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05-17-11 Regular MeetingCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, May 17, 2011 Regular 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Meeting 6:00 of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to p'm' limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings adjust the amount of time allocated. 7:00 p.m. Delray Beach City xa11 A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W.1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 1. ROLL CALL The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. May 3, 2011- Regular Meeting B. May 10, 2011 -Workshop Meeting 6. PROCLAMATIONS: A• Downtown Development Authority's 40`hAnniversary -May 22, 2011 B. National Safe Boating Week -May 21-27, 2011 C. Recognizing .Tuneteenth - .Tune 19, 2011 D. National Kids to Parks Day -May 21, 2011 E. National Missing Children's Day -May 25, 2011 7. PRESENTATIONS: A. RESOLUTION NO. 18-11: Approve Resolution No. 18-11 recognizing and commending Dolores Egan for 30 years of dedicated service to the City of Delray Beach. B. Update on the Legislative Session -Representative Bill Hager C. Historic Preservation Board Recognition Awards 8. CONSENT AGENDA: City Manager Recommends Approval A. HOLD HARMLESS AGREEMENT/FLORANDA MHP, LLC AND NEW CENTURY EXECUTIVE QUARTERS, LLC/FRANKLIN AT DELRAY BEACH: Approve a Hold Harmless Agreement with Floranda MHP, LLC and New Century Executive Quarters, LLC to install a water main within the Florida Department of Transportation right-of-way for Franklin at Delray Beach located on the west side of S.E. 5th Avenue (South Federal Highway). B. REVISION TO THE CITY'S SPECIAL EVENTS POLICIES AND PROCEDURES: Approve revisions to the City's Special Events Policies and Procedures. C.INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): HILLTOPPER STADIUM: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to provide funding for resodding of HilltoPper Stadium. D. SERVICE AUTHORIZATION NO. 19/SPATIAL FOCUS, INC.: Approve Service Authorization No. 19 with Spatial Focus, Inc. in the amount of $24,775.00 for completing addressing work related to the public safety software implementation and for setting up an Address Reference System, maintenance database, and associated documentation training. Funding is available from 441-5161-536-31.90(Water and Sewer Fund: Water and Sewer Fund: Professional Services/Other Professional Services) and 334-2111-521-31.90 (General Construction Fund: Professional Services/Other Professional Services). E. MODIFICATION TO THE SUB-GRANT AGREEMENT/DIVISION OF EMERGENCY MANAGEMENT/OLD SCHOOL SQUARE WINDOW REPLACEMENT: Approve a Modification to the Subgrant Agreement with the Division of Emergency Management for the installation of 227 impact resistant glass windows at Old School Square to extend the deadline to .Tune 10, 2012. F. CONSULTING SERVICE AUTHORIZATION/PALM BEACH COUNTY PUBLIC ART ADMINISTRATION: Approve a Consulting Service Authorization with Palm Beach County Public Art Administration in the amount of $14,880.00 for administrative support in updating the 2004 City of Delray Beach Public Art Master Plan. Funding is available from 115-1702-579-31.90 Lpecial Projects Fund: Professional Services/Other Professional Services). G. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Approve a special event request to endorse the 6th Annual Spady Heritage Day to be held on August 27, 2011 from noon to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (F) for the closure of N.W. 5th Avenue from Atlantic Avenue to N.W. 1St Street and S.W. 5th Avenue from Atlantic Avenue to S.W. 1St Street, to authorize staff support for security, EMS assistance, fire inspection, clean u~ barricading, City generator use, set up and use of the large mobile stage, and event signage and banners; contingent upon the receipt of a Certificate of Liability Insurance, receipt of letters authorizing use of private property and a hold harmless agreement two ~) weeks prior to the event. H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 2, 2011 through May 13, 2011. I. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Island Air Conditioning in the amount of $17,900.00 for the replacement of two ~) air conditioning units at the Community Center. Funding is available from 334-4125-572-46.10 (General Construction Fund: Repair & Maintenance Services/ Building Maintenance). 2. Contract award to Ovivo USA, LLC in the amount of $29,456.00 for removing and replacing the gear motor unit on Clarifier #2 at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 3. Contract award to Line-Tec, Inc. in the amount of $49,699.00 for the installation of water services at the following locations: S.W. 1St Street, S.W. 3rd Avenue, S.W. 6th Avenue and S.W. 3rd Street for a Water Main Improvement project. Funding is available from 442-5178-536-68.62 (Water & Sewer Renewal & Replacement Fund: Improvements Other/S.W. 3rd Street & 6th Avenue WM Upgrade). 4. Bid award to Simply the Best Charter, Inc. in the annual estimated amount of $35,530.00 for Bus Rental and Driver Service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events and Sport & Dance Competition. Funding is available from multiple Parks and Recreation Department accounts. REGULAR AGENDA: A. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST/SEASIDE:Consider approval of a final plat and a waiver to the Land Development Regulations (LDR) Section 4.3.4 (K~ "Development Standards Matrix", minimum lot depth requirement in conjunction with the creation of a four-lot single family subdivision known as Seaside, located on the north side of Lowry Street, west of Andrews Avenue. (Quasi-Judicial Hearing B. DISTRICT OFFICE LEASE AGREEMENT/CONGRESSMAN ALCEE HASTINGS:Consider approval of a District Office Lease Agreement with the Honorable Alcee Hastings for approximately 689 square feet at City Hall for office space. C. RESCIND DONATION AGREEMENT AND ACCEPT AN ART EXHIBITION AND RIGHT TO PURCHASE AGREEMENT WITH WILLIAM DEBILZAN:Consider rescinding the Donation Agreement and approving an Art Exhibition and Right to Purchase Agreement with William DeBilzan for a sculpture to be installed in Worthing Park. Funding is available from 115-1702-579-31.90Lpecial Projects Fund: Professional Services/Other Professional Services). D. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one ~) regular member to serve an unexpired term ending July 31, 2012 and one (1) alternate member to serve an unexpired term ending .Tiny 31, 2011 to the Financial Review Board. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) for one ~) regular member and Mayor McDuffie (Seat #5) for one ~) alternate member. E. APPOINTMENT TO THE BOARD OF AD.TUSTMENT: Appoint one ~) regular member to the Board of Adjustment for an unexpired term ending August 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Gray Seat #4 . F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to serve an unexpired term ending .Tanuary 14, 2013 on the Code Enforcement Board. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 12-11 (FIRST READING/FIRST PUBLIC HEARING):Consider a city initiated amendment to the Land Development Regulations (LDR) Article 4.4 to add community gardens as a principal use and amending Section 4.3.3, "Special Requirements for Specific Uses", to establish specific regulations pertaining to the development of community gardens. If passed, a second public hearing will be held on .Tune 7~ 2011. B. RESOLUTION NO. 20-11/ CONTRACT FOR SALE AND PURCHASE/5175 N.W. 6TH STREET: Consider approval of Resolution No. 20-11, a contract for sale and purchase, authorizing the City to sell Neighborhood Stabilization Program property located at 5175 N.W. 6th Street to Nicaisse Eloi for the amount of $102,000.00 and provide a subsidy of up to $20,000.00 secured by a promissory note and second mortgage. C. ORDINANCE NO. 16-11: Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 ~), "Community Residential Homes and Group Homes", to remove an out-of-date reference to Section 4.3.3(D~ "Residential and Non-Residential Licensed Services Provider Facilities". D. ORDINANCE NO. 17-11:Consider a city initiated amendment to Land Development Regulations (LDR) Section 4.4.29, "Mixed Residential Office and Commercial (MROC) District", to clarify allowable densities. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MAY 3, 2011 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Angeleta E. Gray in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 3, 2011. 1. Roll call showed: Present - Commissioner Tom Carney Commissioner Fred B. Fetzer Commissioner Adam Frankel Vice-Mayor Angeleta E. Gray Absent - Mayor Nelson S. McDuffie Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Michael McClure with West Park Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Vice-Mayor Gray -Yes; Mr. Carney -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Workshop Meeting of April 12, 2011, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Vice-Mayor Gray -Yes; Mr. Carney -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. Mr. Carney moved to approve the Minutes of the Regular Meeting of April 21, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice-Mayor Gray -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 4 to 0 vote. 05/03/11 6. PROCLAMATIONS: 6.A. National Preservation Month -Mav 2011 Vice Mayor Gray read and presented a proclamation hereby proclaiming May 2011 as National Preservation Month and call upon the people of Delray Beach, Florida, to join their fellow citizens across the United States in recognizing and participating in this special observance. Roy Simon, Secretary of the original Board of Directors for the Delray Beach Historic Society, and Joann Peart, President of the Delray Beach Preservation Trust, came forward to accept the proclamation and gave a few brief comments. 6.B. Knights of Pytha~oras Mentoring Network's Ladies of Distinction Day -Mav 7, 2011 Vice-Mayor Gray read and presented a proclamation hereby proclaiming May 7, 2011 as Knights of Pythagoras Mentoring Network's Ladies of Distinction Day. C. Ron Allen came forward to accept the proclamation and invited the Commission and public to a picnic on Saturday, May 7, 2011 from 2:00-4:00 p.m. 6.C. Travel and Tourism Week -Mav 7-15, 2011 Vice-Mayor Gray read and presented a proclamation hereby proclaiming May 7-15, 2011 as Travel and Tourism Week. Sarah Martin came forward to accept the proclamation and gave a few brief comments. 6.D. National Emergency Medical Services Week -Mav 15-21, 2011 Vice-Mayor Gray read and presented a proclamation hereby proclaiming May 15-21, 20111 as National Emergency Medical Services Week in Delray Beach. Chief Steven Anderson came forward to accept the proclamation and gave a few brief comments. 6.E. National Public Works Week -Mav 15-21, 2011 Vice-Mayor Gray read and presented a proclamation hereby proclaiming the week of May 15-21, 2011 as National Public Works Week. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation. 6.F. Water Reuse Week -Mav 15-21, 2011 Vice-Mayor Gray read and presented a proclamation hereby proclaiming the week of May 15-21, 2011 as Water Reuse Week. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation. 2 05/03/11 7. PRESENTATIONS: 7.A. Recognizing and Commending Dale Medeiros for her multitude of volunteer service hours with the City, local and national organizations Sarah Martin recognized and commended Dale Medeiros for volunteering over 12,000 volunteer service hours with the City of Delray Beach as well as local and national organizations. On behalf of the City of Delray Beach, Vice-Mayor Gray presented a Special Recognition Award to Dale Medeiros for the multitude of volunteer service hours. Dale Medeiros came forward to accept the award and gave a few brief comments. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 19-11: ABANDONMENT OF A UTILITY EASEMENT/1110 WATERWAY LANE: Approve abandonment of a 5' x 100' utility easement on the property located at 1110 Waterway Lane. The caption of Resolution No. 19-11 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE PROPERTY AT 1110 WATERWAY LANE, DELRAY BEACH, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". (The official copy of Resolution No. 19-11 is on file in the City Clerk's 8.B. TRANSPORTATION ENHANCEMENT PROGRAM GRANT PROPOSAL/ PALM BEACH METROPOLITAN PLANNING ORGANIZATION MPO :Authorize submitting a Transportation Enhancement Program Grant Proposal to the Palm Beach Metropolitan Planning Organization (MPO) for beautification improvements along N.E. 2nd Avenue within the Del-Ida Park Historic District. 8.C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)B & O CONSTRUCTORS, INC.: Approve Contract Closeout (Change Order No. 1/Final) to B & O Constructors, Inc. in the amount of a $1,225.21 decrease and a final payment amount of $8,550.31 for completion of the Munnings/Williams House Rehabilitation Project. Funding is available from 334-4851-575-62.89 (General Construction Fund: Buildings; Munnings/Williams Rehabilitation). 8.D. SERVICE AUTHORIZATION 07-05/WANTMAN GROUP/S.W. 10TH AVENUE WATER MAIN UPGRADES: Approve Service Authorization No. 07-OS with Wantman Group in the amount of $48,846.00 for design of a water main 05/03/11 upgrade on S.W. 10th Avenue from S.W. 2nd Street to West Atlantic Avenue. Funding is available from 442-5178-536-68.76 (Water & Sewer Renewal & Replacement Fund: Improvements Other/S.W. 10th Avenue WM). 8.E. AMENDMENT NO. 1 TO THE ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve Amendment No. 1 to the Alternative Water Supply Grant with South Florida Water Management District (SFWMD) to reduce funding from $210,900.00 to $154,800.00 for the Area llB Reclaimed Water System expansion. Funding due to the grant reduction is available from 441-5181-536-65.96 (Water & Sewer Fund: Other Improvements/Reclaim Water Transmission). 8.F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/FIOUSING REHABILITATION CONTRACT AWARDS: Approve two (2) Housing Rehabilitation contract awards for 1414 N.W. 2nd Avenue and 1417 S.W. 4th Street to Citywide Construction Services, Inc., the lowest responsive bidder, in the amount of $58,476.45 for housing rehabilitation grants under the Community Development Block Grant (CDBG). Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.G. HOUSING REHABILITATION BID AWARDS FOR NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Award three (3) NSP Housing Rehabilitation projects through the Community Development Division to CJ Contracting, LLC. in the amount of $34,431.60 for 2216 N.E. 3rd Avenue; All Phase Roofing & Construction, Inc. in the amount of $27,120.45 for 125 N.W. 12th Avenue and to Haywood Construction in the amount of $43,097.25 for 1505 S.W. 3rd Court. Funding is available from 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation). 8.H. ADOPTION OF DELRAY BEACH PEDESTRIANBICYCLE TASK TEAM FINAL REPORT: Approve formal adoption of the Delray Beach PedestrianBicycle Task Team Final Report. 8_I. SPECIAL EVENT REQUEST/AVDA 5K WALK/RUN: Approve a special event request to endorse the 14th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) SK Walk/Run to be held on Saturday, October 15, 2011 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of--way along Ocean Boulevard from Bucida Road to George Bush Boulevard, to waive parking meter fees in the Anchor Park and Sandoway lots from 5:00 a.m. to 11:00 a.m., and to authorize staff assistance for providing traffic control, barricading, signage, trash clean up and removal, City generator use, and set up and use of the small stage. 8.J. SPECIAL EVENT REQUEST/4th OF JULY FESTIVITIES: Approve a special event request for the 4th of July Festivities, including granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of N.E./S.E. 7th Avenue to Ocean Boulevard, and from the 4 05/03/11 south side of Thomas Street to the north side of Miramar on Ocean Boulevard from 2:00 p.m. to midnight; to waive Code of Ordinances Sections 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors; to allow all beach parking lots to remain open until approximately midnight; and to approve staff support for security and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 18, 2011 through Apri129, 2011. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Spearhead Development Group, Inc. in the amount of $102,999.80 for the construction of several sidewalk improvements associated with the Community Improvement Sidewalk Phase II project. Funding is available from 118-1965- 554-63.11 (Neighborhood Services: Improvements - OtherBikepaths/Sidewalks). 2. Purchase award to Sensus USA, Inc. in the amount of $241,500.00 for the purchase of 2,000 one inch and 3/4 inch water meters. Funding is available from 442-5178-536-61.81 (Water & Sewer Renewal & Replacement Fund: Land/Water Meter Replacement Program). 3. Contract award to Foster Marine Contractor's, Inc. in the amount of $1,586,019.82 for the construction of improvements on S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue from S.W. 10tH Street to West Atlantic Avenue. Funding is available from 334- 3162-541-68.04 (General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn/14th Avenue), 448-5461- 538-68.04 (Storm Water Utility Fund: Other Improvement/ S.W. 12th Avenue/Auburn/14th Avenue) and 442-5178-536.68-04 (Water & Sewer Renewal & Replacement Fund: Improvements Other/ S.W. 12th Avenue/Auburn/14th Avenue). Mr. Frankel moved to approve the Consent Agenda, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes; Vice-Mayor Gray -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/VETERANS OF FOREIGN WARS (POST 4141): Consider approval of a conditional use request to allow the Veterans of Foreign Wars (VFW) Post 4141 to establish a fraternal lodge within an 5 05/03/11 existing 2,783 sq. ft. commercial building in the GC (General Commercial) zoning district, located at 802 S.E. 5th Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on Items 9.A. & 9.B. Vice-Mayor Gray asked the Commission to disclose their ex parte communications. Mr. Frankel, Mr. Carney, Mr. Fetzer, and Vice-Mayor Gray had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-095 into the record. Mr. Dorling stated this is a conditional use request to establish a fraternal lodge for Veterans of Foreign Wars (VFW) Post 4141 within an existing 2,783 square foot commercial building in the GC (General Commercial) Zoning District pursuant to LDR Section 2.4.5(E). The property is located on the southwest corner of S.E. 8th Street and 5th Avenue and contains a commercial building with 43 existing parking spaces and associated landscaping. This was developed in 1976 and has been a commercial restaurant use until late November 2010. Mr. Dorling stated the Post has bought the property and proposes to open a fraternal club that was previously located at S.E. 2"d Avenue and East Atlantic Avenue. The hours of operation are proposed to be 11:00 a.m. - 11:00 p.m. seven days a week and the existing seating capacity is approximately 75 persons and the proposed interior seating modifications will increase the seating capacity to 115 persons. The restaurant will be open to the general public for Sunday brunch and Wednesday night dinner. On-site beverage sales will include beer, wine, liquors and sodas. Other on-site activities will include semi-annual thrift sales of donated items, occasional bingo games and other fundraising activities as deemed necessary to provide for the welfare of veterans. The social hall will be rented for special events as needed by the general public. At its meeting of April 25, 2011, the Planning and Zoning Board recommended approval subject to the following conditions: (1) that all activities occur indoors, including but not limited to the semi-annual thrift sale, (2) that either the parking reduction be approved or other alternative parking options be pursued, (3) that any deteriorated landscaping, irrigation systems and landscape island curbing shall be reinstalled to comply with the approved landscape plan for the site. Staff recommends approval. David Schmidt, representing the VFW Post (Applicant), stated they have no problems with the conditions suggested to be imposed by the Planning and Zoning Board and urged the Commission to support the parking reduction. Mr. Schmidt stated for 65 years the VFW has operated downtown with no parking so this is a 6 05/03/11 significant improvement to their situation. Vice-Mayor Gray stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. NIr. Carney asked if the Commission can limit this to this application and not create a parking issue down the road if someone wants to use 100% of the facility. NIr. Dorling stated if significant internal changes were made then staff could revisit that. NIr. Fetzer stated this has been a difficult location for some restaurants that have tried to operate there and he welcomes the change. NIr. Frankel wished the applicant good luck. Mrs. Gray concurs with the rest of the Commission. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). NIr. Carney moved to approve the Board Order (approving the conditional use request subject to the conditions), seconded by NIr. Frankel. Upon roll call the Commission voted as follows: NIr. Fetzer -Yes; Mr. Frankel -Yes; Vice-Mayor Gray - Yes; NIr. Carney -Yes. Said motion passed with a 4 to 0 vote. 9.B. WAIVER REQUESTS/ FRANKLIN AT DELRAY BEACH: Consider approval of four (4) waiver requests associated with the Franklin at Delray Beach development, located on the west side of South Federal Highway, south of S.W. 10th Street and north of the Plaza at Delray, including waivers to Land Development Regulations (LDR) Section 4.3.4 (H)(6)(b), "Special Landscape Setbacks", which requires a 25' special landscape setback along Federal Highway; Section 4.6.9(D)(3)(c)(1), "Stacking Distance", which requires a 50' stacking distance for all driveway connections; Section 6.1.3(B), "Sidewalk Design Requirements", which requires a minimum width of 5' for the internal sidewalks and Section 4.62(B), "Distance between Residential Buildings", which requires a building separation of 79.78' between buildings #6 and #7. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with the applicant and the attorney for 7 05/03/11 Franklin at Delray. Vice-Mayor Gray stated she met with the applicant and the attorney. Mr. Carney stated he met with the attorney. Mr. Fetzer stated he met with the attorney and the applicant. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-017 into the record. Mr. Dorling stated the three waivers and an internal adjustment for distance between buildings for the Franklin project which was a multi-family development was approved on April 13, 2011 by the Site Plan Review and Appearance Board (SPRAB) as part of a Class V application. SPRAB also considered the waivers and the internal adjustment and recommended approval of two of those waivers and the internal adjustment they did not support and recommended denial of the sidewalk waiver. Staff recommends denial of that waiver; the other two waivers and the internal adjustment staff supports. Mr. Dorling stated the project will be located on Federal Highway. The proposal is to demolish the office building and remove the trailers at the Floranda Mobile Home Park and construct a 180 multi-family dwelling unit apartment complex. He stated there are some single family homes and those would be provided with public access. Mr. Dorling stated the first waiver is to LDR Section 4.3.4(H)(6)(b) which requires a 25-foot special landscape setback along Federal Highway and the applicant has provided that 25 foot but the LDRs do not allow encroachment of any physical improvements within that area and the applicant is proposing a decorative picket fence design with an overall height of seven feet located approximately 16 feet from Federal Highway. Staff believes that feature will accentuate the landscaped improvements that they are proposing and feels it is appropriate to allow that encroachment. Mr. Dorling stated the second waiver is to LDR Section 4.6.9(D)(3)(c)(1) which requires a 50-foot stacking distance for all driveway connections including S.E. 12th Road and Federal Highway. He stated in this location the applicant is providing 40 feet versus 50 feet and where there are parking banks internal to the project they are providing approximately 5-6 feet before they have related parking and conflicts. Mr. Dorling stated they have provided rationale that this road is an internal road and it will function with low speeds and conflicts are not anticipated going into these individual parking rows and staff agrees with that. Mr. Dorling stated FDOT requires a 40 foot minimum and the applicant has complied with that but not the City's regulation for 50 feet. Staff supports those waivers for five driveway locations. Mr. Dorling stated staff does not support the waiver which requires a minimum width of 5 feet for the internal sidewalks from 5 feet to 4 feet. Mr. Dorling stated staff feels it would set a precedent because the 5 foot requirement in the LDRs is appropriate. The Site Plan Review and Appearance Board (SPRAB) did not support this waiver and staff does not as well. Mr. Dorling stated the last waiver is regarding an internal adjustment to LDR Section 4.62(B) which requires a building separation of 79.78 feet between buildings #6 and #7. Staff recommends approval of two of the waivers, the internal adjustment, and denial of the waiver for reduction in sidewalk width. 8 05/03/11 Michael Weiner, Weiner & Lynne, P.A., 10 S.E. 1St Avenue, Delrav Beach, FL 33444 (representing New Century), stated this project is the old trailer park in Silver Terrace and it is also the old Executive Quarters. Mr. Weiner stated they are asking for three waivers and an internal adjustment with staff approval on two of those waivers and one of the internal adjustments. Mr. Weiner stated they had a series of designs and one of them was considered too intense because of the commercial component and that one got eliminated along the way and another one was put forward and that one had some difficulties with the placement of the amenities. Mr. Weiner stated it was four stories in height and everyone preferred three stories in height. He stated the site plan did get approved along with the elevations and the landscaping by the Site Plan Review and Appearance Board. Mr. Weiner displayed the site plan, the renderings of the elevations that were approved, and the landscaping that was approved. He stated these have been updated because SPRAB had differences in the roofline, etc. Mr. Weiner stated they have difficulties with respect to the size of the sidewalks. Mr. Weiner stated staff would like a good pedestrian circulation system and they could not accommodate 5 foot sidewalks everywhere. He stated when they tried to do the additional sidewalks they lost opportunities for landscaping. Mr. Weiner stated they meet all the open space requirements but if they tried to make all of these sidewalks 5 feet the opportunities for plantings behind and in front of the buildings would be lost. Mr. Weiner stated under those circumstances they believe it is a superior prof ect to have the 4 foot sidewalks in the areas that they are talking about. He stated 80% of the sidewalks are 4 foot and they went back since the time of the SPRAB meeting; they have increased the five footers and six footers since the time of SPRAB approval and noted the plans will be changed. Mr. Weiner stated it is important to note that you can walk from the most westerly part of the project all the way to the clubhouse and you will be on any major thoroughfare (S.E. 12m Road) on a 6 foot sidewalk and you will be able to make it from the east to the west on a 5 foot sidewalk Mr. Weiner stated with respect to the four elements they have met them with respect to this particular request for a waiver. Mr. Weiner reiterated they have reduced the number of 4 foot sidewalks and the only places they remain is where it means a sacrifice to the aesthetics of the buildings and a sacrifice to this particular project to be able to work in terms of the approvals that have been granted for it. Mr. Weiner urged the Commission to approve the Board Order. Vice-Mayor Gray stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. Aisha Colon, 307 S.E. 12th Road, Delrav Beach, FL 33483, stated when there are building and zoning laws implemented there is a lot of research that goes behind it so when developers come in and ask for special waivers there is a compromise that is being made. Ms. Colon stated as the cars turn in their lights will be shining into her home as well as others if they are granted the right to put plastic or aluminum fencing and not mason walls. She stated these should be 6-8 foot mason walls so that their quality of life is not compromised (i.e. lights from the cars, noise and pollution). On behalf of the tenants of the Floranda Mobile Home Park, Ms. Colon stated they informed her that they were granted notices to leave by the end of May 30th written by Robert Matthias and is dated for the month of November. Ms. Colon stated there is a law in Florida which states 9 05/03/11 that notice cannot go out until the land use development has been granted which was not done until the meeting in January. Ms. Colon stated it would be better for the end of June so that their children can complete their schooling cycle. