization. It was founded by business leaders who wish to remind Americans of the unique influence of the Bible on our culture, laws, and social reform movements, as well as commonly held ethical and moral standards. The Association provides free, nonsectarian materials to civic groups, libraries and congregations that sponsor local Bible Week observances. If you send a copy of your proclamation to the Chair of National Bible Week, Daniel Amos (Chairman of AFLAC), it will be displayed at the National Bible Week Inaugural Luncheon at the St. Regis Hotel in New York City on Tuesday, November 19, 2002. Please send your proclamation to: National Bible Association 1865 Broadway, 4th Floor New York, New York 10023 Attn: Daniel Amos, National Bible Week Chair Your proclamation should reach the New York office by November 12th to be included in the display at the luncheon. Thank you, your cooperation in this effort is greatly appreciated. Sincerely, Dick Murphy Mayor of San Diego Enclosure - Sample Proclamation CITY ADMINISTRATION BUILDING, 202 C STREET, SAN DIEGO, CALIFORNIA 92101 (61¢J) 236-6330 BIBLE WEEK WHEREAS, the Bible has been a constant source of moral and spiritual guidance for many people throughout the centuries; and WHEREAS, the Bible has profoundly influenced art, literature, music and codes of law; and WHEREAS, the Bible has motivated many to acts of compassion and charity; and WHEREAS, the Bible continues to provide inspiration, hope and comfort for millions of Americans today; and WHEREAS, for sixty-two years, women and men of many faiths have banded together with the National Bible Association to sponsor National Bible Week as a time to be reminded of the Bible's unique place in American life; and WHEREAS, Bible Week is an annual celebration that encourages the reading of the Bible; NOW, THEREFORE, I, DICK MURPHY, the Thirty-third Mayor of the City of San Diego, do hereby proclaim the week of November 24 - December 1, 2002, to be "BIBLE WEEK" in the City of San Diego, and encourage interested citizens to participate in this observance. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND, THIS DAY, AND HAVE CAUSED THE SEAL TO BE AFFIXED HERETO. DICK MURPHY · · MAYOR September 3, 2002 DATE WHEREAS, the Urban League is the moon's oldest and lf~rgest community- based movement devoted to empowering African-Americans to enter the economic and social m~instreang and WHEREAS, the Urban League of Palm Beach County was established on February 25, 1974 and became the 102"a Affiliate of the National Urban League and the fifth Urban League in the state of Florida; and WHEREAS, the mission of the Urban League of Palm Beach County is to enable African-Americans and other minorities to secure economic self-reliance, parity, power, and dvil rights; and WHEREAS, the Urban League implements its mission through advocacy, research, program services, organizational support, and community bridge building; and will host their 29"` Anniversary, Equal Opportunity Day Dinner, on November 8, 2002. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend the URBAN I.~.&GUE OF PALM BEACH COUNTY in recognition of the many accomplishments and dedicated service to the dtizens of Palm Beach County. 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 15"' day of October, 2002. DAVID W. $CHMIDT MAYOR 18/11/2882 88:16 5612747887 82:89 551-833-6858 URBAN L£A~UE PBC P~ P~ ~ 82 PROCLAMATION BACK TO SCHOOL RALLY (A.g.s ;0, WHEREAS, the Urban League is th~ nation's oldc~ and largest cml~mmdty-based mov~rn~t devoted to empowering Afl-ic~m. Americaris to enter ~h¢ ~onomic szxi social ~ and W/'~r£REA$, Re Urbata League of Palm Beach ~ was ,stablished on Fsbmary 21;, 19'/4 and bec~me the 102"a Affiliate of the National Urban L~g~e and the fifth Urban League in lhc s~ate of Plofida and WHEREAS, the mission of ~he Urban Leasue of Palm Bea~ Co~mty is to African-Americans and other minorities ~cure economic self-reliance, parity and power and c/vii rights and W'~ER.~.,A~, the Urban League implements i~ mission through Advocacy, Research, Program S~'vices~ Organizational Support, and Comro~ Brid~ Building; I, .lod T. DaYes, Mayor of ~he city of West Palm Beach, Florida, do hereby proclaim Saturday, Aug~sl 10, 2002 as ANNUAL BACK TO SCHOOL RALLY in the City of West Palm Beach, Florida and urge all citiz~ to recognize and support the needs of young children in our communilies. BE IT PT~RFHER PROC~tIM~D ~mt hc~e in the City of Wes~ Palm Beach, the Urban L~a~te of Palm Beach County is congratulated ~nd r~cogntzed for its efl~ns of m..,cou~gin~ a~d guiding om' youths, 1N WYrNESS ~O~' I I~VE SET AND CAUSED TO BE AFFIXED Tit'E OFFICIAL SEAL OF THE CITY OF .... ~ ~. . STATE O1~ DONE THIS .--_-,..-. DAY OF . , _ ,2002, AD. IE _ , il --. MAYOR i0/li/~002 08:i6 §6127470B? URBAN LEAGUE P~C PAGE Bi To: From: JIMMY ~ATH~RSPOON $61-265.3318 Dat~* Pa~es: [Pages (including cover sheet)], including cover sheet. urban League' ',-Palm'BeachCoUnW, Inc. , EOD HOsT COMMITITEE .Committee Ch~ir 'Deborah Sampson Oflqce of Diversity ' OFFICE DEPOT Larry BroWn Bro~wn Distributirig .Beatlice McK°y ' Me~b¢i=At-La?ge Ervin Owens Human Resource Consultant Bishop Haloid Ray Rddemi3tiv'e Life Fdlow~'[a'ip' ,Robert'M, Friedman '" ~ ', BoardCfiai~' ' 'patrlCk J.'Franli!in Presldent/CEO '17~0 N,~Afistralian i'vehue", ·Wes. t Palm Bea~:h,'Floridw 33407 '(581!833-1461 · FAX (561) $33-605ff, ~' ~.ulpbc.or§ Standing One... ~<onfirm,ng Our ~omm,tment ~o ~'~he ~ommumty Dear Friend and Supporter, How do you best describe a community? Through life our elders have taught us that a community is made up of ethnic backgrounds, religious beliefs, cultures, age groups and businesses. It is the diverse aspects of the population that has implanted in us the zeal and determination to improve the quality of life in the communities in which we live and work. We, at the Urban League of Palm Beach County firmly believe that education and strong families form the foundations of strong communities. Everyone has a role to play in making families successful, including neighborhood organizations, businesses, nonprofits, policymakers, and of course, families themselves. As we move forward in the year 2002, the Urban League of Palm Beach County takes great pride in hosting its 29'~ Anniversary and Equal Opportunity Day Dinner on Friday, November 8, 2002 at the Delray Beach Marriott in Delray Beach, Florida. This gala event will be begin with a reception at 5:30 P.M. Doors open for dinner at 6:30 P.M. Our honoree and recipient of the Lifetime Achievement Award for this grand occasion will be none other than The Honorable Edward Rodgers, retired Circuit Court Judge, 15'~ Judicial Court, whom we feel is a well deserving figure in our community. Through his tireless and endless efforts, he has and continues to demonstrate his commitment to equality and justice for all. We also have the distinct honor of having as our keynote speaker, television personality, Judge Greg Mathis, who will bring powerful words of inspiration. Also joining us for the evening will be prominent Attorney and MBC Chairman and CEO, Willie E. Gary as our Honorary Dinner Chair. Proceeds from this event will provide support to our ongoing programs and services that we provide. Thank you kindheartedly in advance for your display of support and encouragement to our communities and cause. Sincerely, Deborah Sampson EOD Host Committee Chair Board Chair 1700 N. Australian Avenue West Palm Beach, Florida 33407 PH. 561-833-1461 FAX 561-833-6050 Presenting Sponsor OFFICE DEPOT inner Supporting Sponsor PRUDENTIAL FINANCIAL ENTERPRISE RENT-A-CAR Hosted by The Urban League of Palm Beach County at The Delray Beach Marriott Hotel 10 North Ocean Boulevard Delray Beach, Florida Friday, November 8, 2002 Silent Auction & Reception - 5:30 P.M. Dinner & Entertainment- 7:00 P.M. Honoree Special Lifetime Achievement Award 2002 Judge Edward Rodgers Keynote Speaker Judge Greg Mathis (Television Personality) Master of Ceremony Bishop Harold Calvin Ray Invitation to follow ~eaaaue (~ 2ffa ~(~.~ .~)innev and ~fent ~4uctivn ~ida~, .jY'ovem~er 8, 2002 at ~]'/~e ..~)e~aav ~eaoq d~/(amdt . vnate 2q:a ucavn q;lem Use your imagination. The possibilities are endless. Donate an item that you think is irresistible. Your company will receive free publicity in the event's programs which will be distributed to all Annual Dinner attendees. In addition, your company will be featured in our quarterly newsletter publication, which goes out to over 1,500 businesses/individuals throughout Palm Beach County. The Urban League's events are tax deductible as an ordina~ business expense. Donations should be: [] Minimum $50 value [] Valid November 2002 through November 2003 [] Received by the Urban League of Palm Beach County, accompanied by this form, no later than Monday, October 21, 2002 Item: Restrictions/Blackout Dates: Donated By: Address: Phone: Value: Contact Name: City/State: Zip: Please bring your items to: The Urban League of Palm Beach County 1700 N. Australian Avenue · West Palm Beach, FL 33407 Phone: 561/833-1461 · FAX: 561/833-6050 - Thank youforyour support- 29TM ANNIVERSARY EOD (Equal OpporttmiF Da~) DINNER Presenting Sponsor OFFICE DEPOT Supporting Sponsors PRUDENTIAL FINANCIAL ENTERPRISE RENT-A-CAR Honoring JUDGE EDWA~ RODGERS With the 2002 Lifetime Achievement Award Recognizing his dedication and commitment to equality & justice for all Keynote speaker Judge Greg Mathis (Television Personality) Friday, November 8, 2G02 Delray Beach Marriott Delray Beach, Florida please call (561) 833-1461 PARTNERSHIP OPPORTUNITIES Presenting Sponsor OFFICE DEPOT Supporting Sponsor PRUDENTIAL FINANCIAL ENTERPRISE RENT-A-CAR inner Hosted by URBAN LEAGUE PALM BEACH COUNTY CONTACT: CYNTHIA MAYS Executive Assistant to Patrick J. Franklin, President/CEO PH: 561/833-1461 Ext. 52 FAX: 561/833-6050 EQUAL OPPORTUNITY DAY DINNER PARTNERSHIP LEVELS & BENEFITS PLATINUM- $25,000 · Representation as the Event's Platinum Partner · 10 Invitations to Private ~tion withJudge MathiS and Judge Rodgers · Feature coverage in · 3 Tables (30 seats) at the Evm · 2 Full Page Advertisements in, · Premium Seating · Firm's logo on Partnership · Photograph with Judge Mathi: releases ) uvcnlr Judge,Rodgers,,i '~,, GOLD - $10,000 ~ · Representation as the Event's Partner ? ~ · 5 Invitations to Private Recep1 with Judge~Ma/.his and Judge Rodgers Feature coverage in all publici~iand press releases 2 Tables (20 seats) at the Evc~' I Full Page Advertisement in ~uvemr Pro,ram Premium Seaung SILVER- $5,000 · Representation as the · Inclusion in all f · 1 Table (10 seats) at the Evel · Half Page Advertisement in BRONZE- $2,500 ,, · Inclusion in all publicity a~d · ~ ~ seats at the Event ~· , Half Page Advertisement in [~ua~a .2~inne~ 29 Anniversary EOD Dinner Hosted by The Urban League of Palm Beach County, Inc. PARTNERSHIP RESERVATION FORM -PLEASE TYPE OR PRINT- Name of Company/Organization: Contact Person: Address: City: State: Phone:( ) Fax:( ) Partnership Level: (Please indicate with an "X") gl PLATINUM- $25.000 gl GOLD- $10.000 In BRONZE- $2,500 gl E-Mail: Zip: gl SILVER- $5,000 TABLE - $1,000 (seats 10) Signature of Authorized Representative Print Name Title Date Please make check payable to Urban League of Palm Beach County. Please fill out completely, sign and return this form along with your check to the address below or fax your Reservation Form to hold reservation to Cynthia Mays: 561-833-6050 The Urban League of Palm Beach County 1700 N. Australian Avenue · West Palm Beach, Florida 33407 RESERVATION DEADLINE - MONDAY, OCTOBER 21, 2002 29A ' ry nnlversa EOD Dinner ~inner Hosted by The Urban League of Palm Beach County, Inc. AD RESERVATION FORM -PLEASE TYPE OR PRINT- Name of' Company/Organization/Individual: Contact Person: Address: City: Phone:( ) Fax: ( ) State: Zip: E-Mail: Advertisement Level: (Please indicate with an "X") Back Cover - Office Depot Inside Front Cover- Redemptive Life Fellowship [] Inside Back Cover - Prudential Financial [] Full Page Ad (5 ½ x 8 ½) - $500 Half Page Ad (4 Va x 5 V2) - $250 Please make check payable to: Urban League of Palm Beach County. Please fill out completely, sign and return this form along with your check and Ad to the address beio'w or fax your Reservation Form to hold reservation to Cynthia Mays at 561-833-6050 or email ad to cyntmays@aol.com The Urban League of Palm Beach County 1700 N. Australian Avenue · West Palm Beach, Florida 33407 RESERVATION DEADLINE - WEDNESDAY, OCTOBER 23, 2002 you have any questions, please call Cynthia Mays at 561/833-1461 Ext. 52 Thank You For Your Support WHER.EAS, the Delray Beach Orchid Society, founded in 1974, is affiliated with the American Orchid Society and shares the purpose of promoting the enjoyment of and education concerning orchids, as well as their conservation and preservation in the wild in all areas of the globe; and WHEREAS, the Delray Beach Orchid Society will hold it's 12m Annual Show on October 25m, 26m and 27m, 2002, in the Old School Square gymnasium; and WHEREAS, the theme of this year's show is: "ORCHID FANTASY" to encourage each person to enjoy their individual fantasy while sharing the beauty of orchids; and WHEREAS, partidpating vendors and individual hobbyists will enter displays depicting the show's theme and the orchids will be judged by American Orchid Society judges; and WHEREAS, the Delray Beach Orchid Society's annual show is regarded as one of the finest in the State of Florida. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby encourage all dtizens to attend and support the DELRAY BEACH ORCHID SOCIETY'S 12TM ANNUAL SHOW "ORCHID FANTASY" to be held at the Old School Square gymnasium on October 25th, 26m and 27~, 2002. 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 15~ day of October, 2002. DAVID W. SCHMIDT MAYOR Defray Beach Orch,dSocze ~~ " ~I}? Delray Beach, Florida 33447 David W. Schmidt, Mayor City of Delray Beach 100 NW 1st Avenue Delray Beach, Flodda 33444 Subject: Proclamation Supporting The Delray Beach Orchid Society Show Dear Mr. Schmidt: In the past, you have been so kind as to issue a proclamation supporting the efforts of the Delray Beach Orchid Society to support local charities and to educate the public regarding the beauty of nature and in particular Orchids Enclosed is a draft of a proclamation supporting the annual show. We would appreciate it if you would issue this proclamation in support of our efforts. Each copy of our Show Program will prominently feature a copy of the proclamation. Please let us know when the proclamation will be read so that I can be in attendance. Thanks ever so much for making our city so great. Love those Orchids Julia E. Hamner Show Chairman 561-496-3186 Enclosure City Of Delray Beach PR OCI.,AMA TION WltEREAS, the Delray Beach Orchid Society, founded in 1974, will hold it's 12th Annual Show October 25th, 26thand 27th, 2002, in the Old School Square Gymnasium; and WHEREAS, the statement of purpose of the Delray Beach Orchid Society is to stimulate interest, provide education and enable exchange of information among those interested in the culture of orchids, in all it's aspects; and WHEREAS, the Delray Beach Orchid Society's annual show is regarded as one of the finest in the state; and WHEREAS, this year's theme, "ORCHID FANTASY", seeks to encourage each person to enjoy their individual fantasy while sharing the beauty of orchids; and WHEREAS, participating vendors and individual hobbyists will enter displays depicting the show's theme and the orchids will be judged by American Orchid Society judges. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby encourage all citizens to attend and support the DELRAY BEACH ORCHID SOCIETY'S 12TM ANNUAL SHOW "ORCHID FANTASY" to be held at the Old School Square gymnasium on October 25th, 26th, 27th, 2002. 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 day of October, 2002. DAVID W. SCHMIDT MAYOR MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~~ AGENDA ITEM # ~0~1 - REGULAR MEETING OF OCTOBER 15, 2002 FINAL PLAT APPROVAL/STONE STATION PLAT OCTOBER 11, 2002 This is before the Commission to approve the final subdivision plat for Stone Station Florida, Inc. The property is located on the southwest comer of S.W. 7t~ Street and Auburn Avenue. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Stone Station Florida, Inc. S:\ City Clerk\chevelle folder\agenda memos\ Final Plat. StoneStauon. l 0.15.02 L.q--~U,S 'q~. £ 'N 'S Date: 08 Oct 2002 AGENDA REQUEST AGENDA ITEM NUMBER:. Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda When: 15 Oct 2002 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the Stone Station Plat. The project is located on the southwest corner of SW 7th Street and Auburn Avenue. Enclosed is a location map, and a reduced copy of the plat.~ll s~comments~have been addressed. Department Head Signature: ~ ~--~ Io~' -.-,~,~ City Attorney ReviewfRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~/No Initials: ~1 Hold Until: Agenda Coordinator Review: Received: (if applicable) __.Special Agenda S:XEngAdmin\TAC\Stone Station Warehouse\15oct2002 agenda.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'~~<~j AGENDA ITEM # o_D - REGULAR MEETING OF OCTOBER 15, 2002 FINAL PLAT APPROVAL/COLNON REPLAT DATE: OCTOBER 11, 2002 This is before the Commission to approve the final subdivision plat for Colnon Replat. The project consists of a four (4) lot subdivision located south of N.W. 11 m Street on Lake Ida Road. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Colnon Replat. S:\Clty Clerk\chevelle folder\agenda memos\Final Plat. Colnon. 10.15 02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager William A. Grieve, PE, Assistant City Engineer October 8, 2002 Colnon Subdivision Replat Please find attached the agenda request for Commission approval of the Colnon Subdivision Replat. The project consists of a four lot subdivision south of NW 11th Street on Lake Ida. I have also enclosed a location map, and a reduced copy of the plat. All staff comments have been addressed. If this meets with your approval, please place it on the October 15, 2002 Commission meeting for Commission approval. The Colnon Subdivision Replat is a replat of a portion of the North one-half of the west one-half of lot 2, Section 8, Township 46 South, Range 43 East. Neither site plan approval nor Planning and Zoning Board approval was required for this Replat. Thanks enc cc TAC: Colnon Subdivision Replat '-~ 3nN]AV NOJ. NIMS 65' Ppi eHD'1 'F- Ill ',~ ¥~I Date: O~ober 8, 2002 Request to be placed on: X Consent Agenda When: 15 Oct 2002 AGENDA ITEM NUMBER: AGENDA REQUEST Regular Agenda Workshop Agenda __.Special Agenda Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute the Colnon Subdivision RePlat. Staff comment~e b~dre~ed/~ Department Head Signature: ~ ~. ,'-~,~ ~ Iv- ~ - ~x/ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~/No Initials: Hold Until: (if applicable) Agenda Coordinator Review: Received: S:XEngAdmin\TAC\Colnon Subdivision ReplatN01oct2002 agenda.doc TO: THRU: FROM: SUBJECT: MEETING OF OCTOBER 15, 2002. **CONSENT AGENDA** ACCEPTANCE OF EASEMENT DEEDS ASSOCIATED WITH DELRAY PARK OF COMMERCE~ PROFESSIONAL PLAZA). TRACT "D" (GRAND BAHAMAS The action requested of the City Commission is acceptance of two (2) easement deeds associated with the Grand Bahamas Professional Plaza development located on Tract "D" within the Delray Park of Commerce, which is located at the northeast corner of Lake Ida Road and Congress Avenue. At its meeting of October 15, 2001, the Planning and Zoning Board approved a Master Development Plan (MDP) modification request to change the land use designation from Light Industrial to Office Center for Tract "D", in order to accommodate eight (8) one- story office buildings containing a total of 18,000 square feet. The applicant subsequently submitted for site plan approval and at its meeting of December 12, 2001, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan, and architectural elevations, subject to conditions. Among these conditions of approval was a requirement that the applicant executes easement deeds for the proposed utilities or re-plat the subject property prior to the issuance of a building permit. The applicant has submitted two (2) easement deeds for acceptance by the City Commission which have been reviewed for legal sufficiency and form, and have been determined to be acceptable. It is noted that these deeds have already been recorded with Palm Beach County. By motion, accept the two (2) easement deeds associated with the Grand Bahamas Professional Plaza development. Attachments: Location Map Reduced Site Plan Easement Deeds !! / / / / / N W 13TH ST TENNIS COUR TS POOL REGIONAL WASTE WA TER TREA TMEN T FA CILI TY PARK NW. lOTH ST PARK LAKE IDA PLAZA N CITY OF DELRAY BEACH. F'L PLANNING & ZONINGDEPARTMENT G RAN D BAHAMAS PROFESSIONAL PARK --- DIGITAL ~$E MAP SY'Zi'E'M -- MAP REF LM559 Prepared by and Return to: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue DeltaS, Beach, Florida 33444 I IIII III II III II III II III II III II III II III III II III I Illl 09/16/2002 16:39:42 20020486402 OR BK 14156 PG 0539 Palm Beach CountT, Florida AMI 1.00 Doc Stamp 0.70 EASEMENT DEED THIS INDENTURE, made this,,,t!¢,t~ day of September, 2002, by and between GRAND BAHAMAS DEVELOPMENT, LLC, with a mailing address of 310 North Swinton Avenue, Delray Beach, Florida 33444, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of public utilities with full and free right, ,liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. BOOK 14156 PAGE 0540 Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whmnsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day m ~d year first above written. (n~gprinted or typed) ~_L~. ,&~ESS ~2: (name printed or typed) G RA~B~'C~ AHAM~xDEVELOP MEN T LLC _ Alan Bagliore, Marl. aging Member STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this I/9"tqday of September, 2002, by Alan Bagliore, the Managing Member of GRAND BAHAMAS DEVELOPMENT LLC, a Florida limited liability company, on behalf of the compm~y. He is. personally known to me or has produced did/did not take an oath. (SEAL) ,,,_riff.?.,'"?..HELEN CO,~HONIS I[ ,, lff-~".~--'-A~-? EXPIRES June 17, 2006 JJ ,...,,~,.,,~.~:~...... Il (type of identification) as identification ,and Signature of Notary Public - State of Florida F:\DATA\WP6DATA'UAB\WONDERLA\RE\GRANDBAH MAS\EASEMENT WPD 2 FPOM.: O'BRIEN, SUITER & O'BRIEN, INC PHONE NO. : 561 276 2398 S~p. 11 2002 12:48PM P3 SKETCH OF DESCRIPTION 0 TES.- THIS IS NOT A SURVEY THE SOUTH LINE OF TRACT "D' IS ASSUMED TO BEAR N, 71°..$4'4L7"W. DES GRIP T ION: A 10' UTILITY EASEMENT OEING A PORTION OF TRACT ~D~, DELRA Y PARK OF COMMERCE, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 54, PAGES 188. 189 AND 190, PUBLIC RECORDS OF PALM BEACH COUNTY, ?LORIDA, THE CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT BOOK 14156 PAGE 0541 W1 llcen, Clerk EXHIBIT "A " "D~ THENCE N. Tf",~4'47~'W,, ALONG THE SOUTH LINE OF SAIO TRACT ~D", A DISTANCE OF 81.00 FEET TO THE POINT OF BEGINNING- THENCE N. 18°25'I$'E., A DISTANCE OF 289.00 FEET TO POINT "A? ~'HENCE S. 71"J4"47'E., A DISTANCE OF 20.00 FEET; THENCE BEGINNING AT THE THE AT THE AFOR£DESORIBED POINT ~A". N, 18°25"13"E., A DISTANCE OF 4,00 FEET: THENCE N. 71"$4'47"W,. A D/STANCE OF g2.00 FEET; THENCE S. fB~25'IJ'W.. A DISTANCE OF 52,00 FEET; THENCE $.EJ°25'1]"W., A D/STANCE OF 12~.28 FEET; A DISTANCE OF 63.00 FEET; THENCE S,~$"25'1J w, A D/STANCE OF ~1.31 FEET; THENCE N,P?°34'47"W., A OISTANCE 'oF' 68,00 FEET TO POINT 'O"; THENCE N. IB°25'I$"E., A DISTANCE OF 20.00 FEET: THENCE BEGINNING A T THE AFOREDEScRI8ED POINT 'B"', DA TE: AUG, 28, 2002 N. 71°J4'47'W., A DISTANCE OF lJ. O0 FEET TO A POINT ON THE [ m,c,o,~-^~ c,.~-~ .. ,,~,,:,~,~'~, ,^,,.~ WE.ST LINK. OF SAID TRACT "O" AND THE TERMINUS POINT OF I ""°ruc-i'~,C"~u'~co ~- w~rw~.~ ,v~. ., SAgO EA$~M['w?~ ~ ~z.. ~,u t,~t~rrv _~TITr I~fl ~-~l~- ATE OF AUTHORIZATION ,~LBJ55 I ~ em ~y t~t m~ ~ ; ~ARGE'~ UL D EN¢LE SHORTENED TO M~ET AT AN~LE POI~] r]$~ ~l~ _ ~m~,y~~j~ ~D~NAL HIGHWAY ~This~Dayof ~ ~~~M FLORIda 5348~ ~ BY ~ /~~ D,C. SHEET ! OF 1 PTZOL-D. ENG[jE SURVEYOR AND MAPPER ~5708 Prepared by and Return to: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. I st Avenue Delray Beach, Florida 33444 IIIII II III II III III II III II III !1 III II III II III II III I I!11 09/16/2002 16:39:42 20020486403 OR BK !4156 PG 0542 F'aln~ Beach County, Flo'cida AMT 1.00 Doc Staa~p 0.70 EASEMENT DEED THIS INDENTURE, made this l(~ '~ day of September, 2002, by and between GRAND BAHAMAS DEVELOPMENT, LLC, with a mailing address of 310 North Swinton Avenue, Delray Beach, Florida 33444, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State o£Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-. described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. BOOK 14156 PAGE 0543 Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. GRAND BAHAMAS DEVELOPMENT LLC Alan Bagliore, l~?lanaging Member /~ES S #2:,~ . , (name prfnted or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this'-I0~4'~ day of September, 2002, by Alan Bagliore, the Mm~aging Member of GRAND BAHAMAS DEVELOPMENT LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced did/did not take an oath. (SEAL) If) MY COMMISSION # OD 126872 I! EXPIRES June 17, 2006 }[ (type of identification) as identification and Signature of Notary Public - State of Florida F:\DATA\WP6DATA~dAB\WONDERLA\RE\GRANDBAH MAS\EASEMENT WPD 2 O'BRIEN, SUITER & O'BRIEN, INC PHONE NO. : 561 27G 2390 BOOK 14156 .... Dorothy H. SKETCH OF DE$CRIP T/ON S~p. 11 2002 12:47PM P2 PAGE 0544 Wilken, Clerk NO TES: THIS IS NOT A SURVEY THE SOUTH LINE 07 TRACT "D" IS ASSUMED TO BEAR N. 71°J4'47"W. OESCRtP TION: A 10' UTILITY EASEMENT BEING A PORTION OF TRACT "D", DELRA Y PARK OF COMMERCE, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 54, PAGES 188, 189 AND 190, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT ~0'; THENCE N. 71°J~'#7'W., ALONG THE SOUTH LINE OF SAID TRACT 'D', A DISTANCE OF lg?.O0 FEET; THENCE N. 18'25'13"E., A DISTANCE OF JO FEET TO THE POINT OF B~GINNING AND A POINT ON THE NORTH LINE OF A 25 UTILITY EASEMENT AS SHOWN ON SAID PLA T OF DELRA Y PARK OF COMMERCE: THENCE CONTINUE N. IE~25i'1J'E.. A DISTANCE OF 44.00 FEET; THENCE S. 71°J4'~7'E.. A DISTANCE OF 39.00 FEET; THENCE N. 1B°$5'10~E., A DISTANCE OF 210.00 FEET TO THE TERMINUS POINT OF SAID EASEMENT. THE SIDE ~tN~ M~T A T A~~TS. I ~I~Y ~1~ SHORTENED TOtree ~pY ~ third ~is ~Day of_ DOROTHY'. WILKEN ORDER NO. 01T~57EA 'SEWER' ,,, / ~l~rk~it CouK EXHIBIT "A " SHEET ? OF 1 SUR VE YDR A ND MA PPER ~5 708 DA TE: AUG. 2B, 2002 O'BRIEN, SUITER &~ O'BR/EN, /NC CERTIFICATE OF AUTHORIZATION t~LBJ5J ~gURVEYOR AND M~PPER tN RESPONSIBLE ~HARGE: PAUL D. EN~LE - 2~01 NORTH FEDERAL HIGHWAY DELRA Y BEACH FLORIOA JJ48J (561) 276-4501 (561) 7,t2-3279 u [ITY OF DELRIIY BEFIgH CITY ATTORHEY'S OFFICE 1993 POLICE LEGAL ADVISOR 300 W ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 '1 ELEPHONE 561,/243-7823 · FACblMILE 561/243-7815 To: From: POLICE LEGAL ADVISOR MEMORANDUM Mr. David Harden, City Manager Catherine U. Kozol,//// j Police Legal AdvisorL.," ~ RECEIVED 0 CT 0 3 200Z Date: September 30, 2002 CITY CLERK Re: Traffic Enforcement Agreement Auburn Trace Homeowner's Association Attached for your review and insertion on the Consent Agenda are two originals of the Auburn Trace Homeowner's Association Traffic Enforcement Agreement. The Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of Auburn Trace. The Department feels that allowing enforcement of state and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. The Association will pay $1.00 per month to cover the costs of enforcement and will add the City as an additional insured on the liability insurance policy for $100,000.00. A copy of the Certificate of Insurance is attached. If this agreement meets with your approval, please place this on the Consent Agenda at the next Commission Meeting. When all the agreements have been signed, I would appreciate it if you would return one original to me for forwarding to the Homeowner's Association. Thank you for your courtesy and attention. Ath/encs. cc: Susan Ruby, City Attorney AUBURN TRACE, LTD. HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in Auburn Trace as effective as possible; and WHEREAS, the AUBURN TRACE, LTD. HOMEOWNER ASSOCIATION (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the CITY Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of traffic control and traffic enforcement that occur on the ASSOCIATION's property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. 5. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 6. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the AUBURN TRACE, LTD. HOMEOWNER ASSOCIATION and shall continue in full force and effect until rescinded by either party. Under no circumstances may this agreement be renewed, amended, or extended except in writing. 7. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 8. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorney's fees. 9. The ASSOCIATION, by signing below, affirms that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. .s agreement made and entered into on this ,--2-~''~z; day of ,2002. City of Delray Beach, Florida By: City of Delray Beach by Mayor David Schmidt AL(burn TrAce"Ltd. Homeowner Assn. by Thomas Hinners, President. ATTEST: City Clerk Approved as to form ncy b~0vl:,.~ul.- UbLHAY LIB; 561276/002; Aug-23-D2 1:03PM; Page 2/2 730 A39~ s.~, ~ch &ye., ldg. J NOLOER. TH~S 0ERTJ~CAT~ OOEl NOT ~END. EK~ND OR I~SU~RS APFO~ING COVE~GI ,,,MS~.~ O: ., , ; P~ 6*aY W~y ~ XOOOOOO I ~ w*L1sCtd as ~n Add2clon&l A~rn T~ace, ~TD DO~&y leae~,~ FL [lTV OF OELRI:IV BEI:II:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wnter's D~rect L~ne 561/243-7091 1993 DATE: October 9, 2002 MEMORANDUM TO: FROM: City Commission Brian Shutt, A~ss~t'~nnt City A~torney SUBJECT: Interlocal Aqreement between the City and CRA for Furnishin.q/Adminstration of Professional Enqineerinq Services This Interlocal Agreement between the City and CRA provides that the City may supply the CRA with engineering services from the City's Engineering Department. There would be no charge for in-house engineering services. The Agreement also provides that if the CRA requests engineering services, within the CRA redevelopment area and within the public right-of-way, and those services are performed by an outside engineering firm, the CRA shall provide payment to the City for the total cost of such services. The City's engineering department shall administer and oversee the work performed by the outside engineering firm. The City shall only perform the engineering services or administration of engineering services upon its ability to adequately provide such services. The City may decline to provide such services. By copy of this memo to David Harden, our office requests that this item be placed on the October 15, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer Diane Colonna, Executive Director CRA INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FURNISHING/ADMINISTRATION OF PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is made this between the CITY OF DELRAY (hereinafter referred to as "CITY"), day of , 200_ by and BEACH, a Florida Municipal Corporation, and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WlTNESSETH: WHEREAS, the CITY has an engineering department as well as continuing professional contracts with engineering firms; and WHEREAS, the CRA requires the use of engineering services from time to time; and WHEREAS, the CRA, on certain projects may wish to contribute a portion or all of the fees charged by outside engineering firms; and WHEREAS, the parties both desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY will provide the following services: A. Engineering services to the CRA relating to work that is performed within the CRA redevelopment area within the public right-of-way; B. The CITY shall provide for these services through the CITY'S engineering department or through the use of outside engineering firms, upon consent of both parties, that have consulting agreements with the CITY. If outside engineering firms are used the CITY'S engineering department shall administer and oversee the work performed by the outside engineering firm. C. The CITY may provide these services to the CRA upon reasonable request by the CRA and upon the ability of the CITY to provide such services either through its engineering department or through outside engineering firms. The CITY may decline to provide such engineering services for any reason or no reason. D. The CITY shall not be responsible for any cost associated with the work requested by the CRA unless agreed to prior to the start of such work. 3. The CRA shall provide the following: A. Prior reasonable notice to the CITY of work requests; B. Payment to the CITY for all outside engineering work requested by the CRA. The CRA shall provide a written commitment to the CITY, prior to the approval of the Consultant Service Authorization by the CITY, for payment of costs involving outside engineering work. 4. The term of this Agreement shall commence upon execution by both parties and shall continue until either party delivers written notice to the other party of its intent to terminate this agreement. Upon the termination of this agreement the CRA shall pay all costs or charges that are outstanding for work performed through the date of termination. 5 This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01 (11) of the Florida Statutes. 2 6. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 7. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 8. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 10. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor COMMUNITY REDEVELOPMENT AGENCY By: (SEAL) The foregoing instrument was acknowledged before me this day of , 200_, by ., as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 4 CITY OF DELRrlY BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: October 4, 2002 MEMORANDUM TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: EPOCH Funding Agreement; Amendment No. 1 to the Lease Agreement between the City and EPOCH EPOCH approved the attached Funding Agreement which provides that EPOCH will pay the balance owed ($52,000) by paying $3,000 by December 31, 2002 and $3,500 by December 31st each year of the remaining 14 years of the agreement to be paid in full by December 31, 2017. The agreement reflects the Commission's previous direction. In addition, EPOCH has sought a modification of the lease to provide that the Spady House shall be covered under the City's property insurance. All the other terms remain the same. By copy to David Harden, City Manager, our office requests that the Funding Agreement and Amendment No. 1 to the Lease Agreement be placed on the October 15, 2002 consent agenda for City Commission approval. Attachment CC: David T. Harden, City Manager Barbara Garito, City Clerk Vera Farrington, President of EPOCH Daisy Fulton Brahm Dubin Mark S. Reingold, Esq. Frank Babin, Risk Manager MODIFIED FUNDING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND "EXPANDING AND PRESERVING OUR CULTURAL HERITAGE~ INC." THIS AGREEMENT is made on this ~ day of ,2002, by and between the CITY OF DELRAY BEACH ("City") and EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC., a not for profit corporation, ("EPOCH"). WITNESSETH: WHEREAS, the CITY is the fee simple owner of the Spady House and EPOCH is responsible for restoring, developing and operating a multi-cultural center to provide educational, cultural, recreational and certain governmental activities; and WHEREAS, the City has been asked to assist with funding in order for EPOCH to complete the museum project; and WHEREAS, the City, as owner of the property has determined that it is in the City's interest to ensure that the project is completed; and WHEREAS the City and EPOCH entered into a funding agreement dated February 7, 2001 and EPOCH paid $5,000.00 on that agreement; and WHEREAS, the parties desire to modify the funding agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated herein. 2. Payment by City. The City shall pay to EPOCH Fifty-Seven Thousand Dollars ($57,000) to be used to complete the Spady House Museum Project. 3. Repayment. EPOCH has previously paid the City Five Thousand Dollars ($5,000) and shall pay to the City the balance of Fifty-Two Thousand Dollars ($52,000) over a 15-year period at no interest as follows: EPOCH shall pay to the City Three Thousand Dollars ($3,000) by December 31, 2002 and shall pay to the City Three Thousand Five Hundred Dollars ($3,500) by December 31st each year of the remaining 14 years of this Agreement, to be paid in full by December 31,2017. 4. Term. This Agreement shall terminate on the date the last and final payment is made. 5. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and shall supercede all prior oral and written agreements, as to this Funding Agreement. 6. Modification. This Agreement may be amended or modified by written addendum or amendment signed by the parties. 7. Assignment. This Agreement may not be assigned without the express written consent of the parties. ATTEST: City Clerk Approved as to Form: C1TY Of DELRAY BEACH, FLORIDA David Schmidt, Mayor City Attorney Witnesses: Print Name: EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. By: Print name: Title: 2 Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ,2002 by title of officer or agent) of acknowledging), a behalf of the corporation. day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification. ~2~02 Signature of Notary Public - State of Florida 3 AMENDMENT NO. 1 TO LEASE AGREEMENT THIS AMENDMENT NO. 1 to the Lease by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as the "Lessor" or "City", and EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC., a Florida not for profit corporation, hereinafter referred to as "EPOCH" or "Lessee" is made this ~ day of ,2002. WITNESSETH: WHEREAS, the parties entered into a Lease and Management Agreement for the Premises known as the "Spady House Multicultural Museum Properties" on June 1, 2001; and WHEREAS, the Lease Agreement provided that Lessee shall have insurance as set forth in Exhibit B to the Lease Agreement and pay premiums therefore in the amount and under the terms set forth in Exhibit B, which may be changed over the life of the Agreement at the sole discretion of the City; and WHEREAS, the City has been asked to modify the insurance requirements as contained in Exhibit B; and WHEREAS, the Lease Agreement provides that all modificiations shall be in writing. NOW, THEREFORE, the Parties agree to the covenants provided for herein and acknowledge that adequate consideration has been given. 1. Recitals. The above recitals are incorporated as if fully set forth herein. 2. Amended Exhibit B. Exhibit B, "Insurance" is hereby modified as set forth in Attachment 1 to this Agreement and in addition to being an attachment to this Agreement, shall be inserted in the odginal Agreement in substitution for Appendix B - Insurance, as contained in and attached to the June 1, 2001 Agreement. 3. All other terms and conditions not in express conflict herewith remain in full force and effect and are binding on parties. Done and Ordered, this day of ATTEST: By: City Clerk Approved as to form and legal sufficiency: By: City Attorney WITNESSES: Signature Name printed or typed Signature Name printed or typed STATE OF COUNTY OF ,2002. CITY OF DELRAY BEACH, FLORIDA By: Mayor EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. By: Name printed or typed (SEAL) The foregoing instrument was acknowledged before me this , 2002, by day of , as corporation. (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced as identification. Signature of Notary Public - State of Florida Name Typed, Printed or Stamped APPENDIX B - INSURANCE A. General Liability Insurance: Lessee shall maintain general liability insurance in coverage limits of no less than one million ($1,000,000.00) combined single limit for bodily injury and property damage liability. B. Property Insurance: The Lessor shall maintain property insurance for the perils of all risk in an amount equal to the replacement value of the buildings. Lessee shall maintain property insurance for the perils of all risk in an amount equal to the replacement value of the contents of the building. C. Worker's Compensation Insurance: The Lessee shall maintain Worker's Compensation in an amount equal to the statutory limits of employers liability, if required by law. D. Automobile Liability Insurance: Lessee shall maintain owned, non- owned or hired automobile liability insurance in the amount of $100,000.00 per person, $300,000.00 per occurrence for bodily injury, and $50,000.00 for property damage. E. Professional Liability Insurance: Lessee shall require all design professionals engaged in restorations and/or renovation of the property to have professional liability insurance in an amount acceptable to the Lessor. APPENDIX "A" Lots 5 and 6 and the North 26.25 feet of Lot 7, Melvin Burds Subdivision of the North half of Block 19, shown on the Map of Town of Linton (now Delray Beach), according to the map or plat thereof as recorded in Plat Book 11, Page 73 of the Public Records of Palm Beach County, Florida. Together with The South 12 feet of Lot 7 and all of Lot 8, Melvin Burds Subdivision of the North half of Block 19, shown on the map of Town of Linton (now Delray Beach), according to the map or plat thereof as recorded in Plat Book 11, Page 73 of the Public Records of Palm Beach County, Florida. Both of the parcels described above are subject to: Easements, reservations and restrictions of record and all zoning ordinances and regulations imposed by governmental authorities. 4 [ITYOELRflY BER[H DELRAY BEACH AII-AmedcaCity TO: David T. Harden 1993 20 01 City Manager 100 N W. 1st AVENUE MKI ORANDUI I FROM: Robert A. Barcinski Assistant City Manager DELRAY BEACH, FLORIDA 33444 561/243-7000 DATE: October 8, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING OCTOBER 15~ 2002 SPECIAL EVENT APPROVAL - SKATE THE SUNSHINE STATE ACTION City Commission is requested to endorse an event called Skate the Sunshine State which will pass through Delray Beach on Sunday, November 10, 2002 to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of Anchor Park as a pit stop area, and to approve staff assistance for escorting the skaters through town and trash pick up. BACKGROUND This event begins November 9th in Miami Beach and will pass through Delray Beach on November 10t~ on the way to Palm Beach. A detailed event profile is attached. The event manager Style Ventures, Inc. is asking for use of Anchor Park as a pit stop and is requesting City assistance for trash pick up and police escort. We assisted in this event last year and no overtime is needed. This is not a new event. An event budget is attached. RECOMMENDATION Staff recommends approval of the temporary use permit and staff assistance for escort assistance and trash removal contingent upon the receipt of a hold harmless agreement and certificate of insurance. RAB/tas File. u. sweeney/events Doc skate the sunshine state 2002 Prtnted on Recycled Paper THE EFFORT ALWAYS MATTERS Sent By: Style Ventupes, Inc.; 305 444 8418; 0ct-1-02 15:17; Page October 1, 2002 Ms. Tracey Sweeney City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Dear Ms Sweeney: TRAVEL RECF ' ,r 0 CT O 1 2002 CiTY NIA,~L\G E R Style Ventures, Inc_ is proud to announce the second annual "Florida Skate 2002" inline skating event scheduled to take place in November of 2002 Our plan includes assuring that each participant has a memorable experience and that a considerable amount of money is raised for our selected charity - the Vanderbilt University, Tennessee, Shy Drager Research Fund. Attached, please find a copy of our event profile, a detailed route description and other pertinent information. Kindly forward a copy to the Chief of Police. Please inform me if a permit is required for the transfer through your city It would be greatly appreciated if you could provide us with a written response staling whether or not a permit is required. Sincerely, Operations Manager Style Ventures,/nc 109 Ponce de Leon BI,~I Coe~l Gables, Florida 33 I34 TcL:O0$) 444-~428 YgwO0$} 444-,~418 3'~1~ Venlnres, Inc. ix registered witlt th~ ,grate ~ Fiond~ a~ ~ Seller o! Tr~vel Seller oJ Tr~l No. 21017 Sent By: Style Ventures, Inc.; 305 444 8418; 0ct-1-02 15:1fl; Page 3/6 TRAVEL WITH Route Sunday November 10 09:00 Start at Sunrise Blvd. North on AIA to E. Atlantic Blvd. East on E. Atlantic Blvd. North on Ocean Blvd. East on N.E. [st St. (Dcerfield Bch.) North on S. Ocean Blvd. 20 mis. 10:30 Waterbreak at Anchor Park 11:00 North on Ocean Blvd.to G. Bush Blvd. East on G. Bush Blvd. to US 1 North on i IS I to Gregory Rd. East on Gregory Rd. to Flagler Dr. North on Flagler Dr. to Clematis St. 16.5 ~nls. 12:30 13:30 14:30 Lunch at Clematis St./Flagler Park No~h on Flagler Dr. to N. Fed. Hwy. North on N. Fed. ttwy. To 56th St. West on 56th St. to US 1 North on US 1 to Blue ! leron Blvd. East on Blue Heron Blvd. to hotel 5.5 mis. Arrival at Canopy Palms Hotel Style Ventures, Inc. 1109 Ponce de Leon Blvd. * Coral Gables, FI, 33134 Tel - (30.5) 444-8428 * Far. (305) 444-8418 www. travelwithstyle, com ~ ~~, Ventttres. Inc. Is regivtered and bonded wah Iht' State oJ Flor~dtt ay a Seller oj Travel # 21017 Sent By: ; 305 444 8418 ; 0ct-4-02 9:39; Page 2 TRAVEL Proposed Budget for "Florida Skate 2002" Eatimatcd Event Income Parhcipation Fees: 45 x $ 495.00 per person for co~nplete package $26,775.00 Total Income: $26,775.00 Estimated Event Expenses llotel accommodations for 5 nights Inclusive of brealdhst, lunch, and dinner Bus transportation Florida Highway Patrol (escorting thc event) Event permits Water breaks R',u. tio rental Rent-a-car Miscellaneous Comp. Roonls Charity (approximate) $10,845.00 $ 2,000.00 $ 1,600.00 $ 300.00 $ 400.00 $ 200.00 $ 400.00 $ 1,000.00 $ 1,500.00 $ 2,000 O0 Total Expenses: $ 20245.00 Sent By: Style Yentupes, Inc.; 305 444 8418; 0ct-I-02 15:1B; Page 4/6 TRAVEL "Florida Skate 2002" Event Profile "Florida Skate 2002" is a ¢rimdl¥ non-compotitive 6-day sporting event that takes a group of reline skating cnthusiasls on public roads trod highways along Flozida's east coast flora Miami The following profile pro.des &laded reformation regarding this event. Tour itinerary and dates Date ,[ Departure '[ Arrival [ Mlle~ ,5.~y~ V~nt~r.s, 1109 Ponce d~e l~on Blwt Co#,~t Gables. f'l~rida $$154 Fet:(~#$1 4~?.-S425 Fox:O#$) Ventures. lac is regislered n~h the Syat~ of Florida ~c a .Yeller ojr Tea~,eI Seller ¢f Tea~,el N~. 21017 Sent By: Styie Ventures, Inc.; 305 444 8418; 0ct-1-02 15:1g; Page 5/6 Why do we make it happen? We provide inhne skating enthusiasts w~th the oppommity to skate long distm~ces on public roads and highways m a safe onvironnamt and at the same t~me raise money for a good cause (a portion of the pmcxxxls will be donated to chanty). How do we make it happen? We obtain all necessary pormtts to utilize public roads, h~ghways, parks and other fatalities from each mdsvMual city and county that am on route_ Thc "Florida Skate 2002" event is escorted by police units, ambulances, mobde skate service stations, luggage trucks, and buses for skaters that nught need rest. Along thc way, occasional short stops are made to ease the flow of traffic. Who are the participants? An expected group of approximately 100 inline skaters from the United Stat~s and other countries will partic~pato in this endurance challenge. Thoir agos range from 18 to 70, wtth an Intermocham to advancod skill levels. Skaters will join the event by booking one- or six-day packages Daily Schedule Each skating day will begin at 9:00 am and include four skating segments of approximately 1 to 1 '/, hours There wall be short breaks for reCreshmonts after the first and third s0glmmt Lunch wdl take place alter thc second segment. The group wxll re, ach thc evening destinations between 4 and 6 p m. Following, nightly entertainment will be provided Accommodations Accommodations will be provided for all participants m local hotels. Style Venture.% 109 Pm~ce de Leon lll~tl Coral Csohte. g Florida $3134 w~n,,. Trm,tl Wid~.¥1~ corn ~ ~ ~tde ~ Yntswes, Ina ss registered with the A¥~te o]lrl, srid~ a~ a Seller ts] Travel ,geller of Travel N,,- 21017 Sent By: Style Ventures~ Inc.; 305 444 fl418; 0ct-1-02 15:19; Page 6/6 Promoting "Florida Skate 40OK" The following is a list of protnotional a~ttvities through which we will introduce and advertise "Flodda Skate 2002"- We will work in c~mjunction with local C&VB's (Convention and Visitom Bureaus) as well as wffh VISIT FLORIDA, and benefit from the many resources thes~ organizations can provide · We will notif3~ all inlin¢ skating clubs, associations and skating and fitlless magazines in the United States m order to reach their member~ and subscribers_ These pubfication$ are sources that reline skaters depend on to learn about upcoming events. * "Florida Skate 2002" advecusing materials wtll be crea1~d and distributed throughout Florida clues, reline skating shops, clubs and events * information about "Florida Skate 2002" will be available on the mtemet at its own webslte. · Local radio, televiskm and newspapers wdl inform the public of the upcoming event and its .~ponsora Exposure "Florida Skate 2002" will be c~vered by national and imemational media International travelers, who make up a larg~ part of the tourist population m Florida, will learn about destmatmn~ along the east ooast fl~at may be u~d~own to th~nn. During the evemt, exLra business wdl be generated for hotels, re~"taurants and others along the eastern coastline. Event spcalsors wdi have the opportun~y to showcase their products locally and internationally Additionally, "Florida Skate 2002" will reinforce Florida's existing unage as a warm and welcoming vacation de,tint,on Who is organizing the event? Style Ventures, lnc is a tour and destinataon management company that was founded m 1994 by Mark A. Funnen_ This Miami based travel company offers a vanity of services including inchvidual and group travel, incentives and events. Style Ventures, lnc is well known fm its rehability and excellence within the travel field and receives a remarkable number of personal recxnnmendatlons from thc companJe~ and individuals who use ~ts r~rvice~. Th~s outstanding '%void of mouth" advertising from salasfied customers has be~n the key to its growtix and continuing success_ 1109 Pon~e de Leon Bi~ Cortd Gsd~e$, Florida 33134 #,ww. Trnvel Wit&gtyle. eom Inc. is registered witk ~e ,grate oJ Florida at~ ~ .Yeller of Tt m~el Seil~ o[-7~a~d No. 21017 Sent By: Style Ventures, ];no.; G05 444 8418; 0ot-1-02 15:17; 0eT-01-2002 TOE 10:46 fill ,r t. l c OF LIABILITY INSURANCE ~ ~ OO-'~C~-R (RD0) Rodes-Roper ,insurance Agency ~S8 N. Harbor C~ty B~vd. ~elbou~ne. FL 32935 ~109 PONC~ DE L~ON BLVD. Page 2 ? O2 OA~ ~ IMM)DD/YYJ IO/OZ/ZOOZ FAX (~2 [) 7 5 7-G[8 ~ -- -- t '~(Hl$ CERTIFICATE [-~ ISSUED AS A MA~ER OF INFORMATION ONLY AND CONFER~ NO RIGHTS UPON THE CERTIFICATE HOL~ER. TH~ CERTIFICATE DOES NOT AMEND, EXTEND OR AL~ER THE corE.GE AFFORDED BY THE POLICIES B~LOW 1N~URE--R ~d LNSU~eJq E IN~URERS AFFORDING COVERAGE RL~ insurance C~ompany ~vE~G~S T~E POLICtEE; OF INSURANCE LIST~D BELOW I~VE BEEN ISSUED TO ~E IN~URE0 NAMED ~0~ FOR THE POLicY PERIOD IND~ATE0 NO~tTHSTANOlNG ANy REQUIREM~N ~, TERM OR COND~ION OF ANY C~NT~CT OR 0~HER DOCUMEN~ W~TH RESPECT TO ~JCH 7HI~ CERTIFICATE ~Y BE tSSUED 0R ~Y pERTAfN. THE INSU~NC[ AFFORDED BY THE P~IES DESCRIBED H~REIN ? ~UBJECT [O ALL 7HE ~RMS, EXCLUSION5 AND CONDITIONS OF SUCH ~.~v,.e~ CGLO000002-O[ %O/O7/20OZ ZO/O//ZOOZ E~C.~CU.~.C~ ~ ~OO~l GEN'L aGGREGATE L~IT ~PLIE~ PER ~U3OB~BIL; LIA~LIW ANY AUTO L OWNED AUY0~ ~CH[OULED AUTOS ~RED AuTOs NON-OWNED AOTO5 G~J~GI[ LIA#IL] 1V --1 ~ RETI;N liON PRO~CT~-COMP~PAG~ $ ~NCL COMBINED SidLE LIMIT AUTO ONLY - ~A ACCIDENT O~n ~N EA ACC DE~C n~)Tl~]N OF OPl[m,.~ flON~/LOCATION~u~/EHICLESn~XCLL/~ON5 AI~)ED ~ ~RSEM ENT~P~C~L :FRI'EFZCATE HOLDER [5 ZNCLUDED AS ~D~Z~AL ZNSUREO WZTH RLSPE~5 TO THE OPE~T[~S )F FHE NAMED iNSURED. CiTY OF DELRAY BEACH IOU N.W. 15T AVENU~ D£LRAY BEACH, FL 33~4~ ACORD .~5-$ CANCEl LAlrlON $1~OULD ANY' OF THE ABOVE DE~CFIIU'[,O POLICJi?I hE ~CELLEO pEFQRE THE Wi 11 i am Love/CKS ~ ~[COEO CORPO~TIO~ i gS8 [ITYD [RI:I¥ DELRAY BEACH NI-AmeficaCity 1993 2001 FROM: M~6.w lstAVENUE RANDUM David T. Harden, City Manager obertA. Barcinski, Assistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: October 8, 2002 SUBJECT: AGENDA ITEM REGULAR CITY COMMISSION MEETING OCTOBER 15, 2002 SPECIAL EVENT REQUEST - 3m~ ANNUAL DELRAY BEACH THANKSGIVING ART FAIR ACTION City Commission is requested to endorse the 3ra Annual Delray Beach Thanksgiving Art Fair to be held on November 30th through December 1st from 10:00 a.m. until 5:00 p.m. to grant a temporary use permit per LDR Section 2.3.6(H) for the use of NE 2na Avenue, from the alley just north of Atlantic to NE 4th Street, and to authorize staff support for traffic control and security. BACKGROUND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture. The City is requested to provide police traffic control and security for this event. The event sponsor will provide vendor approval, site clean up, port-o-lets, barricading, and nighttime security. Police will be paid at the overtime rate. Barricades will be provided and set up by the sponsor. The estimated cost for police overtime is $1,200. The budget for this event, a hold harmless agreement are attached and certificate of insurance are attached. We also have the Christmas Tree Lighting ceremony and entertainment the night of November 29th. 561/243-7000 RECOMMKNDATION Staff recommends endorsement of the event, approval of the temporary use permit and approval of staff support for police traffic control and security with the sponsor paying all overtime costs. RAB/tas cc: Lt. Geoff Williams FiI¢:U · S WEENEY/EVENTS Doc.Howard Alan Thanksgiving 2002 Prlnted on t~ecyc/ed Pape, THE EFFORT ALWAYS MATTERS September 20, 2002 Mr. Robert Barcinski Assistant City Manager City of Delray 100 NWIst Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: We are planning for the Downtown Delray Thanksgiving Weekend Art Festival, to be held November 30 - December 1, 2002 on NE 2nd Avenue from NE 1st Street to NE 4th Street in Pineapple Grove. Please be advised that the following logistics for the Downtown Delray Thanksgiving Weekend Art Festival will be arranged: Clearance: A 14' clearance for emergency traffic will be provided throughout the entire show area. Street Closure: Bob's Barricades will drop off barricades on Friday, November 29, 2002, and our employees will set them up early Saturday morning as follows: 12 barricades just past the alley 10 barricades on the corner of NE 2nd Avenue and NE 1st Street 14 barricades on the comer of NE 2nd Avenue and NE 2nd Street 14 barricades on the corner of NE 2"d Avenue and NE 3rd Street 5 barricades at the crosswalk between NE 3rd Street and NE 4th Street on the west side by Publix Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday with 2 officers for daytime security, and Accurate Event Services will provide 2 overnight security officers on Saturday from 6:00 pm - 6:00 am. Port-O-Lets and Dumpster: 3 regular and 1 handicap portolets have been ordered through Anderson Rentals and will be dropped off on Friday, November 29, 2002 and will be picked up on Monday, December 2, 2002, with servicing on Sunday, December 1, 2002. They will be placed in the parking lot of the deserted Publix. 9695 W. Broward Blvd. Plantation, FL 33324 (954)' 472-3755 ~ Fax (954) 472-3891 www. ARTFESTIVAL.com A 20-yard rolloff dumpster is ordered from BFI will be placed in the deserted Publix parking lot. It will be dropped off on Friday and picked up on Monday as well. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at the vacant Publix parking lot. Insurance: City required certificates will be issued. If you have any questions, please feel free to call me at (954) 472-3755. Sincerely/~ Howard Alan, President Howard Alan Events, Ltd. 9695 W. Bmward Blvd. Plantation, FL 33324 (954) 472-3755 ~ Fax (954) 472-3891 www.ARTFESTIVAL.com ~Y-22-2001 TUE 11:20 AM OITY. MGR. DELRAY. BCH P. 02 HOLD HARMLF~S AGREEMIgNT TI-IlS HOLD HARMLESS AGREEMENT, is entered iq. to this .~%ay of ~~~, 200._'b"by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation ~ (hereinafter SPONSOR"). refen'ed to as "CITY") and .y (hereinafter referred to as "EVENT ; WIT, NESSETH: WHEREAS, EVENT SPONSOR (hereinafter referred to as ~h¢ "Event"); and seeks to hold a special event known as WHEREAS, the E~ent will be held within the City limits of D¢lray Beach; and WHEREAS, the City Commission has determined that such an Event promotes the public's health, safety and welfare. NOW, TttEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Indemnification. EVENT' SPONSOR, for good and valuable consideration, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT SPONSOR, its agents, em'ploye~s, assigns or contractors, in relation to the Event. M~Y-22-2001TU£ 11:21 AM OITY. MGR. DELR~Y. BOH P. OB 3. Insurance. EVENT SPONSOR shall obtain insurance covering the Evemt in the mounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. 4. GovernhlII laws; venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisiom of this agreement ~hall be brought in the State or Nederal courts located in Palm Beach County, Fl6rida. 5. Binding EffeCt., All of the terms and provisions of this Agreement shall be binding upon, inure to the bermfit of, and l~e enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 6. E. ntire Agreement. This Agreement shall constitute the entire agreement of tlm parties with respect to the subject matter of it. All prior understandings and agreements betweeri the parties with respect to such matters are m~rged into this Agreement, which alone fully and cornl~letely expresses their understanding. '7. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, eicept by a further agreement in writing duly executed by each of the parties hereto. 8. Third Parties. Nothh!g in tbi. s Agree. ment, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their resp~cti.ve heirs, successors, legal representatives, and permitted .assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to .this Agreement, nor shall any provision thereof give any third person any' right of subrogation or action over or · against any party to r_his Agreement. 2 M~V-22-2001TUE 11:21 CITY, MGR, DELRAY, BOH P. 04 IN WITNESS WHEREOF, the parties hereto ha,ye entered into this agreement the da), and year first written above. _ ATTBST: City Cl~k Approved as to Form: CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation By: David Sctunidt, Mayor City Attorney (Print or Type Name) STATE OF FLORIDA COU'I~TY OF ~ The foregoing instrument was achtowledged before, me this ~c~-day of C~~~., , 20q_~by ~,~ ~0A' ~ ~~ (n~e of officer or agent, fifl~ of o~per or agent) of 5~-~ ~~ '¢i~ (ra~e~f. co~orafion ac~owkdging), a. /~9 ~ ~ (sram or place of ~o~oration) ~orahon, on behalf of ~ co~orafion. He/She h p~rso~lly ~wn to me or has produ~d (~e of ,den~eaflon) ~nfification and did (~d noO t~e ~ig~a~e of ~tgY ~blic- Sram ~f Florida H~d h~'mless EVENT MRY-22-2001 TUE 11:21 CITY,~GR. DELRAY, BOH EXHIBIT A Initials INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH EVENT SPONSOR shall not commence operations under the te~ms of this Agreement - until certification or proof of insurance, detailing Terms and provisions of coverage, has been received and approved by the City of Delray Beach' Pdsk Manager. If you have any questions call (561) 243-7l 50. The following insurance coverage shall be required. A. Worker's Compensation Insurance, as re. quimd by law, covering all emplo~,~es and providing benefits as set forth in Chapter 440, Florida Statutes and includ~g Employers Liability coverag.e, regardless of the size of your firm. EVENT SPONSOR further agrees to be responsible for employment, control and conduct of its employees and for any inju, ry s .ustained by such employees iu the course and scope of their employment. B. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury,, and .i.f.items are sold, products and/or liquor liability, in connection with the contra, cna.a! .relationship and activifias being done under this agreement. The policy will be.eud~orscd_to inglu_c~e_!he City. _of_De!ray Beach and it's designees named as additional in~ureds. The ihsurancc will be wr, itte..n .on. an occurrence basis {vith the limits of liability not less than $1,000,000.00 combined single limit per occun'ence, and as an annual aggregate, coveri.ng.b.o, di!y-injury, property damage and personal injury. · ',.;~ ,- ~". ', C. Motor Vehicle Lia~ili~t In.s.uraiace covering all vehicles associated wi~ the Licensee's operations to includ.e a.l.1 owned, non-owned and hired vehicles. · ,',,o- ,,,. The coverage will b.c...~.,itt'en bn'an occurrence basis with l/mits of liability not less than $1,000,000.00 combined single limi. t per each occurrence. · ' I ,,.,~.','.'...: . D, The certification ~r.p,roo.f. of ifis..urance must contain a provision for notifichtion to the City thirty '(~0) day~ in a'~,ance of any material change in coverage, non- renewal or cancellation..'.... ,:, .: EVENT SPONSOR shall furnish i~"~'ti~ ..CiiY, Certificate(s) of Insurance evidencing insurance required by thc provisions set forth above, days prior to. thc holding of the event, If so requested b.y.,.th, e C.i.ty, certified copies of insurance policies will be provided by EVENT SPONSOR... c,:;. If any of the above coverage's'".e~/i~ire during the term of ~his agreement, EVENT. SPONSOR will provide a renewal c.e, rti$.cate at least ten (10) days prior to expiration. Mail to: Cit~ of Delray Beach, Attn. iRis'k'~an'ager, ~00 N,W. 1" Avenue, Delray Beacll, Florid, 33444 with a copy to Assistant City ~nnager, '10O N,W. 1"~ Avenue, Delray Beach, Florida 33444 Sp Event FORM;agt ' '., -...,L,,'. '.. Insuran~ pmv ;.;,..~ :~ '. ~ · . CERTIFICATE OF INSURANCE 0833852 8130102 PRODUCER K & K Insurance Group, Inc. 1712 Magnavox Way P.O. Box 2338 Fort Wayne, In 46801 INSURED HOWARD ~ EVENTS LTD & AMERICAN CPJ%FT ENDEAVORS, INC. & H&D EQUITIES, INC. 9695 W BROWARD BLVD PLANTATION, FL 33324 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER GREAT AMERICAN ASSURANCE COMPA COMPANY LETTER COMPANY C LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 3OLICY EFFECTIVE ,POMCY EXPIRATION TYPE OF INSURANCE POLICY NUMBER ;)ATE (MM/DD/Y~ 'DATE (IVlWDD~0 LIMITS 0n thousands) General Aggregate General Liability [] Commercial General Liabil~ [] Claims Made ~-~Occur. [] Owner's & contractors Prof. Automobile Liability [] Any auto All owned autos Scheduled autos [] Hired autca Non-owned autos Garage Liability Excess Liability [] STRAIGHT EXCS [] Other than Umbrella form Workers' Compensation and Employers' Liability Participant Accident PAC0788942200 PAC0788942200 EXC0788942300 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS 12: 0 lDO4 3/05/02 12:01A~4 3/05/02 12:01AM 3/05/02 12: 01AM 3/05/03 12:01AM 3/05/03 12:01~M 3/05/03 Products-Comp/Ope Aggregate Personal & Advertising Injury Each Occurrence Fire Damage (Any one fire) Medical Expense (Any one person) Partimpant Legal Liability Combined Single L~mit Bodily Injury (per person) Bodily Injury {per accident) Property Damage $ 1000 Each Occurrence $ 1000 $ NONE $ 5000 $ 1000 $ 1000 $ 30__0 $ 5 $ Nih Aggregate 1000 Statutory $ Each Accident $ Disease-Policy Limit $ Disease-Each Employee AD&D $ Primary Medical $ Excess Medical $ Weekly Inde, mnity $ X CERT HOLDER LISTED IS AN ADDITIONAL INSURED, WITH RESPECT TO LIABILITY ARISING FROM THE ACTIVITIES OR OPERATIONS OF THE NA~4ED INSURED FOR THE 11/30-12/1/02 3RD A1VN.DOWNTOWN DELRA¥ THANKSGIVING WEEKEND ART FESTIVAL ON FILE WITH THE CO. CERTIFICATE HOLDER CANCELLATION SL39 CITY OF DELRAY 100 N.W.1ST AVENUE DELRAY BEACH, FL 33444 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 .,. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. To~ From: Date: David T. Harden, City Manager Susan Ruby, City Attorney M. Sa~nance Director Joseph October 9, 2002 Subject: Carolina Cabana Delinquent Payments Agreement On July 2, 2002 the City Commission discussed proposed changes in the cabana franchise agreement with Carolina Cabana LLC. The City Commission decided (1) to terminate the agreement with Carolina Cabana, (2) to re-bid the cabana franchise, and (3) to allow staff to renegotiate a solution to the past due payments and the payments for the remainder of the contract subject to the starting date of the new franchisee agreement with the City. As directed by the City Commission, the cabana franchise agreement was re-bid and a new franchisee was selected effective October 10, 2002. Correspondence was sent to Mr. John Thomas advising Carolina Cabana of this change. The Director of Parks & Recreation and the Finance Director conducted a conference call with Mr Jon Thomas of Carolina Cabana on July 8, 2002 to negotiate a settlement agreement for the past due payments. The total amount due under the original agreement ($3,570 per month with sales tax of $214.20 per month) would be $26,275.20. The negotiated final closeout settlement recommended to the City Manager, in correspondence dated July 9th, is as follows: · Franchise fee of $1,000 per month for 3 months in arrears at July 1, 2002 or $3,000 plus sales tax of $180 or $3,180 · Franchise fee of $1,800 per month for 3 months remaining on contract from July 1, 2002 until October 1, 2002 or $5,400 plus sales tax of $324 or $5,724 · Total Amount Due of $8,904 It should be noted that the City has not received any payment on this contract since June 14, 2002. The City should probably stipulate that if the payment is not received within 30 days of notification that the original agreement terms will be enforced. We would appreciate it if this item could be submitted to the City Commission on October 15th for their consideration. Cc~ Joseph Weldon, Parks & Recreation Director Milena Walinski, Assistant Finance Director AGENDA ITEM NUMBER: AGENDA REQUEST Date: 10-09-02 Request to be placed on: X Consent Agenda Special Agenda Workshop Agenda When: 10-15-02 Description of agenda item: (1) Approve the negotiated final closeout settlement between the City and Carolina Cabana for past due payments as follows: (a) Franchise Fee of $1,000 per month for 3 months in arrears at 07-01-02, plus sales tax, for a total due of $3,180. (b) Franchise Fee of $1,800 per month for 3 months remaining on contract from 07-01-02 to 10- 01-02, plus sales tax, for a total due of $5,724. (c) TOTAL AMOUNT OF PAST PAYMENTS DUE FROM CAROLINA CABANA IS $8,904 (2) Approve payment to be made by Carolina Cabana for these past due payments within 30 days of nobfication or the terms of the original agreement will be enforced. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO Recommendation: Approval is recommended by Finance D~rector and Parks and Recreation Director. City Attorney Review/Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: ~ Hold Until' Agenda Coordinator Review: Received. n/a "J !f~ No No [ITY OF DELRI:IY BEFIEH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct L~ne. 561/243-7091 1993 DATE: October 9, 2002 MEMORANDUM TO: FROM: City Commission ~ Brian Shut[, Assistant City Attorney SUBJECT: Agreement with BAKA Enterprises, LLC The attached agreement between the City and BAKA provides that BAKA shall put on a boxing event on December 7, 2002 at the Tennis Center. The Commission had previously approved an Agreement with BAKA, Commission meeting of August 6, 2002, to hold a boxing event at the Tennis Center on September 27, 2002, however prior to the event date, BAKA requested that the date be changed (see attached letter). At the Commission meeting of August 6, 2002, the Commission had some comments regarding future agreements concerning events such as this at the Tennis Center relating to the prepayment of certain costs incurred by the City. This Agreement has been modified to provide as follows: 2. 3. 4. 5. a nonrefundable license fee is due upon the execution of this Agreement, all City costs shall be paid 72 hours prior to the start of the Event, except for police & fire personnel expenses, payment of % of the estimated amount for police/fire personnel expenses due 72 hours prior to start of the Event security deposit language was expanded to provide that it could be used for any expense or fee incurred by or due to the City, date change to December 7, 2002. By copy of this memo to David Harden, our office requests that this item be placed on the October 15, 2002 City Commission agenda. Please call if you have any questions. Attachment Tampa, Blvd., ~u,e ;.,,'~:)1 -E rids 3,3~)17 ot'ty B~an ~hutt ity Attorney's O~Tme 0 ~ Is! Avenue ~Delray gm~v.:h. Florida 33444 Dear Enterprrse~ of Florkia. I_LC PO Box §560 i={ork31a 33508-6550 (BOO) 877-9225 2O02 ~ This letter is to request a uew event date fiat BAKA .Enterprises of F. lorid~ LLC ~present'the. ~~ boxing c~d On December 7, 2002 inste~ of the ~evious ~te, of S~mber ~Sffi. We first would like to ~otog~e for having to m~e this request. HO~; ~e re~s~ khe n~d :o ~s~one our' ~ent ~e primely bas~, upon Ihe d~s~y in {he .~'/C~le e had be~ gtvena late June m~tion by v~bai commi~ent ~m ~e ESPN / Fox S~s evising ach~ul~s ~at they h~ an o~ d~e for Sept~r 28th ~ C~mber, 5~ Whch ould he m~tifled, in ltfly of our e~a~ date ofavaila~li~. ~e offic/~ ~ ~ ugust 2(~. (~r inability m get [my respon~ or consistent infbmafion t?om A~b'ia C~{e long with"~e ~t p~gh~e by Time/W~er Cable of some select "C~em~t' C~}e"ass~s md ~BO / Spm~ h~s '~t~ sev~e chmges in ~e s~m telec~ mdus~ m ~e i~t incl~ing theb~my of yo~ primal. 1~ cable pmvi~r - Adel~i~, S race s~ cb~nel ~v~isit]g adds signi,ficantly to the ~~ss' of a boxing e~nt. the ~romt~on is ~eatly euhanced by its exist~ce, ~e to ~e ne~ for om' sponsors to trove on~aets m place,bofr~e c~ing to our even~ we ~ve decid~ to produce ~c event through ~e~" ~ t'Cable Prov~ i~c~iately a~ 'D~m~r 7. 2~)2. Fo our (BA~'s) mis~fl~ne, the w~ther pa~em tbr all of S~t~er ~f ~.ly ~wb~ looks, to-be qmte w~. On May 25th at D~I at D~y I (a historic ni~t2, we h~-~ e~el[~t evening ~ only ~he slightest of'rain. The p~nt w~R~ h~s b~n ~9'~ ve~ h~w rmn,f~t m :he ev~ta~gs:iug~,Of the ~1 middy sho~ rm~ll,. The p~em has '~a for s~afly rmn '~om ~ppmx.. 5, PM through m e~ly nightt~}. This is unusual ~d seems to be.~d~g ism the immediate ~t~. '~acrefore, we f~c} that our omdo~ event nee~ to be',move~ ~t, e~on. We ho~e ~at you agee. we alt will have t6 t~e into ~count st~ng in O~ob~ ~d ~at,is "te~on~ insu~me." It may be~me an element of co.cern to tm ~i ~ ~ [o~ m~e about its reqm~ts m ~c 'ne~ ~mre. In spire of ~ese c~mst~ceg we ~e excited ,md looking fo~ to pt~mmg D~l at 08/30/02 FRI 11:58 [TX/RX NO 5314] Delray [I on-'S~b.tt, d~y,December ?, 2002. It is our strategic plan to pm~eOv~ 3 Weeks ot~io, ~, cabl~; ~, n~wsp~or, flyem, ~ poster adv~ising ie~ing up to ',~e ~l~ boxing night. ~e w/it be a reduc~n o~he,gene~l ~ission ticket prices m ~'t5 ~d the ~gsi~ tick~s,'to $100 - $"} 5~, We have ~so pm~ ~m o~ ~im~ sponmm ~v~-~~t~ m r~ir SUp~ in,our bomn~ wc~ ~d, We ~ ap~i~ your reticle ~' the ~en~ion of ~uel a~ Dclray II" at ~c Dokay ~i~ of histv~'~ we alt c~ ~y. We would tike to also ~h~ ~erso~. ~a~i~tor~ who ~e~d ~c p~vious ev~t ~d' hel~ '~utd~r b~g c~ of uniq~l~ seven fi~ts in Delray l~a PS. [f ~ ~u,~ 1~. ~r me to come a~d ~d~ss ~y q~stions, il 3-654-~73 'I 08/30/02 FRI 11:58 [TX/RX NO 53141 LICENSE AGREEMENT THIS AGREEMENT made this __ day of ,200_ by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and BAKA ENTERPRISES, LLC., (hereinafter referred to as "Licensee"). WITNESSETH: WHEREAS, City owns and controls certain land upon which is located the Delray Beach Municipal Tennis Center. and hereinafter called "Tennis Center"; and WHEREAS, this Event is sanctioned by the State of Florida Athletic Commission; and WHEREAS, City. has determined that it is in the public interest to enter into an agreement with Licensee for the event at the Tennis Center. NOW, THEREFORE, it is mutually agreed as follows: 1. License/Term. (a) Licensee has presented to the City that it would like to use the Tennis Stadium and accessways thereto (Tennis Center) for the sole purpose of presenting the event known as "Duel at Delray II" (hereinafter referred to as the Event). (b) The License shall be for the exclusive use of the Tennis Center from 4:00 p.m. on December 6, 2002 until 12:01 p.m. on December 8, 2002 for the event beginning on December 7, 2002 at 6:00 p.m. and ending on December 7, 2002 at 11:00 p.m. Licensee shall be allowed to set up on December 6, 2002 after 9:00 a.m. and shall remove all equipment and vacate the premises by December 9, 2002 at 6:00 p.m. Licensee shall have the exclusive use of the City of Delray Beach Community Center Gymnasium, located at 50 N.W. 1st Avenue, Delray Beach, FL, on December 7 from 12:00 p.m. until 11:00 p.m. at which time Licensee shall remove all equipment and vacate the premises. (c) In the event that Licensee is unable to hold the Event on the date provided above due to inclement weather, the City and Licensee shall then mutually agree on another date for the Event. 2. Purpose. The parties agree that Licensee shall promote and produce the Event in a manner which complies with community standards and appeals to the interest of the general public, and use its best efforts to promote this Event at the Tennis Center. Licensee, at its sole cost and expense, shall provide management and personnel experienced in the promotion and production of the Event and for the purpose of supervising and directing Licensee's obligations under this agreement. 3. Licensee's Rights for the Event. Licensee shall have authority, subject to the provisions and limitations set forth in this agreement, to enter into contracts or agreements to put on the Event. All such contracts shall be negotiated and executed by Licensee in its name and shall not be contracts and obligations of City. All contracts entered into by Licensee shall specifically contain language which provides that City is not a party to such agreement and is not obligated in any manner by any of the terms therein. The Licensee's rights are subject to the rights and limitations and obligations that currently exist between the City and Coca-Cola of Florida. 4. Facilities and Services Provided bv City. Unless otherwise herein specified, City shall be responsible for, or agrees to provide, the following facilities and production assistance in connection with the conduct of and staging of the Event: (a) (b) (c) (d) (e) (f) (g) (h) (i) use of a stadium court; television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Event; a public address system; parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers. (Licensee to implement, manage and staff parking, including reserved areas); all electrical, water and sewer utilities and one on-site electrician (all costs and expenses are Licensee's responsibility) for the duration of the Event (hook-ups not included); adequate space for and operation of concessions, retail booths, etc. (Licensee shall place and operate the concessions and retain all revenues from its concessions and retail booths); restroom facilities and supplies; the use of areas for celebrities, press, press interview, volunteers, officials, ticket office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas should include tables, chairs, furniture and air conditioning, as mutually agreed; on and off-site directional signage; (~) (1) (m) (n) (o) (p) (q) all necessary permits; mutually agreed upon marketing support of the Event; access to utilities to include but not be limited to water/sewer, electric/lighting; reasonable use of the locker room at the Community Center; reasonable use of the gymnasium at the Community Center; maintenance personnel to maintain and clean the restrooms as well as garbage pickup during and post event (Licensee shall be responsible for cost of personnel); personnel to assist with issues involving the Tennis Center during the Event (Licensee shall be responsible for cost of personnel); garbage dumpsters (Licensee shall be responsible for cost of dumpsters). 5. Staging and Production of the Event. The organization, staging, and conduct of the Event will be the responsibility of the Licensee, which responsibilities shall include the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) handling ticket and box office sales; Obtaining an Event Director, all personnel involved in the Event, and the Event participants; Administering the entire Event; Setting up each Event on-site and handling all activities of the Event, including set up and tear down of the boxing ring, and lighting and sound systems; Soliciting sponsorship sales and television rights sales for the Event; Handling promotions, advertising, sales, public relations, and program production for the Event; Liaising with the charity beneficiaries selected by Licensee for the Event; Licensee is responsible for the cost of covering courts as set forth in Paragraph 7 if VIP tents are to be set up or if needed to cover courts used for contents; Licensee shall pay for all expenses relating to phone usage by Licensee, including, but not limited to, hook-up, dial tone, and usage charges; (j) Licensee shall handle and be responsible for all security measures concerning the Event, including but not limited to. the box office and ticket sales. 6. Ticketmaster. (a) City, or its designee, shall permit the use of the box office services on December 7, 2002 from 9:00 a.m. until 11:00 p.m. and one (1) Ticketmaster ticketing machine. The City has entered into an exclusive agreement with Ticketmaster-Florida, Inc. which provides that all tickets must be purchased through Ticketmaster. Furthermore, nothing in this Agreement shall be contrary to any provision in the agreement between the City and Ticketmaster-Florida, if it is determined by a court of competent jurisdiction that any provision of this Agreement is contrary to any provision of the agreement between the City and Ticketmaster-Florida, then the provisions found in the agreement between the City and Ticketmaster-Florida shall govern. (b) In full payment for the ticket services, Licensee agrees to City imposing a three percent (3.0%) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. Licensee agrees to the City collecting a facility charge as set forth in Exhibit "A" per ticket sold for the Event. City acknowledges that no other amounts will be charged to Licensee (other than payment of state sales tax) for ticketing for the Event. (c) City shall pay one hundred percent (100%) of all amounts due to Licensee within 48 hours after the City receives a check from Ticketmaster-Florida, Inc. If Licensee fails to hold the Event as scheduled, Licensee shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus an} additional credit card fees that may be imposed. 7. Installation of Flooring. The CITY shall provide, at Licensee's option, up to 10,000 square feet of temporary flooring for the Event. Licensee shall be responsible for paying all costs up to and not to exceed three thousand five hundred dollars (US$3,500), plus sales tax, for installation of the 10,000 square feet of flooring. The City shall be responsible for the actual installation of the floor. If more than 10,000 square feet of flooring is required by Licensee, then Licensee shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring and shall be responsible for having the flooring installed. Licensee shall be liable for damage to the courts if such court covering is in place and if the courts are damaged by persons or events that Licensee has a duty to control. 8. Independent Contractor Status. It ~s understood between the parties that the relationship of City and Licensee is that of an independent contractor. Licensee shall have no authority to employ any person as an employee or agent on behalf of the City for any purpose. Neither Licensee or any person engaging in any work relating to Licensee's rights and obligations set forth herein at the request of or with the consent (whether actual or implied) of Licensee shall be deemed an employee or agent of City, nor shall any such person represent himself to others as an employee or agent of City. Should any person indicate to Licensee or any employee or agent of Licensee, by wrJtten or oral communication to Licensee, that the person believes Licensee or an employee or agent of Licensee to be an employee or agent of City, Licensee shall use its best efforts to correct or cause its employee or agent to correct that belief. 9. Compliance with Licensing Requirements. Licensee, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with applicable federal, state, county and City requirements, laws, rules and regulations and all licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. 10. Compliance with Laws. Licensee agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. 