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delrav Beach stated this is a great project and the City could use $400,000.00. Denise Smerigcio, 1206 South Federal Hi~hway, Delrav Beach, FL (representing her stepmother who could not be present this evening), expressed concern that this notice was handed out too soon and stated it was in January when they actually received official approval for this project. Ms. Smerigcio stated everyone should have been re-informed and handed out proper notices through the legal system so that if anyone wanted to oppose or to research the laws they have time to do so. She stated they did not receive proper notice and for the children's sake June 30th would be a more sufficient enough time for the kids to finish school, pack and move. Ms. Smerigcio stated she objects to the fencing going up along Federal Highway and supports the landscaping versus the fencing. Jim Smith, 1225 South Ocean Boulevard #202, Delrav Beach, FL, 33483, stated he is Chairman of S.A.F.E. an organization dedicated to the safety of pedestrians and bicyclists. Mr. Smith stated a 4 foot wide sidewalk is not wide enough. He stated when you have two people walking on a 4 foot sidewalk and someone is coming in the other direction that is riding a bicycle, someone on rollerblades, a mother pushing a baby carriage, a bicyclist coming behind pedestrians that are walking and emphasized that there is not room enough for public safety. NIr. Smith stated the City Engineer has considered a 6 foot minimum wide sidewalk and urged the Commission to consider a 5 foot wide sidewalk and public safety. Alice Finst, 707 Place Tavant, Delrav Beach, FL 33445, urged the Commission to consider something other than a picket fence and stated it does not seem appropriate for this area. She suggested that a wall or a hedge be put there versus a picket fence so that it will block the lights and the noise of what will be the main road into the subdivision. Mrs. Finst stated you need more space to put up a wall than you do a picket fence and that should be considered into the waiver. Chevelle D. Nubin, City Clerk, swore in the following individual who wished to give testimony on this item. Sonya Woodward, 501 N.W. 4th Avenue, Delrav Beach, FL 33444, stated she walks every morning in the City of Delray Beach and it is very tight on the sidewalk when it is being occupied by bicyclists and people walking their dogs. Ms. Woodward stated many people are out early and urged the Commission to consider 5 or 6 foot sidewalks. 10 05/03/11 Chevelle D. Nubin, City Clerk, swore in the following individual who wished to give testimony on this item. Robert E. Wells, 111 N.W. 11th Avenue, Delray Beach, FL 33444, asked if they will be hiring anyone from the City of Delray Beach for this project. The following individuals gave brief rebuttals: Mr. Dorling stated staff feels that a 5 foot sidewalk is appropriate and that it will provide a safe pedestrian area at the 5 foot dimension. Mr. Dorling stated the Americans with Disabilities Act (ADA) requires that if you have sidewalks less than 5 feet per 200 linear feet that there is a requirement that they provide areas of increased dimensions to provide for the ability for people with wheelchairs, etc. to pass each other. Mr. Weiner stated if they could eliminate this particular waiver and put in the extra one foot of concrete they would do it in a moment. Robert Mathias, New Century, stated they have an attorney that specializes in mobile home law and they have done everything that they should do. He stated he will have to talk to them regarding the June date and is not sure what can be done. He stated they have done everything possible in regards to the sidewalk. There being no one else who wished to address the Commission regarding the waiver requests, the public hearing was closed. Mr. Frankel asked how many will live in buildings #4, #5, and #6. Mr. Weiner stated there are 20 units per building and approximately 60 units between the three buildings. Mr. Frankel asked if this is granting a special privilege and noted he has seen other communities with a 4 foot sidewalk Mr. Dorling stated there were limited 4 foot sidewalks and he does not know the details of the waiver that was granted. Mr. Dorling stated staff does not support reduction in sidewalks. Mr. Frankel asked if it would be better to have a 4 foot sidewalk or no sidewalk. Mr. Dorling stated the applicant is required to have sidewalks because it is in the Code and where it is provided staff believes it should be provided at a sufficient width that it functions appropriately. Mr. Frankel stated there are numerous sidewalks within our city that public safety is much worse than three sidewalks where 20 units each would service. Mr. Frankel stated there are only 20 units so it is not a lot of pedestrian travel and does not believe there will be a lot of activity between buildings #4 and #5. Mr. Frankel stated he does not see this as granting a special privilege, does not feel it is unsafe or diminishes the project, and it does not adversely affects the neighboring area. Mr. Carney asked if this had been a true PUD (Planned Unit Development) does the City sometimes look at those circumstances for a reduction in the widths of roads and sidewalks. Mr. Dorling stated they look at reductions in PUD's and it is usually in lot size or setbacks but he is not aware of pedestrian systems being reduced similarly. Mr. Carney concurred with Commissioner Frankel that they are 11 05/03/11 looking at the extremities coming into the thoroughfare and as they reach the thoroughfare the sidewalks are larger and get even larger. He stated he is a walker and likes the larger sidewalks; however, whether you have to move fractionally to let someone pass by does not bother him. Mr. Carney stated if this were in the middle of the project he would have a different feeling. He asked if the pedestrian traffic would be greater in the center of the project towards the recreation office, etc. than it is on the extremities. Mr. Dorling stated these areas where they provided the additional sidewalks are going to be the heavier traveled areas. Brief discussion between Commissioner Carney, Mr. Mathias, and Mr. Weiner followed. Further discussion followed between Mr. Carney and Mr. Dorling regarding why a 5 foot sidewalk versus a 4 foot sidewalk could not be provided. Mr. Fetzer stated he has been a supporter of this project over the last few years. He stated this is a blighted area that needs redevelopment. Mr. Fetzer concurred with SPRAB and Mr. Dorling that we have a design standard that we have set and we need to stick to it. Mr. Fetzer stated this will set a bad precedent to vary from that and he will not support the waiver for the 4 foot sidewalk. Vice-Mayor Gray stated she is big supporter of sidewalks and asked Mr. Weiner to point out which sidewalks have been changed. Mr. Weiner stated approximately 80% of the sidewalks was 4 foot. Mr. Carney stated this needs to be built and it is going to add a good tax base but at the same time the City has Land Development Regulations and waivers for a reason. Mr. Carney asked if there is a way that they can encroach on some of the landscaping buffers if they did not have to go through the entire hearing process. Mr. Carney stated he does not want to delay the applicant for another 3 months for the 4 foot sidewalk Mr. Dorling stated to provide the 5 foot sidewalks it is a condition of the development approval and does not require the applicant to go through an additional process or additional hearings. Brief discussion followed between Mr. Weiner, staff and the City Commission. Mr. Weiner stated Michael Covelli will meet with Paul Dorling and discuss increasing the sidewalk width to 5 feet for building #6. For the record, the City Attorney stated it is the consensus of the Commission to have an extra condition on the west side of building #6 that if a 5 foot sidewalk could be provided between staff and the developer then be it so provided. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). 12 05/03/11 Mr. Carney moved to adopt the Board Order subject to the five (5) conditions, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Vice-Mayor Gray -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:38 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 12-11: TRANSFER OF PROPERTY AT ZEDER AVENUE: Consider approval of Resolution No. 12-ll authorizing the City to transfer a vacant property located at Southridge Lot 20 Block 10 (Zeder Avenue) to the Community Land Trust (CLT) for affordable housing. The caption of Resolution No. 12-ll is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 12-ll is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. 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. Lula Butler, Director of Community Improvement, stated this item is a request to transfer a vacant lot purchased by the City to the Delray Beach Community Land Trust (CLT). Mrs. Butler stated the City completed its 30 day advertisement of their intent to sell this to them and attached the appropriate contracts and agreements for closing that will need to be executed. The requirement is that the CLT would then have to make this lot a new home available to an eligible household whose income does not exceed 120% of the median income. Staff's recommendation is to approve the agreement to transfer the property to the Delray Beach CLT for the amount of $10.00. Vice-Mayor Gray declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 12-ll, the public hearing was closed. 13 05/03/11 Mr. Carney moved to approve to transfer property at Zeder Avenue to the Delray Beach Community Land Trust (CLT) in the amount of $10.00, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice-Mayor Gray -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 15-ll: Consider amending Chapter 33, "Police and Fire-Rescue Departments"; Section 33.62, `Benefit Amounts and Eligibility", Subsection (E), "Disability Retirement Provisions", Sub-Subsection (5), "Disability Retirement Benefits", to increase the minimum service incurred disability benefit for firefighters; and amending Section 33.64, "Contributions", Subsection (A), "Member Contributions", to increase member contributions for firefighters. The caption of Ordinance No. 15-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE- RESCUE DEPARTMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSECTION (E), "DISABILITY RETIREMENT PROVISIONS", SUBSUBSECTION (5), "DISABILITY RETIREMENT BENEFITS", TO INCREASE THE MINIMUM SERVICE INCURRED DISABILITY BENEFIT FOR FIREFIGHTERS AND AMENDING SECTION 33.64, "CONTRIBUTIONS", SUBSECTION (A), "MEMBER CONTRIBUTIONS", TO INCREASE MEMBER CONTRIBUTIONS FOR FIREFIGHTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-11 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. The City Attorney stated this item was tabled at the last meeting because staff needed to send the proposed ordinance along with the actuarial impact statement to the Division of Retirement and it is his understanding that we have gotten as much of an approval from them as we can possibly get. The City Attorney recommended that staff approve this ordinance. 14 05/03/11 Vice-Mayor Gray declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 15-11, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 15-11 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Vice-Mayor Gray -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:42 p.m., the Commission moved to Item ll.A., the City Manager's response to the prior public comments and inquiries. ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting Mr. Randolph expressed some concern about some things going on in his neighborhood particularly with motorcycles. On the next day, the Police Chief and Sergeant Weatherspoon and Sergeant Scott were briefed on his concerns and met with Mr. Randolph; and since then on the 26m, two individuals were detained for operating off road vehicles on a public roadway and both are from S.W. lOm in our city. The officers are also looking into a suspected drug house in the area. All officers were told to be more visible in the area and reminded to address quality of life issues in addition to criminal activity. The City Manager stated we also got a complaint again about noise from vehicle radios and we have reminded community patrol officers to enforce vehicle noise statutes which are very difficult to enforce since most people lower their volume upon seeing a marked police unit. We will post some signs again although their effectiveness is questionable; and we will also post a message on the Police Department's Facebook and website and continue with traditional enforcement. In addition, Mr. Sclier had a concern about litter across from D & B Tile. We have inspected this area. There is extensive litter on the site; the area's recipient has a lot of trash thrown out of the window by customers of area merchants. The delivery wrappings and refuge from the business on the east side of Congress. The trash is blown west across the avenue and gets stuck in the fence and landscaping. We will be contacting the businesses in the area to ask their cooperation in trying to keep their properties free of litter and debris and we will get this area cleaned up. Also, Ms. Christina Morrison Pearce had concerns about Worthing Park and what we were going to do there. She and some others had gotten the impression from the newspaper coverage that the city was giving away portion of the park. We have clarified with all those that we knew of that had questions about this that the city has approved a plan that would allow for brick pavers across the 22 foot wide section on the south end of the park and 5 feet of that would remain open as a public sidewalk area. The remainder would be available as sidewalk cafe space to adjoining restaurants and they would pay the normal fee. The city is not giving anything away. 15 05/03/11 11.B. From the Public. 11.B.1. Mr. Jim Smith, 1225 South Ocean Boulevard, Delrav Beach, FL 33444, stated after eight years (8) years since presenting its report, the city's pedestrian bicycle task team had given up hope that its plan would be adopted, but tonight the Commission approved it. He thanked the Commission and asked them to not stop there and to establish a permanent pedestrian bike committee. He stated the Metropolitan Planning Organization (MPO) may give double weight to the Pineapple Grove grant application if we have a plan and the Commission has established a committee and urged the Commission to do this. He further discussed implementation of the plan. 11.B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delrav Beach stated three (3) months ago he spoke about the Palm Beach County Property Appraiser's office stating that they estimate a 5% decrease in property values. Last week, according to the Sun-Sentinel, it was re-estimated as a 1-2% decrease. With this amount, we can get by with no increases to taxes and with this decrease and the fact that it is estimated in 2013 that we will begin to take in money again, Commission should stop pushing fora $1.4 million take back from the Sergeants and Police Officers. At this point, the time being7:50 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 16-11: Consider acity-initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (I), "Community Residential Homes and Group Homes", to remove an out-of--date reference to Section 4.3.3(D), "Residential and Non-Residential Licensed Services Provider Facilities". If passed, a public hearing will beheld on May 17, 2011. The caption of Ordinance No. 16-ll is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3 (I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; TO REMOVE AN OUT-OF-DATE REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 16-ll is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. 16 05/03/11 At this point, Mr. Fetzer left the dais. Paul Dorling AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to the LDRs to remove an out of date reference to LDR Section 4.3.3(D) which was repealed by the City Commission on April 5, 2011 via Ordinance No. 10-11. Mr. Dorling stated since the section does not exist anymore pursuant to the actions of the City Commission staff needs to remove this reference. At its meeting of April 25, 2011, the Planning and Zoning Board recommended approval with a 6 to 0 vote (Glickstein absent). Mr. Frankel moved to approve Ordinance No. 16-11 on FIRST Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Vice-Mayor Gray -Yes; Mr. Carney -Yes. Said motion passed with a 3 to 0 vote. 12.B. ORDINANCE NO. 17-ll: Consider a city initiated amendment to Land Development Regulations (LDR) Section 4.4.29, "Mixed Residential Office and Commercial (MROC) District", to clarify allowable densities. If passed, a public hearing will beheld on May 17, 2011. The caption of Ordinance No. 17-11 is as follows: office.) 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 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT"; TO CLARIFY THE MAXIMUM PERMITTED DENSITIES IN THE MROC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 17-11 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance is a housekeeping matter and would clarify allowable densities in the Mixed Residential, Office and Commercial (MROC) zoning district. The introductory statement has been interpreted to mean only densities between 40 and 50 are allowed rather than maximum densities of 40 and 50 depending on the properties proximity to the Tri-Rail Station. Staff stated the current language is confusing and they are adding some language to indicate that these are maximum densities as it relates to the Tri-Rail Transit station. 17 05/03/11 At its meeting of April 25, 2011, the Planning and Zoning Board recommended approval with a 6 to 0 vote (Glickstein absent). Mr. Frankel moved to approve Ordinance No. 17-11 on FIRST Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Vice-Mayor Gray -Yes; Mr. Carney -Yes. Said motion passed with a 3 to 0 vote. At this point, Mr. Fetzer returned to the dais. At this point, the time being 7:53 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. TEMPORARY USE PERMIT/DAUGHTER OF ZION SEVENTH- DAY ADVENTIST CHURCH: Consider a request for a temporary use permit by Daughter of Zion Seventh-Day Adventist Church to erect a tent on a vacant block owned by the Delray Beach Housing Authority (DBHA), located on SW 12th Avenue and 10th Street, from July 7, 2011 to August 13, 2011 to conduct six (6) weeks of nightly services from 7 p.m. to 9 p.m. and community outreach programs on Mondays and Wednesdays from 6 p.m. to 7 p.m. Lula Butler, Director of Community Improvement, stated this is a continuation of the item that the Commission heard at their last regular meeting of a request from the Daughter of Zion Seventh-Day Adventist Church to erect a tent on a vacant lot owned by the Delray Beach Housing Authority located at S.W. 12th Avenue and 10th Street from July 7-August 13, 2011. Mrs. Butler stated the temporary use under the tent is to conduct a six week nightly service from 7:00-9:00 p.m. and community outreach programs on Mondays and Wednesdays from 6:00-7:00 p.m. She stated at the meeting the Commission heard from representatives of the church; however, asked staff to consider talking to the residents to see what they thought. Mrs. Butler stated staff conducted a survey of other municipalities to see how they handle such requests. Staff surveyed the cities of Boca Raton, Boynton Beach, Palm Beach Gardens, Deerfield Beach, and West Palm Beach and all these type of requests are done as special event requests. Mrs. Butler stated the exceptions were the City of West Palm Beach who allows a tent to go up for up to 180 days; the City of Deerfield Beach requires a principal structure to be on the lot in order to have a tent associated with it. Mrs. Butler stated staff did a generic survey of some HOA presidents and none of them opposed a tent; however, they thought the time requested was a little long and they said generally they are up for one week. Therefore, Mrs. Butler stated staff recommends considering this request but limiting it to a seven day period. The City Manager stated the Police Department informed him that historically church events have been anon-issue for them and they do support the community outreach program. The Police Department stated once a decision is finalized by the City Commission they will provide extra patrol and spot vehicles or other assistance as needed. 18 05/03/11 Mr. Frankel stated he appreciates staff's efforts with regard to the survey and supports staff's recommendation to approve the Daughter of Zion request to erect a tent for one week. Mr. Fetzer stated he too supports staff's recommendation to erect the tent for a period of one week. Mr. Carney stated based on staff's analysis he supports staff's recommendation to erect the tent for a period of one week but concurs with Commissioner Fetzer that down the road the Commission look at these types of ministry outreach programs. Vice-Mayor Gray stated she spoke to some of the residents and some were for it and some were against it. She stated she suggested a week long revival because that is what she has known a revival to actually be. Vice-Mayor Gray supports staff's recommendation to erect the tent for one week. Mrs. Butler stated Dorothy Ellington is present this evening on behalf of the Delray Beach Housing Authority because she will have to modify the agreement for the nightly services. Mrs. Butler stated Ms. Ellington is willing to take the agreement back to her Board and the next Board meeting is scheduled for May 19, 2011. Mr. Carney stated normally a permit is for the time of actual operation and does not include setup time. Mrs. Butler stated this is staff's recommendation. Mr. Frankel moved to approve staff's recommendation for the Daughter of Zion request to erect a tent on the Delray Beach Housing Authority property for a period of one week, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Vice-Mayor Gray -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9.D. ASSIGNMENT OF VALET PARKING QUEUE ON N.E. 2~ AVENUE FORMERLY OPERATED BY KYOTO SUSHI: Consider requests to assign the valet parking queue on N.E. 2" Avenue formerly operated by Kyoto Sushi. Scott Aronson, Parking Management Specialist, stated this is assignment of the valet parking queue on N.E. 2"d Avenue (Pineapple Grove Way) operated by Kyoto Sushi from the inception of the program until 2009 at which point they decided to not renew their valet parking application. Mr. Aronson stated the valet queue has been dormant since that time and staff recently received three requests and this is unprecedented in valet parking since he has been here. In 2009, Tramonti's came before the Commission for a request for a valet queue on East Atlantic Avenue in front of their restaurant. Mr. Aronson stated neither the Parking Management Advisory Board nor the City Commission supported additional valet queues on East Atlantic Avenue and offered the N.E. 2"d Avenue queue which at the time did not suit their purposes. Mr. Aronson stated Tramonti's came back to the City in February with a request to re-establish the 19 05/03/11 queue. He stated at that point there were two other interested parties and noted that Tramonti's was the first request received by staff and shortly after that La Solita (occupying the former Kyoto Sushi space) and a third application that was processed through Delray Parking Systems for City Oyster, Rita's, and a third restaurant to soon be proposed. Staff had the three applicants give presentations to the Parking Management Advisory Board (PMAB) at their April meeting which they selected Tramonti's. Subsequent to the Board's action, Ocean City Properties, owner of the center with several restaurants (La Solita, Bru's Room, House of Siam and a restaurant planned for the old Palm Beach Photographic building), has requested a modification to the application from La Solita for the valet queue to be in their name. Mr. Aronson stated there were long deliberations at the Parking Management Advisory Board meeting and concerns raised by the Board with respect to Global parking which was representing La Solita and they are using the old Crossroads parking lot. Mr. Aronson stated the Board expressed concern with people crossing the railroad tracks, the distance that they were traveling, and the route that the applicant was proposing in their application which was railroad avenue along that corridor behind Ocean City Properties where Bru's Room is located. He stated the Board felt that street was heavily pedestrian congested and was not appropriate. Mr. Aronson stated they are also proposing one of the alleys as a method to get back around the block which they also felt was inappropriate in that the alleys get congested, etc. He stated one of the main concerns with Tramonti's application were that twenty (20) parking spaces were what was being offered. The applicant responded that they will get more parking. Staff is seeking City Commission direction in this matter. Mr. Aronson briefly reviewed alternative actions that could be taken if the Commission desires. Mr. Frankel asked who is running the valet queue for the Bru's Room private parking lot. Mr. Aronson stated Global Parking is running the valet queue through Ocean City Properties. Mr. Frankel supports the recommendation of the Parking Management Advisory Board (PMAB) to assign the valet parking queue to Tramonti's. Mr. Fetzer supports the recommendation to assign the valet parking queue to Tramonti's since they were the first to request it and stated he would like to see the Parking Management Advisory Board come up with a policy with how to handle this in the future. Mr. Aronson stated staff has been working on advising the parking agreement to address those pricing issues, etc. Mr. Carney stated he concurs with comments expressed by Commissioner Frankel and Commissioner Fetzer. Mr. Carney stated he supports the Parking Management Advisory Board's recommendation and prices of the valet queues will need to be addressed. Mrs. Gray stated she too supports assigning the valet parking queue to Tramonti's since they were the first applicant to request it. Mr. Frankel moved to approve to assign the valet parking queue to Tramonti's based on the condition that they charge the fees and do the letter as far as working with other restaurants as contained in the staff report, seconded by Mr. Carney. 20 05/03/11 Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Vice-Mayor Gray -Yes. Said motion passed with a 4 to 0 vote. 9.E. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) alternate member to the Green Implementation Advancement Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). Mr. Carney moved to appoint Yalmaz Siddiqui as an alternate member to the Green Implementation Advancement Board to serve an unexpired term ending July 31, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Vice-Mayor Gray -Yes; Mr. Carney -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 8:15 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated at the last meeting a group came and requested a work session with the Commission calling themselves the "Village Elders". He was contacted yesterday by Chuck Ridley and their preference is for a special work session to deal with one subject. The City Manager stated he would like to know how to respond and if the commission would like to do this and how to schedule it. He suggested May 24, 2011. He stated that is an open week. The City Manager stated Commission would need a longer time than the 15 minutes. He asked for direction from Commission. Mr. Frankel stated if we do it for this group we would have to do the same for every group that asks. The City Manager stated they sent an email about what they want to talk about. He referenced the original invite from this group to Commission to attend a meeting set up by them. Mr. Carney asked if it is better to schedule this for a regular session. The City Manager stated this is a self appointed group. Mr. Fetzer stated we need to treat all groups equally and give them opportunity to speak with us. He stated he would like to see more involvement with staff on this Mr. Carney concurred. The City Manager stated that would be a reasonable approach to have them meet with staff first and if issues remain afterwards to schedule a meeting with Commission. Mrs. Gray stated maybe after that takes place they can be brought back to a regular workshop meeting and Commission will have time to ask questions. The City Manager stated we will take that approach and see where it leads. 21 05/03/11 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments and inquiries on non-agenda items. 13.C.2. Mr. Carney Mr. Carney had no comments and inquiries on non-agenda items. 13.C.3. Mr. Frankel Mr. Frankel had no comments and inquiries on non-agenda items. 13.C.4. Vice - Mayor Gray Mrs. Gray thanked everyone who came out to the "Boys Today Men Tomorrow Mentoring Program" fundraiser. It was a success and approximately 96 people attended. There being no further business, Vice-Mayor Gray declared the meeting adjourned at 8:19 p.m. City Clerk ATTEST: VICE MAYOR 22 05/03/11 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 May 3, 2011, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 23 05/03/11 IN THE CITY COMMISS[ON CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO ALLOW CONVERSION OF A 2,783 SQUARE FOOT RESTAURANT TO A FRATERNAL LODGE FOR VFW POST 4141 AT THE SOUTHWEST CORNER OF SE 8Y" STREET AND SE 5T" AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on May 3, 2011. The conditional use request is to allow conversion of a 2,783 square foot restaurant to a fraternal lodge for VFW Past 4141 at the southwest corner of SE 8~h Street and SE 5f" Avenue. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of VFW Post 4141. All of the evidence is a part of the record in this case. Required findings are made in Sections 1 and Il below. I. COMPREHENSIVE PLAN A. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of General Commercial (GC) and a zoning designation of General Commercial (GC), which are consistent with one another. Pursuant to LDR Section 4.4.9(D){5), Frafernal Lodges are allowed as a conditional use within the GC zoning district. Are the requirements of the Future Land Use Map met? Yes / No B. 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. 1 City Commission Meeting on May 3, 2011; Item 9.A. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes / No C. Consistency: Compliance with performance standards set forth in Chapter Three and required findings in LDR Section 2.4.5{E) (5) far the Conditional Use request shall be the basis upon which. a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the Objectives and Policies of the adopted Comprehensive Plan was conducted and no applicable Objectives or Policies were found. Are the consistency requirements met such that the proposed project is complementary to and compatible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identified points of conflict? Yes / No II. LDR REQUIREMENTS A. Section 2.4.5(E}(5} requires certain findings: The conditional use will not: 'l. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Wil! Section 2.4.5(E}(5) be met? Yes / No B. LDR Section 4.4.9(D}(5} -Fraternal Lodges: Pursuant to LDR Section 4.4.9(D){5), Fraternal Lodges are allowed as conditional uses provided that the use does not exceed 3,50D sq. ft. of gross floor area. The proposed use will occupy 2,78 sq. ft. of gross floor area. Are the requirements of Section 4.4.9(D){5} met? Yes / No 2 City Commission Meeting on May 3, 2011; Item 9.A. C. LDR Section 4.4.9{H}{~) -Separation Requirement: Pursuant to LDR Section 4.4.9(H)(5}, no clubs and lodges (social, fraternal and recreational) or church or places of worship shall be located closer than seven hundred fifty feet (750') from another such fiacility measured from lot line to lot line boundary along a straight airline route. The location of the proposed fraternal lodge is not within 750' of another such facility. Are the requirements of Section 4.4.9(H)(5) met? Yes / No D. LDR Section 4.6.9(C}{6){d} -_ Parking: Pursuant to LDR Section 4.fi.9(C)(6}(d}, Parking for clubs and lodges shall be one (1 } space for every four (4) seats or one (1 } for every 50 sg. ft. of dross floor area,. whichever is greater. Based upon a seating capacity of 1'15 persons, the parking requirement would be twenty-nine (29} spaces. Based upon the existing 2,783 sq. ft. of. gross floor area, the parking requirement would be fifty-six (56) parking spaces. Since forty-three (43) spaces exist on-site, there would be a thirteen (13} space parking deficiency, if the greater of the calculations is utilized as indicated. The applicant is requesting a special action parking reduction consideration pursuant to LDR Section 4.6.9(F)(1 }. The applicant is requesting a reduction in parking based upon special documentation that demonstrates that a reduced number of parking spaces will accommodate the specific use. It is noted that the building layout has an inordinately high area of non-public space (non-meeting space) totaling approximately 50% (1,392 sq. ft.} of the gross floor area. If only the meeting space was assessed, the one (1} space per 50 sq. ft. requirement of twenty- eight (2$) spaces would be similar to the alternative calculation of one (1 } space far every four (4) seats (29 spaces). As the intent of the one (1) space per 50 sq. ft. calculation is to accommodate open assembly areas where chairs would be set up (rather than conventions[ seating arrangements as proposed), it is reasonable to apply either the fixed seating count of twenty-nine (29) spaces or the reduced sq. ft. of actual meeting area (27 spaces) in this scenario. Are the requirements of Section 4.6,9(C)(6)(d) met? Yes / No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the fads contained 3 City Commission Meeting on May 3, 2011; Item 9.A. in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves / denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this 3rd day of May 2011, by a vote of ~ in favor and 0 opposed. Angeleta ray, Vice-Mayor TTEST~ „ ~ a~ Chevelle Nubin City Clerk 4 City Commission Meeting on May 3, 2011; Item 9.A. EXHIBIT "A" Conditions Related to VFW Post 414'[ 1. That all activities occur indoors, including but not limited to the semi-annual thrift sale. 2. That either the parking reduction be approved or other alternative parking options be pursued. 3. That any deteriorated landscaping, irrigation systems and landscape island curbing shall be reinstalled to comply with the approved landscape plan for the site. 1 City Commission Meeting on May 3, 2011; Item 9.A. 1N THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTSIINTERNAL ADJUSTMENT FOR FRANKLIN AT DELRAY BEACH PROJECT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests and internal adjustment regarding the Franklin at Delray Beach project have come before the City Commission on May 3, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver roquests and internal adjustment for the Project. All of the evidence is a part of the record in this case. I. Waivers. Pursuant to LDR Section 2.4.7{B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) shall not adversely affect the neighboring area; {b} shall not significantly diminish the provision of public facilities; {c) shall not create an unsafe situation; and {d) does not result in the grant of a special privilege in that the samo waiver would be granted under similar circumstances on other property for another applicant or owner. Special.Landscape Setback. Per LDR Section 4.3.4{H)(0){b}, a 25-foot special landscape setback is required along Federal Highway. Within this special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage, The proposed decorative fence encroaches into #his required special [andscape setback. Should a waiver to Section 4.3.4(H)(6){b) be granted to modify the special landscape setback? Yes / No 1 City Commission Meeting on May 3, 2011; Item 9.B. Stacking Distance. Per LDR Section 4.6.9(D)(3)(c)(1), a 50-foot stacking distance is required for all driveway connections including SE 12t~ Road and ~edera! Highway. The proposed stacking distance from F=ederal Highway is 40 feet. The proposed stacking distances along SE 12t~' Road are 5.75 feet, 5.$5 fleet, 6.65 feet, and 6.80 feet. Should a waiver to Section 4.6.9(D)(3)(c)(1) be granted to modify the stacking distance? Yes / No Sidewalk Width. Per LDR Section 6.1.3(6), the minimum width of the sidewalks internal to the project is 5 feet and 4 feet is proposed. The applicant has requested a waiver from this requirement. Should a waiver to Section 6.1.3(6) be granted to modify the sidewalk width? Yes / No II. Internal Adjustment. Pursuant to LDR Section 2.4.7(C)(5), prior to granting an internal adjustment, the approving body shall make a finding that the granting of the internal adjustment is consistent with the following: "Concurrent with granting relief from a development standard or regulation, the granting body must find that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result." Distance Between Residential Buildings. Per LDR Section 4.6.2(6), the minimum required horizontal distance between buildings #6 and #7 is 79.7$ feet and 56.75 feet is proposed. The purpose of this requirement is to provide for adequate distance between structures to allow for light, air, and open space. It is also intended to provide far aesthetically pleasing design relationships among buildings for townhouse, apartment, or condominium residential development. 2 City Commission Meeting on May 3, 2011; Item 9.B. Should an internal adjustment to Section 4.6.2(6) be granted to modify the distance between residential buildings? Yes / No 3. The City Commission has appiied the Comprehensive Plan and t_DR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantiai evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves / denies the waiver requests, subject to the conditions listed in Exhibit "A", attached hereto, and hereby adopts this Order this 3rd day of May, 2011, by a vote of 4 in favor and 0 opposed. ATTEST: ~~ ~~ ,, Chevelle Nubin, City Clerk GL~~- Angeiet Gray, Vice- Mayor 3 City Commission Meeting on May 3, 2011; Item 9.B. EXHfBIT "A" 1. That the sidewalk on the west side of Building #6 be increased from 4' to ~' in width if it can he accomplished as determined by City staff and the Developer. 4 City Commission Meeting on May 3, 2011; Item 9.B. WORKSHOP MEETING MAY 10, 2011 A Workshop Meeting of the City Commission of the City of Delray Peach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, May 10, 2011. Roll call shod: Present - Commissioner Thomas F. Carney, Jr. Commissioner Fred P. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - Robert Parcinski, Assistant CityNlanager Prian Shutt, City Attorney Chevelle D. Nubiry City Qerk Mayor Nelson S. McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. DELRAY BEACH MARKETING COOPERATIVE 1ST AND 2ND QUARTER MARKETING REPORT Ms. Sarah Martin, Executive Director, Delray Peach Marketing Cooperative (DPMC), discussed the DPMC's first and second quarter marketing reports highlighting several events that had taken place, marketing collateral, as well as advertising and publicity. In addition, she discussed the marketing summaries for both quarters. Mayor McDuffie stated at the end of the Ped Race this year, someone from Pineapple Grove approached him and stated they would not be able to hold the event again due to sponsorships, etc. He asked Ms. Martin if there is something we can do to assist them. Mrs. Gray asked if S.W. 5~ Avenue will be included in December's Art & Jazz event. Ms. Martin stated gospel is planned for the area Mr. Fetzer stated he is thrilled to see all that has been accomplished He asked where do we stand now with the DPMC and the Downtown Development Authority (DDA) regarding the split of responsibilities. Mr. Frankel stated he likes what the DPMC is doing now and mentioned Art & Jazz. He asked Ms. Martin if there were any updates regarding the virtual kiosks. Ms. Martin discussed the meeting she had with city staff and the status of the project. 2. DELRAY BEACH MARKETING COOPERATIVE - MARKETING PLAN SUMMARY Ms. Martin, DPMC, stated they had an offsite staff meeting to discuss what would be the best use of partner as well as the DPMC dollars. She stated they developed five (5) strategies and their mission statement. This is also the time they decided to change their name. Ms. Martin outlined the marketing plan and stated the focus will be "Destination Marketing". She also discussed events, marketing programs, and their plan to assist DP MC partners with their goals. Mr. Fetzer asked if the definitions of what the DPMC and DDA do are clear now He stated both organizations are doing a great job for Delray Peach and he wants to make sure there is no overlap. Mts. Gray asked if the Downtown Development Authority will give a presentation to the Commission soon. Mrs. Marjorie Ferrer stated it will be in July or August. Mr. Frankel stated he has been appointed to the Palm Peach County Tourism Development Council and referenced their focus. He stated he would like to see dollars made available by the TDC to the south end of the county and asked Ms. Martin to let him know if they need help with anything. Ms. Martin asked for Commission feedback on the DPMC plan. Mayor McDuffie stated this is working well and mentioned Art & Jazz. He thinks it is good that the DPMC is looking at the events and coming up with new ideas. He congratulated everyone. 3. ALTERNATIVE FLOOR PLAN FOR LITTLE FENWAY PARK CONCESSION BUILDING AT ROBERT P. MILLER PARK Mr. Richard Hasko, Environmental Services Director, discussed the background information provided in the cover memo and stated Ducky Dent has decided after careful thought to withdraw from the project and they have offered a small donation He stated the staff asked Jose to take another look at the building and introduced Jose Aguila, Currie Sowards Aguila Architects, who discussed the original and new site plans for the project. He outlined the original and new floor plan (the new plan is 150 feet larger) and discussed the roof and 2nd floor plan. In addition, he discussed the original and new elevations. Mr. Robert Parcinski stated the City Manager is looking for direction from Commission and he favors the new plan over the original one. Mr. Parcinsld stated ~ currently have $500,000 budgeted for this in this year's Capital Improvement Program (CID). Mr. Fetzer asked for which year do ~ have funding allocated and stated he is disappointed to hear Ducky Dent withdrew He stated he would like to have a better idea as to why did Ducky Dent withdrew from this project. Mr. Hasko and Mr. Aguila stated it was economic. Mr. Fetzer stated he would like to see this be a quality facility typical of Delray Peach and asked Mrs. Linda Karch for her take on this facility. Mrs. Karch stated she would like to see the project get completed Mr. Frankel asked what people are complaining, discussed the facility and the donation He asked how are ~ with our budget. Mr. Parcinsld stated the City 1\ilanager is w~rldng on a mid year budget. Mr. Frankel stated he would like to know where we are with this year's budget before approving this. Mr. Jose Aguila discussed Plan P for the facility as an alternative at a lour cost. May 10, 2011 Mr. Frankel stated if w~ decide that only the city is paying for this and if w~ can save money he will be more in favor of this. Mr. Hasko discussed the dimensions regarding Plan P. He stated this reduces the cost w~ will incur because of the excavation we will have to do due to the former landfill use of the project. Mts. Gray stated she is glad to see the new plan and that it is in the budget for this year. She discussed the donation and naming rights. She stated she wants to make sure that this will have to come back before Commission for approval and that it is not a done deal at this point. She believes the city should have control over all of its fields and w~ need to be fair to all organizations. Mr. Carney stated he has noticed that there have been a lot of capital improvements we have not done and asked why we think spending $500,000 for this project now is a good thing to do. He mentioned the donation and stated the design is great. He asked what revenue do w~ receive when organizations use the facility; for whose benefit are w~ building this. He stated he is trying to understand what the direct economic benefit for this expenditure is. He continued to discuss the field Discussion continued between staff and Commission Mr. Hasko discussed how w~ base the annual administration of the program. Mayor McDuffie stated there are some things that could bring revenue if this is built. He discussed fantasy baseball camps, etc. In addition, this is heads and beds for Delray Peach if this happens. He stated w~ built the soccer complex and Hilltopper and we do not charge anyone to use these facilities either. He stated he agrees that this is a lot of money. Mayor McDuffie discussed Plan P and stated this is what w~ need to build ultimately on this site. He stated Commission needs to decide if we want to fund this. He discussed naming rights and donations. It was the consensus of the Commission that they like Plan P with the width; but are concerned with the dollar amount in view of not knowing where we are with mid year and once they know that will make a decision on whether this is a priority in comparison with other things. Mr. Fetzer stated we should see where w~ stand at midyear and this may need to be scaled back further. Mayor Nelson S. McDuffie adjourned the Workshop Meeting at 7:22 p.m. City Clerk ATTEST: MAYOR May 10, 2011 The tmdersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Workshop Meeting of the City Commission held on Tuesday, May 10, 2011, which NTinutes were fom-ially approved and adopted by the City Commission on 17, 2011. City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. May 10, 2011 WHEREAS, Delray Beach Downtown Development Authority (DDA), a dependent taxing district, was established in 1971 in response to Resolution No. 09-71 which requested that a special act be passed by the State Legislature; and WHEREAS, the Department of Transportation had advised the City that all future parking would be removed from Atlantic Avenue; and WHEREAS, the DDA addressed the deteriorated downtown area created by the lack of parking and was the first taxing district created by the citizens to address the parking concerns with local merchants; and WHEREAS, the DDA evolved within its first decade and was influential in passage of bond referendum in collaboration with the Chamber of Commerce and the City to provide funding for many downtown improvements including landscape materials, benches, street amenities, parking lots and car stops; and WHEREAS, in 1994 the boundaries of the DDA district expanded to include the area along Atlantic Avenue from the Intracoastal Waterway to A1A following a referendum election. In 1998 another election was held to expand the district west along Atlantic Avenue to I-95; and WHEREAS, the DDA shared the City's vision of the Pineapple Grove Main Street program and the Cluster Study which revitalized Pineapple Grove into a vibrant community with a heavy emphasis on the arts; and WHEREAS, the DDA continues to play a vital role in the City's downtown redevelopment by fostering positive business development, advocating clean, safe streets and functioning as a buttress for financial revitalization within the Downtown Development Authority district; and WHEREAS, for more than a decade the DDA has aligned with the Responsible Hospitality Institute (RHI) in creating Clean & Safe programs for living downtown responsibly; and WHEREAS, in 2003, the City Commission gave the DDA the task of marketing the downtown DDA district, and shared responsibility of the Clean & Safe program which was coordinated by the City and the Community Redevelopment Agency; and WHEARAS, today the DDA continues to promote its district with emphasis on the thousands of business constituents within its boundaries, to ensure the success of the economic engine working to keep the district healthy and successful. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 22, 2011 as: DOWNTOWN DEVELOPMENT AUTHORITY 40th YEAR ANNIVERSARY in the City of Delray Beach and urge all citizens of Delray Beach to recognize Downtown Development Authority's spirit of community action to develop the downtown DDA district. 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 17th day of May, 2011. NELSON S. McDUFFIE MAYOR WHEREAS, this is the 53`a year for "National Safe Boating Week" founded in September of 1958; and WHEREAS, the National Safe Boating Council, Inc along with the support of 330 groups and organizations, 65% of which are volunteers, devote their timeless efforts in the pursuit of safe recreational boating practice and procedures; and WHEREAS, the U.S. Coast Guard Auxiliary Flotilla 36 of Boca Raton recognizes and is a participant in "National Safe Boating WeeK'; and WHEREAS, recreational boating is fun and enjoyable, and w~ are forttn~ate that w~ have sufficient resources to accommodate the wide variety of pleasure boating demands. Howwer, our waterways can become crowded at times and be a place of chaos and confusion; and WHEREAS, while being a marvelous source of recreation, boating can be a risky sport to the unprepared Not knowing or obeying the Navigation Rules, the nautical "Rules of the Road," drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of human error or a lack of proper judgrnertt; and WHEREAS, wearing life jackets can reduce by approximately 80% the number of boaters who lose their lives by drowning each y~aar; and WHEREAS, on average, 700 people die each year in boating-related accidents in the U.S. and nearly 70% of these are fatalities caused by drowning; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they wpm their lifejackets; and WHEREAS, if people are aware of the risk, they are likely to take the precautionary measures to protect themselves, their friends and their family. That is why w~ must continue to spread the messages of boating safety not only during National Safe Boating Week but also throughout the entire year. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayer of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of May 21 - 27, 2011 as: NATIONAL SAFE BOATING WEEK in Delray Beach, Florida, and encourage all citizens to support the goals of the National Safe Boating Campaign and U.S. Coast Guard Auxiliary and start the year-round effort to promote safe boating and urge all those who boat to "Always Wear Your Life Jacket! Wear It." and practice safe boating habits. IN WITNESS WHEREOF, I have hereunto set myhand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17`h dayof May, 2011. NELSON S. McDUFFIE MAYOR WHEREAS, Juneteenth is the oldest known celebration commemorating the ending of slavery in the United States; and WHEREAS, the Emancipation Proclamation, an Executive Order of President Abraham Lincoln, which in substance, ended the practice of slavery in the United States, was made effective as of January 1, 1863; and WHEREAS, the Emancipation Proclamation was difficult to enforce in Texas due to the small number of Union troops available; and WHEREAS, it was not until June 19, 1865, when Union soldiers, led by Major General Gordon Granger, landed at Galveston, Texas confirmed the end of the Civil War and enforced the Emancipation Proclamation; and WHEREAS, One-Love One Community Foundation, Inc., a Florida not for profit corporation ,desires to share the history of Juneteenth with the residents of the City of Delray Beach and promote its objectives of education and self- awareness for the African American community; and WHEREAS, the second annual Juneteenth Festival in the City of Delray Beach shall be held on June 18, 2011, at Old School Square, with an official theme of "Celebrating Freedom". NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the June 19, 2011 as: JUNETEENTH in Delray Beach, Florida and urge all residents to attend the Juneteenth Festival and to embrace and welcome all that it offers. 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 17th day of May, 2011. NELSON S. McDUFFIE MAYOR WHEREAS, May 21St is the first National Kids to Parks Day organized and launched by the National Park Trust; and WHEREAS, National Kids to Parks Day empowers kids and encourages families to get outdoors and visit Arrierica s parks; and WHEREAS, it is important to introduce a new generation to our nations parks because of the decline in park attendance over the last decades; and WHEREAS, we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and WHEREAS, National Kids to Parks Day is open to all children and adults across the country to encourage a large and diverse group of participants; and WHEREAS, National Kids to Parks Day will broaden children s appreciation for nature and the outdoors; and NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 21, 2011 as: tv~rrotv~~ x,r~s ro ~~zxs ~Y in the City of Delray Beach and urge all residents to make time May 21St to take the children in their lives to a neighborhood state or national park 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 17th day of May, 2011. NELSON S. McDUFFIE MAYOR WHEREAS, according to the U.S. Department of Justice, in one year there were an estimated nearly 800,000 children missing; and WHEREAS, on average, an estimated 2,200 children are reported missing to law-enforcement agencies daily; and WHEREAS, 58,200 of these children are victims ofnon-family abductions and more than 200,000 are the victims of family abductions; and WHEREAS, the National Center for Missing & Exploited Children© (NCMEC) exists as a resource to help prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and professionals who serve them. The National Center for Missing & Exploited Children's recovery rate has grown from 62% in 1990 to 96% of domestically missing children, but too many children still remain among the missing; and WHEREAS, the City of Delray Beach urges the participation of local government, law enforcement, schools, community-based organizations, and families in the protection and education of all individuals about child abduction and sexual exploitation, appropriate protective measures, and ways to respond and seek help from law enforcement, social services, and the National Center for Missing & Exploited Children; and WHEREAS, this special day is a time to remember those children who are missing and give hope to their families. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 25, 2011 as: N,4TION~,4L MISSING C}fIL~UR~N'S DIY in Delray Beach and encourage all individuals to take 25 minutes to help children stay safer. 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 25th day of May, 2011. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: David T. Harden, City Manager DATE: Apri122, 2011 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF MAY 17, 2011 RESOLUTION NO. 18-11 ITEM BEFORE COMMISSION Resolution honoring Dolores Egan for 30 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Dolores Egan, Accounting Specialist, achieved this milestone on May 5, 2011. RESOLUTION NO. 18.11 A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF DELRAY PEACH, FLORIDA, RECOGNIZING AND CONII~~NDING DOLORES EGAN FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY PEACH. WHEREAS, Dolores Egan was hired by the City of Delray Beach on May 5, 1981; and on May 5, 2011 reached a milestone in her career, having achieved thirty (30) years of full-time service with the City; and WHEREAS, during the past thirty years Dolores Egan has served this community with honor and distinction as Clerk Typist III in the City Clerk's Office; and Data Recorder, Accounting Clerk I, Accounting Clerk III, Senior Accounting Clerk and Accounting Specialist in the Finance Department; and WHEREAS, On May 5, 2011, she reached a milestone in her career, having achieved thirty years of full time service with the City; and WHEREAS, Dolores has been a dedicated and professional employees whose work ethic is above reproach, who has approached her duties with a positive attitude, always striving for excellence in herself; and WHEREAS, we acknowledge Dolores's extensive knowledge of state tax regulations, contracts and research abilities and appreciate her willingness to go above and beyond to serve the citizens of Delray Beach; and WHEREAS, the City of Delray Beach and the Delray Beach Finance Department are honored to have had Dolores Egan as a valued member of the municipal team over the past 30 years and she is greatly appreciated by her co-workers and the entire city staff. 