11. Concession Rights. The Licensee has the sole and exclusive right to sell or give away food and beverages and any and all other consumables, and to control the concessions referred to above and to approve the sale or give away of the above. Licensee shall not have the right and shall not offer for sale or give away any items reserved to Coca-Cola of Florida by Agreement with the City, nor shall this license confer any rights to revenues for public or private parking, except, as provided for in Paragraph 4(d). Licensee, its agents or assigns, shall have the limited right to engage in concessions with regard to merchandise. All concessions must be approved 48 hours in advance of scheduled Event by the City or its designee. The City reserves the right to reject the sale of any and all concessions 48 hours before the Event. However, in no event shall the sale of any facsimile of any weapon, silly string, poppers or any similar item be allowed. (This provision may also be enforced by the City. Police Department). In addition, Licensee may provide temporary structures at its own expense, for the sale of concession items provided that the size. construction and location of such temporary structures shall not impede the normal and safe flow of vehicular and pedestrian traffic and shall comply with all applicable laws and regulations. In providing the merchandise concession service, Licensee or any person, firm or corporation with whom a contract for such purpose (hereinafter referred as "Concessionaire") shall comply with the following provisions provided, however, that Licensee shall remain ultimately responsible to City for all obligations required of the Concessionaire: (a) Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. (b) Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause undue litter. (c) All food, confections, beverages and refreshments, etc. sold or kept for sale shall be first class and quality, wholesome and pure, and in accordance with Department of Health requirements and shall conform to all federal, state, county and municipal laws, ordinances, rules and regulations in all respects. (d) Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to City for approval at least one week prior to installation of any items. For the purpose of this agreement. "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. (e) The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. (f) Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by City. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. (g) Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. (h) If the concession is operated by a person, firm or corporation other than Licensee, such person, firm or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage, and provide fire legal liability m the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days 6 written notice to the Risk Manager of City and shall name City, and its designee, its officers, agents and employees as additional insureds. 12 Event Personnel and Equipment. Licensee shall provide all personnel needed for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. Licensee shall be responsible for the installation or removal of any additional staging or sound and/or lighting which is to be utilized for the Event or any other equipment of any type or nature which is needed for the Event. Licensee shall designate a management representative in a timely manner who will coordinate the Event with the City and its designee. Licensee shall be responsible for the cost of all chair rentals that may be required and the cost of all staging, lighting and sound eqm?ment, except as otherwise stated in this Agreement.. Licensee shall be responsible for the cost of all repairs needed to the tennis center when repairs are not the result of normal wear and tear. Licensee and the City's designee shall perform a "walk through" before and after the Event. 13. Police~ Security and Emergency Personnel. Licensee agrees to make arrangements with the City Police Department and City's designee to provide for City police personnel which the City determines, in its sole discretion, is necessary for the Event. Licensee shall pay the officers at a rate to be determined by the City based on an analysis of the number of officers available to work the event, the number of officers required by the event and other factors within the sole discretion of the City. Licensee shall, at least thirty (30) days prior to the Event, consult with the Chief of Police or his designee and the City's designee to determine the proper scheduling of security for the Event and the rate that will be applicable for the Event. Also, Licensee shall contact the City Fire Department and the City's designee to make arrangements for Emergency Medical Service personnel to be present at the Event at Licensee's expense. 14. Cit'v's Right to Control Premises. City or its designee at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating (or to keep persons from violating) any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither the CID', its designee nor of any its officers, agents or employees shall be liable in any manner to Licensee or its officers, agents or employees for any damages which may be sustained by Licensee through the exercise of this right by City or its designee. 15. Parking~ Signage and Traffic Control. The City shall provide parking spaces on City owned or controlled property for the Event which the City in its sole discrenon determines it can make available without adversely impacting other public parking needs. Licensee shall be responsible for obtaining all additional parking that may be necessary to provide sufficient parking for the Event, including such additional parking as may be necessary in the opinion of the City, in order to ensure adequate parking is provided for the Event. City has a right to parking revenue as determined by Paragraph 4(d), if collected. Licensee may provide onsite signage upon the prior approval of the City, which approval shall not be unreasonably w~thheld. City shall provide traffic control, barricades and signs, as it deems necessary, in its sole discretion, and Licensee shall pay for the entire cost of providing such traffic control, however, this amount shall not exceed $1500.00. 16. Insurance. Licensee shall obtain insurance at its own cost and expense of the type, nature, and amount and pursuant to the terms which are set forth on Exhibit "B" which is attached hereto and incorporated herein by reference. The City and its designee shall be named additional insureds on all insurance certificates. 17. Right to Enter. City and its designee and authorized agents and employees shall have the right to enter upon the subject premises at any and all reasonable times for the purpose of inspection and observation of Licensee's operation to assure that requirements of this agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have occurred or are occurring. Said inspections may be made by persons identified to Licensee as City employees or City designees authorized for such inspection or may be made by independent contractors engaged by City or its designee. Nothing contained herein shall be deemed a waiver of Licensee's obligation to hold the Event as provided in this Agreement. 18. Conclusion of Performance. All performances shall end no later than 11:00 P.M. unless otherwise approved by the City, or its designee. 19. Alterations. Licensee shall not make any alterations, additions or improvements to the Tennis Center or any part thereof without the prior approval of City or its designee. 20. Notice of Defects. Licensee shall report safety deficiencies or any defects it notices on the premises immediately to City's Risk Manager and the City's designee and shall cooperate fully with City and its designee in the investigation of accidents incurring on the subject premises. 8 21. Indemnification. Licensee does hereby release and agree to ~ndemnify, defend, save, and hold harmless the Cit3~, ~ts designees, officers, agents and employees from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation, person, or governmental authority, whatsoever predicated upon injury or death of any person or loss over damaged property of whatsoever ownership, or copyright infringement arising out of or connected with, directly or indirectly, Licensee's operation pursuant to the terms of this agreement, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 22. Release. Licensee acknowledges and agrees that City, its designee, officers, agents and employees assume no responsibility whatsoever for any property placed in the premises provided for herein and City, its designee, officers, agents and employees are expressly released and discharged from any and all liability for any loss, injury, damage, theft, vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may sustained by Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished for the premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and dischargcs City, its designee, officers, agents and employees from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 23. Taxes. Licensee shall pay any and all taxes levied on the property by reason of Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property and improvements belonging to License located on the premises and all applicable sales, use, rental and other taxes which may be levied against its operation. 24. License[ Fees. (a) Licensee shall pay to City, upon execution of this Agreement, for the rights and privileges granted herein Three Thousand Five Hundred Dollars ($3,500.00) plus state sales tax 9 and all taxes as referenced above for the use of the Tennis Center for the Event. This payment is nonrefundable, even if the Event is cancelled or this Agreement is terminated by either party for any reason other than the City terminating this Agreement without cause. The payment shall be in the form of a cashiers check. This payment is in addition to any other fees or reimbursements of whatever nature required or provided under this Agreement. The license fees paid by Licensee to City shall be forfeited if the Event is cancelled by Licensee. The City shall reimburse the Licensee the deposited money in the instance where the City might cancel the Agreement prior to the date of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (b) Licensee shall pay to the City the costs as referred to in Sections 4(e), (o), (p), (q), 7 and 15. These costs shall not to exceed Seven Thousand Seven Hundred and Fifty Dollars ($7,750.00). Licensee shall pay these costs to the City at least 72 hours prior to the start of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (c) Licensee shall pay for all police and fire personnel provided by the City for the Event. The City shall provide an estimate of the cost to Licensee and Licensee shall pay one half of the estimated cost to the City at least 72 hours prior to the start of the Event. Licensee shall pay the remaining half of the estimated cost to the City within 48 hours of the conclusion of the Event. Within 5 business days of receiving the final bill from the City for such services Licensee shall pay any remaining balance to the CiD' or the City shall refund any amount that was paid over the final cost. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (d) Licensee shall pay the facility charge as provided in Paragraph 6(b) and set forth in Exhibit "A", within 48 hours of the conclusion of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City or obtain the facility charge funds from the deposit as provided in Paragraph 30. I0 25 Tennis Center Capacity and Complimentary Tickets. Licensee shall not admit to the Tennis Center a larger number of persons than the approved capacity it will safely accommodate. City shall receive thirty (30) admission tickets at no charge. The location of the thirty (30) ticketed seats shall be mutually agreed upon and the tickets shall be received by the City prior to the public sale date. 26. Advertising Revenue. Licensee shall be entitled to retain all advertising and sponsorship revenues generated by advertisers or sponsors of the Event promoted by Licensee at the Tennis Center; provided, however that the City and its designee, jointly with Licensee, shall have the right to approve all advertising and its location. 27. Failure to Pay. Other ~han the payments referred to in Paragraph 24 which are to be paid as provided in Paragraph 24, if Licensee neglects to make any other payments to City within ten (10) business days after the day on which the payment is due and owing, Licensee shall pay to City for such privilege, an additional charge of Twenty-Five ($25.00) Dollars per day for each day's delay in payment, retroactive to and beginning with the first day of the delinquency or the City may assess interest at 12% whichever is greater. City's right to assess the penalties for payment made later than the day upon which payment is due and to keep all deposits in the event of cancellation, shall be in addition to its right to terminate the license and its rights to seek all other damages and compensation as permitted by law, upon written notice. 28. Accounting and Right to Audit. Licensee shall provide a complete accounting of all revenues that the City has rights to receive a portion of, in conjunction with the Event, in accordance with generally accepted accounting principals, when payment is tendered to the City. City shall have the right to audit and review Licensee's financial records as they relate to or pertain to the Event. 29. Waiver of Breach. Neither the waiver by City or its designee of any breach of the Agreement, condition or provision of this Agreement or the failure of City or its designee to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered a waiver of the Agreement, condition or provision, or any subsequent breach of any Agreement, condition or provision. No provision of this Agreement may be waived except by written agreement signed by the City and Licensee. 30. Security Deposit. Licensee shall deposit with the City some form of security acceptable to the City, m its sole discretion, to cover the cost of refunding tickets for Events or 11 for payment of any other fee or charge as provided in this Agreement including, but not limited to all of the fees provided for in Paragraph 24. The security shall be a certified or cashier's check payable to City or a bond executed by a surety or sureties approved by City, naming City as principal and City as obligee, or other security acceptable to the City. Such security shall be due 30 days prior to the start of the Event. If such security is not received 30 days prior to the start of the Event, the City, in its sole discretion, may terminate this Agreement and retain all fees or charges paid to the City up to the date of termination. 31. Controlling Law. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 32. Entire Agreement. This Agreement constitutes the entire agreement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 33. Force Majeure, Strikes and Unavoidable Causes. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 34. Sublicense and Assignment. Licensee shall not sublicense the subject premises or any part thereof or allow the same to be used or occupied by any person or for any other use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of CID'. Neither this Agreement nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 35. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and 12 received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses. City: David Harden, City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Licensee: BAKA Enterprises, LLC 4815 Busch Blvd. Suite 201-E Tampa, FL 33617 Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 36. City's Name/Logo The City shall have its name/logo included in all print, radio, and television advertising created by Licensee to promote the Event. 37. Subtitles and Captions. Paragraph headings are for reference purposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. 38. City's Designee. For the purpose of this Agreement, the City's designee shall be JCD Sports Group, Inc. or its designee, unless the City notifies Licensee to the contrary. 39. This Agreement is not effective until signed by the City Manager. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor 13 _~/.,?.iL/~E S S E S: _ (Name l~in~ed or t~ped) ;55/ (Name printed or typed) Fein No. (Name printed or typed) COUNTY OF The foregoing instrument was acknowledged before me this Cl=~/a~, 200~, by ~~ ~~ ,as (nme of officer or agent, title of officer or agent), of ~AK~ ~~ ~'~. (name of co~oration ac~owledging), a ~~ ~ ' (state or place ~ inco¢oration) co~oration, on behalf of the co¢oration. He/She is ~ ~o~n to me or has produced (t e a~e of Person T~ing Ac~owledgment Name T~ed, Printed or Stmped day of 14 EXHIBIT "A" Facility Charge (Ticketmaster) Charge per ticket as follows: Ticket Price Charge $10 & under $ .50 $11 - $15 $1.00 $16 & over $1.50 15 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ t~ -REGULAR MEETING OF OCTOBER 11~, 2002 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST OCTOBER 11, 2002 This is before the Commission for approval of one (1) subsidy award to an eligible applicant/family under the Delray Beach Renaissance Program for the following property: · $25,000.00 for N.W. 1st Street This is for new construction. This subsidy brings the total to 149-homeowner assistance grants provided under the City Renaissance Program. Funding for the total amount of $25,000.00 for this subsidy award is available from 118-1924o554- 83.01 (SHIP Program). Recommend approval of the funding subsidy under Delray Beach Renaissance Program as outlined above. S'\Cay Clerk\chevelle folder\agenda memos\Renmssance Program 10 15 02 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Debra Garcia, C. D. Specialist Butler, Community Improvement Director ~ Lula October 10, 2002 Delray Beach Renaissance Program Subsidy Requests ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one (1) eligible applicant/family under the Delray Beach Renaissance Program. This subsidy brings the total to 149 homeownership assistance grants provided under the city Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. The initial agreement was extended for a term of one year in 1999 and 2000 by all partners and the City Commission. A new Memorandum of Understanding beginning October 1, 2001 through September 30, 2004 was approved by all parties and the City Commission on February 19, 2002. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATION Staff is recommending City Commission approval to fund subsidy for one (1) eligible applicant/family of the following property: New Construction xxx NW 1st Street $25,000 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67 NAME Charles Peele, Sr PROPERTY ADDRESS _xxx NW 1 st Street, Delray B each (12-43-46-17-01-004-0220) _ LEGAL DESCRIPTION: Town of DelrayN 50 FT of S 207 FT of West 135 FT ofS ½ Block Book 09061 Page 0923 % OF AREA MEDIAN HOUSEHOLD INCOME 40% FIRST MORTGAGE RATE 6.3750% LTV 78.00% NO. IN HOUSEHOLD PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT COST OF DEVELOPER'S FEE Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) Discount TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $ 21,500.00 Developer's Fee $ 3,500.00 THIRD MORTGAGE OTHER CREDITS Estimated Cash To/From Borrower (Lender i003) $ 84,700.00 $ 11,000.00 $ 3,500.00 $ 1,427.21 $ 3,284.90 $ 740.00 $ 104~652.11 $ 74,000.00 $ 25,000.00 $ 5652.11 Repubhc Bank City of Delray Beach (SHIP) :ND ST N.W. 1ST MARTIN ST. LUTHER CITY A TTORNE Y BUILDING KING dR CITY HALL FIRE STATION NO. 1 COMMUNITY CENTER TENNIS STADIUM ATLANTIC SW. 1ST II POLICE COMPLEX ST 2ND SOUTH COUNTY COURT HOUSE Ill Z i,i N E 1ST ST AVENUE S.E 1ST J~ ST. ~~I?Y OP~ B~ACtl ~ ZO.~INC D~PARTM~NT XXX NW 1ST STREET BLOCK 4, LOT 22 MONROE SUBDIVISION PCN #. 12-43-46-17-01-004-0220 -- DI(;ITAL 8.4S£ MAP SYSTEM -- MAP REF DGO02 AGENDA REQUEST Request to be placed on: x Regular Agenda ~ Special Agenda __ Workshop Agenda Consent Agenda Date: October 10, 2002 When: October 15, 2002 Description of item (who, what, where, how much): Authorization and approval to issue a subsidy to one (1) eligible applicant under the Delray Beach Renaissance Program totaling $25,000.00 Note: These applicants bring the total homeownership assistance grants provided under the Renaissance Program to date to 149. ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of one (1) subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $ 25,000.00 Account Number: 118-1924-554-83.01 Department Head Signature: ~~ -~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: E~O~ Funding Altematives: . ~fapplicable). Account No. & Descfiption:\\[~-kq'Lqf-'o6q-{~,~)~ Account Balance: City Manager Review: Approved for agenda: E~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~K27 AGENDA ITEM $$ ,,~k... -REGULAR MEETING OF OCTOBER 15, 2002 GRANT AWARD FOR HOUSING REHABILITATION CONTRA(TF OCTOBER 11, 2002 This is before the Commission to consider approval of the following housing rehabilitation contract: * $24,837.55 to South Florida Construction for 202 S.W. 9t~ Court Funding for the total amount of $24,837.55 for this grant is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation). Recommend approval of the housing rehabilitation grant award contract as outlined above. S'\Clty Clerk\chevelle folder\agenda memos\CDBG Housing Rehab Award. 10.15 02 City of Delray Beach Community Development Dtvision MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director of Community Improvement Kendra W. Graham, C.D. Administrator ~ November 9, 2002 Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE CITY COMMISSION Approval is requested for one (1) Housing Rehabdltation grant award to the lowest responsive bidder. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder, plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement' s Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's s~gnatures. Grant remplents have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and ~ndlvidual case files are available for review in the Community Development Diwsion Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an m-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to dlsquahfy unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goal of completing each rehabditatlon activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid £or one (1) Hoasing Rchablhtation project to the verified responsible low b~dder and aathoriz¢ award in the £ollow~ng amoant: Case Number Address Contractor Grant Amount 00-052 HR 202 SW 9th Cotlrt South Florida Construction $24,837.55 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2002-45 CDBG HR APPLICANT: Henry Rolle PROJECT ADDRESS: 202 SW 9tb Court DATE OF BID LETTERS: August 15, 2002 DATE OF BID OPENING: August 29, 2002 NAME OF CONTRACTORS ABISSET CORPORATION ALPHA SOUTH CONSTRUCTION CRAFTSMAN PLUS, INC. HENRY HAYWOOD KONRADY CONSTRUCTION CO., INC. HENRY HAYWOOD HORIZON ROOFING PRESTON CONSTRUCTION SOUTH FLORIDA CONSTRUCTION WRIGHT'S WAY ROOFING IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: AMOUNT OF BIDS $ No Bid $ No Bid $. $ $ $ $ 23,655.00 $. $ $. $ 21,773.00 South Florida Construction BID/CONTRACT AMOUNT: $23,655.00 bid/contract amount + 5% contingency = $24,837.75 FUNDING SOURCE: CDBG Rehabilitation Pro~ram Account No. 118-1~63-$$4-49.19 COMMENTS: AGENDA REQUEST Request to be placed on: __ Regular Agenda Special Agenda Workshop Agenda Consent Agenda Date: October 10, 2002 When: October 15, 2002 Description of item (who, what, where, how much): Case Number Address Contractor Grant Amount 00-052 CDBG HR 202 SW 9th Court South Florida Construction $24,837.55 ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of one (1) Community Development Block Grant (CDBG) Housing Rehabilitation Grant and Contract award from Account 118- 1963-554-49.19 in the total amount of $24,837.55. This grant amount includes a 5% contingency. Department Head Signature: ~ City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: (.~/NO Funding Alternatives: (ifapplic. able) ,,~. _.' Account No. & Description: \ Account Balance: ~ [~)\ City Manager Review: Approved for agenda:~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITYMANAGER ~vp/~(~ AGENDA ITEM # '~' x . REGULAR MEETING OF OCTOBER 15, 2002 CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EQUIPMENT CO., INC. October 11, 2002 This is before the City Commission to approve Change Order No. 1 in the net add mount of $100,531.81, and final payment in the amount of $183,712.37 to Chaz Equipment Co., Inc. for Seacrest Del-Ida Neighborhood Improvements Project. Funding is available from 370-3162-541-65.43 (Lake Ida Road), 334-6111-519-65.12 (N.E. 2na Avenue), 442-5178-536-63.90 (Water/Sewer/Other Improvements), and 448-5461-538-63.90 (Storm Water/Other Improvements). Recommend approval of Change Order No. 1 and final payment to Chaz Equipment Co., Inc. S:\Caty Clerk\chevelle folder\agenda memos\Fanal Payment. ChazEqmpment. 10.15 02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: DAVID T. HARDEN City Manager VICTOR MAJTEN~////~ Assistant Construction Manager www delrayesd, com SEACREST / DEL IDA NEIGHBORHOOD IMPROVEMENTS (PN 2000-001) Change Order gl/Final, Final Payment OCTOBER 8, 2002 Attached for Commission approval is an agenda request for closeout Change Order gl/Final to Chaz Equipment Co., Inc. on the Seacrest / Del Ida Neighborhood Improvements project, PN 00-001. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order #1/Final is a net add amount of $100,531.81. A request is also made for final payment in the amount of $183,712.37 to Chaz Equipment Co., Inc. A Contractor Evaluation form is attached for your review. A list of items with a brief description of each is presented below. Project Related Changes 6A. Stabilize shoulders at divided roadways. At the request of the Fire Department, roadway shoulders at intersections were stabilized to prevent Fire Rescue vehicles from sinking when tracking off pavement. 8A. Concrete Eyebrow "D" curbs at islands. This item was not reflected on the plans, yet requested by the homeowners association. 15A. Bahia Sod Removal/Replacement with Floritam. The plans indicated Bahia sod where irrigation did not exist. At homeowner requests, Bahia sod was removed and replaced with Floritam, with irrigation at owner's expense. 62. Landscape of 15 divided roadway medians and 3 round-a-bouts. Landscape plans were not a part of the bid package. As an alternative, a $35,000 Landscape Allowance was established. 63A. Miscellaneous changes requested by homeowners and/or the Homeowner's Association. 63B. George Bush Boulevard Force Main repair. Contractor furnished labor, equipment and material to remove and replace approximately 50' of deteriorating force main to accommodate project utility connection. S. ~EngAdmtn~Projectsl2OOOI2OOO-OO l lCONSTRCI~co l finalmem- l O. 15 02 doc Page 1 of 2 Non Project Related Changes A. Assist City with 12" Line Stop. Contractor responded to City request for assistance with providing equipment and labor for the installation of a line stop for work in the vicinity of the project. NE 2~a St/NE 2~a Ave (Pineapple Grove) round-a-bout curb. Curbing at round-a-bout sustained damage from vehicular traffic and needed to be reconstructed. Gardenia Street drainage outfall replacement. The drainage pipe between an existing home site and vacant property was deteriorated and in need of replacement. As the vacant property was ready to be developed, this replacement work needed to take place before building construction started. Funding is available from the following accounts: 370-3162-541-65.43 Lake Ida Road 334-6111-519-65.12 NE 2~ Ave 442-5178-536-63.90 Water/Sewer Other Improvements 448-5461-538-63.90 Storm Water/Other Improvements Total $65,149.25 $5,500.00 $16,582.56 (after budget transfer) $13,300.00 (after budget transfer) $100,531.81 cc: Richard Hasko; D~rector of ESD Randal Krejcarek; City Engineer Rafael Ballestero, Dep. Dir. of Construction C~ty Clerk's Office Agenda File 10/01/02 Project File 00-001 (A) S: ~EngAdmm ~rojects [200012000-001 ICONSTRCI~co l finalmem-I O. 15 02 doc Page 2 of 2 CHANGE NO. PROJECT TITLE: TO CONTRACTOR: CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT 1/Final PROJECT NO. 2000-001 DATE: Seacrest / Del Ida Neighborhood Improvements Chaz Equipment Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus/minus quantity adjustments and changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER 5.91% TOTAL PER CENT INCREASE TO DATE 5.91% $ 1,698,495.00 $ o.oo $ 1,698,495.00 $ 100,531.81 $ 1,799,026.81 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Inc.. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source: 370-3162-541-65343-65 ~'49:25 , 334-6111-519-65.12 ($5,5~)0.00), 442-5178-536-63.90 16,582.56 and 448-5461-538-63.90 ($13,300.00). DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: ATTEST: By: City Manager City Attorney City Clerk $ kEngAdmtnLProjectsl200012000-O01 iCONSTRCT~COIfina110 15 02 doc Seacrest / Del Ida Neighborhood Improvements PIN 2000-001 Schedule A Item ~ ,, ESL Unit Extended~ ~ i~1 ~'~Actual unit ' ~ Extended No. DESCR!PTION ....................... UNIT Quan. Price Cost M Quart. Price Cost 1 Mmntenance of Traffic L S 1 $125,000.00 $125,000 00 1 $125,000 00 $125,000 00 2 Clearing and Grubbing L S 1 $125,000.00 $125,000 00 1 $125,000 00 $125,000.00 3 1" Type S-3 Asphalt Overlay TON 440 $60.00 $26,400 00 994 $60.00 $59,640 00 4 Round-a-bouts EA 3 $26,700.00 $60,100 00 3 $26,700 00 $60,100.00 5 Paver Brick Speed Table EA 3 $3,600.00 $10,800 00 3 $3,600.00 $10,800.00 6 Divided Roadway EA 15 $19,850 00 $297,750 00 15 $19,850.00 $297,750 00 7 Asphalt Trench Repair L F. 520 $15 00 $7,800 00 804 $15.00 $12,060.00 8 Type"D" Curb L F. 210 $16 00 $3,360.00 299 $16.00 $4,764.00 9 Type "F" Curb & Gutter L F. 140 $16 00 $2,240 00 78 $16.00 $1,248.00 10 5' Concrete Sidewalk (4" thick) L F. 15,600 $13 00 $202,800 00 8,833 $13 00 $114,829 00 11 5' Concrete Sidewalk (6" thick) L F. 1,400 $14 00 $19,600.00 2,730 $14.00 $38,220.00 12 Concrete Dr~ve Apron (6" thick) S F. 45,300 $3 50 $158,550.00 40,801 $3.50 $142,803.50 13 Asphalt Drive Apron w~th Base S Y. 460 $18.00 $8,280.00 4,599 $18.00 $82,782.00 14 Pavement Marking & Signage L S 1 $5,200 00 $5,200 00 1 $5,200.00 $5,200.00 15 Swale Grading & Sodding S Y 27,000 $3 75 $101,250.00 26,999 $3.75 $101,246 25 16 8" DIP Water Ma~n L.F. 1,922 $24 50 $47,089.00 1,655 $24.50 $40,547.50 17 6" DIP Water Ma~n L.F. 1,842 $21 00 $38,682 00 2,723 $21.00 $57,183 00 18 12" DIP Force Main L F. 259 $47 00 $12,173 00 338 $47.00 $15,886 00 19 Samtary Sewer Lateral Repair EA 1 $10,500.00 $10,500 00 2 $10,500.00 $21,000 00 20 4" SCH 80 PVC irrigabon sleeve L F. 1,000 $10.00 $10,000 00 1,322 $10 00 $13,220 00 21 8" Gate Valve EA 4 $800.00 $3,200 00 4 $800.00 $3,200.00 22 6" Gate Valve EA 6 $800 00 $3,600 00 8 $800.00 $4,800 00 23 10" Plug Valve EA 1 $1,600.00 $1,600 00 1 $1,600 00 $1,600.00 24 F~re Hydrant Assembly EA 7 $1,850 00 $12,950 00 8 $1,850.00 $14,800 00 25 Relocate Exisbng Fire Hydrant EA 1 $1,500 00 $1,500.00 2 $1,500 00 $3,000 00 26 12" x 8" T.S & Valve EA 1 $4,500.00 $4,500 00 2 $4,500 00 $9,000.00 27 8" x 6" T S & Valve EA 1 $2,500.00 $2,500 00 1 $2,500 00 $2,500.00 28 6" x 6" T.S. & Valve EA 9 $2,200.00 $19,800 00 10 $2,200.00 $22,000 00 29 Connect To Ex~st~ng Water Main EA 2 $1,700 00 $3,400 00 4 $1,700 00 $6,800 00 30 F~II & Flush Assembly EA 6 $700.00 $4,200 00 6 $700.00 $4,200 00 31 Sample Point EA 9 $250.00 $2,250 00 11 $250 00 $2,750.00 32 Single Water Service EA 51 $700.00 $35,700 00 71 $700.00 $49,700.00 33 Double Water Service EA 10 $850 00 $8,500 00 29 $850 00 $24,650.00 34 Verify Existing Water Service EA 28 $300 00 $8,400 00 42 $300.00 $12,600 00 35 Connect to ExIsting Water Service F_A 28 $850 00 $23,800.00 12 $850.00 $10,200 00 36 Irrigation Water Meter with Box EA 5 $800 00 $4,000 00 5 $800.00 $4,000 00 37 Irrigation P~p~ng L.F. 3,795 $3 00 $11,385.00 6,256 $3.00 $18,768.00 38 Landscaping Irngabon System L S 1 $15,000.00 $15,000.00 1 $15,000 00 $15,000 00 39 Remove existing 2"-4" water main L.F. 7,200 $5 00 $36,000.00 2,549 $5.00 $12,745 00 40 Reconnect Rear Yard Water Service EA 55 $800 00 $44,000.00 27 $800.00 $21,600 00 41 Plug Ex. MH, Grout p~pe, New Invert L S 1 $500 00 $500 00 1 $500 00 $500.00 42 Glaucous Cassis EA 13 $207.00 $2,691 00 27 $207 00 $5,589 00 43 Silver Buttonwood EA 44 $185 00 $8,140 00 44 $185 00 $8,140.00 44 Orange Geiger Tree EA 36 $220 00 $7,920.00 50 $220 00 $11,000 00 45 Simpson Stopper EA 1 $230.00 $230.00 0 $230.00 $0 00 46 Jatropha Tree EA 3 $230.00 $690.00 M 0 $230.00 $0.00 47 Oleander Standard, White EA 1 $185.00 $185.00[] 3 $185.00 $555.00 10/9/2002 S.\EngAdmin\Prolects~2000~000-001\BUDGE~Bid Tab for Phase 2 Contract 00-001.xls 1 of 2 Seacrest / Del Ida Neighborhood Improvements PIN 2000-001 Schedule A Item EsL ' Unit , ~ Extended~ ,~ ~ ;, Actual , ' 'i Unit 'Extended NO. DESCRIPTION ' UNiT Quan. Price I Cost '' 'l~],,,Quan. Price Cost 48 Black Ironwood F..A 1 $290 00 $290 00 ~ 0 $290.00 $0 00 49 Crabwood Tree EA 1 $290 00 $290 00 ~ 0 $290.00 $0 00 50 Pitch Apple EA 8 $275.00 $2,200.00 I 11 $275.00 $3,025.00 51 Pigeon Plum EA 22 $275.00 $6,050.00! 38 $275.00 $10,450.00 52 Dahoon Holly EA 2 $220.00 $440.00 4 $220.00 $880.00 53 P~nk Tabebula EA 15 $275.00 $4,125.00 41 $275.00 $11,275.00 54 Gumbo Limbo EA 4 $230.00 $920.00 4 $230.00 $920.00 55 Royal Poinciana EA 6 $275.00 $1,650.00 17 $275.00 $4,675.00 56 Yellow Poinciana EA 1 $275.00 $275 00 I $275 00 $275.00 57 Laurel Oak EA 3 $290.00 $870.00 0 $290.00 $0.00 58 Live Oak F__A 11 $300.00 $3,300 00 17 $300 00 $5,100 00 59 Paradise Tree EA 1 $290.00 $290 00 9 $290.00 $2,610 00 60 Mahogany Tree EA 2 $285 00 $570 00 4 $285 00 $1,140 00 61 Street Tree Allowance L S. 1 $50,000.00 $50,000.00 M 0.76 $50,000 00 $37,800 00 62 Median/Roundabout Landscaping Alloy L S 1 $35,000 00 $35,000 00~ 0 $35,000 00 $0 00 63 Utility Allowance L S. 1 $12,000.00 $12,000.00 0 $12,000 00 $0 00 64 Landscape Allowance L S. 1 $20,000.00 $20,000.00 0 $20,000 00 $0 00 65 V~deo Allowance L S. 1 $1,000 00 $1,000.00 ~ 1 $1,000 00 $1,000 00 66 indemnification L.S. 1 $10.00 $10.00 ~ 1 $10.00 $10 00 Total Original Contract $1,698,495.00~ / $1,698,156 25 Prolect Related Chan.qes B 6A Stabilizes shoulders@ div rdwy EA 0 $1,000 00 $0.00 15 $1,000 00 $15,000 00 8A Eyebrow D curb @ Islands L.F 0 $25 00 $0.00 451 $25.00 $11,275.00 15A Bahia Sod Remvl/Flontam Replcd S.F. 0 $0 71 $0.00 15,600 $0 71 $11,076 00 62 Landscp 15 d~v rdwys & 3 rnd-abts LS 0 $10,733 00 $0.00 I $10,733 00 $10,733 00 63A rVhsc, addntl work per Homeowners LS 0 $17,404.00 $0 00 I $17,404 00 $17,404.00 63B George Bush Blvd Force Mn Repair LS 0 $12,250 00 $0 00 I $12,250 00 $12,250 00 $0 00 $77,738 00 Non-Pmiect Related Chan;les A ~,ssist City w/12" Linestop LS 0 $4,332 56 $0.00 I $4,332.56 $4,332 56 B NE 2nd St/NE 2nd Ave Curb LS 0 $5,500 00 $0.00 1 $5,500 00 $5,500.00 C Gardenia St drainage outfall LS 0 $13,300 00 $0 00 1 $13,300.00 $13,300 00 Total Changes $0.00 $23,132.56 Total $1,698,495.00 ~ $1,799,026.81 Original Contract $1,698,495.00 Previously Approved Changes $0.00 Contract to Date $1,698,495 00 Total Completed to Date $1,799,026.81 Change Order#1 $100,531.81 10/9/2002 S:\EngAdmln\Projects~000\2000-001\BUDGET\Bid Tab for Phase 2 Contract 00-001 xls 2 of 2 Agenda Item No. ~\"'~ AGENDA REQUEST Date: October 8, 2002 Request to be placed on: --X--Regular Agenda Special Agenda Workshop Agenda When: October 15, 2002 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #1/Final to Chaz Equipment Co., Inc. on the Seacrest / Del Ida Neighborhood Improvements project, PN 00-001. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract Change Order #1/Final is a net add ~n the amount of $100,531 81. A request is also made for final payment in the amount of $183,712.37 to Chaz Equipment Co., Inc. Funding is available from the following accounts: 370-3162-541-65.43 Lake Ida Road 334-6111-519-65.12 NE 2n~ Ave 442-5178-536-63.90 Water/Sewer Other Improv. 448-5461-538-63.90 Storm Water/Other Improv. $65,149.25 $5,500.00 $16,582.56 (after budget transfer) $13,300.00 (after budget transfer) ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation:Equipment Co., Inc. Staff recommends~~._~ award of ~~r #1/Final and Final Payment to Chaz Department head signature: - [o- ~. ~-~.,. v Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re,,qake~ on all items involving expenditure of funds): Funding available:~'ES~NO ....... Funding altematives--[if applicable): see above Account No. & Description Account Balance ,J'~,~ City Manager Review: ~.~ Approved for agenda: O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Approved/Disapproved Action: s:~...~00-001~AgReqCO1 closeout 10 15.02 [fly gl: gEI, IIY BEI:II[H DELRAY BEACH AII-AmedcaCity 1993 2001 TO: 100N W lstAVENUE DELRAYBEACH, FLORIDA 33444 MFA ORANDUM David T. Harden City Manager FROM: ~d)Robert A. Barcinski Assistant City Manager DATE: October 10, 2002 SUBJECT: Agenda Item City Commission Meeting October 15~ 2002 Agreement for Lobbying Services 561/243-7000 ACTION City Commission is requested to approve an Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. from October 1, 2002 to September 30, 2003 in the amount of $48,000. Funding is available in account number 001-1111-511-34.90. BACKGROUND Attached is a proposed Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. The amount of the agreement is the same as it has been the last several years. Services provided under this contract include providing the City lobbying assistance and representation with the Governor and Cabinet, local State Legislatures, County Commissioners and Federal officials. The lobbyist attends legislative committee meetings, regular legislative sessions, special sessions, as needed, and other meetings as required. She also interfaces with the Florida League of Cities assisting the City in coordinating its efforts with the League. In addition, the lobbyist will provide monthly reports when the legislature is not in session and every two weeks during the session. She will assist in developing the City's legislative platform and assist in identifying funding sources for projects. Ms. Daley has been the City lobbyist for 15 years. In the past, she has been instrumental in obtaining grant funding for Old School Square; and ensuring that Beach Re- nourishment legislation and funding have benefited the City. Ms. Daley has assisted in defeating legislation detrimental to the CRA and helped rewrite state statutes affecting CRA's. She has drafted legislation to expand wastewater reuse options without jeopardizing funding, assisted in obtaining grant funding for the Sandoway House, Printed on Recycled Paper THE EFFORT ALWAYS MATTERS with FPL to get turtle lights on A-l-A, and worked with the Municipal League on issues affecting cities. We have found in the past that it is beneficial to have a lobbyist based in Tallahassee, especially when committees and the legislature are in session. RECOMMENDATION Staff recommends approval of the Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. in the amount of $48,000 from October 1, 2002 to September 30, 2003. Funding is available in account number 001-1111-511-34.90. RAB/tas File : u : sweeney/agenda Doc: daley 02-03 Kathleen E. Daley & Associates, Inc. Governmental Consultants 108 s Monroe Street, Su,te 200 · Tallahassee, Florida 32301 Phone' 850-224-5300 · Fax 850-224-8287 · E-Marl kdaley2OOO@aol com AGREEMENT FOR LOBBYING SERVICES As Government Affairs Consultant/Lobbyist for the City of Delray Beach, I, Kathleen Daley, an equal partner of Kathleen Daley & Associates, Inc., a public relations/political consulting/governmental affairs firm, will continue to represent the interest of the City before the Governor and Cabinet, state agencies, and the Florida Legislature, which representation would include attendance at all necessary House and Senate committee meetings during each calendar year, necessary delegation meetings, as well as the regular session and any relevant special sessions of the Florida Legislature, and continue to monitor all legislation affecting municipalities on behalf of the City of Delray Beach. As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, and managing partner of the account, working in conjunction with the Delray Beach City Council, the Delray Beach City Manager, and other such staff persons within the City Administration as they are related to my duties on behalf of the City. I will make myself available to the above mentioned persons and offices on both regular and "as needed" basis for the meetings and discussions related to my duties on behalf of the City. In addition to all previous responsibilities Kathleen E. Daley & Associates will provide to the Commission, through the City Manager's office a monthly report during those months when the legislature is not in session. During the legislative session Kathleen E. Daley & Associates will provide a report/update every two weeks. Kathleen E. Daley & Associates will have regular conference calls throughout the session and as needed throughout the year. Kathleen E. Daley & Associates will be provided with any documentation regarding the Commission's master plan, long-range plan and overall wish list. Kathleen E. Daley & Associates will review said documents and identify possible funding sources, legislation and any action required to assist in reaching the goals of the Commission. Kathleen E. Daley & Associates, in coordination with the City Manager's office, will attend City Commission workshops/meetings to discuss and create the City's official legislative platform at the Commission's request. In addition, if the Commission can see any reason why Kathleen E. Daley & Associates should attend any other community meetings Kathleen E. Daley & Associates shall be notified accordingly. It is submitted that my services would be initially contracted for a period of one (1) year from October 1, 2002 to October 1, 2003, to be reviewed for renewal by the Commission at the end of said period. Kathleen Daley & Associates, Inc. is willing to undertake the foregoing representation on the following basis: 1. Kathleen Daley & Associates, Inc. will be paid a retainer in the total amount of $48,000 for the contracted period due in twelve (12) equal monthly installments payable by the 30th of each month beginning in October of 2002. 2. Any additional "special project" work which may be requested at any time by the City Commission of the Office of the City Manager, and which falls outside of my realm of duty as Governmental Affairs Consultant/Lobbyist for the City, will be contracted for separately and on a special project basis. 3. Either the City of Delray Beach or Kathleen Daley & Associates, Inc. may terminate this agreement at any time, pursuant to the following: (i) If terminated by the City of Delray Beach at any time during the contracted period, for other than good cause, Kathleen Daley & Associates, Inc. will retain the total amount of $48,000. (ii) If terminated by the City of Delray Beach at any time during the contracted period, for good cause, Kathleen Daley & Associates, Inc. will retain a prorated to-date portion of the total amount of $48,000. Good cause shall include, but not be limited to, the arrest of any of the principals of Kathleen Daley & Associates, Inc. and/or conduct by any of the principals of Kathleen Daley & Associates, Inc. which may subject the City of Delray Beach or Kathleen Daley & Associates, Inc. to negative publicity which would hamper the effectiveness of Kathleen Daley & Associates, Inc. in fulfilling their obligations under this agreement. (iii) If terminated by Kathleen Daley & Associates, Inc. at any time during the contracted period, Kathleen Daley & Associates, Inc. will retain a prorated to-date portion of the total amount of $48,000. 4. This Agreement shall be executed as an original and three counterparts. WITNESSES: KATHLEEN DALEY & ASSOCIATES INC. BY Kathleen E. Daley ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By Approved as to form: Mayor City Attorney Request to be placed on: X Regular Agenda When: October 15, 2002 Description of agenda item: AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: Workshop Agenda City Commission is requested to approve an Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. from October 1, 2002 to September 30, 2003 in the amount of $48,000. Funding is available in account number 001-111 ~1-511-34.90 ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: Approval NO NO Department Signature: ~ ~ /4~)//l~)/ Head ,~ c Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Yes ~ No Funding available: Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: (if applicable) Received: Action: Approved Disapproved P.O. # MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/t AGENDA ITEM # ~5/~) . REGUI.aSR MEETING OF OCTOBER 15, 2002 CONSULTING AGREEMENT RENEWAL/LANGTON ASSOCIATES OCTOBER 11, 2002 This is before the Commission for renewal of the consulting agreement with Langton Associates to provide grant-writing services for one year beginning November 1, 2002 and ending October 31, 2003. Commission approved the original contract on November 7, 2000. The agreement provides for payment of $62,500.00 in equal installments over a 12-month period and may be terminated without cause upon giving 30 days notice. If terminated, the City is only responsible to pay up to the termination date. These terms are the same as were previously approved. The agreement has been reviewed by the City Attorney. Recommend approval of the consulting agreement renewal with Langton Associates for a period of one year. S'\Clty Clerk\chevelle folder\agenda memos\Consulting Agreement Langton 10 15 02 FROM : LANGTON ASSOCIATES PHONE NO. : 904 38? 3364 Oct. 10 2002 02:01PM P2 LANGTON Associates OCT I 0 !OOZ CiTY MANAGER October 10, 2002 l'~r. David Hard,n, City Man~ger City of Delray Bcach 100 North West First Avenue Delray Beach, Florida 33444 Langton Associates respectfully requests consideration of r~newal of our conlract for Or'ant Writing Services with the City of Delray for a period of one (1) year. Langton Associates has been successful for the city in a number of areas. The question of what "new" grant opportunities Langton has brought to the city has arisen in our talks with oily officials, Attached is a slmop$is of the opportunities Langton has brought which are in addition to graats the city was already pursuing, We have found that our services have assist~l our gov6Tnmental clients, in ways that am not always obvious; with the work their staff members were already doing n relation to grants. For instance, if a grant opportunity out of a particular agency is earmarked as a "City" grant, many assume they cannot pursue other grallt opportunities in that agency, which is not always the case. We am able to sort out issues such as this, having vast experiencc over many years with the processes involved. Please let me know if you nccd any additional information. Sincerely, Michael Langton President West Adams Street. Suite 700 * Jocksonville, FL 32202 * [90ai $98-1368 * (90A) 598-1837 Fax ,, mkmgtonObngton~oun~lfing.com FROH : LRHGTON ASSOCIATES PHONE NO. : 984 38? X~64 Oct,. ;~n M~RI~.HOI~H~URGER ~61 ?~ ~4 10 2002 02:02PM P3 Lnnfton Associates Ae, tlvtfies New to the City of gelrny Bench Emergency Management Competitive Ce'ant, The City bad participated in Re l~mergency Management Municipal Granl with ~ $50,000 award limit before, Langton Associates wrote an application for the Competitive C~rant, whtch has a $300,000 award limit. Florida Recrcafiot~al Dcvelopmont Assistance Grant, While the City has participated in this grant program before, bangton Associates advocate! an aggressive approach, which yielded 2 grants tn one year for Bar',vick ami Catherine Strong Park. The Community Budget Issue Request process was pursued for a capital project for the first time, for The Community Center Shelter Retrofit project. Whil~ the project w~s included in the Legislature's budget, it was vetoed by the Governor. Nazional Endowment fo~ the Aris Accoss Grant, Dcstgn caxegory was submitted for thc Cultural Loop Project. FirstBeok Foundation book grant for employee mentoring progrmn. R~ommcnded Federal Transportation Discretionary Appropriation process For transportation projects in Downtown Master Plan. Gra~ts being examined for implementation of the Southwest Area Neighborhood Devetopm ent Plan: o MacArChur Foundation o K. night Foundation o Ford Foundation o Surdna Foundation o Bank of America Foundation C-rant programs recommended but not pursued by the City at this time: o Florida Communities Trust (£or land acquisition projects in the Recreation Master Plan) o Volutato-er Corps througl~ tho An~er[corps Program CONSULTING AGREEMENT THIS CONSULTING AGREEMENT made on this ~/~ day of~0~.~ .... .0~, 2001, by and between LANGTON ASSOCIATES, INC., hereinafter referred to as "Langton" and CITY OF DELRAY BEACH, hereinafter referred to as "Client" under the following terms and conditions: RECITALS 1. Langton agrees to provide professional consulting services to Client for the term of twelve (12) months, commencing November 1, 2001, and ending October 31, 2002. Langton agrees to exercise its best efforts to obtain governmental grants and benefits for Client. It is understood, however, that Langton cannot guarantee results that any certain amount of funds will be obtained for Client. 2. Pursuant to this Agreement, Langton agrees to provide specific services as follows: A. Strategic Grants Plan based on a comprehensive needs assessment; B. Strategic Grants Plan Workshop before the City Commission; C. Determination of funding sources that meets the Client's needs and their availability; D. Preparation and submission of all grant applications; E. Technical Assistance on all grants to all departments; and F. Intergovernmental Relations with federal and state governments. 3. In exchange for Langton performing these services as established herein and devoting agency time, Client agrees to pay Langton the sum of Sixty-Two Thousand Five Hundred Dollars ($62,500.00) to be paid in twelve (12) equal installments of Five Thousand Two Hundred Eight and 33/100 Dollars ($5,208.33) per month. Client agrees that payment herein shall be made monthly by the 10th day of the following month after the invoice rendered by Langton. 4. Langton agrees to devote the necessary time and performance of duties for Client, and shall file a written report to the City or its designee on all matters concerning this Agreement and the discharge of its scope of services monthly and in a format as determined by the City Manager. Inasmuch as the professional services rendered are of a subjective nature subject to differences of opinion, mutual confidence and respect are necessary. Accordingly, this contract can be terminated by either party without cause upon giving of a thirty (30) day notice as follows: As to Langton: 4244 St. Johns Avenue Jacksonville, FL 32210 As to City: David T. Harden, City Manager City of Delray Beach, Florida 100 N.W. Ist Avenue Delray Beach, FL 33444 In the event of a contract termination, Client's responsibility to pay Langton's fees and expenses will be limited to the period up to the termination date. All work products prepared by Langton on behalf of the Client will be determined to be Client's property. 5. Client agrees to pay all the expenses of Langton in conjunction with his services directly relating to Client. This shall include, but not be limited to, travel expenses (other than between Jacksonville and Client), which shall be air expense on coach flights, car rental, hotel (at commercial rates), and food (maximum of $25.00 per day). Langton will submit the invoice for these expenses, which shall be paid together with the salary by the next month. Client shall require a prior approval for travel expenses to be incurred by Langton. If Client so desires, such request shall be made in writing separate from this Agreement. The notice shall require Langton to notify Client fifteen (15) days in advance of necessary travel expenses, unless said time is waived in a particular case. 6. Extension of Agreement. This Agreement may be extended on an optional basis at the end of the term for two (2), one (1) year periods upon mutual agreement of the parties. WHERETO, the parties have set their hands and seal effective this ~ 77zr~.,~_- ,2001. day of LANGTON ASSOCIATES, IN~C.// By: e~ Print Nam Title: STATE OF COUNTY OF _ . ,, The foregoing instrument was acknowledcled before me this '~ -~ day of (~-[~t~=_, , 200_L, by ~"~~c:~u~ , as "~~ . (name of officer or agedt, title ~f officer or agent), of ~-~, ~ ~ ~ j~. (name of corporation acknowledging), a v~s~~ CL (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally ...,known to me or has produced . (type of ident~c~i.or~e/~nti~io~,~"~_ ~ IlL ~ S~r~'~ .t~ (~f~Pers~)r~ ~L_akih~',~cl~wledgment Name Typed, Printed or Stamped CITYOF DELRAY BEACH, FLORIDA David W. Schmidt, Mayor Approved as to Form: ~,City Attorney agt dirflangton consulting agL 3 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '~"~ - REGULAR MEETING OF OCTOBER 15, 2OO2 REPORT OF APPE~.IJ.~diLE LAND DEVELOPMENT BOARD ACTIONS OCTOBER 11, 2002 Attached is the Report of Appealable Land Use Items for the period September 30, 2002 through October 11, 2002. It informs the Commission of the various land use actions taken by the designated boards, that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\C~ty Clerk\chevelle folder\agenda memos\apagmerr~10.1.02 TO: THRU: FROM: SUBJECT: DAVID,,,~. HARDEN, CITY MANAGER PAUL DORLING, [:~I~ECTOR OF PLANNING AND ZONING N ALLEN,"PLAI~NER MEETING OF OCTOBER 15, 2002 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 30, 2002 THRU OCTOBER 11, 2002 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 30, 2002 through October 11, 2002. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (6 to 0 Dabney-Battle resigned), a request for a color change for Club Bow- Wow, an existing commercial building located on the east side of South Federal Highway, north of La Mat Avenue (2709 South Federal Highway). B. Approved (6 to 0), a request for a color change for Casale Marble Imports, an existing industrial building, located on the west side of SW 17th Avenue, north of SW 10th Street (715 SW 17th Avenue). C. Approved (6 to 0), a request for a color change for Barr Terrace Condominium, located on the west side of East Road, north of East Atlantic Avenue (50 East Road). D. Approved (5 to 0, Eliopoulos stepped down), a request for a color change for Autobahn, an automobile dealership, located on the west side of North Federal Highway, south of Gulfstream Boulevard (1710-1800 North Federal Highway). City Commission Documentation Appealable Items Meeting of October 15, 2002 Page 2 E. Approved (6 to 0), a request for a color change for The Arbors, existing office buildings, located on the east and west sides of Congress Avenue, south of Linton Boulevard (1615, 1625 and 1690 South Congress Avenue). Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan for a proposed mixed-use development containing 4 residential units and 3,015 sq. ft. of office space for Downtown Lofts, located on the east side of SE 4th Avenue, south of SE 1st Street (104 SE 4th Avenue). Concurrently, the Board approved the following waivers: Reduced the perimeter landscape strip between the parking area and the north and south property lines from 5' to 2' along the north property line and 0' to 18" along the south property line. Reduced the required site visibility triangle at the intersection of the proposed driveway and the north/south alley from 20' to 6', subject to the condition that the wall be set back 6' from the property line and that the entire width of the alley be paved (16') adjacent to this development. Approved with conditions (5 to 0, McDermott and Branning absent), a Class V site plan, landscape plan, architectural elevation plan and Certificate of Appropriateness associated with the conversion of a single family residence to office for 275 North Swinton Avenue, located at the southeast corner of North Swinton Avenue and NE 3rd Street. Approved (4 to 0, Perez-Azua stepped down), a Class V site plan, landscape plan and Certificate of Appropriateness associated with the conversion of a single family residence to office for 310 North Swinton Avenue, located on the west side of North Swinton Avenue, north of NE 3rd Avenue. Concurrently, the Board approved a waiver to allow six parking spaces to be located within the front yard between the building and the street. Approved (5 to 0), a Certificate of Appropriateness to allow the installation of a gazebo for the Ruby Residence, located at the southwest corner of George Bush Boulevard and NE 2nd Avenue (714 NE 2nd Avenue). No Regular Meeting of the Planning and Zoning Board was held during this period. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - October 15, 2002 GULF STREAM BLVD LAKE ~ TLANTIC L-30 CANAL IDA LOWSON BOULEVARD LINTON BOULEVARD I I I L-38 CANAL LAKE N W 2ND ST S W 2ND ST C-15 CANAL S.P.R.A.B. A CLUB BOW-WOW B CASALE MARBLE IMPORTS C. BARR TERRACE CONDOMINIUM D. AUTOBAHN MOTORS E THE ARBORS F DOWNTOWN LOFTS H P.B 275 NORTH SWINTON A VENUE 310 NORTH SWINTON A VENUE RUBY RESIDENCE i ! I I I I I I CITY LIMITS / V I ONE MILE I GRAPHIC ,SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2002 - - DIGITAL BASE MAP SYSTEM - - MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM # ~'~ - REGULAR MEETING OF OCTOBER IS, 2002 AWARD OF BIDS AND GONTRAG'FS OCTOBER 11, 2002 This is before the City Commission to approve the award of the following bids: Contract award to National Auction Company for auctioneering services at 2.65% of gross receipts of the auction and $10.00/hour for additional administrative services. Bid award to various vendors for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #02-145/PP at an estimated annual cost of $451,547.85. Funding is available from 445-4714-572-52.11 (Golf Course Fuel/Off Other), 446-4714-572-52.11 (Lakeview Fuel/Oil Other), and 501-3311-591-52.51 (Central Garage Inventory - Fuel). Bid award to Club Car Inc. for the purchase of eighty (80) golf carts for the Delray Beach Municipal Golf Course in the amount of $112,260.00. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course Fund/Other Machinery/Equipment). Bid award to Fine Built Construction, Inc. for demolition of Breezy Ridge and Owens Baker Road properties in the amount of $122,663.00. Recommend approval of the above bids and purchases. S:\Caty Clerk\chevelle folder\agenda memo\Bid Memo. 10.15.02 MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor(~~- Joseph Sa~ance Director October 08, 2002 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER 15, 2002 - BID AWARD - BID #2002-48 AUCTIONEERING SERVICES - TERM CONTRACT Item Before Commission: City Commission is requested to approve award to National Auction Company for an annual contract for auctioneering services. Background: An auctioneering service is needed for the proper disposition of City surplus and obsolete personal property; for lost, stolen or abandoned property obtained by the Police Department; and for confiscated property obtained by the Police Department. Bids for this service were received on Tuesday, September 24, 2002, fi:om four (4) auctioneering finns, all in accordance with City purchasing procedures. (Bid #2002-48 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The term of contract is for two (2) years with the option to renew for an additional one (1) consecutive term of two (2) years if approved by the City Manager and the Contractor. The low bid was submitted by National Auction Company at a fee of 2.65% of the gross receipts of the auction and cost of additional administrative services at $10.00 per hour. References were checked by the Director of Public Works and all responses for this finn were very good. See attached award recommendation memo dated October 07, 2002. Recommendation: Purchasing staff recommends award to the low responsive responsible contractor, National Auction Company at a fee of 2.65% of the gross receipts and $10.00 per hour for additional administrative services. Attachments: Tabulation of Bids Memo From Director of Public Works PUBLIC WORKS MEMORANDUM To: From: Jackie Rooney, Purchasing Supervisor Rich Olson, Director Public Works Date: October 7, 2002 Re: Auctioneering Service Proposals 2002-48 I have reviewed the bids which were submitted for Auctioneering Service (2002-48), for the upcoming City auction. Four (4) bids were received with the lowest responsible bidder being National Auction Company. Their commission will be 2.65% of the final gross receipts. In addition, the cost of additional services will be $10.00 per hour, which I believe will be minimal. I did check several references provided by National Auction Company. They have performed (3) three auctions for the City of Ft. Pierce, which gave them a favorable recommendation. For the past few budget years they have performed (20) twenty auctions for the School Board of Miami/Dade County, who are extremely satisfied with their work to date. Finally, they have done (5) five auctions for the City of Jacksonville who is also satisfied with their work. I would like to recommend we forward to the City Commission with a favorable recommendation for them to award bid (2002-48) to National Auction Company. Furthermore, I would like to recommend that we hold the City auction on November 16, 2002 of this year. Purchasing/bid2002-48.doc AGENDA REQUEST Request to be placed on: October 15, 2002 Date: October 08, 2002 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda Description of agenda item: Approve bid award to National Auction Company for an annual contract for auctioneering services at 2.65% of gross receipts of the auction, ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: NO NO City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved (if applicable) MEMORANDUM TO: FROM: THROUGH: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor ~'~ Joseph Saffor<~ance Director DATE: October 08, 2002 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER 15, 2002 - BID AWARD BID #02-145/PP - CO-OP BID - PALM BEACH COUNTY GASOLINE AND DIESEL FUEL Item Before Commission: The City Commission is requested to approve award to various vendors as listed below for the purchase and delivery of gasoline and diesel fuel, via the Palm Beach County Co-op Bid #02- 145/PP, at an estimated annual cost of $451,547.85. Background: Palm Beach County Purchasing Department is the lead agency for this co op annual bid. Bids were received August 21, 2002 from six (6) vendors per attached bid tabulation from Palm Beach County. This contract was approved by the Palm Beach County Board of County Commissioners at their September 24, 2002 meeting. The County awarded to primary contractor and a secondary contractor for each item. The low bidders (primary and secondary contractors) for the City of Delray Beach requirements are as listed below and on the attached Co-op Bid award and the fuel breakdown for the City of Delray Beach: Item Description Primary Contractor Secondary_ Contractor Diesel with Biocide BV Oil Tankwagon FH Foster Regular Unleaded Transport Petroleum Traders Port Consolidated Regular Unleaded Tankwagon Macmillan Oil FH Foster This contract allows for price fluctuation (escalation) based on prices published in the Oil Price Information Service (OPIS) for Miami. However, the vendor markup or discount (including delivery and all other costs) shall not change during the time of the contract. The term of this contract is for eighteen (18) months with the option to renew for one (1) additional eighteen (18) month period. Recommendation: Staff recommends multiple awards as stated above at an estimated annual cost of $451,547.85. Funding from accounts 445-4714-572-52.11,446-4714-572-52.11 and 501-3311-591-52.51. Attachments: Delray Beach Estimated Annual Quantities Delray Beach Awards (Area #1 of Bid) OPIS Report - Miami Palm Beach County Award Letters to Vendors Palm Beach County Bid Re-cap ESTIMATED OUANTITIES FOR THE CITY OF DELRAY BEACH DIESEL #2 w/Biocide (Tankwagon) REGULAR UNLEADED (Tankwagon) REGUALR UNLEADED (Transport) 105,1 O0 gallons 164,500 gallons 192,000 gallons Breakdown: Based on current Miami OPIS (Oil Price Information System) for October 3, 2002 Vendor/ OPIS Description Bid Price Price Diesel #2 BV Oil .9399 (w/Biocide) Company Tankwagon + .0571 Regular Petroleum .9480 Unleaded Traders Transport + .0048 Regular MacMillian .9480 Unleaded Oil Tankwagon + .0479 Estimated Quantity 105,100 gals. 192,000 gals. 164,500 gals. Unit Price x Qty. = Total Dollar Amount .997 (.9399 + .0571) x 105,100 gals. = $104,784.70 * .9528 (.9480 + .0048) x 192,000 gals. = $182,937.60' .9959 (.0479 + .9480) x 164,500 gals = $163,825.55' Total estimated annual dollar amount for City of Delra¥ Beach $451~547.85' Palm Beach County Co-op Bid Award City of Delray Beach Pricing New Contract Revised 9/25/02 Prices and Vendors Effective 10/1/02 Fuel Type- Diesel with Biocide Transport (7000 Gallons or More) Primary Vendor Petroleum Traders Fuel Price OPIS + $.0171 Secondary Vendor BV Oil Fuel Price OPIS + $.0171 ~!~':~1 ~TYI~- Di~.sel ,Tan~gon (LessTh~an ~7000,~alloris) !Primary Vendor BV Oil ;Fuel Price OPIS + $.0571 - ' Secondary Vendor FH Foster Fuel Price OPIS + $.0700 Fuel Type- Diesel without Biocide Transport (7000 Gallons or More) Primary vendo~ Petrole'um Traders Fuel Price OPIS + $.0099 Secondary Vendor BV Oil Fuel Price OPIS + $.0169 Primary Vendor Macmillan Oil Fuel Price iOPIS + $.0479 Secondary Vendor FH Foster Fuel Price OPI$ + $.0550 Fuel Type- Unleaded Regular* Transport (7000 Gallons or More) Primary Vendor Petroleum Traders Fuel Price OPIS + $.0048 "/' Secondary Vendor Port Consolidated Fuel Price OPI$ + $.0284 ~;~ ~1 ~;:. ~Fuel ~yp~- U~leadei:l ~egular, ~ ~?: ~Tan~kwagon (Less Than 7000 Gallons~ Primary Vendor Macmillan Oil ,Fuel Price OPIS + $.0479 Secondary Vendor FH Foster Fuel Price OPIS + $.0.0550 Primary Vendor Macmillan Oil Fuel Price OPIS + $.0479 Secondary Vendor FH Foster Fuel Price OPIS + $.0.0550 [ ITransport (> 7000 Gal.) I,~~¥:~Tank Wagon (< 7000 G~ 10/04/2002 iG:3G 561-616-6811 PBC PURCHASING DEPT PAGE 02/02 DIESEL UNLEADED GASOLINE //2 Low 02 High Regular Super Premium Report Date 87 Oct. 89 Oct. 93 Oct. 9.0RVP 9.0RVP 9.0RVP · 8081 .8446 .9115 7. 8RVP 7. 8RVP 7. 8RVP · 8113 .7739 .8095 .8485 .9145 August 29, 2002 9.0RVP 9.0RVP 9.0RVP .7983 .8345 .9010 7.8RVP 7. 8RVP 7. 8RVP · 8003 .7693 .8004 .8382 .9008 September 5, 2002 9.0RVP 9.0RV"P 9.0RVP .8469 .8828 .9477 7. 8RVP 7. 8RVP 7- 8RVP · 8370 .8107 .8477 .8848 - 9461 September 12, 2002 .8455 .8112 .8277 .8641 .9257 September 19, 2002 · 8771 .8435 .8655 .9032 .9677 September 26, 2002 .9399 .8649 .9480 . 9857 1.0492 October 3, 2002 09/25/2002 10:l~J 561-616-6811 PBC PURCHASING DEPT PAGE 12/16 BID RE-CAP SHEET Fon~ BID #: 02-145/Pp TITLE: GASOLINE & DIESEL FUEL CO-OP TERM CONTRACT SUPERSEDES BID #: 991611PP BUYER: PETER PATANI~, C.P.P.B. ACTION DATE ACTION DATE IFB APPROVED 07t15t2002 GOAl SETTING MEE'riNG 06[12/2002 NEWSPAPER ADVEP, TIS1NG 07114/2002 SITE INSPECTION NIA PRE-BID CONFERENCE N/A 13ID OPENING 0812112002 F TERM CONTRACT GENERATED: TERM: FT~M#1 - #2 ITEM#6 - ~2 DIESEL WITH DIESEL WITH BIOClDE: BIOCIDE' TRANSPORT ~RANSPORT PETROLEUM 8V OIL: TRADERS. + .0191 · _0171 BV OIL: PETROLEUM + .0171 TRADI~RS; * .0199 PORT CONSOLIDATED: + .0284 MACMILLAN OIL. + .0350 SUGAR SUPPLY: + .0500 PORT CONSOLIDATED: + .0255 MACMILLAN OIL: + 0350 SUGAR SUPPLY: + .0550 1TEM#1 - #2 ITEM#6 - #2 DIESEL WITH DIESEL WITH IBIOCIDE' BIOCIDE; TANKWAGON TANK~VAGON MACMILLAN OIL: MACMILLAN OIL: +.0525 +.0525 BY OIL: ~ BVOIL: +.0571 + 057t F,H FOSTER: PORT + .0700 CONSOLIDATED' + .0785 PORT CONSOLIDATED: , .0784 10101/2002 TO: AREA #3 ITEM #11 - #2 DIESEL WITH BIOCIDE. TRANSPORT 8v OIL: + .0221 PETROLEUM TRAOEI~S: * .022§ PORT CONSOUDATED: + .0285 MACMILLAN OIL: SUGAR SUPPLY; + .0600 ITEM#11 - #2 DIESEL WTTTt BIOCIOE: TANKWAG ON MACMILLAN OIL: + .0525 OIL: .0571 PORT CONSOLIDATED: + .0765 M/WBE I~VAL. RETURNED 812212002 DEPT. EVAL. RETURNED 812312002 POSTING APPROVED COPY TO ADMIN. SECR. DATE/TIME BID POSTED DATE/TIME BID REMOVED RECAP TO M/WBE INITIALS 31:3112004 . EST. EXPENDITURE: $___8,720,0.0.0.00 AREA ~4 AREA ITEM #16 - I~2 ITEM #21 - #2 DI~SEL WiTH DIESEL WTfH I~IOCIDE: J~IOCIDE: TP-J~NSPORT TRANSPORT PETROLEUM PETP. OLEUM TRAOERS-' TRADERS: +. 0259 + .0Z79 l~V OIL: 8V OIL: + _0~25 + .0326 PORT PORT CONSOLIDATED: CONSOLIDATED: + .0335 + .033-~ MACMILLAN OIL: MACMILLAN OiL: + .0350 .0595 SUGAJ~, SUPPLY: SJJGAJ~. SUPPLY: _0650 + 0650 1TEM #16 - #2 ITEM #2t - ~ DIESEL WITH DIESEL WITH I~IOCIDE: DIOCIDE: TAN KWAGON TAN KWAGON MACMILLAN OIL: fJV OIL' + _0675 + .0821 BV OiL: PORT + .0751 CONSOLIDATED: + .0535 PORT MACMILLAN OIL: CONSOLIDATED' .1050 + .0835 ,~r jj ;..,]=., 09/25/2002 10:10 561-616-6811 PBC PURCHASING DEPT PAGE 13/lb Page 2 of 5 AREA #1 KEY AREA #2 KEY AREA #3 KEY AREA fl4 KEY ARF_A #$ KEY ITEM~2 - #2 ITEM#7 - #2 ITEM #12 - #2 ITEM #17 - #2 iTEM #22 - #2 DIESEL W/O DIESEL WlO DIESEL WIO DIESEL W/O DIESEL WtO BIOCIDE: BIOCIDE: BIOCIDE: DIOC1DE: RIOCIDE: TRANSPORT TRANSPORT TRANSPORT TRANSPORT TRANSPORT PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM TRADERS: TRADERS: TF~ADERS: 1P TRADERS: TRADER.~: ~ .0099 1P + .016t 1P + .0179 + .0189 1P * .0229 1P 8V OIL: BV OIL: 8V OIL: 15 PORT I~V OIL: + .0t69 1S + .0191 1S + .0191 CONSOLIDATED: + I)32t + 0~35 1S PORT PORT PORT MACMILLAN OIL: PORT CONSOLIDATED: CONSOLIDATED. CONSOLIDATED: 4 + .0350 4 CONSOLIDATED: + 0284 4 + .0285 4 + 0285 + .0335 4 MACMILLAN OIL. MACMI~LLAN OIL: MACMILLAN OIL: 4 8V OIL.' SUGAR SUPPLY: + ,0350 4 + 0350 4 + 0395 + .0380 4 + _0570 4 SUGAR SUPPLY' SUGAR SUPPLY: SUGAR SUPPLY: 4 SUGAR SUPPLY. MACMILLAN OIL: + .0420 4 + .0470 4 + 0520 + .0570 4 .0595 ( 3 ) ITEM #2 - #2 ITEM #7 - #2 ITEM #~12 - #2 ITEM ~t7 - ~2 ITEM #22 - #2 DIESEL WIO DIESEL W/O O I ESEL WIO D I ES EL WIO DIESEL WIO BIOCIDE: E)IOCIDE: BIOCIDE_' BIOCIDE: EUOCIDE: TANI~'WAGON TANKWAGON TANKWAGON TANKWAGON TANKWAGON MACMILLAN OiL: MACMILLAN OIL: MACMILLAN OIL_' MACMILLAN OIL: BV OIL: + .0479 1P + .0479 1P + .0479 1P + .0525 1P + _~150t BV OIL: BV OIL: BV OIL: BV OIL; PORT + .0541 4 + .0541 1 S + .0541 1S + .0721 1 S CONS0 LIDATED' + .0835 1S F_R_ FOSTER: PORT PORT PORT + .0550 iS CONSOLIDATED: CONSOUDATED: CONSOLIDATED: MACMILLAN + .0785 4 + .0785 4 + _0835 4 .1050 ( 3 ) PORT CONSOLIDATED: + .0784 4 AREA ~1 KEY AR~ #2' KEY AREA #3 KEY AREA/~4 KEY AREA #5 KEY ITEM#3- GAS, ITEM#8- GAS, ITEM#13- GAS, ITEM#18- GA~, ITEM#23- GAS, SUPREME SUPREME SUPREME SUPREME SUPREME UNLEADED: UNLEADED: UNLEADED: UNLEADED: UNLEADED: TRANSPORT ~RANSPORT TRANSPORT TRANSPORT TRANSPORT PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM TRADERS: TR.~JJERS' TP~DERS; T~DERS TRADERS: ( -.0164 ) IP ( -.0164 ) 1P ( - .011~ } IP ( - .00G4 ) 1P ( -.0044 ) 1P PORT PORT PORT MACMILLAN OIL: i~V OIL~ CONSOLIDATED: CONSOLIDATED: CONSOLIDATED: + _0190 15 + .0284 1S + .0285 IS + 0285 1S PORT PORT MACMILLAN OIL: MACMILLAN OIL: BV OIL: CONSOLIDATED. 4 CONSOLIDATED: + .O3SO 4 + .0350 4 + .0380 4 + .0335 + .0335 4 BV OIL: 8V OIL: MACMILJ. AN OIL: BV OIL: SUGAR SUPPLY: · 0380 4 + .0380 4 + .0305 4 ~ .0380 4 + .0570 4 SUGAR SUPPLY- SLJOA,~ SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: MACMILLAN OIL: +' .0400 4 + 0470 4 + .0520 4 + .0570 4 .0595 ( 3 ) 09/25/2002 10:10 561-616-6811 ITEM #3- GA~, ] [ ITEM #8 ~ GAS, SUPREME ] ! SUPREME UNLEADED: I / UNLEADED: TANKWAGON 4 [ TANKWAGON MACMILLAN OIL~ ~ MACMIL~N OIL: BV OIL: / / PO~T + o~ / 4 . 4 - I , AREA #3 ITEM #13- GA~, SUPREME UNLEADED: TANKWAGON BV OIL; + .0571 MACMILLAN OIL: + .0625 PORI CONSOLIDATED: + .0785 PBC PURCHASING DEPT 1P AREA~kI. ITEM #18 ~ GAS. SUPREME UNLEADED' TANKWAGON MACMILLAN OIL: + .0495 RV OIL' + .0/ZI PORT CONSOLIDATED: + 0835 PAGE 14/16 ITEM #23 - GAS, SUPREME UNLEADED: TANKWAGON BV OIL: + .0801 PORT CONSOLIDATED: + ,0835 MACMILLAN OIL: .1050 AREA #1 "~"'~ KEY AREA #2 KEY ARF:A ~ KEY AREA f14 KEY AREA #5 KEY ITEM ~ - GAS, ITEM ;~ - GAS, ITEM #14 - GAS, ITEM #19 - ITEM/;ff24 - GAS, REGULAR REGULAR REGULAR GAS, REGULAR REGULAR UNLEADED UNLEADED: UNLEADED: UNLEADED: UNLEADED: TRAN SPORT IRANSPORT TR~NS PORT TRANSPORT TRANS PORT PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM TRADERS: ~ TRADERS' TRADER, S. TRADERS: TRADERS: +.004~~'~ tP + .0098 1P +.0119 tP + O148 1P + 01fi9 1P PORT MACMILLAN OIL: PORT MACMILLAN OIL-' BV OIL: CONSOLIDATED: * .0195 1S CONSOUDATEO: + O190 15 + .0321 1 + 0284 t$ + .0285 IS MACMILLAN OIL: PORT BV OIL: PORT PORT + .0350 4 CONSOLIDATED: + .0380 4 CONSOLIDATED: CONSOLIDATED: + .0285 4 + .0335 4 + .0335 4 BV OIL: 8V OIL. MACMILLAN OIL; BV OIL: SUGAR SUPPLY: + .0380 4 + .0:~80 4 + 0395 4 + .0380 4 + .0570 4 SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: MACMILLAN OIL_' + .0400 4 + 0470 4 + 0520 4 + 0570 4 .0595 ( 3 ITEM #4 - GA~, ITEM ~ - GAS, ITEM #14 - GAS. ITEM #19 - GAS, ITEM #24 - REGULAR REGULAR REGULAR REGULAR R£GULAR UNLEADED: UNLEADED: UNLEADED' UNLEADED: UNLEADED' TAN KWAGON TAN KWAGON TAN KWAGON TAN KWAGON TAN KWAGON MACMILLAN OIL: MACMILLAN OIL: MACMILLAN OIL: MACMILLAN OIL: 8V OIL: + .O4T9 1P + ,0479 1P + .0479 tP + .0625 1P + .0801 1P F.H. FOSTER: BV OIL: BV OIL: BV OIL: PORT + .0550 15 + .0601 iS + O571 15 + .0681 15 CONSOLIDATED: + 0835 15 BV OIL: PORT PORT PORT MACMILLAN OIL: + .0601 4 CONSOLIDATED: CONSOUDATED: CONSOLIDATED'_ .1050 ( 3 ) + .0785 4 + .0/85 4 + .0835 4 PORT CONSOLIDATED: + 0784 4 09/25/2002 10:10 561-6i6-6811 PBC PURCHASING DEPT PAGE 15/16 AREA #t KEY AREA ~2 KEY AREA ~ KEY AREA #4 KEY AREA #5 KEY ITEM #5 - GAS, ITEM #10 - GA~. ITEM #15 - GAS, ITEM #20 - GA~, ITEM/~25 - GAS, UNLEADED UNLEADED UNLEADED UNLEADED UNLEADED PLUS: PLUS: PLUS: PLUS: PLUS: TRANSPORT TRANSPORT TRANSPORT TRANSPORT TI~ANSPORT PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM TRADERS: TRADERS: TRADERS: TRADERS: IRADERS: ( - .0029 ) 1P + .0019 1P ( -.0009 ) 1P + .0009 1P + 0009 1P PORT PORT PORT MACMILLAN OIL: BV OIL: CONSOLIDATED: CONSOLIDATED: CONSOLIDATED: + .0t90 1 + _tt284 IS + .0285 tS + .{3285 15 MACMILLAN OiL' MACMILLAN OIL: RV OIL: PORT PORT +.0350 4 + 0:350 4 + .0380 4 CONSOLIDATED: CONSOLIDATED: + .0335 4 + .i)335 4 P,V OIL: BV OIL. MACMILLAN OIL: ElY OIL: SUGAR ,~UPPLY. + _0380 4 + .0380 4 + (]395 4 + .0380 4 + .0570 4 SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: SUGAR SUPPLY: MACM{LLAN OIL-' + .0400 4 + .0470 4 + .0520 4 + .0S70 4 .0S95 ( 3 ) ~EM #5 - GAS, ITEM #~0 - GAS, ITEM #15 - GAS. ITEM #20 - GAS, ITEM #25 - GAS, UNLEADED UNLEADED UNLEADED UNLEADED UNLEADED PLUS: PLUS: PLUS: PLUS: PLUS: TAN KWAGON TANIC~VAGON TANI(WAGON TAN KWAGON TAN IGNAG ON MACMILLAN OIL: MACMILLAN OIL: BY OIL: MACMILLAN OIL: BY OIL: + .0479 1P + _0479 1P + .0571 l P + .0625 1 P + .OB01 1P F.H. FOSTER: BV OIL: MACMILLAN OIL: BV OIL: PORT +.0550 1S + 06(}t 15 + .0585 IS +.0681 15 CONSOLIDATED: + .n835 1S BV OIL: PORT PORT PORT MACMILLAN OIL: + .0601 4 CONSOLIDATED: CONSOLIDATED'- CONSOLIDATED: .1050 ( 3 ) + .0785 4 + .0785 4 + .0835 4 PORT CONSOLIDATED: + .0784 4 POSTING CONTINUED ON NEXT PAGE 89/25/2882 18:18 561-616-6811 PBC PURCHASING DEPT PAGE Purcha:;ing Department FAX i561) 616 www pbcgav cam/put P~fm Beach County l~a~ of County Commtssioners Warren H Newe[l. Chairman Carol A ~oherES. Vtce Chair ~rcn T Mar~s Ma~ McC~ B~r~ Aaron~n A~die L Greene County Admlnisttator Robert Weismaa *An Eqoa! Form L Date: 9124/2602 BVOI0001 BV Oil Company 7950 NW 58th Street Miami, Florida 33166 Attn: Mr. John Wright Dear Mr. Wright: RE: TERM CONTRACT#: 02145 This i$ to inform you that Palm Beach County Board of County Commissioners is entering into a Term Contract with your company for GASOLINE AND DIESEL FUEL CO-OP CONTRACT based on one of the [Xl il [1 [] [1 il [] il FORMAL BID #; 02-~45/PP ( See Attached forAwarded Items ) ' RENEWAL OF FORMAL BIDIRFQ #: EXTENSION OF FORMAL BID/RFQ #: WRITTEN QUOTATION #: VERBAL QUOTATION PER: STATE OF FLORIDA CONTRACT #: PALM BEACH COUNTY SCHOOL BOARD BID #: OTHER: The term of this contract is 10/0tl2002 through 313tl2004 . Tho estimated dollar value is $ 8,720,000.00 TOTAL FOR ALL VENDORS The obligations of Palm Beach County under this contract are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners. Palm Beach County Departments will issue hard copy orders against this contract as your authorization to deliver. All invoices must reference each unique document number. If you have any questions, please contact at ($61} 61_6=6_817 . PETER PATAN~, C.P.P.B. C: File D. Weichman, Fleet Mgmt D. Leaf, Palm Tran R. Raymond, Parks Co-op Agencies AGENDA REQUEST Request to be placed on: October 15, 2002 Date: October 08, 2002 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approval for bid award to various vendors for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #02-145/PP at an estimated annual cost of $451,547.85. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve to various vendors for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #02-145/PP at an estimated annual cost of $451,547.85. Funding from account code 445-4714-572-52.11,446-4714-572-52.11 and 501-3311-591-52.51. Department Head Signature~ Determination of Consistency w~omprehen~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: B..~. Account Number: Account Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: Yes No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Safford, Finance Director DATE: October 09, 2002 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER 15, 2002 - PURCHASE AWARD - REQUEST FOR PROPOSALS #2002-52 PURCHASE OF EIGHTY (80) GOLF CARTS FOR THE DELRAY BEACH GOLF CLUB Item Before Commission: City Commission is requested to approve award of Request for Proposal #2002-52 to Club Car Inc. for the purchase of eighty (80) golf carts for the Delray Beach Golf Club for a total amount of $111,260. Background: The Delray Beach Municipal Golf Course is in need of new golf carts as the lease for the current carts will soon expire and they need to be replaced. Bids were received from two (2) vendors all in accordance with City Purchasing Policies and Procedures. (Request for Proposal #2002-52 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Manager of the Delray Beach Municipal Golf Course recommends the award to Club Car Inc. at $111,260. This amount is the total of $223,760 minus the trade-in price of $112,500 for the current eighty (80) golf carts. Financing will be obtained prior to delivery of carts based on an Option #1 of bid package, "Outright Purchase". See attached memo dated October 02, 2002. Recommendation: Purchasing staff recommends award to Club Car Inc. for the purchase of eighty (80) golf carts for a total purchase amount of $112,260. Funding from account code 445-4761-572-64.90. Attachments: Memo From Golf Course Tabulation of Bids Delmy Beach Golf Club Memo To: Bob Barcinski GO: Brahm Dubin Sharon Painter From: Mary Beth Birsky Date: 10/2/02 Re: Golf Cart Fleet Attached you will find copies from the two companies that responded to the bid regarding new golf cart fleets for Delray Beach Golf Club. After reviewing both Yamaha and Club Car's responses, I am strongly recommending we proceed with Club Car for the following reasons: 1) Total price is less than Yamaha's: $2.23,760.00 vs. $242,680.00. 2) Club Car's bid includes a much needed Beverage Cart at no extra cost. 3) Our mechanics are very familiar with working on these vehicles and we have many cart parts in stock that we would be able to use in the future to help save on repair costs. 4) We have enjoyed our relationship with Club Car and have found them to be very durable and efficient. Please let me know by Wednesday, October 9, 2002 if you concur with this recommendation, so we can proceed with the procurement process of the cart fleet. Thank you, Bob. CITY OF DELRAY BEACH REQUEST FOR PROPOSAL #2002-52 PURCHASE (80) GOLF CARTS FOR THE DELRAY BEACH GOLF CLUB TABULATION OF BIDS September 27, 2002 Yamaha Golf Cart company Club Car, Inc. OUTRIGHT PURCHASE Unit Price Unit Price $3,033.50 $2,797.00 Purchase (80) New Gasoline Golf Carts Total Price Total Price $242,680.00 $223,760.00 TRADE IN ALLOWANCE Value per Car Value per Car $1,500.00 $1,406.25 (80) 1999 Club Car Golf Carts Total Trade In Allowance Total Trade In Allowance $120,000.00 $112,500.00 Net Price Net Price $122,680.00 $111,260.00 State cart manufacturer/model proposed. Yamaha G22357F 2003 Club Car DS Gasoline Model How many calendar days for delivery after 30 days 45 days maximum receipt of order? s:/financelpurchasinglRequest For Proposals/RFP Golf Carts.xls AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: October 15, 2002 Date: October 09, 2002 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda Description of agenda item: Approve award to Club Car Inc. for the purchase of eighty (80) golf carts for the Delray Beach Golf Club for total of $111,260 per Request for Proposal #2002-52. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Club Car Inc. for the purchase of eighty (80) golf carts for the Delray Beach Golf Club for a total cost of $111,260 per proposals received. Funding from account code 445-4761-572-64.90. Department Head Signatu~~~,~~ Determination of Consistency ~u~omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ Funding alternatives: F~,,-~.~c.