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 Peach hereby recognizes and commends Dolores Egan for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Dolores Egan for her many years of excellent service, and wishes her the best of health and happiness in her continued employment with the City. PASSED AND ADOPTED in regular session on this the 17th day of May 2011. MAYOR ATTEST: CITY CLERK PRESENTED TO Dolores M. Egan As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Finance Department May 5, 2011 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 11, 2011 SUBJECT: AGENDA ITEM 7.C. -REGULAR COMMISSION MEETING OF MAY 17, 2011 2011 HISTORIC PRESERVATION BOARD AWARDS ITEM BEFORE COMMISSION The Historic Preservation Board (HPB) selected the winners for the 6th Annual Award Recognition Program at its regular meeting of April 20, 2011. The awards are given to those property owners and their design teams who have significantly contributed to the preservation and rehabilitation of historic properties throughout the city, or provided compatible new development within a historic district. Eligible projects are those that were approved by the Board and issued Certificates of Occupancy within the last year. These awards will be presented to the recipients listed below during this City Commission meeting. The design categories and recipients for this year include: NEW SIGNAGE 44 East Atlantic Avenue, Old School Square Historic District MURAL St. Paul's Episcopal Church, Paul's Place, Old School Square Historic District EXTERIOR ALTERATIONS 222 SE 7th Avenue, Marina Square Historic District 255 North Swinton Avenue, Old School Square Historic District RESIDENTIAL ADDITIONS, RENOVATIONS, AND RESTORATIONS 138 NE 1st Avenue, Old School Square Historic District 702 SE 2nd Street (fka 200 Marine Way), Marina Historic District MULTI-FAMILY/COMMERCIAL ADDITIONS, RENOVATIONS, AND RESTORATIONS 135 NE 1st Avenue, Old School Square Historic District 44 East Atlantic Avenue, Old School Square Historic District SINGLE FAMILY RESIDENTIAL NEW CONSTRUCTION 704 SE 2nd Street, Marina Historic District COMMERCIAL NEW CONSTRUCTION 251 Dixie Boulevard, Del-Ida Park Historic District PRESERVE DELRAY AWARD In 2009, the Historic Preservation Board (HPB) added an additional award category, "Preserve Delray Award", in response to the City's recent designation as a Preserve America Community. This category will annually recognize property owners who continually preserve their significant piece of Delray Beach history. The award is divided into residential and multi-family/commercial categories. RESIDENTIAL 19 Andrews Avenue, The Scott House, Individually Designated MULTI-FAMILY/COMMERCIAL 401 NE 2nd Avenue, Del-Ida Park Historic District MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 9, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MAY 17, 2011 HOLD HARMLESS AGREEMENT / FLORANDA MHP, LLC AND NEW CENTURY EXECUTIVE QUARTERS, LLC ITEM BEFORE COMMISSION Request Commission approval and authorize the Mayor to execute a Hold Harmless Agreement for work performed within the State right-of-way, with Floranda MHP, LLC and New Century Executive Quarters, LLC, for the development to be know as Franklin at Delray Beach. BACKGROUND Franklin at Delray Beach will be located on the west side of S.E. 5th Avenue (South Federal Highway), north of Linton Boulevard and approximately two blocks south of S.E. 10th Street. Proposed improvements include connection to an existing water main within the State right-of-way on S.E. 5th Avenue. As a result, a permit from the Florida Department of Transportation (FDOT) is required. Since the City will be maintaining that part of the service within the FDOT right-of-way, FDOT requires that the City sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within FDOT right-of-way by Franklin at Delray Beach. RECOMMENDATION Staff recommends approval. HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this day of 2011 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and Floranda M~Il', LLC and New Century Executive Quarters, LLC, (hereinafter referred to as "DEVELOPER") WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of--way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of--way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of--way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of--way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, 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. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of--way and as more particularly shown on the engineering plans submitted for the development known as Franklin at Delray Beach. 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit ..A.. 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor 3 WITNESSES DEVELOPER: Floranda MHP, LLC and New Century Executive Quarters, LLC By: David Bi~~s, Managing Member_ (Print or Type Name) (Print or Type Name) Address: 1030 South Federal HighwaX (Print or Type Name) Suite 100 Delray Beach, FL 33483 Phone: 561-272-2800 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing it 200_ by officer or agent) of acknowledging), a of the corporation. an oath. ,trument was acknowledged before me this day of (name of officer or agent, title of (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 and did (did not) take Signature of Notary Public- State of Florida 4 RULE 94-46 STATE OF FLORIDA DEPARTMENT OE TRANSPORTATION FORM 71U-09485 UTILITY PERMIT OGCTIL10107 P1;RMIT NO.: S1rCTION N0.:93t1'ID• STATi= ROAD 5 COUNTY Palm Beach FDOT construction is proposod or undorway. ^ Yes ®No Financial Project 1D; Is this work refafed to an approved Utility Work Schedule? ^ Yes ®No If yes, Document Number: PERIVIITTEE: City of Defray Beach ADDRESS: 434 S. Swinton Avenue _ TELL=PHONE NUMBER: (561) 243 - 7336 CITYISTATElZIP: AetrayBeacl~,FL 33494 The above PERMITTEE requests permission from the Stale of Florida Department of Transportation, heroinaffor called the FDOT, to construct, operate and maintain the following: 8" DI watermain, 8" GV FROPIf: 70: Submitted for the PERfV1iTTEE by: Name and Company (Typed or Printed Legibly) Contact Information AddresslTe[ephonelE-Mail (if applicable) Signature Date Jeffrey T. Schnars, PE, Schnars Engineering Cvrporaiion 949A Clint Moore Road, Baca Raton, FL 334$7 1. The Permittee declares that prior to filing ibis application, the location of all existing utilities that it owns or has an interest in, both aortal and underground, are accurately shown on the plans and a Fetter of naiification was mailed on see attached to the following utilities known to be involved or potentially impacted in the area of fhe proposed installation: FP&L. RT&T. Florida Public Utilities, Comcast. City of Delray Beach 2. The local Maintonance or Residont Engineer, hereafter referred #o as the FDOT Engineer, shall be notified a minimum of forty eight (48} hours in advance prior to starting work and again immediately upon completion of work. The FDOT's Engineer is located at Telephone Number .The Permittee's employee responsible for MOT is Telophone Number .(This name may be provided at the time of the forty eight (48) hour advance-notice prior to starting work). 3. All work, materials, and equipmen# shall be subject to inspection and approval by the FDOT Engineer. 4, All plans and installations shall conform to the requirements of the FDOT's UAM in effect as of the date this permit is approved by FDOT, and shall be made a par# of this permit. This provision shall not limit fhe authority of the FDOT under Paragraph 8 of this Permit. 5. This Pem3ittee shaft commence actual construction in good faith within 90 daysafterissuanceafpermit,andshallbecompletedwithin 180 days of#er the permitted work has begun. If the beginning date Is more than sixty (60) days from the date of permit approval, the Perniitfee must revietiv the permit with the FDOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. ti. The construction and maintenance of such utility shall not interforo with the property and rights of a prior Permittee. 7. It is oxprossly stipulated that this permit is a lieonse for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any properly right in said holder, except as provided in executed subordination and Railroad Utility Agreements. 8. Pursuant to Section 337.403(1 }, Florida Statues, any u#ility placed upon, under, aver, or along any public road or publicly owned ref I corridor that is found by FDOT to be unreasonably interfering in any way with the convenient, safe, ar continuous use, or maintenance, improvement, extension, or expansion, of such public road ar publicly ownod rail corridor shalt, upon #htrfy (30) days written notice to the utility or its agent by FDOT, be removed or relocated by such utility at its awn expense except as provided in paragraphs (a) and (b}, and exeepf for reimbursement rights set forth in previously exocutod subordination and Railroad Utility Agreements, and shall apply to all successors and assigns forthe permitted facility, 9. It Is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT`s construction work, the Permittee wilt coordinate with fhe FDOT before proceeding and shall cooperate with the FDOT's contractor #o arrange the sequence of work so as not to delay the work of fhe FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with fhe approved schedule, and shalt comply with alt provisions of the law and the FDOT's current UAM. The Permittee shall not be responsible for delay beyond its control. 10. In the case ofnon-compliance with the t=gOT's requirements in effect as of the date this pormit is approved, ibis permit is void and the facitify will have to be brought into eomplianeo or removed from the RIVtiI a# no cost to the FDOT, except for reimbursement rights set forth in previously executed subordination and Railroad Ufiiity Agreements. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 11. It is understood and agreed #hat the rights and privileges herein set out are granted only to the extont of the State's right, #itle and interest in the land to be entorod upon and used by the Permittee, and the Pormiiteo will, at all times, and to the extent permitted by law, assume all risk of and indemn€fy, defend, and save harmless tho State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising in any mannor on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. 92. During construction, all safety regulations of the FDOT shaft be obsenrod and the Permittee must take measures, including placing and the display of safety devices that may be necessary in order to safely conduct fhe public through the project area in accordance with fhe Federal MUTCD, as amended for highways, the requirements of the Standard Application Package for railways, including flagging services and Railroad Protectivo Insurance or acceptable alternative, when applicable, and the FDOT's Design Standards, Indexes 600-$70, and Standard Specifications for Road and Bridge Construction, Section 902, as amended by the UAM. When a Utility deoms it neeossary to conduct Traff[c Control activities and methods significantly different from those addressed in fhe above ro€oroncos, fho Utility must submit an al#ernative plan signed and sealed by a licensed Florida professional engineer quaiiftod to develop TCP in accordance with the provisions of Chapter 8 of fhe UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service, fho Permitteo, by execution of this permit acknowledges its present and continuing ownership o€ its utilities located between and within the FDOT's RIVV as set forth above. Whenever the Permittee removes its facilities, it shalt be al fhe Permlttee's Soto cost and expense. The Penmittee, at its sole expense, shall promptly remove said out of service utilities whenever the FDOT determines said remove! is in the public interest. 14. In the event contaminated soil is encountered by the Utility or anyone within the permitted construction limits, the Utility shall immediately cease work and notify the FDOT. The FDOT shalt coordinate with the appropriato agencies and notify the Permittee of any suspension or revocation of fhe permit anti! contamination assessment and remediation, as appropriato under Rule Chapters 62-770 and fit-730 Florida Administrative Code, has progressed to a stato that alt environmental regulatory agencies having jurisdiction have approved the site of the contamination for resumption of work. Page 1 of 2 RULE t4-46 STATE OF FLORIDA nEPARTMFNT OF TRANSPORTATION FQRr~9 71D-D1G-85 UTILITY PERMIT o c~ ~arei 15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FDOT, within its RMI, tho Permittee may be roqulred by the FDOT or its agents to perform the following activities with respect to a Permiftee's facilities: physically expose or direct exposure of underground facilities, provide any necessary support fo facilities and/or cover, de-energize or after aerial facilities as deemed necessary for protection and safety. 16. Pursuant to Sec#ion 337.441(2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in s.124.69 #o enforco provisions of #his subsec#ion or any rule or order issued or entored Into pursuant thereto. 17, Pursuant #o Section 337.402, Florida Statu#es, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly ownod rail corridor, the owner of the utility sha11, at his or her oevn expense, restore the road or publicly owned rail corridor io its original condition before such damage. If the owner fails to make such restoration, the authority is authorized fo do so and charge the cost thoreof against the owner under the provisions of s.337.404. 18. Tho Permittee shall comply with alt provisions of Chapter 556, Ftorida Statutes, Underground Facilities Damage Prevention and Safety Act. 19. Special FDOT instructions: It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of tho binding nature of all the above listed pormit conditions and special instructions. 24, receipt of this permit acknowledges responsibility to comply with Section 119.07(3), Florida Statutes, and UAM Chapter4.5.2, regarding Exempt Documents and Security System Ptans Requests. 21. By the below signature, the Permittee hereby represents that no change to tho FDOT's standard Utility Pormit form, as incorporated by roference into Rulo 14-46.001, for this Utility Pormit has been made which has not been previously called fo the attention of the FDOT (and signified to by checking the appropriate box below) by a separate attached written document showing ail changes and the written and dated approval of the FDOT Engineer. Are there a#tachments reflecting change/s to the standard form? ®iV0 ^ YES tf Yos, pages are attached. PERMITTEE Richard C. Hasko, PI~, Dir. of Envirenmental Service SIGNATURE DATE: Name & Title of Authorizod Permittee or Agent (Typed or Printed Legibly) APPROVED BY: ISSUE DATE: District Maintenance Engineer ar Designee UTILITY PERMIT F1NAL 1NSI'ECTiON CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPL1;TEt7; INSPECTED BY; (Permittee or Agent) CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee the undersigned Permittee do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordanco wish the approved plans made a part of this permit and in accordance with the FDOT's current UAM. Alf plan changes have been approved by the FDOT's Engineer and aro attached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun. PERMITTEE; SIGNATURE: DATE: Name $s Title of Authorized Permittee or Agent T ped or Printed Legibly) CC: District Permit Office Permitteo Page 2 of 2 a a a ~ w w a ~ Lv - s7 s. . vi 0 0 ~ z ¢ N M ~ s.E. aTH sT. ~ sr. z ~ 4 0 ~ h- S.E. 8TH 5T. ~ ~ v Z ~ w COURT ~ ~ s.E em a cr. } N ua w ~,i ~ ~ a vi vi vi ~ T }¢ V1 3 9TH sT. ~ ~ s.lv. s7. w Q Q ~ E)' !r ~ Q svnNTON GARDENS oR. o o ~ w w ~ ~ tl S.E. 14TH ST. N. LONGPORT CIR. ~ ~ a ~ ~' U O Zj N O Z }' ~fyj m ~ WAY ~ Q _ ~' ~ w ~ 4x ~ _ - P01 3 S 4 m - S. LONGPVR7 Clk. - H7LSON AVE. REEGLE AVENUE a ~~ _ ~ ~ Q ~I_ t_iH -ru -1 ~ CENTRAL AVE. ~ ~O ~ - ~ ~~ O U a ~ GOLLENS AVENVE Q J' L ~ w ~ X -ti, q rr,^,~P q ~v (i 1.' ~V O~V~ RHODES ~~ BANYAN TREE LANE 6EL-HAVE O -1 O L I N 7 0 N B O U L E V A R D -- D!GlTAL BASE MAP SYSTEM -- MAP REE: 5:\Planning & Zoning\DBo415\File-Cab\Z-LM 1001-1500\LM1224_FranklFn at 0elroy Beach ~ `, ; 5U6JECT PROPERTY FRANKLIN AT DELRAY BEACH ~ '~! a2 -% ~ ° ` - PLAiJNING AND ZQNING DEPARTMENT Q LOCATION MAP - =,i MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: May 5, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MAY 17, 2011 REVISION TO THE CITY'S SPECIAL EVENTS POLICIES AND PROCEDURES ITEM BEFORE COMMISSION Revisions to City of Delray Beach Special Events Policies and Procedures. BACKGROUND The Special Event Policy has been updated in order to clarify that a Special Event Permit is only required for events that require City services and to clarify that all entities and organizations are required to pay 100% of any equipment rental costs, if applicable. RECOMMENDATION The City Attorney's Office recommends City Commission approval. CITY OF DELRAY BEACH SPECIAL EVENTS POLICIES & PROCEDURES REVISED 4.29.11 I. Definitions A) Special Event - A special event is anon-routine happening or social activity bringing ~ ' ~r~° ,,,,v,,~.°r ~~ people together in a defined area on City facilities, right of way, or private property which requires City services to ensure safety and coordination. Special events include activities such as festivals, concerts, sporting events, parades, walks and runs, etc. This definition does not apply to events held at the Tennis Center, which require a separate contract. B) Producer - An organization that is responsible for all aspects of an event or performance (advertising marketing, talent costs, insurance, hold harmless agreement, etc.) and is responsible for all revenue and expenses for that event. C) Sponsor - A business, organization, agency or individual who gives cash or in- kind product or service to support a producer of an event or production by agreement, for the benefit of that agency, business, organization or person. II. Types of Events A) Maior Event - An event of one or more day duration with a cost of over $12,000 for City services, staff overtime and equipment use. B) Intermediate Event - An event of one or more day duration with a cost of between $1,500 and $12,000 for City services, staff overtime, and equipment use. C) Minor Event - An event of one day or less duration, with a cost of under $1,500 for City services, staff overtime, and use of equipment. III. General Policies A) Event producers are required to obtain all City, State, County and Health Department permits, licenses and/or inspections as maybe needed. B) Event producers are responsible for submitting in writing permission as may be required from other governmental agencies, private property owners, and designated managers of City property including Old School Square for use of their sites for an event. C) Event producers are primarily responsible for event promotion, marketing and advertising. City assistance may be provided through its Public Information Officer, web page and other printed publications. Page 1 of 7 D) Only two (2) major events will be allowed per month, including a maj or event held at the Tennis Center. E) A maj or and intermediate event will not be allowed on the same day. F) No more than two (2) intermediate events will be allowed within the same week. G) Only four (4) intermediate events will be allowed in a month where there is a major event and only five (5) will be allowed in a month without a maj or event. H) City staff will assist in obtaining parking lot use agreements from the County and CRA as may be needed. I) Event producers or their contractors are required to submit required certificates of insurance, to include liquor liability when applicable, hold harmless agreements, and any required cash bonds to the City at least one (1) week before the event. J) All events except for minor events and SK runs are required to attach to the event application a copy of the Arts and Economic Impact Calculator showing economic impact as obtained on line at www.AmericansForTheArts.org. IV. Submittal Requirement A) Submittal Time - L Maior Event -Initial requests including permit application and all back up material, must be submitted to the City Manager or his designee at least 120 days prior to the event, but not more than 12 months in advance. 2. Intermediate Event -Initial requests including permit application and all back up material must be submitted to the City Manager or his designee at least 90 days before the event, but not more than 12 months in advance. 3. Minor Event -Initial requests including permit application and all back up material must be submitted to the City Manager or his designee at least 45 days prior to the event, but not more than 12 months in advance. B) Event submittals may require (based on the type and the size of the event) the following: 1. Budget 2. Site plan 3. Parking plan 4. Traffic plan 5. Private security plan Page 2 of 7 6. Alcohol control plan 7. Police security plan 8. Pyrotechnic permit submittals shall be submitted to the Fire-Rescue Department at least 30 days prior to the scheduled display. 9. Certificate of Liability Insurance, minimum of $1,000,000 and the City named as certificate holder/additional insured 10. Alcohol Liability Insurance 11. Hold Harmless Agreement 12. Maintenance/clean up plan 13. Entertainment schedule 14. Load in and take down schedule 15. Public Health Department Inspection All events shall be subject to compliance with Chapter 99 of the City's Code of Ordinances entitled "Noise Control." C) Event staffing Police -police or other trained non-sworn personnel may be required 1. At the discretion of the Chief of Police or his/her designee based upon projected attendance numbers, type of event, traffic/pedestrian concerns, geographic location and site layout. 2. Mandatory police personnel are required for events where alcohol is served or sold by the event producer, event vendor, or other businesses within the event foot print. Fire -mandatory staffing may be required as determined by the Fire Chief or his/her designee in consultation with the City Manager or his designee normally when the total estimated crowd at anyone time in the venue area exceeds 2,500 people. However, staffing requirements must take into account venue risks, type of activity, and other safety considerations in addition to the size of the event. If the Police/Fire Department determines that there is no undue risk to public safety, then Police/Fire staffing of the event is not necessary. Event producers may through agreement with the Police Department, substitute or add whenever possible private security for certified police officers. Event producers may also with City approval, substitute other tasks generally performed by the City with volunteers or private contractors, such as trash clean up. D) Minor events will be approved or disapproved at the staff level; all other events will be approved by the City Commission. Page 3 of 7 V. Event Payment for City Services -Event producers will be required to pay for costs incurred by the City per the following schedule. Event producers are also required to pay full costs for any equipment or supplies that the City may be required to rent or purchase for the event. These may include but are not limited to generators, portable light towers, barricades, trash boxes, tables, chairs and tents. Producers are also required to pay the full rental cost of the large City stage and costs for towing vehicles required for event safety and set up. Non-profit and charitable organizations are defined as those with a SOlc(3), c(4), c(6), c(10) and c(19) designation. All other producers not designated by the City as non-profit/charitable will be considered as private producers. In order to be considered as anon-profit under one of the categories above, the event producer must have the IRS designation by the time of the event and prior year audit if available. A) City sponsored or co-sponsored event - No charges for City costs. Events produced by Old School Square and the Downtown Marketing Cooperative - 35% of total City overtime costs ~~~Ek *'~°~~ req~e~te and 100% of equipment rental costs, if applicable. B) Privately Produced Events -Charge schedule will take effect as of October 1, 2007. Privately produced events are required to pay 100% of all City costs, not including regular time, to include but not be limited to overtime costs and fringe benefits. C) Non-Profit/Charitable Organization Produced Events Minor Event 50% of total City overtime costs and 100% of equipment rental costs, if applicable. 2. Intermediate and Maior Events ~e 75% of total City overtime costs and ~o~iEk *'~°~~ ^* r° r°'' *^ r 100% of equipment rental costs, if a~licable. D) New Events -Any new event proposed to be held after October 1, 2007 will be charged 100% of all City costs. (Does not apply to events produced by Old School Square or the Downtown Marketing Cooperative.) E) Out of City Sponsored Events -Events produced by an organization located outside the City of Delray Beach will be required to pay 100% of all City costs except regular time after October 1, 2007. Outside of the City will be defined as Page 4 of 7 location of IRS approval. Local not for profit may not act as presenting agent or organization- F) Permit Fees -Event processing permit fees will be charged as follows and are non-refundable: 1. Minor event $ 75.00 2. Intermediate Event $150.00 3. Major Event $250.00 4. Permit fee due at time of application submittal. Above payment structure does not include charges that may be contracted for use of Old School Square or Tennis Center. Charges specified in contracts for these sites maybe different from and/or in addition to the above schedule. Event producers are required to pay full costs for any equipment or supplies that the City may be required to rent or purchase for the event. These may include but are not limited to generators, portable light towers, barricades, trash boxes, tables, chairs and tents. Producers are also required to pay the full rental cost of the large City stage and towing costs. VL Parking A) Reserved Parking: Event producers may request use of City owned surface lots for reserved parking. Requests need to be in writing and/or on the site plan included in the event permit package. B) Paid Parking: The City, at its discretion will determine, based on event impact, whether or not it (City) will charge for parking in City owned parking garages, City owned surface lots and in the County Parking Garage. Revenue from said parking will be retained by the City to offset operating costs of parking lots. C) Community Redevelopment Agency Parking Lots: Requests to use parking lots owned by the Delray Beach Community Redevelopment Agency for reserved parking or paid parking are to be made in writing to Delray Beach Community Redevelopment Agency, 20 North Swinton Avenue, Delray Beach, FL 33444. D) Palm Beach County/South County Court House Parking Garage: By agreement with Palm Beach County, the City of Delray Beach, the Delray Beach Public Library or the Delray Beach Community Redevelopment Agency may request use of the South County Court House Parking Garage for paid or free parking. The County requires both the approval of the City and Library for its use. The County requires that this lot be manned by a professional parking management company that is bonded or by the City if manned by a certified Police Officer. Any requests to utilize this garage must be made to the City and the Library. Palm Beach County does not allow the use of this garage during Page 5 of 7 normal courthouse operating hours and requires reservation of spaces after hours and weekends if their employees are working in the Courthouse. E) Delray Beach Public Library Surface Lot: Requests for use of this lot need to made directly to the Delray Beach Public Library, 100 West Atlantic Avenue, Delray Beach, FL 33445, with a copy to the City. VII. Neighborhood Block Parties -Permit applications for neighborhood block parties will be reviewed by the City Manager or his designee. Consideration of approval will be based upon the following policies: A) Permit applications must be received in writing by the City Manager's Office at least 30 days prior to the event. B) Permit applications must be submitted by the Homeowners Association or where there is no Homeowners Association by other individuals with a petition signed by 51% of the homeowners who live on the block. C) Approvals will only be given for a one (1) block area. D) Consumption or sale of alcohol on City rights-of--way will not be permitted. E) Structures other than barricades are not allowed in the City rights-of--way. F) Homeowners Association will be required to pay all overtime costs that may be incurred. G) Impacts due to other events will be considered in approval process. H) Applications will not be approved for any activity past 10 p.m. I) Approvals will not be given for individual homeowner sponsored parties or events. VIII. Grounds for Denial of Permit -Permit applications shall be reviewed by the City Manager or his/her designee within thirty (30) days of submission of the permit application. Permits maybe denied for any of the following reasons: A) The application for permit (including any required attachments and submissions) is not fully completed and executed; B) The applicant has not complied with Event Policies and Procedures; C) Submittal of permit application less than the minimum submittal day requirements per section IV (A); Page 6 of 7 D) The applicant has not tendered the required application fee with the application or has not tendered the required user fee, indemnification agreement, insurance certificate, or security deposit within the times prescribed by the Assistant City Manager or his/her designee; E) The applicant has not tendered the required fee, or a portion thereof, for prior year's events; F) The application for permit contains a material falsehood or misrepresentation; G) The applicant is legally incompetent to contract or to sue and be sued; H) The applicant or person on whose behalf the application for permit was made has on prior occasions damaged municipal property within the City of Delray Beach and has not paid in full for such damage, or has other outstanding and unpaid debts to the City of Delray Beach; I) A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular municipal property or part hereof; J) The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the City of Delray Beach and previously scheduled for the same time and place; K) The proposed use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of City Employees or of the public; L) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City concerning the sale or offering of any goods or services; M) The use or activity intended by the applicant is prohibited by law, by the City's Code of Ordinances or by these regulations. N) The applicant's