~ ~ Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ ~,~'1 Hold Until: Agenda Coordinator Review: Received: Action: Approved No (if applicable) No Disapproved MEMORANDUM TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR OF COMMUNITY IMPROVEMEN~ BID AWARD #2002-49 DEMOLITION CONTRACTOR DATE: OCTOBER 11, 2002 Staff has reviewed the bid summary package tabulated by Purchasing division. We would like to recommend Fine Built Construction, Inc. as the low bidder to perform the demolition work for the Breezy Ridge and Owens Baker Road properties for the Atlantic High project. Please refer to attachment on bid results. 0 ~zO ~ 0 Date: October 11, 2002 Agenda Item No. ~,. ~ AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: October 15, 2002 Description of Agenda Item: Bid Award #2002-49 Demolition Contractor - Fine Built Construction Low Bidder to Perform Demolitions for the Breezy Ridge and Owens Baker Road properties Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City_ Manager Review: Approved for agenda: Yes / No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved [ITY DF DELRRY BER[H CITY ATTORNEY'S OFFICE POLICE LEGAL ADVISOR 1993 '1'o: From: 300 W ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/2~t3-7823 · FACSIMILE 561/243-7815 POLICE LEGAL ADVISOR MEMORANDUM Mr. David Harden, City.Manager Catherine M. Kozol, Police Legal Advisor Date: October 11, 2002 Re: Netdelivery Software License Agreement Attached for your review and insertion on the Consent Agenda is the Netdelivery Software License Agreement. Netdelivery is the next phase in the Police Department's strategy to capitalize on the benefits of already implemented technology. Netdelivery will allow officers to select a report, complete the report, and transmit the report to his or her supervisor electronically. The most commonly used forms will reside on an Internet location where the officers will access them and download only the forms necessary to complete the documentation of the incident. At the present time the forms are stored on each officer's hard drive. With Netdelivery the forms reside in a separate location and are only downloaded as they are needed. In the past when a form was changed or a new form was implemented MIS staff had to individually update every officer's laptop. With Netdelivery the forms are updated one time and are accessible by all the officers. If this agreement meets with your approval, please place this on the Consent Agenda at the next Commission Meeting. When all the agreements have been signed, I would appreciate it if you would return one original to me for forwarding to Netdelivery Corporation. Thank you for your courtesy and attention. Ath/encs. cc: Susan Ruby, City Attorney . NETcle i r.v' SOFTWARE LICENSE AGREEMENT (U.S. FORM ONLY - REGISTERED USER BASED--- VERSION 1.00) Namer City of Delray Beach ("Licensee") Address: 100 NW First Avenue City, State Zip: Delray Beach, FL 33444 ,Telephone Number: 561-243-7000 NETdelivery Corporation ("NETdelivery') 4725 Walnut Street Boulder, Colorado 80301 (303) 245-0071 This Software License Agreement ("Agreement") is entered into as of (the "Effective Date") by and between NETdelivery and Licensee and applies to the use of NETdelivery's software products and documentation (the "Software") by Licensee pursuant to product schedule(s) made a part of this Agreement m accordance with its terms (the "Product Schedule(s)"). Each Product Schedule shall be deemed incorporated into this Agreement by this reference and shall become a part hereof. 1. License. 1.1. On the terms and conditions of this Agreement and thc apphcablc Product Schedule(s), and upon payment of any apphcable hcense fees described in Section 2 below, Licensee shall have a perpetual, non-transferable, non-exclusive license to use the Software as listed in the Product Schedule(s) on a single database instance in the United States for its internal purposes and in object code form only. Licensee shall not permit any other person or ennty to use the Software directly or indirectly, whether on a time shanng, remote job entry or semce bureau arrangement or under any outsourcing arrangement or otherwise. i.2. Licensee shall usc reasonable efforts to secure thc Sofhvarc by Using the same degree of care as Licensee uses to protect its own most valuable information. Licensee shall not sublicense, distribute, transfer, display, rent, timeshare, unbundle, modify or create derivative works of the Software, or reverse engineer, decompfle, or disassemble the Software. 1.3. NETdelivery reserves all other rights to the Software not expressly granted to Licensee. NETdehvery retains ownership of the Software at all t~mes. 1.4. Licensee is permitted to make a reasonable number of copies of the Software solely for use as archival, backup or disaster recovery copies which will remain uninstalled or resident only on a non- operating (cold backup) system. 2. Fees. In consideration of the licenses granted hereunder, Licensee shall pay to NETdelivery the license fees set forth in the Product Schedule(s). All invoices are due and payable thirty (30) days following date of invome, unless and only to the extent a later date is expressly agreed upon in a Product Schedule. Audit Without Limitation on NETdelivery's other remedies and rights, NETdelivery shall have the right, either itself or through an accounting firm retained by NETdelivery, at its sole cost and expense and~ upon reasonable written notice to Licensee, during regular business hours and not more than once in every six (6) months, to examine copies of *he relevant excerpts of the books and records of Licensee that ,elate tc ,i~ ubhgat~ons ~nde~ ~hts Agree~nent. Any person involved in the performance or review of such an audit will protect the confidentiality of Licensee's confidential information and abide by Licensee's reasonable security regulations while on Licensee's premises. Licensee shall reasonably cooperate with any such audit or inspection. 4. Use of Licensee Name and Logo. Licensee grants to NETdelivery a non-exclusive, non- transferable license to use and reproduce Licensee's trademarks and trade names (the "Marks") in connection with marketing and promoting NETdelivery's Software and services.; provided, however, that NETdehvery shall be required to obtain the prior written consent of Licensee for each such use. NETdelivery agrees to state in appropriate places on all materials using Licensee's Marks that the Marks are trademarks of Licensee and to display appropriate trademark nonces which identify Licensee as the owner of the Marks. Notwithstanding the foregoing, NETdelivety shall be permitted to identify Licensee as a user of NETdelivery products on customer lists and similar materials without the need to obtain prior consent of Licensee. 5. Maintenance Services. For the maintenance fee set forth m the Product Schedule(s), NETdelivery shall provide the software maintenance services described in the Maintenance and Support Addendum attached hereto as Exhibit B. When applicable, maintenance fees will be billed by NETdelivery, and renewals valI be invoiced on the anniversary date of this Agreement in accordance with the selected maintenance level Licensee will be required to pumhase Maintenance and Support Services for the first twelve (I 2) month period of this Agreement. 6. Confidentiality. By execution of this Agreement, the parties hereto agree to be bound by the terms of the Nondisclosure Agreement attached hereto as Exhibit D and incorporated herein by this reference. Not withstanding the foregoing, Licensee shall be permitted to disclose the terms of this agreement to the extent required by law. 7. Limited Warranties. 7.1. NETdelivery warrants that the Software operates in material conformity with the documentation set forth in the Product Schedule(s) (the "Documentation") for a period of ninety (90) days beginning five (5) days after the date the Software is shipped to the Licensee (the "Warranty Period"). 7.2. At any time during the Warranty Period, if Licensee has notified NETdelivery that the Software does not operate in material conformity with its Documentation and NETdelivery has not corrected the problem or provided a substitute within thirty (30) days, Licensee may terminate this Agreement and NETdehvery shall refund ap?hcable paid hcen~e rec, ~ro ~d,'d iha~ thc 3t, fl,~are and Documentation have been returned or destroyed (and, if destroyed, Licensee has delivered a certificate to NETdelivery stating that all copies have been destroyed). 7.3. NETdelivery warrants that it has sufficient proprietary rights to the Sofavare and Documentation to grant the hcenscs set forth herein. 7.4. Each party warrants that it is validly organized, and financially and Iegally capable of fulfilling all requirements ofthis Agreement. Page 1 of 4 of Software License Agreement Licensee Initials NETdclivery Initials ~ CI-B550996.4 8. Limitations on Warranties and Remedies. 8.1. EXCEPT FOR THE LIMITED WARRANTY SET FORTH I-N SECTION 7, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, OR ORAL OR WRITTEN STATEMENTS OF NETDELIVERY, ITS AGENTS OR SUBCONTRACTORS, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY SUPERSEDED, EXCLUDED AND DISCLAIMED. 8.2. EXCEPT FOR BREACHES OF OBLIGATIONS SET FORTH IN SECTIONS I 2 OR 6 OR AN INDEMNITY OBLIGATION UNDER. SECTION 9 OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY (OR EITHER PARTY'S OFFICERS, DIRECTORS OR EMPLOYEES)-BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN COMMUNICATED TO THE OTHER PARTY. EXCEPT FOR BREACHES OF OBLIGATIONS SET FORTH IN SECTIONS 1.2 OR 6 OR AN INDEMNITY OBLIGATION UNDER SECTION 9 OF THIS AGREEMENT, IN NO EVENT SHALL E1THER PARTY BE LIABLE TO THE OTHER FOR DAMAGES FOR ANY CAUSE WHATSOEVER IN AN AMOUNT IN EXCESS OF THE FEES PAID TO NETDELIVERY (OR PAYABLE TO NETDELIVERY, IF THE ACTION INVOLVES LICENSEE'S FAILURE TO PAY) UNDER THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NETDELIVERY SHALL HAVE NO LIABILITY OF ANY KIND FOR DATA OR OTHER CONTENTS OF TRANSMITTED FILES. 9. Intellectual Property Indemnification. 9.1. NETdelivery shall indemnify, defend and hold harmless Licensee' (including payment of all reasonable costs, fees, settlements and damages) with respect to any suits or proceedings brought against Licensee arising from infringement by the Software of any United States patent (issued as of the effective date of this Agreement), trademark or copyright of any third party, provided that Licensee: (i) promptly notifies NETdelivery, in writing, of any such suit or proceeding; (ii) permits NETdelivery to have sole control over the defense and all settlement negotiations relating such suit or proceeding; and (iii) provides NETdelivery, at NETdehvery's expense, with all information, assistance, and authority reasonably necessary for such defense or negotiations. 9.2. In the event that use of the Sofl~vare is enjoined, or NETdelivery reasonably believes that it may be enjoined, NETdehvery shall: (i) replace the Software, without additional charge, with a compatible, functionally equivalent product; or (ii) modify the Soft~vare to avoid the infringement, provided such modification does not materially change the functionality of the Software; or (iii) obtain a license for Licensee to continue to use the Soft'ware under the terms of this Agreement and pay any fee required for s.~,cb li~c:~. ~- ~;v) if ;.,.v.e ,P ,he £oregol~g altcl,~t]'~es is avmlable on a reasonable econormc basis even after NETdehvery's exercise of reasonable commercial efforts to implement them, then NETdeljvery may terminate the license granted hereunder and, upon return of the Soflavare and Documentation and delivery to NETdelivery of a certificate stating that Licensee has destroyed any other copies it has made of the Software or Documentation, return to Licensee all license fees prod for such Software. The foregoing shall be the exclusive remedy of Licensee under the circumstances set forth in this Section 9.2. 9.3. NETdehvery shall be relieved of its obligations under this CI-B550996.4 Section 9 to the extent that a court of competent jurisdiction finds that the infringement arises out of unauthorized modifications of the Software. To the extent that NETdelivery makes modifications to the Soflware to comply with Licensee's written specifications, the apphcable professional services agreement will set forth the responsibility of the parties with respect to any potential infnngement claims resulting from such modifications. 10. Term 10.1. The term of this Agreement shall be for a'one year period starting upon the Effective Date of th:s Agreement. This Agreement shall automatically renew upon the annual anniversary of this Agreement unless either party sends written notice to the other party of their intent not to renew at least 30 days prior to the annual renewal date. 11. Termination 11.1. After the initial term of this Agreement, Licensee may terminate this Agreement without cause, and in its sole discretion, upon giving NETdelivery 30 days written notice. If Licensee terrmnates without cause, Licensee is not entitled to a refund of any amounts paid or owed. 11.2. Either party may terminate this Agreement if the other party breaches any term or condition hereof and such breach is not cured within fifteen (15) days after written notice thereof. This Agreement will terminate automatically if Licensee becomes insolvent or enters into bankruptcy, suspension of payments, moratorium, reorganization, or any other proceeding that relates to insolvency or protection of creditors' rights. Upon the termination of this Agreement for any reason, any amounts 6wed to NETdelivery under this Agreement before such termination wiil be immediately due and payable, all licensed rights to the Software and Documentation granted in this Agreement will immediately cease to exist, and Licensee must promptly discontinue all use of the Software, erase all copies of the Software from Licensee's computers, and return to NETdelivery or destroy all copies of the Software and Documentation on tangible media in L~censee's possession or control and certify in writing to NETdelivery that it has fuIly complied with these requirements. Upon termination of this Agreement, all obligations not expressly stated to survive shall terrmnate. 12. Miscellaneous. 12.1. Neither party to this Agreement shall employ or directly offer employment to (or utilize as an independent contractor) any employee or former employee of the other party to this Agreement. Such prohibition shall be effective only during the twelve(12) months following the terrmnation of any employee's employment. 12.2. Notices, copies of notices or other communications shall be sent to a party at the address set forth on the first page of this Agreement. All notices shall be effective upon delivery of the notice to the addressed party. 12.3. Neither party is the agent,_ employee, legal representative, franchise, partner or joint venturer of the other party for any purpose. 12.4. Neither party shall be liable for any failure to perform its ?blig~mns t, nder ~bm Agr,:¢m,'nt (otbe~ th,m ~bb~i~t~on~, ¢~f payment) ff prevented from doing so by a cause or causes, including Acts of God, or the public enemy, terrorism, fires, floods, storms, earthquakes, riots, strikes, lockouts, wars, or war operations, restraints of government or other cause or causes that could not, with reasonable dihgence, be controlled or prevented by the party. Any failure to perform shall be cured as soon as is reasonably practical by the non-performing party. If the non-performing party is unable to cure within 30 days, the other party has the fight to terrmnate. 12.5. The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Page 2 of 4 of Software License Agreement I. accnsee Initials __ NETdclivery Imtials ~ Government is subject to restrictions as set forth in subparagraph (cX1)(ii) of the Rights in Technical Data and Computer Sofavare clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as apphcable. Manufacturer is NETdehvery Corporation, 4725 Walnut Street, Boulder, CO 80301. Licensee will comply to the extent pemutted by law. 12.6. Neither party may assign or delegate any or all of its rights (other than the right to receive payments) or its duties or obligations hereunder without the consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Licensee shall be prohibited from assigning or delegating any or all of its rights or its duties or obligations hereunder to any third party service provider pursuant to an outsourcing arrangement or other similar arrangement. Either party may assign this Agreement, without consent of the other party, to a successor in interest to substantially all of the business of that party to which this Agreement relates. Any assignment in violation of the terms hereof shall be deemed null and void and of no force or effect. NETdelivery may subcontract any of the services set forth in this Agreement, prowded NETdelivery remains responsible and liable to Licensee for performance. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respectzve successors and assigns. 12.7. Failure by either party to exercise its rights under this Agreement shall not be deemed a waiver of any such rights. Waivers shall be made in writing. 12.8. If any provision in this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the applicable provision shall remain m effect to the maximum extent permissible by law. 12.9. Licensee shall be prohibited from exporting the Sofrware outside of the United States. 12.10.This Agreement and performance hereunder shall be governed in accordance with the laws of the State of Florida (except for any Florida choice of law principles). To the extent a party is not otherwise subject to personal jurisdiction before the state and federal courts in and for Palm Beach County, Florida, such party hereby submits itself to such jurisdiction for all purposes related to this Agreement. In addition, in any litigation arising under or related to this Agreement, the parties waive all objections based upon forum non conveniens, or any other premise, to the laying of venue before the state and federal courts in and for Palm Beach County, Floriday. 12.11. Licensee acknowledges and agrees that the Software may include or come bundled with software provided by third party licensors to NETdelivery (hereinafter "Third Party Llcensors"). For all software provided by Third Party Licensors to NETdelivery that is part of or bundled with the Soft'ware, Licensee agrees with and shall be bound by and shall abide at all times by all Third Party Licensor terms and conditions applicable to such Third Par/y Licensor sof~are, provided, that NETdelivery provides Licensee notice in writing of such terms and conditions. Such Third Party Licensor terms and conditions shall be stated on NETdelivery's website (http://www netdehvery, com) or in the Third Party Software L~cense Exh'b;t a~acl,~d 'o th~s Agreement ~ ExhL~.!L.C_ ,)~ on Third Party Licensor's websltes that are identified in such Third Party Software License Exhibit (collectively, the "Additional Terms and Conditions"}. An7 Additional Terms and Conditions are in addition to and supplement the terms and conditions provided in this Agreement. Licensee acknowledges and agrees that it will be subject to all Additional Terms and Conditions and that all such Additional Terms and Conditions shall be incorporated into the terms and conditions of this Agreement as if set forth fully herein. 12.12. Licensee acknowledges that NETdelivery may, in its sole discretion, change any Third Party Licensors that provide software that is a part of or bundled with the Software, or add or delete such software from the Software. NETdelivery agrees to use reasonable efforts to prevent any service interruptions associated with NETdelivery's decision, if any, to change Third Party Licensors. In the event that NETdelivery changes Third Party Licensors, NETdelivery shall provide Licensee with copies of any revised Additional Terms and Conditions, as applicable, or NETdelivery may provide L~censee with notification of changes in Third Party Licensors and refer Licensee to information posted on NETdelivery's website relative to that change. Upon notice of such revised Additional Terms and Conditions (in accordance with the foregoing sentence), Licensee agrees with and shall be bound by and shall abide at all time by such revised Additional Terms and Conditions and Licensee's continued use of the Sot~are shall be subject to all such revised Additional Terms and Conditions. If NETdehvery provides Licensee with revised Software reflecting such a change in Third Party Licensors, Licensee agrees that it shall promptly 0) implement and use the revised SoRware, and (ii) cease any and all use of and return or destroy all copies of the prior Software. 12.13. Sections 1~3, 4, 6, 8, 11 and 12 shall survive termination of this Agreement; provided, however, Sections 3 and l0 shall survive termination of this Agreement only for a period of twelve (12) months after the termination date. In addition, all payment obligations accrued prior to the date of terminatmn shall survive termination of th~s Agreement. 12.14.This Agreement may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same instrument. 12.15.The following Exhibits are attached to and made part of this Agreement: Exhibit A - Product Schedule Exhibit B - Maintenance and Support Addendum Exhibit C- Third Party Software License Addendum Exhzbit D - Nondisclosure Agreement Other exhibits and attachments may be made a part of this Agreement by mutual agreement and execution by the parties hereto. 12.16.This Agreement constitutes the entire and exclusive agreement between the parties and supersedes all previous communications or agreements, either oral or written w~th respect to the subject matter hereof. Notwithstanding any course of dealings of the parties at any time, no purchase order, invoice or similar document shall be construed to modify any of the terms of this Agreement, unless the document is 0) signed by NETdelivery and Licensee and (ii) expressly refers to all provisions of this Agreement that the parties intend to modify by such document. In the event that any term contained in any Product Schedule(s) is inconsistent with the mmn body of th~s Agreement, the term of this Agreement shall prevml but only to the extent necessary to resolve such conflict. [SIGNATURE PAGE FOLLOWS] Page 3 of 4 of Software License Agreement Licensee Initials NETdclivcry Initials ~ CH~550996.4 ,," NETdeliv_.ery' IN WITNESS WHEREOF, the parties, by their duly authorized representatives, have executed this Agreement as of the Effective Date. Licensee: City of Delray Beach NETdelivery Corporation, a Delaware corporation By: By: Print Name: Title: Print Name: Title: NETdelivery Initials __ Licensee Initials CHk550996.4 ' NETde iv_ ery' EXHIBIT A Software License Agreement Dated: PRODUCT SCHEDULE TO SOFFWARE LICENSE AGREEMENT ("Licensee") Name: City of Dclray Beach 'Address: 100 NW Fffst Avenue City, State Zip: Delray Beach, FL 33444 Telephone Number: 561-243-7000 ("NETdelivery") NETdclivery Corporation. 4725 Walnut Street Boulder, Colorado 80301 (303) 245-0071 This Product Schedule is attached to and made a part of that certain Software License Agreement dated as of the date set forth above by and between NETdelivery and Licensee (the "Software License Agreement"). In the event of a conflict between this Product Schedule and the other provisions of the Sol. are License Agreement, those other provisions shall govern. 1. DEFINITIONS Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Sol.are License Agreement. !. 1. "Development Environ,ment" means use of the Software by Licensee for purposes only of implementing the SoRware prior to its use iR a Testing Environment. 1.2. "Documentation" means those items set forth in Section 4 below. 1.3. "production Environment" means use of the Sofnvare by Licensee on an operational basis. 1.4. "Reifistered User" means an individual person who is a registered user on the Software. i.5. "Software" means thc specific products set forth in Section 3A to this Product Schedule, including NETdelivery standard Documentation. 1.6. "Tesfln~ Environment" means use of the Software by Licensee for purposes of internal testing or training only with a limited number of participants on a non-operational basis. 2. FEES: 2.1. Fe~. In consideration of the licenses granted under the Sol.are License Agreement and the products purchased, Licensee shall pay the fees set forth in Section 3 below. 2.2. Payment Terms for Fees. 100% of all fees listed in Section 3 below that are identified as payment due on the Effective Date shall be paid m US Dollars to NETdehvery upon execution &the Soffwaro License A~eerner~ .all fees listed in ~e~c~t~Q~ 3 below that are identified as payment due on mvmce shall be due and payable no Iater than thirty (30) days from the date on the invoice 2.3. Additional Registered Users. Licensee shall have the right to purchase at NETdelivery's then-current rate additional seats for Registered Users for use of the Software by issuance of a purchase order to NETdelivery identifying the number of additional Registered Users to be purchased and including full payment for such Registered Users. Licensee shall contact its Account Manager at NET&livery if it desires to purchase additional seats for Registered Users. Any additional purchase of seats for Registered Users shall be effective upon receipt by NET&livery of such a purchase order and payment for the Registered Users. Notwithstanding anything to the contrary contained herein, NET&livery expressly rejects any and all terms and conditions attached to or a part of such purchase order, except the number of seats for Registered Users purchased and the payment if consistent with this Product Schedule. Page I of 3 of Exhibit A Lic~ls~ NETdelivery Initials ~ CI-B550996.4 3. PRODUCTS: In consideration of payment of all applicable amounts and the terms and conditions of this Agreement, Licensee shall receive the following products: A. Software Qty. Limited to the List Price Fees Payment Duez Ship Date~ following Environments~ FormStream with Secure 1 Windows 2000 $75,000 $44,500 []invoice 09/30/02 Messaging including 150 User Licenses [] Invoice [-]Invo~ce 1-11nvo~ce B. Other Qty. Limited to the List Price Fees Payment Due~ Service following Daten Environments l On-Site Implementation 1 N/A $7,200 $0 Tbd [] Invmce Administrator and 1 N/A $4,800 $0 Tbd Formatta Designer []invoice Training (Travel not included) Conversion of 15 Forms 1 N/A $15,000 $0 Tbd [] Invoice Maintenance and 1 N/A $16,500 $5250 Support- Included for []Invoice first year Gold [ Total Due on Invoice Date: $49,750 1 Lmuted to the fo/lowing Envaronments means Development Environment, Testzng Enwronment or Produc~n En,aronment 2 If not marked, default i~ Effecuv~ Dale 4 Sers4ee Date mea~s the u~rge~ d~¢ for eonmaencemenl of serwees, whsch ss contingent upon Lseensee fulfilhng all of~ obhgalions to NETdehver~'s sa~fa~on 4. TRAINING: 4.1, Employees; Facility; Cogs. Licensee will be eligible to receive training ~rom NET&livery according to the lraining program identified in Section 3B above and for the fee set forth in Secnon 3B above. Training is iinuted to no more than fifteen (15) individuals per class. All training will be provided by NETdehvery at its Boulder, Colorado support facility. In addition to the fees set forth m SecUon 3B above, Licensee will be solely responsible for all expenses incurred by Licensee's employees in connection with such training, including without limitation, travel, meals and lodging expenses. 4.2. Requests for Additional Training. All requests for additional training services shall be made to Licensee's Account Manager at NET&livery. Upon receipt of such request, NETdelivery 'will prepare a work order to be executed- by both of the parties. Licensee will be charged for such additional training at NETdelivery's standard rates as then in effect. Such training will be provided once the work order is executed and ali fees associated with such additional training have been paid to NETdelivery. 5. OTHER SERVICES: If Licensee requests services not covered by this Product Schedule, the requested services shall be provided at the sole discretion of NETdelivery, at NETdelivery's then-current rates in effect. Any request to receive such additional services shall be subject to the terms and conditions of a separate ICCI Services Exhibit mutually executed by the parties and Licensee shall be required to pay NETdelivery additional fees and expenses for such services as provided for in the ICCI Services Exhibit and the applicable ICCI Services work order. Page 2 of 3 of Exhibit A Licensee Initials NETdehvery Initials ~ CH~50996.4 .. NETdeliy ery' ' b. OTHER INFORMATION: Licensee's Billing Contact Name, Address & Telephone Number: Licensee's Shipping or Delivery Contact Name, Address & Telephone Number: Joe Safford City of Delray Beach ! 00 NW First Avenue , Deiray Beach, FL 33444 561-243-7000 Richard Zuccaro CiW of Delray Beach 100 NW First Avenue Delra¥ Beach, FL 33444 561-243 -7000 Licensee's Legal Name, Address and Division: Same as Above Licensee's Project Manager Name and Phone Number: TBD Page 3 of 3 of Exhibit A Licensee lnaials NETdelivery Initials CH~550996.4 l , NETdeli r.y' EXHIBIT B Software License Agreement Dated: MAINTENANCE AND SUPPORT EXHIBIT ("Licensee") Name: City of Delra¥ Beach Adckcss: 100 NW First Avenue City, State Zip: Delray Beach, FL 33444 Telephone Number: 561-243-7000 ("NETdelivery") NETdelivery Corporation 4725 Walnut Street Boulder, Colorado 80301 (303) 245-0071 This Maintenance and Support Exhibit (the "Maintenance and Support Exhibit") is attached to and made a part of that certain Sof~3vare License Agreement dated as of the date set forth above by and between NETdelivery and Licensee (the "Software License Agreement"). In the event of a conflict between this Maintenance and Support Exhibit and the other prowsions of the Software License Agreement, those other provisions shall govern. 1. DEFINITIONS Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Software License Agreement. !.1. "Authorized Aeent" means an employee of Licensee who shall be the sole point of contact with NETdelivery with respect to all Maintenance and Support Services. t.2. "Error" means a material failure of the Software to operate in substantial conformity with the specifications and features set forth in the applicable Documentation, which failure is venfiabte and reproducible by NETdelivery. Notwithstanding anything contained in this Maintenance and Support Exhibit to the contrary, "Error" does not include, and NETdelivery will not have responsibility for, any of the following circumstances which adversely impact the operation of the Software or the ability of NETdelivery to provide Maintenance and Support Services' (a) the Software has been modified or damaged in any manner by any person or entity other than NETdelivery (unless. approved in writing by NETdelivery); (b) any person or entity other than NETdelivery misused or improperly used the Sol, ware; (c) the Software was used outside the scope of the license granted under the Software License Agreement; (d) the Software was installed or operated other than in accordance w~th the Documentation, including, but not limited to, on computer hardware other than for which the Software was designed; (e) Licensee is operating a version of the Software that is not supported under the terms of the Software License Agreement or this Maintenance and Support Exhibit; (f) the error is due to a malfunction of any third party soRware or hardware; or (g) use by Licensee of a version of any third party sof~ware that is incompatible with the version of the Software then in use as specified by NETdelivery in accordance with the Software License Agreement. 1 3. "Fix Time" means that NETdelivery will have used commercially reasonable efforts to have the Error repaired or a mutually satisfactory, workaround implemented within the applicable timeframe. In the case of a Severity Level 4 Error, if the next Minor Release is scheduled for distribution less than sixty (60) days following NETdelivery's receipt of the applicable Incident Report, the repair may be deferred to the next Minor Release. If NETdelivery Customer Support deterrmnes that the Error has been repaired in a Minor Release or Point Release already available to, but not yet implemented by Licensee, the Error will be deemed resolved upon notice to Licensee identifying the applicable Minor Release or Point Release that will remedy the Error. 1.4. '~lncident Report" means a written report submitted by an Authorized Agent to NETdelivery to inform NETdelivery of an Error. The Incident Report shall include a comprehensive written description of the Error. 1.5. "Initial Conlset" means that a NETdelivery Customer Support member (in the case of Severity Level I and 2 Errors), or an automatic response system (in the case of Security Level 3 and 4 Errors), will acknowledge receipt of an Incident Report regarding a Error f~om an Authorized Agent. The dates and times set forth in the table in Section 2.1 commence fi'om the date and time of NETdelivery Customer Support's receipt of such Incident Report, which if not made during the applicable Maintenance and Support Services hours shall be deemed made z;t the ~om,,~ence:~,cnt ofth~ ,~t M~mten~c¢ ~n.,t Suppor; Se,'x ~, e ~.,a~l,a. bd~ty hour~, 1.6. "Maintenance and Sunnort Servlces" means only the services expressly identified in Section 2.1 below and provided through call center and web site support to Licensee's Authorized Agents from NETdehvery's Boulder, Colorado support facility, according to which NETdelivery Customer Support personnel will address Errors per the applicable level of Maintenance and Support Services purchased by Licensee (i.e., Bronze, Silver or Gold) and per the applicable Severity Level. !.7. "Malor Release" means a product release of the Software containing or supporting substantial new functionality, new architecture or revised architecture; or major improvements in performance. A Major Release is identified by a change in the first decimal place (the x) in the release number of the structure xy.z. !.8. "Minor Release" means a product release of the Software containing or supporting minor features and Error corrections. A Minor Release is identified by a change in the second decimal place (the y) in the release number of the structure x.y.z. Page I of 4 of Exhibit B Licensee Initials NETdclivery Initials CH~550996.4 .' NETde iv_.ery' /'.9. "Point Release" means a "patch" release containing discrete Error corrections or improvements ct me Sottware. l, 10. "Professional Services" means any services provided by NETdelivery or requested by Licensee other than Maintenance and Support Services (e.g., on-site support). 1.11. "Response with Plan" means that a NETdelivery Customer Support member will provide a plan for determining the cause of the Error and repairing or implementing a workaround for the Error within the timeframe set forth in Section 2.1. 1.12. "Scheduled Release" means a Major Release, Minor Release, or Point Release to the Soflxvare that NETdelivery makes generally available to ~ts other licensees of the Software. Except as expressly agreed to between the parties in writing, NETdelivery is the sole determiner of the availability of a Scheduled Release and the designation of a Scheduled Release as a Major Release, Minor Release, or Point Release. Scheduled Release excludes sof~are releases that are designated by NETdelivery as new products or products separate from the Sot~vare. 1.13. "Severity Level 1" means an application critical Error such that a production server or business critical application is not operating, existing data is being corrupted/destroyed, or a likely security breach exists and for which a workaround does not exist or, in limited circumstances, is not acceptable for business critical reasons. I. 14. "Severity Level 2" means an Error of severe impact such that an application problem significantly decreases customer productivity' (periodic work stoppages, feature crashes) and for which there is no material impact to data integrity and a workaround may or may not be available. Seventy Level 2 Errors may include user interface issues, look and feel and/or textual issues, that impact business critical processes and for which a workaround is not feasible. 1.15. "Severlty Level 3" means an Error of degraded operations such that an application problem slightly impairs customer productivity and for which a workaround is available with minor impact to business processes. Severity Level 3 Errors may also include user interface issues, look and feel and/or textual issues, that do not impact business critical processes but for which a workaround is not feasible. 1.16. ".Severity Level 4" means an Error of minimal impact including obscure or infrequent problems. Severity Level 4 Errors may include issues related to documentation, user interface look and feel and/or textual changes, and customer subrmtted change requests. 2. MAINTENANCE -2. I. Maintenance and Support Services. Upon payment of all maintenance and support fees as set forth in Section 3 below, NETdelivery shall provide for the Term of this Maintenance and Support Exhibit the level of Maintenance and Support Services selected by Licensee as set forth below: Licensee has selected the following level of Maintenance and Support Services for the Term of this Maintenance and Support Exhibit: [] Bronze (default) [] Silver [] Gold , Response Times , Maintenance and Severity Initial Response with Fix Time Fees* ConditiOns Support Level: Level Contact Plan Bronze I I hour ! Business Day 5 Bu.siness Days First year fee is Available $ am. - 5 p.m. 2 4 hours 2 Business Days 30 days ~ 15% of Full (MT), M-F (Excluding US 3 24 hours 3 Business Days 90 days L~cense Fees Holidays). Includes Point Releases only. 4 48 hours 5' Busjness Days Next Minor Release Silver I I hour 8 hours 3 Business Days First year fee is Available 24 hfs (MT), M-F 2 4 hours I Business Day 21 days , , 18% of Full (Excluding US Hohdays) 3 24 hours 2 Business Days 60 days License Fees Includes Point Releases and Minor Releases only. 4 48 hours 3 Business Days Next,Minor Release Gold I 1 hour 4 hours 72 hours First year fee is Available 7 days a week, 24 2 4 hours 12 hours 14 days 22% of Full hours a day, 365 days per 3 24 hours 48 hours 60 days Lmense Fees calendar year. Includes Point Releases and M~nor Releases 4 48 hours 72 hours Next Minor Release only. * NETdelivery ~¢serves ,-he right to increase ,my fec~ m accordance with Sgction 3.2 below. "Full License Fees" means the aggregate amount of fees under the "List Price" column in the table included in Section 3A of the Product Schedule. 2.2. Limitations on Maintenance and Support Services. 2.2. !. Software. NETdelivery will provide thc Maintenance and Support Services solely for the Software licensed under the Software License Agreement. Maintenance and Support Services do not cover, and expressly exclude, customer support or services not related to Error resolution of the SoRware, such as "how to" inquiries from Lmensee or Licensee's Users relating to the use of the Software. 2.2.2. Times. Except as expressly provided herein, dates and times set forth in this Maintenance and Support Exhibit are based on Boulder, Colorado, USA local time. US Holidays will be posted on NETdehvery's Web Site. Page 2 of 4 of Exhibit B Licensee Intgais NETdelivery Initials ~ CFB550996.4 NETdeliv_qr..v' 2.2.3. Autl~Orlzed Agents as Sole Point oI Contact. Subject to the terms and conditions otthls Maintenance ancl Support Exhibit, NETdehvery will provide the Maintenance and Support Services only to Licensee's Authorized Agents. Licensee shall have the right to designate up to two (2) Authorized Agents. NETdelivery shall not be required to accept calls or requests from anyone other than the Authorized Agents. Licensee may change ~ts Authorized Agents by providing written notice of the new Authorized Agents to NETdelivery. NETdelivery is not required to provide any Maintenance and Support Services directly to L~censee's customers (the "Users"). Licensee shall use its best efforts to ensure that any communications by Users regarding issues relating to the Software shall be directed to Licensee's personnel and not to NETdelivery Customer Support or any other NETdelivery representatives. If a User contacts NETdelivery Customer Support or other NETdelivery representatives regarding any of the foregoing issues, NETdelivery shall have the right to refer such User to Licensee's personnel. Licensee's Authorized Agents are: Name: Tina Lunsford Address: 300 North Atlantic Avenue, Delray Beach, FL 33444 Telephone No. (561) 243-7833 E-Mail: Lunsford~ci.delray-beach.fl.us Name: City of Delray MIS Address: 100 NW First Avenue, Delray Beach, FL 33444 Telephone No. (561) 243-7000 2.2.4. Releases. NETdelivery shall have the sole discretion to determine the categorization, scope, availability and timing of development of any new releases of the Software, including, without hmitation, any Point Releases, Minor Releases or Major Releases, and the designation of any such release as a Point Release, Minor Release or a Major Release. 2.2.5. Ownership; License. NETdehvery shall, and does hereby, exclusively and solely own all rights, titles, and interests in and to all releases of the Software, including, without hmitation, all Point Releases, Minor Releases and Major Releases. All Point Releases, Minor Releases and Major Releases shall be included in the definition of and deemed part of the "Software," as defined in the Software License Agreement. All such Software will continue to be subject in all respects to the terms of the Software License Agreement. 2.2.6. Service Delivery. (a) Authorized Agents may call NETdehvery Customer Support directly for Severity Level 1 or 2 issues. Severity Level 3 or 4 issues are reported through a special support website ("Support Website"). The Support Website provides frequently asked questions ("FAQS") and answers ("Answers") and a searchable knowledgebase of known problems/answers used in problem deterrmnat~on by the involved parties. Licensee will make the initial determination of and report the Severity Level of any Error to NETdehvery in accordance with this Agreement; provided, that NETdelivery will make the final determination as to the Severity Level of any Error in its reasonable discretion. Severity Levels may be upgraded or downgraded at NETdelivery's reasonable discretion. Ail content provided on the Support Website shall be deemed the Confidential Information of NETdelivery pursuant to the terms of the Software L~cense Agreement. (b) NETdelivery will provide a proactive Alert Reporting Service for informing Licensee of potentially detrimental Software issues. (c) NETdelivery may, from time to time, provide Software update releases to Licensee. NETdelivery reserves the right to charge Licensee additional license fees generally applicable to other NETdelivery customers for major Software version updates or releases containing new features or enhanced functionality. (d) Licensee shall provide NETdetivery with all information reasonably requested by NETdelivery to assist with the verification and resolution of any reported Error. Licensee shall cooperate to allow NETdelivery to verify the Error and develop a solution. NETdelivery will make commercially reasonable efforts to correct Errors reported by the Licensee within the timeframes set forth in this Maintenance and Support Exhibit. (e) NETdelivery reserves the right to provide Maintenance and Support Services only for the two (2) most current generally available releases of the Software. Notwithstanding the foregoing, NETdelivery will use reasonable commercial efforts to provide Maintenance and Support Services for earlier releases of Software for a minimum of twelve (12) months following the availabd~ty of a subsequent release of such Software (0 Maintenance and Support Services may be provided on a "dispatch" basis, meaning that calls or support requests submitted via the NETdelivery Customer Support website may be answered by an automated attendant that will subsequently contact support personnel who will return the call. Before Licensee may escalate a suspected Error to NETdelivery for resolution, Licensee shall first complete the following: (~ reproduce and vahdate the Error; (ii) confirm that the system configuration and all settings are properly set in accordance with the applicable Documentation; (iii) use its commercially reasonable efforts to investigate and resolve such Error; (iv) be unable to resolve the Error even after such efforts; and (v) submit to NETdelivery an Incident Report regarding the Error. Page 3 of 4 of Exhibit B Licensee Initials NETdelivery Initials C~5~6.4 ,. NETdefiv ery" Each Incident Report shall include, as applicable, thc following information: (i) a listing of output and any other data relating to such Error; (ii) the operating conditions under which thc Error appears (including steps to reproduce); (iii) applications, programs and versions used; (iv) any information required or set forth in the Support Website FAQs; (v) any relevant screen images and error messages; and (vi) any other information that NETdelivery may reasonably require to reproduce the Error. (i) Licensee shall cooperate with and assist NETdelivery on a timely basis with NETdelivery's efforts to provide the Maintenance and Support Services. Any delay or failure by Licensee to provide reasonably necessary cooperation or assistance on a timely basis may cause delays in NETdelivery's Response vnth Plan or Fix Time desc~bed in Section 2.__~I above. Licensee agrees that notwithstanding anything to the contrary, any delays in NETdelivery's Response with Plan or Fix Time so caused shall not constitute a breach of this Maintenance and Support Exhibit. 3. Maintenance and Support Fees. 3.1. Maintenance and Support Fees; Payment Terms. In consideration of the Maintenance and Support Services provided under this Maintenance and Support Exhibit, Licensee shall pay to NETdelivery the fees set forth in Section 2.1 above. Upon renewal, NETdelivery shall invoice Licensee annually in advance for the Maintenance and Support Fees. Such fees shall be due and payable by Licensee no later than thirty (30) days from the date on the invoice. All fees due and payable hereunder are non-refundable. 3.2. Change in Maintenance and Support Fees. NETdelivery may, upon written notice to Licensee, increase the fees for Maintenance and Support Services provided under this Maintenance and Support Exhibit for the Software, effective on or before the annual renewal date of the Mmntenance and Support Services. 3.3. Maintenance Reinstatement Fee: 150% of all unpaid Maintenance and Support Fees calculated at the then-current rate for the level of support most recently purchased by Licensee, if any. NETdelivery will not be required to provide Maintenance and Support Services for releases other than the preceding two (2) releases of the Software. If Licensee uses a version of the Software no longer supported by NETdellvery, in NETdelivery's sole determination, Licensee will be required to purchase a more current release of the Software which is supported by NETdelivery. Licensee will be charged for such new release at NETdelivery's rate then in effect for such release in addition to all other fees set forth in this Section 3.3. 4. Certain Licensee Obligations. 4.1. Cooperation. Licensee shall cooperate and assist NETdelivery in the performance of all aspects of Licensee's obligations hereunder that reasonably require Licensee's cooperation and assistance. Failure of Licensee to so cooperate and assist shall excuse NETdelivery's performance. 4.2. Examples. Examples of cooperation and assistance may include, depending on the applicable services, access to systems and facilities, attendance at meetings, availability for conference calls, availability of personnel and prompt decision-making at an appropriate management level, and performance of all services not expressly allocated to NETdelivery. Professional Services. NO Professional Services (e.g., development and consulting services) are included under this Maintenance and Support Exhibit. Any request to receive Professional Services shall be subject to the terms and conditions of a separate ICC1 Services Exhibit mutually executed by the parties and Licensee shall be required to pay NETdelivery additional fees for such services as provided for in the ICCI Services Exhibit and' the applicable ICCI work order. If Licensee requests services not covered by this Maintenance and Support Exhibit, the requested services shall be provided at the sole discretion of NETdelivery pursuant to the terms of this Section 5. 6. Term and Termination. 6.1.1. Term. This Maintenance and Support Exhibit will become effective upon payment of the Maintenance and Support Fees as provided for in Section 2 above and Sectign 3 of the Product Schedule and will continue for one (1) year thereal~er unless terminated earlier in accordance with this Maintenance and Support Exhibit (the "Term"). Thereafter, the Term of this Maintenance and Support Exhibit shall automatically~ renew for successive one (1) year periods, unless either party provides written notice of non-renewal to the other party of at least thirty (30) days prior to the commencement of a renewal period m which event the obligations in this Maintenance and Support Exhibit shall terminate on the last day of the then-current one (1) year term. Notwithstanding the foregoing, NETdelivery shall not be obligated to provide Maintenance andt Support Services unless and untd ali applicable Maintenance and Support Services fees are paid in full in advance for the applicable period. 6.1.2. Other Termination. Licensee may terminate this Maintenance and Support Exhibit at any time upon written notice to NETdelivery at~ least thirty (30) days prior to the effective date of such termination. Page 4 of 4 of Exhibit B Mc~s~ Initials NETdclivery Initials CH~550996.4 .,- NETdel v er.v' EXtlIBIT C Software License Agreement Dated: THIRD PARTY SOFTWARE LICENSE EXHIBIT ("Licensee") Name: City of Delra¥ Beach Address: 100 NW First Avenue City, State Zip: Delra¥ Beach, FL 33444 Telephone Number: 561-243-7000 ("NETdelivery") NET&livery Corporation. 4725 Walnut Slzect Boulder, Colorado 80301 (303) 245-0071 This Third Party Sofb~vare License Exhibit (thc "Third Party Software License Exhibit") is attached to and made a part of that certain Software License Agreement dated as of the date set forth above by and between NET&livery and Licensee (thc "Software License Agreement"). In the event of a conflict between this Third Party Sol.are License Exhibit and thc other provisions of thc Software License Agreement, those other provisions shall govern. Capitalized terms used but not otherwise defined herein shall have thc respective meanings ascribed to such terms in thc Software License Agreement. The Software licensed by Licensee is part of or bundled with software provided by the following Third Party Licensors. Licensee agrees with and shall bc bound by and shall abide at all time by all third Party Licensor terms and conditions applicable to such Third Party Licensor software. Such Third Party Licensor terms and conditions may be found on the web sites identified below. 1. JNT License from eworksmart. The terms and conditions of the JNT License can be found at http://www.eworksmart.corn/JNT/Download.htm 2. IBM Public License Version 1.0 fi.om International Business Machines Corporation. The terms and conditions of the IBM Public License can be found at http://oss..soflware.ibm com/developerworks/oss/hcensel0.html 3. The Apache Software License, Version 1.1 fi.om The Apache Foundation. The terms and conditions of the Apache Software License can be found at http://xrnl.apache.orgtdist/LICENSE.txt Page 1 of I of Exhibit C Licensee Initials NETdelivery Initials CH~$0996,4 EXHIBIT D Nondisclo,sure Agreement (Attached) Page 1 of 1 of Exhibit D Licensee Initials NETdelivery Imtials __ MUTUAL NON-DISCLOSURE AGREEMENT ("Company") Name: Ci~W of Delrav Beach AddreSs: 100 NW First Avenue City, State Zip: Delray Beach, FL 33444 Telephone Number: 561-243-7000 ("NETdelivery") NETdelivery Corporation 4725 Walnut Street Boulder, Colorado 80301 (303) 245-0071 This Mutual Non-disclosure Agreement ("Nondisclosure Agreement") is entered into as of__~ (the "Effective Date") by and between NETdelivery and the Company (individually, a "Party" and collectively, the "Parties"). In consideration of the provision of certain information and the performance of the Purpose, as defined below, the Parties hereto agree as follows. the Purpose shall be deemed to be the subject of the agreement(s) to which this Nondlsclosure Agreement is attached, 1. Definitions. As used herein: !.1. "Confidential Information" shall mean any and all tangible and intangible information, whether oral or in writing or in any other medium, relating to the management, operatmns, products, inventions, financial condition, financial results, and financial projectmns of either Party, including, but not limited to, any software licensed by NETdelivery to the Company in connection with the Purpose ("Software"), and any and all related trade secrets, know- how, designs, drawings, schematics, formulations, ingredients, samples, processes, machines, prototypes, mock-ups, processing and control information, product performance data, manuals, suppher lists, customer lists, purchase and sales records, marketing information, and computer programs, whether developed by the Owner (defined below) or fummhed to such Party by third parties. Confidential Information shall not include Excluded Information (defined below). !.2. "Excluded Information" shall mean information that would otherwise constitute Confidential Information and that (i)is generally available to or-known by others vathin the industry of either Party other than as a result of a disclosure made by the Recipient (defined below) or its Representatives in breach of this Nondisclosure Agreement; 0i)was available to the Recipient on a nonconfidential basis prior to disclosure by the Owner; (m)is disclosed to the Recipient on a nonconfidential basis from a third- party, provided that the Recipient is not, in good faith after reasonable inquiry, aware that such source is or was bound by a confidentiality agreement or otherwise prohibited from transn~tting the information to the Recipient by any contractual, legal, or fiduciary obligation or by any other obligation enforceable by law or in equity; Or (iv) is hereafier ~ndependently developed or compiled by the Recipient without the aid, application, or use of the Confidential Information. In the event of a dispute or litigation between the Parties, the Party accused of improperly disclosing or using Confidential Information shall have the burden of proving, by clear and convincing evidence, that any information disclosed or used by such Party or its Representatives and claimed to be excluded under this Secuon i 2 ~, ~ot m fact C 3nfiden~al lnformatmn or derived from Confidential Information. 1.3. "Owner" shall mean the Party owning or otherwise controlling Confidential Information and disclosing such Confidential Information to the other Party. 1.4. "Recipient" shall mean the Party receiving Confidential Information of the other Party. 1.5. "Representative(s)" shall mean any or ali of the following affiliates of a Party: agents, consultants, contractors, bankers, business advisers, financial advisers, scientific advisers, technical advisers, or any third party that a Party desires to provide access to Confidential Information of the other Party. Notwithstanding the foregoing, neither Party shall disclose the Confidential Information to any competitor of the other Party or any person or entity affiliated with such a competitor and no such person or entity shall be deemed a Representative. 2, Use of Confidential Information. Confidential Information will be used by the Recipient solely for the purposes of fulfilling its obligations under the Purpose. Such use shall cease at any time when the Purpose has been completed (e.g., if the Purpose is entering into and/or performance of an agreement such as a software license agreement, then the completion of the Purpose shall be deemed to occur on the termination of that agreement in accordance with its terms). The Recipient and its Representatives will not use the Confidential Information of the Owner directly or indirectly for any other purposes without the prior written consent of the Owner. Each Party shall maintain the confidentiality of the Confidential Information of the other Party with the same degree of care that it uses to protect its own Confidential Information but in no event less than a reasonable degree of care. 3. Nondisclosure. 3.1. Each Party shall disclose the Confidential Information of the other Party or any pai't of it only to its Representatives who need to know such information for the Purpose and who are bound by confident~ahty and non-use obligations that are consistent with the provisions of this Nondisclosure Agreement. Each Party shall be responsible for breach of this Nondisclosure Agreement by its Representatives. 3.2. Notwithstanding the foregoing, a Recipient shall be permitted to d~sclose the Confidential Information of the Owner if such disclosure is required by operation of law or by order of a court of competent jurisdiction, 4. Return of Confidential Information. Promptly, upon the request of the Owner, the Recipient will return to ~h, Owner a~l cop~es of the Confide~n~! tnformat,on furnished to the Recipient by the Owner, together with all copies of any of the same, or any pm thereof, made by the Recipient or its Representatives. 5. Disclaimer of Warranty. The Parties acknowledge that thc Confidential Information may relate to processes or products that are theoretical, developmental and may or may not have been reduced to practical application in prototype form. Accordingly, the Parties understand that neither Party (nor any of its officers, directors or employees) has made or Page 1 of 3 of Mutual Non-disclosure Agreement Company Initials __ NETdelivery Initials ~ CH_DOCS~373636.1 [W97] makes any representation or warranty as to the accuracy, completeness, or value of the Confidential Information. THE PARTIES ARE PROVIDING THE CONFIDENTIAL INFORMATION UNDER THIS AGREEMENT "AS IS" AND EACH PARTY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. NEITHER THE DISCLOSING PARTY (NOR ANY OF ITS OFFICERS, DIRECTORS OR EMPLOYEES) SHALL HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY OF ITS REPRESENTATIVES RESULTING FROM SUCH PARTY'S USE OF THE CONFIDENTIAL INFORMATION. Nothing herein shall serve to lmut or modify any remedies or limitations contained in any of the agreements executed by the Parties to which this Nondisclosure Agreement is attached. 6. Survival of Provisions. The obligations of the Parhes under the terms of this Nondiselosure Agreement shall continue for so long as any Confidential Information continues to exist or the longest period of time permitted by applicable law. 7. Injunctive Relief. The Parties acknowledge and agree that, with respect to the Confidential Information of the other Party: (a) the Confidential Information is proprietary to and valuable information of its Owner; (b)the Owner derives econormc value from the Confidential Information not being generally known to other persons; (c)any disclosure or unauthorized use of the Confidential Information could cause ~rreparable harm and Ioss to the Owner; (d) monetary damages would be inadequate to compensate the Owner for a breach of this Nondisclosure Agreement; and (e)in addition to any other remedy available in law or in equity, the Owner shall be entitled to injunctive relief in order to enforce the terms of this Nondisclosure Agreement and to an order compelling specific performance of this Nondisclosure Agreement. 8. No License. Except for the limited right to use the Confidential Information as set forth above, nothing in this Nondisclosure Agreement shall be construed as a grant of or as an intention or commitment to grant to Recipient any right, title or interest, of any nature whatsoever, in or to the Confidential Information, any inventions or other intellectual property or any products or processes encompassed thereby, or any improvements or developments thereon. 9. Miscellaneous. 9.1. Notices, copies of notices or other communications shall be sent to a Party at the address set forth on the first page of this Nondisclosure Agreement. All notices shall be effective upon delivery of the notice to the addressed Party. 9.2. Neither Party is the agent, employee, legal representative, franchise, partner or joint venturer of the other Party for any purpose. 9.3. Neither Party shall be liable for any failure to perform its obhgauon~ u~der rhr~ Nond~sclosure Agreement If prevented from doing so hy a cause or causes, including Acts of God, or the public enemy, terrorism, fires, floods, storms, earthquakes, riots, strikes, lockouts, wars, or war operations, restraints of government or other cause or causes that could not, with reasonable diligence, be controlled or prevented by the Party. Any failure to perform shall be cured as soon as is reasonably practical by the non-performing Party. 9.4. Neither Party may assign or delegate any or all of its rights or its duties or obligations hereunder without the consent of the other Party, which consent shall not be unreasonably withheld. E~ther Party may assign this Nondisclosure Agreement, without consent of the other Party, to a successor in interest to substantially all of the business of that Party to which this Nond~sclosure Agreement relates. This NOndmclosure Agreement shall be binding upon, and shall inure to the benefit of, the Part, es hereto and their respective successors and assigns. 9.5. Failure by either Party to exercise its rights under this Nondisclosure Agreement shall not be deemed a waiver of any such rights. Waivers shall be made in writing. 9.6. If any provision in this Nondisclosur~ Agreement is determined to be invalid or unenforceable, the remaining provisions of this Nundlsclosure Agreement shall not be affected thereby and shall be binding upon the Parties hereto, and shall be enforceable, as though the invalid or unenforceable provision were not contained herein. 9.7. This Agreement and performance hereunder shall be governed in accordance with the laws of the State of Florida (except for any Florida choice of law principles). To the extent a party is not otherwise subject to personal jurisdiction before the state and federal courts in and for Palm Beach County, Florida, such party hereby submits itself to such jurisdiction for all purposes related to this Agreement. In addition, in any litigation arising under or related to this Agreement, the parties waive all objections based upon forum non conveniens, or any other premise, to the laying of venue before the state and federal courts in and for Palm Beach County, Florida. 9.8. This Nondisclosure Agreement shall survive the termination of any or all of the agreements executed by the Parties to which it is attached. ISIGNATURE PAGE FOLLOWSI Page 2 of 3 of Mutual Non-disclosure Agreement Company Initials NETdehvery Initials CH_DOCS~373636.1 [W97] IN WITNESS WHEREOF, the Parties, by their duly authorized representatives, have executed this Nondisclosure Agreement as of the Effective Date. Company: City of Delray Beach a NETdelivery Corporation, a Delaware corporation By: By: Print Name: Title: Print Name: Title: CH_DOCS~373636.1 [W97] Page 3 of 3 of Mutual Non-disclostwe Agreement AGENDA ITEM NUMBER' AGENDA REQUEST Request to be placed on: Date: 10-14-02 x Consent Agenda __ Special Agenda Workshop Agenda When: 10-15-02 Description of agenda item: Approval of the purchase of Netdelivery Software ;n the amount of $49,750 Funding to come from 115-2111-521-66.10. Approval of Netdelivery Software L~cense Agreement for th~s purchase (see attached memorandum from Police Legal Adwsor) ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached YES NO YES NO X Recommendation: Approval is recommended by Police Department and Police Legal Advisor Department Head Signature: Determination of Consistency with Comprehensive Plan: n/a City Attorney Review/Recommendation (if applicable): from Police Legal Advisor see attached memorandum Budget Director Review (required on all items involving expenditure of funds): Funding available' Yes No Funding alternatives (if applicabTe) Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved D~sapproved P.O. # TO: THRU: FROM: SUBJECT: DA,~ .. /2 ?IjE_..N~C. !~T. HAR EN, I? MANAGER P~U~"~LI~>~'."~I'~CTOR OF PLANNING AND ZONING MICHELLE HOYLAND, SENIOR PLANNER,~.~ ~--- '(_2 MEETING OF OCTOBER 15, 2002 CONSIDERATION OF A WAIVER REQUEST TO LDR SECTION 2.4.6(H) (TEMPORARY USE PERMITS) TO ALLOW AN OFF-SITE TEMPORARY SALES OFFICE FOR THE CALYPSO BAY DEVELOPMENT. Calypso Bay is a 6-unit townhouse project to be located on the west side of Gleason Street approximately 100' south of Miramar Drive. The SPRAB (Site Plan Review and Appearance Board) approved a Class V site plan for the subject property on August 14, 2002. With the compact nature of the development, location of an on-site sales trailer during construction cannot be accommodated. Therefore, the applicant has requested permission to utilize an existing single family residence as a temporary sales office immediately to the north. The property currently contains a one story single family home with on-street parking within the right-of-way. The Chief Building Official has authority to approve temporary sales offices when they are located on the same property as the actual development. As the proposed sales office is to be located off-site, City Commission approval of a waiver to Section 2.4.6(H)(3) (Temporary Use Permits) is required. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting 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. The proposed sales office is located immediately to the north of the Calypso Bay development adjacent to the north property line. While Gleason Street is the primary access to The Calypso Bay development, Miramar Drive will be the primary access to the sales office. The sales office will contain display items such as color renderings, samples, etc. The existing single family home has a single parking space on-site and on-street parking within the Miramar Drive right-of- way which is non-conforming. The proposal includes removal of the on-street parking and the construction of a four (4) space asphalt parking area adjacent to Miramar Drive containing three standard parking spaces and one handicap accessible space. With the removal of the back-out City Commission Documentation Temporary Use Permit for a Sales Office Associated with Calypso Bay Page 2 parking, the right-of-way will be landscaped as required by code. It is noted that the new northeastern parking space will encroach into the adjacent right-of-way by approximately nine inches (9") and the 6' x 24' maneuvering area will be provided for all spaces with the exception of the handicap accessible space, which will only have a 5' x 24' maneuvering area. While these items do not meet the requirements of the Land Development Regulations they are temporary and will represent a significant reduction in the existing non-conforming parking. The DSMG (Development Services Management Group) reviewed the proposal and recommended approval subject to the conditions that the sales office be limited to this development sales operation only and that a specific time period be applied. A similar waiver was granted to accommodate an off-site sales trailer for the Coral Trace development, north of Atlantic Avenue and the Estuary development east of Federal Highway. The applicant has indicated that this structure will be returned to its original use as a single family home once the Calypso Bay development is sold. The waiver request will not adversely affect the neighboring area, diminish the provision of public facilities, nor create an unsafe situation. Granting the waiver will not result in a special privilege, as the same request would be granted under similar circumstances for other projects. Based upon the above, a waiver is recommended. By motion, approve a Temporary Sales Office Permit for the utilization of an existing single family home as a temporary off-site sales office for Calypso Bay, based upon positive findings to LDR Section 2.4.7(B)(5), subject to the following conditions: 1. That a landscape plan be submitted for approval by the City Horticulturist; 2. That the sales office be permitted for a period not to exceed twelve (12) months; and, 3. That the only sales operation to be conducted from this location be for the six (6) unit Calypso Bay development. Attachments: · Letter of Request · Sales Office Site Plan · Location Map ELIOPOULOS ARCHITECTURE, INC. Architecture, Planmng + Design AA0003179 September 9, 2002 Ms. Michelle Hoyland City of Dekay Beach Planning and Zoning Department 100 N. W. 1 st Avenue Delray Beach, Fl. 33444 Re: Calypso Bay/Sales Office 1020 Miramar Drive, Block D, Lot 13 Dear Michelle: Please accept this letter to request a waiver from the City Commission to allow the use of the existing abutting residential one story structure located at the above referenced address, for a temporary sales office based on the following reasons and conditions: Item #1: The Owner has a unique situation in the fact that they own the proposed residential structure which is directly abutting to the above referenced project. This existing structure would be used as a temporary sales office and then after the six units are sold, the structure will be renovated/n the same style of architecture as Calypso Bay and sold. Item #2: Most of the sales activity will be taken care by the real estate office of Jack De Niro. This proposed structure will have typical items on display associated with the above referenced project such as kitchen cabinets, flooring, renderings and models etc. Item #3: The from of the existing structure has parallel parking ~aces which are in the "Right of Way". The attached proposed site plan shows (4) new parking spaces abutting up to the North property line (Miramar Drive). These are for reference only as we are still waiting on further direction from Planning and Zoning and the Building Deparanent. Item ~4: We are currently preparing the drawings of the ex/sting structure for a interior buildi~ng permit which would address any of the required needs of a commercial sales office. Item #5: Pending direction from Planning and Zoning and a decision from the City Commission, we would then prepare the drawings for the exterior for a SPRAB submittal and approval. 205 George Bush Blvd. · Delray Beach, FL 33444 · Phone: (561) 276-6011 · Fax: (561) 276-6129 · E-mail: GPE@AOL.COM _ ~ MI_RAMA.~R - DR'IV~ N ~0 N.E. 1ST ~ VETERANS PA RK ATLANTIC PLAZA AT 0 ANT SRD 0 SEA GA TE TOWERS LOWRY STREET DELRA Y > SUMMIT ~ b.....~~<l;=:=~ GROVE CONDO '<'' ~ [.~, CONDO TERRACE I ,U., l'--r'-r-~l"'l SPANISH C°NO°l Ilfl 151 R/VER I , I, I !i!PI RESORT I WA TERWA Y EAST COMMERCIAL CONDO BAR WARBOUR CONDO AVENUE GROSVENOR HOUSE MANOR HOUSE CONDO FIRE DELRA Y BEACH MARRIOTT MIRAMAR STREET DOVER HOUSE CONDO OCEAN PLACE CONDO COCONUT ROW INGRAHAM JARDIN DEL MAR / CONDO OCEAN T~RR WINDEMERE CONDO LANGER WAY STREET LANIKAI VI~_AS CONDO N CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT CALYPSO BAY TOWNHOMES ---- DIGITAL ~,4S.¢ MAP SYET.~M -- MAP RET LM656 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~i~ AGENDA ITEM # -~25 - REGULAR MEETING OF OCTOBER 15, 2002 AWARD OF CONTRACT/ARTHUR J, GALLAGHER OCTOBER 11, 2002 This is before City Commission for authorization to award a renewal contract to various insurance companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty Insurance Policies. The present plan expzred on September 30, 2002. Arthur J. Gallagher entered the marketplace to renew our property and casualty insurance polities and encountered a "hard" insurance market similar to that being experienced across the country at this time. They presented the City with two (2) options after their review of responses from careers. Staff recommends Option (2) without the third party excess liability premium, bound by Arthur J. Gallagher per our instructions to be effective October 1, 2002. Option Two (2) without the excess liability premium of $120,836.00 totals $1,274,051.00 which is $63,110.00 over our projected budget which can be covered through our Project Reserve Account. Recommend approval to award a renewal contract to various insurance companies for the City's Property and Casualty Insurance Policies at an annual premium of $1,274,051.00. S:\C~ty Clerk\chevelle folder\agenda memos\ Contract Award ArthurGallagher. 10 15 02 To: From: Date: Subject: David T. Harden, City Manager Joseph M. Sa~nance Director October 8, 2002 Renewal of Property and Casualty Insurance Policies Arthur J. Gallagher, our insurance broker/agent, recently entered the marketplace to renew our property and casualty insurance policies expiring September 30th. In doing so, they encountered a "hard" insurance market similar to that experienced across the county at this time. The current insurance carriers are being impacted from costs relating to prior major storm damage, terrorist threats and attacks, and the economic downturn as it impacts their investment returns. Florida has seen major carriers exit the state and those remaining are seeking exorbitant increases in premiums or are simply not covering any property exposures anywhere near the coastlines. The City of Delray Beach insurance report is attached for your review and distribution to the City Commission. Following the review of the various limited responses from carriers, Arthur J. Gallagher presented the City with two (2) options. Basically, Option 1 would require a 65% increase over premium levels experienced this past year. This option essentially covers our total property values of $67,962,761 after a $75,000 SIR (self-insured retention, deductible), our workers compensation claims up to statutory limits after a $175,000 SIR with $175,000 being contributed to the Loss Fund of $2,675,000, and our third party excess liability of $5,000,000 following a $100,000 SIR and a $900,000 additional deductible. It should also be noted that this option has a $500,000 deductible under our property coverage for a named windstorm instead of the $75,000 SIR. Option 2 would require a 46% increase over premium levels experienced this past year. This option essentially covers our total property values of $67,962,761 after a $75,000 SIR (self-insured retention, deductible), our workers compensation claims up to statutory limits after a $250,000 SIR with only $100,000 contribution to the Loss Fund of $2,360,000, and our third party excess liability of $5,000,000 following a $100,000 SIR and a $900,000 additional deductible. It should also be noted that this option has a $500,000 deductible under our property coverage for a named windstorm instead of the $75,000 SIR. Following a review of these two options, it was agreed that the City of Delray Beach would choose Option 2 without the third party excess liability coverage of $5,000,000 since the premium of $260,000 represented a 230% increase over the past year. We only purchased this coverage this past year and we feel this unbudgeted increase was too much to cover. Option 2 without the third party excess liability coverage was bound by Arthur J. Gallagher effective October 1~t per our instructions. We would ask for the City Commission to approve our choice of Option 2 without the third party excess liability coverage at the City Commission meeting of October 15th. Option 2 without the excess liability premium of $120,836 would be $1,274,051 which is $63,110 over our projected budget. We will cover this through our Project Reserve Account. Thank you for your timely assistance to this process. Cc: Frank Babin, Risk Manager · · [] · · [] [] AGENDAITEM NUMBER: AGENDA REQUEST Date: 10-09-02 Request to be placed on: X Consent Agenda Special Agenda Workshop Agenda When: 10-15-02 Description of agenda item: Renewal of the City's Property and Casualty Insurance Policies without the third party excess hab~hty coverage with Arthur J. Gallagher effective October 1, 2002 at an annual premium of $1,274,051. (See attached memorandum) ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached' YES NO X YES NO Recommendation: Approval is recommended by F~nance Director and R~sk Manager Determination of Consistency with Co~rehensive Plan: n/a ~" City Attorney Review/Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives (If applicable)' Account Number: Vanous Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until' Agenda Coordinator Review: Received: Acbon: Approved: D~sapproved. P.O. # DELRAY BEACH AII-AmericaCity 1993 2001 FROM: lo0 N.W, 1st AVENUE MEMO DUM David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager DELRAY BEACH. FLORIDA 33444 DATE: October 8, 2002 SUBJECT: AGENDA ITEM REGULAR CITY COMMISSION MEETING OCTOBER 15, 2002 APPROVAL AMENDMENT NO. 3 TENNIS CENTER MANAGEMENT AGREEMENT 561/243-7000 ACTIOW City Commission is requested to approve Amendment No. 3 to the Tennis Center Management Agreement dated September 29, 1999. BACK6ROUND Attached is a request from Dubin and Associates requesting that the management fee be adjusted back to $44,000 per year ($3,666.66 per month) as was agreed to in the September 29, 1999 original agreement. Last October at the request of the management company the fee was reduced to $25,008. The reduction was due to the hiring of a Director of Tennis resulting in reduced time spent on the account by the management staff. The Tennis Center management duties have been reorganized with responsibilities reassigned to other staff since the resignation of the Tennis Director. The reorganization has resulted in the need for corporate staff to spend more time on this account. The fee requested is the same as it would have been if the fee was not reduced last year. With staff changes and other expense reductions, the net impact of the change is a $4,750 reduction in budgeted expenses for FY 2003. RI~COMMF..NDATION Staff recommends considerations and approval of Amendment No. 3 to the Tennis Center Management Agreement dated September 29, 1999. RAB/tas cc: Brahm Dubin Ffl¢:U:SWEENEY/AGENDA Doc:Amendment No 3 Tennis Center Prlnted on Recycled Paper THE EFFORT ALWAYS MATTERS AMENDMENT NO. 3 TO THE TENNIS CENTER MANAGEMENT AGREEMENT THIS AMENDMENT NO. 3 to the Tennis Center Management Agreement is made this day of ., 2002, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and DUBIN & ASSOCIATES, INC., ("Dubin"). WlTNESSETH: WHEREAS, the City and Dubin currently have an Agreement for Management Services at the Delray Beach Municipal Tennis Center located near City Hall (the Original Agreement) dated September 29, 1999, and amended September 18, 2000 to add the Delray Swim and Tennis Club; and amended October 16, 2001 to reduce fees, and WHEREAS, Dubin and Associates, Inc. desires to amend the Original Agreement, as amended, as set forth in this Amendment No. 3 to provide for an increase in the base payment for services rendered. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are in addition to the recitals in the Original Agreement, as amended, and further represent that the recitals set forth herein in Amendment No. 3, are accurate and correct and are hereby incorporated as if fully set forth herein. 