staffing/parking needs cannot be met by the City. IX. Appeal Process -Permit denials may be appealed in writing to the City Commission within fifteen (15) days of the denial. The City Commission must render a written decision within ten (10) days after the City Commission meeting at which the appeal was considered. If the City Commission upholds the permit denial for an event, regardless of classification, then the applicant may appeal the City Commission's decision to the Circuit Court of Palm Beach County within thirty (30) days. Page 7 of 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: May 5, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MAY 17, 2011 INTERLOCAL AGREEMENT/CRA/ HILLTOPPER STADIUM ITEM BEFORE COMMISSION An Interlocal Agreement between the City of Delray Beach and the Delray Beach Community Redevelopment Agency to provide funding for resodding of Hilltopper Stadium. BACKGROUND Attached is a proposed Interlocal Agreement between the City and CRA that includes a funding arrangement for the re-sodding project. Under the Agreement, the CRA would provide the funding (up to $70,000.00) to the City prior to the award of the bid to the selected contractor. The City would administer the contract and oversee the work. No later than December 31, 2011, the City would refund any unused funds, as well as 50% of the funds expended on the project. As consideration for the CRA's contribution, the City agrees to "use its best efforts to schedule and accommodate events, tournaments, and other programs at Hilltopper Stadium that will provide an economic benefit to the hotels and other businesses in the CRA's Community Redevelopment Area." This obligation on behalf of the City extends to the end of the Agreement term, September 30, 2016. RECOMMENDATION The City Attorney's office recommends City Commission discretion. Meeting Date: April 28, 2011 Agenda Item Su~mar°y INTERLOCAL AGREEMENT - FIILLT®PPER STA®IUNI I"'IELD REST®RATION Hiiltopper Stadium is located at the old Atlantic High School complex off of Seacrest Boulevard and previously served as the school's football field. It is owned by the Palm Beach County School District but is being leased to the City of Delray Beach through April 2029. The facility includes bleachers, a concession stand, a press box, scarebaard and public address system, as well as several adjacent fields, making it an ideal location for various field sport events. Unfortunately the stadium turf is in very poor condition and is therefore unsuitable for play, The cost to remove the existing grass, level the soil and install new Bermuda sod is estimated at $60,000 to $70,000. The Palm Beach Sports Commission (PBCSC), a private nonprofit organization contracted by Palm Beach County to promote the county as a sports destination, has approached the City and CRA regarding the possible restoration of the field far future sporting events. As described in PBCSC Fxeautive Director George Limey's letter of April 1, 2011 (copy attached}, the restored field could be marketed to host a variety of sports such as lacrosse, rugby, soccer, field hockey, and football. One event in particular, known as "Spring Fling," would bring NCAA women lacrosse players and their families to the Delray Beach area during spring break. This event has been held in Palm Beach County for eight years (it was previously located in Panama City), and needs an additional facility to accommodate a greater number of teams. A fetter from the event director expressing interest in Hiiltopper Stadium is attached, and includes a list of the colleges that have participated over the years, The Sports Commission has also provided information regarding the economic benefit of sports events to the local economy. Another benefit of the sod restoration would be that the field could be better utilized for local sports activities by organizations such as Delray Rocks football, Defray Beach Athletic Club, and Prep and Sports. The City's Parks and Recreation Department would be responsible for scheduling the use of the field among the various groups and events once it's been restored. Attached is an Interfocal Agreement between the City and CRA that includes a funding arrangement for the re-sodding project. Under the Agreement the CRA would provide the funding (up to $70,000.00) to the City prior to the award of the bid to the selected cantractar. The City would administer the contract and oversee the work. No la#er than December 31, 20`11, the City would refund any unused funds, as well as 50% of the funds expended an the project. As consideration for the CRA's contribution the City agrees to "use its bes# efforts to schedule and accommodate events, tournaments, and other programs at Hiiltopper Stadium that will provide an economic benefit to the hotels and other businesses in the CRA's Community Redevelopment Area." This obligation on behalf of the City extends to the end of the Agreement term, September 30, 2016. Recornwnended Acfiior~: Approve the attached Interfocal Agreement Between the City and CRA to provide funding for the re- sodding of Hiiltopper Stadium. Submitted By: Diane Calonna Executive Director INTEi2L®CAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND TI-iE DELRAY BEACH C`OMMUNiTY REI)EYELOi'MENT AGENCY TO PROVIDE FTJI®IDING ~'OR THE RESODDING OF IHLLTOPPER STADILM THiS AGREEi1~IENT is made this ~_ day of 2Q I 1 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"), and the DELRAI' BEACH COMIVIITNITY REDEVEL®PMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"), WITNESSETH: WI-IEi~EAS, the CITY and CRA wish to re-sod the Hilltopper Stadium field ("Program") so that it may be better utilized by local programs as well as state and national programs where the local businesses will receive an economic benefit from such usage; and WHEREAS, the CRA shall initially fund the cost of the re-sodding with the CITY reimbursing the CRA for 50% of the cost at a Iater date; and WHEREAS, this expenditure of funds by the CRA is consistent with the CRA's objectives for economic develop~x~ent and helps to meet one of the "®verall Needs" identified in tl~e Delray Beac1F Community Redevelopment Plan (Part Throe, Section II.G Recreation and Cultural Facilities); and WHEREAS, the expenditure of funds for this Program is consistent with the CRA's Coznrnunity Redevelopment Plan, and serves both a runicipal and public p~upose. NOtiV, THEREFORE, in consideration of the nnutual covenants and promises herein contained, the parties hereby agree as follows: I. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in an amount not to exceed Seventy Thousand and 00/100 Dollars ($70,000.00}, for the re-sodding of tl~e Hilltopper Stadium feld. Such fitnding shall be provided to the CITY prier to the award of a bid/purchase order, for the re-sodding, by the C'IT'Y. The CITY shall retura~ to the CuA any unused funds following completion of the re-sodding, and also reimburse the CRA 50% of the actual cost of the re-sodding no later than December 31, 2011. 8y way of example only, if the CITY's cost to re-sod the Feld is $50,000, the CITY shall return to the CRA by December 31, 2011, $20,000 (difference between funds provided and actual cost} and $25,000 (50% of the cost of the re-sodding). in the event the proposed bid for the re-sodding exceeds Seventy Thousand DalIars ($70,000.00}, any additional funds must be agreed to by the parties through the execution of a written amendment to tlris Agreement prior to the award of the bid by the CI'T'Y. 3. The term of this Agreement shall commence upon execution by both parties, and shall terminate on September 30, 201 b. The parties rraay agree to renew the Agreerent for additional terms through the execution of an amendzxzent to this Agreement. 4, In consideration of the paytx~ent of the funds by the CItA, during the term of this Agreement, the CITY shall use its best efforts to schedule and accazn~nodate events, tour~~aments, and other programs at Hilltopper Stadium that will provide axi economic benefit to the hotels and other businesses in the CRA's Community Redevelopment Area. 5. This lnterlocal Agreerraent 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 Agreeax~ent 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 Dave 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. ~. Neither the C~T"~ 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. AT"PEST: CITY OF DELRAY I3EACH, FLORIDA City Clerk Approved as to Farm: City Attorney By: Nelson. S. McDuffie, Mayor TEST: COMMUNITY REDEVELOPMENT AGENCY y ~ ~ ~~- _ not Name: ~ (-~~,- ~ L~~ ~~,`"~ Howard Lewis, Chair STATE OF FLORIDA COUNTY OF PALM BEACH 3 ~ The foregoing instrument was acknowledged. before me this c~ day of ,~?. , , 20~, by 'a~~~.~ ~-~ G ~ ~~r ~ , as x'67 ~„~ ~_ name of off ccr or agent, title of officer or went), of ~~a ~ ~. ~ ~~ ,~~,y~~ C f~.~- (nanle of eoxporation acknowledging}, a ~~.~~.~~r~.- (state or place of incorporation) corporation, on behalf of the corporation- HelShe is personally known to zne or has p ~' •~. (type o identification) as identification. ,~ 1PR ;~°~ s`n;, Natary public • 5iate ai Florida '` ~~,,~~_ • ~ ~ • ~y coma. Expires dun zz, zl~~a Nod y public - State ~f Florida. ~^v~ ~~' C~mmissian ~ b0 8647g~ ,,,~,t~• "°Ff''• Bonded Through Natsanal tdotary Assn. H:1200610G001 S I7BCRAIAGMI` 201111I~A CRA hand hillCO~per PTNAL (4-27-11).doc 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 13, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MAY 17, 2011 SERVICE AUTHORIZATION NO. 19/SPATIAL FOCUS, INC. ITEM BEFORE COMMISSION The item before Commission is Service Authorization No. 19 with Spatial Focus for completing addressing work related to the public safety software implementation and for setting up an Address Reference System, maintenance database, and associated documentation and training. Total cost of this Service Authorization is $24,775. BACKGROUND The City entered into previous Service Authorizations (SA's) with Spatial Focus to provide technical assistance with developing an address database by utilizing several sources of addresses and GIS files. Through this process a development database was created and utilized as an address repository related to the new SunGard Public Safety Software project. This database is a core component in that project. This SA provides for completion of addressing work related to the Public Safety Software implementation and conversion of the previously created development database to a maintainable database and for documentation of an Addressing Reference System (rules for assigning street numbers, creating street names, etc.). The SA also includes training for City staff on management and maintenance of address information. FUNDING SOURCE Funding to be provided as follows (after budget transfers): 334-2111-521-31.90: $10,525 441-5161-536-31.90: $14,250 RECOMMENDATION Staff recommends approval of Service Authorization No. 19 with Spatial Focus in the amount of $24,775. Consulting Services Authorization DATE: May 9, 2011 SERVICE AUTHORfZATfON NO.: 19 FOR CONSULTING SERVICES CfTY P.O. NO. CITY EXPENSE CODE PROJECT NO. TITLE: ARS Development and Setup This Service Authorization shall be incorporated in and shall became an integral part of the contract dated 16 March 2001. L PROJECT DESCRIPTION: The City of Delray Beach, Division of Environmental Services, has requested a proposal for technical assistance in development and setup of the Address Reference System and address data for the City. 11. SCOPE OF SERVICES; The full description of the scope of services is contained in the letter of proposal dated April 29, 2011, and attached hereto. 1. Set up Tasks 1.1 Complete the evaluation and correction of approximately 450 points identified in the CAD setup. 1.2 Convert the existing production database to a maintenance database. Services will be directed by Sara Yurman, Principal, and provided by Sara and other staff members. 2. Address Reference System (ARS) Development and Setup 2.1 Geometry and Ranges 2.1.1 Complete documentation of Address Reference System 2.1.2 Continue standardization of ranges 2.1.3 Develop potential address points for City Page 1 of 3 2.2 Cleanup 2.2.'I Integrate intercoastal waterway and canals and their addresses 2.2.2 Finish documentation of High Point address points 2.2,3 Work on cleanup of other anomalies from CAD implementation. 3. Training and Documentation 3.1 Prepare and deliver 8 hours of an-site training to Delray staff 3.2 Document city's addressing processes and procedures and management tools for use with address database and GIS. Provide electronic copy of documentation. IV. Schedule This service will commence within 5 business days from authorization to proceed. Work will be completed within 120 days of authorization to proceed. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Page 2 of 3 Approved by: CITY OF DELRAY BEACH Date Nelson 8. McDuffie, Mayor Attest CONSULTANT: Spatial Focus, Inc. Date _511 11/2 0 1 1, Seal 8 /~ Z `=cam ,~?`~~~°; ~'~--Z.JC. ;~ Y~ Martha We[Is, Treasurer Attest: BEFORE ME, the foregoing instrument, Approved as to Legal Sufficiency form this 10th_day ofi May 2011, and was and acknowledged by Martha Wells on behalf of the Corporation Spatial Focus, Inc., and said person executed the same freely and voluntarily for the purpose therein expressed. Witness my hand and seal in the County and State aforesaid this 10th day of May. ~~ Notary Public State of Maryland My ommission Expires~~ u~~/ Page3of3 Apri! 26, 2D11 Mr. Randal Krejcarek, PE City Engineer City of Defray Beach 434 S Swinton Ave. Delray Beach, FL 33444 Dear Mr. Krejcarek: Below is our proposal for documentation and clean up of the data developed during the CAD implementation project, along with training far Delray Beach staff in taking over long-term maintenance. Our proposal for on-going maintenance, until the City is ready to take on these tasks, is provided separately. We look forward to your response. Address Implementation Tasks Background During the development of.the address data to support the new Delray Beach Computer Aided Dispatch System, a number of tasks were identified by the City. Due to stafFng limitations, the City has requested a proposal for services to assist the City in completing the implementation of the CAD system, as well as improving addressing processes. In reviewing the tasks ahead, to complete the review and clearance of anomalies, and to do some work with centerlines, ranges, and address reference system and addressing process documentation, we are providing a proposal that wil[ provide for clean up of remaining issues from the CAD project, full documentation of the Address Reference System of the City, and documentation of the addressing processes used by the City in assignmen# and maintenance of addresses. In addition, the existing database which was created solely to support the CAD implementation needs to be adjusted to make it workable in a productionlmaintenance environment. We would expect that this work alone would take approximately six months to complete. On-going maintenance is covered under a separate proposal. Set Up Tasks The Set-Up tasks complete the work that was begun during the CAD implementation, and provide a complete data set for beginning the maintenance. This effort is necessary to go beyond the requirements for "go-live" with the CAD system, and to make the data set suitable far enterprise-wide use. A large part of this effort involves approximately 45D paints for which there is geometry in the database, but no address number. Each of these paints identifies a building lacking a County address points. 142 of the points are in areas where field work was completed. In most of those cases, addresses for these points and the numbers are known. While the focus was on creating ranges addresses, only addresses on the ends of street segments were entered in the interest of time. These will be completed during the point !-IOME QFFtcE: 6893 40~" AVENUE • UNIVeRS~TV SARK, Mb 20782 VOICE: 301.277.2006 • FAX: 404.$06.6257 • CELL: 205.616.0205 MVJELLS@SPATIALFDCLlS.COM • WWW.SPATIALFOCUS.COM RANDAL KREJCAREK, C[rv ENGINEER PAGE 2 OF 4 process. 61 of the 142 are in the High Point area, and bath field work and the Fire Department maps will be consulted. 308 of the points are scattered throughout the city, outside of areas where field work was completed, • Complete the evaluation and correction of approximately 450 points identified in the CAD setup. (See Map) 450 Points to Compiete Legend City Limits E :: Streets Field work received as paints Structure locations without address number entries • Field work received as images • Convert the existing production database to a maintenance database LeveC of Effort: Sara Yurman: 25 hours, Staff: 40 hours Address Reference System Setup During the CAD implementation, anumber of areas were identified where some of the data required further research and documentation to provide the City with the ability to select applications or software products to support maintenance ofi the addresses. These tasks are designed to fully document the City's Address Reference System which are the rules that guide how the City assigns address numbers, the rules for creating Hoene OFI=Ice: 6813 40~ AVeNUE • lJNlveRSl~ PARtC, MD 20782 VOICE: 301.277.2006 ~ FAX: ~4D~4.806.6257 r CELL: 205.616.0205 M W ELLS[Q)SPA7IALFOClfS.CDM fV'.NDAI_ KREJCAF2EK, CITY ENGINEER PAGE 3 OF 4 street names and address ranges, and other rules used in assigning addresses. The result will provide an address manual that will be used as the functional specification for a maintenance applicationlsoftware package, and will also be used to allow Spatial Focus to generate all potential address points for the City for the existing street network. It will also allow Spatial Focus to finish standardization of address ranges throughout the City, a major benefit to the CAD system, as well as to other users. In addition, it was brought to the City's attention during the later stages of the CAD implementation that there were addresses along the lntercoastal Waterway and along the canals of the City that needed to be included in the database, and that the addresses for High Point were incomplete. These tasks provide for completing these tasks, finalizing quality control on them, and incorporating them into the Master Address Repository. Geometry and Ranges • Complete documentation of Address Reference System (in consultation with the C ify) • Continue standardization of ranges • Develop potential points for City Level of Effort: Sara Yurman: 32 hours, Staff: 80 hours Supplementa# Data Inclusion in Database • Integrate lntercoastal waterway and canals, and their addresses Additional documentation of High Point address paints • Resolution of anomalies from CAD implementation Level of Effort: Sara Yurman: 8 hours, Staff; 40 hours Training far Delray Beach Over a period of several months, the City will take over the maintenance activities. In moving toward this goal, Spatial Focus will provide on-site training on the tasks that it is performing under this Service Authorization, and will also develop and provide documentation for the tasks, so that the City staff will have guidance in the future. On-site training on tasks • Prepare and deliver 8 hours of training to staff on management and maintenance of address information using the database and GIS }'TOME OFFICE: 6813 4DTM I-AVENUE • UNIVERSIN HARK, MD 20782 VOICE: 309.277.2DD6 • FAX: 404.806.6257 s CELL: 2D5.616A205 MNlELLS ~5 PATIALFOCUS . COM I WNDAL !\REJCAREK, CITY ENGENEER PAGE 4 OF 4 Documentation • Document City's addressing processes and procedures, and management tools for use with address database and GIS. • Provide electronic cagy of documentation Level of Effort: Sara Yurman: 12 hours, Staff: 20 hours, plus 1 trip (2 days) to Delray Beach Cost Propose! ~~ y l_.~VEI Of j '`Cray 1 _ Wit; Set Up 25 hours @ $125 $0 $6,325.00 40 hours @ $80 Address Reference System 40 hours.@ $125: $0 $14,600.00 Development & Setup 120 hours @ $80 Training 12 hours @ $125 $750 $3,850.00 _ _ 20 hours @ $80 ;' Sincerely, ,~~.al.`~l..~u- Martha M. Wells, GISP Director of Consulting Services HOME OFFICE: 6$13 40'~ AVENUE • UNNERSITY PARK, MD 20782 Voice: 301.277.2006 • FAX: 404.808.6257 s CFLL: 205,616.0205 MVi+ELLS Q~5PATIALFOCUS.COM MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 3, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MAY 17, 2011 MODIFICATION TO THE SUB-GRANT AGREEMENT/DIVISION OF EMERGENCY MANAGEMENT/ OSS WINDOW REPLACEMENT ITEM BEFORE COMMISSION This agenda item is requesting Commission approvaUauthorization for Mayor to execute an agreement modification with the State of Florida, Division of Emergency Management (DEM) for the installation of 227 impact resistant glass windows in the Cornell Museum, Crest Theatre and Gymnasium buildings that comprise the Old School Square property. This agreement modification revises the period performance deadline from June 10, 2011 extending it to June 10, 2012. BACKGROUND In 2004 Delray Beach was affected by Hurricanes Frances and Jeanne. Palm Beach County was awarded funding to implement wind retrofit projects as a result of these hurricanes. The City applied for and received grant funding to replace the windows in the buildings on Old School Square property. The project is currently 99% completed and invoiced for with the exception of five (5) locations indentified during the State of Florida/DEM final inspection of the facility. As a result the City applied for and received an extension to the agreement to comply with the hardening of the remaining locations. There is no cost associated with this agreement modification. RECOMMENDATION Recommend approval. tu4 ~ i 3',I V ~ V ~ +~7 ~ V ~ V ~ ~ E ~ ~ ~ ~ ~r 1 ~ l''- ~ ~ V ~ ~ ~ ~ T RNCK SGCITT BRYACJ' 4W. HCUCDN Govemar G~iirtor April 1 ~, 2011 iMr. Randal lCg°ejcarek, P,1., City Fngincer City of t~elray Beach. 100 T~a~•tltiest l~ first Avet~iue defray Beach, Flarida 3~~144 1~:e: 1-IGMP 1Dn-1545-182-~ (State 1'raject lrlrN~a~f-er 1545-1.27}, P~iln~ Beech Caui~ty, £ty of Delray Beach +Qld. Schaal Square,l.eq~iest far review ar~rl apprar~~Nl of Cantrroct 1Vladlfc~liar~ #, l~car Nlr, l~, rejcarek: Please print fear caapies of the attached, Pr°apo,~ed nzadi~catian a,g~°acrnent kaetween the City of Del~•ay Beach az~cl tl~c Division of ~;~ne~°ency 1V9~nagcrnent (L)1I~'Ij. 'Y'he affic~ial representative, as listed. l~elaw, will neccl to sign flee ~i~natui°c page afcach rrrad%fcatan, All four (4~ capic;s af~hc: YT~adificatian sl~aulri thea~ be seat to flee Tallahassee address listed. below far full execution na later than ninety (90) days afier receipt afthis letter, dJne fully executed nladificatan will be returned to the City of Delray Beach fa~° its files, Additional assistance is available rc,~arcling year Project an the blot°icia Division of l~:mc¢°gcc~cy lvlanage~-Went ~ebsite, latf ;/p /wwvv.flaridaclisaster,ar fMiti~~r~IHa~ard/nr~ex.l~t~~~r, Please reference the heading; `~ra:c~t Managernent 'l'eafs Listed Bc1ow', which cantait~s satTlplc documents float will provide guidance far catnl~leting requests fc~r rei~-nbursen~ent, repa~-ting requi~•e~~aents and supporting docuYnents cantainialg ~-npartant paints, and s~abgrantee class-out checklists, Clfj~cicrl 1Re~r~es~rr tali w~~: County: Cl~airinan +~f"the Beard afCaiT~tTaissiancrs City: l'vlayaa~ Indian Tribe; Chief ar President Water Managc~T~ent District: Chairman. l`1an-P~'c~f`it: Chair~T~an afthe Board If there is an official tl3at is net listed. ~bave who is authorr~l to sig;t~ the lnodificatians fcr your organi~atian, please provide: a copy of flee argani°aatia~a's resolution ar clroartor that. specifically identifies tl~e person or position that is authari;red to sg~x. FLt3N"~117A REG~II~RY gFFICE • pNVISipN k~A~GlUARTFFt3 STATFLQGSSTICS~RESF"QaN3EGENTEFC ~~ ~kylirre N~rive 2555 Shumard Oak 8aulavard 202 ~irectcars I~ow Lake Mary, FL 32746.6201 TadRafiassee, FL 32389-2t10p arlarado„ F'L 32800-5631 TeN: 850°413-9969 Fax: 850-488-1016 www.FtaridaCeisaster.arc~ LMr1r. l~.andal l~:rej carek April 19, 2t~11 Page Two If you lave qucstioa~s rcardi.n this ~Y~odficatio~~ or who is authori~cd to s~~;n it, plcasc call. Carly 11,~lillcr at ~4~7) 811-378. l~eslaect~'ully, iv'" Miles 1~.. Aa~clc;rsaK~ F3ure~1~ Clyief, I~iti~~utic,'7 Sts;te I-ta~~r~l ~liti,atc~t~ f~ffcer 1~ ,Ali mr'cil~ Attachment. Contract Number: 09HM-12-10-60-02-003 Project Number: 1545-182-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF DELRAY BEACH This Modification Number Two is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and the City of Delray Beach ("the Recipient") to modify DEM Contract Number: 09HM-12-10-60-02-003, dated October 20, 2008 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Recipient under the Hazard Mitigation Grants Program of $498,471.00; and WHEREAS, the Agreement will expire on June 10, 2011; and WHEREAS, the Division and the Recipient desire to extend the terms of the Agreement and modify the Scope of Work. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph 3 of the Agreement is hereby amended to read as follows: This Agreement shall begin October 20, 2008, and shall end June 10, 2012, unless terminated earlier in accordance with the provisions of paragraph (12) of this Agreement. 2. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in the Revised Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 3. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the last execution of this Modification by both parties. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. RECIPIENT: CITY OF DELRAY BEACH DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: By: Name and Title: Brvan W. Koon. Director Date: Date: Attachment A (Revised) Budget and Scope of Work Scope of Work As a Hazard Mitigation Grant Program project, the Recipient, the City of Delray Beach, shall wind retrofit the Old School Square located at 51 North Swinton Avenue, Delray Beach, Florida 33444, by purchasing and installing impact resistant glass on windows of three structures. The components used for this wind retrofit will be done in strict compliance with the Florida Building Code: Glazing in buildings shall be impact resistant or protected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E 1886 and ASTM E 1996, ANSI/DASMA 115 (for garage doors and rolling doors) or Miami-Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows: a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements of the Large Missile Test. b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet the provisions of the Small Missile Test. c) Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are located within 30 feet (9144 mm) of grade shall meet requirements of the Large Missile Test. Impact-resistant coverings shall be tested at 1.5 times the design pressure (positive or negative) expressed in pounds per square feet as determined by the Florida Building Code, Building Section1609 for which the specimen is to be tested. All materials will be certified to meet the wind and impact standards for wind up to 140 mph. The local municipal or county building department will inspect and certify installation according to the manufacture's specification, and ensure that the above referenced standards have been met. This is FEMA project 1545-182-R, funded under 1545-DR-FL. The Period of Performance for this project ends on June 10, 2012. Schedule of Work State Contracting: 8 Months 10 Days Design: 1 Month Prepare Bid Documents: 0 Months 10 Days Bid Project: 1 Month Evaluation Bids: 0 Months 5 Days Award Contract: 1 Month 15 Days Materials Fabrication: 7 Months Construction/Installation: 8 Months 10 Days Final Inspection: 2 Months 5 Days Project Close-out: 0 Months 15 Days Unpredictable Weather: 8 Months 10 Days State Final Inspection & Closeout: 6 Months 10 Days Total Period of Performance: 45 Months The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or man made disaster. The funding provided by the Division of Emergency Management (DEM) under this Subgrant is only intended to pay for the materials and labor for the installation of storm shutters and/or other hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by the Division in no way confers or implies any warranty of 14 use or suitability for the modifications made or installed. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. This project has not been evaluated as meeting the standards of the Department of Homeland Security, Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design and Construction for Community Shelter. It is understood and agreed by the Division and the Recipient that the building has vulnerabilities due to age, design and location which may result in damage to the building even after the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood and agreed by the Division and the Recipient that this mitigation project is not intended to make the building useable as a shelter for the Recipient's staff or any other citizens in the event of any natural or man-made disaster. Budget Line Item Budget* Project Cost Federal Share Local Share Impact Resistance Windows: $604,796.00 $453,597.00 $151,199.00 Prepared Bid Package (In-kind): $ 5,006.00 $ 3,754.00 $ 1,251.00 Pre-Bid Meeting (In-kind): $ 125.00 $ 94.00 $ 31.00 Bid Opening (In-kind): $ 42.00 $ 32.00 $ 11.00 Evaluate Bids & Recommendation (In-Kind): $ 1,669.00 $ 1,252.00 $ 417.00 Contract Award (In-kind): $ 83.00 $ 62.00 $ 21.00 Project Management (In-kind): $ 8,344.00 $ 6,258.00 $ 2,086.00 Cost of Bonds: $ 15,200.00 $ 11,400.00 $ 3,800.00 Field Testing Costs: $ 12,100.00 $ 9,075.00 $ 3,025.00 Sub-Total: $647,365.00 $485,524.00 $161,841.00 Administrative Cost: $ 0.00 $ 12,947.00 $ 0.00 Total: $647,365.00 $498,471.00 $161,841.00 * Any line item amount in this Budget maybe increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. Funding Summary Federal Share: $485,524.00 (75%) Local Share: $161,841.00 (25%) Total Project Cost: $647,365.00 (100%) Recipient Administrative Allowance up to $12,947.00. 15 MEMORANDUM TO: Mayor and City Commissioners FROM: Alberta Gaum, Recreation Superintendent Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer THROUGH: David T. Harden, City Manager DATE: Apri127, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MAY 17, 2011 CONSULTING SERVICE AUTHORIZATION/PALM BEACH COUNTY/PUBLIC ART ADMINISTRATION ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute a Consulting Service Authorization between Palm Beach County/Elayna Toby Singer, Public Art Administration and the City of Delray Beach for adminstrative support in updating the 2004 City of Delray Beach Public Art Master Plan. BACKGROUND On November 16, 2010, Commission approved an Interlocal Agreement between the City and Palm Beach County that would enable the City to utilize the County's Art in Public Places Administrator. Updating the 2004 City of Delray Beach Public Art Master Plan was included under this agreement. At the April 25, 2011 meeting, the Public Art Advisory Board (PAAB) voted to approve this Service Authorization. Elayna Toby Singer will be the adminsitrator for the Board and will facilitate stakeholders in updating the 2004 City of Delray Beach Public Art Master Plan. While Ms. Singer will not be preparing the Master Plan Update, she will coordinate the process included the call to artists, artist selection, contract administration, and Master Plan Update by the selected artist. The estimated cost for this service is $14,880.00 which includes the hourly rate as well as reimbursable expenses. FUNDING SOURCE Funding is available from account # 115-1702-579-31.90. RECOMMENDATION The Public Art Advisory Board recommends approval of the Consulting Service Authorization. CONSULTING SERVICE AUTHORIZATION DATE SERVICE AUTHORIZATION N0. FOR CONSULTING SERVICES CITY P.O. N0. CITY EXPENSE CODE 115-1702-579-31.90 TITLE: UPDATE 2004 City of Delray Beach PUBLIC ART MASTERPLAN This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract between Palm Beach County and the City for Public Art Consulting Services. I. PROJECT DESCRIPTION Facilitate stakeholders in updating 2004 City of Delray Beach Public Art Master Plan. II. SCOPE OF SERVICES SCOPE DEVELOPMENT / PROJECT PROMOTION Scope Development with City Staff, PAAB Call to Artists document - Write / Coordinate with City Staff, PAAB Legal Notice / Press Releases - Write / Coordinate with City Staff Artist Q&A - Answer / Coordinate with City Staff ARTIST SELECTION Review Submittals: Determine Responsive / Non-Responsive Prepare Submittals / Score Sheets - Short List Selection Short List Selection Mtg. Coordination/Scheduling Facilitate Short List Selection Mtg. / Artist Notification Write Short List Mtg. Minutes Answer Short List Artist Questions re: 2004 Art in Public Places(AiPP)Master Plan Artist Coordination re: Finalist Selection Facilitate Finalist Selection Mtg. / Artist Notification Write Finalist Mtg. Minutes CONTRACT ADMINISTRATION Artist Negotiation - Contract Exhibits Work Verification/Pay Apps Final Documentation AiPP MASTER PLAN UPDATE Evaluate Current AiPP Master Plan Visit/Assess AiPP sites on 2004 Master Plan Review/Revise criteria for AiPP sites/projects Prepare Question for and Facilitate Stakeholder Workshops Identify new AiPP sites/projects Assess existing standard contracts, policies, calls to artists, art selections etc. Revise existing standard contracts, policies, calls to artists, art selections etc. Define protocols/inter-relationship between PAAB and other City art entities 5 year AiPP Budget Projections Prepare Public Art Maintenance/ Conservation Guidelines Staff, PAAB, City Commission Review/Approval of Updated Master Plan III. BUDGET A. HOURLY RATE x NUMBER OF HOURS = NOT TO EXCEED AMOUNT. 222 hours x $65/hour = $14,430 B. ESTIMATED REIMBURSABLE EXPENSES. Gas mileage = .50 per mile 50-60 miles per round trip between County AiPP offices and Delray Beach $30.00 per trip x estimated 15 trips = $450.00 IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The COUNTY may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency and Form COUNTY: Date By: (Seal) Witness Witness Attest: BEFORE ME, the foregoing instrument, this day of 200 , was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 200 . Notary Public State of Florida 2 My Commission Expires: MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: Apri129, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MAY 17, 2011 SPECIAL EVENT REQUEST/ SPADY LIVING HERITAGE DAY ITEM BEFORE COMMISSION City Commission is requested to endorse the 6th Annual Spady Heritage Day to be held on August 27, 2011 from noon to 10:00 p.m.; to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of NW 5th Avenue from Atlantic Avenue to NW 1st Street and SW 5th Avenue from Atlantic Avenue to SW 1st Street; to authorize staff support for security, EMS assistance and Fire inspection, trash boxes and clean up, and barricading; to authorize City generator use and set up and use of the large mobile stage; and to approve event signage and banners. BACKGROUND Attached are an event permit, site plan, and budget received from Ms. Daisy Fulton for this event. Staff support has been requested for security, EMS assistance, clean up, trash boxes, City generator use, barricading, stage use and signage. The event sponsor will be responsible for event management, vendor approval and entertainment. Total estimated overtime costs for this event are $5,070; stage rental cost is $530, signagecost is $250 and trash boxes are $35, for a total cost of $5,885. Per Event Policies and Procedures, the charge for overtime would be $3,802, signage $250, stage rental $530 and trash boxes $35 for a total estimated cost of $4,617. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the closure of NW and SW SthAvenues as requested, staff support for security, EMS assistance and Fire inspection, clean up and trash boxes, City generator use, barricading, stage use and event signage; contingent on the receipt of a Certificate of Liability Insurance and Hold Harmless Agreement two (2) weeks prior to the event and receipt of letters authorizing use of private property. ~:~ly ~~~ ~~,11"~~f ~t'ltti t~rttt~c~ ltr~tl~ ~,~V ~~i~ll ~~~~l~t. ~~I'll~l[ ~~rr~~c;~ ~p~]ics~tit~l~ ~~R ~ ~ ~~I '~ _ I~I~~'~~l~I) 1.~.~(MfNIS_FflATIV~S~AVIG~S cs~ 2(~~°ai 1:4e~tl Ntttt~e,~7`i[6~~.: S ~acly L;v;n Herita a Festival 1:3~~z~nt l~ttte,t;s~: Au~~st 27, 2011 •i`~17~c:s: Noon--Id p.m. I~t.~ltlt'Sttll~ 5tR'+~'.t ~'It~titll'1_': }'t'4 X 11C3~._..~ ~1f y-cis, ~t+:~d filt~ctlcl.ttt~= [itr clc~att-'~Y ~tl~cl r~~c+F~c.ning,~ Closed Au ug st 27, 2dI1, 5 :~.m. . Reopen August 28, 2411, 5 a.m. .____ ~:~~c.ttt Spt~t}wttrJl't'<~t9u~tt!': Spady CultuY•al Heritage Museum. 1~~ec~i~t Cc3attttc~UC'E~c>rtii~~~i.tt~r: Snarly Ctiltural Heritage Museum i4~~tt~k; Dais ~ 1?ulton ~1.tlclrc~s~: 170 N.W. 5th Avenue Deh•a r Beach rL 3344 'I'ctlc~piti~r~c~ f~`tt~7alh~r. SG1.279,8883 C."~~11t1~t- Ntttttt~~r 5G1.7d2.53d0 I;-171tti! tlilt~~'c`~ti: dfultan(r~snadyattuseum.a~g_~ 1+v~~l~t 1~+~:~cri titrt~~ l~'til'E~~tse: Tlic Spacly 1~ivin~; kIel•itage +es ova prove es ano to oppor un~ o experience Ee c ~versi o a~•~c a s t•acaaa at~e-•tcau commune l~r~.t•;-Ii~tc~r ~ tti1.1~~'€,~t~t (11-~t~~lalit°4t~lc~): The Spady~iviug Heritage Festiva grew oYtt o par y ay ale was -e on t is grou~ic s o tie par >> useum, t s appea to t ie genera ptr is was so great we move t ~e estlva to t ae street an arc cantintung tt as an arinua event. ~~liti~l~.t~ A(;lfV~t9C:S ~~.~tlt.~lE3~`~ ail al tt~'iitr:~ttltti~[~r 47~i1~'~1! 1t1~'Sr l.t~. s*'[~~'•E~tl'E11I17t_'.71t5 catiltjr~~l~~' ~ ritt~s, i3~-E~t~ ~, ~~th~.r g~r~t~?r:~tltts}: Kicls Corner: PY3 Zoo, Pony Rides, Bounce Dose, to~yte mg, +ace Panl<ting. eve 'cr ormances: local artists and out 1 ors anon-pro It an community organiza- tions. Demonstrations: oolong, art, era ts, etc. enc ors: +ood and gstts l~~t~~, 1 c~C S l~tt~~ ~ c~t~ ~rtt7~lx r cal It;cit~'icittstt~ S~'.t~c.t} 1't~c~vicatts ~5`~t~tr {ii~ tt~li~~tt~l€~~: })c~sc:ri}~~ t}~~•, tstr4~~tttri i~~~~€tl~ttickn attic} c~x~~cc~t~Yti ~tttea~ciitttc~~: Ou€• tor~et atterfclance is 5,000 festival-goers. 70% local 30% visitors to Na}an 13eac}a Coun l~ct~crii~~ i~c~~~' tl~c'. i~rc~~t"frt~~ car rc>i~cYc.t aclcirc~s~~~s c,c~t~~tt~tttut!,~ ttic~cls: The fes#iyal attracts Ol1t Of to~~`€~ visitors to t}te City of Delray Beach ~vlto will, poten- ball spend anoney in t}~e doFti mown area. Tlie festival,, so,p..... . y, T , , al rovicies~ another educa- tional vehicle for students aiu} teachers. i~~ti~.ri}~~. ycxtr [~~tttrkittii~~~['r~:€ta~E~tit>ns 1'r~~~r~tm {;}-lc€~ti• +~{iil 4~c>u t~tE~trkc~d~~t-f~t~~t~te, i.~z. "I'~~, r~dic~, i~t~stcrs, i't~~c:~rs, ~ifc.l~ SitE.s, r~tllcr), Online and print acls, radio and cable ads, flyers, mailers, entail blasts. 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[k.lr~t~~ 13e.~ich, I~t~~rici~~ 3;~~~~. I~egri'tr~t~ t~~it[~ Ix~~-~~~it ~~~[~lic~~fic~n. {~'r~t' SCrtf f - t1st~ ~lrrl ~_ ~ [~,tt~ 6~~'c-~~i~~r?c[ ~ /~~~°~ ~l~[~lic•~~ti[~~~ i~tz~ rc~c~Eir~'c~el .~ ~~':~~~ at ~~n~ nk+ <ci~~E ~~•Ui ng c~ f ~_a ~w~«-~a1'cl ~ ~ ~s ~;~ i ~ ~~Fi~.;,~~~ i~t iwt is~t I't~rrtti~ ,1 {'~~~sieau'~rt ltG4' [~Ia1l ! ~ti~'AI.9~~` ~ (~ 17 ~:? ).~~ax ~~~Ad ~LLI~'~.LH ~- -~ ~'~ anoacJ arlu~j~~ ' ., ., ., P-S r{!0 V U .~ ___ (n ~ CU i I ~t r E N I ~ll ~" I H ~ I t1f3 ~ ~ ~ a~ O U ~ ~ O ~~~ ~ ~ nl ~ I ~ dA I_ _ _ .~ ~ Im"' ~--1 I ~ O ~ ~ I 3 M 1_ _ . h- II I 1 { F I I- _ ~ nn w ~ ~1 . r~S 0.. U .~ U~ i -d 0 I r4 I I I-=' I 1 I I I _ k~ - ' I I S C~'J 1 _ I ]- -' I I I ~.-{ I' Q 1• 1'~ `~ I 1111 I_ _ ~ w z Z~~.LS is t 'M'N 1- - i E ~ I 1 I I I_ _ ' I I ~ I I ,- I i I ~ ~ ~C~nnan~zQ uot~e~S axr~ I ~I r-• ~~-i ~« _ i I.... - I E I ~ I I I I ~ I_ 1.. `... 1 1 I I 1- W I f i' - i I I--' I ' ~ I" I k ' 1_~ 1""'• I 1 ~' 1 .. F 1 `^~~ I _ 1„" 1 ^~ `~ I~~ 1 I '--- ~~ t7 °' 3 Aq ^~ ~^ ~ rY rY, ~ Y+Y FJ-I saiuo~-o-uo~ b4 .~ p ~ ~ Ac1'1~I `I~IVZ~ 3ZZS'I~AI,LS~.-3 ~~'~ZRI~H ~l~ITA~'I .~(~dS .~ F-t ~fl~ ~durg ~eManr.rQ z~~ ~~ ~~ ~ U "-, ~ ~ ~ ~ ~ C/) ;~Z ~~~~~ d~mantaQ 5 •a ~ ~"~..~oM R1 m [) O fn V] Yl ~O'~ ~Lri?~1~~ ~a~o w ~~ ~ V ~ ~ CJ Q v ~ N C D C] ~ CL N .~ U N .~" U .L~~ZS ~S T "~' S N c~ c~3 r--~ ~-1 • [s1 z ~~~ a~ °'y~~ ~,~ ~. ~~~ ~ '~ ~ aoZ ~duzg ~~n~anixQ cn ~ .~ o ~ ~, U ~C~Man~.rQ ~ ~ m ~_ ~ c~ ~ M r~~Ma~raQ an ~ ~ r/~ Ri .~ V .~ ~ ~ N ~~ ~S~Man~aQ ~t~~~S L~ d3 .'~ N ~n ~[1.I~~A~' ~TZi~`~'I.L~' Ac1'S `I1'~'Id 3ZIS 'I~AIZS~~ ~~~,LR~3H ~.l~T~AY'I AQ~dS Spady Cultural Heritage Museum Spady Living Heritage Festival Projected Budget 2010 --- lncome Palm Beach County Cultural Council $15,199 Sponsors Jr. League $1,500 Publix $325 Other $3,393 Vendor Fees $1,500 Subtotal Income $21,917 In Kind $5,000 Total Income $26,917 Expenses Technical Services $3,290 Technical Personnel $800 Artists $16,574 MarlcetinglAdvertising $3,729 City Fees $1,895 Supplies $629 Total $26,917 Spady Cultural Heritage Museum Spady Living Heritage Festival Projected Budget 2011 Income Palm Beach County Cultural Council $17,621 Sponsors Publix $300 Donations $3,000 Vendor Fees $1,500 Subtotal Income $22,421 In Kind Service ($101hour) $5,000 Total Income $27,421 Expenses Technical Services $3,290 Technical Personnel $800 Artists $12,078 MarketinglAdvertising $3,729 City Fees $1,895 Supplies $629 Total $22,421 ~~ Untitled Document Page 1 0~ 1 ~,k t ~..~ ~ ~~r ~-Illl ~~l_~i~l~ l ii~ ty X1,1 rii 71~>~d ~~~~tlti~~ll ~Si, '~4 ~3, ~~~Fr~~ ~i~t1I~I143 ~.~~.1~~ ~ ".-i ~,~ . I t1 ~E)1`ti"r~3t1 qtl STEP 1: P~PIJLATiON POPULATIE7N of your community: 50,000 to 89,899 STEP 2: TOTAt_ EXPENSES {optional) Your C3rganization's TOTAL EXPENSES {please do not use commas): ~ 550494 STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENC7ANCC to your organization's arts events (again, da not use commas): 7244 calculate reset: Iota[ lwWrgt10t11iC It~tl~~aut t)f: "t"cztal I-touseholci Local State l~xnr:rrditure:~ FTf" Johs Incort7e Governmarrt Governrnertt f~avanire rtevenue Nonprofit Arts andGulture $550,494 17 $361,999 $18,777 $21,442 Qrganizations: _._. onpra it its and ulkure $164 077 4.3 $66,556 $6,517 $7,538 Audiences: ' Tots[ Industry Impact: ( $-X14,571 21.3 $428,555 $25,294: $29,fl80 (The Surn of Organ'~zarions and Audiences) 1 Print Your Results Please see the fine orint below. I~ofinitinn~ Total Expenditirros: The total dollars spent by your nonprofit arts and culture organization and its audiences; event-refaked spending by arts and culture audiences is ostimafed using the average dollars spent per person by arts event attendees in similarly populated communities. Back to Galcuiator FTE Jobs: The total number of full-time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization andlar its audiences. An FT(= can be one full-time employee, two half-time employees, four employees who work quarter-time, etc. Rack to Calculator Household Income: The total dntlars paid to community residents as a resul# of the expenditures made by your arts and culture organization andlar its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government The total dollars received by your local and state govomments (e.g., license fees, taxes) as a result of the Revenue: expenditures made by your arts and culture organization andlar its audiences, Back to Calculator When using estimates derived from this calculator, alvrays keep the following caveats in mind: (1}the results of this analysis are based upon the averages of similarly populated communities, {2) input/output models were customized far each of these simliarky populated communities, prnv?ding very specific employment, household incoraze, anti government revenue data. and (3) your results are therefore estimates, and should not be used as a substitute Car conducting an economic impact study that is customized far your community. © Copyright 2007 by Americans for the Arts. tisnvly.Anteric~nsForTheArts.orct r`r"`' l~ttp:llww~v.amet•icansfortl~earts.org/in Pot•t~~ation_services/researel~/sez•vices/ecaaio>~~ic_impa... 4/8/2011 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 12, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MAY 17, 2011 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The City Commission is requested to review appealable actions taken by various Boards during the period of May 2, 2011 through May 13, 2011. BACKGROUND This is the method of informing the City Commission of the land use actions taken by designated Boards which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting agenda of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meetin of~May 11, 2011 A. Approved with conditions (4 to 0, Scott Porten stepped down, Rustem Kupi and Svetlana Simon absent), a request to paint two murals on the east and north elevations of the pavilion structure within the Putt'n Around property, located on the west side of NE 5th Avenue, south of NE 4th Street (350 NE 5th Avenue). B. Approved (5 to 0), a request for an exception to the blanket sign program for Monterrey Supermarket at Linton Square, located at the northeast corner of Linton Boulevard and Congress Avenue (1585 South Congress Avenue). C. Approved (5 to 0), a request for a color change for Bank of America, located at the southeast corner of Linton Boulevard and Military Trail (16126 South Military Trail). D. Approved with conditions (4 to 0, George Brewer stepped down), a Class I site plan modification associated with architectural elevation changes for Rocky's Retail Building located on the west side of SE 5th Avenue, south of East Atlantic Avenue (20 SE 5th Avenue). E. Approved with conditions (5 to 0), a Class V site plan, architectural elevation plan and landscape plan associated with the construction of an 18,590 sq. ft. retail building with a 2,751 sq. ft. mezzanine and a future 5,022 sq. ft. bank with four (4) drive-thru lanes for Block 11, located on the south side of SE 6th Street, between SE 5th Avenue and SE 6th Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ' MAY 17 2011 ~ z~ U~,~ ~n~~~ i ~ ~ ~ PLANNING AND ZONING ~~ ~ LQCAT~QN MAP ~F~ acn~E DEPARTMENT SPRAB: ~. PUTT'N AROUND D. ROCKY'S RETAIL BUILDING 8. MONTERREY SUPERMARKET AT LINTON SQUARE E. BLOCK 11 C. BANK OF AMERICA -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\5-17-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: May 10, 2011 SUBJECT: AGENDA ITEM 8.L1 -REGULAR COMMISSION MEETING OF MAY 17, 2011 PURCHASE AWARD/ISLAND AIR CONDITIONING ITEM BEFORE COMMISSION Approve purchase award to Island Air Conditioning for the replacement of (2) two new air-conditioning units at the Community Center. Total cost for this project will be $17,900.00, and funding will come from the Capital Improvement Program. BACKGROUND Money was approved in this years' Capital Improvement Program to replace (2) two air-conditioning units in the gym area at the Community Center. Three quotes are attached for your review. $17,900.00 Island Air Conditioning $21,721.00 Atlantic Refrigeration Corp. $25,730.00 Van's Comfortemp Parks and Recreation Department request approval to award the purchase of (2) two new air- conditioning units including installation to Island Air Conditioning, the lowest quote. FUNDING SOURCE Funding is available from the CIl' budget 334-4125-572-46.10. RECOMMENDATION Staff recommends approval. pBr~ ~i~i~~~~~a~ April 20, 20.I1 36Q N~ nth Street. ........... Delray 8eacli, FI. 3344 {5591 z78-3'188 ~ Fax: (~61)Z78~f„6~ Tolf ~ree:866-71~-348$ ~vLVtiv, i 51ai~elai rcoo~'ttiori i n~,et~n3 Ff. 5fate Lic. C,~CO?S39i ~'am: Stet=e .Ruud "1`a: Clayton ~ilhert Subject: ~,/C replaceix~ezzt fot' I7elra~v $each C;arusnunity Centier Outlined be~c~yrs our proposaS and seope:oF work to replace two (2) rooftop pack. age aiir co~~ditioning systems to include the follow~;r7g; ~ 2 -~ C~~ier paalcage ~u~i# ax~vdel - 50TC-1~ 121~,2B5-OAQAO + 2 -Electric heaters + ~ -Manual autda.ar darr~pers 2 - ~Iectroiie prograrnnlable therzx~astats , 2 - ~mokc duct de#ectors' with test station • Crane lift + Reconnect to exist~ig duct..and eieGtric • Hurricane strapping Complete i~stallafion. ~7Varr~uaty • 5 dear caii~pz-essa frar~n. Cat~'i~r • 5 Year.e~.ec#richeater from Carrlex • ~ Year all Other parts frorra C~zrier + 1 Year labor frarn Island Air -Cast +. ~.17;9Q0,0~ (~eveitezn thousand i~i~e l~ti~~dred dafiars) Tslattci Aix IJate Accepted TJate ~ `d 9~F39RL~Z9~ ~u2u~t~rpuo~ :~r~ pueZsl ASS =,6.^ i T i~ ~ad~ q~i ii ii ~dt1~~~s i~~ ~ta:~'rrJ,l ii ~ "~~`;~~ ~ p iliilit~ ~ ~~ ~ i~ ~ci,i_ ;~a~: ttin~~iin~d~~lt"~.' I1~S'TALLATI~N A~I2]C~TVIEN'~` ATLANTIC REFKIGERl-~TION CQI~P:; lierein'refer•red to as ATLANT.[C,: asld Delia Beach ci o ;hereinafter rei-ezred to as CiJ5TC7MF.1~, .hereby agrees that Atlantic will insta[1 air condltioning equi,ptnent at.tlie folIo'n+ing ]ocatia.n: SO NW :1st l~ventis ..Deli-a Beach 'FL 33.444 Goi~ntJn[ ~ Center.-NW & S m area . EQUIPMENT SYECIFICAT~ONS 2 -Carrier SQTG-Di ~.A2B~ rooftop packaged air conditioning. systems.. Rated at a 11._3 EER @ 11-4;000 BTU/fir. ~N~TAELAT)CON DETAIT,S. Remove & dispose ofthe existing paci~aged ,systeJns far :the NW & SE gytn.area. lnstaEl the above specified systeJtts providing alf.necessary inodifiicati.orJS'the existing roof stands; dtzcf,. electrical & d..raina.ge connections: Pricing in.clitdes crane service. City ofl7elray Beach permit tees. are not.incl~ded ~~ will be pravi.ded.at ctyst, as roquired. A Syear co>npressor, lyear pats-and lyaar labor warrarJty covers this installation. TI{aRMS & COI~DITIQNS 1. '1'liis agreement covers gnly the above-m~utioned equtptne.~it-and 4i+ork..4nv additional worlc,'w~ll be tl;e responsibilit}~ oftlie customer: 2: A 50% payment is required at the tiiiie of Ac¢ept¢nce oftlie agreemont~; tJie remaining balance. is due upon aumPletiun. Late j~aytnenls shall bear interest at the rate df i-I12,°/ ~ger.ingntN. 3, It' is ngreed that al( of #lre material provided under this,¢greemenl 5}ia}I be and remain personal properly; and the title to it is hereby retautied by A#1¢ntie and shad not pass to the casfo~ner until tl~e tuli agreement price Jags been paid. Li ease of defriult by the customer, all costs of collection, whether suit be brought or pot; shad ~e pain by customer. Atlantic sl~a11 not be ]ialle far any delay,:lnss or dainagc caused Uy acts of God, strikes; accidents; or any other reason beyond.its conlral: Agree~entis valid 1or30 clays. TC]`I`Al::INVESTIVIENT $2.1,'721,b0 b ' _ __ .4tlanttc Authorized Representative 4/25/11. C«stottset' Attthot'ized Sib atute. A~~~ntic.I~efrigeration :Cor~ora.tion ;12.55 N.W.. 17th Avenue, I7cleay B.eacll, Ftorida 33445. :obi-278-.1.937 fax; S6i.-278-{}3.73 1~vw~~r.atlantictefz•igeration:cc ~~z f }~ , i {+~iifyliiih ; }~~tii~I ~ r~~; ~(~€{iil'li',:fi? ~~~~,}fi. ~ ~If~tiUiiliilliQiliil~lfillfi%;iiiiii~iiiiiii~if:~~l~@, rr, {~~~ ~xr C`~~ld~~ial~ii~ ~ ~t<fri~era~c~i;~ 1ti Tli-ecl lini rgy~• ~rni~app C`i~ nl~~elray Beach ~ ~~Rnrnt~~ifiy Gemtex (site lucatiouj; 54.1vVlr ySr A~elius; I:De~ray ~3eacl#; FI.. 3344. Contact: Clayton Gzlbe~ April. 28, 20I l b3~e. are pl~as•ed to sul~nit the fallowing c~,s'tiiainte. cr6ove-~rie~tiortecT Iveatian ~ proposals valid for 30 days. ~PTY~~ #1:. (2~ i~ew.Ir$~10a ~0:~:®a~ ~TIT's (2} Carri~:r r~ofitcip pa~ki~ge units: rrt~F ~QHC~p1~,/~ ~- vffer[ng 1'i':7 SEi f~ (~} I~~w dur~t'trr~n~itii~n~ (2} ~IPw.i~netai shtouds - i;2} New ft>r:sfz-air darrlp~rs. (1') ~nnd~n.sato drain conr~~ction with ~r~ergeriay float twitch - (2) Ct`ane lift - Csr€ified teet7nicians p~rli~rrr~[ing.ali aspects of wnrici~ianship inciudirig .daily clean: up 1lan's Ce~mfaci[emp uiri~a= Ira.~Eali' ~ncf ~'~aa'n1.st1 corrrjol~tFe; tie abov'~-r~ierttio~~ea[ ~e~r~iprrierat paclrae~$ artd ~arraraty .same. fia~r tfll~ atirtcaurgt iaf' Twenty~flve tlit~u~and 8~ seven-li>,ind.r~.e1 & thirt}r dollars $~ OQ11Qfl .., . ~~5;P3dB.00 QI~1'{~N.#2: 42.E New 1t~a~er eR~m~n~~ ., adtf $i30~,ad~ ~#~ln¢l~fl•d ~~el~s~e~~[s:.l~igh ausl.low voltage electrical, eleeti•ic~l. diseu€~nects,: steal stands; nr anodfications, f>te.s~+fety conkrals and equipn~ent,.control coiulection or wiring otany'1:ind, szx#ake cletectots ui` alarms, dari~entry dr xaafiiig vi?oz~k oYarry',kinfl, Yrarranty service €a existing aquilimen#, #°ir~ canll;,iti~; drawings, engineering or wind load calcuiatians; re~rigera##t air condensate ci~ain pipi~~; other.thau F~•cs~n .existing location or any wgkk i~ot liste. d above. N1ana$~c~iirer 16Varr~nfiy: (one-year darts ~i lahnr, plus:aur.a~clition~:l'years on cam. presso~~ parf. R~ylraeil~t Teas: Puxcnase ardor - net.3b. ~a~a's ~oxaa~~a~ean~. _.. ~ Il~.'I'~ 41~f2~61~, .Days Cxrirde, CRinrlteP'CiaCManciger ~aas,t~aTStera ~A~~ ... - .~,. -:7.r -- Persorr(sJ Ifespansil~le~m`f'Prymerit ilea's Comfokteriup Air Condifinning 1~5 ~, Congress Avenue Qelray liearh, T'L'33445 sao s~o:sv©s xros ~'ax. SG1.278.54y9 ~iafie License CAC18135Sk Etrlail [la~C.gorte@rea9ervices.coin ww~y:yanscnmfoi•tenep.coirP TL12NfS & COfVI77T1(J1VS: It rs Agreed arrcl ttPidersddtid Gy.t]ie pasties iltal. Bald equrprmer7# ivlPi.clz iic sold purs.ucirtt hereto shall not beeorri~ frxtrtr'2s or ~'icia7 of -.the real estate wlr2rn tlPny are pTncec& Sartl parts arrcd equiprnertt :shall aJ-all trnPes remain personal property aril tJie:title tlPSr'eto sluifl.retnairt in thy' se{der untld;~kyrPrertt itr,~iill is rec¢1veu. Bayer h¢reby agrees that all egPPlpirPentrrirry be repossessed in ihs evetrl of raorr payPrrerrC. MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: May 9, 2011 SUBJECT: AGENDA ITEM 8.J.2 -REGULAR COMMISSION MEETING OF MAY 17, 2011 CONTRACT AWARD/OVIVO USA, LLC ITEM BEFORE COMMISSION Request an award to Ovivo USA, LLC in the amount of $29,456.00 for removing and replacing the gear motor unit on Clarifier #2 at the Water Treatment Plant. Ovivo is the equipment manufacturer for the unit. BACKGROUND During March 2011, Water Treatment Plant operators noticed some vibration on the turbine drive assembly at Clarifier Unit #2. Staff contacted the unit's manufacturer, EIMCO Water Technologies, to come and evaluate the unit's condition. Onsite evaluation indicated worn bearings on the gear motor. To repair the unit involves its removal and replacement. Ovivo USA, LLC (formerly EIMCO Water Technologies) provided a quote in the amount of $29,456.00 for replacing the gear motor unit. The scope of work includes mobilization, crane rigging, and removaUreplacement of the unit. The new unit will be a direct drive/variable speed type vs. the existing belt drive type unit. Staff recommends, award to Ovivo USA, LLC in the amount of $29,456.00 for the replacement of the gear motor unit. The new unit will have a standard one year warranty. The "Standard Form of Agreement between the City and Contractor" will be executed. FUNDING SOURCE Funding is proposed from account #442-5178-536-64.90, Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment, in the amount of $29,456.00, after a budget transfer. RECOMMENDATION Staff recommends award to Ovivo USA, LLC in the amount of $29,456.00 for replacement of the gear motor unit on Clarifier #2 at the Water Treatment Plant. PREPARED FOR City of Delray Beach, FL WTP 200 SW 6th Street Delray Beach, FL 33444 561-243-7318 561-243-7316 Fax Attention: Mr. John Bullard AREA REPRESENTATIVE TSC-Jacobs 11021 Countryway Blvd. Tampa, FL 33626 813-888-5556 Attention: Todd Rubens Proposal No. Q04588B-TAR Proposal Date: May 5, 2011 Page 1 of 9 PROJECT: Rebuild the turbine drive (C72P) EIMCO 65' dia. Reactor Clarifier Serial # 22695-01? PREPARED BY Ovivo USA, LLC 4255 Lake Park Blvd. -Suite 100 Salt Lake City, Utah 84120-8201 Terry A. Reyburn Phone (801) 931-3239 Fax (801) 931-3090 terry.reyburnnu,ovivowater.com PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com Proposal No. Q04588B-TAR Proposal Date: May 5, 2011 ~ ~"~ { ~ ~~ Page 2 of 9 ... _____T~6-~'~~JO~.OI~ EIMCO Water Technologies, LLC (EWT) is pleased to announce, effective September 13, 2010, it has changed its name. The new name is: ~vlV~ V ~.7A, LLC. www.ovivowater.com PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com Proposal No. Q04588B-TAR Proposal Date: May 5, 2011 Page 3 of 9 PROJECT SUMMARY: Ovivo is pleased to provide the following proposal to replace the existing gearmotor on the West side Reactor Clarifier with a new style gearmotor that includes a variable speed drive (VFD). The Reactor Clarifier is a 65' dia. tank with the Serial Number 22695-01 (please verify). We will also include the labor installation to install this unit, but the electrical portion will need to be done by the customer. Replacement gearmotor includes: • Gearmotor approx. 30HP (VFD suitable motor) • Pedestal Steel Plate • Coupling • VFD • Related hardware • Engineering • Freight Labor Services: Ovivo will supply supervision, labor, service and equipment necessary to complete this rebuild project. We include: • Site mobilization • Removal of the existing turbine drive gearmotor • Replacement of new turbine drive gearmotor • Support of superstructure as needed • Crane, Mats, rigging and related equipment • Demobilization of personnel and equipment. • One shift, 10 hours per day We do not include: • Draining, cleaning and filling of tank • Lubrication for drive units • Electrical connections or disconnection. • Over-time work hours • Disposing of old debris. Gearmotor & Labor Services ........................................ $29,456.00 Price is based on locating the crane adjacent to the tank. PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com Proposal No. Q04588B-TAR Proposal Date: May 5, 2011 Page 4 of 9 EWT anticipates 8-10 weeks for materials; 1 day to remove the gearmotor, 1-2 days to re-install and check out unit. DELIVERY Ovivo intends to ship all Products as indicated above after receipt of approved purchase order from Purchaser. However, the date of shipment of the Products represent Ovivo's best estimate, but is not guaranteed, and Ovivo shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in this proposal. If such delivery is prevented or postponed by reason of Force Majeure, as defined in Ovivo's standard terms and conditions of sale, Ovivo shall be entitled at its option to tender delivery to Purchaser at the point or points of manufacture, and in default of Purchaser's acceptance of delivery, to cause the Products to be stored at such a point or points of manufacture at Purchaser's expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this proposal. If shipment is postponed at request of Purchaser, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from Ovivo that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by Ovivo with respect to the Products shall be for the account of Purchaser and shall be paid by Purchaser when invoiced. PRICING TERMS All prices quoted are in US Dollars. Prices are good for 45 days. After expiration of the pricing effective period, prices will be subject to review and adjustment. Prices quoted are FOB point of shipment, with freight included to an accessible point nearest the jobsite. Federal, state or local sales, use or other taxes are not included in the sales price. PAYMENT TERMS Payment terms are: One hundred percent (100%) payment due within thirty (30) days after Purchaser's receipt of invoice. Credit is subject to acceptance by the Ovivo Credit Department. Purchaser shall remit payment for proper invoices received from Ovivo in accordance with the payment terms stated above even if the Purchaser has not been paid by the Purchaser's customer (the "Owner"), if Purchaser is not the end-user of the Products. Payments are due within thirty (30) days after Purchaser's receipt of invoice. Overdue and unpaid invoices are subject to a service charge of 2% per month until paid. PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com Proposal No. Q04588B-TAR Proposal Date: May 5, 2011 Page 5 of 9 If Purchaser requests or causes cancellation, suspension or delay of Ovivo's work, Purchaser shall accept transfer of title and pay Ovivo all appropriate charges incurred up to date of such event plus Ovivo's overhead and reasonable profit. Additionally, all charges related to and risks incidental to storage, disposition and/or resumption of work shall be borne solely by Purchaser. Full payment for all work shall be due and payable thirty (30) days from the date work is placed into storage. TAXES Federal, State or local sales, use or other taxes are not included in the sales price. Such taxes, if applicable, shall be for Purchaser's account. BACKCHARGES In no event shall Purchaser/Owner do or cause to be done any work, purchase any services or material or incur any expense for the account of Ovivo, nor shall Ovivo be responsible for such work or expenses, until after Purchaser/Owner has provided Ovivo's PROJECT MANAGER full details (including estimate of material cost and amount and rate of labor required) of the work, services, material or expenses, and Ovivo has approved the same in writing. Ovivo will not accept Products returned by Purchaser/Owner unless Ovivo has previously accepted the return in writing and provided Purchaser/Owner with shipping instructions. YYPURCHASE ORDER SUBMISSIONYY In an effort to ensure all purchase orders are processed timely and efficiently, please submit all purchase order documentation to the following department and address: Attn: Order Entry Administrator Ovivo USA, LLC 4255 Lake Park Blvd., Suite 100, Salt Lake City, Utah 84120 Fax #: 801-931-3080 Tel. #: 801-931-3000 ADDITIONAL FIELD SERVICE PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com Proposal No. Q04588B-TAR Proposal Date: May 5, 2011 Page 6 of 9 When included and noted in the Product pricing of each proposal item, Ovivo will supply the service of a competent field representative to inspect the completed installation and adjustment of equipment, supervise initial operation, and instruct Owner's personnel in the operation and maintenance of each proposal item for the number of eight (8) hour days. Notwithstanding Ovivo's performance of the above-referenced services, Ovivo shall not be held liable for any faulty workmanship or other defects in the Products' installation, or for other goods and/or services, performed by third parties unless such goods and/or services are expressly included under Ovivo's scope of work. If additional service is required, it will be furnished to the Purchaser and billed to him at the current rate for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. It shall be the Purchaser's responsibility to provide for all necessary lubrication of all equipment prior to placing equipment in operation. All equipment must be in operating condition and ready for the Field Service Engineer when called to the project location. Should the Contractor not be ready when the Field Service Engineer is requested or if additional service is requested, the Ovivo current service rates will apply for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. SURFACE PREPARATION AND PAINTING GENERAL INFORMATION If painting the Products is included under Ovivo's scope of work, such Products shall be painted in accordance with Ovivo's standard practice. Shop primer paint is intended to serve only as minimal protective finish. Ovivo will not be responsible for condition of primed or finished painted surfaces after equipment leaves its shops. Purchasers are invited to inspect painting in our shops for proper preparation and application prior to shipment. Ovivo assumes no responsibility for field service preparation or touch-up of shipping damage to paint. Painting of fasteners and other touch-up to painted surfaces will be by Purchaser's painting contractor after mechanism erection. Clarifier motors, gear motors and center drives shall be cleaned and painted with manufacturer's standard primer paint only. It is our intention to ship major steel components as soon as fabricated, often before drives, motors and other manufactured components. Unless you can insure that shop primed steel shall be field painted within thirty (30) days after arrival at the jobsite, we encourage you to purchase these components in the bare metal (no surface prep or primer) condition. Ovivo cannot accept responsibility for rusting or deterioration of shop applied prime coatings on delivered equipment if the primed surfaces have not been field painted within thirty (30) days of arrival at the jobsite using manufacturers' standard primers. Other primers may have less durability. PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com GENERAL ITEMS NOT INCLUDED Proposal No. Q04588B-TAR Proposal Date: May 5, 2011 Page 7 of 9 Unless specifically and expressly included above, prices quoted by Ovivo do not include unloading, hauling, erection, installation, piping, valves, fittings, stairways, ladders, walkways, grating, wall spools, concrete, grout, sealant, dissimilar metal protection, oakum, mastic, field painting, oil or grease, electrical controls, wiring, mounting hardware, welding, weld rod, shims, leveling plates, protection against corrosion due to unprotected storage, special engineering, or overall plant or system operating instructions or any other products or services. MANUALS The content of any and all installation, operation and maintenance or other manuals or documents pertaining to the Products are copyrighted and shall not be modified without the express prior written consent of Ovivo. Ovivo disclaims any liability for claims resulting from unauthorized modifications to any such manuals or other documents provided by Ovivo in connection with the Project. WARRANTY AND CONDITIONS Ovivo standard Terms and Conditions of Sale, QFORMEWT 0115-02031 is attached and made an essential part of this proposal. These terms and conditions are an integral part of Ovivo's offer of Products and related services and replace and supersede any terms and conditions or warranty included in Purchaser or Owner requests for quotation or specifications and cannot be changed without written approval from an authorized representative of Ovivo. CONFIDENTIALITY To the extent allowed by applicable law, the contents of this proposal are confidential and shall be used by Purchaser and/or Owner only for the purpose of evaluating Ovivo's offer of goods and services in connection with the Project. Purchaser/Owner shall not disclose the contents of this proposal to any third party without the prior written consent of Ovivo. Attachments: Ovivo USA, LLC General Terms and Conditions, QFORMEWT 0115-02031 Rev H Ovivo USA 2010 North American Field Service Rate Schedule PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com TERMS Proposal No. 09142010 - TBM & Proposal Date: September 14, 2010 CONDITIONS Page 9 of 10 1. ACCEPTANCE. The proposal of Ovivo USA, LLC ("SELLER"), as well as these terms and conditions of sale (collectively the "Agreement"), constitutes SELLER'S contractual offer of goods and associated services, and PURCHASER'S acceptance of this offer is expressly limited to the terms of the Agreement The scope and terms and conditions of this Agreement represent the entire offer by SELLER and supersede all prior solicitations, discussions, agreements, understandings and representations between the parties. Any scope or terms and conditions included in PURCHASER'S acc eptanc e/purchase order that are in addition to or different from this Agreement are hereby rejected 2. DELIVERY. Any statements relating to the date of shipment of the Products (as defined below) represent SELLER'S besrt estunate, but is not guaranteed, and SELLER shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in acwrdanc e with the delivery terms stated in SELLER'S proposal. if such delivery is prevented or postponed by reason of Force Majeure (as defined below), SELLER shall be entitled at its option to tender delivery to PURCHASER at the point or points of manufacture, and in default of PURCHASER'S acceptance of delivery to cause the Products to be stored at such a point or points of manufacture at PURCHASER'S expense. Such tender, if ac;c;epted, or such storage, shall constitute delivery for all purposes of this agreement if shipment is postponed at request of PURCHASER, or due to delay in receipt of shipping instections, payment of the purchase price shall be due on notice from SELLER that the Products are ready for shipment Handling, moving, storage, insurance and other charges thereafter incurred by SELLER with respect to the Products shall be for the account of PURCHASER and shall be paid by PURCHASER when invoic ed 3. TITLE AND RLSK OF LOSS. SELLER shall retain the fullest right, title, and interest in the Products to the extent permitted by applicable law, including a security interesrt in the Products, until the full purchase price has been paid to SELLER. The giving and accepting of drafts, notes and/or trade acceptances to evidence the payments due shall not constitute or be construed as payment so as to pass SELLER'S interesrts until said drafts, notes and/or trade ac c;eptances are paid in full. Risk of loss shall pass to PURCHASER at the delivery point. 4. MECHANICAL WARRANTY. Solely for the benefit of PURCHASER, SELLER warrants that new equipment and parts manufactured by it and provided to PURCHASER (collectively, "Products' shall be free from defects in material and workmanship. The warranty period shall be twelve (12) months from startup of the equipment not to exceed eighteen (18) months from shipment if any of SELLER'S Products fa>7 to comply with the foregoing warranty, SELLER shall repair or replace free of charge to PURCHASER, EX WORKS SELLER'S FACTORIES or other location that SELLER designates, any Product or parts thereof returned to SELLER, which exainu~ation shall show to have failed under normal use and service operation by PURCHASER within the Warranty Period; provided, that if it would be umpracticable for the Product or part thereof to be returned to SELLER, SELLER will send a representative to PURCHASER'S job site to inspect the Product. if it is determined after inspection that SELLER is liable under this warranty to repair or replace the Product or part thereof, SELLER shall bear the transportation costs of (a) returning the Product to SELLER for inspection or sending its representative to the job site and (b) returning the repaired or replaced Products to PURCHASER; however, if it is determined after inspection that SELLER is not liable under this waranty, PURCHASER shall pay those costs. For SELLER to be liable with respect to this warranty, PURCHASER must make its claims to SELLER with respect to this warranty in writing no later than thirty (30) days after the date PURCHASER discovers the basis for its warranty claim and in no event more than thirty (30) days after the expiration of the Warranty Period. In addition to any other limitation or disclaimer with respect to this warranty, SELLER shall have no liability with respect to any of the following: (i) failure of the Products, or dxunages to them, due to PURCHASER'S negligence or willful imiSC;onduc;t, abuse or umproper storage, installation, application or maintenance (as specffied in any manuals or written instmctions that SELLER provides to the PURCHASER); (u~ any Products that have been altered or repaired in any way without SELLER' S prior written authorization; (iii) The costs of dismantling and reinstallation of the Products; (iv) any Products damaged while in transit or otherwise by accident; (v) decomposition of Products by chemical action, erosion or wrrosion or wear to Products or due to wnditions of temperature, moisture and dirt; or (vi) claues with respect to parts that are consumable and normally replaced during maintenanc e such as filter media, filter drainage belts and the like, except where such parts are not performing to SELLER'S estimate of normal service life, in which case, SELLER shall only be liable for the pro rata cost of replacement of those parts based on SELLER' S estunate of what the remaining service life of those parts should have been; provided, that failure of those parts did not result from any of the matters listed in clauses (i~ through (v) above. With regard to third-party parts, equipment, accessories or components not of SELLER'S design, SELLER'S liability shall be lunited solely to the assignment of available third-party warranties. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. All warranties and obligations of SELLER shall ternu~ate if PURCHASER fails to perform its obligations under this Agreement including but not lunited to any failure to pay any charges due to SELLER SELLER'S quoted price for the Products is based upon this warranty. Any increase in warranty obligation inay be subject to an increase in price. 5. PAINTING. The Products shall be painted in accordance with SELLER'S standard practice, and purchased items such as motors, controls, speed reducers, pumps, etc., will be painted in ac c;ordanc e with manufacturers' standard practices, unless otherwise agreed in writing. G. DRAWINGS AND TECHNICAL DOCUMENTATION. When PURCHASER requests approval of drawings before cocmnenc ement ofmanufacture, shipment may be delayed if approved drawings are not returned to SELLER within fourteen (14) days of receipt by PURCHASER of such drawings far approval. SELLER will furnish only general arrangement, general assembly, and if required, wiring diagrams, erection drawings, installation and operation-cnaintenanc;e manuals for SELLER'S equipment (in English language). SELLER will supply six (~ complete sets of drawings and operating instmctions. Additional sets will be paid for by PURCHASER Electronic files, if requested from SELLER, will be provided in pdj,: jpg or tij'farmat only. 7. SET OFF. This Agreement shall be completely independent of all other contracts between the parties and all payments due w SELLER hereunder shall be paid when due and shall not be setoff or applied against any money due or clauned to be due from SELLER w PURCHASER on acwunt of any other transaction or claun. & SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable license to use any information proc;essirrg program supplied by SELLER with the Products. PURCHASER acknowledges that such programs and the information wntained therein is Confidential Information and agrees: a) not to copy or duplicate the program except for archival or security pLUposes; b) not to use the program on any wmputer other than the computer with which it is supplied; and c) to lunit ac cress to the program to those of its employees who are nec;esSary to permit authorized use of the program PURCHASER agrees to execute and be bound by the terms of any software lic en.Se applicable to the Products supplied. 4 PATENT INDEMNITY. SELLER will defend at its own expense any suit instituted against PURCHASER based upon claims that SELLER'S Product hereunder in and of itself wnstitutes an infringement of any valid apparatus claues of any United States patent issued and existing as of the date of this Agreement, if notified promptly in writing and given all information, assistance, and sole authority to defend and settle the same, and SELLER shall indemmnfy the PURCHASER againsrt such clahns of infringement. Furthermore, in case the use of the Products is enjoined in such suit or in case SELLER otherwise deems it advisable, SELLER shall, at its own expense and discretion, (a) procure for the PURCHASER the right to continue using the Products, (b) replace the same with non-infringing Products, (c) modify the Product so it becomes non-infringing, or (d) remove the Products and refund the purchase price less freight charges and depreciation. SELLER shall not be liable for, and does not indemnify PURCHASER for, any claim of infringement related to (a) the use of the Products for any purpose other than that for which it was furnished by SELLER, (b) compliance with equipment designs not furnished by SELLER or (c) use of the Products in combination with any other equipment The foregoing states the sole liability of SELLER for patent infringement with respect to the Products. 10. CANCELLATION. PURCHASER may terminate this Agreement for convenience upon giving SELLER thirty (30) days prior written notice of such fact and paying SELLER for all wsrts and expenses incurred by it in performing its work and closing out the same plus a reasonable profit thereon. 11. INSPECTION. PURCHASER is entitled to make reasonable inspection of Products at SELLER'S Facility. SELLER reserves the right to determine the reasonableness of the request and to select an appropriate tune for such in.Spec;tion. All vests of inspections not expressly included as an itemized part of the quoted pric e of the Products in this Agreement shall be paid by PURCHASER 12. WAIVER Any failure by SELLER to enforce PURCHASER'S strict performance of any provision ofthis Agreement will not constitute a waiver of its right to subsequently enforc e such provision or any other provision ofthis Agreement. PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3000 • Fax: (801) 931-3080 www.ovivowater-.win pg19-9 ~~~ r-. TERMS Proposal No. 09142010 - TBM & Proposal Date: September 14, 2010 CONDITIONS Page 10 of 10 19. COMPLIANCE WITH LAW S. ff applicable laws, ordinances, regulations or conditions require anything different from, or in addition to, that called for by this Agreement, SELLER will satisfy such requirements at PURCHASER'S written request and expense. 20. FORCE MAJEURE. if SELLER is rendered unable, wholly or in material part, by reason of Force Majeure to carry out any of its obligations hereunder, then on SELLER'S notice in writing to PURCHASER within a reasonable time after the occurrence of the cause relied upon, such obligations shall be suspended "Force Majeure" shall include, but not be limited to, acts of God, laws and regulations, strHces, civil disobedience or uni~st, lightn'ng, fire, flood, washout, storm, communication lines failure, delays of the PURCHASER or PURCHASER'S subcontractors, breakage or accident to equipment or machinery, wars, police actions, terrorism, embargos, and any other causes that are not reasonably within the control of the SELLER if the delay is the result of PURCHASER'S action or inaction, then in addition to an adjustment in tune, SELLER shall be entitled to reunbursement of cosrts incurred to maintain its schedule. 21. INDEPENDENT CONTRACTOR It is expressly understood that SELLER is an independent contractor, and that neither SELLER nor its principals, partners, parents, subsidiaries, affiliates, employees or subcontractors are servants, agents, partners, joint ventures or employees of PURCHASER in any way whatsoever. 22. SEVERABILITY. Should any portion of this Agreement, be held to be invalid or unenforceable under applicable law then the validity of the remaining portions thereof shall not be affected by such invalidity or unenforeeability and shall remain in full fort e and effect. Furthermore, any invalid or unenforceable provision shall be modified ac;c;ordingly within the wnfines of applicable law, giving inaxunuin permissible effect w the parties' intentions expressed herein. 23. LIMITATION ON LIABILITY. TO THE EXTENT PERMISSIBLE BY LAW, SELLER SHALL HAVE NO FURTHER LIABILITY IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE COST OF CORRECTING ANY DEFECTS, OR IN THE ABSENCE OF ANY DEFECT, IN EXCESS OF THE VALUE OF THE PRODUCTS SOLD HEREUNDER NOTWITHSTANDING ANY LIABILITIES OR RESPONSIBILITIES ASSUMED BY SELLER HEREUNDER, SELLER SHALL IN NO EVENT BE RESPONSIBLE TO PURCHASER OR ANY THIRD PARTY, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, SERVICE INTERRUPTIONS, COST OF PURCHASED OR REPLACEMENT POWER, COST OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE OR ANY OTHER INDIRECT, INCH)ENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER ARISING FROM DEFECTS, DELAY, OR FROM ANY OTHER CAUSE WHATSOEVER REVISION DATE' -MARCH 5, 2009 pg 19 - 10 NORTH AMERICAN FIELD SERVICE RATE SHEET Effective January 2010 Standard (Travel) Daily Rate (8 hour day) $ 1,000.00 Hourly Rate (4 hour minimum) $ 125.00 Standard (Labor) Daily Rate (8 hour day) $ 1,000.00 Hourly Rate (4 hour minimum) $ 125.00 Saturday Daily Rate (8 hour day) $ 1,500.00 Hourly Rate (4 hour minimum) $ 187.50 Sundays/Holidays * Daily Rate (8 hour day) $ 2,000.00 Hourly Rate (4 hour minimum) $ 250.00 Overtime ** Hourly Rate -Standard Day $ 187.50 Hourly Rate -Weekends & Holidays $ 250.00 * Except Christmas Day and New Years Day ** For all hours worked over eight (8) hours per day UNLESS OTHERWISE ARRANGED; EXPENSES ARE CHARGED AT ACTUAL COST PLUS 10% Please Note: • All of the rates provided are portal to portal. In addition, travel and living expenses will be invoiced at actual cost PLUS 10 % and documentation will be provided for these expenses. If a fixed Per Diem rate is required, it will be charged at $200.00 per day (lodging and meals) with the exception of the East Coast where the price will be $250.00). Travel on Saturday, Sunday or Holidays, and after 8 hours per day will be billed at the overtime rate. • Use of Ovivo Fleet vehicles for travel will be charged at the rate of $0.50 per mile. PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3000 • Fax: (801) 931-3080 www.ovivowater-.wm pg 19- 11 CLARIFIER UNIT #2 0 0 ® 9 ~ I~ ~ fllEL o N ~ ~ I~ 6 ~AffB ~S4P. DIES p w p ~ oE~~YL J{7YOItu.. N ~ ~ ® ® UNRNa R ® ~1 ~ 3 ~ n ~ ~LQ._-111 BLD.-P N a ~_ 0 PI ^ o CV I aNi" ~ sa ~1 ~ ® ~ SMI. 81H ST. o ~ T ~ - O ~ ~ c~ ~O° °- ~ \/ ~EeuaQu O ~ ~ UNT N0. l UNR ND. 3 BLD.-E ~ o00 a IlI~FB ]tl~ 8 o_ L4._2 NQ 1 $ ~ ~ iDD ^ + ^ ~ ^ Cq 9n's ~ooo o 0 o, ® y~ '30 3 c ~ a> a~ ~ ~ ~ o ~ p_ I a~ I `o .-~ E SML 71H S1REEf a> .` v I N N WATER TREATMENT PLANT 200 S.W. 6TH ST. N O O N U N O C ,~ CITY of DELRAY BEACH CLARIFIER #2 DATE:05/09/2011 6 ENVIRONMENTAL SERVICES DEPARTMENT ®®~ 434 Boon-1 SWNiON AVENUE, DELRAY BEACH, Ra1i~A s344a DRIVE MOTOR REPLACEMENT 2011-102 1 of 1 P9 - 18 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, P.E. Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 9, 2011 SUBJECT: AGENDA ITEM 8.L3 -REGULAR COMMISSION MEETING OF MAY 17, 2011 CONTRACT AWARD/LINE-TEC INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a contract award to Line-Tec, Inc. for the installation of water services for the sum of $49,699.00 regarding City Project #2003-052. BACKGROUND In April 20ll,the City's In-house construction crew began the installation of 5,480 linear feet of new water main along SW 1st Street, SW 3rd Avenue, SW 6th Avenue and SW 3rd Street. In conjunction with the improvements, Line-Tec will furnish and install 52 new water service connections. The work includes the excavation of the bore pits, directional drilling, 52 meter boxes, 5,614 linear feet of PVC pipe, restoration and all final connections to each location. The vendor's unit prices are based on a contract with the City of Boynton Beach Bid# 033-2821-10/JA. The following are attached within for your review: contractor estimate, location map and City of Boynton Beach Bid# 033-2821-10/JA. FUNDING SOURCE Funding is available from account # 442-5178-536-68.62. RECOMMENDATION Staff recommends approval of the contract award to Line-Tec, Inc. in the amount of $49,699.00 ~Il~ ~ ~ ~ ~ _. ~ P~ Estimate ,, I ~,.~ f ~. ~ Date Estimate # P~ra~l'~~ssion~a~ ~~m~~~A~~~rou~7~1 r I Utility ~ar~tr~_-:-~~r 5/6/2011 3375 241 NW 18th Avenue ~ Delray Beach, Fl 33444 ~ Ph: 561.279.1032 ~ Fax: 561.279.1044 ~ wwwlinetecinc.com Name /Address City of Delray Beach 434 South Swinton Ave Terms P.O. No. Project Delray Beach, Fl 33444 Net 30 SW 4th Ave & SW 3rd Ave Transfers Description Cost Qty Total This estimate is for the installation of 52 new 1" and 1 1/4" schedule 40 PVC water service from new meter box to be installed by others to the existing house connection point. Work will involve excavation of bore pit at meter box, directional bore 1" and/or 1 1/4" Sch 40 PVC to house connection point and make all final connection to house/meter. These transfers are located on SW 3rd Ave from SW 4th Street to SW 1st Street and on SW 4th Ave from SW 4th Street to SW 1st Street. All prices listed are as per The City of Boynton Beach Annual Contact Bid #033-2821-10/JA. House connection (Item #1) 300.00 52 15600.00 1" Schedule 40 PVC water pipe and sod restoration over trench, fiirnish and install (Item #2) 5.00 772 18860.00 Furnish and Install 1-1/4" SCH 40 PVC Water Service Pipe (Item #21) 7.00 1842 12894.00 Reconnect existing sprinkler connection at the house (Item #24) 75.00 7 525.00 1" meter box and lid, installation of (Item #3) 35.00 52 1,820.00 This estimate covers all labor, equipment, materials and restoration costs to complete this project, excluding any asphalt or concrete patching. Sales Tax (0.0%) $o.oo Signature Total X49,699.00 ~. , k ~ t ~ k F t W - -- --.___-_. A T L A N T l C~ _v.__~ -- _-- .._ -- ~. ~ f ;~ ~~; -----~- i i~ ~ ~ ~ I ~r j ~ WI i i(( I I~ ~.. (f E 4 F. E W~ F W ~ E ~ 3! ~ r ~ ~ t I I. ~IE ~_ k 1 ~ ~F 1ST ~ I _ _ ~.-~.~. ~-- 1 k i ~ ~ ~ ~ I I ;~ I ~ ~ 1 ~ ' 1 I I (~ . ~ ~ FI { ~ ~~ I ~ k ~~ k ~ ~ I~ S k ~ ~ i k ~~ ~ ~ , . ~ ~ 2ND ! ~~ ' L ~-. ..-._-. ~ 5 1 ' ~__ - ____ ~ ~ ~ S.W. ~ ~ ~ I I ~ ~~ ~ ~~ ~ ~ ~I M 3. [ ~ ~ I. ~ ~ s . S.W. 2ND._C~ ~ 1 i I ~ ( I ~ ~S.W. 2~ID_~ 1 ~ (~j 4 { j V/ 7ERR. ~ 1F ; I ~r ~ { II ~ ~ u] .. ~ i { ~ ~ `i .. - 3RD- ?I ~ ~~ ~ ~2 .~-. .. € €i ' ~ ~ ' ._~ I ~ ~ ~~ ~i ' ~ ~ ~ II i ~ j ~' ~~~ ~ I, --- ~ .1 t ~ ~---~--- --~ ' f ~----- ~- • A V E N U E ~I ---___-1 ~ -~--_- , 3 j 1: ~ I I j . ~ ~ 1 i i~ i ~~ i .I ~~ i ~~ i4 ~ 3i~ ~ s ~! ll Ik ~ ,_ ~ ;t~ ST. ._- .. E 1~ 'W i'~ '~ 1}¢ • I' ~ ~ s' Z ~k ~ ~ ~~ ' ~~ I ~ Fmk ~ rrF ST. u vi .~___ i ~ 1, < < ~~ II f k .I ST. I I' I LOCATIOfV nAAP The Ctity of Boonton Beach Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0330 Telephone No: (56If 742-6310 FAX: (S6I) 742-63I6 May 27, 2014 Line Tec Inc. Attn: Scott Ellsworth 241 N.W. 18~' Avenue Delray Beach, Fl 33444 RE: "TWO-YEAR SID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION" BID#: 033-2$2l -10/JA Dear Mr. Ellsworth: At the City Commission meeting of June I, 2010, the Bid for "TWO -YEAR BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNCTIONS & RESTORATION" was awarded to your company. Enclosed is a Tabulation Sheet for your review. A Purchase Order will he issued on an "As Needed" Basis. We would like to thank you for responding to this Bid and look forward to working with you. If you have any questions please contact Janet Allen, Buyer, at (561 } 742-6322. Sincerely, ,~ ? Carol Doppler, CPPB Purchasing Agent /j a Enclosure; Tabulation Sheet cc: E.es Sarkkinen _ Utilities Administration Supervisor Cents[ File Fife America's Gateway to the Gulfstream PROPOSAL BLANK BID PROPOSAL TO THE CITY OF SOYNTON BEACH, FLORIDA FOR °~TWO -YEAR BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION" Ta Al] Bidders: Date: ~ ~ ~ ~ :~C l ~ ~., The undersigned declares that he has carefully examined the specifications and is ihora~ughly familiar with its provisions and with the quality, type and grade of productJservice called for. I When submitting more than one bid proposal price for this product and/or service, indicate, how many individual and/or combination item(s) are to be tabulated and considered. Attach a se~arate proposal sheet for each. f The undersigned proposes to deliver the product service in accordance with the specificatioi<is for ti,a fnlln~arina nrir•inv• ' ITEM NO. ITEM DESCRIPTION UT1IT OF MEASURE UNIT PRICE ; 1 Furnish and install water service Each connection from City installed l 7 = ~ J ~ J ve) meter to house valve (gate va ~ I . ~. c C Size 1 " 2 I'urriish and install 1'" schedule 40 Linear foot PVC water pipe and sod ~ ~ ~.,.; , restoration over trench 3 Installation of 1" meter box and lid Installation r unit .,, 5 ~~ 4 installation of 2" meter box acid lid Installation r unit ~ ; , ter..; ~, 5 Furnish and install two inch Installation/ materials corporation stop and saddle/less per unit than 4' in de th ~~ . tT~ 6 Installation and price, per foot, of Installation: j . t~~ 2" service line with PVC casing Price per foot: i . 