2. Base Payment. The City shall pay Dubin for the performance of work at a base monthly rate payable at the first of the month as follows: October 2002 through September 2004:$3666.66 per month 3. Applicability of Provisions of the Original Agreement and Amendment No. 1 and 2 to the Management of the Additional Site. Except as may be expressly modified and/or as otherwise set forth herein all terms and conditions of the Original Agreement and Amendment No. 1 and 2 remain in full force and effect and are hereby incorporated as if fully set forth in this Amendment No. 3 to thc Original Agreement, as amended, and apply to the Additional Site as well as the Original Site. 4. Effective Date of Amendment No. 3 to the Agreement. This Amendment shall not be effective until it is approved by thc City Commission and signed by both of thc parties with the effective date being October 1, 2002. IN WITNESS WHEREOF, thc parties hereto have cause this Agreement to be duly executed this ATTEST: __ day of City Clerk Approved as to form: 2002. CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor City Attomey WITNESSES: DUBIN AND ASSOCIATES, INC., a Florida corporation By: Name Primed Title: Date Signed: (Name printed or typed) (Name primed or typed) 2 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ,2002 by title of officer or agent) of acknowledging), a of the corporation. day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on behalf He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public - State of Florida A O~ws~on of Dub/n & Associates Golf& Tennis Management, Development & Consultation RECEIVED ,) I 9 2002 CiTY MANAGER September 19, 2002 City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Attention: Dave Harden Dear Mr. Harden, Attached please find a copy of a letter sent on August 20, 2002, requesting that effective October 1, 2002, Dubin & Associates, Inc. management fees for the tennis facilities be reinstated to $44,000 as per the contract dated September 29, 1999 and Amendment No. 1 dated September 18, 2000. Also attached is a memo sent to Bob Barcinski on August 27, 2002, explaining that due to the restructuring of lesson commissions and payroll, we plan to come in $4,750 under- budget in total, including the requested increase in our management fee. We would like to ask that our request for increase be included on City Commission agenda in October 2002. Hoping this is to your satisfaction, we remain. Yours truly, Brahm Dubin President 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 Golf& Tennis Management, Development& Consultation A DMsion of Dubin & Associates August 20, 2002. City of Delray Beach 100 NW 1 st Aven~le Delray Beach, FL 33444 Attention: Dave Harden Dear Mr. Harden, We are requesting that effective October 1, 2002, the Dubin & Associates, Inc. management fees for the tennis facilities be reinstated to $44,000 as per the attached contract dated September 29, 1999 and Amendment No. 1 dated September 18, 2000. We have restructured the tennis facilities and eliminated the Director of Tennis position. We have also reduced the tennis lesson override percentages by 5%, which will result in an approximate savings of $12,000 annually., This will all be in line with the submitted budget for the 2002 -2003 fiscal year. Hoping this is to your satisfaction, we remain. Yours truly, Brahm Dubin President 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 TO: MEMORANDUM BOB BARCINSKI FROM: BRAHM DUBIN SUBJECT: TENNIS CENTER BUDGET DATE: 8/27/2002 As per our discussion yesterday, attached please find a breakdown of the payroll and other contract line items for the Tennis Budgets. As you will see in the revised totals, the Payroll budget has not changed. Please notice that the revised totals for Other Contracts includes our management fee being reinstated and a revised lesson percentage. We now plan to come in $4,750 under-budget. Hoping this is to your satisfaction. Please call me with any questions or comments. 4/t 7/02 Orlginai 8/20/02 Revised Delray Beach Tennis Center Delray Swim & Tennis Club 2002 - 2003 Payroll Maintenance 8o hrs @ $9.00 t20 hrs @ Sg.00 Facility Manager Pro Shop Manager Accounting Allocation Head pm Pros Special Events/Support Staff Clerks avg 90 hrs @ $9.50/wk avg 65 hfs @ $9.00/wk PaymllTaxes DBTC DSTC Stadium Totals 720/wk $ 37,500 $1,080/wk $ 56,000 50,000 $ 20,000 $ 10,000 $ 20,000 26,000 $ t8,000 $ 8,000 16,000 $ 12,000 $ 4,000 30,000 $ 20,000 $ 10,000 12,000 $ 7,500 $ 4,500 $ 25,000 $ 45,000 $ 30,000 Revised Totals $ 37,500 $ 37,500 $ 56,000 $ 56,000 $ 59,000 $ 50,000 $ 26,000 $ 26,000 $ 16,000 $ 24,000 $ 30,000 $ 22,000 $ 12,000 $ 12,000 $ 25,000 $ 25,000 $ 45,000 $ 45,000 $ 30,000 $ 30,000 Other Contracts Dubin & Associates, Inc.4- Bonus Lessons: $275,000 @ 80% REVISED: Lessons: $275,000 @ 75% Credi! Card Fees Compupay, Elevatm:, Drug Testing, Alarm $160,000 $122,500 $ 45,000 $327,500 $327,500 $ 15,000 $ 12,500 $ 27,500 $ 27,500 $t75,000 $135,000 $ 45,000 $355,000 $355,000 $ 10,000 $ 10,000 $ $110,000 $1t0,000 t7,000 $ 37,000 $ 46,000 $220,000 $206,250 $ 15,000 $ 15,000 $ 12,000 $ 12,000 $ 10,000 $ 5,000 $ 7,000 $ 5,000 $137,000 $130,000 $ t7,000 $284,000 $279,260 LCB, Bmhm, TC Payroll 8/23/02, 11 :t t AM MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY ODMMISSIONERS CITY MANAGE ~,~ AGENDA ITEM -~-)- REGULARMEETING OF OCTOBER 15, 2002 APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD DATE: OCTOBER 11, 2002 Janine Dabney-Battle has forwarded her resignation from the Site Plan Review and Appearance Board creating a vacancy for an unexpired term ending August 31, 2003. To qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City. One member shall be a registered architect, one member shall be a registered architect or a registered professional civil engineer, and one member shall be a landscape architect or a person with expertise in landscaping or horticulture. Ms. Dabney-Battle's occupation was a realtor. At the present time, we have three individuals who are architects and one landscape architect. The following individuals have submitted applications for consideration: See Exhibk "A" A check for code viohfions and/or municipal liens was conducted. None were found. Voters' registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat # 3). Recommend appointment of one (1) regular member to the Ske Phn Review and Appearance Board to fill an unexpired term ending August 31, 2003. SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT "A" Shane Ames John Baccari Ronald Brito RoyFraker Mark Gregory David Hawke Ou'istina Morrison Suzanne Page Samuel Resnick Jerome Sanzone Randee Schatz Jeffrey Silberstein Michael Sneiderman architect architect/general comractor (currently serving on Board of Construction Appeals) enterprise contractor (currently serving on Board of Construction Appeals) iI~anager real estate architect real estate real estate (currently serving on Board of Construction Appeals) code administrator/engineer (currently serving on Board of Adjustment) building official hwyer (currently serving on Board of Adjustment) architect sign contractor THE NATIONS WHOLESALE LENDING GROUP 414 NE 5TM AVENUE DELI?AY BEACH, FL 33483 September 30, 2002 City of Delray Beach Attn: Scott Pape 100 NWl Avenue Delray Beach, FL 33444 Re: Position on the Site Plan Review & Appearance Board Dear Mr. Pape: With reference to the above it is with regret that I have to resign my position. Thank you for the opportunity to sit on your prestigious Board. It has been a fulfilling year and a half but unfortunately due to my children's athletic schedules and personal business workload there is just not enough hours. Please keep me informed and if my schedule were to lighten I would love to rejoin the Board. I would like to thank you again for allowing me to serve on your Board. Best Regards, RECE! /ED OCT 0 ! 2002 o?/~o/o~ To~ ~s:oo FAX SS~ 'O 0'??~ cny CLE~ A,-Am.~0~ CITY OF DELl?AY BEACH ,o~ MEMBER APPLICATION 1993 2001 : ~.~t ~tme: 2. Hoxne A~: 3. J.eL~ ]~esic~ce: PJ~C:ii~ B*,,;-,~s Address: 6..,'~e you ,. z'eg~t=ed vote? Code ~ode Xf lo, W]~e a~C Phone: FLx: misted pm~oml ~catio~ md ~c,'~.-es which ~u '11, ,undctsnnd d~t any ~,;,~ctntement ofma~-~-t ~ cs=ne forfe~tu~ upcm my ~ of.~y s~olntrnent ~n~y .~c~c. cITY CLERK ~^..m - sub~ It w~l bc d~e tpp]~cant's ~ t~ easu~ that a ~ ~:afion is off ~e. · /~'~/'~P/-;~'~.3 ~ WE WELCOME YOU TO EXPERIENCE AMES-DESIGN INTERNATIONAL Shane braes, multi4al~, creative and a ]~lorida licensed Designer and Architect, formed Ames Design International in 19~ with his business panner, Dechantsreiter. The firm has'- enjoyed tremendous success ever since, conm'buting appr?~mnte]y a billion dollm to the hdustry via the construction of luxurious, single family homes. We were involved in the doc, merited reaovat~on of a historic house located in the PROFESSIONAL HISTO~C PARK DISTRICt, Del-Ida Park in Delray Beach, Florida. This gem beck_ me the home of our new offices in December 1996. Once completed, it was included in the Delray Beach Historic Society Homes tour. Shane Ames specializes in very high-end cus~m designed residenc~.. His work has been feauu~ in most of the leading archi~ magazines such as FLORIDA AR~ UNIQUE HOMES and PROFESSIONAL BUILDF~ ~just to name a few. One of the models he designed, '~l'Hb'. XVF. b'TBAY~~ won five awards at the coveted 'Pinnacle Award for 1990~ ceremony at the Crocker Center in Boca Raton for BEST' ARCTIr~C'IIJR~ BF..ST MODF~ BF.h'T INTERIOR DESIGN and BEa~I' ~LAND~ING. Shane's work for Interior Merchandising won the PRISM GOLD AWARD in 1995 for the midrise, 'La Sanctuaire.' We are proud ~at the popular .ntlonal magazine, FLORIDA DESIGN, has given us recognition via an unprecedented 20-page coverage on two of our unique single family ruidences in the Boca Pat. on area in their W'mter 1995 issue (VoL .5, No. 3), a feature in their Summer 1997 issue (Vol. 7, No. 2). We were featured hgain in the W~mter 2000 issue (Vol. 10, No. 4), and recently in the-Spring 2001 issue, giving us special prominence via an llLpage article publicizing two of our homes. Sh~-~ and his handpicked staff serve an international clientele who demand the best in dramatic and sophisticated house design. Shane's impact upon the archi~ beauty of South Florida is evidenced by the several thousand residential designs in aH the leading and prestigious Yacht, Colf and Tennis Country Club Communitie3, as well as Oceam~nt and Intracoast-.d are_~s. AA&}001?~0 ' C Shane designed the original Sales Cent~ in the luxurious St. Andrews Country Club, and continued with creating some of the most duplioted and sought- after models named ".KI~{.rNGTON,~ 'HAMILTON," {at. er renanmed. "OAKBROOK," 'MANCHU' 'BARRINGTON,' and ']VlANS~.' Shane desisned about every fourth residenc~ in the St. Andrews Counto, Club. We ,~ake you from your initial comultation through to the production of alwixiteclxu~ plans, dexailed interior ,drawings to securing the highest quality builder best suited to comtmct your hom~ We are committed to providing personal auention to all phases. WE WELCOI~IE YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL t- oM iffAce coMMum suC', ,,ts: IN FLOi~IDA SANCTUARY, BOCA RATON SUN & SURF CLUB, BOCA RATON ST. ANDREWS COUNTRY CLUB, BOCA RATON BOCA BATH & TENNIS CLUB, BOCA RATON WOODFIELD COUNTRY CLUB, BOCA RATON WOODFiELD HUNT CLUB, BOCA RATON THE SEASONS~-BOCA RATON BOCA RATON POLO CLUB, BOCA RATON BOCA GROVE PLAHTATION, BOCA RATON BONIELLO'S ACRES, BOCA RATON LES JARDIN, BOCA RATON LONG LAKE ESTATES, BOCA RATON LE LAC, BOCA RATON BOCAIRE COUNTRY CLUB, BOCA RATON OLD FLORESTA, BOCA RATON BOCA MARINA, BOCA RATON HORSESHOE ACRES_, BOCA RATON ENCANTADA, BOCA RATON' FOX LANDING, BOCA RATON ROYAL PALH YACHT & COUNTRY CLUB, BOCA'RATON STONEBRIDGE COUNTRY CLUB, BOCA RATON EAGLE TRACE, CORAL SPRINGS THE HAHLET, DAViE ~1~X)1720 C STONEBROOK ESTATES,.DAVIE SUNSHINE RANCHES, DAVIE FOX CHASE, DELRAY BEACH' LAS. PALHAS, DELRAY BEACH .7 HIZNER COUNTRY CLUB HIZNER'S PRESERVE, DELRAY BEACH DELRAY DUNES, DELRAY BEACH DELRAY OCEAN ESTATES' DELRAY GOLF ~ COUNTRY CLUB, DELRAY BEACH DELRAY ESTATES, DELRAY BEACH STONE CREEK RANCH, DELRAY BEACH SEAGATE, DELRAY BEACH THE HAHLET, DELRAY BEACH - TROPIC iSLE, DELRAY BEACH ADDISON RESERVE, DELRAY BEACH BARCELONA ISLES, FORT LAUDERDALE CORAL ISLES, FORT LAUDERDALE DAWSON'S POINT, FORT LAUDERDALE NURMi ISLES, FORT LAUDERDALE ISLES OF PALH, FORT LAUDERDALE SUNRISE KEY, FORT LAUDERDALE EXOTIC ESTATES, FORT LAUDERDALE GREY OAKS GULF STREAH · HARBOR BEACH, FLORIDA --:- -. -- -:HIGHLAND BEACH ROYAL COVE AT BOCA HIGHLANDS, HIGHLAND BEACH HOLLYWOOD :~--':---:~ OCEAN WALK, HOLLYWOOD BEACH HYPOLUXO ISLAND BALLEN ISLES, IUPITER 2 JUPITER INLET BAY, JUPITER ANGELFISH CAY, KEY LARGO LANTAHA LIGHTHOUSE POINT 'HAN~AN GOLDEN BEACH, HIAHi PINECREST, HIAH! QUAIL WEST, NAPLES CREEK, NAPLES ROSEHEAD AT WYNDEHERE ESTATES, NAPLES WINDSONG HARBOR, NORTH HIAHI BEACH HIDDEN KEY, NORTH PALH BEACH OCEAN RIDGE DUKES OF OCEAN RIDGE, OCEAN RIDGE PAI.H BEACH HARBOR ISLES, PAI.H BEACH PAI. H BEACH POLO CLUB, PAI. H BEACH CASA DE HARBELLA, PALH BEACH GARDENS I.D.H. COHHUNITY, PALH BEACH GARDENS FRENCHHAN'S CREEK, PAI. H BEACH GARDENS HIRASOL, PALH BEACH GARDENS SAN HICHELE, PALH BEACH GARDENS CYPRESS HEAD, PARll].ANDr IN THE PINES, PARKLAND PINETREE ESTATES, PARKLAND BEL AIRE AT GRAND PAL/4S, PEHBKOKE PINES SUNSHINE ACRES, PLANTATION .°-~ ~'-'-~LONGBOAT KEY, SORASOTA LAUREL OAK, SARASOTA PRESTANCIA, SARASOTA PEBBLE BEACH, SARASOTA SINGER ISLAND WILLOUGHBY COUNTTRY CLUB, STUART STILWELL ISLES PROSPECT PARK, TEEQUESTA EQUESTRIAN CLUB, WELUNGTON WELUNGTON BREAKE~ WEST, WEST PALH BEACH EGRET LAKES, WEST PALHBEACH WESTON HILLS COUNTRY CLUB, WESTON C OTHER STATES THROUGHOUT THE U.S.A. LAHONTAN, CALIFORNIA ASPEN, COLORADO BEAVER CREEK, COLORADO DENVER, COLORADO CHICAGO, ILLINOIS L'ESPRIT, LA GRANGE, KENTUCKY WARDS POINT WEST, NORTH CAROLINA HARION, OHIO BATAVIA, OHIO CITY OF LAKEWAY, TEXAS VIRGINIA BEACH, VIRGINIA INTEENATIONAL LOCATIONS. FREEPORT, BANAHAS NASSAU,. BAHAHAS LYFORD CAY, NEW PROVIDENCE, BAHAHAS OCEAN CLUB ESTATES, PARADISE ISLAND, GRAND BANAHAS ST. JOHN, U.S.VIRGIN ISLANDS ST. THOHAS, U.S. VIRGIN ISLANDS CURACAU, NETHERLAHD ANTILLES ST. HAARTEN, NETHERLAND ANTILLES WOODBRIDGE, ONTARIO, CANADA (~UEENSTOWN,'NEW ZEALAND LUGANO, SWITZERLAND HONACO, PRINCIPALITY OF HONACO 6 C COHMERCIAL PROJ£CT$ IN FLORIDA C Health Sp~ & M~sage Center, Boca Raton A. Slate-Of'-th~-Art Dental Office Facility, Boca Raton A S~e-Of-the-Art Veterinary (l/nic, Boca Raton A 34-unit Townhouse Complex/n Deerfield Beach 100 Quadraplex Units/n Boc~ Raton Afford=hie Communal Living F.~ilifies poss~ly loc~ red on D/sney Wodd Property in Orlando Award winning ~Cas~ L~ Brisk" 5-unit Counlr~ Town Villas with individual pooh in Delray Beach (off'Atlantic Avenue) "Seagate,' ~ 14-unit Town V'flh Complex in Delmy Beach l~sto~ Townhome Condominium Complex in Highland Beach 1 O-unit, F~ve-Star Condominium, V'~ Marina Cotmyard Townhomes, with docks on the Another ~ ~inniag Mulfi-F~mil~ Bermud~ Style Co~ Towahouse,, '$~ George's ~ ~-dir~ in Delray Beach ~Place Des Ar~s a 5-s~ory lumlly Condomln~m on Hendric~ Isle, Fort Iauderd~e Two Video Warehouse Concep~ $~or~s in Delray Be~ ~nd West Palm Beach Three 'HaircolorXpress' Beauty md Hair Salons in Lighthouse Point, Marg~ aud Coral The Amadem Gourme~ Bistro, Pompauo Beach 'Ibscm W'me & Pasta Shoppe, Pompano Be~ 1 C~ Two uniquely designed Card Shops, one in Wind Song Harbor, Nor~ Miami Beach and the other in Ocean Walk, Hollywood Beach A o-sto~ Lu.mry Hig~Rise named 'The Renaissance at The Oceam Ed~' in Delray Beach Architectural Design for many of the "~n' Iaxury Condominiums in Boc~ Raton Architectural Design of~ two-story 4-unit Pemimuse at the "I'oscan~" Luxury Condomlni-m hi the Sky, ~d Beach Luxury ~, S and 4-story Townhouse Complex Resort, plus custom single family homes in "G~dens at ~d Beach,'~d Beach ~evatiom and Floor Plan Redesign and Renovation of"Fhe Estuary' Luxury Townhouses on the Intrawast~l Watetwzy in Delray Beach Renovating and Redesigning an existing Office Building in the heart of Downtown Delray Beach inw Ltmuy Mini-Aparlments. Renovation Design for the Sheraton Four Points Hotel in Pompano Beach Design of Elevations and Floor Layouts for the Hamptor~ Inns Hotel C~ain State-Of-the-An"Pearle V'~on' Eye Cent~ in Boca l~,t,.,n, #1 in the nationwide chain A family oriented total Resort Hotel with a Dinner Thealre and Shops designed with conversion to Casino in mind, Orlando Area Renovation of the '~l-lelen Wilkes Hotel' in West Palm Beach · COIvIlvlERCIAL PROJECTS - NATIONAl. ~ INTERNATIONAl. Bahamian Resort in the Bahanms ' Unique Bed & Brenkfast Concept Resort ~o be madm~ nationwide C CITY OF DELRAY BEACH BOARD MEMBER APPLICATION C Ple~e t~e or pfin! thc following information: | 1. "Last Name:: Bacc&~:l 2. Home Ad.esS: 112 ~. E. 1st Avenue 3. [,cg~ ~esiden~ 4. Principal BUS/nef~ Addre~ , $. H0m¢ Phone: 2&3-0055 6. What Board(s) a~e you intcrested ia servia89 ~7 J=, Na~e Middle hifial John ... g City Smt~ Zip Code C~ Sm~ Zip Co~ Ci~ Sram Zip C~· B~ess ..... 561-832-8876 ,Site Plan Eevtew &,,Appearance Boara · Li~ gl Ci~ Boards on Whic~ you arc c~y se~g or ~oa:a Of ~juscment - 1991-1993/1995-P=esemt-ter~ ex~izes, 8/31/00 Board of Const:uction,Appeal~ 81 EdUc~ionalqualificadons: B. A. in architecture, Syracuse Uu:[versicy -9. '-£ist any related profetaion~ cenifica~ons and licenses which you hold: Eez$ote:ed architect~ General Contractor and Liceused State Inspector L10. Give your present, or mo~t ~gent employer, and p~sition: " _ " ' I hereby certify that all the'above s~atements ate t~ue~ and I agree and understand that any mi~tatement of material facts contained in this application may cause forfeiture upon my part y receive. Thi* ~plication '~11 ~-ain on file in ~abmitt,d. h will ~ th, ~pplkant'$ Y~*-13-2~ 13:47 JUN 1 3 2000 t ra P'~riod of 2 yeats'~om the'date it was a cun~nt application is on file. CITY CLERK Ju'n 17 02 09:34~ Enterprise Cont, ract, ors 06/]4/02 FR]' I2:]3 FA~ 561 243 3774 CITY CLER.R; ! 561 ) ::"79-033S CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2001 p.2 1~oo2 '.' Please infonmliom ~. ~1 R~c~ ~ S~ ~ C~e 4. ~p~ ~m ~: ' " , ~ ' ' Sm~" ~ C~ 5. Hint ~h~: ~ess Pbgc: E-~ Ad~s: ~ Ph~e: Fax: 6. A~ you a ~d voter? y~ If ~, where ~e you te~s~ed~ ' I~ ~/~. ~ ~0~.~ ' ' Note: This ap?lic~tion rill r~-~ on file in the C~y CitY's Office for a period of 2 ye. an from t~e date it was su~:t~tted, it will be t~e applicant's ~t7 to ensure t~at I ~t npp~eatlon ~ on ne. /0-~ /~L %ECEIVED JUN 17 2002 CITY CLERK RON BRITO 198 S.E. 27m AFENUE BOYNTON BEACH, FLA. 33435 RONJO20~,AOL.COM PERSONAL RESUME WORK HISTORY: 1965-1979 14 years as a framing and finish carpenter in Riverside, San Bernardino, and Laguna Beach, California~ Production framing on several multi- family complexes, housing tracts encompassing slab layout, framing, joisting, trussing, fascia, siding, setting doors, windows, cutting rafters & stairs etc. Eventually started high quality custom finish worl~ 7years as carpenter, 2 years as Leadman, $ years as Foreman on new residential and commercial projects, as well as some renovation and remodeling. 1979 - 1983 Obtained Building Contractor License /B-388997 Calif. (currently in- active status) still valid thru 4-30-00 Spent $ years sub-contracting and running framing, siding, trussing, floor joisting, stair fabrication and installation on multi-family complexes from large contractors. During this time I contracted new single family homes, additions, remodeling, improvements. commercial roofs, and commercial tenant 1983 - 1985 Job superintendent on custom housing in the Nashville, Tennessee area for 1 year. Sub-contracting framing, trussing, si. ding jobs for the next two years. 1986 - 1989 Obtained General Contractor License / CGC-047369 ~FLORIDA (Active) D'orlced at "The Township" as punch out foreman for 1 year. IForlced for David Jones Const. at Gleneagles, Polo Club as Lead Carpenter. Foreman for 1 year on 32 eight-plex wood frame multi-family duplexes. Constructed custom housing from Manalapan to $~ Andrews, Boca Raton. Received General Contractor's License in February 1989. 19~9-1991 £1CENSED GENERAL CONTRACTOR / U.S.V.I. 2-01392-91 Went to $~ Croix, U.S. El. after Hurricane Hugo for $ days to bring supplies and help restore power and water to units of condos for a friend. ,dgreed to come back to restore 2 houses. /lcqulred General Contractors License in the U.S~EI. in February 1990. Restored 14 residences, 2 commercial buildings and 6 rental units. Also completed renovations in St. Thomas and St. John on custom homes. Returned to Florida July 2, 1991 and began new additions and remodeling projects. After Hurrican~ Andrew, opened a field o.O~tce in Miami for restoration work. My Miami office completed 16 residential restorations and about 44 roofing projects. 1992 - 1993 Was asked to take over operations of Falkav Construction and to qualify the company. Although thorough research into Falkav prevented me from qualifying the company, I did bring the Delray Tennis Center to substantial completion in time for the Virginia Slims Tournamen~ Falkav Construction was at that time under contract with _the City of Delray Beach for the Tennis Center (2.5 million-dollar contract) and was also engaged in 6 school projects for school districts from Palm Beach County to Dade County. Falkav Construction went into bankruptcy and was dissolved. Currently, my company, Enterprise Contractors Ina is. located at 2210 IV. Federal Hwy. Delray Beach.~ I do Custom Homes, Historical Renovations, and Commercial Projects. I do my own estimating, contract negotiations, and am computer literate and familiar with Several di~Cerent estimating and accounting programs. · also run most of my,own projects. I am a 30- year carpenter, experienced in material take-offs for jobs, flow chart and sckeduling for jobs with deadlines and fast track completiota Familiar with AIA contracts & draw reques~ I am used to hard work and long hours. · remain teachable with an open mind. · believe that a good leader has to first be a good follower. PERSONAL HISTORY · am $2 years old, marriea~ with four children. I'm a high school graduate with 2 years junior college in business management. I have 30 years of construction experience. I hold three different Contractor's Licenses: Florida, the U.S~ Virgin Islands and California. I am currently applying for a State of Tennessee General Contractor's License. I am an active member of my church (SDA) where I am a Sabbath (Bible Study) teacher for an adult class. · am also on the Church Building and Nominating Committee and a Deacot~ l.am a IS-year member of A. A. and active on several committees within (2 yr. Former board member of Crossroads Club). I am the Cludrman of the Construction Board of .~t~pcals for the Ci~ of Delray Beach. Two years on Brentwood Hills Home Owner's Architectural Co~ I own a house in Boynton Beach where my family and · have lived for the last 14 years. · also own property in N~hite Home, ~Tennessee and Delray Beach, Florida. Tennis, surfing, and jogging are my favorite pastimes. DELR~Y BEACH i~OARD MEMBER APPLiCATIOH 1993 2001 -'J S~te Zi~'Code. ' I S~te ~p C~e 4. ~~ ~s Ad~ ~ S~te ~ C~e 5. Home Ph~e: ~-~ess PhOne ' ~ Ad&ess: C~ ~hoa~ F~ 7. ~at Bo~d(s) ~e you ~t~ted ~ s~ Pl~se ~st ~ ot~ of pref~c~ 8. ~t ~ ~' ~o~ ~ ~ch ~'ou ~e ~' s~g ~ have ~ousl)- s~e~ ~l~se ~dc ~tes) 11, G~e yom prying oz most tec~t ~ploy~, ~d position: ~ ~, ~~ A ~~_ . ._ ' ~d ~ ~a ~ ~ ~e f~ ~ my p~ of my app~mt I ~y Note: This applir.~tion will remain on file in the Cit7 Clerk's O~ce for a period of 2 yeats from the date ~t was submitted. It ~ be the applicant's tesponsgbility to ensuze r. hat a cu~ent application is on file. - ¢ RoY J, FRAKER Strong professional background in sales, marketing, public relations, customer service, management and administration. Excellent analytical and orga.nlz, ational skills. Intuitive ability to rapidly assess people's needs and resolve problems. Capable and competent with the energy and enthusiasm to adept to various people and work Situations. Proficient in ACTI 2000, Mi~osofl Word, Word Perfect, Excel, Outlook, Delphi and Intemet Explorer. Sales Manager, Executive Meeting Manager 2001 to Present Delray Beac;h Marriott, Delray Beach, FL · National, Regional and Local sales and marketing for luxury 268 room oceanfront hotel · Develop, track and maintain competitive corporate arid leisure rate structures · Create new packages, programs and incentives, track and maintain forecasted sales for both leisure and corporate market segments · Host in house receptions, site inspections, entertain and conduct both hotel and local area tours to prospective clients and visiting organizations and associations · Serve as hotel community liaison and representative for county, city, local civic organizations · Organize and host frequent and successful meeting planner, travel writer and VIP FAM trips. · Highly effective and successful leader and team player for pre-opening sales, sales blitz campaigns and roll out of incentive programs Site Operations Manager 1996 to 2000 Melsnar Electric, Inc., d.b.a. Ocean City Properties, Ltd., Delray Beach, FL - Lead restoration of historic warehouse building into 14,000 square, foot corporate office * Supervised daily site operations of historic 46,000 square-foot shopping, dining, and outdoor entertainment cx)mplex including constru'cfion, renovation, leasing, advertising, marketing, public relations and special events · Fire & Security systems administc-dtion, hurricane preparedness and emergency management o Management of ell sub-contracted sentices and direct supe.rvi~ion of maintenance and housekeeping staff * Purchasing. receiving and asset management of all fixtures, fumishings and appliances · Responsible for special projec[s such as complete revision of corporate image, inclusive of concept Instructor & Administrator Independent Contractor, Palm Beach County, FL 1993 to 1996 - Martial arts instruction & supervision of three instructional programs including 13 Palm Beach County schools. Boca Raton YMCA, and · private school with combined enrollment over 1500 · Sales, market~ng, advertising, contract management, database and financial management, editor and publisher of monthly newslelter · Planning and Implementation of Incentives, special events and annual convention 38 1/2 South $wlnton Avenue, Dalray Beech,~ Florida 33~.:~. (S61)-26S-2607 RoyFraker~eol.com RoY J. FRAKER Reservations, Front Desk, Concierge 1991 to 1993 Ritz Carlton Palm Beach, Manalapan, FL · Hired as hotel's original 'Opening Team'. One of 500 out of $000 applicants. · Consistently outsold rooms exceeding revenue goals by volume and gross sales. · Promoted to Departmental Trainer during which hotel received the 1992 Malcolm Baldridge Quality Customer Service Award. · Interim Supervisor of Fitness ~Center and Ritz-Carlton Club. Created, implemented and Supervised hotel's first "Ritz-Kids' program. Attractions Host, Production Assistant & Talent Coordinator 1990 to 1991 Walt Disney Company, Lake Buena Vista, FL · Attended the Disney UnNersity Career Star~ program - * Originally cast as Attractions Host for the Disney MGM ~tudios, - Promoted to Production Assistant and Talent Coordinator for the NBC televlsion game show "Let's Make A Deal" · Cardinal Newman High School, West Palm Beach, FL. 1990, Honor Roll · Palm Beach Community College. Lake Worth. FL 1993, Deans Ust · Florida International University, Miami, FL, 1993, Family Management Specialist Training Certificate · University of South Florida, Tampa, FL, 1994, State of Florida HR$ Child Welfare Training Certificate · Greater Boynton Beach Chamber of Commerce, Leadership Boynton Beach, Class of 1995 · Personal Development Center, Delray Beach, FL, 1996. The Living Course. Personal Development Workshop · Southeast Education Center, North Palm Beach, FL. 2000, Dale Carnegie Leadership Training · Personal Development Center, Delray Beach, FL, 2001 Certified Instructor ACC,OMPLISHMENTS & OUTSIDE INTERESTS · Bob Beamon Golf & Tennis Classic, Board Member, 2002 · City of Delray Beach Sister Cities Comrnittee, Board Member, January 2001 - Present · Museum of Lifestyle and Fashion History. Board Membe. r, January 2001 - Present · Tourism Committee, Co-Chair, Delray Beach Chamber of Commerce, 1999 - Present · One of 100 citizens and community leaders to represent City of Boynton Beach at Visions 2000 Conference, 1996 · Palm Beach Post Pathfinder Award, Community Service 1990 · Steering Design Committee; fund raising and Special Events Co-Chair, crew leader and construction coordinator for 'Let's Build a Playground' .Boynton'Beach, FL 1995 38 112 South Swinton Avenue, Delray Beech, Florida 33444 ($61)-265-2507 RoyFraker~.aol.com C ~ ~ ~ ~ '~"~ C l TY OF DE LRAY BEACH ,~,~: ~ BOARD MEMBER APPLICATION Plca.~¢ type ,~r print die following information: ,'' LastName':~.l~,(~D.O/ : ,r.¢._~al Resit[rnee i '1' Prin¢ipaJ Bushwss Address: I Code. iji.,t all C':t; l~oaids o,, which you are cun'ently Serving o,' t,av~ previously served. (i;{¢a~ incl,de date..:) I Ed u~ arionaLaual, fi~r,~tions: , o 'L?i a,~ rda~ed professio, al certifications an~f licenses which you h.ld . {10~'e x',~ur ~re~ent. or most ,'e~ent employer, a~ position: rl hereby certify that all the above statements are true, and ! agree and understand that any ~s$[ate~-ner~ of material facts containel~lll~ ~iE~~'on may cause forfeiture upon rny part ~..~ment I~,,~- ' - ;'--~'~ ,'kz'~Jx'"~ . C~,"") JAN 2 5 2001 I -- ~--o ~ ~ ~-~: ', ~ ~ Cl~ CLERK - ' . _l xI~te: q~) ~pplication ~i]l re6{~n on file b thc Ci~ Clerk's O[¢e for a pefiO'~2 years ~om thc date it was ' ,,hm~ ~t~d h will be thc applic~at'~ ~ponsibili~ to ~ur~ that a ¢tu~cnt application is on file. ~I~L, RAY BEACH CITY OF DELRAY BEACH IIIJ MEMBERAPPLICATION 1993 2001 Please ti, pc or pgnt the following infommtion: 2. Home Address:, 3. l.~gal P,~sidcncc C,i~ ,Su~t~ Zip Code 4. Pz~ncipa] Bu.siness Address: City Stat~ 7-il,. Code 5. Home Phone: Business Phone: E-Mail Address: CeD Phone: Fax: 6. Are you a ref~stered voter~ If so, where ~e you re~stered? 7..'~nt Bo~r.d(s) are you inter~, steclin s _e~g? PJelse, list i~ order of preference: 8. Lis~ all ~' ~oazds on which you a=e cur~y se~'in~ or have pr~ious~' s=ve& (Please inc~u~c ~¢s) 10. Li~t an), zchted pzof~ssioral ce~ifications and licenses which you hold: 1 ~. Give yo~ present, oz most recent emplo~~, and position: 12. Desceibe ezperiences, skills or knowledge which olutli~ you to serve on this board: (Plesse ttttch s b:ief resume) I hereby cmify that tll the shove statements are tree, tad I atp'ce tnd understlnd that an), misstatement of mategal facts contsined in this applica~on ma}, cause forfeiture upon my pan of any appointment I may receive. SiGNATUI~ ~ - " DATE Note: This application will re,mia on ;;lc ~n the City Clezk's Office foz, p~od o~ 1~t ~]~e.e.te it was submitted. It will be the applicant's zesponsibility to ensuze that a current apph'-caiion as on CITY CLERK DAVID MATTHEW HAWKE 121 Heather Lane Delray Beach, Florida 33444 (561) 740- 4440 OBJECTIVE: To advance and broaden my knowledge of complex architectural, aviation, transit, and public facilities projects; To intensify my contract negotiations, design/build expertise, and design/construction supervisory experience. EDUCATION: Masters of Business Administration Marymount ~ Georgetown Universities, In-Progress Master Degree in ArchitectureJ Engineering University of Maryland Bachelor of Science Degree in Architecture Clemson University PROFESSIONAL EXPEIHENCE; HAWKE & ASSOCIATES ARCHITECTS, L,L,C,- President, May 1998 to Present - Design Director and Principal of a full-service ~chitectural firm in South Florida. Specializing in commercial structures, medical complexes, and public facilities. The office pursues and has teamed up with large firms on joint-venture projects in aviation and transit as a consultant throughout the nation. MASSACHUSETTS PORT AUTHORITy- Senior Project Manager, February 1997 to April 1998 Logan Modernization Program Terminal ,4rea Roadways - Developed a preliminary design to complete Construction Documents in eleven months. The 1.5 mile two level roadway sy,stem has + 60 caisson foundations and complex structural design. The airport traffic and roadways must be maintained during difficult phased construction Estimated cost - $125M. People Mm,er System (ALTO - Assisted in the development of a ElS for a automated intermodial transit connector awaiting Federal approval and ISTEA funding. Pre 'luninary transit station design, airside/landside alignments and profiles, curbside disruption, passenger convenience, and busing interface. Estimated cost - $30 M Phase ! / $375 M Phase II.- Quality Assurance Manager - Supervised four construction inspectors and construction supervisors for active Logan terminal expansion and aviation projects. Airport passenger movements, air carrier, and numerous concession must be maintained during complex construction. RECEIVED HAY 2'1 2O02 DANIEL~ MANN, JOHNSON, & MENDENHALL: November 1989 to January 1997 Project Unit Manager and Contract & Procurement Construction Manager: Tren Urbano Mass Transit Project, San Juan, Puerto Rico - July 1995 to January 1997 Bayamon Alignment Section - Negotiated procurement and optlmi,~fion, including design, procurement, proposal evaluation and construction management, ora large design/build contract for two transit stations, concession areas, retail spaces and 2.4 lorn elevated guideway. Contract- Award - $68M Centro Medico Alignment Sections - Negotiated procurement and op 'tmzization, including design, procurement and proposal evaluation, ora complex design/build contract for three transit stations and a 3.2 km elevated, at-grade, and retained-cut gui-deway. Contract Award - $72M. Project Design/Construction Manager: Metropolitan Washington Airports Authority, Capital Development Program, Washington, D.C. - November 1989 - July 1995 New Terminal Bridges to Metro at Washington National Airport - Coordinated design, supervised and managed Cesar PeRi and Walker Parking Consultants for the design of the pedestrian bridges interface with Metro Transit (WMATA). Contract Award - $39Y_ Middle/North ParAiag Structures - Supervised design of two structured parking facilities for Washington National Airport and coordinated with Metro Transit (WMATA). Managed design and early construction of retail spaces adjacent to and construction within North Terminal Mall. Contract Award - $57M. Rental Cars Quick Turnaround Facility - Coordinated with Rental Car Representatives and supervised the selection, negotiation, design, and direction of the architec0zvaVengineering firm of Dewberry & Davis for the design/construction of rental car fac'dities at Washington National Airport. Contract Award - $21M. Americans Disabilities Act, Title II, Design/Implementation - Contracting Officer's Technical Representative in selection, negotiation, and direction of C-reiner, Inc. for all public fadlities, tenants, retail construction at Washington National and DuHes International Airports. Implementation Costs - $157M. Delta S-Gate A4_'~on Interim Terminal- Managed and directed Delta Airlines and its architect Milton Pate Associates. Full range ofairport issues and interface with the airlines, concessions, retail vendors, construction and operations adjacent to active gates. Contract Award - $38M. ELLERBE BECKET. INC, Architect - March 1989 to October 1989 Leader of a convention center and hospital design teams (Children's Hospital Center, Washington Convention Center, WMATA). Designed and produced construction documents on five Washington office buildings with retail on ground floors. Designed long span convention centers. SKIDMORE OWNINGS & MERRILL- Architect - January 1988 to March 1989 Significant role in the design of two large-scale public projects (Metro Center, David Childs, Washington, D.C.; and Sears Franklin Center, Dean Johnson, Chicago, Illinois) and their interface with the local urban fabric and WMATA. THOMPSON, VENTULETT, & STAIN'BACK & ASSOCIATES - Consultant -1986 -1987 Worked directly with the Project Manager ofthe Philadelphia Convention center. Long span structural designs incorporating convention space.and interface with existing mass transit (SEPTA) facilities. Developed designs related to Atlanta Convention Facilities and Expansion of an existing convention center. PORTMAN, RABON, HATCH. & McWHORTER. ARCHITECI~ -Architect - May 1986 Member of design teams (I~rdt on Intercontinental. and Hyatt Hotels). Experienc~ hotel design from schematics through construction. Working relationships with three principals, mass transits stations with MARTA engineers, gift shop, retail shops, and hotel management. Member of design teams (I-rflton Intercontinental and Hyatt Hotels). Experienced convention center design from schematic design through construction. Working relationships with three principals, mass transits stations with MARTA engineers, gilt shop, retail shops, and hotel management. PROFILE: LANGUAGES: Massachusetts - License # 9840 District of Columbia - License #5030 Commonwealth of If~rginia - License # 10736 State of Maryland - License # 9846- MD State of Florida - # AR 0016510 NCARB Certification # 42,428/File # 37,412 American Institute of Architects - January 1983 - Present Southern, Standard, & BOCA Building Codes - Examiner and Inspector AutoCAD2000, Intergraph, O.D.S., WordPerfect, Primavera Maryland Graduate School of Architectur~ pA1A~O, Massimo and Roma, Italy Cultural Associations - Pension Ivlhnosa, Pantheon, & Florence, Italy French, and Italian (Broken) May 10, 2OO2 www. Hawkear~hitects.com Ms. Karen Schell, City Clerk Manager City Clerk's Deparlment City of Delray Beach 100 NW 1'~ Avenue Delray Beach, Florida 32444 Application for Advisory Board & Committees - Request for Membership or Alternate Position - City of Delray Beach - 2002 Board(s) Thanl~ you for your assistance in the application process of the City of Delray Beach Advisory Boards and Committees. I am requesting in writing a potential position on the following City of Delray Beaches' Advisory Boards and Committees. As requested, the list of boards are arranged in order of preference. Please note, the following list: Site Plan Review & Appearance Board Planning & Zonins Board Downtown Development Authority I appreciate your assistance to submit my name for the board(s) list~, d above. Thank you for your assistance, ffyou have any questions, please contact me at (561) 740 - ~.~.~.0. Thank you in advance. Respectfully submitted, Hawke & Associates, Arch/tects LLC Florida Licence # AR 0016510 cc: file, .A__ttachments (Ground Floor Plan) 121 Heather Lane Delray Beach, Florida 33444 RECEIVED MAY I fl 2002 P. (561) 740- 444blTF~O¥ CLERK ($61) 92 l- 0444 CITY OF DELRAY BEACH I~,,~1® BOARD MEMBER APPLICATION C 2001 Please t-f p; ox prhut fl~e following information: 1. Last Name: moR~ /6c~l 2. Home Address: 3. I~gal RvsJdence: 5. Home Phone: 6. Are you a.registered voter? Business Phone: City State I Zip Code City State Zip Code City IE-Mail Address: State Zip Code JCell Pho_..n_e: 7~ Fax: )"~,< :5'6/075. anTd, 6?~q so, where are you re~vistered? 7.~ What Board[s)~are you intereste~d~n serving. PI~e ~st b or~er of pref~ence: _ 8. ~st ~ Ci~ Boards on w~ch3ou ~e ~enfly se~g o~ h~ve pr~ously s~ed: ~l~se bclude dates) 9. Educational aualifications: . '10. I~jst any related profe_ssional certifications and ~censes.,whic~ you hold: .~ 1.' 11. ~ve yo~ presen~ or~ost recent employer, and position: 12. Des~be e~efiences, s~s or ~le~ whch q~ you to s~e on ~s ~& ~l~se amcha brief resme) I herebl c~ ~at ~ me above $~tmm~ ~e ~~ ~~smd ~t my msmt~mt of mt~ fac~ ~n~e~ ~s ~p~~~e forfd~e upon my p~ of my appo~ent I may rec~ve. ' JUL 2 7 2001 Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. C CHRISI'INA MORRISON, CPM BACKGROUND DATA Chris~a Morrison is a Certified Property Manager (CPM) and a Licensed Florida Real Estate Broker. She has been active in fhe real estate indush'y for over 20 years; her ' areas of expertise include acquisitions, development, property management, sales and leasing management, training, an~d all phases of real estate marketing. For the past several years, Chris has been the Director of Property Management for the Southern Division of the Pennsylvania Real Estate Investment Trust (PREFO, a publicly-traded company based in Philadelphia, Pennsylvania. Her duties included the supervision of aparflnent portfolios ranging from 2300 units to 3100 units in several states, the successful re-development of three apartment properties, and the authoring of the company's Policies and Procedures Manual and various training seminars on Leasing, Fair Housing, Safety, and assorted other topics. Prior to joining PREIT, Chris was National Marketing and Training Director for Regency Windsor Companies, an apartment development and management firm based in Veto Beach, Florida. Chris' responsibilities with Regency Windsor included the analysis, development, and coordination of marketing activities for all properties managed by Regency Windsor, encompassing over 12,000 apartment homes in eight states, and the development and implementation of various training programs for all Managers and Leasing Consultants. From 1991 until 1994, Chris was Director of Property Management for First Montgomery Properties of King of Prussia, Pennsylvania, overseeing the management and leasing of over 3,900 apartment and condominium units in four states. Chris is a graduate of Penn State University and is a ~ast ~irector and President of The Institute of Real Estate Management, Delaware Valley Chapter. She is currently President-Elect of the IREM - West Palm Beach Chapter. Chris is also a national instructor for the Institute of Real Estate Management, based in Chicago, Illinois, and trains Property Managers and Leasing Consultants throughout the country. Z;C~4 FLORA BLVD. DELRAY BEACH, FLORIDA 3348~ 561~72.6788 DELRAY BEACH BOARD MEMBER APPLICATION Ple~e type or print the £ollovdn~ in£om~don: Home Address:. 3. Legal~esid~nc~: City __ State Zi~ Code 4. Principal Business Ad&ess: , City State~ Zip Code $. Home Phol~e: _~sjn~ ?~ho~r~:b~ E-MailAddress:' ,,C. ell Phone:' Fax: 6. Are you a regis~red voter? ~/.~ -- '~-~ ~w.h~.cre a~ste~..,. ,.j~.~/'hat Board(s~ are you interested in scrvin~ Please list in order of pre£erence: 8. List'all citY Boards on which you are currendy serving or have previously served: (Ple~ include dates) 9. Educational qualifications: ]~0; List any related professional certifications and licenses w~ch you .hol.~.' 11. Give your 13resent, or most recent emnlovei, and position: -~-~ . ~)esc~ibe experiences, skills or .knowledge which quali..f7 yqu to ser~e.on rahis board: (Please attach a brief resume). : tion may cause forfeiture upon my part orany appom nt I may receive. 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S ace Enginee~ng M'n0r :.<~.': ~,:: :' ::" intensive field, s~dY .': '%-:::/'i': -;'-...-~---~::'" .:- Re :; ___:~n-4hours .- '.:- ::.-- '. ~': .'"- . ~ommerda) ~ra.~~v''~. . . ..:'. ~::: -:':'/':'<-' :>_.: '~/... -: '. J. "': ::,, "-: ~:.. '.':'- '. ?'": . ' '_' :. .~ '::.:-. ::.'-...?.Y ~: ..... -':.::::'::: '-.:L:~'.':-====================='~:.:. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 ,Please type ct print the follo'~ing information: 1. Nsme~.~ i 2. Home Address: ~ . 3. Legal Residence: [City 4. Principal Business Adcltess: 6. A~e ¥?u a registered voter? If ~o, wh~:e ~e ~ou ~el~istered? '7. _Xl~nat B.~ard(s) sre )?u interested in serving.'? Please list in order of l~ref_erence: 8. List ~11 City Boards on w~i~h you ~:e currently sen'inS or hive previously served: (Please ~n~lude dates) Sate I Zip Code_ I Sate - Zip Code - State Zip ~ode 10. List?nY rela~ed p:ofession~ c~ficafions ~d ~censes w~ch you hol& , ~ G~ yo~ p/esen~ cz most zccent ~plo),~ . ., d 4 / I hereby certify that all the above statenlients aze true, and I ai~'ee ted understand that any misstatement ~)f ~atmial facts conta~ned~ tkis applicafion,?)ay cause forfeiture upon my part of any appointment I may receive. S~GNA'TUILE DATE . I Note: This' application will remain on file in the City Clerk's Office for a period of [t~~~[~te it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MAR 9 ~II~T CITY CLERK March 21,2002 Karin ScheH City Clerk's O~ce City of Delray Beach 100 NW 1st Ave. Delray Beach, FI.33444 Dear ]Vls. Schell Samuel Restfick 2835 SW13th Street Delray Beach, Fl. 33445 Ph# 561.330.8419 As per our phone conversation of to-day, I am submitting this le_tter. When I retired and moved to South Florida in 1995, I volunteered to the City of Delray Beach for any commission or committee that could use my background. Unfortunately, I was not living in the city proper and could not serve. I have recently moved to Pines of Delray West, at the above address, which is in the city proper. I am again requesting to be considered for any commission or committee. Enclosed please find my resume and a letter from the Mayor of_Norwalk, Ct. Hoping to hear from your office. Samuel Resnick 2835 SW 13th Street Delray Beach, Fl. 33445 P]~ 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Adminis~ation and code analysis. Theses courses were given by Building Officials and Code Administrators, International. ('BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Sersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Of~cial by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 19~6. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. .b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) ~lune 1957 to March 1978- Private practice as Architect-En~neer. e) From 1939 to 1957- (excel~t for two years in U.S. Navy and three years in enginering school) worked for various architectural and en~neerin~ firms. 4 February21, ToW hoB It Hay Concern: OFFICE OF THE MAYOR FRANK ,I. ESPOSITO, MAYOR :_.ThiB letter iS b~ way of 'introduction to a very fine architec~.-engineer from ~orwalk, Connecticut,-Samuel Resnick. ';'wr~!r.~dfro~ the city tn 1986after8 years of service as the Director of 1:he depert~en~ o~ t'~:le ~nforceme31t;:- Zn 1991 he waS hi~ed, beck'to the Code ~Enforcement offl_ceasa ~onsultant tot3 '~/2 ~ears. (OCtober:~,"199~ to ~arch consultant, ~ere as follows:~ 1.'Analyzed- the -operation of the Department cE_Code En£orce~ent and assisted the D~rector of Code Enforcement ~n Building Code interpretations. ~rem.~~ ,~ ~___~:~,z_n_cz_u.aznq ?.CnO?AS, =?? c_o~pliance wxth ADA. Also,' ~.~--~ ~,= ---=--=z~zon ~ans snaring me=moas and costs to comply with- Mayor's Liaison to the Norwalk School Building committee ~eetings were attended. Committee wherein all' 4, City representative for th_e c~nstructioh of the Concert Hall at City ~all and repair of water damage at Rowayton School. ' Code and cost' analysis of Various SchoOl alterations and addition work. ~.Sam is licensed in. connecticut, New York and Florida as : ~feSsional field a~e city. '. . =e o£ Florida. 'It is with pride that X _give th~s .: _letter of.r_~..~endation ~o a aah Of samfS ?either;' He will be an 'asset to _any org, an~zacxon w~..th whoa he becomes assocxated. ' N~YOR PO~T OF'~ICE BOX S12~. 1~5 EAST AVENUE NORWALK~ CT 06856-512~ ,, TI~__ F=HDNE 203-854-7701 .'.., ~.-0'" WEE, 9' I AM PC, MF'AtK, E:EAC. H E:L[4. ['EF'T FAi ~K,.954 7:.=:~, 4~,TT F'. '" ~ D~LRAY BEACH - BOARD MEMBER APPLICATION 1993 2001 Please tTpe or/)tint thc followin~ info,',',,-tion: ,, /~o ~ r~-~ ~~ ,,, [p~,~ ~ ~=,~/~ ~z. ~/ o lO. List any zchtcd professional cextificagons and licenses which you h;ld: ' /j£ ,.>'/',,.-, ! 1. Give ~,,our present, or m.ost recent employer, and position: "' 12. Oescgbe ezperii:nces, slr,~ls or '~owlc.dge w~ qu~7 you~to se.we on thh boa.rd: ~lease truth · bn~rrcs=ne) 1 hc~by eerIify that ~ll thc above statements ~¥=ue, ~d I ~ee ~d ~d~d ~at ~y ml,s~t~ of~t~-I facts ~tc ~s appSca6~ t~:;q on ~e~ ~e ~ CIc~k's OJfice fo~ n p~ of 2 y~ Gore ~e ~te it ~as ~t n JUN 1 3 200Z JUH-I~:-0" WEE, 9: "" :~M F',Z,MF'AH,) £:EA,.'.H [:L[>G. [,EPT F.4X ~t0. '3-354 7,!;6 4~:,77 SEROME SANZONE 200 MACFARLANE DR DELRAY BEACtI, FL. 33483 (561) 243-3299 OUTLINE RESUME March, 1989- June, 1986- March, 1989 June, 1984- Iune, 1986 Sune, 1980- June, 1984 Aptil, 1978- August, 1980 October, 1986- April, 1979 August, 1965- October, 1966 February, 1963- August, 1965 April, 1960- December, 1962 February, 1960- February, 1963 June, 1959- September, 1959 City of Delray Beach 100 NW 1u Ave Deiray Beach, Fl. 33444 Cily of Oakland Park 3650 NE 12' Ave Oakland Park, Fl. 33354 City of Pompano Beach 141 SW lS'Av¢ Pompano Beach, Fi. 33060 Self-Employed RR 2, Box 816 Pompano Beach, Fl. 33067 General Development Corp. 1111 South Bayshore Dr Miami, Fl. 33131 American Plywood Assoc. PO Box 11700 Tacoma, WA. 98411 Rinker Materials 805 N. Railroad Ave. West Palm Beach, Fl. Lindsley Lumber Co. Steel Division Dania, FI. Security Planning, Inc. First National Bank Bldg. Miami, Fl Dade County High,vay Design Section C & C Construction 613 Tabor Place Investor Planning Corp. 60 E 42aa Street New York, N ¥ Building Official Building Official Assistant Building Official Construction Consuhant & General Contractor Director of Primary Housing Sr. International Field Services Representative Eng. Coordinator Field & Fabrication of Projects Estimation, Detailing, Field Supervision, Customer Relations Sales Representative Estimator & Designer I~stimator & Designer Sales Representative JU~t-I.'-:-0'- WE£, 9'"':: AM Pt, MPA[t0 E:EA,.~H E:LE, G. [~EPI FiX It,..',. 954 ?::':6 4677 P. 4 JEROME SANZONE 200 MACFARLANE DELRAY BEACH, FL. 33483 (561) 243-3299 OUTLrNE RESUME (CONT'D) Sept. 1958- Jan, 1960 Sept.,1955- Sept.,1958 June, 1954- Sept, 1955 New York C~ty Conm~unity College 300 Pearl St. Brooklyn, NY United States Army Levy & O'Keef 1'71 Madison Ave New York, NY Const~'uct ion Tech., ABS Degree Corp of Engineers Mechanical Desigr~ JUtt-I:':-0'2 WE[, 9:"4 ~.M F',:,};fF?.lt,:, BEAC. H BL[,G. [,EP'I F3.X I.K,. 954 ?;!:F, 4ff, 7'7 .:. 5 PROFILE Date of Birth: Marital Status: General Health: Military Service Certification: School: Organizations: August 27, 1936 Married Excellent US Army Corps of Eng. -Honorable Discharge. 1955-1958 Florida State General Contraciors License ~GC-007690 Cextified by the Department of Professional Regulations in the Following areas: Buildhlg Code Administrator; Structural Plans Examiner and Inspector; Electrical Plans Inspector; Mechanical Plans Inspector Plumbing Plans Inspector C.A.B.O. Certified Building Official #923 Florida Bo~d of Building Code and Standards Certificate #I I 1 Building Officials Association Building Code Director Certificate #147 South Florida Building Code Building Official, Chief Stntctural Inspector and Plans Examiner NYCCC A.B S. Degree in Construction Technology Florida Atlantic Builders Association Chairman of Affordable House Conm',ittee Governmental Affairs Committee Builders Association of South Flori6a Co-Chairman of Teclmical & Co~tstruction Conuniltee Cortstruction Specifications Institute Building Officials Association of Florida SU~:-I-':-0" HI:, 9:"4 A~ F',:,g::'A~:,:, I:.'EACH i::LI:,G. DEF': F$..~: ~{0. 954 ~:-::(. 4t".77 :'. (. J£KOME SANZONE 200 MACFARLANE DR DELR. AY BEACH, FL. PROFILE (CONT'D) Boards: Languages: Bro~ard County Construction Induslry Liceusing Board Paint Beach County Building Code Advisory Board Palm Beach County F/re Code Advisory Board Fire Code Board of Adjustments and Appeals SBCCI By-Laws Comntittec SBCCI Code hlterpretalion Con~nittee SBCCI Existing Building Codc Committee SBCCI General Design Cornntittee BOAF Resolution Committee Palm Beach County Hurricane Retrofit Con,u~ittcc PaLm Beach County plumbing, Electrical and Mechanical Review Co~m~ittce Italian, Spanish, ~lapanese and Latin JU,'I-I-':-O" WEI:, 9:'35 .:'.ff ~',:,MF'A1E, £:E.!.,:,H I::LK, G. I:,E:'T FAX fi,:,. 95~ ?$(, 4e.',?? :. - CLIENT US Dept of Agriculture National Homes, Inc. Ryan Homes G.D.C. Heller. Weaver & Assoc. Genstar ITT G.P. Northwood Industries MarChem Everglades Chemical MCI-Carter Coating C.A. Maraado Florida Division of Law Enforcement JEROME SANZONE 200 MACFARLANE DR DELRAY BEACH, FL. CONSULTING ACTIVtTY Set up construction companies to build mass housing and train Personnel in Venezuela, S.A., 3 projects started. Acquire product approvals for their system under the SBCCI and SFBC. Analyze and solve construction problems. Analyze and solve construction problen:s. Evaluate buildings for condo conversions. Developed site plan for planned community m S. Dade Evaluated structures at Paint Coast b: Buimell, Fl. Approved as expert witness in American Arbitration and Federal Court. Analyze and solve problen~ of construction applications. Advised on marketing of construction products and gained code approvals. Advised on marketing of construction products and gained Code approvals. Advised on marketing of construction products and gained Code approvals. Advised on marketing of construction products and gained Code approvals. Advised on marketing of construction products and gained Code approvals. Analyze, investigate and evaluate projects as well as teslify as An expea witness for the Construction Fraud Case JUff-l-:-0" WEI:, 9:'"6 AM N'M~'AN0 ]:',EACH BLI:,G. I)EFT ~i× ~{0. 95J 7~',6 ~t',77 :. ~: JEROME SANZONE 200 MACFARLANE DR. DELRAY BEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS American Concrete Institute (AC[) American Institute of Timber Construction (AITC) Building Officials Association of Florida (BOAF) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Administratbrs (BOCA) Construction Specification Institute (CSI) Council of American Building Officials (CABO) International Contbrence of Buildh~g Officials (ICBO) Southern Building Code Congress International (SBCCl) PROFESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals: Building Official/Plans Examiner Building Officials Association o£Flotida: Building Official/Department Director Council of American Buildiug Officials: Building Official Florida Association of Plumbing-Gas-Mechanical Inspectors, Inc. State of Florida, Department of Business & Professional Regulation: Building Official/Code Administrator, Plans £xantiner, Inspector State of Florida. Department of Business & Professional Regulation: General Contractor State of Florida, Florida Board of Building Codes &. Standards: Building Official RELATED IND. USTRY ACTIVITIES Building Association of South Florida: Co-Chairman. Construction & Codes Committee 1980-81 Chaim~an, Palm Beach County Fire Code Advisory Board 1990-94 Chairman, Palm Beach County Fire Code of Appeals & Adjustments I990-94 College ofarchitecls. Engineers & Surveyors Seismic Committee 1968-73 Low C6st Housing Committee- Puerto P, Jco 1963-611 President. Building Officials Association of Broward County 1987-88 President. Building Officials Association of PalmBeach County 1994-95 Southern Building Code Congress lntemalional By-Laws Commitlee 1992-93 Southern Building Code Congress International Code Interpretation Committee 1994-95 Southern Building Code Conference International Existing Building Code Committee 1995-97 Southern Building Code Conference International General Design Comnfittee 1997-Present ~J'r[ By: HANDEE S SCHArZ,PA; DELR. A¥ ~ACH i© 561 833 1881; Nov-13-01 3:38PM; Page CITY OF DELRAY BEACH BOARD MEMBER APPLICATION i3. La.IRes&ncc: sane es #2 L4. P~ndp~ B%smessAd&~s: ' 220 Sunrise Avenue ~20g 5 HomePhoa~: 561-274-0010 Randee Delra.v City Pnl m ~£ 1. $. 7_ip Cod~ 33483 Beach gt~t¢ Zip Code $~te Reach ' Z~ Code 33480 [6 ltusiae~ Phone: E-Mail Ad&ess: [ ~ Phone: 561-83~-18~6 ~] e~ i ~~ce: P[ann~n~ and Zon~ne . 561-833-1881 and have been twice electe~ as Chairperson by mv re]law,hoard members_ 9. F'-duca~ona~ cluaLlfiCagOnS: ; B,S. - ~ducaCion~ J.D. 1978 ~0. L[s~ ~1~ ~ced prof~sio~ c~ca6ons ind acemc, w~ you bo~ I am a licensed attorney in the State of Florida and Columbia as well as a licensed real estate broker. the District of 2/2 11 Gh,e your present, or most tece=£ employer, a~d position: Randee S. Sch.atz, P.A., ow, n,,~r/attorne~ Zn ndd~t~.n en havens ~ .... a .~ various boards ~htch are re~a:qd co area~ e~ecred h~ p~ann~nR and xo.tng issues, m7 law practice has had a large emphasis on real estate transacCions including planning and zoning ma~ter. at both a municipal and cotiRty wide level. conc~ ~ ~is ~pphc~on ~y ~use fo~e u~m my p~ of any ~o~ I ~y ~occ: ~ app~c~don ~ re~ ~ ~e m ~e ~ Cl~k's Office for a period y~ ~t was ~om sub--cd. It ~ be ~e app~Cs ~pon~b~ co ~,~e ~at n ~enc zpph~non i~ on RI~. RECEIVED N0V I 3 2001 I!11 CITY OF DELRAY BEACH · ! !" BOARD MEMBER APPLICATION~ 1993 . . Please type or pnnt the followu~_ in~otmagon: ' , . 1. L~ Nam~ - " Name M. L z Hom~Addre-:o..,- IC-.~ _ iS,~ LZi_'pCo_a.e I 4. ?rincip~lBusi~es~Addr~: - , [ ci~ I State I ZipCod~ / I ~ I I / · ~'~"~ !~~ ~'~ I I I~'°~/~ ~0. Li~ my rel~.d professional, cerdfc~iom and ~ -11. Give your pr¢~e, nt, or mos: recent employer, and position: . 12. Describe expefi~--t ~ or lmowled~ ~hlga cl,,,1;~yyou to serve oadais boa~ (Please amr. h ~ b~~) EDUCATION: ' Clark University, Worcester, Ma. Libm~ Arts Major Boston College, Boston, Ma. Economics major, one year Pratt Institute, Brooklyn, New York, Architectural Degree. Architects Medal for Excellence in Architecttral Education Harvard University Graduate School of Design, Sune 1989 Harvard University Graduate School of Design, Suly, 1996 American Institute Of CERTIFICATION: Registered Architect: Florida ,nd nllnois Silberstein Architects was founded in 1990. We are a small firm with a reputation for innovative design and delivering projects within budget and on schedule. This is evident as we continue to work with repeat clients and referrals generated by our reputafio~x Our success evolves as we assist clients in defining project goals _well before suggesting solutions, a process that creates a full understanding of objectives before ~'ansformafion into reality. Mr. Silberstein has practiced erchitecture, both nationally and internationally for over 21 years with a list of promtneut architectural firms and projects to his credit. He has been associated with many building types, including educational facilities, office buildings, interior office and residential renovatious, museum.s, art galleries, religious facilities, residences, mixed - use developments and cornmeal projects. The American Institute of Architects has _~n~led several of these commissions out for special honors. In 1998 Jeffrey Silberstein was awarded The Award of Honor for Design by The American Institute of Architects. He was reco?!=ed for "the high quality and originality of his work over an extended period of time". His work has been featured in The Miami Herald, The Sun - Sentinel, The Palm Beach Post, Florid .Arc~tect, Interior Design, The Boca Raton News, Architectural Record and other international publications. Mr. Silberstein has served as, a guest writer for the Hartford Architectural Conservancy and The palm Beach Post, a critic member of the Works of Art Committee of the Boca Raton Museum of Art, a member of Junior Achievement and on the Boca Raton Commtmliy Redevelopment Agency Task Force on The Grace Comm~qion. He currently serves as Chairman of the Board for The To~_~Int L'Ouveture High School for Arts and Social Sustice in Delray Beach, Florida. ' ~ Mr. Siiberstein resides with his wife Rosemary sad two daughters, Angelica and Sarah in Boca Raton, Florida. LIST OF RESIDENTIAL PROJECTS CONTINUED RESIDENIIAL: Lsssiter Residence, Bonaire, Netherlands Antilles Botman Residence, Bonnire, Netherlands Antilles Epstein Residence, Weston, Florida Green Residence, Boca Raton, Florida Pineapple Place Condominiums, Delray Beach, Florida Schmier Residence, Delray Beach, Florida SchlJcht Residence, Boca Raton, Fl. Nuckles Residence, Delray Beach, Florida Caribbean Blue Condom!nfums, Bonaire, Netherlands Antilles (Current) Cohen Residence, Deb-ay Beach, Fl. (Cun'ent) lkoin Residence, Boca Raton, Fl. (Current) Scharer Residence, Manalapan, Fl. (Cra'rent) King's Row Townhouse Community, Deh'ay Beach, FI. (~t) L~T OF ~ROJKCTS: National Custom Homes: Custom Homes Wycliff Country Club: Custom Homes Governor's Walk, Delray Beach, Fl. NeaPs Market Townhouse Community, Delray Beach, FI. (Ctm-ent) Kalkavan Residence, Les Sardins, Boca Raton, FI. (Ctn-rent) Hakkenberg Residence, Bona{re, Netherlands Antilles Featured in Caribbean World Magazine Foght Residence I, Bonaire, Netherlands Antilles AIA Award of Honor For Design Foght Residence Il, Chicago, Ulinois (Current) Foght Residence I~ Bonah'e, Netherlands Antilles (C~Tent) Richman Residence, Delray Beach, Florida Littman Residence, Bonaire, Netherlands Antilles ~ Kstzev Residence, Bonaire, Netherlands Antilles Gardenia Place Townhouse Community, Lauderdale By The Sea, Fl. One Young Circle Condominium Tower, Hollywood Beach, Fl. Andrews Residence, Ocean Ridge, Florida Andrew's Residence !~, Ocean Ridge, Florida ( current ) Ticktin R~sidence, Ft. Lauderdale, Fl. I.~ST OF PRO,IECTS: SCHOOLS: Boca l~tou Community High School, Science Addition and Master Plan, Boca Raton, Fl. AIA Award for excelleuce ia Florida Atlantic Univer~ity, College of Education, Boca Raton, Fl. Hunt Elementary School, Coral Springs, Fl. Harid Conservatory, Boca Raton, Fl. Temple Israel Early Childhood, West palm Beach, Fl. All - Star Academy & Sports Camp, Dell'ay Beach, Fl. Temple Bet Emet Early Childhood and Grades 1~2 &3, Cooper City, Fl. Toussaint L'Ouverture High School for Arts and Social 3nsflce, Delray Beach, Fl. MUSEUMS: Museum of Modern Art, Seoul, South Korea. AIA Award for Excellence in Design. The Gallery Center, Boca Raton, Fl. Moriksmi Museum, Delray Beach, Fl. SPECIALTY PROJECTS: West Regional Courthouse, Plantation, Fl. B'uai Torah Congregation, Boca Raton, Fl. Temple Israel, West palm Beach, FL Boca Raton Mausoleum, Boca Raton, Fl. Temple Bet Emet, Cooper City, FL ( Current ) Temple Israel, West ps~m Beach, Fl. (Cturent) LIST OF PRO~ECTS: OFFICE BUILF)INGS: Bank of Nova Scotia, Curacao, Netherlahds Antilles Presidential Circle, Hollywood, FI. Winner of many design awards. Management Systems Worldwide, LLC., Delray Beach, FI. (C~t) WJlVlX Studios, Boca l~ton, FI. AIA Award faf Excellence in Design. NCNB Bank, Boca Raton, FL Over $00,000.00 square of office space planning for Henderson Mental Health Center, WR Grace, Trammel Crow, Gampel Orgn~iT~OIl, PaIlther l~a]t~, alld other corporate clients. Spectrum O~ce Park: Two Pha~e 45,000 s.f ORice Building, Ft Lauderdale, Fl. Sirs Inc., Delray Beach, Fl. Sflberstein Architects, Delray Beach, Fl. AIA Award for Excellence in Design, 2000. Office Building for Dr. Reilly, Delray Beach, Fl. (Current) COMMERCIAIJRETAIL PROJECTS: Hertz Service and Rental Facility, Windsor Locks, Connecticut. AIA Award Boca Valley Shopping Center, Boca Raton, FI. Key West Espresso & Ice Cream, Key West, FL Litmmn Jewelers, Bonaire, Netherlands Antilles. Littma. n's At The Plaza, Bonaire, Netherlands .~nfilles Littmnn's, Bonaire, Netherlands Antilles Pepperco~n's Cafe, Key West, Fl. IJ.qT OF PROJECTS: HOTELS & RESORTS: Paradise Village Tulip Hotel, Curacao, Netherlands ,Antilles The Hamlet Resort, Bonabe, N~therlands Antilles Avila Beach Resort, Curacao, Neth~lands An__fi_l_les MIXED USE PROJECTS: Union Station, I-hrfford, Connecticut Pineapple Place, ]~lray B~ach, Fl. One Young Circle Condominium Tower, Hollywood Beach, Sirs Office and Retail Complex, Delray Beach, Fl. EqTERIOR ARCHITECTURE: Becker Residence, Boca Faton, FL A.LA. Award 1999 Foght Residence, Bonaire Netherlands Antilles. A.LA Award 1997 Agardy Residence, Boca gaton, FL Katzev Residence, Bonaire, Netherlands Antilles Green Residence, Boca Raton, Florida Simon & Simon Law Offices, Delray Beac~ Florida WJMK Studios, Boca l~aton, Fl. AIA Award for Excellence in Design. RECOGNITION: American Institute of Architect~ AwaFds for Excellence in Design: Boca Raton Community High school, Boca Raton, Fl. WLMK Studio, Boca Raton, Fl. Foght Residence, Bonaire, Netherlands Antilles Becker Residence, Boca Raton, Fl. Museum of Modern An, Seoul, $ou~ Korea Silberstein Architects, Delray Beach, Fl. Award of Honor for Design from .The Palm Chapter of thc American Institute of Architects to Silberstein Architects for their outstanding contribution towards architectural design. Jeffrey Silberstein was cited for the "high quality and originality of his work over an extended period of time". 1998 Publications: Architectural Record Florida/Caribbean Architect Boca Raton News Sun - Sentinel Miami Herald Interior Design DBZ German Design publication C~ribbeah World Magazine CITY OF DELRAY BEACH 'BOARD MEMBER APPLICATION 993 ~001 __i~'hse ~rpe ~ pant the fol/ow!a~ inf~,6on: [ "~ ~""*: ~eid~n - -- I"~ Michael - ..~"-'- B. h ~~.',~d~: ' - O~ ....... S~~ ~C~ 3125 S. Federal Highway Delray Beach FL 33483 5' H°mJ~h~e: ] Bu~"Ph°~: [~Ad~e':' l~Ph°nC' "~'x:~61-278L744 6 561-703-6453 " A. ~o. ~ r.~t. cd..JtCr~ ~es ' zf.o. ~,h.. =, ~o..~,t~..a~ Delr~ Beach SPRAB - Appointed 9/1/2000, serving until August 21, 2002 9. ~c',o,~m~,.~°,,· Batchelor of Arts Degree in ~conomics- ..' ' University' of__. ~6nnecticut- 1967 - ! I I. Give your present, ~t most recent emplol, cr, tad position: ' w ~ en o* ~ a o Delra Beach _ 12. l~.K. ribe cxper;.tnc~.t, ,ki~ oz ~owledge ~ch quz~fy yo~ to se.~,, on d~ boozd. (Pin,,, atuch t bticfrclume) · I've served on SPRA~ for almost 2 years. ,' I~e had direct design & fabrication involvement, as well as layout, installation, material choice, color variations & color scheming experience in literally thousands o~ signs over the last 7~ 2¢~r$ in projects large and small in scope. Included in my portfolio are the sig~the Old School Square, F~rst Night, Joint Venture, Ictk'$ O~uce thc dote ~t subrr~ttcd. It ~ be the opplicint's respomJl~ry to cmutc that I cu~ent tppbc~ion ss on SPEEDY SIGN*A*RAMA USA 3t25 ~outh Federal Highway, Delray Beach, FL 33483 56t.278-'/446 FAX 66t-278-643t FAX COVER PAGE TOTAL OF TWO(2) PAGE(S) INCLUDING THIS COVER SHEET DATE: June 18, 2002 TO: Karen Schell, Executiv~(s'~/Istant I Board Liaisons FROM: M~ke Sneld~ · RE: Rea ppoJntm,nt t~/S/F~RAB Thank you for the cal~la~t ~Friday to advise-- me that my 2 year t~rm on SPRAB was neartng its end. i've enjoyed my tenure on the board and would consider It an honor to Serve Delray Beach In this capacity again. To this end, please find attached to this communication my filled out application for reappointment, if you would See that it goes before the proper commissioners with this statement of my desire to serve in this capacity again, I would be much obliged. Thank you for your help. Menlo To= From: Date: Re: David Harden, City Manager Lula Butler, Director, Community Improvement October 11,2002 Soul of Delray Special Event Activity ITEM BEFORE THE COMMISSION: Consideration of a request from Clay Wideman, President of the Delray Merchants Association, to amend the repayment agreement governing the $30,000 reimbursable grant awarded in February 2002 for the Annual "Soul of Delray" event, which w~ll allow repayment over a three-year period in $10,000 increments. Additionally, his request includes the approval of the new partnership between the Delray Merchants Assoc~abon and the Village Foundation in presenting this event. BACKGROUND: The City Commission approved a reimbursable grant to the Delray Merchants Association, (DMA), represented by Clay Wideman, for the Annual "Soul of Delray" event on February 13, 2002 in the amount of $30,000 to cover the shortfall resulting from anticipated sponsorships that did not come to fruition. The agreement provided that this grant be repaid back to the City by the DMA within one year, with no interest for the one-year period. It further provided that at the end of one year, or no later than February 15, 2003, the parties w~ll review the progress made for the reimbursement of the funds and take whatever steps are appropriate. This year's "Soul of Delray" event will be presented by the Delray Merchants Association ~n partnership with the Village Foundation. All proceeds will benefit the Vdlage Academy Elementary School. Under this new partnership, the planning committee will consist of the following persons: Clay and Hyacinth Wideman, Chuck Ridley, Rick Seymour, Joe Gillie, Commissioner Pat Archer, Lula Butler, Bob Barcinski, James Thomas and Peter Smith as ad-hoc member representing Unique Productions International. The planning committee will be responsible for decisions govermng such matters as: establishing the event budget, approval of all entertainment contracts, establishing the event time and location, vendor selection, appointing volunteer sub-committees, oversight of revenue and expenditures, assisting with the solicitation of sponsorships and other matters required to plan and carry out the event. Soul of Delray October 11, 2002 The event is tentatively scheduled for March 22, mid-day through 11:00PM. The event will require closure of a portion of West Atlantic Avenue to the Swinton Avenue ~ntersection during the day, and w~ll move to the Old School Square Pavilion for the evening entertainment. Unique Productions will be the contracted consultant for booking artists. Joe Gillie, Director of OSS, will review all contracts before final approval and execution of any such contracts. The V~llage Foundation will function as the non-profit partner with the required 501(C) 3 designation for receiwng donations. The new partners are requesting City Commission approval to extend the repayment of the Merchants Association grant, required to be repaid by February 2003, to a three-year period beginning February 2003 at $10,000 per year. They recognize the need to reserve a portion of revenues that may be generated as seed dollars for the subsequent year. The goal of the new partnership is to ultimately provide financial support for Village Academy Elementary School. Clay Wideman and Chuck Ridley will be present to answer any questions the Commission may have on this proposal. RECOMMENDATION: Staff is recommending that the Commission consider this request as presented by Clay Wideman and Chuck Ridley. LB:DQ Soul of Delray. Oct2002 · Page 2 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY MERCHANT'S ASSOCIATION THIS AGREEMENT is made this _,~f/'"' day of ~/._~__~/~, 2002, between the CITY OF DELRAY BEACH (City) and the DELRAY MER'CHANT'S ASSOCIATION (DMA). WITNESSETH: WHEREAS, the "Celebrate the Soul of Delray" is a special event that celebrates the City's ethnic diversity; and, WHEREAS, the first "Celebrate the Soul of Delray Event" was held in 2000, and the community event enhanced the appreciation of the City's diversity; and, WHEREAS, a second "Celebrate the Soul of Delray Event" was held on February 16, 2002; and; WHEREAS, prior to the February 16, 2002 event, the event organizer appeared before the City Commission of the City of Delray Beach to ask for funding assistance; and, WHEREAS, this assistance was granted by the City Commission on the terms herein provided. NOW, THEREFORE, based on the promises and covenants made herein, the parties agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Consideration. The City has agreed to and has provided monies in the amount of thirty thousand dollars ($30,000.00) for the event. This grant is to be paid back by the DMA within one year. There will be no interest charged on the grant funds that are reimbursed to the City during the one year period. The DMA organization will be responsible to pay all other costs. 3. Review. At the end of the one year pedod, or no later than February 15, 2003, the parties will review the progress made for the reimbursement of the funds and take whatever steps are appropriate. 4. Entire Aareement. This is the entire Agreement of parties and modifications must be in writing and executed by the parties hereto. 5. Authority. The signatories assert that they have the authority to execute this Agreement on behalf of the parties to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first written above. City' Clerk Approved as to Form and Legal Sufficiency: By: City Attomey CITY Of DELRAY BEACH, FLORIDA David W. Schmidt, Mayor 2 WITNESSES: int Name~~~ Print Name: DELRAY MERCHANT'S ASSOCIATION (DMA) By://~/ Prin'~a~: Title: Cl~y Wideman President STATE OF FLORIDA The foregoing instrument was ac~ov)/ledged title o~officer or agent)of // acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is~nally know. to me or has pro~;;ed .............. (type of identification) a>sadjentification. ----- Sig~at~"r~ Of I~°ta-ry P~l~lic - S'{ate I~'1~'~'~ MY COMMISSION # CC 8050E5 of Florida I ~,..~ ~,~.~ EXPIRES: January 2'/, L~03 before me this / day of (name of officer or agent, (name of corporation Date: October 11, 2002 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special When: October 15, 2002 Description of Agenda Item: Amendment to Soul of Delray Agreement Ordinance/Resolution Required: Yes / No __ Workshop __ Consent Draft Attached: Yes / No Recommendation: Commission Action Department Head Signature: ~~j~~;t~~~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: Yes / No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved Merllo To: From: CC: Re: City Commission David Harden October 10, 2002 Tripartite Agreement for Library Property You may wish to delay action on this agreement and Resolution 83-02. There has been some discussion of making the existing library building available for the Palm Beach Photographic Workshop. The concept discussed is for the City to buy the future library site from the CRA. We would then trade the new library site with the library for their existing building. Then the City would own both the site and building for the existing library. We would lease the existing library building to the Palm Beach Photographic Workshop for about what they are currently paying to for their present location, which is about $77,000 per year. They would be responsible for all leasehold improvements to adapt the building for their use. A ten year lease was enwsioned. I recommend delaying action on the Tripartite Agreement to allow time to more fully explore the above option. The shared parking agreement should be approved today. £1TV OF I)ELRIIV BEI:II:H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7091 1993 DATE: October 10, 2002 MEMORANDUM TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Resolution 83-02 Authorizing the Transfer, Conveyance and Lease of Land as Set Forth in the Tripartite and Intedocal Agreement (Exhibit 1) and the Interlocal Agreement Relating to Shared Parking (Exhibit 2); Approval of Tripartite and Interlocal Agreement Between the City of Delray Beach, CRA and Library and the Intedocal Agreement Relating to Shared Parking between the County, City, CRA and the Library Resolution 83-02 incorporates the two Interlocal Agreements referenced above. The resolution authorizes the transfer, conveyance and lease of the properties referenced in the agreement. The Tripartite and Intedocal Agreement and the Interlocal Agreement relating to Shared Parking should be separately considered by the Commission. A summary of the agreements is set forth below: Tripartite and Interlocal Agreement Between the CRAf City and Library The City owns the land and the Library owns the buildings on the current library site. The City leases the land to the Library. The CRA owns the land for the new library site. (The County owns the land adjacent and to the south of the new library site where a shared parking facility will be constructed). The agreement provides: 1. The transfer of current library site from the City to the CRA. The Library will convey the buildings on the current site to the CRA. October 10, 2002 Page 2 2. The CRA will transfer to the City the new library site (known as Parcel III). The Library is to relinquish its current long-term lease on the current library site and enter into an interim lease on the current site until the new library is built on the new site. 3. The City will lease the new site to the Library for 99 years and the Library will have an option to purchase the property for One Dollar after 20 years in accordance with the long-term lease attached as Exhibit "A" to the Tripartite Agreement attached as Exhibit 1 to the resolution. The Interim Business Lease is set forth as Exhibit "B". 4. The closing date on the exchange shall occur when the Library commences construction, but not later than December 31, 2005. If commencement of construction occurs later than December 31, 2005, the agreement to exchange the lands will be void unless later modified. 5. After the execution of this Tripartite Agreement, an appraisal of the current library site and new library site will occur with each party to share equally in the cost. 6. The CRA is to sell the current library site. Proceeds from the sale shall be distributed as follows: a) CRA to keep all proceeds up to the value of the new library site. b) The City to keep proceeds in excess of the value of the new library site up to the appraised value of the current library site. c) Thereafter, if any proceeds remain, the Library shall receive up to the value of the building improvements on the current library site. d) Thereafter, if any proceeds remain, the proceeds will go to the City and CRA equally. 6. The Tripartite and Interlocal Agreement is contingent upon the execution of an agreement with the County, the Library and the City as to parking, etc. Interlocal A!3reement between the County~ City, Library and CRA Pertainin; to Parkin;, etc. This agreement is a substitute for an existing Intedocal Agreement between the City, County and CRA related to the development and future expansion of the courthouse. This substitute and expanded Interlocal Agreement provides: 1. The County plans to expand the courthouse in three phases. Phase 1 includes the construction of parking and related improvements for joint use by the County and the Library on the east side of S.W. 2nd Avenue. Phase 2 includes the addition of $75,000 square feet to the courthouse and associated site work on the west side of 2nd Avenue. Phase 3 includes renovations to the current courthouse building. 2. The Library will start construction of the Library after the completion of the parking facilities to be constructed by the County no later than November October 10, 2002 Page 3 15, 2003. The County will permit the Library to use a portion of the parking facilities as a staging area. 3. The Library will pay for all costs in excess over the amount of $1,750 per County parking space minus the City contribution and CRA contribution. The County will pay for any changes made by the County to benefit the courthouse. 4. The City will pay $534,000 so that the construction is done in a manner that future expansion is possible. The CRA will pay $100,000 to the Library if approved by the CRA. 5. The City will design, construct and maintain storm water facilities (except the County will pay for an underground filtration system). 6. The County will pay all water sewer connection charges. The City will pay for utility upgrades. 7. The City will process an abandonment of the north/south alleyway and other abandonments, including the east/west alleyway. Upon abandonment of the east/west alleyway, the City will convey the northern half to the County and then the County will convey the north and south halves (the entire alley) to the City subject to a reverter in the County. 8. The need for security will be addressed in accordance with the current policy which is the same as set forth in the current agreement. The City currently does not provide a full-time police officer. The County will provide for a contract security position upon occupancy of the courthouse expansion. 9. The City is to convey a temporary parking easement for contractor vehicles to the County and to the Library during construction, preferable within a two block area. 10. The Library and the County will be responsible for the operation and maintenance of the parking facilities. The Library is to pay the County 31% of all on-site operation and maintenance costs. 11.The City, County, Library and CRA shall be able to use the County spaces in the facility upon 30 days advance notice after normal parking hours. The County will review the request and will approve any fees desired to be charged. The fees for temporary use of the parking facilities will only be approved if they are of benefit to the City, County, or Library. The fees for temporary use of the parking facilities will only be approved if they are of benefit to the City, County, or Library. The fees for temporary use of the parking facilities will only be approved if they are of benefit to the City, County, or Library. 12.The term of the agreement is for 30 years and may be renewed for two additional 30 year terms. October 10, 2002 Page 4 Please call if you have any questions. Please place the above-mentioned agreements on the October 15, 2001 agenda, along with Resolution 83-02 for City Commission approval. SAR:smk~ Attachments CC: David T. Harden, City Manager Barbara Garito, City Clerk Diane Colonna, CRA Director John J. Callahan, III, Library Director Audrey Wolf, Director, P.B. County Facilities Development & Operations RESOLUTION NO. 83-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER, CONVEY, AND LEASE REAL PROPERTY IN ACCORDANCE WITH THE TRIPARTITE AND INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH (THE CITY), COMMUNITY REDEVELOPMENT AGENCY (CRA) AND THE DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. (LIBRARY) AND THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY (COUNTY), THE CITY, CRA AND THE LIBRARY (KNOWN AS THE INTERLOCAL AGREEMENT FOR SHARED PARKING), WHICH PROPERTY IS LOCATED AT 29 S.E. 4TM AVENUE, DELRAY BEACH (CURRENT LIBRARY ADDRESS) AND 132 WEST ATLANTIC AVENUE, DELRAY BEACH (PROPOSED SITE), AS MORE PARTICULARLY DESCRIBED HEREIN TO FACILITATE THE RELOCATION OF THE PUBLIC LIBRARY. WHEREAS, the City owns real property known as the Current Library Site legally described as Lot 7, less the North 16.0 feet and the West 8.17 feet, Lots 8 and 9, less the West 8.17 feet, the North 20 feet of Lot 10, Less the West 8.17 feet, Town of Linton (now Dekay Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, known as the Current Library Site; and WHEREAS, the Current Library Site is encumbered by a long-term land lease in favor of the Library; and WHEREAS, the CRA is the owner of property legally described as Lots 1 through 4, Block 53, Town of Linton (now Delray Beach) according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, less the right-of-way for West Atlantic Avenue, (known as the Parcel Three Property or New Library Site); and WHEREAS, Palm Beach County owns adjacent land and agrees to share parking in accordance with the Interlocal Agreement for Shared Parking; and WHEREAS, the aforesaid Interlocal Agreements provide that the City shall convey to the CRA the Current Library Site, including the building that shall be conveyed by the Library, the CRA shall convey Parcel Three or New Library Site to the City in exchange for the Current Library Site. The Library will be released from the lease at the Current Site and the Library shall enter an Interim Business Lease for the Current Site until the new Library Site is built and a CO has been obtained. The City shall the lease to the Library the New Library Site for 99 years with an option to purchase for One Dollar ($1.00) after twenty (20) years; and WHEREAS, the County shall construct Parking Facilities on land to the South of Parcel Three at the New Library Site; and WHEREAS, the Inteflocal Agreement related to Shared Parking calls for the conveyance of certain rights-of-way pursuant to Paragraph 13.04 of the Interlocal Agreement; and WHEREAS, the parties agree that the aforesaid transfer, leases and conveyances are for a valid public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The above recitals are incorporated as if fully set forth herein. Section 2. The City agrees to the transfer, conveyance and lease of the properties as set forth above and as set forth in the Tripartite and Interlocal Agreement that is incorporated as if fully set forth herein as Exhibit 1. Section 3. The City agrees to the transfer, conveyance and lease of land as set forth above and as set forth in the Interlocal Agreement pertaining to shared parking that is incorporated as if fully set forth herein as Exhibit 2. PASSED AND ADOPTED in regular session on this the ~ day of October, 2002. ATTEST: MAYOR City Clerk 2 RES. NO. 83-02 NOTICE OF INTENT TO TRANSFEI~ CONVEY AND LEASE REAL PROPERTY NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its intention to transfer, convey and lease real property legally described as: Lot 7, less the North 16.0 feet and the West 8.17 feet, Lots 8 and 9, less the West 8.17 feet, the North 20 feet of Lot 10, Less the West 8.17 feet, Town of Linton (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. And Lots 1 through 4, Block 53, Town of Linton (now Delray Beach) according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, less the right- of-way for West Atlantic Avenue (known as the Parcel Three Property or New Library Site). Subject to easements, restrictions, limitations, conveyances of rights-of-way and other matters of record for good and valuable consideration, which are identified in the Tripartite and Interlocal Agreement and Interlocal Agreement for Shared Parking which are Exhibits to Resolution No. 83-02 and available for inspection at the Office of the City Clerk. Resolution No. 83-02 of the City Commission of the City of Delray Beach, Florida authorizing the transfer, conveyance and lease of the property and on the terms and conditions set forth in the agreements, will be considered for adoption by the City Commission at a public hearing to be held at 7:00 p.m. on Tuesday, October 15, 2002. Further information, as available, may be obtained fi.om the City Manager's Office. CITY OF DELRAY BEACH, FLORIDA Barbara Garito City Clerk Publish: The News October 8, 2002 October 15, 2002 TRIPARTITE AND INTERLOCAL AGREEMENT THIS TRIPARTITE AND INTERLOCAL AGREEMENT is made and entered into this day of ,2002, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (the "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to Florida Statute, Chapter 163, (the "CRA"), and the DF_LRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., (the "LIBRARY"). WITNESSETH: WHERF,AS, the CITY and CRA both being bodies politic in the State of Florida are desirous of entering into this Tripartite and Interlocal Agreement with the LIBRARY in accordance with the provisions of Florida Statute, Chapter 163.01 et seq.; and WHEREAS, the CRA is the owner of certain real property located at 104 West Atlantic Avenue, Delray Beach, Florida 33444, and 132 West Atlantic Avenue, Delray Beach, Florida 33444, and herein referred to as "Parcel Three", being more particularly described as follows: Lots 1 through 4, Block 53, TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, less the right-of-way for West Atlantic Avenue. ; and WHEREAS, the CITY is the owner of certain real property herein referred to as the WORDdocs\cl~ents\cra\library\Interlocal.agr 1 "Current Library Site" which real property is legally described as: Lot 7, less the North 16.0 feet and the West 8.17 feet, Lots 8 and 9, less the West 8.17 feet, the North 20 feet of Lot 10, Less the West 8.17 feet, Town of Linton (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. ; and WHEREAS, the Current Library Site is encumbered by a long-term land lease in favor of the LIBRARY; and WHEREAS, the CITY and the CRA desire to facilitate the relocation of the LIBRARY from the Current Library Site to Parcel Three; and WHEREAS, in order to facilitate such relocation, the CITY and the CRA are desirous of entering into this Tripartite and Interlocal Agreement providing for an exchange of the Current Library Site from the CITY to the CRA in return for the conveyance by the CRA to the CITY of Parcel Three; and WHEREAS, the LIBRARY is willing to cancel and surrender its Long Term Land Lease and any interest it may possess in the improvements located within and on the Current Library Site to the CITY in return for the CITY leasing to it Parcel Three in exchange for such cancellation and relinquishment NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The CITY shall convey to the CRA fee simple title to the Current Library Site in its then "as is" condition, subject only to both permitted exceptions set forth WORDdocs\clients\cra\library\Interlocal.agr in Paragraph 3., A., below and the CRA shall convey title to Parcel Three to the CITY in its then "as is" condition in exchange for said Current Library Site subject to only those permitted exceptions set forth in Paragraph 3., B., below. 2. Immediately following the conveyances provided for in Paragraph 1, the CITY shall lease to the LIBRARY Parcel Three for ninety-nine (99) years with option to purchase such property for One Dollar ($1.00) after twenty (20) years old in accordance with that certain Long Term Lease attached hereto as Exhibit "A". 3. A. Permitted Exceptions to Conveyance of Current Library Site: (i) The right of post-closing occupancy by the LIBRARY upon the terms and conditions set forth in that certain Business Lease attached hereto as Exhibit "B". (ii) Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Town of Delray Beach, Florida (f/k/a Linton), as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. (iii) Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens bythe public records. B. Permitted Exceptions to Conveyance of Parcel Three to the City: (i) Subject to that certain Deed dated September 18, 1967 and recorded October 24, 1967 in O.R. Book 1605, Page 228, Public Records of Palm Beach County, Florida, conveying the North 20 feet of Lots 3 and 4, Block 53, as recorded in Plat Book 1, Page 3, and a portion of Lot 4 for State right-of-way purposes. WORDdocs\cl~ents\cra\library\Interlocal.agr 3 (ii) Subject to a Unity of Title dated March 1, 1979 and recorded March 7, 1979, between Selective Resources Corp., of Delaware and the City of Delray Beach, as set forth in O.R. Book 3020, Page 138, Public Records of Palm Beach County, Florida. (iii) Current year taxes. 4. Closing and time for conveyance for such exchange shall be upon the LIBRARY obtaining all required building permits to commence construction of its intended improvements to Parcel Three and the redevelopment of such Parcel as a public library, to'~ provided, however, that in the event such closing shall not occur on or prior 5'~day of ~,~(--~',~, ~"C/ ., 200 ~', this Agreement shall become null and void. 5. Each party shall at their expense provide the receiving party with a Title Insurance Commitment and Policy in favor of the receiving party with respect to the property being conveyed to them in an insured amount equal to the appraised value of such property. 6. The parties agree that the CRA shall order an appraisal of the Current Library Site and Parcel Three promptly after the execution of this Agreement through Anderson and Carr Appraisers for purposes of establishing the appraised value of the respective properties for purposes of this Agreement. The CRA, CITY, and LIBRARY agree to share equally in the cost of such appraisals and the CITY and LIBRARY agree to remit to the CRA their share of the cost thereof within fifteen (15) days following receipt of an invoice from the CRA together with a copy of such appraisals. Upon obtaining the appraisal reports, each party shall have thirty (30) days thereafter to elect to terminate this WORDdocs\clients\cra\library\Interlocal.agr 4 Agreement if such report is unacceptable to them in their sole discretion. The parties hereby agree that in the event the CRA pursuant to its redevelopment efforts with respect to the Current Library Site, shall realize proceeds from its sale such net proceeds shall be distributable between the parties in the following manner: a) b) c) d) First, to the CRA all proceeds up to the appraised value of Parcel Three, then To the CITY, such net proceeds in excess of a) above up to the appraised land value of the Current Library Site, then To the LIBRARY, any net proceeds remaining after a) and b) above up to the appraised value of the Current Library Site building improvements, then To the CRA and CITY equally, any net proceeds then remaining after a), b), and c) above. Notwithstanding any provision of this Agreement to the contrary, the CRA shall have the free and sole discretion in determining the price and terms for its disposition of the Current Library Site pursuant to its public purposes and no special or fiduciary duty of any kind shall be created or imposed as a result of this Agreement. Further, the Agreement shall not be deemed to create an encumbrance of any kind on the title to the Current WORDdocs\cl~ents\cra\lzbrary\Interlocal.agr Library Site. 7. This Tripartite and Interlocal Agreement is contingent upon the execution of an Agreement for parking and land conveyances between the CITY, LIBRARY, and Palm Beach County, within days from the date of this Tripartite and Interlocal Agreement in form and substance acceptable to all of said parties. In the event such Agreement is not entered into, this Tripartite and Interlocal Agreement shall become null and void. 8. The CRA and LIBRARY shall within four (4) months from the date of this Agreement have the reasonable right of access to the respective properties being acquired for purposes of conducting such reasonable inspections and investigations of said properties for the suitability and acceptability of said properties by the receiving party. In the event the results of such investigations and study shall render the property to be received by either respective party unacceptable in such party's full discretion, either party may cancel this Agreement by delivering written notice to all of the parties hereto within said time. Neither party shall be entitled to cause any work to be done on said other party's premises which could result in a lien being paid therefor and each party agrees to indemnify, save, and hold the other party harmless for any and all work being so performed. 9. Each party shall maintain their respective properties, which are the subject of this Agreement, in the same condition as they exist on the date of this Agreement, ordinary wear and tear excepted. Each party shall bear the risk of loss relative WORDdocs\clients\cra\library\Interlocal.agr to their respective properties prior to closing and shall maintain casualty insurance to the extent of the full insurable value thereof. 10. Upon full execution of this Agreement, this Agreement shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. Attested by: CITY OF DELRAY BEACH By: .. David W. Schmidt, Mayor City Clerk Approved as to form by: Attested by: City Attorney DELRAY I~,~,CH COMMUNITY RE DEVEIO_t:~IN~G E NCY Oohh,~e~Ter, Print Name: ^~ved as to~ by: WORDdocs\clients\cra\library\Interlocal.agr 7 Robert W. Federspiel, P.A. ASSOCIATION. INC. Attested b · Secretary DELRAY BEACH PUBLIC LIBRARY Printed Name: .... ~,~,~ ! /Pl , /f,C/lC,"~,~j~ It's President WORDdocs\clients\cra\library\Interlocal.agr EXHIBIT "A" TO TRIPARTITE AND INTERLOCAL AGREEMENT GROUND LEASE This ground lease ("Lease") is made on the ~ day of ,200 , between CITY OF DELRAY BEACH, a Florida municipal corporation, with a principal place of business at 100 N.W. First Avenue, Delray Beach, Florida, and DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., a Florida corporation ("Lessee"), with a principal place of business at ARTICLE 1. DEMISE OF LEASED LAND Description of Leased Land 1.01. Lessor leases to Lessee, and Lessee rents and accepts from Lessor, a parcel of land in Delray Beach, County of Palm Beach, State of Florida ("Leased Land"), legally described in Exhibit A, attached to this Lease and made a part of it. If abandoned, the east/west alleyway shall revert in accordance with law to the appropriate party. If it reverts to the City, the Library's lease hold interest shall include the alleyway. Land Subject to Liens, Encumbrances, and Other Conditions 1.02. This Lease and the Leased Land are subject to all present liens, encumbrances, conditions, rights, easements, restrictions, rights of way, covenants, other matters of record, and zoning and building laws, ordinances, regulations, and codes affecting or governing the Leased Land or that may affect and govern the Leased Land after the execution of this Lease, and all matters that may be disclosed by inspection or survey. ARTICLE 2. TERM AND RENT Term of Lease 2.01. Lessee's obligation to pay rent and occupy the Leased Land in accordance with this Lease shall be for a term of ninety-nine (99) years ("Term"), commencing on [date or the date of this Lease] and ending on [date], unless terminated at an earlier date for any reason set forth in this Lease. Holdover 2.02. If Lessee holds over after the expiration of the Lease Term and continues to pay rent without objecbon from Lessor, then Lessee's tenancy shall be from month to month on all the terms and conditions of th~s Lease. Rent 2.03. Lessee shall pay rent to Lessor, without notice or demand and without abatement, reduction, or set- off for any reason, at the office of Lessor or any other place that Lessor may designate in wntmg. The rent shall be payable at the annual rate of One Dollar ($1.00) per year payable on the commencement of this C \docs~ch cnts\cra\h brary ] Lease and on each anniversary thereof. ARTICLE 3. USE AND CONSTRUCTION OF IMPROVEMENTS Primary Use 3.01. Lessee shall have the right to use the Leased Land for the operation of a public library. In this connection, and without detracting from the foregoing, it is understood and agreed that the primary purpose for which the Leased Land has been leased is for the development and construction of a public library. Any other primary use shall be subject to the consent of Lessor in writing. Lessor's consent shall not be unreasonably withheld. Lessee's Right to Construct Buildings and Other Improvements 3.02. Lessee shall have the right to construct structures, buildings, and other improvements ("Improvements") on the Leased Land, at Lessee's sole cost and expense, without the prior approval of Lessor. In connection with any construction, Lessee shall be permitted to grade, level, and fill the land, remove trees and shrubs, install roadways and walkways, and install utilities, provided all of the foregoing serve the Improvements erected on the Leased Land. Lessor shall have no liability for any costs or expenses in connection with the construction of Improvements on the Leased Land. The Lessor shall execute all consents necessary for Lessee to obtain permits, licenses, utilities, etc. ARTICLE 4. OPERATING COSTS AND IMPOSITIONS Rent to Be Absolutely Net 4.01. The rent paid to Lessor in accordance with Article 2 of this Lease shall be absolutely net to Lessor. This means that, in addition to the rent, Lessee shall be responsible for performing and paying all "Operattng Costs" and "Impositions" defined in Paragraphs 4.02 and 4.03, below, in connection with the Leased Land. Definition of Operating Costs 4.02. "Operating Costs" shall include, but shall not be limited to, all expenses paid or incurred in connection with the following activities: (1) Repairs, maintenance, replacements, painting, and redecorating. (2) Landscaping. (3) Insurance. (4) Heating, ventilating, and a~r conditioning repair and maintenance. (5) Water, sewer, gas, electricity, fuel oil, and other utilities. C ~ocs~hcnts\cra\hbrar¥ 2 (6) Rubbish removal. (7) Supplies and sundries. (8) Sales or use taxes on supplies or services. (9) Notwithstanding any other provision of this Lease to the contrary, the Lessee shall be responsible for the payment of all ad valorem taxes and assessments. (10) Costs of wages and salaries for all persons engaged in the operation, maintenance, and repair of the Leased Land, including fringe benefits and social security taxes. (11) All other expenses, whether or not mentioned in this Lease, that are incurred with regard to operation of the Leased Land, including any replacements if necessary for repairs and maintenance or otherwise. Definition of Impositions 4.03. "Impositions" shall include all fines and levies that result from construction activities or the normal operation of the premises on the Leased Land, all real estate property taxes, assessments, and other governmental charges that are la~d, assessed, levied, or ~mposed on the Leased Land and become due and payable during the Term of this Lease, or any lien that arises during the time of this Lease on the Leased Land and Improvements, any portion of these, or the sidewalks or streets in front of or adjoining the Leased Land and Improvements. ARTICLE 5. LAWS AND GOVERNMENTAL REGULATIONS Compliance With Legal Requirements 5.01. Lessee shall promptly comply with all laws and ordinances, and all orders, rules, regulations, and requirements of federal, state, and municipal governments and appropriate departments, commissions, boards, and officers of these governments ("Legal Requirements") throughout the Term of this Lease, and without cost to Lessor. Lessee shall promptly comply with these Legal Requirements whether they are foreseen or unforeseen, or ordinary or extraordinary Contest of Legal Requirements 5.02. Lessee shall have the right, after prior written notice to Lessor, to contest the validity of any Legal Requirements by appropriate legal proceedings, provided Lessor shalt not be subject to any criminal or civil liability as a result of any legal contest. Lessee shall indemnify and hold Lessor harmless from all loss, claims, and expenses, including reasonable attorneys' fees, as a result of Lessee's failure to comply with Legal Requirements or any contest relating to Legal Requirements C \docs~chents~cra\hbrary 3 ARTICLE 6. LIENS AND ENCUMBRANCES Creation Not Allowed 6.01. Lessee shall not create, permit, or suffer any mechamcs' or other liens or encumbrances on or affecting the Leased Land or the fee estate or reversion of Lessor except as specifically permitted in this Lease. Discharge After Filing or Imposition 6.02. If any lien or encumbrance shall at any time be filed or imposed against the Leased Land or the fee estate or reversion of Lessor, Lessee shall cause the lien or encumbrance to be discharged of record within forty-five (45) days after notice of the filing or imposition by payment, deposit, bond, order of a court of competent jurisdiction, or as otherwise permitted by law. If Lessee shall fa~l to cause the lien or encumbrance to be discharged within the forty-five (45) day period, then in addition to any other right or remedy of Lessor, Lessor shall be entitled but not obligated to discharge the lien or encumbrance either by paying the amount claimed to be due or by procuring the d~scharge by deposit or by bonding proceedings. In any event, Lessor shall be entitled to compel the prosecution of an action for the foreclosure of any lien or encumbrance by the lienor and to pay the amount of the judgment for and in favor of the lienor with interest, costs, and allowances if Lessor elects to take this action. All amounts paid by Lessor and all of its costs and expenses in connection with the actions taken by Lessor, including court costs, reasonable attorneys' fees, and interest at the highest legal rate in effect at the time these moneys are due, shall be deemed to be additional rent under this Lease and shall be paid by Lessee to Lessor promptly on demand by Lessor. Lessor Not Liable for Labor, Services, or Materials Furnished to Lessee 6.03. Lessor shall not be liable for any labor, services, or materials furnished or to be furnished to Lessee or to any sublessee in connection with any work performed on or at the Leased Land, and no mechanics' lien or other lien or encumbrance for any labor, services, or materials shall attach to or affect Lessor's fee estate or reversion in the Leased Land. ARTICLE 7. INSURANCE AND INDEMNITY Fire and Extended Coverage 7.01. At all times during the Term of th~s Lease, Lessee shall maintain, at its sole cost, insurance covering the Improvements including, without limitation, all Improvements now located on the Leased Land or that may be erected on the Leased Land, against loss or damage by fire, vandalism, malicious mischief, windstorm, hail, smoke, explosion, riot, civil commotion, vehicles, aircraft, flood, or earthquake, together with any other insurance that Lessor may require from time to time. The insurance shall be carried by insurance companies authorized to transact business in FIonda, selected by Lessee and approved by Lessor and any Lender under Article 10 of th~s Lease. In addition, the following conditions shall be met. (a) The insurance shall be in amounts no less than one hundred percent (100%) of the replacement cost of the buildings and other improvements, exclusive of foundations and below-ground improvements (but sufficient to satisfy the requirements of any coinsurance clause). C \docs\chents\cra\hbrary 4 (b) The insurance shall be maintained for the mutual benefit of Lessor and Lessee, any succeeding owners of the fee title in the Leased Land, and any successors and assigns of th~s Lease. The insurance policy or policies shall name both Lessor and Lessee as insureds. (c) Any and all fire or other insurance proceeds that become payable at any time during the Term of this Lease because of damage to or destruction of any Improvements on the Leased Land shall be paid to Lessee and applied by Lessee toward the cost of repairing, restoring, and replacing the damaged or destroyed Improvements ~n the manner required by Article 8 of th~s Lease However, if Lessee elects to exercise the opbon given under Article 8 of this Lease to terminate this Lease because of damage to or destruction of Improvements, then any and all fire or other insurance proceeds that become payable because of that damage or destruction shall be applied as follows: (1) Proceeds shall be applied first toward the reduction of the unpaid principal balance of any and all obligations secured pursuant to Article 10 of this Lease (2) The balance of the proceeds, if any, shall be paid to Lessor to compensate Lessor, at least in part, for the loss to the fee estate and the balance to Lessee to compensate for the value of the damaged or destroyed Improvements. Property and Personal Injury Liability Insurance 7.02. At all times during the Term of this Lease, Lessee shall maintain, at its sole cost, comprehensive broad-form general public liability insurance against claims and liability for personal injury, death, and property damage arising from the use, occupancy, disuse, or condition of the Leased Land and Improvements, and adjoining areas. The insurance shall be carried by insurance companies authorized to transact business in the State of Florida, selected by Lessee and approved by Lessor and any Lender under Arbcle 10 of this Lease. Lessor's approval shall not be unreasonably withheld. In addition, the following conditions shall be met: (a) The insurance provided pursuant to this Paragraph 7.02 shall be in an amount no less than $ for property damage, and in an amount no less than $ one person and $ for one accident for personal injury. for (b) The insurance shall be maintained for the mutual benefit of Lessor and Lessee, any succeeding owners of the fee title in the Leased Land, and any successors and assigns of th~s Lease. The ~nsurance policy or policies shall name both Lessor and Lessee as insureds. (c) The amounts of insurance shall be increased as Lessor may reasonably require from time to time to account for inflation, or generally increased insurance settlements or jury verdicts. Construction Liability Insurance 7.03. Lessee agrees to obtain and maintain (to the extent reasonably procurable) construction liability insurance at all times when demolition, excavation, or construction work ~s in progress on the Leased Land. Th~s insurance shall be carried by insurance companies authorized to transact business m the State of Florida, selected by Lessee and approved by Lessor, and shall be paid for by Lessee. Lessor's approval shall not be unreasonably withheld. The ~nsurance shall have hmits of no less than $ for property damage, and $ for one person and $ for one accident for personal injury The insurance shall be maintained for the mutual benefit of Lessor and Lessee, as well as for any succeeding owners of the fee title in the Leased C ~ocs\chents\cra\hbrary 5 Land, and for any successors and assigns of this Lease, against all liability for injury or damage to any person or property in any way arising out of demolition, excavation, or construction work on the premises. The insurance policy or policies shall name both Lessor and Lessee as insureds. Certificates of Insurance 7.04. Lessee shall furnish Lessor with certificates of all insurance required by this Article 7. Lessee agrees that if it does not keep this insurance in full force and effect, Lessor may notify Lessee of this failure, and if Lessee does not deliver to Lessor certificates showing all of the required insurance to be in full force and effect within ten (10) days after this notice, Lessor may, at its option, take out and pay the premiums on the insurance needed to fulfill Lessee's obligabons under the provisions of this Article 7. On demand from Lessor, Lessee shall reimburse Lessor the full amount of any insurance premiums paid by Lessor, with interest at the rate of twelve percent (12%) per annum from the date of Lessor's demand until reimbursement by Lessee. Indemnification of Lessor 7.05. Lessor shall not be liable for any loss, damage, or injury of any kind or character to any person or property arising from any use of the Leased Land or Improvements, or caused by any defect in any building, structure, equipment, facility, or other improvement on the Leased Land, or caused by or arising from any act or omission of Lessee, or any of its agents, employees, licensees, or invitees, or by or from any accident, fire, or other casualty on the land, or occasioned by the failure of Lessee to maintain the premises in safe condition. Lessee waives all claims and demands on its behalf against Lessor for any loss, damage, or injury, and agrees to indemnify and hold Lessor entirely free and harmless from all hability for any loss, damage, costs, or injury of other persons, and from all costs and expenses arising from any claims or demands of other persons concerning any loss, damage, or injury, caused other than by the negligent or intentional act or omission of Lessor. ARTICLE 8. DAMAGE OR DESTRUCTION OF IMPROVEMENTS Destruction or Forty Percent (40%) Damage 8.01. In the event that the Improvements are completely destroyed, or are damaged in excess of forty percent (40%), due to any cause whatsoever, the Lessee may at its own expense repair, restore, or replace the destroyed property if Lessee deems it practical or advisable to do so, and this Lease shall continue m full force and effect. If Lessee deems it impractical or inadvisable to repair, restore, or replace the destroyed property, th~s Lease shall terminate on sixty (60) days' written notice to Lessor and any lender under Article 10 of this Lease. Damage Less Than Forty Percent (40%) 8.02. In the event that damage to the Improvements due to any cause whatsoever is not in excess of forty percent (40%), Lessee shall at its own expense repair, restore, or replace the damaged Improvements with due diligence, and this Lease shall continue in full force and effect. Definitions 8.03. The phrase "completely destroyed" shall be construed to mean the destruction of the safe, tenantable use of occupancy of all Improvements under this Lease The phrase "damaged in excess of forty percent (40%)" shall be construed to mean any damage to the Improvements (excluding damage C \docs\chents\cra\hbrary 6 caused solely by water used in extinguishing fire) that will require an expenditure in excess of forty percent (40%) percent of the market value (immediately prior to the damage) of the Improvements to accomplish required repairs, restoration, or replacement. ARTICLE 9. CONDEMNATION Interests of Parties 9.01. If the Leased Land and Improvements or any part of these premises is taken for public or quasi- public purposes by condemnation in any action or proceeding in eminent domain, or is transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain, the interests of Lessor and Lessee in the award or consideration for the taking or transfer and the effect of the taking or transfer on this Lease shall be governed by this Article 9. Termination on Taking 9.02. If all or substantially all of the Leased Land and Improvements are taken or transferred as described in Paragraph 9.01, this Lease and all of the rights, title, and interest under this Lease shall cease on the date that title to the Leased Land and Improvements vests in the condemning authority. ARTICLE 10. LEASEHOLD MORTGAGES Leasehold Mortgages Prohibited 10.01. Except as specifically provided otherwise in this Lease, Lessee shall not be permitted to mortgage Lessee's leasehold ~nterest in the Leased Land without Lessor's consent or approval. ARTICLE 11. DEFAULT Events of Default 11.01. (a) Any one or more of the events listed in Subparagraphs (b) through (f) of this Paragraph 11.01 shall constitute a default under this Lease. (b) Lessee's failure to pay rent within sixty days (60) after the rent becomes due and payable in accordance with the terms, covenants, and agreements of this Lease shall constitute a default under this Lease. (c) Lessee's failure to observe or perform or cause to be observed or performed any other term, covenant, or agreement under this Lease, and continuation of this failure for a period of ninety days (90) after Lessor's written nobce to Lessee specifying the nature of Lessee's failure shall constitute a default under th~s Lease. However, a failure as described in this Subparagraph (b) shall not constitute a default if it is curable but cannot with reasonable diligence be cured by Lessee within a period of mnety (90) days, and if Lessee proceeds to cure the failure with reasonable diligence and m good faith. (d) Lessee's abandonment of the Leased Land and Improvements shall constitute a default under this Lease. For the purposes of this Lease, "abandonment" shall be defined as Lessee's failure to begin construction of Improvements within eighteen months following the date of this Lease. C ~ocs\chents\cra\hbrary (e) The occurrence of both of the following events at the date of the commencement of this Lease or dunng its effective Term shall constitute a default under this Lease: (1) Filing of a petition in bankruptcy or insolvency, for reorganization or the appointment of a receiver or trustee of all or a portion of Lessee's property, by or against Lessee in any court pursuant to any statute either of the United States or of any state. (2) Lessee's failure to secure a d~smissal of the petition within sixty (60) days after its filing. (f) Lessee's assignment of the leasehold interest under this Lease for the benefit of creditors shall constitute a default under this Lease. Notice of Election to Terminate Lessee's Possession 11.02. Subject to the provisions of Article 10, if any event creating default occurs, Lessor may elect to terminate Lessee's right of possession under this Lease after three hundred sixty days (360) from the date of service of notice of the election. If this notice ~s given, all of Lessee's rights, title, and interest in the Leased Land shall expire completely at the expiration of the three hundred sixty days (360), and Lessee shall quit and surrender the Leased Land and any Improvements erected on the Leased Land to Lessor. Lessor's Entry After Termination of Lessee's Possession 11.03. At any time after the termination of Lessee's right of possession under this Lease pursuant to Paragraph 11.02 of this Lease, Lessor may enter and possess the Leased Land and Improvements by summary proceedings, ejectment, or otherwise, and Lessor may remove Lessee and all other persons and property from the Leased Land and Improvements. If Lessor takes the actions described in this Paragraph 11.03, Lessor may then possess the Leased Land and Improvements and assume the right to receive all rents, income, and profits from the Leased Land and Improvements, and Lessor may also sell any of the Improvements. Lessee's Liability for Accrued Rent 11.04. The expiration of this Lease or termination of Lessee's right of possession pursuant to Paragraphs 2.01 or 11.02 of this Lease shall not relieve Lessee of its liab~hty and obligation to pay the rent and any other charges accrued prior to these events, or relieve Lessee of liability for damages for breach These liabilities and obligations of Lessee shall survive any expirahon or termination of the Lease or any entry and possession by Lessor. Reletting Land and Improvements 11.05. After the expiration of this Lease or termination of Lessee's right of possession under this Lease pursuant to Paragraphs 2.01 or 11.03, Lessor shall use reasonable efforts to mitigate damages by reletting the Leased Land and Improvements, in whole or in part, either in its own name or as agent of Lessee, for a term or terms that, at Lessor's option, may be for the remainder of the then-current Term of this Lease or for any longer or shorter period. C \docs\chents\cra\hbrary ~ Rent From Reletting 11.06. Lessee shall be entitled to a credit if the rent received on reletting exceeds the rent required pursuant to this Lease. Lessee shall remain liable for the difference between the rent reserved under this Lease, and the rent collected and received, if any, by Lessor during the remainder of the unexpired term. Lessor shall have the option of collecting the deficiency between the rent reserved and the rent collected in monthly payments as these payments become due and payable, or of receiving in advance the deficiency for the remainder of the Term reduced to present value at the rate of twelve percent (12%) per year. Costs Incurred Due to Breach 11.07. Lessee expressly agrees to pay all expenses that Lessor may incur for reasonable attorneys' fees or brokerage commissions, and all other costs paid or incurred by Lessor for enforcing the terms and provisions of this Lease. ARTICLE 12. EXPIRATION OF TERM Lessee's Delivery of Possession After Termination or Expiration 12.01. On the expiration date of this Lease as set forth in Paragraph 2.01 of this Lease, or the termination of Lessee's possession under this Lease pursuant to Paragraph 11.03, or any entry or possession of the Leased Land and Improvements by Lessor pursuant to Paragraph 11.03 (collectively referred to as the "Expiration Date"), Lessee shall promptly quit and surrender the Leased Land and Improvements, and deliver to Lessor actual possession and ownership of the Leased Land and Improvements in good order, condition, and repair. Lessee's Removal of Movable Objects 12.02. Lessee shall have the right to remove from the Leased Land and Improvements all movable trade fixtures, movable equipment, and articles of personal property used or procured for use in connection with the operation of ~ts business on or before the Expiration Date, provided that Lessee shall promptly repair, or cause to be repaired, any damage resulting to the Leased Land or Improvements by reason of this removal. Any trade fixtures, equipment, or articles of personal property of Lessee that remain at or on the Leased Land after the Expiration Date shall be deemed to have been abandoned by Lessee, and may either be retained by Lessor as its property or disposed of by Lessor without accountability to Lessee for the value of these trade fixtures, equipment, or articles of personal property, or any proceeds derived from the sale of these items. ARTICLE 13. GENERAL PROVISIONS No Waiver of Breach by Lessor's Actions 13.01. The failure of Lessor to seek redress for violation of, or to insist on the strict performance of any covenant, agreement, term, prowsion, or condition of this Lease shall not constitute a waiver of the covenant, agreement, term, provisJon, or condJt~on The receipt by Lessor of rent with knowledge of the breach of any covenant, agreement, term, provision, or condition of this Lease shall not be deemed a waiver of that breach. C \doc s\chents\cra\hbrary 9 Waiver of Any Provision Must Be Written 13.02. No provision of this Lease shall be deemed to have been waived, unless the waiver is in writing and signed by the party against whom enforcement is sought. No payment by Lessee or receipt by Lessor of a lesser amount than the rent stipulated in this Lease shall be deemed to be other than for the payment of rent or other charge owing by Lessee, as Lessor shall elect. No endorsement or statement on any check or any letter accompanying any check or payment as rent shall be deemed binding on Lessor or deemed an accord and satisfaction, and Lessor may accept a check or payment from Lessee without prejudice to Lessor's r~ght to recover the balance of the rent or other charges owing by Lessee, and without limitation on Lessor's right to pursue each and every remedy in this Lease or provided by law. Each right and remedy of Lessor provided for in this Lease shall be cumulative and in addibon to every other right or remedy provided for in this Lease, or now or later exisbng at law, in equity, by statute, or otherwise. Entire Agreement 13.03. This Lease and the Exhibits annexed to this Lease contain the entire agreement between Lessor and Lessee, and any agreement made after the execution of this Lease between Lessor and Lessee shall be ineffective to change, modify, waive, release, discharge, terminate, or effect a surrender or abandonment of this Lease, in whole or in part, unless that agreement is in writing and signed by the .party against whom enforcement is sought. Notices 13.04. All notices and demands of any kind that either party may be required or may desire to give to the other ~n connection with this Lease must be given by registered or certified mail, return receipt requested, with postage fully prepaid, and addressed to the party to be served at the party's address as set forth above. Any notice shall be deemed received on first attempted delivery. Any party may change the address to which notices to that party are to be directed by notice given in the manner provided in this Paragraph 13.04. Lessor's Entry and Inspection of Premises 13.05. Lessor, or its agents or designees, shall have the right to enter the Leased Land and Improvements during reasonable business hours for inspection, or to complete any work that may be necessary because of Lessee's default under any of the terms, covenants, and conditions of this Lease continuing beyond the applicable periods of grace, or to exhibit the Leased Land and Improvements to potential buyers and agents. Partial Invalidity or Unenforceability 13.06 If any term, covenant, or condition of this Lease shall be invalid or unenforceable to any extent, the remainder of the terms, covenants, and conditions of this Lease shall remain in full force and effect and shall ~n no way be affected, impaired, or invalidated. Meaning of Term "Lessor" 13.07. The term "Lessor," as used in this Lease in relation to Lessor's covenants and agreements under this Lease, shall be limited to mean and include only the owner or owners of the fee title to the Leased Land at the tmme in question. In the event of any conveyance of this fee title, Lessor named ~n this Lease C ~docs~chcnts\cra\hbrary l 0 and each subsequent grantor shall be automatically relieved, at the date of the conveyance, of all liability in respect to the performance of any of Lessor's covenants and agreements remaining to be performed after the date of conveyance, and each grantee shall be bound by all of the covenants and agreements remaining to be performed under the Lease during the time of grantee's ownership. Satisfaction of Judgment Against Lessor 13.08. Anything contained in this Lease to the contrary notwithstanding, Lessee agrees to look solely to the Leased Land and Lessor's interest in the Leased Land for the collection and satisfaction of any judgment that Lessee may obtain against Lessor because of Lessor's failure to observe or perform any of its covenants or obligations under this Lease, including, but not limited to, the breach of the covenant of quiet enjoyment, whether express or implied. If Lessee receives any judgment resulbng from Lessor's failure to observe or perform any of its covenants or obligations under th~s Lease, Lessee further agrees not to collect or execute, or attempt to collect or execute, that judgment out of or against any other assets or properties of Lessor. Individuals Benefited by Lease 13.09. This Lease shall inure to the benefit of and be binding on Lessor and Lessee and their respective d~stributees, personal representatives, executors, successors, and assigns except as otherwise provided in this Lease. Assignment and Subletting 13.10. This Lease and the Term and estate granted by this Lease, or any part of this Lease or that Term and estate, may not be subleased or assigned, without Lessor's written consent which such consent may be arbitrarily withheld. Attornment of Sublessee 13.11. All subleases shall provide that in the event of cancellation, termination, expiration, or surrender of this Lease, the sublessee will attom to and recognize Lessor, or any assignee of Lessor, as Lessor under this Lease for the balance then remaining of the Term of this Lease, and subject to all terms of this Lease. The provisions of this Paragraph 13.11 shall be automatic and no further instrument or document shall be necessary unless required by Lessor or any assignee of Lessor. Quiet Enjoyment 13.12. Lessor covenants and agrees that Lessee, on payment of the rent and other charges provided for ~n this Lease and fulfillment of the obligations under the covenants, agreements, and conditions of this Lease, shall lawfully and quietly hold, occupy, and enjoy the Leased Land during the Term of this Lease without any interference from anyone claiming through or under Lessor. ARTICLE 14. DOCUMENTATION AND RECORDING OF LEASE Memorandum of Lease and Recording 14.01. As soon as practicable after execution of this Lease, Lessor and Lessee shall execute, in recordable form, a Memorandum of Lease and Lessee shall record the Memorandum of Lease in the C \docs\chcnts\cra\hbrary ] ] Public Records of Palm Beach County, Florida. ARTICLE 15. OPTION TO PURCHASE 15.01 The Lessee shall have an option to purchase the subject property for One Dollar ($1.00) at any time after twenty years (20) from the effective date of this Lease by providing an executed Contract for Sale and Purchase in form as attached to this Lease as Exhibit B. IN WITNESS WHEREOF, Lessor and Lessee have executed and signed this Lease or have caused this Lease to be executed and signed on [date]. LESSEE DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. Printed Name: [signature] Title: LESSOR CITY OF DELRAY BEACH Printed Name: [signature] Title: State of Florida County of Palm Beach I certify that on this day of ,200 as of the City of Delray Beach, who is personally known to me or who produced as identification and that he or she signed and delivered this instrument as the officer of the named corporation, and that this instrument is the voluntary act and deed of that corporation as authorized by its Board of Directors. Notary Public [signature] My Commission expires: [ date] (SEAL) C ~ocs~chcnts~cra\hbrary ! 2 State of Florida County of Palm Beach I certify that on this day of . , 200 , as of the Delray Beach Pubhc Library Association, Inc., who is personally known to me or who produced as identification and that he or she signed and delivered this instrument as the officer of the named corporation, and that this instrument is the voluntary act and deed of that corporation as authorized by its Board of Directors. Notary Public . [signature] My Commission expires: [ date] (SEAL) C \docs\chenls\cra\hbrary ] 3 EXHIBIT A TO GROUND LEASE Lots 1 through 4, Block 53, TOWN OF LINTON, (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, tess the right-of-way for West Atlantic Avenue. C.~docs\chents~cra\hbrary ] 4 RXNIBIT B TO GROIFND LRASE CONTRACT FOR SALR AND PURCHASE PARTIES: CITY OF DELRAY BEACH, ("Seller"), of 100 N.W. First Avenue, Delray Beach, Florida 33444 (Phone: (561}243-7000), and DELRAY BEACH PUBLIC LIBPJ%RY ASSOCIATION, INC., ("Buyer"), of __(Phone ), hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). DESCRIPTION: (a)Legal description of the Real Property located in Palm Beach County, Florida: Lots 1 through 4, Block 53, TOWN OF LINTON, (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, less the right-of-way for West Atlantic Avenue. (b) Street address, city, zip, of the Property is (c) Personal Property: PURCHASE PRICE: ................................... $ 1.00 PAYM'NNT~ III. TIleR FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before , this offer will be withdrawn. The date of Contract ("Effective Date") will be the date when the Buyer gives notice of its exercise of the option to purchase under that certain Ground Lease between the Seller and the Buyer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals IV. TITLE EVIDENCE: Within twenty-one (21) days after the effective date of this Contract, (CHECK ONLY ONE). · Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR [] Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): ~abstract of title or ~title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. V. CLOSINIt DATE: This transaction shall be closed and the deed and other closing papers delivered not sooner than thirty (30) days after Buyer's exercise of the option to purchase and not later than one hundred fifty (150) days after Buyer's exercise of the option to purchase unless modified by other provisions of Contract. In any event the Seller would be given at least fifteen (15) days advance written notice VI. RESTRICTIONS; EASRMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7% feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum), provided that there exists at closing no violation of the foregoing and none prevent use of the Property for public library purposes. VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): a) ~"As Is" X. ASSI~NABILITY~ (CHECK ONLY ONE}: Buyer (1) Imay assign and thereby be released from any further liability under this Contract provided that the assignment must occur at least ten (10) days prior to closing XI. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. {b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. (c) If the Real Property includes pre-1978 residential housing then Paragraph X(h) is mandatory. XII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of: (a} S-o-for treatment and repair under Standard D (if blank, then 2% of the Purchase Price). (b) $-0- for repair and replacement under Standard N (if blank, then 3% of the Purchase Price). XIII. SPECIAL CLAUSES; ADDE~DA~ If additional terms are to be provided, attached addendum and CHECK HERE I. DELRAY BEACH PUBLIC LIBRARY CITY OF DELRAY BEACH ASSOCIATION, INC. Buyer Date Seller Social Security Social Security or Tax ID No. or Tax ID No. Date SELLER: BUYER: ADDENDUM TO CONTRACT FOR SALE AND PURCHASE CITY OF DELRAY BEACH DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. PROPERTY ADDRESS: XIV. SPECIAL CLAUSES; ADDENDA (Continued): A. The property is being sold in its "as is" condition. B. The parties warrant and agree that there is no broker involved in this transaction. SELLER'S INITIALS: BUYER'S INITIALS: STANDARDS FOR REAL ESTATE TRANSACTIONS A ~VIDENC~ OF TITLE- (1)An 9bstract of title prepared or brought current by a reputable and existing abstract firm (if not ex~tlng then certified as correct by an exlstln9 firm) purporting to be an accurate synops~s of the instruments affectln~ title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date It shall commence with the earliest pub/lc records. Or such later date as may be customary in the county Upon closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by f~r~t mortgagee until fully paid (2) 6 title /nsurance oo~mltment issued by a Florida licensed title lnsurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title Insurance in the amount of the purchase price, insuring Buyer's tltle to Real Property, subject o~ly to l~ens, encumbrances, exceptions or gual*f~catlon provided in this Contract and those which shall be discharged by Seller at or before closing Seller shall convey a marketable title sub]eot only to laens, encumbrances, exceptions or qual~f~catlons set forth In Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and ~n accordance with law Suyer shall have 30 days, if abstract, Or 5 days. ~f title commltment, from date of recelvln~ evidence of title to examine it If tltle Is found defective, Buyer shall, within 3 days thereafter, oot~fy Seller in wrltlng specifying defect(s) If the defect(s) render t~tle unmarketable. Seller w~ll have 30 days from receipt of not,ce to remove the defect{s), falling which Buyer shall, wlthln five (5) days after expiration of the thirty I]01 day period, deliver written notice to Seller either (l~ extending the time for a reasonable period ~ot to exceed 120 day~ w~th~n which Seller ~hall u~e d~llgent effort to rescue the defects, or (2] requesting a refund of deposit(s) pa~d which shall ~dlately be returned to Buyer If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the t~tle as it then is Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in t~tle within the t~me provlded therefor If Seller ~s unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation allowance made for maximum allowable dfscoumt, homestead and other exemptions If closing occurs at a date when the current year,s millage ~s not f~xed and current year's assessment is avallable, taxes will be prorated based upon such assessment and the prior year's mzllage If current year's assessment ls not avallable, then taxes will be prorated on the prior year's tax If there are ccmpleted Improvements on Real Property by January 1st of year of closing, which Improvements were not ~n existence on January 1st of the prior year, then taxes shall be prorated based upon the prlor year's mltlage and at an equitable assessment to be agreed upon between the partles, fa~llng which, request wlll be made to the County Property Appraiser for an ~n~ormal assessment taking into conszderatlon avallable exemptions Any tax proration based on an estimate shall, at request of ezther party, be read3usted upon rece/pt of tax bill on condltzon that a statement to that effec~ is ~lgned at closlng M SPECIAL ASSeSSMeNT ~I~B Certzf~ed, confirmed and ratified ~pec~al assessment liens as Of date of closing (not as of Effective Date~ are to be pa~d by Seller Pending l~ens as of date of closing shall be assumed by Buyer If the improvement has been substantially cea~pleted as o~ Effective Date. any pending l~e~ ~hall be considered as cert%f~ed, confuted or rat~ed and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body V OTHER AOR~9~TB~ NO prior or present agreements or representations Bhall be blnd~ng upon Buyer or Seller unless included in this ~ontract N? ~odificatlon or change ~n thie Contract shall be valid or b~nd~ng u~on the parties t~less in writing and executed by the party or parties intendad to be bound by it W NAR~IRB~ Seller warrants that there are no facts k~o~ to Seller ~terially a~fectl~g the value of the Pro~rty which are not readily observable by Buyer or which have not been d=sclosed to Buyer EXHIBIT"B" TO TRIPARTITE AND INTERLOI AL AGREEMENT BgSINESS LEASE THIS AGREEMENT, entered into th~s __ day of , __, between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter called the lessor, party of the first part, and DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., of thc County of Palm Beach and State of Florida, hereinafter called the lessee or tenant, party of the second part' WITNESS£TH, That the said lessor does this day lease unto said lessee, and said lessee does hereby hire and lake as tenant under said lessor approximately square feet of space located at to be used and occupied by the lessee for the purpose of and for no other purposes ot uses whatsoever, for the term beginning on and terminating on the esther of (1) 180-days written notice from the Lessee or (il)three (3) years from the effective date of this Lease, at and for the agreed total rental of one dollar ($1.00). The followmg express stipulations and conditions are made a part of this lease and are hereby assented to by the lessee' FIRST The lessee shall not assign this lease, nor sub-lc1 the prermses, or any part thereof nor use the same, or any paT', thereof, nor permit the ssme, or any part lhereof, to he used for any olher purpose Ihan as above stipulated, nor make any alterations therein, and all addmons Iberelo, wllhout the wnnen consenl oflbe lessor, and all additions, fixtures or ~mprovemants which may be made by lessee, excepl movable office furniture, shall become the properly of the lessor and remain upon the premises as a part lhereof, and he surrendered wflh 1he premises at the termination of this lease SECOND All personal property placed or moved ~n the premises above described shall he at thc risk o f the lessee or owner thereof, and lessor shall not he hable for any damage to sam personal property, or to the lessee arising from the bursting or leaking of water p~pes, or from any act of negligence of any co-tenanl or occupants of the building or of any other person whomsoever THIRD That the tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and City Government and of any and all their Departments and Bureaus applicable to sald premises, for the corr~ctlon, prevention, and abatement of nuisances or other grievances, tn, upon, or co~oectod with said premises dulang said term, and shall also promptly eotwOly vath and execute all rules, orders and regulations of the applicable fire prevention codes for the prevention of fires, at Its own cost and expense FOURTH The prompt payment of the rent for said prernlses upon the dates named, and the faRhful observance of thc roles and regulations pnntod upon this lease, and which are hereby made a part o f this covenant, and o f such other and further rules or regulations as may be hereafter made by the lessor, are the conditions upon which the lease Is made and accepted and any fmlure on the part of the lessee to comply with the terms of saM lease, or any ofsa~d rules and regulations now m existence, or which may be hereafter prescribed by the lessor, shall at the option of the lessor, work a for feature of Ih~s contracl, and all of the rights of the lessee hereunder FIFTH If the lessee shall abandon or vacate sam premises before the end of the term of this lease, or shall suffer the rent to he in arrears, lhe lessor may, al h~s ophon, forthwith cancel th~s lease or he may enter sold premises as lhe agent of the lessee, without being liable in any way lberefor, and relel the premises with or without any furnilure that may be therein, as the agent of the lessee, at such price and upon such terms and for such duration of t~me as the lessor may determine, and receive the rent therefor, applying thc same to the payment of the rent due by these presents, and if the full rental herein provided shall not be realized by lessor over and above the expenses to lessor in such re-letting, thc said lessee shall pay any deficiency, and ffmore than the full rental Is realized lessor will pay over to sa~d lessee the excess of demand SIXTH Lessee agrees to pay the cost of Lessor's reasonable attorneys' fee incurred as a result of any litigation arising out of this "Eiusiness Lease" SEVENTH The lessee agrees that he wdl pay all charges for rent, gas, electricity or other dlummatton, and for all water used on said prernlses, and should said charges for rent, bght or water herein provided for at any hme remain due and unpaid for the space of five days after the same shall have become due, the lessor may at ItS option consider the said lessee tenant at sufferance and the enhre rent for the rental period then nexl ensuing shall at once be due and payable and may forthwith be collected by distress or other~ase EIGHTH The sa~d ~essee hereby p~edges and assigns t~ th~ less~r a~ ~he furnIture~ fixtures~ goods~ and chatte~s ~f sa~d ~essee~ whIch ~hall or may he brought or put on said premises as security for the payment of the rent herein reserved, and the lessee agrees that the sam lien may he enforced by distress foreclosure or otherwise at the elecllon of the sa~d lessor, and does hereby agree to pay attorney's fees often percent of the amount so collected or found to be due. together w~th all costs and charges therefore recurred or paid by the lessor make such repairs, addmons or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said budding, or to exhibit said premises Tbe right of enlrff shall hkewlse exlsl for the purpose of removing placards, slgns, fixtures, alterattoos, or addttloes, which do not conform to this Agreernenl, or to the roles and regulations of the building TENTH Lessee hereby accepts the premises in the condition they arc in at the beginning of this lease and agrees to rna~ntaln said premises 111 the same condition, order and repair as they are at the commancemenl of;said term, excepting only reasonable wear and tear arising from the use thereof under this Agreement, and Io make good 1o sam lessor rmmedlately upon demand, any damage to water apparatus, or electric hghts or any fixture, appliances or appurtenances of ss~d premises, or of the building, caused by any act or neglect of lessee, or of any person or persons m the employ or under the control of the lessee ELEVENTH ~t Is express~y a~reed and unders~d by and be~wecn th~ partI~s t~ thIs Agreernen~ that the ~and~rd sha~ n~ he hab~e f~r any damage or m~ury by water, which may he sustained by the sald tenant or other person or for any other damage or m~ury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstroct~on of the water, sewer or sod plpes, or olher leakage m or about the said building TWELFTI I If the lessee shall become ~nsolvcnl or If bankruptcy proceedings shall be begun by or against the lessee, before the end of said term the lessor is hereby Irrevocably authorized at Its option, to forthwith cancel this lease, as for a default Lessor may elect to accept rent from such receiver, trustee, or other ,tudtclal officer dunng the term of' their occupancy in their fiduciary capacity without affecting lessor's rights as contained In this contract, but no receiver, trustee or other judicial of~cer shall ever have any right, title or Interest In or to thc above described property by virtue of tMs Contract THIRTEENTH Lessee hereby waives and renotmces for h~mself and family any and all homestead and exemption rights he may have now, or hereafter, under or by vt~ue of the constitution and taws of the State of Florida, or of any other State, or of thc United States, as against the payment of said rental or any portion hereof, or any other obligation or damage that may accrue under the terms of this Agreenlent FOURTEENTtt Th~s Contract shall brad the lessor and ~ts assigns or successors, and thc he,rs, assigns, personal representatives, or successors as the case may be, of the lessee FIFTEENTH It is understood and agreed between the parties hereto that time is of the essence of' thls Contract and this applies to all terms and coodlllOllS contained herein SIXTEENTH It is understood and agreed between the parties hereto that wTitten notice mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice mailed or delivered to the office of'the lessor shall constitute sufficient not,ce to the Lessor, to comply with the terms of th~s contract SEVENTEENTH The rights of the lessor under the foregoing shall be cumulative, and f`adure on tbe part of the lassor to exercise promptly any rights given hereunder shall not operate to forfeit any of Ihe said rights EIGHTEENTH It is further understood and agreed between the parties hereto that any charges against the lessee by the lessor for services or for work done on the prermses by order of'the lessee or otherwise accruing under this Contract shall be considered as rent due and shall be included m any lien for rent due and unpaid NINETEENTH It is bereby uoderstood and agreed that any slglls or advertising to be used, including awnings, m connection with the prem~se~; leased hereunder shall be first submitted 1o the lessor for approval before insinuation of same TWENTIETH Notwithstanding any other prowslon of thls lease to tbe contrary, the lessee shall be responsible for the payment of all electric, gas, telephone and other public utilities f'umlshed to Ihe demised premises TWENTY-FIRST Notwithstanding any other provision of th~s lease to the contrary, the lessee shall be responslble for mamtaonng the rater:or of the demised premises, Including but not limited to the air conditioning system servicing the subject demised premises TWENTY-SECOND Notwltbetandmg any other provision of this lease to the contrary, tbe lessee shall he responsible for maintaining and paying tot casualty insurance tot the leased premises replacing any breakage of plate glass appurtenant to the subject demised premises TWENTY-THIRD The lessee a~,q'eas that as a condition to this lease, the lessee shall at all t~mes dunng the term hereof maintain pubhc hablhty insurance with limits of not less than $ I million for lodlvidual clmms/$ I million for aggregate claims resulting from personal injuries or property damage occumng on or within the sub}ecl dermsed premises and such mstrrance pohcy shall expressly name thc lessor as a cmnsured and the lessee shall fu~lsh the lessor with a current certificate of such insurance v~thm five (5) days from the execution of this Lease TWENTY-FOURTH The lessee Is hereby prohibited from making any Improvements to the sub,reef real property without the written consent of the less~r In the event a Claim of Lien shall he recorded against the subject property as a result of any oflessee's achons and such Lien shall not he discharged of record within ten (10) days thereaRer, the lessee shall be deemed to he in default pursuant to the terms of this lease TWENTY-FIFTH Notwlthstaodmg any provision of th~s Lease to the contrary the leased pren't~ses are accepted by Lessee m their"as Is" condition atld Lasaee shall be solely responsible for the maintenance and repairs required wlth raspeet lhereto TWENTY.SIXTH In the e'~ent tbe Defray Beach Pubhc Library Association, lac, as Lessee, through no fault of Its own, shall not obtain the Certificate orr Occupancy to the pubhe library being constructed on Parcel Three as defined and referred to tn that certain Tnpa~t~ and [nterloeal Agreement to which this Business Lease Is attached, by the expiration of'this Lease, then the sa~d Delray Beach Public Library Association, lac, shall have the right to extend th~s Business Lease upon the same terms and conditions set forth herein for an additional period of IN WITNESS WItEREOF, the parties hereto have hereunto executed this instrument for the puq~ose herein expressed, thc day and year above wwtten Signed, sealed and delivered m the presence of DELRAY BEACH COMMUNITY REDEVELOPMEN'I AGENCY By Lessor As to Lessor As to Lessee DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC By Lessee AGREEMENT This Agreement is made and entered into on between the Palm Beach County ("County"), a political subdivision of the State of Florida, and the City of Delrav Beach ("City"), a municipal corporation existing under the laws of the State of Florida, and the Delray Beach Public Library, ("Library"), a Florida Corporation Not for Profit with a tax id number of 59-0217683 and the Delray Beach Community Redevelopment Agency ("Agency"), an agency established pursuant to Florida Statute Secnon 163, Part III. WITNESSTH WHEREAS, the City, the Agency and County first entered into an interlocal agreement on August 12, 1986 (R86-1201), for the purpose of siting the South County Courthouse, which lnterlocal Agreernent was subsequently amended twice on August 17, 1993 and January 14, 1997; and WHEREAS, pursuant to that lnterlocal Agreement the County constructed a courthouse and other governmental facilities and currently is planning an expansion to those facilities, and WHEREAS, the City and the Library wish to locate a new library on the property adjacent to the County Courthouse (a property originally intended to be conveyed to the County), share parking between the hbrary and the courthouse, and reserve the City's option to fund a future parking structure expansion on the County property for its needs; and WHEREAS, the Library and the County are agreeing to a development and funding plan for the shared facilities, and WHEREAS, the City has short and long term obligations toward the development of both the Library, as the owner of the Library property, and to the County pursuant to the Interlocal Agreement; and WHEREAS, this Agreement will terminate the original Interlocal Agreement, as amended, and incorporates various terms of that agreement into this Agreement. NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained herein, the parties hereto agree as follows. Section 1: Purpose 1.01 The purpose of this Agreement is to; 1) document the previous unsatisfied commitments of the City, County and Agency which were contained in Agreement R86-1201, as amended, and 2) set forth the terms under which the County will design, construct, and operate parking Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 1 of 21 facilities on its property for use by employees and vmttors to the courthouse, County owned facilities, and the proposed Library. Exhlbtt I depmts alt properties referenced in th~s Agreement. Section 2: Definitions 2.01 Alley Property: The real property to be conveyed with a reverter in favor of the County, to the City, after abandonment and the City's conveyance of the northernmost half to the County, pursuant to Section 13.04 of this Agreement. 2.02 Construction Contract: A contract between the County and a general contractor registered in the State of Florida for the purpose of constructing the Courthouse- Phase I Project. 2.03 Coun _ty's Architect: A firm or tet:rn of professional architects and engineers that have an agreement with the County for the design of the South County Courthouse Expansion Project - Phases I, II, and III.. 2.04 Courthouse Expansion Project: The addition of up to 75,000 square feet of building, construction of parking on both the east and west sides of SW Second Avenue (from W Atlantic Ave to SW Ist St.), interior renovations and all other site work attendant to the expansion of the South County Courthouse in three phases. 2.05 Courthouse o Phase 1: The first construction phase of the Courthouse Expansion Project which includes the construction of the parking, and all attendant improvements to the property pertaining to the parking, for joint use by the County and the Library, on the east side of SW Second Ave. 2.06 Courthouse - Phase I Project Budcet: The sum of funds received from the Library and the City pursuant to Section 6 as well the County's contribution to the construction costs. 2.07 Courthouse - Phase 2: The second construction phase of the Courthouse Expansion Project which includes the addition of up to 75,000 sf and associated site work on the west side of SW Second Avenue. 2.08 Courthouse - Phase 3: The third construction phase of the Courthouse Expanston Project which includes renovations to the existing Courthouse building. 2.09 Courthouse Property: The real property owned by the County at the time of execution of this Agreement, on east and west side of SW Second Avenue, south of Atlantic Ave. 2.10 Design Contract: A contract between the County and PGAL, Architects dated November 10, 2001 for the design and construction administration of the Courthouse Expansion Project. Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 2 of 21 2.11 Library's Architect' A firm or team of professional architects and engineers that have an agreement wtth the Library for the design of the Library Project. 2.12 Library Design Amendment: The Consultant Services Authorization ~ssued to the County's Architect authorizing the scope of work associated with the design of shared use parking garage, surt~ace parking facihties, and all attendant irnprovements which is the financial responsibility of the Library for thc Courthouse - Phase I Project. 2.13 Library Property: The real property owned by the City and leased to the Library pursuant to separate agreement, as well as the Alley Property to be conveyed to the Library pursuant to Section 13.04. 2.14 Parking Facilities: All improvements made to the Courthouse Property for joint use by the Library and County as part of the Phase I project. 2.15 Parking Master Plan: The conceptual program describing the improvements to be used as the basis for the design of the Courthouse - Phase I project. 2.16 SPRAB: An advisory board of the City of Delray Beach with a formal name of Site Plan Review and Appearance Board Section 3' Master Plan for Parking Garage and Surface Parking 3.01 The County's Architect has prepared a master plan for a parking garage and surface parking on the Courthouse Property, a copy of which is attached to this Agreement as Exhibit 2. The purpose of the Parking Master Plan is to identify the approximate number of spaces which will be constructed, the general configuration of the parking, the height of the parking structure, setbacks from rights of way, number of disabled parking spaces, and location of elevators and stairwells. 3.02 The City Staff represents that it has reviewed the Parking Master Plan presented as Exhibit 2 to th~s Agreement and that Staff has thoroughly reviewed the plans as part of a SPRAB review and application process, supports the orientation and size of the garage, set backs, height, entrance/exit locations and number of spaces and is recommending that the waivers required by the City's land development regulations be granted. A copy of such recommendation is attached as Exhibit 3. The City acknowledges that Staff's recommendation and support of the waivers is a material consideration for the County and Library in entering into this Agreement and that it relied on such recommendation in determining the feasibility and cost of the Parking Facilities. The County and the Library understand that they must individually pursue approval by the City for their respective developments. Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 3 of 21 3.03 The Library agrees to rmrnburse the County up to $10,000 for the costs assoctated with the preparation of the Parking Master Plan, an effort which was undertaken prior to the execution of this Agreement. 3.04 The Library agrees to design and construct the library m a manner consistent with the site plan attached as Exhibit 2 and assumptions per Exhibit 5 to this Agreement. To the extent that the Library desires to modify its site plan from that attached, all changes must be approved in writing by the County. The County may not unreasonably withhold approval but reserves tt right to reject any change which negatively impacts the Courthouse, Parking Facilities or comfort or aesthencs of courthouse employees and patrons when entering or exiting the Courthouse or Parking Facilities. Section 4: Design of Parking Garage and Surface Parking 4.01 The County's Architect shall provide the County a fixed fee cost associated with the design and construction administration of Courthouse Project - Phase I. The County's and the Library's Project Representative shall jointly negotiate the fee with the County's Architect resulting in the County preparing a consultant services authorization which shall be known as the Library Design Amendment. The Library shall provide the County with a letter stating that it accepts the terms and condittons of the Library Design Amendment prior to the same being executed by the Board of County Commissioners for incorporation into the contract with the County's Archttect. 4.02 The Library shall commit its approval of the Library Design Amendment to writing, at which time, the full fee of $94,000 shall be the responsibility of the Library. The Library shall reimburse the County upon completion of the work and receipt of an invoice for same. In the event that the City agrees to contribute funding toward the Library Design Amendment, the Library shall still be obligated to pay the County the full fee and the Library and City shall work out the terms and amount of the contribution toward the Library Design Amendment between themselves. 4.03 In the event that the Library requests a change which results in an increase in the amount of the Library Design Amendment, the County Project Representative shall request the County's Architect prepare an estimate of the design fees associated with the request as well as an estimate of the constructton costs associated with the request. Based on this information, the Library will decide if it desires to proceed and shall provide the County with a letter stating that it accepts the fees. The County wtll then amend the Library Design Amendment accordingly. 4.04 The Library and the County agree that the Parking Master Plan will be used as the basis for design of the Parking Facilities and that both the County and the Library will consider the design to be consistent with the Master Plan provided that the Library has 170 spaces allocated for its use, the design tncludes; 1) the number of elevators and stairwells in the Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page ~ of 23. same general location as shown on the Master Plan, and 2) the same number and configuration of access points as are shown on the Master Plan. In the event that modifications, changes or dewanons are required to the ~tems listed above, the County shall seek and secure the written approval of the Library. Approval of such modifications, changes or deviations shall not be unreasonably withheld and shall be made in a time flame whmh does not cause a delay in the County's Architect's prosecution of the Design Amendments or Design Contract. The County's Architect shall make every effort to provide as much notice as possible to the Library of the nature of the modification, change and/or deviation where possible. The requirements to secure the Library's approval as well as the notice provisions of this Section will be included in the Library Design Amendment. 4.05 As required by the Design Contract, the County's Architect will provide separate periodic statements of probable costs assocmted with the work defined by the Library Design Amendment, as of that date. In tile event that the statement of probable costs for the Courthouse - Phase I exceeds flit. funds available in the Courthouse - Phase 1 Project Budget, 1) the County and the Library will agree to reduce the scope of work, or 2) the Library will agree to increase the budget. In the event that the Courthouse- Phase I budget is to be increased, a written statement from the Library directing the County to proceed with the scope as currently stated, providing an affirmative acknowledgment of the additional costs and directing the County to proceed, wall be required. 4.06 The County will include in the design, under slab conduit for four pay stattons on the ground level and two pay stations on the second and third level of the parking garage for future use. The cost of the pay stations, installation and/or service to the pay stations will be borne by the party who desires that the pay station be installed, by some other separate agreement that may be agreed upon at a later date for that specific purpose. In the event that pay stations are destred, the inittatmg party will request approval from the County demonstrating that the installation and use of same will not interfere or modify the use of the parking by Courthouse customers, which approval by the County shall not be unreasonably w~thheld. Section 5: Construction of Parking Garage and Surface Parking 5.01 The County shall procure construction services in accordance with applicable State and local procurement requirements. The form of the contract shall be a lump sum except where mutually agreed upon by the County and the Library. The Library acknowledges that the County prefers not to contract for any work on a unit price basis. 5.02 Upon receipt of the bids, the County shall make a recommendation for award of a construction contract to the lowest, responsive, responsible bidder. Concurrent with the notice of intent to award, the County shall provide Library with the costs of constructton, plus a 5% contingency, less a reduction for the County contribution to the construction costs pursuant to Section 6, and less $534,000. The Library shall then forward to the County, funds in an amount equal to the amount identified in the notice provided by the County and as Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 5 of 21 described above. The Library funds received by the County shall be placed m an interest bearing account with the interest accruing to the contingency. 5.03 Upon execution of the Construction Contract by the County, the County shall provide notice to the Library and the City. 5.04 During the course of construction, changes to the Construction Contract may be required. The cost of all construction changes, but for those which are initiated by the County, for the sole benefit of the Courthouse operation, will be 100% eligible for reimbursement from the 5% contingency funds transferred to the County to create the Courthouse - Phase ! Project Budget. The County will be responsible for the total cost of any changes made for the sole benefit of the courthouse operations. 5.041 All funds required for changes will be from the Courthouse- Phase I Project Budget Contingency Line. 5.042 The County reserves the right to not pursue changes initiated by the Library for the sole benefit of the Library if such change, in the County's sole opinion, causes an unacceptable delay to the Courthouse- Phase I Project Schedule, causes a safety concern or is contrary to any existing regulatory approvals held by the County. 5.05 The County and the County's Architect shall be responsible for ensuring that the Courthouse - Phase I Project is constructed according to the design documents. 5.06 The County shall be responsible for following all State and local laws, ordinances and requirements for the procurement and administration of public works projects. 5.07 The County shall require all contractors of the Library to furnish, for the benefit of the County and the Library, payment and performance bond equal to the cost of the improvements and in the form required under Section 255.05, Florida Statutes, The County shall also require contractors to furnish satisfactory evidence of statutory worker's compensation insurance, comprehensive general liability insurance comprehensive automobile insurance and physical damage insurance on a Builder's Risk form with the interest of the County and the Library endorsed thereon. 5.08 In order to provide adequate staging area for the construction of the Parking Facilities, the Library agrees that it will not commence construction on the Library Property until after final completion of the Parking Facilities. After final completion of the Parking Facilities, the County agrees to allow the Library to use a portion of the Parking Facilities as a staging area for construction upon the Library Property. The portion of the Parking Facilities to be used as staging for construction on the Library Property and the conditions of use are identified Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 6 of 21 in Exhibit 6 to this Agreement. The abtl~ty to use a portion of the Parking Fac~lmes for staging shall expire upon any party exercising its options pursuant to Section I 1 of this Agreement. Section 6: Courthouse - Phase ! Project Funding 6.01 The material consideration for the County entcring into this Agreement was that the Library agreed to pay all costs associated with the Parking Facilities beyond those which the County would have expended to develop surface parking for the courthouse operations only. As such, the County agrees to pay $1,750 per parking space toward each space constructed in excess of 170. The remainder of the costs associated with the Courthouse - Phase I Construction will be borne by the L~brary, less the $534,000 to be prod by the City pursuant to Section 9.13 and $100,000 to be provided to the Ltbrary by the CRA for this specific purpose. The CRA shall pay the Library the $100,000 required by this Section within 30 days of receipt of an invoice from the L~brary. 6.02 The Library recognizes that the estimate for the Courthouse Phase I Construction is in excess of $4,000,000 and has demonstrated that it has, as of the date of this Agreement, sufficient funds for the total amount of the estimate, less the County's contribution pursuant to this Section, in place to fund its portion of the Courthouse - Phase [ Construction. 6.03 Within 30 days of the Library's receipt of the nonce of intent to award mentioned in Section 5.02, the Library shall provide the County with the total amount of the funds identified in the notice and authorize the County to proceed with construction. The sum of the funds received from the Library and the City pursuant to this Section as well as the County's contribution to the construction costs will become the Courthouse - Phase [ Project Budget. If the Library does not have the total amount of funds required, the Library must decide whether to either; 1) reduce the scope of the project (deleted items must be approved by the County, which approval will not be unreasonably withheld), or 2) terminate the Agreement pursuant to Section 17.01. 6.04 The County shall reimburse the Library, any funds transferred to the County pursuant to Section 6.03 which remain after Final Acceptance and Final Payment of the Courthouse - Phase I Project and after the resolution of all claims by the Contractor, County Architect or third parties. 6.05 Each month after the commencement of construction continuing through the Final Acceptance as described in Section 6.04, the County shall provide the Library with copies of the contractor's pay application and a contract summary showing the amount paid, and any change orders authorized, and the status of the 5% contingency. The County shall provide the Library with a notice if the County believes that the Project will require funds beyond that in the contingencies. Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 7 of 21 6.06 After construction commences and in the event that the County requests a change m the Parking Facihties, the change which benefits solely the County; the County shall bear tile total cost of the change. The cost of changes made necessary as a result of unforeseen conditions, uUhty relocation, imposition of conditions of approval by the City, design errors or omissions, or any other change but for those specifically described m the first sentence of this subsection shall be borne by the Courthouse- Phase 1 Project Budget. Section 7: Ownership of Parking Facilities 7.01 Alt real and personal property shall be assets of the County, despite the Library's financial contribution to their design, construction, and/or purchase. Notwithstanding the foregoing, the Library, City and Agency, its successors and assigned, shall be allowed to use same pursuant to the terms set forth in this Agreement. Section 8: Administrative Requirements of this Agreement 8.01 During tile design and construction phases of this Agreement described in Sections 3 through 5, the Library shall be viewed as a County Department w~thout creating liability and shall be included in design reviews as are County Departments. In addition to those approvals specifically required by this Agreement, from t~me to time, the L~brary will be afforded the same rewews and approvals as other County department. 8.02 Within 15 days of the execution of this Agreement, the Library, City and County shall provide each other with the names, phone and fax numbers as well as e-mail addresses of each party's Project Representative. 8.03 Within 15 days of the execution of this Agreement, the Library is to provide the County with a list of persons/positions which are authorized to approve increases and/or decreases to the amount to be paid to the County pursuant to this Agreement. 8.04 Invoices to the Library and the City shall be in a form mutually agreed upon by the County, the City and the Library prior to submittal of the first invoice. 8.05 Upon receipt of any invmce, the Library and the City will immediately review same and report any discrepancies to the County within 10 days of receipt. Payment will be due to the county within 30 days of recetpt of the tnvoice, Payments shall be sent to: Facilities Development & Operations Fiscal Manager 3323 Belvedere Rd., Building 503 West Palm Beach, FI. 33406 Attn: South County Courthouse Parking Agreement # Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 8 of 21 Section 9: City Responsibilities and Obligations 9.01 The City agrees to initiate and complete the processing of all necessary changes to the City's Comprehensive Land Use Plan to make the proposed project consistent and in conformity with the City's code of taws and ordinances. The County shall be required to submit the proposed project for development review pursuant to the City's normal review process. The City agrees to expedite the revtew of such approvals. 9.02 9.03 9.04 9.05 The City has previously determined that the County can expand the South County Courthouse facility by an additional 75,000 square feet and re-affirms its agreement that any site plan approvals, building permit applications or other development approvals required for the expansion of the Courthouse and parking shall be reviewed based upon the Delray Beach Land Development Regulations and Code of Ordinances in force as of January 14, 1997 to allow the County to develop its property pursuant to the 1997 regulations, if they are determined to be more favorable than those in effect at the time that the County actually submits for the necessary land development approvals. The City agrees to design, permit, construct and maintain storm water facilities to accommodate, off-site, any storm water of the Library Property and the Parking Facilities beyond that which the County's underground exfiltration system can accommodate, at no cost to the County nor the Library. The County's intent is to accommodate on-site storm water requirements to meet pretreatment water quality standards of the City and the SFWMD through an underground exfiltration system. The City represents and confirms that water, sewer and storm drainage facilities are available at the street, contiguous to the properties, and there is adequate capacity to service 150,000 square feet of the courthouse and/or other governmental facilities at no cost to the County. When utilities are available and present to the stte, County agrees to pay all standard connection charges and user charges pursuant to current City policy. The City agrees to complete, at its sole cost, all utility relocation, upgrades or modifications necessaw to support the 150,000 sfofcourthouse and/or governmental facilities prior to commencement of Phase I construction or no later than May 15, 2003. The parties agree that such utilities shall be located within the SW 2nd Ave right of way, except where may be approved by the County. The County shall provtde the information pertaining to its requirements no later than December 1, 2002. The City represents and confirms that there currently exists, or provisions have been made at no cost to the County for all required stacking and deceleration lanes and other roadway modifications to accommodate traffic associated with the development of the County property. Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 9 of 21 9.06 The City acknowledges that adequate site lighting is necessary to enhance the safety and security of the indivIduals utilizing the site. The City agrees to permit site hghtmg, prowded that such hghting shall comply with City codes and land development regulations. 9.07 The City agrees to imtiate and process the abandonment requested by the County tbr the Alley Property, the north south alley way, and any other alleyways not currently but which may exist w~thm the Courthouse Property. Said alleyways shall be conveyed to the County no later than April 1~t, 2003, or in the case of the unknown alleyways, within 120 days of the County's discovery of same and request to City. Such abandonment shall exclude such underground utility easements as the City shall require for ex~sting underground utilities, provided however, that m the event that the City receives notice from the County that the County intends to construct a structure(s) on such abandoned rights of way where underground utilities ex~st, the City shall at its sole costs and expense, remove, relocate or abandon said underground utilities. The City shall provide the County with a marketable title insurance pohcy in an amount eqt,,l to the fair market value of the property subject to the abandonment at the time the abandonment is completed. The City shall bear the full cost of the processing all such abandonments. 9.08 If, in the sole discretion of the Chief Judge of the Fifteenth Judicial C~rcuit, there is an apprehension of inadequate site security at the site, then upon written request of the Chief' Judge, the City agrees to assign one full time police officer to the security of the site and immediate surrounding areas, full bme, extending from one hour before and continuing until one hour after the normal business hours of the Courthouse, at no cost to the County. This security shall continue to be provided by the City until such time that the Chief Judge is satisfied from statistics or other documentation that the site is adequately secure without the specific assignment of such a patrol officer by the City. On June 3, 1999, the Chief Judge agreed to modified site security requirements for the C~ty in lieu ora full ttme police officer, subject to continuous review and approval of the Chief Judge. The County agrees to provide a full time contract security position to the Courthouse s~te upon the occupancy of the Courthouse expansion. 9.09 The City agrees to grant the County, at no cost to the County, a temporary parking easement for contractor personal vehicles during Courthouse - Phase I construction. The location of the easement shall be determined prior to the commencement of Phase I, however the City is aware that the preferred location is within two blocks of the site in order to minimize the likelihood of contractors parking in adjacent residential and unauthorized areas. 9.10 The City a~ees to grant the County, at no cost to the County, a temporary parking easement for contractor personal vehicles during Courthouse - Phase III construction. The location of the easement shall be determined prior to the commencement of Phase III, however, the City is aware that the preferred location ts wtthin two blocks of the site in order to minimize the likelihood of contractors parking m adjacent residential and unauthorized areas. Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 10 of 21 9.11 The City agrees to grant the Library, at no cost to the L~brary, a temporary parking easement for contractor personal vehicles during the construcuon of the L~brary. The location of the easement shall be determined prior to the commencement of' construction oi: the L~brary, however, the City is aware that the preferred location is within two blocks of the Library site in order to mimmize the hkelihood of contractors parking in adjacent residentiat and unauthorized areas. 9.12 The County understands that the City is the owner of the L~brary Property and intends to lease with option to buy same to the Library pursuant to the terms of ground lease agreement. The City agrees to ensure that the terms of tts ground lease are consistent and in no way conflict w~th the terms, permitted uses or rights granted to the L~brary pursuant to this Agreement. In the event that there is a disagreement between the terms of this Agreement and the ground lease agreement, the terms of this Agreement shall prevail. 9.13 In order to construct the Parking Facilities in such a manner that a future expansion is possible without significant impact to the Courthouse and Library's operations, the City agrees to pay $534,000 toward the cost of construction of the Parking Facilities. The City shall provide such funds to the County upon receipt of invoice from the County prior to construction. Neither the County nor the Library shall have any obligation to re-pay the City for these funds in the event that an expansion to the Parking Facilities does not occur. All obligations and/or rights with respect to the parties and expansmn of'the Parking Facilities are set forth Section 11 of this Agreement. Section 10: Operation and Maintenance of the Parking Garage and Surface Parking 10.01 The Parking Master Plan assumes non-exclusive use of all parking spaces by the County, Library and its employees and vis,tots, both the County and the Library agree hereby with that assumption. The County agrees that it will employ reasonable operational measures to direct its employees to use the garage spaces, starting at the top and working down. The Library agrees that it will employ reasonable operational measures to direct its employees to park in the southern most surface parking spaces. 10.02 The County shall be physically responsible for the operation and maintenance of the Parking Facilities and the Library shall annually pay the County 31% of all on-site operauon and maintenance costs including capital renewal and replacement costs, utdities, and security costs. 10.021 By April I s~ annually, the County shall submit an operations and maintenance budget to the Library for the next fiscal year. 10.022 On November 1 ~ annually, the County shall invoice the Ltbrary for the entire amount due to the County for that fiscal year, commencing upon the occupancy of the Library or October 1, 2004, whtchever occurs first. Library/C~ty/CR.A Agreement Last Update FINAL 10/09/02 1943 Page 11 of 21 10.023 In the event that the allocauon of parking spaces to each party to this Agreement changes as a result of Section 11 of th~s Agreement, the pro rata share of the operating and ma,ntenance costs described In this subsecuon will be reallocated among the parties accordingly. 10.03 The County and the Library shall meet periodically to discuss issues regarding the use, operations and maintenance of the Parking Facilities. The County and the Library both agree that no fee will be assessed to users of the Parking Faciltttes. In the event that either the Ltbrary or the County believes that there is a reason to consider the assessment of fees, th~s issue shall be brought up through the periodic meeting process described in this Section. Section 11: Options to Expand Parking Garage 11.01 In the event that the City chooses to expand the structured parking on the Courthouse Property, the City shall provide notice to the County as well as all other parties to this Agreement at least one year in advance of the desired construction commencement date. Such notice shall not be delivered prior to the completion of the Courthouse Expansion Project and the construction of the library. Within 90 days of receipt of the notice, the County shall review the request and initiate an amendment to this Agreement which includes the terms and conditions under which the expansion to the structured parking can proceed, which wtll at a minimum include; 1) the C~ty agreeing to be responsible for all costs associated with the expansion, 2) the temporary parking accommodations to provide similar parking faciliUes for the library and courthouse operations, and 3) identifies the number of expansion spaces that the County chooses to fund for its use. If the County chooses to fund expansion spaces as part of a City inittated expansion, it shall reimburse the City an amount equal to the percentage of County expansion spaces multiplied by $334,000, as well as funding the cost of the County expansion spaces. The Ctty acknowledges that the County and the Library provide parking at no charge to its respective patrons and employees, and the expansion of the Parking Facilities and subsequent use by others must provide for conUnued use of the Parking Facilities by the Courthouse and Library patrons and employees at no charge. Approval by the County, Agency and Library shall not be unreasonably withheld. 11.02 The County reserves the right to expand the parking structure at its cost any time after the completion of the Courthouse Expansion Project and the construction of the library. If the County intends to expand the parking, it shall provide one year notice to the City and the Ltbrary and each shall be given 90 days to reply with whether it chooses to participate in the expansion. In the event ora County inttiated expansion which the Library and/or City do not choose to participate in the expansion, the County shall be solely responsible for the costs of the parking expansion and shall be responsible for providing temporary parking accommodations to provide simtlar parking facilities for the Library operations. Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 1.2 of 21 Section 12: Use of Parking Lots and Garage by City 12.01 The parking lot and garage constructed by the County, Library and City may be available l'br use after normal business hours by the County, City, Library and/or the Agency pursuant to the Real Property Temporary Use Agreement to be entered into between the County and the City, Library or Agency administratively on the form attached as Exhibit 4. Tile requesting party shall submit a letter requesting use of the Parking Facilities to the County, no less than 30 days tn advance of the date of event for which the request is being sought. The letter request shall ~nclude the dates and time of the proposed event, the name and purpose of the use, whether any fees (for those potential parkers other than L~brary patrons and Courthouse visitors and employees) are proposed for the use of the Parking Facilities, the amount of the proposed fee (if applicable), the name of the party who will benefit from the revenue collected, contact person information, as well as evidence of the required insurance. Based on the request, the County will prepare a Temporary Use Agreement for review by the Library and execution by the reqt~csting party. Fees for temporary use of the Parking Facilities will only be approved if they are for the benefit of the County, the City, or the L~brary. The County and Library agree to not unreasonably withhold its consent for the City and/or the Agency's utilization of said parking. Section 13: Real Property Considerations 13.01 The County and the City agree that in the event that the County ever elects to dispose of its interest in any of the County's real property, the Agency, or the City if the Agency is dissolved, shall have the right of first refusal to acquire such real property from the County. Prior to taking any action to dispose of the property, the County shall offer the property to the Agency "as is" at a purchase price equal to the fair market value of the improvements to the land made by the County (excluding land value). The County shall provide the Agency written notice of its intent to dispose of such real property together with an appraisal as to the said improvement to the lands and the Agency shall have the first right of refusal as herein provided by providing the County written notice such election within 45 calendar days of the receipt of such not~ce from the County. Failure of'the County to receive written notice within this time period, shall result in termination of the Agency's right of first refusal. In the event that the Agency elects not to purchase the property or fails to respond within the time period indicated above, the right of first refusal shall be provided to the City under the same terms as described above. In the event that the City chooses not to purchase the property, the right of first refusal shall be provided to the Library under the same terms as described above. Any sale or transfer of the County's interest in Courthouse Property on the east s~de of SW 2"a Avenue will be subject to the rights, use and terms ofth~s Agreement. Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 13 of 21 13.02 The use of the Library Property shall be restricted to hbrary and customary ancillary uses, as well as City or other legal uses which; I) do not increase or modify the traffic and mternal circulauon patterns within the garage or on rights of' way adjacent to the Courthouse Property, and 2) do not jeopardize the County's tax-exempt bond restncuons. In the event that the library is never constructed or that the lease between the City and the Library is terminated (except for termination of the lease in the event that the Library purchases the L~brary Property from the City), the City may request that the Library Property be used for City operations or leased to a non-City entity, provtding that the proposed operaUon does not have additional impacts on parking and internal circulatmn beyond that whmh was assumed for use by the Library, and such proposed use does not jeopardize the County's tax-exempt bond restrictions. Such approval shall not be unreasonably withheld. 13.03 If the Library chooses not to construct upon the Library Property after the construction of the Parking Facilities, the County sh?.ll not be obligated to re-pay the Library for any monies provided to the County pursuant to this Agreement. The County's only obhgation is make the parking spaces available to the City, its successors and assigned, under the same terms as defined in this Agreement. 13.04 The City shall take the necessary steps to abandon the east west alleyway between the Library Property and the Parking Facilities, pursuant to the terms of Sectmn 9.07. Concurrent with the abandonment, the City shall convey the northern most half of the alleyway to the County. Upon receipt of the northernmost half of the alley, the County agrees to convey, by County deed, the entire alley ("Alley Property") to the City for incorporation into the Library Parcel subject to a reverter in favor of the County. The Alley Property shall revert to the County in the event that the property is used for purposes other than those allowed by this Agreement. Section 14: Indemnification 14.01 To the extent permitted by law, the parties to this Agreement shall indemnify, defend and hold the other party and their respecUve officers and employees harmless against any actions, claims or damages arising from that party's performance of this Agreement. The foregoing tndemnification shall not constitute a wazver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute an agreement by either party to indemnify the other party for its own negligence, willful or intentional acts. Section 15: Notices 15.01 Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following. Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 14 of 21 As to the County: Director, Facilities Development & Operations 3323 Belvedere Rd Bldg 503 West Palm Beach, Fl. 33406 County Administrator 301 N. Olive Ave, Suite 1101 West Palm Beach, FI. 33401 County Attorney 301 N. Olive Ave, Suite 601 West Palm Beach, Fl. 33401 As to the City: City of Delray Beach Office of City Manager 100 NW First Avenue Delray Beach, Fl. 33444 As to the Library: Library Director Delray Beach Public Library 29 SE First Ave Delray Beach, Fl. 33483 As to the Agency: Office of the Executive Director Delray Beach Community Redevelopment Agency 104 Atlantic Ave Delray Beach, FI. 33444 Robert Federspiel, Esq. 151 NW First Avenue Delray Beach, Fl. 33444 Section 16: Term of Agreement 16.01 The initial term of this Agreement is 30 years and shall commence immediately upon execution of this Agreement. The Agreement may be renewed for two additional 30 year Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 15 of 21 terms thereafter. At least two years prior to the expiratton of the tnittal term, the Library and City shall advise the County of its request to renew the Agreement. Such Renewal Amendment wIll requ.'e approval of all part,es and none of the parties may unreasonably withhold its approval of the Renewal Amendment. In the event that the City chooses not to pamcipate in the renewal of this Agreement, the L~brary and the County may negonate a mutually acceptable renewal agreemeut, but which wilt reqmre the City to remain obligated for any outstanding or on-going obligations from the initial temp. Section 17: Termination 17.01 In the event of a termination by the Library pursuant to Section 4.01 or 5.02, the City shall have 60 days to step into the role of the Library for the purposes oftNs Agreement in which case all rights and pnwleges of the Library with respect to the design, construction and use of the Parking Fatalities will then be the City's. In the event that the City chooses not to assume the responsibilities of the L~ orary, the County shall be able to proceed w~th the design and construction of a surface parking facility for the Courthouse facihties only and shall have no further obligation to provide parking on its property, in any manner whatsoever for the future development of the L~brary Property by the City. 17.02 In the event of a termination of the Library's participation tn this Agreement pursuant to Section 4.01 and regardless of whether the City assumes the obligations of the Library pursuant to Section 17.01; all requirements, obligations, rights and privileges of the County, City, and Agency continue. 17.03 Upon execution of the construction contract for Courthouse - Phase I, none of the parties shall have the abihty to terminate this Agreement. Section 18: Amendments to this Agreement 18.01 This Agreement may be amended from time to time by written amendment by all parties. Section 19: Applicable Law 19.01 This Agreement shall be governed by the laws of the State of Florida. Section 20: Filing 20.01 A copy of this Agreement shall be filed by the County with the Clerk of the Circuit Court in and for Palm Beach County. Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 16 of 21 Section 21: Entire Agreement 21.01 Tlus Agreement and any attachments attached hereto and forming a part thereof as if fully set forth herein, constitute all agreements, condtUons and understandings between the County, City, Agency and Library. All representaUons, either oral or written, shall be deemed to be merged rote this Agreement, except as herein otherwise provided, no subsequent alteration, waiver, change or addaion to this Agreement shall be binding upon the county or City unless reduced to writing and signed by them. Section 22: Delegation of Duty 22.01 Nothing contained herein shall be deemed to authorize the delegation of the Constituttonal or Statutory duties of County or City officers. Section 23: Annual Budget Appropriations 23.01 The County's and City's obligations to pay pursuant to this Agreement are contingent upon the annual appropriation for this purpose by the Board of County Commissioners and the Delray Beach C~ty Commission. In the event that the C~ty or County exercises its rights under this Section of the Agreement after the construction of the Parking Facilities, the Library retains the rights to use the Parking Facilities. Section 24: Time is of the Essence 24.01 Time is of the essence with respect to the performance of each and every provision of this Agreement where a time is specified for performance. Section 25: Assignment 25.01 None of the parties to this Agreement shall assign this Agreement or any interest herein without the prior written consent of the other parties. Section 26: Default 26.01 In the event any party fails or refuses to perform any term, covenant or condition of this Agreement, the same shall constitute a default hereunder, and the non-defaulting parties shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof. Section 27: Invalidity of Clauses 27.01 The invalidity of any portion, section, paragraph, provision, clause or any portion of this Agreement shall have no effect upon the validity of any other part or portion hereof. Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 17 of 21 Section 28: Effective Date of Agreement 28.01 This Agreement is expressly contingent upon the approval of the Pah'n Beach County Board of County Commissioners and shall become effective only when signed by all parUes and approved by the Palm Beach County Board of County Commissmners. Section 29: Termination of Previous Agreements 29.01 Upon approval of this Agreement by the Board of County Commissioners, Agreement R86- 1201, as amended is terminated. Section 30: Non Public Forum 30.01 The Courthouse Property (which includes the Parking Facilities) are designated as non-public forums and as such, expressive activities such as, but not limited to protests, petitioning, soliciting, leafleting, campaigning, exhibitions, displays are subject to approval by the County pursuant to its adopted policies. The Library agrees that it will comply with the County's policy for expressive activities which may be considered for the Parking Facilities. 1N WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written. ATTEST: DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Warren H. Newell, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney APPROVED AS TO TERMS AND CONDITIONS By: Dir. Facilities Dev & Ops Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 18 of 21 ATTEST: CITY OF DELRAY BEACH By: City Clerk By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Printed Name of Mayor By: City Attomey Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 19 of 21 ATTEST: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Witness By: Chairman By: Witness By: Pnnted Name of Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agency Attorney Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 20 of 21 ATTEST: DELI:LAY BEACH PUBLIC LIBRARY By: Witness By: Chaim~an By: Witness By: Printed Name of Chmrman APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Attorney for the Library Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 21 of 21 LIST OF EXHIBITS Exhibit I - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Exhibit 6 - Property (1 page) Parking Master Plan (3 pages) Letter from City of Delray Beach staff recommending and supporting the grant of waivers for the Parking Facihties (1 pages) Agreement for Use of Parking Lots and Garage (7 pages) Compatibility and Use Assumptions/Requirements for Library (2 pages) Construction Staging Area for Library Property (3 pages) ]1 ~E S T AT L ANT [C AVENUE LIBRARY PROPERTY FACILITIES 1 ST STR EXHIBIT 1 COURTHOUSE PROPERTY MAP DELRAY BEACH, FLORIDA NORTH project name: mmm~ ~ ~ P~ project number: ~I date ~-,~-~ ~ drawn a~.~ 'checked FACILITIES DEVELOPMENT &: OPERATIONS capRaJ improvements division west palm beach, flortda (561) 233-0200 (L)'~]];J[~ I~L M~ J~ I I I I [ITY OF DELRI:IY BEI:I[H 1993 2001 100 N.W. 1st AVENUE DELRAY eEACH, FLORIDA 33444 · 561/243-7000 October 9, 2002 Ms. Audrey Wolf, Director Palm Beach County Facilities, Planning. Oesign and Construction 3323 Belvedere Road Building 503 West Palm Beach, Florida 33415 Dear Ms. Wolf: The following letter i,.~ a summary of staff's position on the four items identified by the Site Plan Review and Appearance Board (SPRAB) for the courthouse parking garage at their July 10, 2002 meeting. With respect to the vadance to the required 25% open space requirement of LDR Section 4.3.4(K} staff has ir itiated an LDR text change to reduce this requirement to 10% to be consistent with the balance of the West Atlantic Avenue Overlay District. This amendment was considered by the Planning and Zoning Board on August 19, 2002, and by the City Commission on September 17"' af~d October l't, 2002. With adoption of this ordinance, this is no longer an issue. Regarding the required 100' of stacking for vehicles entedng the garage, this issue has been resolved with the red~;sign submitted on October 8, 2002. The redesigned entrances meet the required stacking criteria of the LDR's. With respect to requiring internal landscaping on the surface lot, a waiver to this requirement is supported by staff. The placement of the required 5' to the extedor of the site (east border) appears to be a reasonable approach. However, the redesigned plans have accommodated the required internal land,~ caping therefore, this issue has been addressed. The issue of providing some design treatment to the east wai! has some medt. Staff feels there should be at least minimal detail along this elevation, in case there is substantial delay in construction of the balance of the garage. While this de{ail does not need to include the physical relief expected on the more visible elevations, staff believes some attempt at detail through score lines, et,;. should be provided. David T. Harden City Manager THE EFFORT ALWAYS MATTERS ~~ let~e~ to Auch'ey w,~, ~C g~r~ge LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into this day 200 , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of' Delray Beach, hereinafter referred to as "Licensee". WITNESSETH: WHEREAS, County is the owner of certain real property in Palm Beach County, Florida, known as the South County Courthouse, as said property is legally described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and WHEREAS, Licensee desires tc use the County owned parking facilities at the South County Courthouse; and WHEREAS, County is willing to grant Licensee a revocable license to use said Property for the purposes hereinafter defined. NOW THEREFORE, in consideration of' the covenants and agreements hereinafter set forth on the part of the Licensee to be observed and performed, the County hereby grants the Licensee a revocable license to use the Premises as hereinafter defined upon the following terms and conditions: ARTICLE I BASIC PROVISIONS Section 1.01 Premises. The premises which are the subject of this Agreement consist of the County owned parking lot at the South County Courthouse; and (pick one or more: east lot, parking garage or north lot). Section 1.02 Length of Term and Commencement Date. The term of this Agreement shall be for , from hours until ~ hours the "Term"), unless sooner terminated pursuant to the provisions of this Agreement. license Agreement - Delray Park)rig Use Last Update: 5/5/02 LO:4?. Page 1 of 7 ARTICLE II LICENSE FEE Section 2.01 License Fee. Licensee shall be entitled to use the Premises without charge. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LICENSEE Section 3.01 Use of Premises. Licensee shall use the Premises solely and exclusively for Licensee shall not use, permit or suffer ~he use of the Premises for any other business or purpose whatsoever. The use of the Premises by Licensee shall not interfere with County's use of, access to and parking on the County's contiguous Property. Licensee hereby agrees that all parking required by Licensee, its agents, employees, or invitees shall be accommodated and confined to the Premises. Licensee, at its sole cost and expense, shall provide all traffic control and enforcement and security necessary to ensure that Licensee's use of the Premises does not interfere with County's use of its contiguous property and that there will be no entry or use of any County building on the Property by the Licensee's agents, employees or invitees. Licensee may charge a fee of $ for the use of the parking. Licensee shall provide the County with a report indicating the total amount of fees collected as well as expenses incurred in collecting the fees and complying with the other requirements of this Agreement. Licensee acknowledges that the County will approve the Licensee to collect a fee for parking when the revenues from same are accrued only to the Licensee, the County, and/or the Delray Beach Public Library. Licensee acknowledges that while not a party of this Agreement, the County will only approve the License if the Licensee's use does not interfere with, or is acceptable to the Delray Beach Public Library. Section 3.02 Licensee's Work. Licensee shall make no furrY'er improvements, alterations or additions to the Premises without the prior written consent of County. Licensee agrees and acknowledges that any such work performed by Licensee whether pursuant to this Section or otherwise, is performed and accomplished solely for the benefit and convenience of Licensee, and not for the benefit of County, such work being nevertheless subject to each and every provision of this Agreement. Idcense Agreement - Delray Parlang Use Last Ul~date: 5/5/02 10:42 Page 2 of 7 Section 3.03 Waste or Nuisance. Licensee shall not commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect County's fee interest in the Premises. Licensee shall not store or dispose any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents, including any petroleum products, used or produced in Licensee's operations, on the Premises or in any manner not permitted by law. All refuse is to be removed from the Premises daily at Licensee's sole cost and expense. Licensee will keep the access to the Premises, the parking areas, driveways and other contiguous areas to the Premises free and clear of obstruction. Licensee, at its sole cost and expense, will keep the Premises free of rodents, vermin and other pests. Section 3.04 Governmental Regulations. Licensee shall, at Licensee's sole cost and expense, secure any required permits and comply with all regulations of all county, municipal, state, federal and other applicable govemmental authorities, now in force, or which may hereafter be in force, pertaining to Licensee or its use of the Premises, and shall faithfully observe in the use of the Premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. Licensee shall comply with all ecological requirements to operate its business on the Premises. Licensee shall indemnify, defend and save County harmless from any and all penalties, fines, costs, expenses, suits, claims, or damages resulting from Licensee's failure to perform its obligations specified in this Section. Section 3.05 Non-Discrimination. Licensee shall assure and certify that it will comply with the Title IV of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92-13, and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, martial status, sexual orientation or disability with respect to any activity occurring on the Premises. Section 3.06 Surrender of Premises. Upon expiration or earlier termination of Licensee's license to use the Premises, Licensee, at its sole cost and expense, shall remove all of its improvements and personal property from the Premises and shall surrender the Premises to the County in at least the same condition the Premises were in as of the date of this Agreement. bcense Agreement - Delray Park,ng Use Last Update: 5/5/02 L0:42 Page 3 of 7 ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES Section 4.01 Responsibility of County and Licensee. County shall not be obligated or required to make or conduct any maintenance or repairs whatsoever to the Premises. All portions of the Premises and all improvements erected on the Premises shall be kept in good repair and condition by Licensee. Upon expiration or earlier termination of this Agreement, Licensee shall deliver the Premises to County in good repair and condition as specified herein. In the event of any damage to the Premises, County may complete the necessary repairs and Licensee shall reimburse County for all expenses incurred by County in doing so. ARTICLE V INSURANCE AND INDEMNITY Section 5.01 Liability Insurance. Licensee shall, during the entire Term hereof, keep in full force and effect General Liability Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit bodily injury and property damage liability and Workers Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes. The General Liability policy shall include coverage for Premises - Operations, Contractual and Product Liability, Independent Contractors, Contractual Liability and Broad Form Property Damage Liability coverages. Section 5.02 General Provisions. Except for Workers Compensation, all insurance policies shall name the County as Additional Insured. Such insurance shall be in an insurance company licensed to do business in the State of' Florida and subject to the approval of the County's Risk Management Department. A Certificate of Insurance evidencing such insurance coverage shall be provided to the County at least fifteen (15) days prior to the Commencement Date, such Certificate indicating at least thirty (30) days prior notice of cancellation or adverse material change in coverage. In no event shall the limits of said insurance policies be considered as limiting the liability of Licensee under this Lease. In the event that Licensee shall fail to obtain and maintain in full force and effect any insurance coverage required to be obtained by Licensee under this Agreement, County shall have the right of injunction, or County may immediately terminate this Agreement, notwithstanding any provisions herein to the contrary. Notwithstanding the foregoing, Licensee shall and does nevertheless indemnify, defend and hold County harmless from any loss or damage LJcense Agreement - Oetray Parleng Use Last Ulxlate: 5/5/02 10:42 Page 4 of 7 incurred or suffered by County from Licensee's failure to maintain such insurance. Section 5.03 Indemnification of County. Licensee shall, to the extent permitted by law, indemnify, defend and save County harmless from and against any and all claims, actions, damages, liability and expense in connection with: (i) loss of life, personal injury and/or damage to or destruction of property arising from or out of any occurrence in, upon or at the Premises; (ii) the occupancy or use by Licensee of the Premises or any part thereof, or (iii) any act or omission of Licensee, its agents, contractors, employees or invitees. In case County shall be made a party to any litigation commenced against Licensee or by Licensee against any third party, then Licensee shall protect and hold County harmless and pay all costs and attorney's fees incurred by County in connection with such litigation, and any appeals thereofi Nothing contained herein shall be deemed a waiver of the City's sovereign immunities. Section 5.04 Waiver by Licensee and Licensee's Insurers of Subrogation. In the event of loss or damage to the Premises and/or any of Licensee's improvements, the Licensee shall look solely to any insurance in its favor without making any claim against the County, and the Licensee shall obtain and deliver to the County, from the insurer under each policy of such insurance, an agreement whereby such insurer waives subrogation of any claim against the County for loss or damage within the scope of the insurance, and the Licensee, for itself and its insurers, waives all such insured claims against the County. ARTICLE VI UTILITIES Licensee shall be solely responsible for and promptly pay directly to the utility or other provider of such service all charges and assessments for water, gas, electricity, trash collection and removal or any other utility used or consumed on the Premises. ARTICLE VII REVOCATION OF LICENSE Section 7.01 Revocation of License. Notwithstanding anything to the contrary contained herein, the fights granted to Licensee hereunder amount only to a license to use the Premises, which license is expressly revocable by County for any reason whatsoever upon notice to Licensee. Upon Licensee's receipt of notice from County of the revocation of the license granted hereby, this Agreement shall terminate and County shall be relieved of all further obligation hereunder accruing subsequent to the date of such termination. Ucense Agreement - Oelray Parkmng Use Last Update: 5/5/02 10:42 Page 5 of 7 ARTICLE VIII MISCELLANEOUS Section 8.01 Entire Agreement. This Agreement and any Exhibits attached hereto and forming a part hereof as if fully set forth herein, constitute all agreements, conditions and understandings between County and Licensee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon County or Licensee unless reduced to writing and signed by them. Section 8.02 Notices. Any consents, approvals and permissions by the County shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return, receipt requested, addressed: (a) If to the County at: Palm Beach County Property and Real Estate Management Division 3323 Belvedere Road, Bldg. 503 West Palm Beach, FL 33406-1548 with a copy to: (b) If to the Licensee at: City of Delray Beach Robert A. Barcinski Assistant City Manager 100 N.W. 1~ Avenue Delray Beach, FL 33444 (c) If to the Library at: Executive Director Delray Beach Public Library 29 SE Fourth Ave De[ray Beach, Fl. 33483 Section 8.03 Recording. Licensee shall not record this Agreement, or any memorandum or short form thereof, without License Agreement - Oelray Parkang Use Last Update: 5t5/02 10:42 Page 6 of 7 the written consent and joinder of County. Section 8.04 Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either of the parties hereto against the other, in connection with this Agreement. Section 8.05 Governing Law and Venue. This Agreement shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County. Section 8.06 Time of Essence. Time is of the essence with respect to the performance of every position of this Agreement in which time of performance is a favor. IN WITNESS WHEREOF, County and Licensee have executed this Agreement, or have caused the same to be executed as of' the day and year first above written. WITNESS: PALM BEACH COUNTY APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney WITNESS: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Robert Weisman, County Administrator CITY OF DELRAY BEACH By: David Hardin, City Manager Assistant County Attorney delray beach\parking use licen~ IJcense Agreement - Oelray Parking Use Last Ul~ate: 5/5/02 10:42 Page 7 of 7 Exhibit 5 The purpose of this Exhibit is to document the assumptions and intent of the parties in entering into this Agreement. To the extent that any of the terms of the Agreement itself are in conflict or inconsistent with the contents of this Exhtbit, the terms of the Agreement prevail. A three story parking garage covering the westem half of the property is contemplated in order to provide for an expansion to the garage in a manner which minimizes the disruption to the operation of the existing garage during the expansion. The Agreement of the parties relating to the physical aspects of garage, the rights of the parties during the development of their respective projects and the potential future expansion are detailed in the Agreement. Not as clear are the operational assumptions and design intent. The foh?wing provides a summary of those assumptions and statements of intent. The Courthouse and Library are compatible uses whose operations complement each other in terms of sharing of parking facilities and other shared facilities such as adjacent roads and access to the property. The Library will be designed and operated in manner which is consistent with and appropriate for the front of a Courthouse. The Library will not place any "back-of house" operations which are conducted on the exterior of the building on the western half the Library property. o The primary entrance to the parking facility for Courthouse employees and visitors will be from SW 2nd Avenue and for the Library employees and visitors from SW Ist Avenue. Both the County and the Library will include the same information in written materials and verbal directions to their respective facilities. It is not contemplated that there will be barriers requiring or personnel enforcing same. o The employees of the Courthouse would be required to use the upper floors of the garage, with the Courthouse visitors encouraged to use the ground level and second level. The employees of the Library would be required to use the southern most surface parking spaces with the Library patrons being encouraged to use the northern most surface parking spaces. The Library will have up to two parking spaces adjacent to its property which will be reserved for 5 minute parking associated with book drop offs. The Library will be responsible for enforcement. Parking lnterlocal Agreement Exhibit $ - Assumptions Page I of' 2 The Library will be provided up to two parking spaces adjacent to its property on the east end of the surface parking lot for service vehicles and deliveries. The Library ~wtll be responsible for enforcement. The parking garage structure will be secured at 1800 hours on Monday through Thursday and re-opened at 0700 hours the following morning. The parking garage structure will be secured from 1800 hours in Fridays through 0700 hours on Monday, unless a license pursuant to Exhibit 4 of this Agreement has been executed, in which case the terms of the License Agreement will prevail. The ground level of the parking garage may be made available for Library use as needed up to 2115 hours on Monday through Thursday and 0900-1730 on Saturdays and Sundays; provided that the Library is responsible for security and ensuring that Gate 3 is in the closed position during times of use. The Library shall be responsible for opening Gates I and/or 2 during these periods of use. Neither the County nor Library intends on charging a fee for use of the parking. In the event that it is determined that a fee shall bc charged, the garage will utilize gang or group parking meters or pay stations, the conduit for which has been designed into the facility. The facility and access was not designed for a cashier booth or any type of perrnanent money collection at the entrance/exit to the facility. Parking Interlocal Agreement Exhibit $ - Assumptions Page 2 of 2 Exhibit 6 This Exhibit idennfies the construction staging area for the construction of the Library, the scheduling for which ts to be determined in the future, but in a case after the completion of the Parking Facihties. A portmn of the surface parking area is designated on Attachment I to this Exhibit and is generally located on the eastern half of the property and adjoimng the south alleyway property lined up to a point just to the east of the entrance to the parking garage structure. The use of this area for construction staging is subject to the following conditions: The Library repairing and restoring all pavement, landscape and other improvements to their pre-staging condition or better. The restoration will be completed at the Library's sole cost and expense. The Library taking all precautions necessary to protect the improvements adjacent to the staging area, the persons and property using/occupying the remainder of the Parking Facilities, including, but not limited to implementing, dust control measures, temporary security, temporary traffic control, signage, etc. The use as a construction staging area is subject to the continual review and approval of the County for compliance with the terms of this Exhibit (which approval wtll not be unreasonably withheld) of the City for compliance with local codes. The County has the right to stop any work it believes creates an eminent danger for the Courthouse, it employees or its visitors. The Library shall create a temporary entrance to the lot from SW 1st Avenue to the southeast comer of the lot (access from SW Ist Ave) to provide access to and from the parking garage. This would include the relocatton of the entrance back to its original position at the completion of construction of the Library and restoration of the temporary entrance back to its original condition by the Library, at its sole cost and expense. All vehicles and equipment associated with the Library construction shall enter the Library s~te or the construction staging area from SW 1~t Ave only. All construction vehicles and equipment are prohibited from SW 2nd Ave. o The Library will include in its construction contract a provision which prohibits the temporary closure ofSW 2"d Ave for any purpose or any duration from 0600 hours Monday through 1800 hours on Friday. Temporary closure of SW 2nd Avenue on the weekends may be approved by the County with no less than 96 hour advance notice to the County. The Library must also secure the necessary City approvals for temporary street closures. Parking Interlocal Agreement Exh,ba 6 - Llbrau Construct Staging Area Page I of' 2 o The Library will include in its contract a provision which prohibits the temporary closure of SW 1~t Ave for any purpose or any duration from 0630 to 0900 hours and from 1600 to 1730 hours on Monday through Friday, providing that the south entrance to the garage remains open and the Library has secured the necessary permits from the City. The Library will be solely responsible for security within the construction staging area which may not include the use of canine to secure the site. In the event that the Library has secured a building permit and is fully funded the construction prior to the completion of the Parking Facilities, the Library may request that the County deduct certain work items from the Parking Facilities project. Any items (such as those listed below) deducted from the Parking Facilities, would have to be provided by the Library upon completion of the Library construction project. Further, such deductions are subject to modification of the County's building permit for the Parking Facilities to allow for a partial certificate of occupancy. Examples of the work which may be deducted are as follows. a. Providing only the first lift of asphalt in the area of the surface parking to be used as a staging area b. Utilizing Type F curbing for the surface parking lot to accommodate the second lift of asphalt at a later date. c. Installation of landscaping and curbing within the construction staging area. Parking Interlocal Agreement Exh~ba 6 - L,brary Construct Staging Area Page 2 of' 2 c ATTEST: CITY OF DELRAY BEACH By: City Clerk By: Mawr APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Printed Name of Mayor By: City Attorney Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 19 of 21 ATTEST: CITY OF DELRAY BEACH By: City Clerk By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Printed Name of Mayor By: City Attorney Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 19 of 21 ATTEST: CITY OF DELRAY BEACH By: City Clerk By: Mawr APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Printed Name of' Mayor By: City Attorney Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 19 of 21 ATTEST: CITY OF DELRAY BEACH By: City Clerk By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Printed Name of Mayor By: City Attorney Library/City/CRA Agreement Last Update FINAL 10/09/02 1943 Page 19 of 21 ATTEST: CITY OF DELRAY BEACH By: City Clerk By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney By: Printed Name of Mayor Library/City/CRA Agreement Last Update FINAL I0/09/02 t943 Page 19 of 21 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # / D g ORDINANCE NO. 51-02 - REGULAR MEETING OF OCTOBER 15. 2002 (AMENDING ORDINANCE NO. 39-96 AND OCTOBER 11, 2002 This ordinance is before Commission for second reading to amend Ordinance No. 39-96, which established the Special Activities Zoning District for certain land in the Silver Terrace Subdivision, by amending Section Three 0), Paragraph Five (5) to allow Single Family Detached Dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision. The property is located on the east side of Dixie Highway, between Central Avenue and Collins Avenue within the residential area of the Special Activities District (SAD). It is an interior lot facing Dixie Highway for the construction of a single family home that can only be accessed from Dixie Highway. Ordinance 39-96 and the Silver Terrace Redevelopment Plan currently prohibit residential development with driveway connections to Dixie Highway. Ordinance No. 51-02 will allow Lots 2-3, Block 2 and Lots 2-4, Block 3 to be accessed from Dixie Highway. The driveway connections will only be permitted for the interior lots and designed so that a vehicle can enter and exit a property in a forward manner. The Planning and Zoning Board held a public hearing in conjunction with the request. After discussing this amendment, the Board voted 5-0 to recommend the request be approved, based upon a positive finding with respect to the goals, objectives, and policies of the City's Comprehensive Plan, consistency with the Silver Terrace Redevelopment Plan, and Land Development Regulations Section 2.4.5 (12))(5) (Rezonmg Findings). At the fixst reading on October 1, 2002, the City Commission passed this ordinance. Recommend approval of Ordinance No. 51-02 on second and final reading. S'\C~ty Clerk\chevelle folder\agenda memos\Ord.51 02 10 15.02 TO: THRU: FROM: SUBJECT: DAVID T HARDEN, CITY MANAGER ~ ~,'-',. · .~'"-/ PAUL DORLING, DIRECTOR OF PLANNING AND ZON~G MICHELLE HOYLAND, SENIOR PLANNER~ ~~ CITY COMMISSION MEETING OF OCTOBER 1, 2002. AMENDMENT OF THE SILVER TERRACE SAD (SPECIAL ACTIVITIES DISTRICT) ORDINANCE AND REDEVELOPMENT PLAN. An application has been submitted from the property owner of Lot 4, Block 2, Silver Terrace Subdivision to modify the SAD Ordinance. The property is located on the east side Dixie Highway, between Central Avenue and Collins Avenue within the residential area of the SAD (see attached map). Earlier this year, the property owner purchased the subject property, which is an interior lot facing Dixie Highway, to construct a single family home, for which a building permit application has been submitted. The lot is only accessible from Dixie Highway. However, the SAD ordinance and Silver Terrace Redevelopment Plan currently prohibit residential development from having driveway connections to Dixie Highway. In order to utilize the property for single family purposes, the applicant is requesting an amendment to the SAD Ordinance to allow Lot 4, Block 2, to be accessed from Dixie Highway. Staff is recommending that this change also apply to the two properties immediately to the south of the subject property (Lots 2-3, Block 2) as well as Lots 2-4, Block 3. In order to accommodate the change, the language within the Silver Terrace Redevelopment Plan must also be modified. The construction of single family detached dwellings on the platted single family lots is appropriate and is consistent with the original intent of the subdivision and redevelopment plan. The provision of single family detached dwellings is also consistent with the type of residential development that has recently occurred in the Silver Terrace Redevelopment Area. Driveway connections to Dixie Highway will only be permitted on the interior lots and must be designed so that a vehicle can enter and exit a property in a forward manner. Additional background and analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing in conjunction with the requests. After reviewing the staff report, the Board voted 5-0 (Krall and Pike absent) to recommend that the requests be approved, based upon positive findings with respect to the Goals, Objectives and Policies of the Comprehensive Plan, consistency with the Silver Terrace Redevelopment Plan, and LDR Section 2.4.5(D)(5) (Rezoning Findings). Approve on first reading Ordinance 51-02 amending the Silver Terrace Redevelopment Plan and the associated SAD (Special Activities District) Ordinance to allow single family detached dwellings fronting on Dixie Highway (except corner lots) to take access from Dixie Highway, based upon the findings and recommendations by the Planning and Zoning Board and setting a public hearing date of October 15, 2002. Attachments: Planning & Zoning Board Staff Report of September 23, 2002 & Ordinance No. 51-02 ORDINANCE NO. 51-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-96 WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING DISTRICT FOR CERTAIN LAND LOCATED IN THE SILVER TERRACE SUBDIVISION, BY AMENDING SECTION 3, PARAGRAPH 5 TO AIJ.OW SINGLE FAMILY DETACHED DWF. I.I-INGS ON LOTS LYING WITHIN BLOCKS 2 AND 3 OF THE SILVER TERRACE SUBDIVISION WHICH ONLY FRONT ON DIXIE HIGHWAY (EXCEPT CORNER LOTS) TO TAKE ACCESS FROM DIXIE HIGHWAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board considered the proposed amendment at a public heating on September 23, 2002, and voted 5 to 0 to recommend approval based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(13)(5) (Rezoning Findings), and the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, pursuant to Florida Statutes Section 163.3174, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLI.OWS: Section 1. That Section 3, Paragraph (5) of Ordinance 39-96 be, and the same is hereby amended to read as follows: (5) Residential development shall be pursuant to the density limitations and development standards of the RM (Medium Density Residential) zoning district, except as modified below: Except for single family detached dwellin_~ on Lots 2-4. Blocks 2 and 3, residential structures shall take access from the local streets in the subdivision. No new driveway connections to Dixie Highway are permitted. .The driveways on Lots 2-4. Blocks 2 and 3. must be designed to enable vehicles to enter and exit the site in a forward nlanllero (b) Multiple family residential structures shall be in the form of townhouses on platted fee-simple lots or a residential condomim'um. Multiple family developments shall have a minimum development area of one (1) acre. (d) Tandem parking may be counted toward minimum parking requirements for townhouse units with garages. Rear setbacks, and setbacks along the perimeter of the SAD, shall be 15 feet. Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the same are hereby repealed, provided, however, all other terms and provisions of Ordinance No. 39- 96 shall remain in full force and effect. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective mediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ~ 2002. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 51-02 pLANNING AND ZONING BOA RD MEMORANDUM STAFF REPORT MEETING OF: AGENDA ITEM: SEPTEMBER 23, 2002 IV.D AMENDMENT TO THE SILVER TERRACE REDEVELOPMENT PLAN AND THE ASSOCIATED SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE RELATING TO DRIVEWAYS ON DIXIE HIGHWAY WHEN ASSOCIATED WITH A SINGLE FAMILY RESIDENCE. The action before the Board is that of making a recommendation to the City Commission on a proposed amendment to the Silver Terrace Redevelopment Plan and associated SAD (Special Activities District) zoning ordinance to allow single family detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision which only front on Dixie Highway (except corner lots) to take access from Dixie Highway. SADs are established and modified by an ordinance which is processed as a rezoning. Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. With the adoption of the Comprehensive Plan in 1989, the City designated the Silver Terrace area as Redevelopment Area #4 on the Future Land Use Map. The Comprehensive Plan required the preparation of a redevelopment plan for the area, including the installation of required infrastructure and the establishment of FLUM designations for all properties in the area. The redevelopment plan was adopted by the City Commission at its meeting of March 5, 1996. In order to deal with a number of nonconforming and unsightly commercial uses and structures within the area, the redevelopment plan recommended the application of a flexible zoning district. The recommendation called for the establishment of an SAD district which would accommodate most of the existing uses as conforming while limiting future uses and development in the area to the character identified in the plan. The Ordinance establishing the SAD was adopted by the City Commission on September 17, 1996. The SAD creates three use areas within the subdivision: a neighborhood commercial area, a residential office area, and a residential area. Permitted uses for IV.D Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 2 parcels within each of these areas are identified in the SAD Ordinance. The Ordinance also included development standards. On August 23, 2000, an application was submitted to modify the SAD Ordinance relating to Lots 4-9, Block 4 within the neighborhood commercial area of the SAD. The applicant proposed the following amendments to the SAD Ordinance: · To add the principal uses within the RO (Residential Off/ce) zone district, except duplexes as permitted uses; · Remove the restriction on the sale of convenience food and beverages; · Allow contractors offices, including storage of construction materials; · Allow the retail sale of new or used furniture, carpet, tile, draperies, antiques and appliances; · Allow the storage of construction supplies, boats, motorcycles or vehicles in existing nonresidential structures with garage facilities; and, · Modify the requirement that nonresidential structures shall take access from S. Dixie Highway and SE '/0th Street to exempt existing nonresidential structures. On November 7, 2000 the City Commission approved the modification to the SAD Ordinance for Lots 4-9, Block 4 to add the principal uses within the RO (Residential Office) zoning district, except duplexes as permitted uses, only. The balance of the changes were not approved. Modification of the requirement that all nonresidential structures shall only take access from S. Dixie Highway and SE 10th Street to exempt existing nonresidential structures was not consistent with the redevelopment plan. Furthermore, the change was unnecessary, since the existing nonconformities could continue until the existing structures are redeveloped or a major change of use occurs. On August 19, 2002, an application was submitted from the property owner of Lot 4, Block 2 to modify the SAD Ordinance. The property is located on the east side Dixie Highway, between Central Avenue and Collins Avenue within the residential area of the SAD (see attached map). Earlier this year, the property owner purchased the subject property, which is an interior lot facing Dixie Highway, to construct a single family home, for which a building permit application has been submitted. The lot is only accessible from Dixie Highway. However, the SAD ordinance and Silver Terrace Redevelopment Plan currently prohibit residential development from having driveway connections to Dixie Highway. In order to utilize the property for single family purposes, the applicant is requesting an amendment to the SAD Ordinance to allow Lot 4, Block 2, to be accessed from Dixie Highway. Staff is recommending that this change also apply to the two properties immediately to the south of the subject property (Lots 2-3, Block 2) as well as Lots 2-4, Block 3), and is proposing the following amendment to Section 3(5)(a) of SAD Ordinance No. 39-96: Except for single family detached dwellinqs on Lots 2-4, Blocks 2 and 3, residential structures shall take access from the local streets in the subdivision. No new driveway connections to Dixie Highway are permitted. The driveways for single family detached dwellinqs on Lots 2-4, Blocks 2 and 3, must be desiqned to enable vehicles to enter and exit the site in a forward manner. Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 3 In order to accommodate the change, the language within the Silver Terrace Redevelopment Plan must also be modified. This proposal includes modification to the Design Guidelines section regarding "Residential Lots Along Dixie Highway". SAD ORDINANCE AMENDMENT: REQUIRED FINDINGS (CHAPTER 3): 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 consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. With the SAD approval of September 17, 1996 (Ordinance No. 39-96) and the SAD modification on November 21, 2000 (Ordinance No. 30-00), positive findings were made with respect to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations, This proposed amendment does not have any impacts on the previous findings. As the request only involves a development standard and not rezoning of land, LDR Section 3.2.2(Standards for Rezoning Actions) is not applicable. However, LDR Section 2.4.5(F)(5) is discussed below. Section 2.4.5(D)(5) (Rezonin~ Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant submitted the following justification statement: "This change allows access to Dixie Highway. Without change the change Lot 4 is not usable. No other change is required." Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 4 The reason for the change relates to "c". The construction of single family detached dwellings on the platted single family lots is appropriate and is consistent with the original intent of the subdivision. The provision of single family detached dwelling is also consistent with the type of residential development that has recently occurred in the Silver Terrace Redevelopment Area. Driveway connections to Dixie Highway will only be permitted on the interior lots and not the corner lots as they can be accessed from adjacent local streets. Also, the driveways must be designed so that a vehicle can enter and exit a property in a forward manner, which will alleviate the concern with vehicles backing into Dixie Highway. REDEVELOPMENT PLAN AMENDMENT: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Future Land Use Element Policy C-1.6 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping center. The Silver Terrace Redevelopment Plan was adopted by the City Commission on March 5, 1996. The plan establishes Future Land Use Map designations, zonings, and special development standards for the redevelopment area. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Residential development is subject to the following development standards, which are incorporated in SAD Ordinance No. 39-96: · Residential structures shall take access from the local streets in the subdivision. No new driveway connections to Dixie Highway are permitted. · Multiple family residential structures shall be in the form of townhouses on platted fee- simple lots or a residential condominium. Multiple family developments shall have a minimum development area of one (1) acre. · Tandem parking may be counted toward minimum parking requirements for townhouse units with garages. · Rear setbacks and setbacks along the perimeter of the SAD shall be 15 feet. The proposal is to modify the requirement that prohibits residential developments from taking access from Dixie Highway. The proposal will affect a total of 6 lots, 3 per block. The lots within Block 2 are currently vacant, however building permit applications have been submitted to construct single family detached dwellings on Lot 4 and 5. Lot 5 is a corner lot and is designed with a driveway connection to Central Avenue, while Lot 4 is an interior lot and proposes a driveway connection to Dixie Highway. Block 3 contains the existing nonconforming Rusty Plumbing contractor's business, while the lots at the north end of the Block are vacant. The adopted redevelopment plan states the following with regard to residential lots along Dixie Highway: Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 5 "RESIDENTIAL LOTS ALONG DIXIE HIGHWAY Several lots on which residential uses will be permitted under the provisions of the plan currently have frontage only on Dixie Highway. Residential lots fronting on Dixie Highway are not conducive to encouraging residential development and could potentially create traffic problems. In order to avoid those problems, the SAD ordinance will require residential developments to take access from local streets. That provision will prevent construction of new residential units fronting on Dixie Highway." The intent was to buffer the residential developments from Dixie Highway and eliminate multiple curb cuts on Dixie Highway. The Silver Terrace subdivision was platted in 1925 and was restricted to residential only at the interior and south ends of the subdivision, with residential lots fronting Dixie Highway. The north and northwest sides, adjacent to Dixie Highway and SE 10th Street did not have use restrictions. The intent of the Plan is that new development will be primarily single family detached housing. While the Redevelopment Plan and SAD ordinance prohibit duplexes, the minimum lot size for a multiple family development is 1 acre, which requires aggregation of numerous parcels. The lot size for single family residences is based upon the originally platted lots provided they have a minimum 50' of frontage. All of the lots in the Silver Terrace Subdivision have at least 50' of frontage/width. Since the adoption of the Plan in 1996 and installation of the infrastructure improvements, there has been residential development activity (9 single family detached dwellings) in the Silver Terrace Redevelopment Area. Assemblage of multiple parcels for multiple family (fee-simple townhouse and/or condominium development) adjacent to Dixie Highway has not occurred. The concern with regard to driveways on Dixie Highway is that it is a collector roadway and multiple driveway connections with vehicle backing into the roadway would create traffic conflicts. This could have occurred if a multiple family development, with the potential of accommodating 12 units to the acre, were able to take access from Dixie Highway. There are 10 lots in the residential area of Silver Terrace that front Dixie Highway. The proposal is to allow only the interior lots (6 total) to have driveway connections to Dixie Highway, when developed as single family detached dwellings only. In addition the driveway is to be designed in a manner that would allow vehicles to enter and exit the site in a forward manner, which would alleviate concerns with vehicles backing into Dixie Highway. The following changes to the adopted Redevelopment Plan are proposed: "RESIDENTIAL LOTS ALONG DIXIE HIGHWAY Several lots on which residential uses will be permitted under the provisions of the plan currently have frontage only on Dixie Highway. Residential lots fronting on Dixie Highway are not conducive to encouraging residential development and could potentially create traffic problems. In order to avoid those problems, the SAD ordinance will require residential developments to take access from local streets, except for the interior lots fronting along Dixie H~qhway which are developed as single family detached dwellings. However, the driveways for sinqle family detached dwellings on the interior lots must be des~qned to enable vehicles to enter and exit the site in a forward manner. That provision will prevent construction of new multiple family residential units from taking access from Dixie Highway." Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 6 The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notices was provided to the following homeowners and civic organizations: · PROD (Progressive Residents of Delray) · Presidents Council. Public Notice: Formal public notice has been provided to the owners of all properties subject to SAD amendment as well as to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The construction of single family detached dwellings on the platted single family lots is appropriate and is consistent with the original intent of the subdivision. The provision of single family detached dwelling is also consistent with the type of residential development that has recently occurred in the Silver Terrace Redevelopment Area. Driveway connections to Dixie Highway will only be permitted on the interior lots and not the corner lots as they can be accessed from adjacent local streets. Also, the driveways must be designed so that a vehicle can enter and exit a property in a forward manner, which will alleviate the concern with vehicles backing into Dixie Highway. Therefore, the amendment to SAD Ordinance No. 39-96 and the Silver Terrace Redevelopment plan can be recommended for approval based on the findings outlined in this report. Ao Continue with direction. Recommend to the City Commission approval of the proposed amendments to the Silver Terrace Redevelopment Plan and SAD Ordinance No. 39-96 based upon positive findings with respect to the Goals, Objectives and Policies of the Comprehensive Plan and consistency with the Silver Terrace Redevelopment Plan to encourage primarily single family detached housing: Recommend to the City Commission denial of the proposed amendments to the Silver Terrace Redevelopment Plan and SAD Ordinance No. 39-96 based upon a failure to make positive findings with respect to consistency with the Silver Terrace Redevelopment Plan and Future Land Use Element Policy C-1. Planning & Zoning Staff Report Silver Terrace Redevelopment Plan & SAD Ordinance Amendments - Driveways on Dixie Hwy Page 7 By separate motion: Recommend to the City Commission the following amendment to the Silver Terrace Redevelopment plan relating to Residential Lots Fronting Dixie Highway, based upon positive findings with respect to the Goals, Objectives and Policies of the Comprehensive Plan and consistency with the Silver Terrace Redevelopment Plan. "RESIDENTIAL LOTS ALONG DIXIE HIGHWAY Several lots on which residential uses will be permitted under the provisions of the plan currently have frontage only on Dixie Highway. Residential lots fronting on Dixie Highway are not conducive to encouraging residential development and could potentially create traffic problems. In order to avoid those problems, the SAD ordinance will require residential developments to take access from local streets, except for the interior lots fronting along Dixie Highway which are developed as single family detached dwellings. However, the driveways for sinqle family detached dwellings on the interior lots must be desiqned to enable vehicles to enter and exit the site in a forward manner. That provision will prevent construction of new multiple family residential units from taking access from Dixie Highway." Bo Recommend to the City Commission approval of the following amendment to Section 3(5)(a) of SAD Ordinance No. 39-96 based upon positive findings LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan: Except for single family detached dwellings on Lots 2-4, Blocks 2 and 3, residential structures shall take access from the local streets in the subdivision. No new driveway connections to Dixie Highway are permitted. The driveways on Lots 2-4, Blocks 2 and 3, must be desiqned to enable vehicles to enter and exit the site in a forward manner. Attachment: Location Map S.W. 10TH STREET REIGLE AVENUE STERLING AVENUE SOUTHRIDGE ROAD ONE LIN TON BL VD. WILSON AVE. 'r CENTRAL AVE 10TH · --· DELRA Y · · PLACE ST ·I-~-ONDOS EXECU TI VE QUARTERS -- FLORANDA TRAILER PARK S.E. 12TH RD ~, HARBOUR SIDE DOMAINE DELRA Y THE PLAZA AT DELRA Y BANYAN TREE LINTONI WOODSI BANYAN ...... I TREE LANE OLD HAR3OUR PLAZA ~ VILLAGE HARBOURS EDGE L!NTON BOULEVARD NATIONS BANK LIN TON CENTER N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ,---, SILVER TERRACE REDEVELOPMENT AREA LOTS AFFECTED BY SAD MODIFICATION (LOTS 2-4, BLOCK 2 AND LOTS 2-4, BLOCK 3, SILVER TERRACE SUBDIVISION) ---- DIG/'r/41. ,~,45'E .,~f,4P .5'Y. SrE'M ---- MAP REF LM645 CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: ** · MEETING OF OCTOBER 15, 2002 PUBLIC HE'A~ING ** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 02-1 BACKGROUND Comprehensive Plan Amendment 02-1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on July 16, 2002. This meeting was also the first reading of the Adoption Ordinance (No. 16-02). DCA staff reviewed the amendment and declined to issue an Objections, Recommendations, and Comments (ORC) Report on September 5, 2002. One item, the modification of Table CI-CIP of the Capital Improvement Element, was not part of the Transmittal Amendment, and is being added at this time. The changes made to this table, reflect the newly adopted budget for FY 2002-03. This item was considered by the Planning & Zoning Board at their meeting of September 9, 2002, and by the City Commission at their meeting of September 17, 2002. In summary, the amendment now includes: three (3) City-initiated Future Land Use Map amendments; and six (6) City-initiated text changes. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered Amendment 02-1 at a public hearing on May 20, 2002, and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. As DCA declined to issue an ORC report regarding Amendment 02-1, it was not necessary for the amendment to be brought before the Planning & Zoning Board again, and is consequently proceeding directly to City Commission for adoption. RECOMMENDED ACTION ,I By motion, approve on second and final reading Comprehensive Plan Amendment 02-1 (Ordinance 16-02). Attachments: · Ordinance 16-02 · Comprehensive Plan Amendment 02-1 S:tLongRangetComp tAmend 02-1~02-1 CC-Adoption.doc ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-1 AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Dekay Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2002-1 "; and, WHEREAS, the Planning and Zomng Board, as Local Planning Agency, following due public notice, held a public hearing on May 20, 2002 in accordance w~th the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2002-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2002-1 was submitted to and reviewed by the C~ty Commission; and WHEREAS, following due public notice, the first of two required public heatings on Comprehensive Plan Amendment 2002-1 was held by the City Commission on July 16, 2002, at which ume it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2002-1 was found to be in compliance by the Florida Department of Community Affazrs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2002-1 was held on October 1, 2002, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document enttded "Comprehensive Plan Amendment 2002- 1 ", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Dekay Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2002-1". Section 4. That should any section or provision of tl~s ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be mvahd. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment m compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commissxon finding the amendment to be in compliance in accordance w~th Chapter 163.3184, F.S. 2 OD. NO. 16-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 16-02 CITY OF DELRAY BEACH, FLORIDA COMPREHENSIVE PLAN AMENDMENT 2002 1 Planning & Zoning Board Transmittal Public Hearing May 20, 2002 City Commission Transmittal Public Hearing July 16, 2002 AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 ~ TABLE OF CONTENTS ~ Pa_cie AMENDMENTS TO THE FUTURE LAND USE MAP City Owned Parcels Winterplace PUD (aka The Colony at Delray Beach) Gleason Street Parcels 2 2 3 3 4 4 TEXT CHANGES - (CITY INITIATED) FUTURE LAND USE ELEMENT Policy A-2.5 (Modifying Land Development Regulations regarding non-conforming uses) Policy A-5.1 (Review and Update of LDRs) Policy A-5.6 (Increased Densities in General Commercial - West Atlantic Overlay) Policy B-1.1 (Southwest Park Needs) Policy C-4.2 (CBD Development Plan) PUBLIC SCHOOLS FACILITIES ELEMENT Table A-1.1 Standards for Tiered Level of Service Table A-1.2 Maximum Utilization Table 4 CAPITAL IMPROVEMENT ELEMENT Table CI-CIP Five Year Capital Improvements Schedule For Projects >$25,000 AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA AMENDMENTS TO THE FUTURE LAND USE MAP City Owned Parcels City initiated Future Land Use Map amendment for City-owned parcels located in the northwest quarter of Section 12 (Range 42, Township 46), from County CHO/8 (Commercial High Office - 8 units/acre) and County MR5 (Medium Residential - 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre), for 54.5 acres; See Support Document #1 (City Owned Parcels Future Land Use Map Amendment staff report) Winterplace PUD City initiated Future Land Use Map amendment for the Winterplace Development (aka The Colony at Delray Beach) from County MR5 (Medium Residential, 5 units/acre) to City LD (Low Density Residential, 0-5 units/acre). The parcel is approximately 34.6 acres in size, and is located on the east side of Military Trail, south of the L-30 Canal; See Support Document #2 (Winterplace Future Land Use Map Amendment staff report) Gleason Street Parcels City initiated corrective Future Land Use Map amendment for the Gleason Street Parcels (Lots 4-8, Block 4, plat of Ocean Park), from MD (Medium Density, 5-12 du/acre) to CC (Commercial Core). The parcel is approximately 0.34 acres in size and is located on the east side of Gleason Street, approximately 100-feet south of Atlantic Avenue; See Support Document #3 (Gleason Street Parcels Future Land Use Map Amendment staff report) CITY INITIA TED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-25, Policy A-2.5 (Modifying Land Development Regulations regarding non-conforming uses) Policy A-2.5 The section of the Land Development Regulations that deals with nonconforming uses and structures shall be comprehensively evaluated in order to ensure that the restrictions on the continuation, expansion, and improvement of nonconforming structures and uses are clear and enforceable. This evaluation and the subsequent LDR changes shall be completed in FY 98/99-02/03. Change: REVISION Comment: The completion date for this policy is being modified to reflect FY 02/03. 2) Location: Pg. FL-26, Policy A-5.1 (Review and Update of LDRs) Policy A-5.1 Following review of this plan, the LDRs shall be reviewed and updated for consistency with Amendment 97-1. This will occur within one (1) year from the date of adoption of the EAR based amendment. Change: ELIMINATION Comment: This policy relates to updating the Land Development Regulations for consistency with Comprehensive Plan Amendment 97-1. This task was completed within the required time frame. 3) Location: Pg. FL-26, Policy A-5.6 (Increased Densities in General Commercial - West Atlantic Overlay) Policy A-5.6 The City shall amend the General Commercial (GC) zoning district to accommodate increased multiple family densities over 12 units per acre, but not to exceed a maximum of 30 units per acre as a Conditional Use in the West Atlantic Avenue Redevelopment Area Overlay. Change: ELIMINATION Comment: This policy is being eliminated as it was accomplished with the passage of Ordinace #54-01, on November 20, 2001. (2) 4) Location: Pg. FL-27, Policy B-1.1 (Southwest Park Needs) Policy B-1.1 In the area of Blood's Hammock Grove, provisions shall be made for a neighborhood park. (See Policy A-2.5 of the Open Space & Recreation Element, and Policy D-2.3 of the Public Facilities Element) Change: ELIMINATION Comment: This policy relates to the establishment of a neighborhood park in the southwest area of the City, which has been accomplished. 5) Location: Pg. FL-35, Policy C-4.2 (CBD Development Plan) Policy C-4.2 A special CBD plan shall be developed jointly by the CRA and the City. It shall address the maximum development which can be accommodated in a competitive market while still retaining the "village like, community by-the-sea" character of the CBD. It shall further identify the infrastructure requirements, including parking, which will be needed to accommodate such an intensity of development. Such a plan shall be formally processed as an amendment to the Comprehensive Plan. The plan shall be instituted under the lead of the Community Redevelopment Agency but conducted through close participation with the City's Planning & Zoning Department. Change: MODIFICATION Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Comment: This policy is being modified in order to reflect adoption, and create future policy direction. (3) PUBLIC SCHOOLS FACILITIES ELEMENT 6) Location: Pg. PS-31 Table A-1.1 Standards for Tiered Level of Service Pg. PS-34 Table A-1.2 Maximum Utilization Table See existing tables attached as Support Documents #4 and #5. Change: REVISION See proposed tables attached as Support Documents #6 and #7. Comment: The above listed tables are being modified to reflect the most current available data from the Palm Beach County School Board. CAPITAL IMPROVEMENT ELEMENT 7) Location: Pg. CI-28 Table CI-CIP Five Year Capital Improvements Schedule for Projects >$25,000 See existing table attached as Support Document #8. Change: REVISION See proposed table attached as Support Document #9. Comment: Table CI-ClP is being revised in order to reflect changes associated with the newly adopted budget for FY 2002-03. S:\LongRange\CompV~,mend 02-1\02-1amendment.doc (4) COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 ~ ~ SUPPORT DOCUMENTS INDEX ~ ~ INDEX # S.D. #1 ITEM City Owned Parcels FLUM Amendment Staff Report S.D. #2 Winter Place PUD FLUM Amendment Staff Report Gleason Street Parcels FLUM Amendment Staff Report S.D. #4 Existing Standards for Tiered Level of Service Table (Public Schools Facilities Element- Table A-1.1) S.D. #5 Existing Maximum Utilization Table (Public Schools Facilities Element- Table A-1.2) S.D. #6 Proposed Standards for Tiered Level of Service Table (Public Schools Facilities Element - Table A-1.1) S.D. #7 Proposed Maximum Utilization Table (Public Schools Facilities Element- Table A-1.2) S.D. #8 Existing Five Year Capital Improvements Schedule For Projects >$25, 000 (Captial Improvement Element, Table Cl-ClP) S.D. #9 Proposed Five Year Capital Improvements Schedule For Projects >$25,000 (Captial Improvement Element, Table CI-CIP) SUPPORT DOCUMENTS INDEX COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 City Owned Parcels FLUM Amendment Staff Report SD #1 CITY PLANNING AND ZONING BOARD OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 20, 2002 IV. I-1. City initiated Future Land Use Map Amendment From County CHO/8 (Commercial High Office- 8 Units/Acre), and MR5 (Medium Residential- 5 Units/Acre) to City GO (General Commercial) and LD (Low Density Residential, 0-5 Units/Acre) for Several Parcels Located South of the L-30 Canal, Between Ba,wvick R,~ad and Military Trail. GENERAL DATA: Owner/Applicant ............... Location .......................... Property Size .................. Existing F~UM ................ Proposed FLUM ............. Current Zoning ................ Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ City of Delray Beach Located South of the L-30 Canal Between Barwick Road and Military Trail. 54.5 Acres County CHO/8 (Commercial ,~Tgh Office - 8 Units/Acre) & MR5 (Medium Residential- 5 Units/Acre) City of Delray Beach GC (General Commercial) & LD (Low Density Residential, 0-5 Units/Acre) County AR (Agricultural Residential) & CG (General Commercial) County AR (Agricultural Residential) & RS (Single Family Residential) County AR (Agricultural Residential) & City of Delray Beach R-l-AA (Single Family Residential) City of Delray Beach RM (Multiple Family Residential) Counfy AR (Agricultural) & GC (General Commercial) & PUD (Planned Unit Development) Residential Vacant, & Agricultural/Commercial The item before the Board is that of making a recommendation on a Future Land Use Map amendment from County MR-5 (Medium Residential - 5 uqits/acre) and County CHO/8 (Commercial High Office - 8 units/acre) to City LD (Low Density Residential, 0-5 units/acre) and City GC (General Commercial), and assign initial zoning of PRO (Planned Residential Development) and PC (Planned Commercial), for eleven (11) parcels of land located in the northwest quarter of Section 12 (Range 42, Township 46). LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this petition. The ,subject parcels are generally located between Barwick Road and Military Trail, north of Lake Ida Road. The subject property contains 11 unplatted parcels of land totaling 54.5 acres. The .subject parcels are currently in unincorporated Palm Beach County within the City's Plghning Area, more-particularly described as a portion of Annexation Area "F_." (the North Military Trail Area), as per the Future Land Use Element of the Comprehensive Plan. All parcels were recently acquired by the City of Deiray Beach, and are being separately processed as voluntary annexations at this time. All parcels will maintain their current County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. Please see Reference Map "City Owned Parcels FLUIvl Amendment; for the next section. For identification purposes, each of the eleven parce!s has been given an arbitrary number. These numbers correspond to numbers assigned to each parcel at the onset of acquisition by the City. The numbering system is being maintained in order to provide continuity and ease of identification. Under direction of the City, Commission, staff is in the process of issuing a Request for Proposal (RFP) to Master Plan this area for future development. Although this amendment will assign FLUM designations and individual zoning districts to the subject area, the Master Ptan will describe a more comprehensive and detailed use of the tend. General direction was given for three over-all goals: Parcels 1 & lA (6.63 acres), should be designated for commercial development. Due to their proximity to Military Trail, these parce!s appear to be the most marketable for commercial development, and will help to off-set the land acquisition costs incurred by the CB'. Consideration shouid a!so be given to the dedication of Ptanning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Pa~e 2 right-of-way to provide access from Military Trail to the residential parcels to the east. 2. The balance of the subject area (47.87 acres) should be designated for single family residential development. Moderate-income housing should be emphasized. o Reserve approximately 10-15 acres of the residential component for a neighborhood park. Preliminary analysis by the Parks & Recreation Department identified several parcels which would suitable. Emphasis will placed on certain parcels which have heavy concentrations of existing trees. The existing land uses for each of eleven properties are as follows: Parcels 1, lA, 3, 4, and 5 are vacant; Parcels 2 and 11 have single family homes; Parcels 9, 10, 17, and 18 have agriculture/commercial uses. The proposal before the board is to apply City zoning and Future Land Use Map designations to all 11 parcels. Annexation of all 11 parcels is being concurrently processed. Existing County FLUM designations and zoning will be maintained, until 'Comprehensive Plan_Amendment 02-1 is adopted. The following table represents the existing County FLUM designations and zoning, and the proposed designation of City FLUM and zoning for each parcel: F_~ISTING PROPOSED County County City City Parcel ID Zoning FLUM Zoning FLUM 1 AR MR-5 PC GC lA CG CHO/8 PC GC 2 RTU MR-5 PRD LD 3 AR MR-5 PRD LD 4 AR MR-5 PRD LD 8 AR MR-5 PP, D LD 9 AR MR-5 PP, D LD 10 AR MR-5 PRD LD 11 AR MR-5 PRD LD 17 AR MR-5 PP, D LD 18 AR MR-5 PRD LD Planning and Zoning Board S'~ff Report City Owned Parcels FLUM & Rez~nings Page 3 ! ii,'' Current Land Use Desionafions: All parcels with exception of Parcel #lA have a County Future Land Map Designation of MR-5 (Medium Residential - 5 units/acre). · Parcel #lA has a county designation of CHO-8 (Commercial High Office - 8 units/acre). Requested Land Use Desicmation: Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 will each be assigned a City Future Land Use Map designation of LD (Low Density Residential, 0-5 r..,...lVe a units/acre). Parcels 1 & lA will ,~"' designation of GC (General Commercial). Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1 (Al (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The City is seeking initial zoning designation of PC (Planned Commercial) for Parcels 1 & lA. Both parcels are currently vacant, and the PC zone district is consistent with the GC (General Commercial) FLUM designation. Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 are to be assigned to the PRD (Planned Residential Development) zone district. All parcels are currently vacant or underdeveloped, meaning sparse single fatuity or agricultural/commercial uses. All commercial uses on these parcets will be phased out by the time this amendment is adopted, or will become non-conforming. The PRD zone district is consistent with the LD (Low Density Residential, 0-5 units/acre) FLUM designation. Consistency between the City and County Land Use Desiclnations: The existing County Future Land Use Map designation of MR-5 (Medium Residential- 5 units/acre) and the City's Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre) are consistent, in that both are designed for single family residential development at ~ maximum density of 5 units an acre. The City GC (General Commercial) FLUM designation and the County's CHO/8 are similar in that they both aliow a variety of commercial and office uses, as well as multi- family development. The main difference between the two is that the City's GC FLUM designation allows multi-famiiy development up to 12 units an acre, where as the Coumy designation only allows 8 units to the acre. Parcel I has a current County FLUM designation of MR-5 (Medium Residential- 5 units/acre), but is seeking assignment to the City GC (General Commercial) FLUM designation. While these two designations are not consistent with one another, due to this parcel's proximity to Mii~ao¢ Trail and adjacent commercial development to the west and north, the designation is appropriate. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rez~nings Pa.~e 4 REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: · Demonstrated Need -That there is a need for the r~quested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances; This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The application is being processed concurrently with an annexation application, which requires changing the FLUM designation from County to City. Ail parcels which are to be assigned to the___City's LD (Low Density Residential, 0-5 units/acre) designation, currently have a City "advisory designation" of the same. Thus, the need for this designation has been established previously, and this requirement is therefore, not applicable. The proposed GC (General Commercial) FLUM designation for Parcels 1 & lA, which allows a variety of commercial, Of TiCe, and multi-family residential uses, is more intense than its "advisory designations" of TRN (Transitional) and LD (Low Density Residential, 0-5 units/acre). However the subject properties are located immediately adjacent to commercial uses on the north and west sides. The subject property will have frontage on Military Trail, an arterial roadway, with a variety of intense commercial uses between Atlantic Avenue and the L-30 Canal. Proposed residential development to the east and existing residential development to the south can be properly protected and buffered from the future commercial development through the site p}an review process. · Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recentty adopted Comprehensive Plan. A review of the gcaJs, objectives and policies of the Comprehensive PJan was conducted and the foliowin~ applicable objective was identiT'ied. Future Land Use Element Obiective A-?: Property shall be developed or redeveioped in a manner so ~at the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations_, is complementary to adjacent uses, and fulfills remaining land use needs. Planning and Zoning Board $~aff Repo.'t City Owned Parceis FLUM & Rezonings Page 5 The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. All property included in the amendment is vacant or underdeveloped, and will be developed in such a way to complement adjacent uses. I~ Concurrency - Development 'at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Water: There are existing distribution lines associated with several developments in the area, i.e. Winte .rplace (northeast comer of Militaw Trail and the L-30 canal) Barwick Ranch, and Sabal Lakes. As the area is proposed for development, water main extensions will be required by this development. Pursuant 1~o the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build- out. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. With redevelopment of the subject properties, further sewer main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The proped. Jes have access from either Military Trail or Barwick Road. Additionally, two local roads, 133 Road South and Palm Ridge Boulevard, provide access from Barwick Road into the properties. Depending on the development pattern, additional local roads internal to future residential development are anticipated with redevelopment of the property. Military Trail and Barwick Road are under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. The development of the property under the curTent County MR-5 and CH-O designations and the proposed City LD and GC designations would be similar with the exception of an increase with the change of designation for parcel 1. With future development, site plan approval will be required along with a full analysis of the traffic impact. However, there is adequate capacity on Military Trail to ac~mmodate additional trips under either scenario. Parks and Open Space: The annexation of the property to accommodate future residential and commercial development will have some impact on park and recreational facilities. However, part of the future development of the area includes a pubiic park site. The provision of new neighborhood parks has been identified as a future need in the City's recently completed Parks and Recreation Master Plan. Solid Waste: The future development of this area will continue to have similar solid waste impacts. The soiid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change, as described later in this repo~. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 6 I> Compatibility- The requested designation will be compatible with the existing and future land uses of the surrounding area, The property is surrounded by the following Future Land Use Map Designations, Zoning Designations and Land Uses: Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently County MR-5 (Medium Residential - 5 units/acre), proposed for City LD (Low Density Residential, 0-5 units/acre) 47.87 acres]: North: The subject property is bordered on the north by Lake Worth Drainage District L- 30 Canal, which has a 140-foot wide right-of-way, and the Ridgewood Road right-of-way (100-feet). Beyond Ridgewood Road is the Cocoa Pine Estates subdivision and several unplatted homes, with some agricultural uses. The Cocoa Pine Estates subdivision has a County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of RS/SE (Singl~Family Residential, Special Exception). The unplatted parcels have a County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of AR (Agricultural Residential). East: The subject property is bordered on the east by Barwick Ranch Estates, an existing single family development with a Future Land Use Map designation of City LD (Low Density Residential, 0-5 units/acre) and an R-l-AA (Single Family Residential) 'zop..ing designation, and by the Gulf Club Estates subdivision and several unptatted single family parcels w--~th a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and Zoning of AR (Agricultural Residential). South: The subject property is bordered on the south by two (2) unincorporated County parcels, one of which has a agricultural/commercial use, and the other is vacant. Both parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). A portion of the subject area is also bordered on the south by the 90-foot wide Lake Worth Drainage District L-31 Canal right-of-way. Beyond the canal is the multi-family Country Manors subdivision, with a City FLUM designation of MD (Medium Density Residential, 5-12 units/acre), and zoning of RM (Multiple Family Residential). .Wesf: The subject property is bordered on the west by the Winterpface (now known as The Colony at Delray Beach) housing development, several unplatted single fatuity homes, and Parcel 1, which is to receive Commercial land use and zoning designations. The Winterplace Development has a zoning of PUD (Planned Unit Deveiopment), and the unptatted homes are AR (Agricultural/Residential). ,Both have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre). Parcels 1 & lA (currently County MR-5 and CHO-8, proposed for City GC (General Commercial): West': The subject property is bordered on the west by a variety of intense commercial uses, which front on MiiP, ary Trail. The uses include outdoor automotive storage, automotive & marine repair, and golf cart repair and sales. The adjacent parce!s have Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 7 County Land use designations of CHO-8 (Commercial High Office - 8 units/acre) and CHO-5 (Commercial High Office - 5 units/acre), and zoning of CG/SE (General Commercial - Special Exception). Parcel lA is bordered on the west by Military Trail. Beyond Military Trail there are two medical offices. North: The subject property is bordered by the sam~ two commercial properties which have the golf cart repair & sales, and automotive storage uses. South: The subject property is bordered on the south 'by the gO-foot wide Lake Worth Drainage District L-31 Canal right-of-way. Beyond the canal is the multi-family Country Manors subdivision, with a City FLUM designation of MD (Medium Density Re.sidentia[, 5-12 units/acre), and zoning of RM (Multiple Family Residential). East,: The subject property is bordered on the east by Parcel 2, which currently has one (1) single family home, and a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and zoning of RTU (Residential Transitional Urban District). The proposed FLUM designation for this parcel is LD (Low Density Residential, 0-5 units/acre), with accompanying PRD (Planned Residential Development) zoning. As described in the Future Land Use Element of the Comprehensive Plan, the Low Density residential land use designation is applied to land which is developed, or to be dev, gloped, for single family residential uses. The majority of the land involved in this application (47.87 acF'Es) is slated for, and has had an "advisory designation" of Low Density Residential. This use is compatible with all adjacent uses. The proposed FLUM designation of GC, however will allow for the development of commercial uses on parcels 1 & lA. As this property is currently vacant, and bordered by existing and proposed residential uses, mitigation of any adverse impacts of the commercial development, will be addressed via the site plan review process, through provision of site design and perimeter buffering. 1~ Compliance - Development under the requested designation will comply with the provisior~s and requirement of the Land Development Regulations. As all property involved in this request is vacant or underdeveloped, compliance with the Land Development Regulations for all post-annexation development be addressed through the City's development review process. REQUIRED FINDINGS: (Chapter 3) 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 of~'icial record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shale be made by the body, Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page B which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment" section of this reporL Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (Basis for Dete,rminin.cj Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoninq Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently zoned County AR (Agricultural Residential) and RTU (Residential Transitional Urban District), proposed for City PRD (Planned Residential Development), 47.87 Acres]: As the surrounding uses are primarily residential or vacant with a small amount of commercial, compatibility with the adjacent uses is not a concern. Parcels 1 & lA [Currently zoned CG/SE (General Commercial- Special Exception) and AR (Agricultural Residential), proposed for City PC (Planned Commercial), 6.63 Acres]: Parcels I & IA are bordered by commercial uses on two sides and residential on two sides. Compatibility is an issue with the ~-wo residential uses, but as both parcels are currently vacant, future commercial development would be subject to the City's development review process. Thus any potential adverse impacts can be propedy mitigated through the applicable requirements of the Land Development Regulations. Planning and Zoning Board Staff Report City Ovcned Parcels FLUM & Rezonings Pa_ue 9 Section 2.4,5(D)(5) (Rezonin~ Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error;, That there has been a change in circumstances which make the current zoning inappropriate; That the. requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more aDoroDriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach Count% however, it is within the City of Delray Beach Planning Area, as defined in the Comprehensive Plan. The City, being the current owner, is seeking annexation of this property into the City, which requires that~ appropriate City zoning designations be applied. The requested GC (General Commercial) zoning ~-~d PRO (Planned Residential Development) zoning is consistent with the GC (General Commercial) and LD (Low Density Residential 0-5 units/acre) designations, respectively. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Properties involved with this proposal are vacant or have sporadic single family structures. There are several commercial/agricultural uses located with the subject area, which will be phased out, and the single fatuity homes will be demolished in order to provide for a larger master planned community. All post-annexation development, both commercial and residential will be through the City's development review process, and in compiiance with all Land Development Regulations. The subject property is not in a geographical area requiring review by the CP, A (Community R_a~.v.Jopm..n, Agency), DDA (Downtow,~ Development Authority) or the HP.5 (Historic Preservation .soard). Palm ~each County Notice: On April 10, 2002 the Paim .5each County. Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 10 IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the lnterlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: Progressive Residen~ of Delray (PROD) President's Council · United Property Owners · Barwick Estates HCA · Sabal Lakes HCA · Chatelaine HCA · Country Manors HCA · Rainberry Woods HCA Public Notice: ,Formal public notice has been provided to all property owners within a 500 foot radius of thC'subject property.-T_etters of objection, if any, will be presented at the Planning and Zoning Board meeting. The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map designation is appropriate given that the advisory designations and long term plans for this area are Iow density single family residential. The PRD (Planned Residential Development) zone district is consistent with the LD FLUM designation. The GC (General Commercial) FLUM designation, although not the advisory designation for this area, is an appropriate use for the area, given its proximity to Military Trail and compatibility with adjacent commercial uses. The proposed PC (Pianned Commercial) zone distdct is consistent with the GC (General Commercial) FLUM designation, issues and concerns with adjacent residential uses and impacts of commercial development ca~ 5e properly mitieated through the City's development process. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 11 A. Continue with dire~on. Recommend approval of the Future Land Use Map amendments from County CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential- 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (Planned Residential Development), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives, and Poiicies of the Comprehensive Pian Recommend denial of the Future Land Use Map amendments from County CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential - 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (PlannedJ~esidential Development), with the basis stated. Recommend approval of the Future Land Use Map amendments from County CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential - 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (Planned Residential Development), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives, and Policies of the Comprehensive Plan Attachments: ,-'1 Location Map r-i Aerial Photo Map s:\D~anning & zonlng~boards\p&z baard'tci~vownedfium.doc N MAY 2OD2 .... CITY LIMITS ....... ~)- PARCEL ID Is,o) - ACREAGE CI t"FY OWNED PARCELS F.L.U.M. AMENDMENT AGR ------ EXISTING LAND USE .AR ------ COUNTY ZONING DESIGNATION MP,,-,~--.,--- COUN]Pr' FUTURE LAND USE MAP DESIGNATION AGR COM SFR VAO - AGRt,]'JLTURE A~, ,~,TL./ - RESID=-NTIALZONING - ~-.OMMEP.,OIAL ~'~.~ - COMMERCIAL ZONING - SINGLE =AMILY UP,5 - RESIDENTIAL LAND USE, 5 UNITS/ACRES - VADANT CHO/c] - COMMERCIAL HIGH OFFICE LAND USE OWNED PARC:~ ~ - ~ U.I¢,'.. kldENDMENT DC.-Z2-z,6-: 2-OC-OOC- 3040 06-42-46-i 2-DC-DOB- 3170 DC.-42-46-12-02-0 OD~ 3020 0.3-42-46-i 2-0£-000.-3210 0C.-42.-46-i 2-0C-000-3201 O C.-42-46-12-0 C-DOC,- 3025 SITE O ~r...-,42-46-i 2-06'-0 D~'~3'~23 00-42-.46-I 2-00-00[.-3021 00-42.-46-12-00-000-3026 00-42.-.46-i 2-06~.000-3180 COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT ft2 Winterplace FLUM Amendment Staff Report (aka The Colony at Delray Beach) SD #2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: May 20, 2002 IV. I -2. City Initiated Future Land Use Map Amendment From County MR5 (Medium Residential - 5 units/acre) to City LD (Low Density Residential, 0-5 units/acre) for the Winterplace Subdivision (aka The Colony at Delray Beach), Located at the Southeast Corner of the L-30 Canal and Military Trail. Owner/Applicant ............... Colony of Palm Beach Location .......................... Located at the Southeast Corner of the L-30 Canal and Military Trail. Property Size .................. 34.6 Acres Existing FLUM ................ County MR5 (Medium Residential- 5 units/acre) Proposed FLUM ............. City of Delray Beach LD (Low I~h~r~L L-50 LAKE IDA ROAD Density Residential - 0-5 units/acre) Current Zoning ................ County PUD (Planned Unit Development) Adjacent Zoning ..... North: County AR (Agricultural Residential) & RTU (Residential Transitional Urban) East: AR (Agricultural Residential) South: AR (Agricultural Residential) & RS (Single Family Residential) West: PO (Public Ownership District) & AR (Agricultural Residential) Existing Land Use ............ Residential Proposed Land Use ......... Same as existing Water Service .................. Existing on site Sewer Service .................. Existing on site IV.l-2. The item before the Board is that of making a recommendation on a Future Land Use Map amendment from County MR-5 (Medium Residential - 5 units/acre) to City LD (Low Density Residential, 0-5 units/acre), and assign zoning of PRD (Planned Residential Development) for the Winterplace Subdivision. LDR Sections 2.4.5 (Al and (D) provide rules and procedures for the processing of this petition. The subject parcel is located on the east side of Military Trail, approximately % mile north of Lake Ida Road, just south of the LWDD L-30 Canal. The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of 2001. The site, now known as The Cotony at Delray Beach, contains 151 zero lot line single family homes, situated on 34.6 acres land. The development is currently in unincorporated Palm Beach County within the City's Planning Area, more particularly described-es a portion of Annexation Area "E" (the North Military Trail Area), as per the Future Land Use Element of the Comprehensive Plan. Annexation of this development is being processed concurrently as voluntary annexations, pursuant to a water service agreement dated March 8, 2000. The water service agreement contains a clause that states the property owner agrees to annex into the City, when the project becomes eligible for annexation, tn conjunction with the annexation of this development, the City is aiso processing an annexation of 54.5 acres immediately to the east of this development. Once those properties are annexed, this parcel will be contiguous and eligible for annexation. The development will maintain its current County Zoning of PUD (Planned Unit Development) and Future Land Use Map Designation of MR-5 (Medium Density - 5 units/acre); until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. The subject property, although not currently located within the City limits, has several previous City land use actions associated it, which are summarized below: February 4, 1994: City Commission approved a water service agreement for the subject property. The agreement was to allow the establishment of a wholesale nursery operation (Southern Omamen;al Plan[s). September 5, 1995: City Commission approved a Future Land Use Map amendment for the property from the City's advisory Future Land Use Map designation of RR (Rural Residential) to City LD (Low Density Residential, 0-5 units/acre). This created consistency with the County's designation of the property of MR-5 (Medium Density Residential - 5 units per acre). Planning and Zoning Board Staff Report Winter-place FLUM & Rezoning Page 2 January 27, 1997: Planning and Zoning Board approved a conceptual master plan for 173 single family units and recommended approval to the City Commission of the associated water service agreement. February 4, 1997: City Commission approved the water service agreement for the proposed development October 11, 1999: Planning and Zoning Board approved-a master development plan for 151 single family units. November 2, 1999: City Commission approved the current water service agreement for the proposed 151 single family subdivision. There have been several master plan modifications to the project subsequent to these approvals, none of which were considered a material change to the project. Currently the subject area is platted as a 151 unit single family subdivision. Approximately 6 units have bs~n constructed and sold, and several additional units are under construction. The proposal before the board is to apply a City zoning designation of PRD (Planned Residential Development) and Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre) to the 151 unit subdivision. Annexation of the subject area is being concurrently processed. The existing County FLUM designation of MR-5 (Medium Residential- 5 unit/acre) and zoning of PUD (Ptanned Unit Development) will be maintained, until Comprehensive Plan Amendment 02-1 is adopted. Current Land Use Desionations: Currently the entire subject area has a County Future Land Map Designation of MR-5 (Medium Residential- 5 units/acre). Reauested Land Use Desianation: The intent of this application is to adopt the City's "Advisory" Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre). Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 3 The subject area consists of 151 single family homes, and is seeking a PRD (Planned Residential Development) zoning designation. Planned single family communities are a permitted use within the PRD zone district. Further, this development received master plan approval from the City on October 11, 1999. As part of the master plan approval, the proposed development was reviewed under the PRD criteria, and it was identified that upon annexation this development would be assigned to the PRD zone district. The PRD zone district is consistent with the LD (Low Density Residential, 0-5 unit/acre) FLUM designation. Consistency between the City and County Land Use Desiqnations: The property currently has .a County Future Land-Use Map designation of MR-5 (Medium Residential - 5 dulac) and a County zoning designation of PUD (Planned Unit Development). The current City "Advisory" designation for this property is LD (Low Density Residential, 0-5 units/acre), which is consistent with the County MR-5 FLUM designation. In addition the City zoning designation of PRO (Planned Residential Development) which is consistent with the County zoning designation of PUD (Planned Unit Development). Based upon the above, a positive finding with respect to consistency with the Future Land Use Map can be made. REQUIRED FINDINGS: Future Land Use Eie'-ment Policy A-1.7: Amendments to the Future Land Use Niap must be based upon the following findings: I~ Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The application is being processed concurrently with an annexation application, which requires changing the FLUM designation from Count), to Cit3,. The subject area, which is to be assigned to the Cib,'s LD (Low Density Residentia!, 0-5 unKs/acre) designation, currently has a City "Advisory Designation" of the same. Thus, requirement is not applicable. Consistency - The requested designation is consistent with the goa!s, ob.iectives, and policies of the most recently adopted Comprehensive Ptan. Planning and Zoning Board Staff Repod Winterplace FLUM & Rezoning Page 4 A review of the goals, objectives and policies of the Comprehensive Plan was conducted and the following applicable objective was identified. Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in · terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property has been disturbed and does not have any unique environmental characteristics that would prohibit -development of the site or require mitigation measures. Streets have been installed and individual lots are being developed. The use and intensity of the development were determined to be appropriate with the master development plan approval. k Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Findings of Concurrency for the 151 unit single family subdivision were made at the time of the master plan approval, approved in 1999. There will be no changes to the development. However, the following summary is provided. W~er: Water service is currently provided from a connection to 12" water main on the east side of Military r'[7~l and along the property's south property line, which connects to the existing mains within Military Trail and Barwick Road, as per the approved development plan. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: A traffic study was been provided to the Palm Beach County Traffic Division during the master development plan process. This study indicated that the proposed 151-unit single family development will generate 1,510 new vehicle trips onto the surrounding roadway network. With the widening of Lake ida Road, there is sufT~cient capacity available to accommodate the impact of the development. Parks and Recreation Facilities: The single family residences will not have a significant impact with respect, to level of service standards for parks and recreation facilities. Upon annexation, each unit constructed will be required to pay the City's recreation impact fee of $500. Solid Waste: Trash generated each year by this development (when fully developed), will be approximately 1.99 tons per single family residence per year (151 units) for a total of 300.49 tons/year. This increase can be accommodated by existing facilities and thus, will not be significant with respect to this level of service standard. Planning and Zoning Board Staff Report W~nterplace FLUM & Rezoning Page 5 · Compatibility -The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded by the following Future Land Use Map Designations, Zoning Designations and Land Uses: North: The subject property is bordered on the north by Lake Worth Drainage District L- 30 Canal, has a 140-foot wide fight-of-way, and the Ridgewood Road right-of-way.(100- feet). Beyond Ridgewood Road there are several unplatted homes, with some agricultural uses. The unplatted parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential) and RTU (Residential Transitional Urban). EesL' The subject property is bordered on the east by two (2) unincorporated County parcels, which currently contain commercial agricultural uses. These parcels are part of a separate annexation and FLUM designation change, currently in process. Both parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). These parcels are seeking City FLUM designations of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD (Planned Residential Development). "South: The subject ?_.roperty is bordered on the south by four (4) unincorporated County parcels, which currently contain variety of uses, which include: agricultural/commercial, single family, and vacant The parcel which contains the agricultural/commercial use (western most, adjacent to Military Trail), is are zoned AR (Agricultural Residential) and has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre). The next parcel east, contains a single family home, and has County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and zoning of RTU (Residential Transitional Urban). The Next parcel east is vacant, and has the same County FLUM designation and zoning as the previous. The eastem most parcel is also vacant. This parcel is owned by the City and par~ of a separate annexation and FLUM designation change. Currently the parcel has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). This parcel is seeking a City FLUM designation of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD (Planned Residential Development). West: The subject property is bordered on the west by Military Trail right-of-way. Beyond Military Trail is the Delray Garden Estates single family subdivision, and a parcel which contains offices and related maintenance facilities for the Lake Worth Drainage District and the Farm Bureau of Palm Beach County. The single family subdivision has a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and Zoning of AR (Agricultural Residential). The office parcel has a County FLUIvl designation of INST (intuitional) and Zoning of PO (Public Ownership District). As described in the Future Land Use Element of the Comprehensive Plan, the Low Density Residential FLUM designation is applied to land which is developed, or to be Planning and Zoning Board Staff Report Wznterplace FLUM & Rezoning Page 6 developed, for single family residential uses. The entire subject area consists of single family uses, which is compatible with all adjacent uses. k Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations was addressed with the Master Plan approval, which was approved by the Planning & Zoni.ng Board at their meeting of October 11, 1999. Given this fact, a positive finding with respect to compliance with the City's Land Development Regulations can be made. REQUIRED FINDINGS: (Chapter 3) 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, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These finc~ings relate to the~oltowing four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 .(Basis for Determininq Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 fStandards for Rezoning Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing tand uses which are deemed compatible with adjacent and nearby land uses both e×isting and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Planning and Zoning Board Staff Report W,nterplace FLUM & Rezoning Page 7 As the property is platted for a 151 single family units, and has received approval previously from the City, as well as the County, in the form of a master plan, compatibility with all adjacent uses is not a concern. Perimeter landscape buffers are provided to mitigate any potential impacts with adjacent properties. · Section 2.4.5{D)(5) (Rezoninq Findinqs): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. ..Items "b" and "c" are the basis for which the rezoning should be granted. The property is ~ the unincorporated area of Palm Beach County, however, it is within the City of Deiray Beach Planning Area, as defined in the Comprehensive Plan. The subject property is being voluntarily annexed into the City, pursuant to the water service agreement, which requires that appropriate City zoning designations be applied. The requested PRD (Planned Residential Development) zone distdct is consistent with the proposed LD (Low Density Residential, 0-5 units/acre) designation. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: As stated previously in this report, compliance with the Land Development Regulations was addressed with the Master Plan approval, which was approved by the Planning & Zoning Board at their meeting of October 11, 1999. Given this fact, a positive finding with respect to compliance with the City's Land development Regulations can be made. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation ~Board). Palm Beach County Notice: On April 10, 2002, the Palm Beach County Planning Division was not~ried of the City's intent to annex this property. To date, a response has not been received. Planning and Zoning Board Staff Report Winterplace FLUM & Rez~ning Page 8 IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residents of Delray (PROD) · President's Council · United Property Owners · Barwick Estates HOA · Sabal Lakes HOA · Chatalaine HOA · Country Manors HOA · Rainberry Woods HOA Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the~ubject property.. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting.-- The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map designation it is consistent w'~h the advisory designation currently applied, and consistent with analysis preformed as part of the master plan approval for this development. Further, the zoning of PRD (Planned Residential Development) is consistent with the proposed LD (Low Density Residential, 0-5 units/acre) FLUM designation, and the approved development. Planning and Zoning Board Staff Report Winterptace FLUM & Rezoning Page 9 A. Continue with direction. Recommend approval of the Future Land Use Map amendment from County.MR- 5 (Medium Residential- 5 units/acre) to-LD (Low Density Residential, 0-5 units/acre) and initial zoning designation of PRD (Planned Residential Development) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and consistency with the goals, objectives and policies of the Comprehensive Plan, subject to the following condition: Recommend denial of the Future Land Use Map amendment from County MR-5 (Medium Residential - 5 units/acre) to LD (Low Density Residential, 0-5 units/acre) and initial zoning designation of PRD (Planned Residential Development) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections-3-.1.1, 3.2.2, and 2.4.5(D)(5), with the basis stated. Recommend approval of the Future Land Use Map amendment from County IvlR-5 (Medium Residential - 5 units/acre) to LD (Low Density Residential, 0-5 units/acre) and initial zoning designation of PRD (Planned Residential Development) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and consistency with the goals, objectives and policies of the Comprehensive Plan, subject to the following condition: A'C, achments: · Location Map CJ.,A,~,ICA~ BDUrCVAF~) - CANAL .... MA, 2002 AGR ~ ~XISTING ~ND US~ AR ~ ~OUN~ ZONING D~SIGNATION ~~ COUN~ FUTURE LAND USE Ci~ LIMITS AGR - OOM - SFR - s,NG~ VAC - vA~ AR, R 7-U - RESID--NTIALZONING CG - COMMER~IALZONING lvlR5 CHO/8 - RESIDENTIAL LAND USE, 5 UNUS/A~-,RES - COMM-=RCIAL HIGH OFFICE LAND USE COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 SUPPORT DOCUMENT #3 Gleason Street Parcels FLUM Amendment Staff Report SD #3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: May 20, 2002 IV. I-3o City Initiated Future Land Use Map Amendment From MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) for a Property Located on the East Side of Gleason Street, Approximately 94 Feet South of East Atlantic Avenue. Applicant/Agent ............... City of Delray Beach Owner ............................. William R. Swindle, TR. Location .......................... Located on the East Side of Property Size .................. Existing FLUM ................ Proposed FLUM ............. Current Zoning ................ Adjacent Zoning ..... North: East: South: West: Gleason Street, Approximately 94 Feet South of East Atlantic Avenue. 0.27 Acres MD (Medium Density Residential 5-12 du/ac) CC (Commercial Core) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) CF (Community Facilities) CF (Community Facilities) RM (Multiple Family Residential) & CBD (Central Business District) Offices Same as existing Existing on site Existing on site Existing Land Use ............ Proposed Land Use ......... · ~ Water Serv~c ................... Sewer Service .................. , . CO-OP E. AS'[ HIND BEACH CLUE5 BERKSHIRE = I BY THE SEA ATLANTIC AVENUE I II IV. i-3. The action before the Board is making a recommendation to the City Commission on a City initiated corrective Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) for a portion of the Frances Brewster property (1100 E. Atlantic Avenue). The subject property is located on the east side of Gleason Street, approximately 94' south of East Atlantic Avenue and contains 0.27 acres. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. The subject property consists of Lots 4-8, Block 4, Ocean Park Subdivision, and is part of a mixed-use development (Lots 1-8) consisting of retail shops, offices and apartments. The original structure was built in 1954 as a mixed-use development with retail on the first floor and apartments on the second floor. There have been numerous modifications over the years. The site currently contains an 8,300 sq.ff, building with approximately 5,800 sq.ft, of retail on the first floor, 2 apartments and 2 offices on the second floor, and 22 on-site parking spaces. Prior to 1989, the property's Future Land Use Map designation was C (Commercial) and the zoning designation was LC (Limited Commercial). With the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM designation for Lots 4-8 was changed to MD (Medium Density Residential 5-12 du/ac) and the designation for Lots 1-3 (adjacent to Atlantic Avenue) was changed to CC (Commercial Core). Subsequently, the entire property was rezoned from LC to CBD (Central Business District) with the adoption of the Land Development Regulations and Citywide rezoning in October 1990. Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The property's current MD (Medium Density Residential 5-12 du/ac) Future Land Use Map designation is inconsistent with its current CBD (Central Business District) zoning designation, and does not permit the existing mixed-use development. This portion of the site is part of an overall commercial development and as such should have a similar commercial designation. The Future Land Use Map amendment is being sought to eliminate an existing inconsistency with the CBD zoning and commercial use of the site. P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 2 REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That there is a need for the requested land use, The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The current FLUM designation of MD on the property (south 166.7') is inappropriate as the Medium Density Residential designation is inconsistent with the commercial use on the property as well as the property's commercial zoning of CBD. This corrective amendment will apply a Future Land Use Map designation of Commercial Core on the entire property reflecting the commercial use of the property which has continued since the 1950's. Thus, the amendment will eliminate an inconsistency and correct a mapping error. Consistency -The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment to CC is corrective in nature and eliminates the confusion of having dual Future Land Use Map designations on one mixed-use site. Comprehensive Plan Policies: A review of the applicable Comprehensive Plan Policies was conducted and the following applicable policy was identified. Coastal Manaqement Element Policy C-3.2 - There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. It is noted, the proposed FLUM amendment will change the potential intensity of the land use, as the Commercial Core designation allows commercial uses. However, the current MD FLUM designation was established in error and there are currently no changes proposed to the site with this FLUM amendment that would increase the intensity of the uses on the property. With regards to residential density, within the CBD zoning district residential density is limited to 12 units per acre on properties east of the Intracoastal Waterway. Thus, there will be no increase in residential density potential. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 3 The proposed FLUM amendment is corrective in nature and no new development or redevelopment is proposed with the request. Thus, the request will have no impact with respect to Concurrency. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of Commercial Core is consistent with existing uses on the property as well as the land use designation of the adjacent commercial properties. The designation is compatible with the adjacent land uses. The property is surrounded.by a mix of commercial, multi-family residential and church uses. It is noted that the multi- family development to the west currently has an underlying land use designation of Commercial Core and is currently in the process of being rezoned from RM to CBD. Since no development changes are proposed and the current uses have existed on the site since the 1950's, no compatibility concerns are noted with the surrounding uses. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property is developed and no additional improvements are proposed with this request. The development proposal is not located within the geographical area requiring review by the Historic Preservation Board. Community Redevelopment A_clenc¥ The CRA reviewed and recommended approval of the request at its meeting of May 1, 2002, and recommended approval. Downtown Development Authority The DDA reviewed and recommended approval of the request at its meeting of May 15, 2002, and recommended approval. Courtesy Notices: A special courtesy notice was provided to the PROD (Progressive Residents of Delray), the President's Council and the following homeowners associations: · Beach Property Homeowners Association · Via Marina P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Two letters opposing the proposed FLUM amendment have been received from residents of the Venetian Village Condominium. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is inappropriate for the property as it is zoned CBD (Central Business District) and contains an existing commercial development, which has existed for many years. The uses will not be affected by the proposed change. The FLUM amendment will correct a mapping error and result in FLUM and zoning consistency for the property. No new development or redevelopment is proposed with this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further, the FLUM amendment is consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Continue with direction. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and LDR Section 3.1.1, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC, based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and LDR Section 3.1.1, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Attachments: Location map, Future Land Use Map & Zoning Map P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Two letters opposing the proposed FLUM amendment have been received from residents of the Venetian Village Condominium. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is inappropriate for the property as it is zoned CBD (Central Business District) and contains an existing commercial development, which has existed for many years. The uses will not be affected by the proposed change. The FLUM amendment will correct a mapping error and result in FLUM and zoning consistency for the property. No new development or redevelopment is proposed with this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further, the FLUM amendment is consistent with the goals, objectives, and policies of the City's Comprehensive Plan. A. Continue with direction. Bo Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and LDR Section 3.1.1, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Co Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC, based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and LDR Section 3.1.1, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Attachments: Letters of Opposition, Location Map, Future Land Use Map & Zoning Map %%'~_.LIAM M. HAYTER ! 4 EMIM_A FLACE 5.ATONq'OWN, N.J. 07724 -OR 75 VS~"EIIA.N DR_ DELF,_AY BEACH. FLA. 334E3 CITY OF' DELRAY ] O0 N W. ] DELR_AY BEACH, rm._,.& 33"--4: A ~ _,-i_ L PL.a_A.~P4G & ZON~G TO *v%~-lOM ~ MAY i A_ND iI~Y ?:I_,_,LOW R_E5~_---~..'TS AP.~. \'~v~]N?LY OPPOSSED lO ~SE C~i~E5, S~N~ T~ l~3C~R N 'eC~CH ~Y .~d PROPOSED. BP~S, %~ PAY O~ l.~S .~ SHOUn-D HA~ A ~O~ TO BE AGO ~ T~ ~~TA_~qG ~l t WAS ~ A ~S~~ Al. THOUGH O~ Of ~GH D~S~', D~ TO ~ FACT ~AT BECAUSE I LOX~ ~ TOA~ .~ ~ LOCATION B~ DON'T COI~-~CL~ BUn .~GS _~ P~_~G O~AGES ~ O-~ BACK Y~. ! ~ION ~ ONlY BECAUSE ~ ~3~ TP~.T ~S IS O~_Y A .~ USE Ci%~E. BD71 i%~P~' ~ ~OW TqAT A ~IGH C~OE IS ON ~ P~N~G BOs~ L~ ~ NOT TOO DIST.~k~ Cons SUCH CHANC-ES. CERTAINLY NOT TH~ RESIDENq'S, R~HO, BY T~tE ~AY. ~nLAVE/UST Bu~-N ASSESSED A 33°/~ !,~X INCKEASE, ~%Y DUE TO THE CITY TAX ~--~iAT HAS R/SEN DRA$~CALLY UNDER THE ~V~ ADMHN~$I~t%I]ON. PLEASE CONSIDER DARRYL BUSH M'Y REPR~Sm~N. q'AT]VE TO SPEAK IN M]z BE~&L~. ]vlR. BUSH IS A ~VELL KNO~rN LOCAL RE.~L ESTATE PEKSOK THAT CAN CO~ ON 117PLAT TH]ESE CI-L~.~OES %A~iLL ,DO TO OUR PROPERTY Venetian Village Condominium Assoc.,/nc 75 Venetian Drive Delray Beach, Florida 33483 May 14, 2002 Mr. Paul Doflin~ Dir~-"~r Planning and Zoning ] O0 N.W. ] ~ Delr~y Beazh, ?"lofida 534113 RE: rfl.s _00=-_O0, 2t4, and 234 D=ar ]~-. Dor'fin~ *%n~an Vili~e Condomimum Assogiarion/s hig2tly opposed to an3' ckamge in -~e zonin_~_ ciassifizarion ~ of the mrracov.~ad bridge on Atlantic Avenue. We L..IF~ that ~e zoning ciassifiz~io~ ;mukiple ~a_miiy resifigntial - medium densi9,"' is fli ,ush--mSve of oar ~a~M bgadn neighborhoot We m-e srrongt_~ y a~_~amst an3, e .spe~vJal}y to, "C~-al B,,~iness D/s-aScf'. We resid, on a bm-vier island not in a business disrri~ Please pla~: our o..r~sition on the public re.roi you foryour ~onsidmarion_ 5mg~y, Joseph A. Regan 75 Venetian Drive 4B Delray Beach, Flor/da 33483 May 14, 2002 Mr. Paul Dorlin~ Die. tar Planning and Zoning ] 00 N.W. 1 = Avmu¢ Dslray Bsa~h, Flor/da 334-~. ~ RE: 2002~00, 2]4, and 234 Mr. Dorlmg We are/n rs=i~ ofierters fi-om your offir, e regarding prop~ssd changss in zonm~ or furmre land map ,us~ for thr~ prope.~ss YeD' clos~ zo om- resid~nc,. ]~v ~afs an;, .... x fs~ ~--n-on~y a~i~ an), changss fi-om ms, urn d~nsiD' r~'~'~ a~n '~ '~.a,~ u,-/.'iizarion. We a~-e v~?.' happy i/~Sng on om- idyllic bmn-i~r island as/t ex/ms at pres~m. A~iantic Avenu~ mst offu~ inuaco~ ~x~mr~y should n~vsr b, changed ~o be ?ri of Dehmy B~ach's, "een~ business dis-~/~'. Our qualin.' ofi/J~ in th/s/w.~efial nsighborhood as it now ex/s,.s is exactly whm we dr, amed aborn sin= our first xdsh m D~tmy Be.a~h in late 1972. Ple~se note tha~ ! d/d not say I)elray Central gnsiness District B~ach. This i ~cleal and the poma] thre~ m our pro/~, ~u~s d~--t..~riomting dmds thai we stand very. stron~y _against arty change in th, cm-r~-mt zoning regulahons. - Pl~.se ~'~nt.~r our firm obj~.'~ions %oainm Files # 2002~00, 2002-214 and 2002-~-4 on tbs record_ Thank you for your am.~rrfion zo rbSs mau~. *SEb~ ~¥:~GD&~ REALTOR~INC.; 56~ 27B B6BB; ~1Y-14-02 ~2:41PE; ~l~ ~/~ MIRAMJkR GARD~ A?TS. ]NC 6D-80 VENETIAN DRIVE DELRAY BEACI-L FLORIDA 334g3 May 14, 2002 City of D¢Iray Beazh PlmminE and Zoning D~m-~mem Re: plmaned zoning chang=s bom O]=~son ~o Venetian Th: residents of Miramar Gard.-m Apts., inc. vigorously objezt to this zoning chang& ! refer to th~ Treasure Coe. a't Kcgional Ptmming Council publication page 47 designating thi~ area for a parking garage. Ih: impa~-t of this fo~ mo~ cx~mmemi~ strozmre would be devamafing xb th= cifiz--~ns who live in this area. T'a: tra~c on V~a¢fian wo~ld bc hordfi¢. Think Linton Blvd. The b=a~ry ofDclray beazh ~ in ~: o~ ~¢ b~,,~ ~ ~, ~¢ ~ ~ sezem, and · ¢ ~1 of a ~ to~ ~ ~ w~ ~ ~u~t ~ ~¢ ~~ we ~joy...l~t ~ not ~ o~ b~ ~W ~ ~i~fly fo~ ~ ~~ Sin~2'~ly, Betty Digganu Vice Presi~-nt REn: %/ED 1070 Evergreen Court Box 372 Eden Vall~, MN 55329 May 16, 2002 Dear Paul Doffing: In 1962 my father watched MiraMar being built. He ~ my mother were the first couple to buy a unit in the complex. Both of my folks have passed away and now my husband and I spend.th~ winter mora]~ in Delray Be~K W~ enjoy the time in tJae me.., m it is residential, Oh, there is tl~ little shopping area, but no abundance of cars. Yes, it is a lovely area to live. Hopefully in future years we can live there year around. Now we hear you want to ruin our quiet area by putting up a 4 story-parking ramp. We want you to know we are ver~ much o~lmsed to this ide~. It will ruin our quiet residential living area. The majority of us are senior citizens and we enjoy the peace and quiet area that we have chosen to live in, You have passed up plenty of opportunities to build your parking ramp in commercial areas. Why are you trying to ruin our ama? Again- we are ve~ much ourm~l, to it. Please reconsider your faire-brained idea. Sin~rely, Marvin & Jane Anderson 60 Venetian Drive Apt. 100N RECE!¥ED ~9:~3 AM ~AIL ~O~E$ ETC.PLAISTOW 60~ 582 1818 M~y 16, 200:~ I Delray Beach,City Hall 100 N.W. I",kvenue Delmy Beach FL 3344a ATTN: Mr. r ~orling Plato inK& Zoning Departm~t Sir: Please r. onsid~ ~r this ietler as the strongest possible vote Jn opposition to the proposed rezoning of Lot ?, Slock C, ]ohm B. Reid's Village, to CBD. it is our understanding the own=r(s) plan'to ere~ a large parking gm'age on thc pmpertT. Otto small, cong_es~_ed area had old c.ln,so forced dow~ our throm, causing tra~c delays, noise, a~idents in front ofour ~mpL-x due to the narrowness of Venetian ia that ar~a. Now in this two block are~i (V~nefian Drivt & Olcason S~e0 plans for an unnecessary garage, rmusing more traffic r~ngesfio:, nclise and fe~d~r benders. A garage not to be used by the local owners or guests- all complexes have their owri parking facilities. P.02 Thee ls no nee' Swtnton, both d~oni test~l~rants, lot ~ve ~d d on the Island, especially thai area, for nny fulure construction. However, on East Atlantic t~er~.~ .a ~reaI deal of housing complex ~onstruction: as well as on Federal Highway, in · lfindL-eg a garage is need~i- it would most c~rtainly be in that area, wh;r~ the mtOortty of lnges and year round a~vity takes pla~e. Thc new parking meters on the Island seem to be :ely in thc short time they have been in usc, I think thc full time r~sidcnts in the Venetian ~on Street aha have absorbed all thc additional (seasonal) traffic, with all it's attendant problems, we houid be expired m endure. Su~iy common ~ense. comb~ wi~ ~e fa~, mu~ prevail ~ ~ m~. ~Is it not ~ f~ ~e ~cl~gs ~d wishes of loyal ~y Bc~h ~sid~ ~le It b ~~~ ~~ a p~g ~ is most ~nly n~ ne~ ~cre ~ ~c s~ll W~ ~mHi~t b~sm~ ~y ~ig pm~ on a ~ell p~ing avalla~l~ ~n ex~ ~sld~u ~ ~ve liv~ ~e for yc~, hnv~ ~ li~es ~p~e]y ~pted, ~[ pro.hies d~u~, ~ir ~ ~y of life ~en a~y- s~c~ ia ~n~ v~ ~ng ~ o~ Io~ gov~t ml~. Pl~ ~ let ~is ~p~ ~n. P~e ~nsid~ yo~ rasid~n, not ~e ~mi~ d~ll~ or ;Io~ of~e ~]e ~k~g ~c ~ue~ ~is time· Th~ you.' Respe;tfully,! Peglia~ 60 V~ian D~iv: DeL, ay Beach, ~ Harriett Paglia 60 Venetian Drive Dclray Beach, FL RECE!VED MAY 1 7 2002 t"LANl'llv u & Zoi4ii4G VETERANS PARK STREET ATLAN lC DORCHESTER CO- OP STREET GROSVENOR Y MARRIOTT AVENUE WA TERWA Y EAST COMMERCIAL CONDO 0 BAR HARBOUR CONDO SEA GA TE TO WER$ MIRAMAR INGRAHAM STREET DOVER HOUSE CONDO OCEAN PLACE CONDO ROW JARDIN DEL MAR / CONDO OCEAN 1"ERR CITY OF DEI.RAY BEACH, FL PLANNING &: ZONING DEPAR'1MENT CITY INITIATED CORRECTIVE MAP AMENDMENT -- OIGITAL ~45E ~ $~S~EW -- gROVE CONDO FIRE STA. NO. 2 CC SPANISH RIVER RESORT ATLANTIC AVENUE DELRA Y BEACH MA RRIO TT CC MIRAMAR STREET DOVER HOUSE CONDO OCEAN PLACE CONDO CITY OF DELRAY BE:ACH, FL PLANNING ,~' ZO~IING DEPARt"lENT FLUM ORO VE CONDO STA. NO. 2 SPANISH RI VER RESORT ATLANTIC II AVENUE DELRA Y BEACH MARRIOTT MIRAMAR ,/ STREET lZ DOVER HOUSE CONDO OCEAN PLA CE CONDO N CITY OF DEI.RAY BEACH, FL PLANNING: & ZONING: DEPARTMENT ZONING COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 SUPPORT DOCUMENT #4 Existing Standards for Tiered Level of Service Table (Public Schools Facilities Element- Table A-1. l) SD #4 Table A-1.1 Standards for Tiered Level of Service 1 Elementary 120 110 Middle 130 125 1110 I High 110 2 Elementary 110 Middle 130 130 110 High !115 115 115 II10 3 Elementary 110 Middle 130 130 110 High 115 115 115 1110 I 4 Elementary 115 110 Middle 130 130 110 High 115 115 115 1110 I 5 Elementary 110 Middle 130 130 115 110 High 135 135 130 130 1110 I 6 Elementary 110 Middle 130 130 120 110 High 120 120 120 110 8 Elementary 110 Middle 130 130 125 115 110 High 125 125 1120 115 110 9 Elementary 110 Middle 125 125 125 115 I 110 I High 120 120 120 110 10 Elementary 135 120 110 Middle 125 125 125 125 I 110 I High 120 120 ~120 110 Table A-1.1 (Continued) 11 Elementary 135 135 110 Middle 125 125 125 110 High 125 125 125 110 12 Elementary 140 130 120 115 110 Middle 135 135 135 115 110 H~gh 135 135 135 120 110 14 Elementary 125 125 115 110 M;ddle 135 135 135 115 110 High 135 130 130 115 110 15 Elementary 135 135 115 115 110 Middle 125 125 125 110 High 135 135 :135 110 16 Elementary 130 115 110 Middle 120 120 120 115 110 H~gh 135 135 135 120 110 17 Elementary 130 125 110 Middle 135 130 130 110 H;gh 145 120 120 110 18 Elementary 120 115 115 115 110 Middle 120 120 120 120 110 High 145 120 120 115 110 19 Elementary 110 Middle 110 20 Elementary 110 Middle 125 110 High 165 130 113o 1130 1110 Table A-1.1 (Continued) CSA Facility Type 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 21 Elementary 115 110 Middle 125 125 125 110 High 125 125 125 115 II10 I 22 Elementary 110 Middle 110 High 110 !23 Elementary 110 Middle 110 High 110 County Alternative 110 wide Schools Source: Based on data depicted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and FY 2001 Capital Budget, June 20(}0, and the actual count of students in the second semester of the 2000-01 school year. CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #5 Existing Maximum Utilization Table (Public Schools Facilities Element- Table A-l.2) SD #5 Table A-1.2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facility Type ~ 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 1 Elementary 165 125 125 120 120 120 Middle 130 125 120 120 120 120 High 120 120 120 120 120 120 2 Elementary 120 120 120 120 120 120 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 3 Elementary 120 120 120 120 120 120 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 4 Elementary 155 150 120 120 120 120 Middle 135 135 120 120 120 120 High 135 135 130 130 120 120 5 Elementary 155 150 120 120 120 120 Middle 140 135 120 120 120 120 High 135 135 130 130 120 120 Elementary 155 145 120 120 120 120 6 Middle 135 135 120 120 120 120 High 120 120 120 120 120 120 8 Elementary 160 160 160 145 120 120 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 9 Elementary 120 120 120 120 120 120 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 10 Elementary 205 165 120 120 120 120 Middle 135 '135 135 135 120 120 High 120 120 120 120 120 120 Table A-1.2 (Continued) CSA Facility Type 2000-0'1 200'1-02 2002-03 2003-04 2004-05 2005-06 11 Elementary 245 245 120 120 120 120 Middle 125 125 120 120 120 120 High 125 125 120 120 120 120 '12 Elementary 150 150 125 120 '120 120 M~ddle 145 145 145 125 120 120 High 135 135 135 120 120 120 14 Elementary 140 135 135 130 120 120 Middle 145 145 145 125 120 120 High 165 120 120 120 120 120 15 Elementary 180 180 165 ,140 120 120 Middle 130 130 125 120 120 120 High 135 135 135 120 120 120 16 Elementary 200 120 120 120 120 120 Middle 140 125 125 125 120 120 High 135 135 135 120 120 120 17 Elementary 205 205 125 125 120 120 , Middle 175 175 175 120 120 120 High 145 120 120 120 120 120 '18 Elementary 130 120 120 120 120 120 Middle 130 130 130 130 120 120 High 160 120 120 120 120 120 '19 Elementary 120 120 120 120 120 120 Middle 120 120 120 120 120 120 High 170 135 135 135 120 120 20 Elementary 140 140 140 135 120 120 Middle 130 120 120 !120 120 120 High 170 145 145 130 120 120 Table A-1.2 (Continued) CSA Facility Type 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 21 Elementary 165 145 120 120 120 120 Middle 155 155 155 120 120 120 High 145 145 145 120 120 20 22 Elementary 120 120 120 120 120 120 Middle 120 120 120 120 120 120 High 120 120 120 120 120 120 23 Elementary 300 120 120 120 120 120 Middle 120 120 120 120 120 120 High 120 120 120 120 120 120 County Alternative 120 120 120 120 120 120 Wide Schools Source: Based on data depicted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and FY 2001 Capital Budget, June 2000. COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 SUPPORT DOCUMENT #6 Proposed Standards for Tiered Level of Service Table (Pubfic Schools Facilities Element- Table A-1.1) SD #6 Proposed Table A-1.1 Standards for Tiered Level of Service CSA Facility Type 2002-03 )2003-04 12004-05 12005-06 1 Elementary 110 Middle 110 High 110 2 Elementary 110 Middle 110 High 125 1110 I 3 Elementary 110 Middle 110 High 125 1120 j11o 4 Elementary 110 Middle 110 H,gh 125 112o 1110 5 Elementary 110 Middle 110 High 130 j130 1110 6 Elementary 110 M~ddle 125 120 110 High 125 120 110 8 Elementary 110 Middle 125 125 110 High 120 120 110 9 Elementary 125 125 110 Middle 125 115 110 High 120 130 110 10 Elementary 110 Middle 125 125 J 110 I High 120 110 Proposed Table A-1.1 (Continued) CSA Facility Type 2002-03 2003-04 12004-05 12005-06 11 Elementary 110 Middle 125 I 110 i High 110 12 Elementary 110 Middle 135 120 110 High 140 120 110 14 Elementary 115 110 Middle 140 140 110 High 115 115 110 15 Elementary 110 M~ddle 135 135 110 High 120 120 110 16 Elementary 130 130 110 Middle 122 125 110 High 150 150 110 17 Elementary 110 Middle 110 High 115 110 '18 Elementary 125 125 110 Middle 140 140 110 High 140 120 110 19 Elementary 110 Middle 110 High 110 20 Elementary 110 Middle 110 High 130 1130 111o Proposed Table A-1.1 (Continued) CSA Facility Type 2002-03 12003-04 2004-05 12005-06 21 Elementary 110 Middle 110 High 110 22 Elementary 110 Middle 110 'High 110 1120 1110 23 Elementary 110 Middle 110 High 110 COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 SUPPORT DOCUMENT #7 Proposed Maximum Utilization Table (Public Schools Facilities Element- Table A-1.2) SD #7 Proposed Table A-1.2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facility Type 2002-03 2003.04 2004-05 12005'06 1 Elementary 130 130 110 Middle 120 High 120 2 Elementary 120 Middle 120 High 125 1120 I 3 Elementary 120 Middle 120 High 125 125 120 4 Elementary 125 125 120 Middle ,120 High 130 120 110 5 Elementary 125 125 120 Middle 120 High !130 130 120 Elementary 125 125 120 6 Middle 135 130 120 High 125 125 120 8 Elementary 120 Middle 135 1135 1120 High 120 9 Elementary 130 130 120 Middle 135 130 120 High 130 130 120 10 Elementary 130 130 120 Middle 140 140 120 High 120 Proposed Table A-1.2 (Continued) 1t Elementary 120 Middle 120 High 120 12 Elementary 130 130 120 Middle 145 130 120 High 145 120 14 Elementary 135 135 120 Middle 145 145 120 High 120 15 Elementary 145 145 120 Middle 140 140 120 High 135 120 120 16 Elementary 175 175 120 Middle 150 150 120 High !150 150 120 17 Elementary 155 150 '120 Middle 130 130 120 High 135 135 120 18 Elementary !135 135 120 Middle 140 140 120 High 145 125 120 19 Elementary 130 125 120 Middle 120 High 145 1130j120 20 Elementary 120 Middle 120 High 145 1130 1120 Table A-1.2 (Continued) CSA Facility Type 2002-03 2003-04 2004-05 12005-06 21 Elementary 135 135 120 Middle 135 135 120 High 145 145 120 22 Elementary 120 Middle 120 High 120 23 Elementary 120 Middle 120 High 120 COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #8 Existing Table CI-CIP ( Capital Improvement Element) SD #8 CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~25,000 PROJECT & FUND FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 RECREATION IMPACT FEE Delray Swim & Tennis Club-Building 0 30,000 370,000 0 0 Delray Swim & Tennis Club-lmprov 0 0 0 25,000 0 Roller Blade/Skateboard Park 380,000 0 0 0 0 TOTALS: $380,000 $30,000 $370,000 $25,000 $0 COMMUNITY DEVELOPMENT Infrastructure Design & Der 210,000 0 0 0 0 Land Acquisition 25,000 0 0 0 0 Bikepaths/Sidewalks/Walkways 70,000 0 0 01 0 Contingency 25,000 0 0 0, 0 TOTALS: $330,000 $0 $0 $01 $0 BEAUTIFICATION TRUST Swinton Ave Phase II 210,000 0 0 0 0 Linton Blvd (Congress & Military Trial) 0 350,000 0 0~ 0 Lake Ida Road 0 215,000 200,000 0 0 Military Trail 0 0 35,000 375,0001 0 Street Furniture-Atlantic Ave 30,000 0 0 0 0 TOTALS: $240,000 $565~000 $235,000 $375,0001 $0 BEACH RESTORATION FUND Environmental 200,000 52,000 0 0 0 Surveys 42,000 35,000 36,500 37,500 39,000 Engineering 54,500 0 0 0 0 Fill Placement 5,500,000 0i 0 0 0 Repayment Construction Interest 140,000 108,000 0 0 0 Sea Turtles Monitoring 13,450 13,4501 13,450 14,800 16,300 Dune Revegetation 50,000 0 0 0 0 TOTALS: $5,999,950 $208,450 $49,950 $52,300 $55,300 GENERAL CAPITAL IMPROVEMENTS Streets, Alleyways, Parking Lots, Bridges and Sidewalks Street Reconstruction 100,000 150,000 250,000 250,000 250,000 Sidewalks/Swales 25,000 25,000 70,000 70,000 75,000 Traffic Calming 104,000 104,000 104,000 104,000 104,000 Downtown Parking Lots 0 0 0 100,000 0 TEA21 Sidewalks 231,000 0 0 0 0 Building Construction/Rehabilitation Public Works-Storage Bldg 132,000 0 0 0 0 Vehicle Maint Fac;hty Expansion 0 175,000 0 0 0 Cemetery Maintenance Building 0 0 0 140,000 0 Parks & Recreation Facilities Maintenance Tennis Center-Other Improvements 80,000' 45,000 65,000; 30,000 85,000 Miller Park Storage Building 0 0 0 175,000 0 Miller Park-RepI Fence/Park Lot Expansion 0 0 0 90,000 120,000 (1) CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ,~251000 PROJECT & FUND FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Parks-Parking Lots 0 30,000 75,000 35,000 0 Intracoastal Park-Boat Ramp/Picnic Area 0 330,000 0 0 0 Currie Commons Park- Lighting 100,000 0 0 0 0 Pompey Park-Renovation/Bleachers 35,500 0 55,000 0 0 Parks-Replace Playground Equip. 60,000 60,000 30,000 0 0 Cemetery Expansion 0 140,000 0 0 0 Lake Ida Park 0 0 0 125,000 200,000 Atlantic Dunes Park 0 0 15,000 90,000 0 Catherine Strong Center 0 30,000 300,000 200,000 100,000 Oakmont Park 0 0 0 0 80,000 Building and Equipment Renewal & Replacement Building Maintenance 185,000 150,000 150,000 150,000 150,000 Christmas Tree-Replace Tree Branches 0 43,000 43,000 43,000 43,000 Bridge-Repair & Maintenance 50,000 50,000 0 50,000 0 HR Remodeling 0 0 0 70,000 0 R&R-Computer Equ ~pment 100,000 150,000 150,000 150,000 150,000 Software License/Upgrade 150,000 90,000 150,000 90,000 150,000 Document Storage/Imaging 89,000 0 79,700 0 0 Computerized Irrigation System 0 25,000 25,000 25,000 25,000 Fire-SCBA Upgrade 36,700 36,700 36,700 0 0 Fire-Other Improvements 50,000 61,000 96,000 0 0 Interactive Voice Response System 38,900 0 0 0 0 Website Design 58,000 0 0 0 0 Backbone Infrastructure 206,280 0 0 0 0 Network Management 25,700 125,575 0 0 0 Help Desk 43,680 0 0 0 0 Police-Replace Laptop Computers 0 0 150,000 150,000 150,000 Traffic Preemption Equipment 0 0 119,500 0 0 Police Hurricane Shutters 0 0 0 0 400,000 Other Miscellaneous Lifeguard Towers 70,000 0 140,000 70,000 0 Lake Ida Rd to 195-FenceNVall 100,000 0 0 0 0 City Marina-Riverwalk Seawall 0 276,000 0 0 0 Mobile Data Terminals 29,000 0 0 0 0 Breathing Air Compressor (Fire Dept) 36,000 0 0 0 0 Neighborhood Enhancement 250,000 250,000 250,000 250,000 250,000 TOTALS: $2~385,760 $2,346~275 $2,353,900 $2~457,000 $2,332~000 CITY MARINA FUND Riverwalk 0 200,000 0 0 0 Project Reserve 68,570 0 0 0 0 TOTALS: $68,570 $200,000 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY McNab Av 85,000 0 0 0 0 W Atlantic Ave Phase III 0 186,000 0 0 0 (2) CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 200t-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Del Aire/SW 22nd Circle 0 350,000 0 0 0 TOTALS: $85~000 $536~000 $0 $0 $0 WATER/SEWER CONNECTION FEES Hospital Agreement 45,000 45,000 45,000 45,000 0 16" ICWW Crossing 300,000 0 0 0 0 SCRWTDB Reuse System Expansion 500,000 1,000,000 1,000,000 0 0 TOTALS: $845,000 $1,045,000 $1,045,000 $45,000 $0 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Professional Services 100,000 0 0 0 0 Other Repair & Maintenance 25,500 15,000 15,000 15,000 15,000 Water Line Upcjrades 250,000 250,000 250,000 250,000 250,000 Sewer Main Rehabilitation 898,900 850,000 750,000 750,000 750,000 Other Improvements 13,000 42,000 0 0 0 Raw Water Well Rehab. 10,000 10,000 10,000 10,000 10,000 Computer Equipment 42,100 12,000 0 0 0 Other Machinery & Equipment 297,000 190,000 150,000 150,000 40,000 Linton Bird WM Relocate 150,000 0 0 0 0 Watermain-SW Area 3/NW 13th & 14th Ave 360,000 0 0 0 0 Watermain-NW 10th & NW 9th Ave 177,000 0 0 0 0 Watermain-Southridge-SW 4th Av to S Swinton 104,000 0 0 0 0 Watermain-Rye Ln/Lake Terr/Enfleld Rd 120,000 0 0 0 0 Anion Exchange Water Treatment Addition 250,000 4,200,000 0 0 0 Watermain-Osceola Park 0 607,500 0 0: 0 Watermain-NE Area 0 371,000 0 0 0 Watermain-Beverly/Aylesbury Rd 0 60,000 0 0 0 Watermain-Lake Ida Area 0 0 365,000 0i 0 Watermain-SW 3rd St/SW 3rd Av/SW 6th Av 0 0 825,000 0 0 Watermain-SW 11th & 12th Av 0 0 138,000 0 0 Watermain-Prospect/NW 11th Av/NW 2nd Av 0 0 311,000 0 0 Watermain-SW 12th & SW 3rd Av 0 0 216,000 0 0 Watermain-Seagate/Seasage 0 0 0 293,000 0 Watermain- North Lake Ida Area 0 0 0 276,000 0 Watermain- South Lake Ida Area 0 0 0 259,000 0 Watermain-SW 10th Av & SW 11th Av 0 0 0 351,000 0 Watermain-NE 1st Ay/NE 3rd Av 0 0 0 130,000 0 Watermain-Dou~llas Rd/Zedar Rd 0 0 0 25,000 0 Watermain-US 1 South 0 0 0 414,000 0 Watermain-US 1 North 0 0 0 0 370,500 Watermain/Sanitary-Brooks/RhodesNille/White 0 0 0 0 214,000 WTP Control Room Modernizabon 50,000 0 0 0 0 Lift Station 50 Booster Conversion 0 518,000 0 0 0 TOTALS: $2,847,500 $7,125,500 $3,030,000 $2,923,000 $'1,649,500 (3) CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $257000 PROJECT& FUND FY 2001-02 FY 2002-03 FY2003-04 FY2004-05 FY 2005-06 MUNICIPAL GOLF COURSE Other Improvements 10,000 0 0 0 0 New Greens 0 0 0 500,000 0 Irrigation System Improvement 0 0 0 250,000 0 Other Machinery & Equipment 65,000 75,000. 82,500 90,000 97,500 ProJect Reserve 144,340 0 0 0 0 TOTALS: $219,340 $75,000 $82,500 $840,000 $97,500 LAKEVlEW GOLF COURSE Other Mach. & Equipment 25,000 25,000 25,000 25,000 25,000 TOTALS: $25,000 $25~000 $25,000 $25,000 $25~000 STORMWATER UTILITY Swale Reconstruction 0 0 53,000 53,000 53,000 Tropic Isles CB R&R 60,000 125,000 125,000 125,000 0 NE 4th St-Seawall Park 25,000 0 0 0 0 Osceola Park 0 100,000 0 0 0 NE 4th St-NE 5th to 6th Av 0 22,000 80,000 0 0 Lake Ida Area 0 0 115,000 0 0 NE 4th Av- E Atlantic Av to NE 2nd St 0 0 276,000 0 0 Dotteral Road 0 0 259,000 0 0 Douglas Rd/Zedar Rd 0 0 0 345,000 0 NW 6t Street 0 0 0' 0 86,000 Thomas St Pump Stabon Modificabons 0 0 0 0 58,000 Debt Service 1,021,430' 795,240 53,420 53,520 53,550 TOTALS: $1,106~430 $1,042~240 $961,420 $576~520 $250~550 CENTRAL GARAGE FUND Vehicle Replacement 1,113,000 1,157,000 1,203,000 1,250,000 1,300,000 Vehicle Restoration 70,000 70,000 70,000 70,000 70,000 Fire-ALS Rescue Replace 137,800 152,000 159,600 167,600 176,000 Fire-Aerial Apparatus Repl 725,000 0 0 0 0 Fire-Equipment Pumper 0 347,000 0 382,500 0 Fire-Special Operation Truck 0 0 325,000 0 0 Fire-Ladder Truck Refurbish 0 0 235,000 0 0 TOTALS: $2,045,800 $1,726,000 $1,992,600 $1,870,100 $1,546,000 (4) COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #9 Proposed Table CI-ClP (Capital Improvement Element) SD #9 PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 RECREATION IMPACT FEE Delra¥ Swim & Tennis Club-Building 250,000 0 800,000 0 0 Roller Blade/Skateboard Park 95,000 0 0 0 0 TOTALS: $345,000 $0 $800,000 $0 $0 COMMUNITY DEVELOPMENT Infrastructure Design & Dev 136,000 0 0 0 0 Land Acquisition 30,000 0 0 0 0 Bikepaths/Sidewalks/Walkways 40,000 0 0 0 0 TOTALS: $206,000 $0 $0 $0 $0 BEAUTIFICATION TRUST Other Mach. & Equipment 32,480 0 0 0 0 Maintenance/Irrigation Truck 21,141 0 0 0 0 Swinton Ave Phase II 250,000 0 0 0 0 Linton Blvd (Congress & Military Trail) 7,500 292,500 0 0 0 Lake Ida Road 393,102 0 0 0 0 Lake Ida Fence/Wall 100,000 0 0 0 0 Pineapple Grove FPL Poles 188,313 0 0 0 0 Project Reserve 143,900 0 0 0 0 TOTALS: $1,136,436 $292,500 $0 $0 $0 BEACH RESTORATION FUND Surveys 37,440 38,935 40,492 42,112 43,797 Engineering 0 0 0 0 278,500 Fill Placement 0 0 0 0 0 Repayment Construction Interest 80,000 0 0 0 0 Sea Turtles Monitoring 27,310 27,305 14,800 16,300 16,300 Dune Revegetation 50,000 50,000 0 0 0 Beach Tilling 55,310 56,969 58,678 0 0 Post Construction Environ I 52,000 0 0 Update Geotech 0 0 0 0 150,000 TOTALS: $302,060 $173,209 $113,970 $58,412 $488,597 GENERAL CAPITAL IMPROVEMENTS Streets, Alleyways, Parking Lots, Bridges and Sidewalks Street Reconstrucbon 100,000 112,500 125,000 150,000 150,000 Sidewalks/Swales 0 0 50,000 50,000 50,000 Traffic Calming 0 92,300 105,000 105,000 105,000 Downtown Parking Lots 0 0 0 110,000 0 Roundabouts-Atlantic-Swinton Avenue 0 90,000 525,000 0, 0 SE 7th Ave-Atlantic to SE 1st St 89,300 0 0 0 0 Dotterel Road-Audubon Blvd to N End 0 0 0 0 350,000 Royal Palm Drive 0 0 25,000 75,000 0 Transit Stops 50,000 0_ . _ 0 ~p~. 0 (1) PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $257000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 Building Construction/Rehabilitation Vehicle Maint Facility Expansion 0 265,000 0 0 0 Cemetery Maintenance Building 90,000 0 0 115,000 0 Old School Square-Misc. Bldg 200,000 21,500 350,000' 0 0 Spady Museum 200,000 0 0 0 0 South County Library Parking Garage 534,000 0 0 0 0 Beautification NW-SW 5th Av-NW 2nd St to SW 2nd St 0 221,000 1,300,000 0 0 W Atlantic Av- Ph III 0 0 2,013,000 0 0 W Atlantic Av - Ph IV 0 0 0 1,725,000 0 Parks & Recreation Facilities Maintenance Tennis Center-Other Improvements 25,000 25,000 75,000 75,000 75,000 Miller Park Storage Building 0 0 0 175,000 0 Miller Park-RepI Fence/Park Lot Expansion 0 0 0 210,000 0 Parks-Parking Lots 0 0 0 110,000 0 Pompey Park-Renovation/Bleachers 0 55,000 0 0 0 Parks-Replace Playground Equip. 0 30,000 0 0 0 Cemetery Expansion 160,000 0 0 0 0 Merritt Park 0 0 25,000 0 0 Plumosa Park 186,750 0 0 0 0 Office Expansion/Park Maintenance 0 0 0 50,000 0 Parking Meters-Multi-Space Metering 0 0 225,000 0 0 Building and Equipment Renewal & Replacement Building Maintenance 125,000 150,000 150,000 150,000 150,000 Bridge-Repair & Maintenance 0 50,000 0 50,000 50,000 HR Remodeling 0 70,000 0 0 0 R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000 Software License/Upgrade 150,000 150,000 200,000 200,000 200,000 Computerized Irngation System 0 0 25,000 50,000 0 Fire-SCBA Upgrade 36,700 36,700 0 0 0 Fire-Other Improvements 60,000 142,000 0 0 0 Fire-Traffic Preemption Equipment 0 0 0 0 119,500 Police Hurricane Shutters 50,000 50,000 0 0 0 Fire - Additional Parking 0 120,000 0 0 0 Fire Headquarters Entrance Upgrade 0 55,000 0 0 0 Fire - Defibrillators/Monitors 200,000 0 0 0 0 Fire - Laptop Computers w/Pnnters 0 0 72,500 0 136,400 Police - AS400 Upgrades & Disk Storage 0 0 100,000 100,000 0 Type II Cabling Upgrade 0 0 200,000 200,000 0 Citrix Metaframe 0 272,500 0 0 0 Servers 87,000 25,000 0 0 0 Other Miscellaneous Lifeguard Towers 70,000! 70,000 70,000 0 0 City Marina-Riverwalk Seawall 322,000 i 0 0 0 0 Neighborhood Enhancement 200,000 200,000 200,000 200,000 250,000 Fire-Substations W~reless Network 0 42,500 0 0 0 TOTALS: $3,085,750 $2,496,000 $5,985,500 $4,050,000 $1,785,900 (2) PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~;25~000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 CITY MARINA FUND Riverwalk 230,000 0 0 0 0 TOTALS: $230,000 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY McNab Avenue 56,000 375,000 0 0 0 W Atlantic Ave Phase III 0 0 120,000 0 0 Other Mach. & Equipment 238,200 0 0 0 0 Greenbrier Drive 0 0 98,000 0 0 West Atlantic Phase IV 0 0 0 120,000 0 TOTALS: $294,200 $375,000 $218,000 $~20,000 $0 WATER/SEWER CONNECTION FEES Hospital Agreement 45,000 45,000 45,000 0 0 SCRWTDB Reclaimed Water System 150,000 500,000 500,000 500,000 100,000 SCRWTDB Aeration Basin 0 500,000 1,750,000 0 0 TOTALS: $~95,000 $~,045,000 $2,295,000 $500,000 $~00,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Repair & Maintenance 195,000 60,000 60,000 60,000 60,000 Water Line Upgrades 275,000 275,000 275,000 519,000 1,590,000 Sewer Main Rehabilitation 600,000 650,000 650,000 650,000 650,000 Other Machinery & Equipment 85,000 60,000 0 0 0 Anion Exchange Water Treatment Addition 5,150,000 0 0 0 0 Watermain-Osceola Park 0 626,000 0 0 0 Watermain-Lake Ida Area 0 212,000 0 245,000 0~ Watermain-SW 3rd St/SW 3rd Av/SW 6th Av 0 595,000 0 0 0 Watermain-SW 11th & 12th Av 0 147,000 0 0 0 Watermain- North Lake Ida Area 0 0 0 255,000 0 Watermain-SW 10th Av & SW 11th Av 0 0 593,000 i 0 0 Lift Station Rehabilitabon 100,000 100,000 100,000 100,000 100,000 Manhole Rehab~htabon 50,000 50,000 50,000 ! 50,000 50,000 Watermain-Palm Tra~l Neighborhood 347,000 0 0 225,000 0 Watermain- NW 10th Av/NW 11th Av 226,000 0 0 0 0 Watermain-Delray Shores Neighborhood 0 0 692,000 0 0 Watermain-US 1-SE 10th St to George Bush BI( 0 0 0 0 546,000 Relocate-SR A1A-E Atlantic Av to Pelican Ln 0 0 344,000 125,000 0 Relocate-SR A1A-L~nton Blvd to E Atlantic Ay 0 0 0 773,000 0 16" ICWW Crossing Rehab 20,000 100,000 0 0 0 Lift Station 6 Upgrade FM Re-roubng 550,000 0 0 0 0 South County Courthouse Expansion 109,000 0 0 0 0 ASR Pump Reconfiguration 145,000 0 0 0 0 Lift Station Conversion to Submersible 0 125,000 125,000 0 0 Lift Station 50 Evaluation & Analysis 25,000 0 0 0 0 Lift Station 80 Conversion 150,000 0 0 0 0 ........... TOTALS: $8,027,00.. 0 $3,000,00~~0~.~$~2,8~89,00_~ 0 $3,002,00~00 $2,996,00. 0 (3) PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT& FUND FY2002-03 FY2003-04 FY2004-05 FY2005-06 FY2006-07 MUNICIPAL GOLF COURSE New Greens 550,000 0 0 0 0 Irrigation System Improvement 350,000 0 0 0 0 Other Machinery & Equipment 60,000 65,000 70,000 75,000 75,000 TOTALS: $a,927,000 $3,000,000 $2,889,000 $3,002,000 $2,g96,000 LAKEVIEW GOLF COURSE Other Mach. & Equipment 25,000 25,000 27,500 27,500 30,000 TOTALS: $25,000 $25,000 $27,500 $27,500 $30,000 STORMWATER UTILITY Swale Reconstruction 0 0 0 150,000 150,000 Tropic Isles CB R&R 142,470 5,000 125,000 0 0 NE 4th St-Seawall 40,000 0 0 0 0 Osceola Park 0 125,000 0 0 0 NE 4th St-NE 5th to 6th Av 0 138,000 0 0 0 Lake Ida Area 0 90,000 0 0 0 NE 4th Av- E Atlantic Av to NE 2nd St 0 374,000 0 0 0 Dotteral Road 0 54,000 0 0 0 NW 6t Street 0 0 98,000 0 0 Thomas St Pump Station Modifications 0 0 65,000 0 0 General Stormwater Repairs 35,000 50,000 75,000 75,000 75,000 Royal Palm Blvd 0 25,000 0 0 0 SE 7th Av 50,000 0 0 0 0 SW 7th St-SW 17th Av to Auburn Ay 0 173,000 0 0 0 NW 7th St-NW 1st Av to N Swinton Av 0 0 86,000 0 0 Old Dixie Hwy-S of SE 10th St 40,000 0 0 0 0 Debt Service 795,240 53,420 53,520 53,550 53,510 TOTALS: $1,'102,710 $'1,087,420 $502,520 $278,550 $278,5'10 CENTRAL GARAGE FUND Vehicle Replacement 760,000 640,000 850,000; 950,000 1,100,000 Vehicle Restoration 25,000 30,000 30,000 ' 30,000 30,000 Fire-ALS Rescue Replace 167,200 175,560 184,340 193,500 203,200 Fire-Special Operation Truck 0 0 325,000 0 0 Fire-Ladder Truck Refurbish 0 235,000 0 0 0 Fire-Equipment Replace 0 347,000 0 382,500 0i TOTALS: $952,200 $"1,427,560 $1,389,340 $1,556,000 $'1,333,2001 (4) MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # I ~)~) _ REGULAR MEETING OF OCTOBER 15, 2002 ORDINANCE NO. 49-02 (REZONING ELEVEN PARCELS) OCTOBER 11, 2002 This ordinance is before Commission for second reading and a qumijudidal hearing for rezoning from County AR (Agricultural Residential), CG (General Commercial), and RTU (Residential Transitional Urban) to City PRD (Planned Residential Development) and PC (Planned Commercial) for eleven (11) parcels of land containing approximately 54.5 acres located north of Lake Ida Road between Batwick Road and Military Trail. The subject property contains 11 unplatted parcels of land totaling 54.5 acres owned by the City of Delray Beach. Ordinance No. 49-02 applies a City zoning of PC (Planned Commercial) to 6.63 acres of the subject area and City zoning of PRD (Planned Residential Development) to the remaining 47.87 acres. The Planning and Zoning Board held a public hearing in conjunction with the request. Several residents adjacent to the property expressed concerns with the RFP process for the eventual development of the parcels. After discussing this proposal, the Board voted 5-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (performance Standards) of the Land Development Regulations (LDR), policies of the Comprehensive Plan, and LDR Section 2.4.5 (D)(5). At the first reading on October 1, 2002, the City Commission passed the Ordinance No. 49-02 unanimously. Recommend approval of Ordinance No. 49-02 on second and final reading. S'\City Clerk\chevelle folder\agenda memos\Ord 52.02.10.15,02 Rezomng CITY CoMMiSSION DoCUMeNTATioN THRU: PAUL DORLING, DIRECTOR OF PLA~~D~NING SUBJECT: MEETING OF OCTOBER 1, 2002 *FIRST REA~* REZONING FROM COUN~ AR (AGRICULTURAL RESIDENTIAL), CG (GENERAL COMMERCIAL), AND RTU (RESIDENTIAL TRANSITIONAL URBAN) TO CI~ PRD (PLANNED RESIDENTIAL DEVELOPMENT) AND PC (PLANNED COMMERCIAL) FOR ELEVEN (11) PARCELS OF LAND CONTAINING APPROXIMATELY 54.5 ACRES LOCATED NORTH OF LAKE IDA ROAD BE~EEN BARWICK ROAD AND MILITARY TRAIL. The subject property contains 11 unplatted parcels of land totaling 54.5 acts, and are owned entirely by the City of Delray Beach. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Depadment of Communi~ Affairs for review, and approved on first reading the volunta~ annexation of the subject prope~y. Comprehensive Plan Amendment 02-1 included the assignment of Futura Land use Map Designations and Zoning districts for the subject pamels. Due to an advedising error, which inadvedently left out the rezoning aspect of the amendment, the m-approval of the zoning asped only, became necessa~. At its meeting of August 6, 2002, the Ci~ Commission approved the second and final reading of the volunta~ annexation of the subject parcels. As a result of this annexation, all parcels maintained their existing County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 02-1 is adopted. The second and final reading of this mzoning request will coincide with the adoption hearing for Comprehensive Plan Amendment 02-1, which is anticipated for October 15, 2002. The proposal before the Commission is to apply City zoning of PC (Planned Commemial) to 6.63 acres of the subject area, with the remaining 47.87 acres receiving Ci~ zoning of PRD (Planned Residential Development). The proposed zone districts am consistent with the Futura Land Use Map designations as proposed by Comprehensive Plan Amendment 02-1. Additional background and a complete analysis is found in the attached Planning & Zoning Board Staff Repo~. At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a public hearing. Several adjacent residents made comments. The general concerns centered around the RFP process for the eventual development of the subject parcels. After reviewing the staff mpod and discussion, the Board voted 5 to 0 (Krall and Pike absent), to recommend approval, based upon positive findings with respect to Chapter 3 (Pedormance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). By motion, approve on first reading the ordinance for the rezoning request from County AR (Agricultural Residential), County RTU (Residential Transitional Urban), and County CG (General Commercial) to City PRD (Planned Residential Development) and City PC (Planned Commercial), based upon the findings and recommendation by the Planning and Zoning Board, and set a public hearing date of October 15, 2002. Affachment: · Ordinance S'I P&Z~boardslcitycommissionlBarwickAreaRZ-CCDoc. doc ORDINANCE NO. 49-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CYFY OF DFJ.RAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED COUNTY AR (AGRICULTURAL RESIDENTIAL), GC (GENERAL COMMERCIAL) AND RTU (RESIDENTIAL TRANSITIONAL URBAN) DISTRICTS TO PRD (PLANNED RESIDENTIAL) AND PC (PLANNED COMMERCIAL) DISTRICTS; SAID LAND BEING 11 PARCELS LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated September, 2002, as being zoned County AR (Agricultural Residential), CG (General Commercial), and RTU (Residential Transitional Urban) Districts; and WHEREAS, at its meeting of September 23, 2002, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of PRD (Planned Residential) and PC (Planned Commercial) Districts as set forth in Exhibit "A" attached hereto and made a part hereofi Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Dekay Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SeCtion 5. That this ordinance shall become effective mediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ~ 2002. ATTEST MAYOR City Clerk First Reading~ Second Reading 2 ORD NO. 49-02 C 0 N C --I PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant ............... Location .......................... Property Size .................. Existing FLUM ................ Current Zoning ................ Proposed Zoning ............. Adjacent Zoning ..... North: East: South: VVe~[: Existing Land Use ............ September 23, 2002 IV. B. Rezoning From (County) RTU (Residential Transitional Urban) In Part, AR (Agricultural Residential) In Part and CG (General Commercial) In Part To (City) PRD (Planned Residential Development) In Part and PC (Planned Commercial) In Part for Eleven Parcels of Land Located North of Lake Ida Road, Between Barwick Road and Military Trail. (Quasi-Judicial Hearing) City of Delray Beach Located South of the L-30 Canal, Between Barwick Road and Military Trail. 54.5 Acres County CHO/8 (Commercial High Office - 8 Units/Acre) & MR5 (Medium Residential - 5 Units/Acre) County AR (Agricultural Residential) & CG (General Commercial) & RTU (Residential Transitional Urban) PRD (Planned Residential) & PC (Planned Commercial) County AR (Agricultural Residential) & RS (Single Family Residential) County AR (Agricultural Residential) & City of Delray Beach R-l-AA (Single Family Residential) City of Delray Beach RM (Multiple Family Residential) County AR (Agricultural) & GC (General Commercial) & PUD (Planned Unit Development) Residential, Vacant, & Agricultural IV.B. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a City Initiated rezoning from County AR (Agricultural Residential), County RTU (Residential Transitional Urban), and County CG (General Commercial) to City PRD (Planned Residentiual Development) and City PC (Planned Commercial), for eleven (11) parcels of land located in the northwest quarter of Section 12 (Range 42, Township 46), pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make'a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject parcels are generally located between Barwick Road and Military Trail, north of Lake Ida Road. 'BAckGROUND'~' The subject property contains 11 unplatted parcels of land totaling 54.5 acres, and are owned entirely by the City of Delray Beach. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first reading the voluntary annexation of the subject property. Comprehensive Plan Amendment 02-1 included the assignment of Future Land use Map Designations and Zoning districts for the subject parcels. Due to an advertising error, which inadvertently left out the rezoning aspect of the amendment, the re-approval of the zoning aspect only, became necessary. At its meeting of August 6, 2002, the City Commission approved the second and final reading of the voluntary annexation of the subject parcels. As a result of this annexation, all parcels maintained their existing County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. The second and final reading of this rezoning request will coincide with the adoption hearing for Comprehensive Plan Amendment 2002-1. The hearing is currently scheduled for the City Commission Meeting of October 15, 2002. ~ Please see Reference Map "City Owned Parcels Rezonings", for the next section. For identification purposes, each of the eleven parcels has been given an arbitrary numb~.r These numbers correspond to numbers assigned to each parcel at the onset Planning and Zoning Board Staff Report City Owned Parcels Rezonings Page 2 of acquisition by the City. The numbering system is being maintained in order to provide continuity and ease of identification. Under direction of the City Commission, staff issued a Request for Proposal (RFP) to Master Plan this area for future development. Although Amendment 02~1 will assign FLUM designations, and this current request will assign individual zoning districts to the subject area, the Master Plan will describe a more comprehensive and detailed use of the land. General direction was given for three over-all goals: 1. Parcels I & lA (6.63 acres), should be designated for commercial development. Due to their proximity to Military Trail, these parcels appear to be the mo, st marketable for commercial development, and will help to off-set the land acquisition costs incurred by the City. Consideration should also be given to the dedication of right-of-way to provide access from Military Trail to the residential parcels to the east. It is noted the commercial zoning designation would also allow development of multi-family units. 2. The balance of the subject area (47.87 acres) should be designated for single family residential development. Moderate-income housing should be emphasized. 3. Reserve approximately 10-15 acres of the residential component for a neighborhood park. Preliminary analysis by the Parks & Recreation Department identified several parcels which would be suitable. Emphasis will placed on certain parcels which have heavy concentrations of existing trees. The deadline to respond to the RFP was August 29, 2002. Four (4) individual companies submitted responses, with a total of five (5) individual development scenarios. A review team made up of City staff, local design professionals, and representatives of adjacent homeowners associations, are currently reviewing the submitted responses. The review team will present their findings to the City Commission at a workshop to be held October 8, 2002 (tentative). The existing land uses for each of eleven properties are as follows: Parcels 1, lA, 3, 4, and 5 are vacant; Parcels 2 and 11 have single family homes; Parcels 9, 10, 17, and 18 have agriculture uses. PROJECT, DESCRIPTION The proposal before the board is to apply City zoning districts to all 11 parcels. Corresponding City Future Land Use Map Designations (as shown below) will be applied to all parcels with the adoption of Comprehensive Plan Amendment 02-1. The following table represents the existing County FLUM designations and zoning, and the proposed designation of City FLUM and zoning for each parcel: Planning and Zoning Board Staff Report City Owned Parcels Rezonings Page 3 EXISTING PROPOSED County County City City Parcel ID Zoning FLUM Zoning FLUM 1 AR MR-5 PC GC lA CG CliO/8 PC GC 2 RTU MR-5 PRD LD 3 AR MR-5 PRD LD 4 AR MR-5 PRD LD 8 AR MR-5 PRD LD 9 AR MR-5 PRD LD 10 AR MR-5 PRD LD 11 AR MR-5 PRD LD 17 AR MR-5 PRD LD 18 AR MR-5 PRD LD r ~ZONING, ANALYSIS REQUIRED FINDINGS: (Chapter 3) 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, 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 zoning district arid the zoning district must be consistent with the land use designation. The City is seeking initial zoning designation of PC (Planned Commercial) for Parcels 1 & lA. Both parcels are currently vacant, and the PC zone district is consistent with the GC (General Commercial) FLUM designation. Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 are to be assigned to the PRD (Planned Residential Development) zone district. All parcels are currently vacant or underdeveloped, meaning sparse single family or agricultural uses. The PRD zone Planning and Zoning Board Staff Report City Owned Parcels Rezonings Page 4 district is consistent with the LD (Low Density Residential, 0-5 units/acre) FLUM designation. CONCURRENCY: Facilities which are provided by, or through, the City 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. Water: There are existing distribution lines associated with several developments in the area, i.e. Winterplace (northeast corner of Military Trail and the L-30 canal) Barwick Ranch, and Sabal Lakes. As the area is proposed for development, water main extensions will be required by this development. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build- out. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. With redevelopment of the subject properties, further sewer main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The properties have access from either Military Trail or Barwick Road. Additionally, two local roads, 133 Road South and Palm Ridge Boulevard, provide access from Barwick Road into the properties. Depending on the development pattern, additional local roads internal to future residential development are anticipated with redevelopment of the property. Military Trail and Barwick Road are under the jurisdiction of Palm Beach County. The development of the property under the current County MR-5 and CH-O designations and the proposed City LD and GC designations would be similar with the exception of an increase with the change of designation for parcel 1. With future development, site plan approval will be required along with a full analysis of the traffic impact. However, there is adequate capacity on Military Trail to accommodate additional trips under either scenario. Parks and Open Space: The annexation of the property to accommodate future residential and commercial development will have some impact on park and recreational facilities. However, part of the future development of the area includes a public park site. The provision of new neighborhood parks has been identified as a future need in the City's recently completed Parks and Recreation Master Plan. Solid Waste: The future development of this area will continue to have similar solid waste impacts. The solid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change, as described later in this report. Section 3.2.1 (Basis for Determininq Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the Planning and Zoning Board Staff Report City Owned Parcels Rezonings Page 5 following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standard of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently zoned County AR (Agricultural Residential) and RTU (Residential Transitional Urban District), are proposed for City PRD (Planned Residential Development), 47.87 Acres]: As the surrounding uses are primarily residential or vacant with a small amount of commercial, compatibility with the adjacent uses is not a concern. Parcels 1 & lA [Currently zoned CG/SE (General Commercial - Special Exception) and AR (Agricultural Residential), proposed for City PC (Planned Commercial), 6.63 Acres]: Parcels 1 & lA are bordered by commercial uses on the north and west sides and residential on the south and east. Compatibility may be a concern with the adjacent residential uses, but as both parcels are currently vacant, future commercial development would be subject to the City's development review process. Thus any potential adverse impacts can be properly mitigated through the applicable requirements of the Land Development Regulations. Section 2.4.5(D)(5) (Rezonin_cl Findinqs): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; Planning and Zoning Board Staff Report City Owned Parcels Rezonings Page 6 That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach Planning Area, as defined in the Comprehensive Plan. The City, being the current owner, is seeking annexation of this property into the City, which requires that appropriate City zoning designations be applied. The requested PC (Planned Commercial) zoning and PRD (Planned Residential Development) zoning is consistent with the GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) Future Land Use Map designations, respectively. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS- Properties involved with this proposal are vacant, have sporadic single family structures, or agricultural uses. The agricultural uses located with the subject area, which will be phased out, and the single family homes will be demolished in order to provide for a larger master planned community. All future development, both commercial and residential, will be processed through the City's development review process, and will comply with the Land Development Regulations. REvIEWii~BY oTHERs The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On April 10, 2002 the Palm Beach County Planning Division was notified of the City's intent to annex this property, and assign initial Future Land Use Map Designations and zonings. Palm Beach County does not object to these actions. IPARC Notice: Notice of the Future Land Use Map Amendment, which included the proposed rezonings, was provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. Courtesy ~Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residents of Delray (PROD) · President's Council Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 7 · DelrayShores HOA · Barwick Estates HOA · Lake Forest South HOA · Rainberry Bay HOA · RainberryWoods HOA · Rainberry Lakes HOA · Barwick Estates HOA · Sabal Lakes HOA · Chatelaine HOA · Country Manors HOA · Don Klein (Barwick Estates) Public Notice: Formal public notice has been provided to all 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. ASSESSMENT AND ' CONCLUSIONS The requested PRD (Planned Residential Development) zone district is appropriate given that the advisory designations and long term plans for this area are Iow density single family residential. The PRD (Planned Residential Development) zone district is consistent with the proposed LD FLUM designation. The proposed PC (Planned Commercial) zone district is consistent with the proposed GC (General Commercial) FLUM designation. Issues and concerns with adjacent residential uses and impacts of commercial development can be properly mitigated through the City's development process. ALTERNATIVE ACTIONS ! Continue with direction. Recommend approval of the rezoning request from County AR (Agricultural Residential), County RTU (Residential Transitional Urban), and County CG (General Commercial)to City PRD (Planned Residential Development) and City PC (Planned Commercial), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 8 Recommend denial of the requested rezoning from County AR (Agricultural Residential), County RTU (Residential Transitional Urban), and County CG (General Commercial) to City PRD (Planned Residential Development) and City PC (Planned Commercial), with the basis stated. STAFF RECOMMENDATION Recommend approval of the rezoning request from County AR (Agricultural Residential), County RTU (Residential Transitional Urban), and County CG (General Commercial) to City PRD (Planned Residential Development) and City PC (Planned Commercial), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: · Location Map · Aerial Photo Map s:\planning & zoning\boards\p&z board\cityownedRZ.doc ~ ( WIN~RP~E ]~ AGR I eOM ~ ~ ~ PRD PRD I ~ r,, ~,,-,,-.,.,i,.,1.,,~,, ~,,.,,.. · ~ ~i~ ~'~o -~ ~~t I ~ ~ ~ ~ ~ PInE TREE DRI~ -- ~ ~ ~~ - AGR ,~,,~ ~ ~ ~o~ ~ ~j ~ ' )1 I ~ : f r , m~ ~ SUNRISE BOULEVARD ~D ~ ~ PAlM RIDGE BL~ " ~ I ~ ~ ~ = VAC AGR SFR ~ ~ - o· ~ IIIlIIIliIlIllIll~-- -- I ~ 133 ROAD SO -- , ~ VAC~ SFR VAC~.IIVACAR I=~~I I = I D VAC [ RTU~ ~ ~ ~ ~ co ] Pc PC PRD , PRD ~ PRD J ~] ~ I1~11 ~CITY LIMITSJlI ~11 · L--51 CANAL I N MaY 2002 .... CITY LIMITS .... (~)- PARCEL ID CITY Of DELRAY BEACH, FL PLANNING · ZONING DEPARTMENT CITY OWNED PARCELS REZONING AGR -- EXISTING LAND USE AR ~ COUNTY ZONING DESIGNATION PRD-...--- PROPOSED CITY ZONING AGR - AGRICULTURE AR, RTU - RESIDENTIAL ZONING OOM - COMMERCIAL CG - COMMERCIAL ZONING SFR ' S~NG'E FAMILY PRD - PLANNED RESIDENTIAL DEVELOPUENT VAC - VACANT --- DI~'ITAL ~$E Il,lAP S~ST£M -- MAP REF LM5g2 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~ - REGULAR MEETING OF OCTOBER 15, 2002 ORDINANCE NO. 50-02 (WINTERPL~CE SUBDIVISION) OCTOBER 11, 2002 This ordinance is before Commission for second reading and a quast~/udidal heaffng for rezoning from County PUD (Planned Unit Development) to City PRD (Planned Residential Development) for the Winterplace Subdivision, now known as the Colony at Delray Beach, located on the east side of Military Trail, approximately 1/2 mile north of Lake Ida Road, just south of the LWDD L-30 Canal. The subject property is approximately 34.6 acres and contains 151 zero lot line detached single family homes. The Planning and Zoning Board held a public hearing in conjunction with the request. After discussing this proposal, the Board voted 5-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations (LDR), policies of the Comprehensive Plan, and LDR Section 2.4.5 02))(5). At the first reading on October 1, 2002, the City Commission passed the Ordinance No. 50-02 unanimously. Recommend approval of Ordinance No. 50-02 on second and final reading. S'\C~ty Clerk\chevelle folder\agenda memos\Ord.50.02.10.15.02 Rezomng Wmterplace Subchwston TO: THRU: FROM: SUBJECT: CITY CdMMi~$10~;tDOCUMEi~TATiON DAN MARFINO, PRINClPAL,~LANNER~~ MEETING OF OCTOBER 1, 2002 *FIRST READIRG* REZONING FROM COUN~ PUD (PLANNED UNIT DEVELOPMENT) TO CI~ PRD (PLANNED RESIDENTIAL DEVELOPMEN~ FOR THE WINTERPLACE SUBDIVISION, LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY % MILE NORTH OF LAKE IDA ROAD, JUST SOUTH OF THE LWDD L-30 CANAL. The subject properly is the plat of Winterplace (Plat Book 89, Page 179), re~rded in Februa~ of 2001. The site, now known as The Colony at Delray Beach, contains 151 zero lot line detached single family homes, situated on 34.6 acres land. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Depadment of Community Affairs for review, and approved on first reading the volunta~ annexation of the Winterplace Subdivision, pursuant to a water se~ice agreement dated March 8, 2000. Comprehensive Plan Amendment 02-1 included the assignment of the City's Future Land Use Map Designation of LD (Low Density Residential, 0-5 du/ac), and zoning district of PRD (Planned Residential Development) for the subject prope~y, which are consistent with each other. Due to an advedising error, which inadvedently left out the rezoning aspect of the amendment, the re-approval of the zoning aspect only, is necessa~. At its meeting of August 3, 2002, the Ci~ Commission approved the second and final reading of the volunta~ annexation of the subdivision. As a result of this annexation, the subdivision maintained its existing County Zoning and Future Land Use Map Designations; untii such time that Comprehensive Plan Amendment 02-1 is adopted. The second and final reading of this rezoning request will coincide with the adoption hearing for Comprehensive Plan Amendment 02-1, which is anticipated for October 15, 2002. Additional background and a complete analysis is found in the attached Planning & Zoning Board Staff Repo~. PLANNING AND ZOF~iNG BOARD bO~IDE~TiON At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning this item. After reviewing the staff repo~ and discussion, the Board voted 5 to 0 (Krall and Pike absent), to recommend approval, Positive findings with respect to Chapter 3 (Pedormance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). By motion, approve on first reading the ordinance for the rezoning request from County PUD (Planned Unit Development) to City PRD (Planned Residential Development), based upon the findings and recommendation by the Planning and Zoning Board, and set a public hearing date of October 15, 2002. Attachment: · P & Z Staff Report of September 23, 2002. · Ordinance S:~ p&Z~boards~citycommissionlWinterPlaceRZ-CCDoc, doc 12.5 ORDINANCE NO. 50-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED COUNTY PUD (PLANNED UNIT DEVF. IOPMENT) DISTRICT TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID LAND BEING A 34.6 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF THE L--30 CANAL AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DFJ.RAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated September, 2002, as being zoned County PUD (Planned Unit Development) District; and WHEREAS, at its meeting of September 23, 2002, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive WHERRAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF_J..RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of PRD (Planned Residential) District for the following described property: All of the plat of Winterplace (Plat Book 89, Page 179, as recorded in the Public Records of Palm Beach County, Florida) Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such derision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2002. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 50-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant ............... Location .......................... Property Size .................. Existing FLUM ................ Current Zoning ................ Proposed Zoning ............. Adjacent Zoning .....North: East: South: West: Existing Land Use ............ Proposed Land Use ......... Water Service .................. Sewer Service .................. September 23, 2002 IV. C. Rezoning From (County) PUD (Planned Unit Development) To (City) PRD (Planned Residential Development) For a 34.6 Acre Parcel, the Winterplace Subdivision (now known as The Colony at Delray Beach), Located at the Southeast Corner of Military Trail and the L-30 Canal. (Quasi-Judicial Hearing) Colony of Palm Beach Located at the Southeast Comer of the L-30 Canal and Military Trail. 34.6 Acres County MR5 (Medium Residential - 5 units/acre) County PUD (Planned Unit Development) PRD (Planned Residential) County AR (Agricultural Residential) & RTU (Residential Transitional Urban) AR (Agricultural Residential) AR (Agricultural Residential) & RS (Single Family Residential) PO (Public Ownership District) & AR (Agricultural Residential) Residential Same as existing Existing on site Existing on site ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation on a City Initiated rezoning from County PUD (Planned Unit Development) to PRD (Planned Residential Development) for the Winterplace Subdivision. Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject parcel is located on the east side of Military Trail, approximately ½ mile north of Lake Ida Road, just south of the LWDD L-30 Canal. '~'~BACK~ROUND The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of 2001. The site, now known as The Colony at Delray Beach, contains 151 zero lot line single family homes, situated on 34.6 acres land. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first reading the voluntary annexation of the Winterplace Subdivision, pursuant to a water service agreement dated March 8, 2000. Comprehensive Plan Amendment 02-1 included the assignment of the City's Future Land Use Map Designation of LD (Low Density, 0-5 du/ac), and Zoning district of PRD (Planned Residential Development) for the subject property. Due to an advertising error, which inadvertently left out the rezoning aspect of the amendment, the re-approval of the zoning aspect only, is necessary. At its meeting of August 3, 2002, the City Commission approved the second and final reading of the voluntary annexation of the subdivisior). As a result of this annexation, the subdivision maintained its existing County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. The second and final reading of this rezoning request will coincide with the adoption hearing for Comprehensive Plan Amendment 2002-1. The first hearing is currently scheduled for the City Commission Meeting of October 1, 2002, with the second reading on October 15, 2002. The subject property, although only recently annexed into the City, has several additional City land use actions associated it, which are summarized chronologically below: Planning and Zoning Board Staff Report Winterplace Rezoning Page 2 February 4, 1994: City Commission approved a water service agreement for the subject property. The agreement was to allow the establishment of a wholesale nursery operation (Southern Ornamental Plants). September 5, 1995: City Commission approved a Future Land Use Map amendment for the property from the City's advisory Future Land Use Map designation of RR (Rural Residential) to City LD (Low Density Residential, 0-5 units/acre). This created consistency with the County's designation of the property of MR-5 (Medium Density Residential - 5 units per acre). January 27, 1997: Planning and Zoning Board approved a conceptual master plan for 173 single family units and recommended approval to the City Commission of the associated water service agreement. February 4, 1997: City Commission approved the water service agreement for the proposed 173 unit development. October 11, 1999: Planning and Zoning Board approved a master development plan for 151 single family units. November 2, 1999: City Commission approved the current water service agreement for the proposed 151 single family subdivision. There have been several master plan modifications to the project subsequent to these approvals, none of which were considered a material change to the project. The developers of the subdivision have submitted a site plan modification, which is currently in process. Currently the subject area is platted as a 151 unit single family subdivision. Approximately 6 units have been constructed and sold, and several additional units are under construction. PROJECT DESCRIPTION The proposal before the board is to apply a City zoning designation of PRD (Planned Residential Development) to the 151 unit subdivision. The existing County zoning of PUD (Planned Unit Development) will be maintained, until this request is forwarded with Comprehensive Plan Amendment 02-1 for final adoption. ZONING ANALySis Ii,' REQUIRED FINDINGS: (Chapter 3) P=,r~uant 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 Planning and Zoning Board Staff Report Winterplace Rezoning Page 3 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 zoning district and the zoning district must be consistent with the land use designation. The development subdivision contains 151 single family homes, and will recieve a PRD (Planned Residential Development) zoning designation. The 34.6 acre development will have an overall density of 4.36 units/acre. Planned single family communities are, a permitted use within the PRD zone district. Further, this development received master plan approval from the City on October 11, 1999. As part of the' master plan approval, the proposed development was reviewed under the PRD criteria, and it was identified that upon annexation this development would be assigned to the PRD zone district. The PRD zone district, with a density 4.36 units/acre, is consistent with the LD (Low Density Residential, 0-5 unit/acre) FLUM designation. · Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Findings of Concurrency for the 151 unit single family subdivision were made at the time of the master plan approval, approved in 1999. There will be no changes to the development. However, the following summary is provided. Water: Water service is currently provided from a connection to 12" water main on the east side of Military Trail and along the property's south property line, which connects to the existing mains within Military Trail and Barwick Road, as per the approved development plan. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: A traffic study was been provided to the Palm Beach County Traffic Division during the master development plan process. This study indicated that the proposed 151-unit single family development will generate 1,510 new vehicle trips onto the surrounding roadway network. With the widening of Lake Ida Road, there is sufficient capacity available to accommodate the impact of the development. Parks and Recreation Facilities: The single family residences will not have a significant impact with respect to level of service standards for parks and recreation facilities. Upon annexation, each unit constructed will be required to pay the City's recreation impact fee of $500. Solid Waste: Trash generated each year by this development (when fully developed), will be approximately 1.99 tons per single family residence per year (151 units) for a Planning and Zoning Board Staff Report Winterplace Rezoning Page 4 total of 300.49 tons/year. This increase can be accommodated by existing facilities and thus, will not be significant with respect to this level of service standard. Section 3.2.2 (Standards for Rezoninq Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist ,to properly mitigate adverse impacts from the new use. As the property is platted for a 151 single family units, and has received approval previously from the City, as well as the County, in the form of a master plan, compatibility with all adjacent uses is not a concern. Perimeter landscape buffers are provided to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonin_cl Findin_cls): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach Planning Area, as defined in the Comprehensive Plan. The subject property is being voluntarily annexed into the City, pursuant to the water service agreement, which requires that appropriate City zoning designations be applied. The requested PRD (Planned Residential Development) zone district is consistent with the proposed LD (Low Density Residential, 0-5 units/acre) designation, and is similar to the existing County PUD zone district. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: As stated previously in this report, compliance with the Land Development Regulations was addressed with the Master Plan approval, which was approved by the Planning & Zoning Board at their meeting of October 11, 1999. Given this fact, a positive finding with respect to compliance with the City's Land Development Regulations can be made. Planning and Zoning Board Staff Report Winterplace Rezoning Page 5 REVIEW~~ BY OTHERS ' The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On April 10, 2002 the Palm Beach County Planning Division was notified of the City's intent to annex this property, and assign initial Future Land Use Map Designations and zoning designations. Palm Beach County does not object to these actions. ' IPARC Notice: Notice'of the Future Land Use Map Amendment, which included the proposed rezonings, was provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections were received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residents of Delray (PROD) · President's Council · Delray Shores HOA · Barwick Estates HOA · Lake Forest South HOA · Rainberry Bay HOA · RainberryWoods HOA · Rainberry Lakes HOA · Barwick Estates HOA · Sabal Lakes HOA · Chatelaine HOA · Country Manors HOA e Don Klein (Barwick Estates) Public Notice: Formal public notice has been provided to all 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. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 6 ASSESSMENT AND CONCLUSIONS The requested zone district of PRD (Planned Residential Development) is consistent with the proposed Future Land Use Map designation of LD (Low Density Residential, 0- 5 units/acre), which will be adopted with Comprehensive Plan Amendment 02-1. In addition the PRD (Planned Residential Development) zone district is consistent with analysis preformed as part of the master plan approval for this development, prior to annexation. ALTERN~i~;E 'ACTIONS A. Continue with direction. Recommend approval of the rezoning request from County PUD (Planned Unit Development) to PRD (Planned Residential Development), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend denial of the rezoning request from County PUD (Planned Unit Development) to PRD (Planned Residential Development), with the basis stated. STAFF RECOMMENDATION~~" Recommend approval of the rezoning request from County PUD (Planned Unit Development) to PRD (Planned Residential Development), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: · Location Map · Aerial Map i i~ I+ '-./'- p~NE TREE DR,VE -- i ~i~/~ SUNRISE BOULE;ARD _ ..,,..,.,,.,,.,,.,..,,..,.,,_ ........... ~ PALM RIDGE BLVD ~, ~ RANCH ~ SABAL LAKES r:' ,:.,,,=,,~.~ ~ll ~ll~llmiiiii ii~iiiii~ ~ 133 ROAD : ~ ~ I l~ ROAD~ SOU~ I I ~ I ~ ~ , =11 L-s: CANAL =ii T R Y ~ o, _ i __i . I N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT WI NTERPLACE REZON IN G FROM: COUNTY P.U.D. (PLANNED UNIT DEVELOPMENT) TO: CITY PRD (PLANNED RESIDENTIAL DEVELOPMENT) -- DIGITAL B~SE MAP SYETEM -- MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # [0 ~'~ . REGULAR MEETING OF OCTOBER 15, 2002 ORDINANCE NO. 52-02 (PRIVATELY INITIATED REZONING) OCTOBER 11, 2002 This ordinance is before Commission for second reading and a quasijudidal hearing for rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) for property located on the north side of S.E. 4th Street, approximately 110' east of S.E. 6th Avenue (northbound Federal Highway). The subject property consists of the west 16' of Lot 28, Block 120 of the Town of Delray Subdivision and contains 0.025 acres. The remainder of Lot 28 has a single family residence built in 1934 with a zoning of R-I-AA and is located in the Marina Historic District. The western 16' contains a driveway and a canopy attached to the adjacent single family home to the east. The applicant proposes to incorporate this portion into the Meridian Mixed-Use Development located along the east side of S.E. 6'h Avenue, between S.E. 3ra and 4th Streets for parking and landscape areas. The Planning and Zoning Board held a public heating in conjunction with the request. After discussing this proposal, the Board voted 5-0 to recommend that the request be approved, based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Land Development Regulations (LDR) Section 3.1.1 (Required Findings), LDR Section 2.4.5 (12))(5) (Rezoning Findings), and the goals, objectives, and policies of the Comprehensive Plan; subject to the condition that a variance application is submitted and granted for the reduction of the rear yard setback and replacement of parking elsewhere on the property. At the first reading on October 1, 2002, the City Commission passed the Ordinance No. 52-02 unanimously. Recommend approval of Ordinance No. 52-02 on second and final reading. S \Cay Clerk\chevelle folder\agenda memos\OrckSZ02.10 15 02 Rezomng TO: THRU: FROM: SUBJECT: SCOTT D. PAPE, SENIOR PLANNER''Z'~/~-~' MEETING OF OCTOBER 1, 2002 PRIVATELY INITIATED REZONING FROM R-I-AA (SINGLE FAMILY RESIDENTIAL) TO CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED ON THE NORTH SIDE OF SE 4TM STREET~ APPROXIMATELY 110' EAST OF SE 6TM AVENUE (NORTHBOUND FEDERAL HIGHWAY). The property consists of the west 16' of Lot 28, Block 120 of the Town of Delray subdivision and contains 0.025 acres. The remainder of Lot 28 contains a historically contributing single family residence (built 1934), which is zoned R-l-AA and located in the Marina Historic District The western 16' contains a driveway and canopy that is attached to the adjacent single family home to the east. The applicant proposes to incorporate the western 16' of the subject property into the previously approved mixed use development known as The Meridian located along the east side of SE 6th Avenue (northbound Federal Highway), between SE 3rd and 4th Streets, for parking and landscape areas. This rezoning is being processed concurrently with a Future Land Use Map amendment from LD (Low Density Residential 0-5 units per acre) to CC (Commercial Core), which is part of the City's Comprehensive Plan Amendment 2002-02. The Comprehensive Plan Amendment Transmittal Hearing is also scheduled for the October 1st City Commission meeting. Second reading of the rezoning ordinance will occur in conjunction with adoption of the Comprehensive Plan Amendment anticipated in December. It is noted that the conveyance of the 16'-wide parcel will create a nonconformity with respect to the rear setback of the house. A condition of the Rezoning and FLUM amendment is that a variance application is submitted and approval granted (by the Historic Preservation Board) to reduce the rear setback and that the parking associated with the residence is relocated elsewhere on the property. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (Krall and Pike absent) to recommend that the requests be approved, based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan, subject to the condition that a variance application is submitted and granted for the reduction of the rear yard setback and replacement of parking elsewhere on the property. By motion, approve on first reading the ordinance for the proposed Rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) based on the findings and recommendations by the Planning and Zoning Board. Attachments: P & Z Staff Report of September 23, 2002 & Ordinance by Others ORDINANCE NO. 52-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOR/DA, REZONING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF SE 4TH STREET, APPROXIMATFJ.Y 127 FEET EAST OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DF.I.RAY BEACH, FLOR/DA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated February, 2002, as being zoned R-l-AA (Single Family Residential) District; and WHEREAS, at its meeting of September 23, 2002, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business District) District for the following described property: A portion of Block 120, Town of l.inton (now Delray Beach), according to the Plat thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, more particularly described as follows: The East 16.00 feet of the West 143.00 feet of the South 70.00 feet of the South half of said Block 120. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in reguhr session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 52-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: September 23, 2002 IV. E.' Future Land Use Amendment From LD (Low Density Residential 0-5 du/ac) To CC (Commercial Core) and Rezoning From R-l-AA (Single Family Residential) To CBD (Central Business District) For a Parcel of Land Associated With the Meridian Mixed-Use Development. GENERAL DATA: Owner/Applicant .......................... Mallory I!, LLC Agent .......................................... Ironwood Properties, Inc. Location ...................................... North Side of SE 4th Street, Approximately 127 Feet East of SE 6th Avenue (Northbound Federal Highway) Property Size .............................. 0.025 Acres Future Land Use Map ................ LD (Low Density Residential 0-5 Du/Acre) Proposed FLUM ........................ CC (Commercial Core) Current Zoning ............................ R-l-AA (Single Family Residential) Proposed Zoning ........................ CBD (Central Business District) Adjacent Zoning ................ North: CBD (Central Business District) East: R-l-AA (Single Family Residential) South: GC (General Commercial) & R-l-AA (Single Family Residential) West: CBD (Central Business District) Existing Land Use ...................... Single Family Residence Proposed Land Use .................... Parking associated with the construction of mixed use development that consists of 22 townhouses and 23,228 square feet of office space. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. S E D ST BANK IV.E. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from LD (Low Density Residential/0-5 dwelling units per acre) to CC (Commercial Core) and rezoning from R-l-AA (Single Family Residential- Medium Density) to CBD (Central Business District) for property located on the north side of SE 4th Street, approximately 110' east of SE 6th Avenue (Federal Highway). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The property is the west 16' of Lot 28, Block 120 of the Town of Delray subdivision and contains 0.025 acres. The remainder of Lot 28 contains a single family residence and is zoned R-l-AA. The western 16', which is the subject of the FLUM and Rezoning applications, is not located in the Marina Historic District. This portion of the property contains a driveway and canopy that is attached to the adjacent single family home to the east. The house on the balance of the property was built in 1934 and is located in the Marina Historic District overlay and is considered a contributing structure. At its meeting of December 5, 2000, the City Commission approved a FLUM and Zoning Map change to the western portion of Block 120 of the Town of Delray subdivision. These actions change the FLUM designation from GC (General Commercial) to CC (Commercial Core) and the zoning designation from GC (General Commercial) to CBD (Central Business District). At its meeting of August 28, 2002 the Site Plan Review and Appearance Board approved a site plan for a mixed use development consisting of 22 townhouses and 20 offices known as The Meridian. The applicant proposes to incorporate the western 16' of the subject property into this development to be used for parking and landscape area. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2002-02. LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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 Future Land Use Map, Concurrency, Planning and Zoning Board Sta .... eport The Meridian - FLUM Amendment and Rezoning Page 2 Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed parking and landscape area is allowed as an accessory use to the approved mixed use development known as The Meridian in the CBD (Centra, I Business District) zoning district. The CBD zoning district is consistent with the proposed Commercial Core Future Land Use Map designation. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. As noted in the Background section of this report, the FLUM designations of the properties to the west were recently changed to Commercial Core and rezoned to CBD. These actions were taken in order to extend the downtown area as it was deemed more appropriate than the existing uses, which were primarily automotive related. The mixed use project known as The Meridian was approved to the west of the subject property. The eastern boundary of this project is generally uniform except for the subject 16' at the southern end. It has been the developer's intention to incorporate this 16'-wide parcel for additional parking. This action will provide a uniform boundary along the east side of The Meridian development. The proposed FLUM amendment will fulfill Future Land Use Element Policy C-4.2, stated as follows: Planning and Zoning Board Sta,. ,<eport The Meridian - FLUM Amendment and Rezoning Page 3 Future Land Use Element Policy C-4.2: A special CBD plan shaft be developed jointly by the CRA and the City. It shall address the maximum development which can be accommodated in a competitive market while still retaining the "village like, community by-the-sea" character of the CBD. it shall further identify the infrastructure requirements, including parking, which will be needed to accommodate such an intensity of development. Such a plan shall be formally processed as an amendment to the Comprehensive Plan. The plan shall be instituted under the lead of the Community Redevelopment Agency but conducted through close participation with the City's Planning and Zoning Department. The CBD plan has been adopted and is now known as the Downtown Delray Beach Master Plan (adopted March 19, 2002). The Master Plan indicates that "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the District that will contribute to the vitality of the area." The Master Plan also encourages the establishment of shared parking in the downtown core area. The Meridian development participated in the City's shared parking program. However, despite the shared parking provisions the development is required to contribute six parking spaces ($72,000) towards the City's in-lieu program. Inclusion of the subject property will allow the developer to include additional parking spaces on-site rather than full contribution to the in-lieu program. Therefore, it is appropriate that the proposed FLUM and Zoning Map designations be applied to the property as they are consistent with the Master Plan with respect to parking needs in the downtown area. Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment, a positive finding can be made with respect to fulfilling a demonstrated need. Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the policy mentioned above as well as other goals, objectives and policies of the City's Comprehensive Plan. The FLUM amendment will also address the following Comprehensive Plan Policy: Future Land Use Element Policy A-1.2 - Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. It is recognized that the proposed FLUM and Rezoning will not significantly increase the depth of The Meridian property. However, it will be sufficient to increase the amount of on-site parking and reduce the amount of spaces that will be contributed via the in-lieu fee program. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Planning and Zoning Board Sta,..<eport The Meridian - FLUM Amendment and Rezoning Page 4 The proposal involves the FLUM amendment on a 0.025 acre parcel from LD to CC and a rezoning from R-l-AA to CBD. With the current FLUM and Zoning Map designations, the property could not be redeveloped, as it does not meet the minimum lot size, lot width, lot depth, and lot frontage in the R-l-AA zoning district. Given the size of the subject property, redevelopment to a use other than the proposed accessory parking area is unlikely. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Based on the finding by the Planning and Zoning Board and City Commission for the FLUM and Rezoning for the balance of The Meridian property, the designation change for the subject property would be compatible with the adjacent single family neighborhood to the east. The existing surrounding land uses are vacant to the north, single family residential to the south and east, and mixed use office and residential (The Meridian) to the west. The FLUM designations of the surrounding uses are CC (Commercial Core) to the north and west, LD (Low Density Residential 0-5 dwelling units per acre) to the east, and GC (General Commercial) to the south. The proposed designation change will "square-off" the district boundaries, which are Commercial Core along the west side of Block 120 and residential along the east side. Based on the above, a positive finding with respect to compatibility can be made. rq Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.025 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. Future redevelopment will be directed by the Master Plan, which will comply with the City's Land Development Regulations. It is noted that the conveyance of the 16'- wide parcel will create a nonconformity with respect to the rear setback of the single family residence to the east. The required setback in the R-l-AA zoning district is 10' from the property line. When the property is conveyed to The Meridian, the rear setback would be approximately 5'. In order to compensate for this nonconformity, the property owner of the single family residence must apply and be granted a variance from the Historical Preservation Board. Since the conveyance of the property will eliminate the driveway and carport of the single family residence, an alternative parking design must be provided. A condition of the FLUM amendment is that a variance must be submitted and granted for the rear yard setback and that alternative parking be provided. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. Section 3.2.2 applicable. follows: (Standards for Rezoninq Actions): Standards B and E are not The applicable performance standards of Section 3.2.2 are as Planning and Zoning Board Sta,. ,~eport The Meridian - FLUM Amendment and Rezoning Page 5 (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattern along SE 6th Avenue (northbound Federal Highway) is such that the western halves of the blocks on the east side of the road have been developed as commercial. The subject property is the only instance where the residential zoning has encroached onto the western half of the block. The CBD zoning district is the established zoning classification along the western half of these blocks. Therefore, residential zoning for this parcel is not appropriate. Therefore, this policy should not be applicable given the existing development pattern. (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed rezoning would designate the 0.025 piece of land as CBD and thereby slightly increasing the depth of The Meridian property along SE 6th Avenue (Federal Highway) which is also zoned CBD. The proposed rezoning will allow The Meridian mixed use development to construct additional parking spaces thereby reducing the need for in-lieu parking spaces making for a better office and residential development. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zonin.q Uses North CBD West CBD South GC East R-1-A Atlantic Center Shoppes Mallory Square townhouses Single family residences Single family residences The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern along Federal Highway. As noted, in the background section of this report, the Planning and Zoning Board and City Commission made a finding that the CBD zoning district is compatible with the Planning and Zoning Board Sta.. ,<eport The Meridian - FLUM Amendment and Rezoning Page 6 surrounding properties when the properties to the north and west were rezoned on December 5, 2000. Section 2.4.5(D)(5) (Rezonincl Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; Gm That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As noted previously, development pattem along SE 6th Avenue has been established such that the western half of the blocks have developed as commercial where the eastern half has been developed as residential. The proposed rezoning to CBD is the correct zoning designation for the proposed Commercial Core FLUM designation. The proposed rezoning will "square-off" the zoning boundaries consistent with the remainder of the block. Therefore, a finding can be made the rezoning fulfills subsections "b" and The property is not in an area that requires review by the DDA (Downtown Development Authority). Community Redevelopment Aqency (CRA): The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of September 12, 2002 and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Planning and Zoning Board Sta.. ,<eport The Meridian - FLUM Amendment and Rezoning Page 7 · Beach Property Owners · Via Marina · PROD · Presidents Council The proposed amendments will provide a consistent boundary between the west (commercial) half of the block and the east (residential) half. It is noted that the conveyance of the 16'-wide parcel will create a nonconformity with respect to the re,ir setback of the house. A condition of the FLUM amendment is that a variance application is submitted and a variance is granted for the rear setback by the Historic Preservation Board and that the parking is relocated elsewhere on the property. Furthermore, the proposed designation changes are consistent with the Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment and Rezoning can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Recommend denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CC (Commercial Core), subject to the condition that a variance application is submitted and granted for the reduction of the rear yard setback, replacement of parking elsewhere on the property, and approval of the Rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Planning and Zoning Board St~,.. ?,eport The Meridian - FLUM Amendment and Rezoning Page 8 Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan Report prepared by: Scott Pape, Senior Planner Attachments: · Proposed Future Land Use Map · Zoning Map · Survey $.E. I , 4TH S. · SEAGATE ~~~ BEACH ~~1 I N ,~,o~o.~. THE MERIDIAN ~ -- REZONING - AREA OF MODIFICATION FROM: R-I-~ (SINGLE FAMILY RESIDENTIAL) Cl~ OF DELRAY BEACH, PL~N~HC ~ ZOH~NC ~EP~R~T ~ TO: CBD (CENT~L BUSINESS DISTRICT) DIGITAL ~E MAP ~M -- SKETCH OF SPE ij=lC PURPOSE SUR¥'r-Y A PORTION OF BLOCK i~0 TOWN OF LINTON (NOW DELRAY BEACH) ~" (PB 1, Pig 5, PBCR) " '~ SURVEY NO~ I SCALE: I ~ ~--~-WAY UNE OF ND~BDUND U~. ~ ~ o N52'. S122'. W143'. BLOCK ,20 - ~m LESS THE W5' ~m [ I 25.00' ~4s.oo' ~. :~ ~ S70', W127', BLOCK 120 ~ 30.00' ~ ~SS ORB 430, PG 418 (R/W) ~ ~ ~ BLOCK ~ 20~ l_~ NB~5B'46~ ~ (PB ~. PC ~, PBCR) S. 4 TH S / ,~ ,,/ ~ND D~O~IP~ON: A POTION OF BLOCK 120. ~'N OF U~ON (NOW D~Y B~H). ACCORDING ~ THE P~T ~EREOF RECORDED IN P~T BOOK 1. P~E 3 OF ~E PUBLIC RECORDS OF PALM B~CH ~. ~ORID~ MORE P~TICU~RLY D~CRIB~ ~ ~W~: FOR ~E ~R~, ~: 120. MICH~ D, ROSE ~D ~DS LYING IN ~E C~ OF D~Y B~CH. PALM PRO~IO~ SUR~DR ~D MAPPER B~CH COUP. ~ORID~ CDN~NIN~ 1120 SQUARE ~. ~RI~ RECItaTION NO. 3995 MDRE OR PROJECT NO: 01--0557~03 SH~ 1 OF 1 SH~ UN~ ~ B~S ~ SIG~TURE ~D ~E ORIGI~ DF A ~R~ UCENS~ SURV~OE AND MAPP~ ~ NAME: X:~SUR~OS~,SK~=H~IESU~ 1N~ORMA~O~ PU~DS~ ONLY AND 15 N~ V~D SPECIe: PURPOSE SU~ I ~R ~ MDR 1~5 s. Perimeter Rood · Suite 19D. Ft. ~uoeroolg, R~SIONS I ~N ~ ~/PG CHKD PH. 95~-~6-76o4 · FAX: B5~-776-7608 [ITY DF DELAfiY BER£H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: October 3, 2002 MEMORANDUM Wnter's D~rect L~ne 561/243-7091 TO: FROM: City Commission ~-~ Brian Shutt, Assistant City Attorney SUBJECT: Interlocal Aqreement with CRA/Resolution Providing for Eminent Domain Proceedinqs/Resolution Providinq for Transfer of Property On May 21, 2002 the Commission approved a contract for the purchase of a piece of property located along the east side of S.W. 5th Avenue just north of S.W. 2® Street in the amount of $4,700.00. The City was hoping to acquire this property as it owns an adjacent parcel and the combination of both parcels would make one buildable lot that could be used for the Housing Renaissance Program. However, a title search of the property revealed title problems to the extent that title insurance could not be obtained. The Commission cancelled the contract on August 20, 2002 with the understanding that the City would work with the CRA in looking at other avenues to acquire this property. The attached Interlocal agreement provides that the CRA shall acquire the property by eminent domain, with the CRA paying all costs. Once the CRA has acquired the property, the City will then transfer its parcel to the CRA. Resolution No. 81-02 grants to the CRA the authority to acquire the property by eminent domain. Resolution No. 82-02, attached hereto, provides for the transfer of the City owned parcel to the CRA once the CRA has obtained title to the adjacent parcel through eminent domain proceedings. By copy of this memo to David Harden, our office requests that these items be placed on the October 15, 2002 City Commission agenda. Please call if you have any questions. Attachment INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT is made this day of 200_ by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City") ("CRA"). and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY WITNESSETH: WHEREAS, the City and CRA have entered into an agreement (Delray Beach Housing Renaissance Program Memorandum of Understanding) to provide for affordable housing in th~ City of Delray Beach; and WHEREAS, the CRA desires to acquire the property described in Exhibit "A" so that it may be utilized for affordable housing; and WHEREAS, the City has acquired the property adjacent to the property described in Exhibit "A" and is hereby described in Exhibit "B"; and WHEREAS, the property described in Exhibit "B" as well as the property described in Exhibit '%" do not meet the lot size requirements for a buildable lot; and WHEREAS, the CRA wishes to combine the lots in order to make one buildable lot for affordable housing; and WHEREAS, the property owner desires to sell, however, it has been determined there are marketability issues as to the title, rendering such voluntary sale and purchase economically unfeasible; and WHEREAS, the CRA has the express power pursuant to Florida Statute and the affordable housing component of its Community Redevelopment Plan to acquire properties by eminent domain for affordable housing; and WHEREAS, the expenditure of funds by the CRA to acquire affordable housing sites is a valid public purpose; and WHEREAS, pursuant to F.S. Chapter 163, Part III, the CRA has the power of eminent domain for purposes of acquiring the subject property for affordable housing if delegated such power by the City. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: Recitations. The recitations set forth above are hereby incorporated herein. 2. Action by Parties. If the City delegates the eminent domain powers pursuant to F.S. Chapter 163, the CRA shall acquire the property described in Exhibit "A" within a reasonable period of time. Thereafter, once the CRA has acquired this property the City shall then transfer title to the property described in Exhibit "B" to the CRA for development as part of the Delray Beach Housing Renaissance Program. 3. Costs. The CRA shall be responsible for all costs incurred in the acquisition of the property as described in Exhibit '%", including any and all costs and fees regarding any eminent domain action. 4. Term. The term of this agreement shall commence when approved by both parties and when executed by the last signatory to this agreement and shall expire within 90 days after the transfer of the property described in Exhibit "B" from the City to the CRA. 5. Interlocal Aqreement. This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01(11), Florida Statutes. 6. Final Aqreement; Modification. No prior or present agreements or representations with regard to any subject matter contained within this agreement shall be binding on any party unless included expressly in this agreement. Any modification of this agreement shall be in writing and executed by the parties. 7. Severability. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof contained within this Agreement shall have no force or effect upon the validity of any other portion hereof. 8. Laws; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. Venue for any action arising from this agreement shall be in Palm Beach County, Florida. 9. Assi.qnment. Once the property is acquired by the CRA, the CRA may only transfer or assign the property to another agency that will use the property to provide affordable housing. 10. Signatures Required. This Agreement shall not be valid until signed by the Mayor and City Clerk. ATTEST: City Clerk CITYOF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor Approved as to Form: City Attorney Witnesses: COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged ,200_ by title of officer or agent) of acknowledging), a behalf of the corporation. take an oath. before me this day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification and did (did not) Signature of Notary Public EXHIBIT "A" The East ½ of Lot 7, Block 30, Plat o£ Town of Linton, according to the plat thereof recorded in Plat Book 1, page 3 of the Public Records o£ Palm Beach County, Florida. EXHIBIT "B" The West ½ of Lot 7, Block 30, Map of the Town of Linton, Florida (n/k/a Delray Beach), according to the map or plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. RESOLUTION NO. 81-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1)(e)(2) and Section 163.375, Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, Section 163.370(e)(2) and Section 163.375, Florida Statutes, further provide that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: The East One-Half (1/2) of Lot 7, Block 30, Plat of the Town of Linton, according to the plat thereof recorded in Plat Book 1, page 3 of the Public Records of Palm Beach County, Florida. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this __ day of ,2002. ATTEST: MAYOR City Clerk RESOLUTION NO. 82-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ALONG THE EAST SIDE OF S.W. 5TM AVENUE JUST NORTH OF S.W. 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNITY DEVELOPMENT AGENCY TO BE UTILIZED FOR THE RENAISSANCE HOUSING PROGRAM. WHEREAS, the City of Delray Beach, Florida desires to transfer the west ½ of Lot 7, Block 30 for the purpose of providing property for the Renaissance Housing Program; and WHEREAS, the City Commission has determined that it is in the best interest of the City to transfer the property described above; and WHEREAS, the City shall only transfer the property to the CRA based upon the terms and conditions of the Interlocal Agreement between the City and CRA; and WHEREAS, the City Commission has determined that the transfer of the property described above will promote the general welfare of the residents of Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida hereby agrees to transfer the West ½ of Lot 7, Block 30, according to the plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, to the CRA based upon the terms and conditions, which are hereby incorporated herein, of the Interlocal Agreement between the City and CRA. PASSED AND ADOPTED in regular session on this the __ day of October, 2002. ATTEST: MAYOR City Clerk FIRE S T,~ PON NO, I ATLANTIC sw IST 2ND ST T'~NNIS STADIUM COMMUN/TY CENTER POLICE :OMPLEX SOU TH COUNTY COURT HOUSE AVENUE S w. 1ST ST SCHOOL SOUARE S.[ 1ST ST. ST - 1 S E 2ND ST 3RD ST MEP, P! TT PARK ~ S.E 3RD ST DRuG ABUSE FOUNDATION OF PALM BEACH COUNTY (~TY OF OE',..RAY 8EACH. FL PLANNING ~ ZONING 0EPARTtWENT MAP REF LM615 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~//~a1 AGENDA ITEM # 10 ~-~ - REGULAR MEETING OF OCTOBER 15, 2002 ORDINANCE NO. 42-02 (AMENDING LDR/PERMIT FEES) OCTOBER 11, 2002 This ordinance is before Commission for second reading and public hearing to amend Section 2.4.3 (K)(2) and Section 2.4.3 (t0(3) of the Land Development Regulations (LDR) to provide for a five percent (5%) increase for building plan check and permit fees. The fees currendy in effect were adopted approximately ten (10) years ago and fees have not increased since that time. The Planning and Zoning Board held a public hearing regarding this item. After discussing this proposal, the Board voted 5-0 to recommend that the proposed amendment be approved, based upon positive findings with respect to LDR Section 2.4.5 (M)(5). At the first reading on October 1, 2002, the City Commission passed the Ordinance No. 42-02 unanimously. Recommend approval of Ordinance No. 42-02 on second and final reading. S'\City Clerk\chevelle folder\agenda memos\Ord 42-02.10 15 02 Permat Fees TO: FROM: SUBJECT: CiTY COMMISSION D(~i~UMENTATION ?"~ ~' ~AU~LL ~AVlD T ~!~.RD EN,.C IT~.~M/~NAG E R C~~OF PLANNING AND ZONING MEETING OF OCTOBER 1,2002 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING BUILDING PLAN CHECK AND PLAN FEES. (LDRs) This amendment is to LDR Section 2.4.3(K)(2) and (3) which outline the current fee schedules for building plan check and permit tasks. The current fee schedule was adopted more than 10 years ago and no increase in fees have occurred since that time. The Community Improvement Department staff researched adjacent municipality fee schedules for similar development activities and determined that an across-the-board 5% increase in fees was justified. This increase would place the City of Delray Beach's fees in the mid range of the municipalities surveyed. Additional background and analysis is provided in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of September 23, 2002. After discussing the amendment, the Board voted 5-0 (Mark Krall and Joseph Pike absent) to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5). I R,ECOMMENDED ~A~TION ' I By motion, approve on first reading, the ordinance amending the Land Development Regulations Section 2.4.3(K)(2) and (3) relating to building plan check and permit fees, based upon the findings and recommendations by the Planning and Zoning Board, and set a public hearing date of October 15, 2002. Attachments: P&Z Board Staff Report & Ordinance by Others DELRAY BEACH 1993 MEETING OF: AGENDA ITEM: PLANNING IG BOARD MEMORADUM STAF F REPORT DI~LRAY BEACH 1993 2001 SEPTEMBER 23, 2002 IV.F. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING BUILDING PLAN CHECK AND PLAN FEES The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) regarding proposed increases to the building plan check and permit fees pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is to LDR Section 2.4.3 (K) (2) and (3) which outlines the current fee schedules for building plan check and permit tasks. The current fee schedule was adopted more than 10 years ago and no increase in fees have occurred since that time. The Community Improvement Department staff researched adjacent municipality fee schedules for similar development activities and determined that an-across the board 5% increase in fees was justified. This increase would place the City of Delray Beach's fees in the mid range of the municipality surveyed. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.3(K)(2) and (3) relating to building plan check and permit fees. Attachment: Proposed Ordinance IV.F ORDINANCE NO. 42-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K)(2) "PLAN CHECK FEES"; AND SECTION 2.4.3(K)(3) "PERMIT FEES", OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of September 23, 2002, and has forwarded the change with a recommendation of approval of a vote of 5-0; and WHEREAS, pursuant to Florida Statue 16.33174(4)(c), the Planning and Zoning Board sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, Administrative Provisions" Article 2.4, "General Procedures", Section 2.4.2, "Plan Check Fees", Section 2.4.3 "Permit Fees", is hereby amended to read as follows: Plan Check Fees: Plan Check fees are required for a project whose proposed construction exceeds $20,000 and when building plans are required by Section 105.3 of the Building Code. A Master Plan Submission Fee of $500 shall be paid when the Master Plan for a project is submitted and is for Plan Review. It is not part of the permit fee and is non-refundable. (3) Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (la) Permits for new building and additions for the following items. Each item requires a separate fee: Building Permit *Electrical Permit *Plumbing Permit *Mechanical Permit *Roofing Permit O) For permit activity valued at $1,000 or less: Minimum fee of $ 3°,,.10 $41.90 Plus ¢4 o ~n $20 35 Plus $25.00 Plus $50.00 .. per required inspection per reinspection (1) each change of contractor For permit activity valued at $1,001 or more: Minimum fee eao of ~,.,~,.10 $41.90 $1,000 Plus $25.00 Plus $50.00 ,~ ..... , $13.95 per each additional of value, or fraction thereof per reinspecfion (1) each change of contractor Permit for miscellaneous items such as driveways, fences, refoofs, pools, utility sheds, patios, sidewalks~, landscaping: For permit activity valued at $1,000 or less: Minimum fee ~c cot. ee Plus ~'1 0 Kn Plus $25.00 Plus $50.00 $29.20 $20.35 per required inspection per reinspection (1) each change of contractor For permit activity valued at $1,001 or more: Minimum fee _c ¢,~ et Plus $25.00 Plus $50.00 $29.20 and cn-~ $10.20 for each additional $1,000 of value or fraction thereof per reinspection (1) each change of contractor Permits for sub trade work including, but not limited to: Site work *Structural Pest Control *Underground Fuel Tanks *General Construction *Subcontracts for General Construction For permit activity valued at $1,000 or less: Minimum fee Plus Plus $25.00 Plus $50.00 $41.90 $20.35 per required inspection per reinspection (1) each change of contractor 2 ORD. NO. 42-02 For permit activity valued at $1,001 or more: Plus $41.90 $27.90 for each $1,000 of value or fraction thereof Plus $25.00 Plus $50.00 per reinspection (1) each change of contractor (m) Drilling or Drive a Potable well: er_n tn , ..... $63.50 (n) Irrigation Systems ¢~r~ ~n , ..... $63.50 plus ¢4~ ~--.,-,° ~ a $12.70 per $1,000 of construction costs above $1,000 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective mediately upon passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this day of ., 2002. ATTEST: MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 42-02