5 c~ I 7 Price to terrriinate/abandon Labor per unit existin water service ~C70. ~~ !terns $-12 will be used as unit pricing far 6" Dl P water lines 1o rnhaRCe esrcution o this ra'ect { 8 Furnish and install 6" gate valve lnstaiiation/Fnaterials r.. {._; I with box r u.itit ~ r s ~~=~ 16 TH15 PAGE TO BE SI}SM[TTED IN ORDER FOR PACKAGE TO SE CON5IDERED COMPLETE AND ACCEPTABLE ALTERNATNE BID ITEMS #d RESIDENTIAL WATER SERVICE SECTION uNtC tJlV1T PRICE 21 FURNISH AND INSTALL 1-i/4" SCH 40 PVC WATER SERVICE PIPE ~ ~, 4~ 22 FiIRNISH AND INSTALL 1-1/Z" SCH ~ PVC WATER SERVICE PIPE ~ t ~ C~ 23 FURNISH AND INSTALL 2" SCH 40 PVC WATER SERVICE PIPE ~ ~ ~ , O'O z4 RECONNECT EXISTING SPRKINKLER CONNECTION AT THE HOUSE ~ ~ ~ C7`~7 25 INSTALLATION OF NEW HOSE BIB ~` 75. v~ 26 ENSTALLATION OF VACUUM BREAKER ON HOSE BiB ~ ~. ~v 27 RELOCATE EXISTING 3/4" OR 1" RPZ BACKFLOW ~ f Od • C~ _.. _ .._ ... _ 28 REI:OCATE EXISTING 1.5" OR 2" RP2 BACKFLOW ~ ~SO. vz> WATER SERVICE BECKON UNIT u~IT PRICE 29 FURNISH AND INSTALL 1" CORPORATION STOP AND SADDLE LESS THAN 4' DEEP EA 302 ~ ~ 30 INSTALLATION OF 2" RS GATE VALVE AND SADDLE COMPLETE WITH VALVE BOX EA ~ 30. i7r7 31 INSl"ALLATION OF 2" P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF 1 ~, 50 32 iNSi"ALLRTION OF 1" P.E. SERVICE LINE W/O CASING FOR SHORT SIDE EF ~ 3 ~~ 33 INSTALLATION OF 1" P.E. SERVICE LINE WITH 1-1/2"CASING FOR LONG SIDE LF j' s ~ ~n 34 INSTALLATION OF 1" BALL METER VALVE ~ ~ SQ • ~ 35 INSTRLLATION OF 1-1/2" OR 2" BALL METER ~ 3ao. CEO B# WATER MAIN SECTION uNrr u~rT PRICE 36 INS"fALLATION OF 4" C90U PVC PRICE PER FOOT WITH FITTINGS ~ 3 ~ (s 37 INSTALLATION OF 6" C940 PVC PRICE PER FOOT WITH FITTINGS ~ . L7a 38 INSTALLATION OF $" C900 PVC PRICE PER FOOT WITH FITTINGS ~ (.~ 5'. ~~ p 39 INSTALLATION OF 4" CL350 DI PRICE PER FOOT WITH FI'i"TTNG5 ~ 3 ~ , ~~ 40 INSTALLATION OF 8" CL350 DT PRICE PER FOOT WITH FITTINGS ~ ~ ~ ~7 41 INSTALLATION OF FIRE H`IDRANT WITH MATERIALS (EXCLUDING 6" GATE VALVE) EA ~ ~aJ. Cs~ • ty.,~ MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: May 10, 2011 SUBJECT: AGENDA ITEM 8.L4 -REGULAR COMMISSION MEETING OF MAY 17, 2011 BID AWARD/SIMPLY THE BEST CHARTERS, INC. ITEM BEFORE COMMISSION City Commission is requested to approve a bid award to the low bidder, Simply the Best Charters, Inc., for Bus Rental and Driver Service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition, at an estimated annual cost of $35,530.00. BACKGROUND The Parks and Recreation Department has been contracting out bus services for several years for special events, summer camp, after school, youth football, etc. Bids for Bus Rental and Driver Service were received on April 26, 2011 from four (4) contractors all in accordance with City purchasing procedures. A tabulation of bids is attached for your review. Simply the Best Charter, Inc. has met all criteria specified in Bid # 2011-09. References were contacted by the staff and the responses were: highly professional, first company to call, drivers are friendly, responsible and caring, buses well kept. Staff recommends award to the low bidder, Simply the Best Charter, Inc. FUNDING SOURCE Funding from account codes as listed: Out of SchooUSpecial Events 001-4105-572-44.90 ($4,730) Summer/Holiday Camps 115-4920-572-56.0 1 ($7,500) 115-4921-572-56.01 ($4,500) Youth Football 001-4127-572-55.30 ($7,000) 115-4912-572-55.30 ($6,000) Sport & Dance Comp. 001-4127-572-44.90 ($1,800) 115-4127-572-56.27 ($2,000) 115-4127-572-56.29 ($2,000) RECOMMENDATION Parks and Recreation Department recommends bid award to the low bidder, Simply the Best Charter, Inc.. 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P c ~ ~ w N N w c~ ro C .. m C s O P N v° '~- .,.. s n b N P~ U w E C w~ N Q ~ V f 1 N N ~~ ~~ Eli L ~ N ~ ~ W 'O ro N 0 D7 ~ N ~ a °"~ ~ E ~ ~ E o . d 'b ~ L f6 N~ ~ W m ~ m ~ ~ ~ L ~ ~ L N L ° O ._ d _~ w ` ~ ° ro r N E~ w w m L g uPi ~5 a~ v m Q ~ w~ m ~ w ~ o Z~ z v iris ~ fl- c a . c w ~ a ! Cl u i ~ ~ O !E .L w ~ ° ~ ~ t v Q N 1 l b N ~ O . ~ ~ ~ b ~ ~ 3 N v ~ ~ ~ O m e yh qt U y ~^ O C C d C ~ a ' f!1 '~ n ~ ~ ~ ~ ~ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: May 10, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MAY 17, 2011 FINAL SUBDIVISION PLAT APPROVAL WAIVER REQUEST/SEASIDE ITEM BEFORE COMMISSION The item before the City Commission is the apptoval of a final plat and a waiver fora 1.34 acre, four lot, single family subdivision known as SEASIDE. BACKGROUND The 1.34 acre property consists of lots 5 and 6, Ocean Breeze Estates, according to the plat thereof, recorded in Plat Book 18, Page 36 of the public records of Palm Beach County, Florida. The plat was recorded in 1938. Lot 5 (1153 Lowry Street), contains a 4,470 square feet, 2-story single-family home and Lot 6 is undeveloped. Both lots are under common ownership, but there is no unity of title tying the lots together. The replat of the property will allow for the development of four (4) single-family homes. The property will be divided into 4 lots and Tract "A", which is a 50' wide access tract with a 100' diameter cul-de- sac being dedicated as a private street (Sea Lane). Water and sewer service will be provided within exclusive easements for that purpose. Drainage will be provided within Tract "A" and other utilities (electric, phone, cable tv and gas) will be located within a 10' General Utility Easement on the west and north sides of Tract "A". Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to 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 in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, and Consistency with the Comprehensive Plan. Upon approval of the Waiver Request, a positive finding with respect to compliance with the Land Development Regulations can also be made. LDR Section 2.4.7 (B~(5) (Reduired Findin,~s for the Grantin,~ of Waivers Pursuant to LDR Section 4.31(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(D), lot depth is "The distance measured from the midpoint of the front lot line to the midpoint of the opposite rear line of the lot. Other than at this point, the depth of a lot may be less than the minimum set forth in the matrix." By this definition, the current lots have a depth of 314 feet and front on Lowry Street. With the replat, all four of the proposed lots in this subdivision will front on Sea Lane. The proposed plat meets all the LDR requirements except for Lot 2, which at 85.58 feet deep, will be deficient in lot depth. Pursuant to LDR Section 4.31(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot depth dimension below the minimum requirement for the newly created Lot 2. Pursuant to the definition in the LDRs, lot depth is measured from the midpoint of the lot. However, as noted by the applicant, the actual measured depth of Lot 2 varies from 85'7" to 135'6", with an average depth of 104'0". This, together with a lot width that is 20 feet larger than required, provides an adequate developable area for a house on this lot. (See attached plat). As shown in the attached staff report, positive findings can be made in support of this waiver. Given the existing development pattern, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation, and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waiver in order to maintain a level of consistency and sustained development within the neighborhood. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat and the Waiver request at its meeting of April 25, 2011 and recommended approval by a vote of 6 to 0. Public Notice: Pursuant to LDR Section 4.31(D), formal public notice of the proposed waiver was provided to all property owners within a 500' radius of the subject property. Additionally, courtesy notices were provided to the Neighborhood Advisory Council, Delray Citizen's Coalition, Beach Property Owners Association and Casa La Brisa. To date, no letters of objection or support regarding the Plat or the Waiver have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION By Separate Motions: Waiver: Move approval of a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the lot depth for lot 2 of the Seaside Plat from 100 feet to 85.58 feet, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.31(D). Plat: Move approval for the Seaside Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(7) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan andlor Plat Actions) and Section 3.11 (Required Findings) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SEASIDE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request regarding the Seaside, 1.34 acre residential development has come before the City Commission on May 17, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Seaside. All of the evidence is a part of the record in this case. Waiver: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(D), lot depth is "The distance measured from the midpoint of the front lot line to the midpoint of the opposite rear line of the lot. Other than at this point, the depth of a lot may be less than the minimum set forth in the matrix." By this definition, the current lots have a depth of 314 feet and front on Lowry Street. With the replat, all four of the proposed lots in this subdivision will front on Sea Lane. The proposed plat meets all the LDR requirements except for Lot 2, which at only 85.58 feet deep, will be deficient with respect to lot depth. Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot depth dimension below the minimum requirement for the newly created Lot 2. The 85.58' proposed depth for Lot 2 is deficient by 14.42' (minimum requirement 100') as noted in the following table: (Square Lot Width Lot Frontage Lot Size Feet) Interior/Corne Lot Depth Interior/Corne r r Minimum Required 9 500 ' 75/95 100 75/95 45' (cul-de-sac) Existing Lots 29, 057 92.50 314.13 92.50 29, 218 93.0 314.17 93.0 Proposed Lot 1 12, 859 95.00 135.50 95.77 Proposed Lot 2 10, 493 115.00 85.58 105.92 Proposed Lot 3 11, 811 127.00 162.00 48.32 Proposed Lot 4 9, 566 85.74 112.50 70.70 The applicant has submitted the following justification statement: "All proposed lots meet all the requirements within the R-1-AA with the exception of proposed Lot 2 and the required minimal lot depth of 100'-0". We are requesting relief from this requirement because proposed Lot 2 directly abuts a cul-de-sac and actually has an average lot depth of over the required minimum lot depth of a 100'-0". The proposed lot depth ranges from a minimum of 85'-7" to 135'-6'; with the average lot depth of 104'-0". In addition, the developer is proposing a 100'-0" radius and is not seeking the minimal 90'-0" radius for the cul-de-sac dimension which has been allowed in similar developments in the past. For the above reasons, we feel that the reduced lot depth is appropriate and justified with regards to the Land Development Regulations Section 4.3.1(D). " Should the waiver to Section 4.3.4(K) to reduce the lot depth for lot 2 be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 2 5. Based on the entire record before it, the City Commission approves denies the waiver request and hereby adopts this Order this 17th day of May, 2011, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 25, 2011 AGENDA ITEM: Iv.A. ITEM: Final Plat approval in conjunction with the creation of a four-lot single family subdivision for Seaside, located on the north side of Lowry Street, west of Andrews Avenue. GENERAL DATA: Applicant .............. Lowry Development, LLC Owners ..................... Beneficiaries of the Estate of Louise W. Devine, deceased. Ian Devine, as Personal Representative of the Estate has the power of attorney to convey the subject property on behalf of the beneficiaries of the Estate. Agent ......................... GE Architecture, Inc. Location .......................... North side of Lowry Street, between Seabreeze Avenue and Andrews Avenue Property Size .................. 1.34 acres Future Land Use Map.... Residential Low Density - 0-5 du.ac (LD) Current Zoning ............... R-1-AA (Single Family Residential) Adjacent Zoning....North: R-1-AA (Single Family Residential) East: RM (Multiple Family Residential -Medium Density) South: RM (Multiple Family Residential -Medium Density) West: R-1-AA (Single Family Residential) Existing Land Use.......... One (1) Single Family Home and a vacant lot Proposed Land Use........ Four (4) Lot Single-Family Subdivision Water Service ................. Extension from an 6 inch main along Lowry Street. Sewer Service ................ Extension from an 8 inch gravity main along Lowry Street IV.A. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for an 1.34 acre residential development containing four (4) single-family lots to be replatted as Seaside. The subject property is located on the north side of Lowry Street between Seabreeze Avenue and Andrews Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 1.34 acre property consists of lots 5 and 6, Ocean Breeze Estates, according to the plat thereof, recorded in Plat Book 18, Page 36 of the public records of Palm Beach County, Florida. The plat was recorded on January 8, 1938. Lot 5 (1153 Lowry Street), contains a 4,470 square feet, 2-story single-family home and Lot 6 is undeveloped. Both lots are under common ownership, but there is no unity of title tying the lots together. PLAT DESCRIPTION The replat of the subject property will allow for the development of four (4) single-family homes. The property will be divided into 4single-family lots and Tract "A", which is a 50' wide access tract with a 100' diameter cul-de-sac being dedicated as a private street (Sea Lane). Water and sewer service will be provided within exclusive easements for that purpose. Drainage will be provided within Tract "A" and other utilities (electric, phone, cable tv and gas) will be located within a 10' General Utility Easement on the west and north sides of Tract "A". PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to 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 in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) -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 subject property has a Future Land Use Map designation of LD (Residential- Low Density, 0-5 du/ac) and is zoned R-1-AA (Single Family Residential). Pursuant to the Land Use Designation/Zoning Matrix (Table L-7, Future Land Use Element), the R-1-AA zoning district is consistent with the LD Land Use Map Designation. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(8) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund P&Z Board Staff Report, Meeting of April 25, 2011: Seaside Plat Page 2 and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The development includes the extension of a new 6 inch water main that will connected to the existing 6 inch water main along the north side of Lowry Street at the southeast corner of the site. Sewer service is available via extension of a 8 inch sewer main from the existing 8 inch sewer main along the south side of Lowry Street at the southeast corner of the site. Fire protection is proposed via the installation a new fire hydrant on the east side of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The engineering plans indicate that storm water drainage will be accommodated via sheet flow to catch basins at the front of the properties and directed into the private roadway. The roadway will be developed with a permeable paver system to accommodate the required storm water storage. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The applicant has submitted a traffic analysis that indicates that the proposed development will generate (40) daily trips, (3) AM peak hour trips and (6) PM peak hour trips. This impact is minimal and no further analysis of residential projects that generate 20 or fewer peak hour trips is required. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for the project. A total fee of $2,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed four (4) single-family homes will generate 7.96 tons of solid waste per year (4 units x 1.99 tons = 7.96 tons). The existing one (1) single-family homes generates 1.99 tons of solid waste per year. Therefore, the development proposal would result in a net increase of 5.97 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2031, thus a positive finding with respect to this level of service standard can be made. Schools: A positive finding of school concurrency has been received from the Palm Beach County School District. Section 3.1.1 (C) -Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. P&Z Board Staff Report, Meeting of April 25, 2011: Seaside Plat Page 3 Section 3.1.1 (D) -Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the subdivision of any lot, tract or parcel of land. The property will be divided into 4single-family lots and Tract "A", which is a 50' wide access tract with a 100' diameter cul-de-sac, being dedicated as a private street (Sea Lane). The dedication language for Tract "A" also provides for "the right of the City of Delray Beach to access and/or repair water and sewer service mains within said tract."This is not acceptable, since the City requires separate exclusive easements for that purpose. The Plat and dedication language must be amended accordingly. This has been included as a technical comment. Drainage will be provided within Tract "A" and other utilities (electric, phone, cable tv and gas) will be located within a 10' General Utility Easement on the west and north sides of Tract "A". • LDR Section 6.1.3(B)(2)(Sidewalk Design Requirements): Pursuant to LDR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within the street right-of-way (or easement or tract). At its meeting of March 24, 2011, the DSMG found that no sidewalk will be required along the north side of Lowry Street. A sidewalk is being accommodated within the interior of the property along the west side of Tract "A", and within a 4' sidewalk easement along the west and north sides of the cul-de-sac. The sidewalk easement must be increased to 5' in width and this has been added as a technical comment. Additionally, it is noted that the sidewalk is labeled as "Future" on the Engineering Plans. Although the construction of the sidewalk may be deferred, it will require DSMG approval. • LDR Section 5.3.1(Right-of-Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. As noted above, vehicular access to the proposed single-family lots will be taken directly from Sea Lane as a point of ingress/egress connected to Lowry Street. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for local residential streets is 50 feet with curb and gutter. Sea Lane is shown as a 50' wide access tract with a 100 feet diameter cul- de-sac on the plat. • LDR Section 6.1.2(C)(3) (Design Standards -Pavement Width): Pursuant to LDR Section 6.1.2(C)(3)(a), the minimum paving width for local streets is 22', which is the proposed width for Sea Lane. Comprehensive Plan Policies: A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the applicable Objective was noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods P&Z Board Staff Report, Meeting of April 25, 2011: Seaside Plat Page 4 and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The property is surrounded on the north, west and south sides by single family homes and on the east side by one single-family home, a 4 unit residential condominium (Talbot House), and a parking lot for the Manor House Condominium. The development/redevelopment of the subject property is proposed in a manner appropriate and complementary to the adjacent single and multiple family residential uses throughout the neighborhood. LDR Section 2.4.7 (B)(5) (Required Findings for the Granting of Waivers) Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(D), lot depth is "The distance measured from the midpoint of the front lot line to the midpoint of the opposite rear line of the lot. Other than at this point, the depth of a lot may be less than the minimum set forth in the matrix." By this definition, the current lots have a depth of 314 feet and front on Lowry Street. With the replat, all four of the proposed lots in this subdivision will front on Sea Lane. The proposed plat meets all the LDR requirements except for Lot 2, which at only 85.58 feet deep, will be deficient with respect to lot depth. Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot depth dimension below the minimum requirement for the newly created Lot 2. The 85.58' proposed depth for Lot 2 is deficient by 14.42' (minimum requirement 100') as noted in the following table: Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage Interior/Corner Interior/Corner Minimum Required 9, 500 75/95 100 75/95 ' 45 (cul-de-sac) Existing Lots 29, 057 92.50 314.13 92.50 29, 218 93.0 314.17 93.0 Proposed Lot 1 12, 859 95.00 135.50 95.77 Proposed Lot 2 10,493 115.00 85.58 105.92 Proposed Lot 3 11,811 127.00 162.00 48.32 Proposed Lot 4 9, 566 85.74 112.50 70.70 Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The Applicant has submitted the following justification statement: P&Z Board Staff Report, Meeting of April 25, 2011: Seaside Plat Page 5 "All proposed lots meet all the requirements within the R-1-AA with the exception of proposed Lot 2 and the required minimal lot depth of 100'-0" We are requesting relief from this requirement because proposed Lot 2 directly abuts a cul-de-sac and actually has an average lot depth of over the required minimum lot depth of a 100' 0" The proposed lot depth ranges from a minimum of 85' 7" to 135' 6'; with the average lot depth of 104' 0" In addition, the developer is proposing a 100'-0" radius and is not seeking the minimal 90'-0" radius for the cul-de-sac dimension which has been allowed in similar developments in the past. For the above reasons, we feel that the reduced lot depth is appropriate and justified with regards to the Land Development Regulations Section 4.3.1(D). " The proposed Seaside Plat would subdivide the property into four single family lots, where two lots are currently provided within the existing Plat for Ocean Breeze Estates. While there is a wide variation in single family lots sizes in this neighborhood, the two existing lots, at over 314 feet deep and 2/3 of an acre in size, are substantially larger than most lots in the neighboring area and represent an inefficient use of the property. The City is now 98.9% developed. As it approaches build-out, it is necessary to accommodate growth through redevelopment and more efficient use of property. This efficient use of resources is a necessary step in the right direction toward creating a sustainable city. Pursuant to the definition in the LDRs, lot depth is measured from the midpoint of the lot. However, as noted by the applicant, the actual measured depth of Lot 2 varies between 85'-7" to 135'-6", with the average depth of 104'-0". This, together with a lot width that is 20 feet larger than required, provides an adequate developable area for a house on this lot. (See attached preliminary site plan). Approval of a decrease in the lot depth for lot 2, from 100' to 85.58', will not have a negative impact on the visual character of the neighborhood area. It is also important to note that since the property is located within the "North Beach/Seagate Neighborhood Overlay District", development on the new lots must comply with the provisions of the adopted Beach Property Owners Design Manual, including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. Even with the replat, all four of the new lots within the proposed subdivision will still be larger than the minimum requirement for the zoning district, with Lot 2 being 10% larger than the 9,500 square feet minimum size required. Since public facilities are available to service all four lots, a decrease in the depth for one of the lots has no impact on the provision of those facilities and lot depth does not have a impact on safety. Other requests to create similar nonconformities under unique circumstances have been previously approved. The "Frysinger properties" located at the southeast corner of S.E. 5th Street and S.E. 4th Avenue (Lots 7 & 8, Block #4, Plat of Osceola Park) consisted of two reconfigured lots that were both approved with nonconforming frontage, width, depth and size. As previously noted, this proposal creates only one nonconforming lot, with respect to depth, and the configuration of the new lots are compatible with existing lots in the surrounding neighborhood. Given the existing development pattern, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation, and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waiver in order to maintain a level of consistency and sustained development within the neighborhood. P&Z Board Staff Report, Meeting of April 25, 2011: Seaside Plat Page 6 TECHNICAL ITEMS Technical comments from the Environmental Services Department are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Beach Property Owners • Casa La Brisa Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposal to plat the four (4) lot single-family residential development is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" -Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for Seaside, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. P&Z Board Staff Report, Meeting of April 25, 2011: Seaside Plat Page 7 STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Seaside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments • Appendix A • Appendix B • Location Map • Reduced Survey • Reduced Plat • Preliminary Site Plan P&Z Board Staff Report, Meeting of April 25, 2011: Seaside Plat Page 8 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of April 25, 2011: Seaside Plat Page 9 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of April 25, 2011: Seaside Plat Page 10 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Environmental Services Department's Comments: Plat Comments: 1. Revise G.U.E. dedication language to match City of Delray Beach Standard dedication language. 2. Provide exclusive Water and Sewer easements. 3. Provide Water and Sewer Easement language to match City of Delray Beach Standard language. 4. Indicate a 5-foot sidewalk easement will be provided and not 4-foot. 5. Provide location for the Director of Environmental Services signature at City Approval Block. 6. A digital copy of recorded plat in AutoCAD dwg or dxf format will be required prior to obtaining final engineering clearance. 7. Provide a response letter with a detailed description of how each of these comments has been addressed with next submittal of revised plans. In addition, please ensure a complete set is provided for the City of Delray Beach Engineering Division. 8. Additional comments may follow after review of revised plat. 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Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 11, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MAY 17, 2011 DISTRICT OFFICE LEASE AGREEMENT/CONGRESSMAN ALCEE HASTINGS ITEM BEFORE COMMISSION City Commission is requested to consider approval of a lease for approximately 689 square feet at City Hall with the Honorable Alcee Hastings for office space. BACKGROUND Attached is a draft lease for office space in City Hall with the Honorable Alcee Hastings. The lease has been reviewed and approved as to form by our Assistant City Attorney as well as representatives of Congressman Hastings. The space being proposed for lease is the space now occupied by the Creative City Collaborative which will be moving to a new location in June. Lease highlights are as follows: Term: June 15, 2011 to January 2, 2013 Monthly Rent: $300 per month Termination: May be terminated by either party with 60 days written notice. Other: City to assume electric and water costs as we do now; Lessee to reimburse City for telephone and computer line costs, Lessee to provide own computers, furniture and other equipment they may need. RECOMMENDATION Staff recommends approval of the proposed lease agreement with the Honorable Alcee Hastings for approximately 689 square feet of office space in City Hall. `11.,5..-Ouse of ~1Zepresentatives Washington, D.C. 20515 Distr[ct Office Lease (Page 1 of 2 -version 1.12) Pursuant to 2 U.S.C. § 57, and the Regulations of the Committee on House Administration {as modified from time to time by Committee Order) relating to office space in home districts, City of Delray Beach 100 NW 1stAventae, Delray Beach, FL 33444 (Landlord's name) {"LESSOR"), and Alcee Hastings Representatives ("LESSEE"), agree as follows; {Landlord's street address, city, state, ZIP code) a ivietnber/~i tember-Elect of the U.S. House of 1. LESSOR shall lease to LESSEE 689 square feet of office space located at 100 NW ~ st Avenue in the city, state and ZIP code of Delray Beach, FL 33444 are ^assigned or Q/ unassigned {please check ane). 2. LESSEE shall have and hold the leased premises for the period beginning June 15 , 20 ~ ~ and ending January 2 20 ~ 3 .The term of this District Office Lease ("LEASE") may not exceed rieo years and may not extend beyond January 2, 2t)13, ~vhicli is the end of the constitutional term of the Congress to which the Nletnber is elected. 3, The monthly rent shall be ~300'gg ,and is payable in arrears on or before the last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily basis for an}' fraction of a month of occupancy. ~. This LEASE may be tertninated by either party giving 60 days prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered ar, if mailed, the data s-tclr notice is postmarked. The Lease includes 1 parking spaces, wliieh 5. During the effective term of this LEASE, rent payments under paragraph 3 shall be remitted to the LESSOR by the Chief Administrative Officer of the U.S. louse of Representatives ("CAO") an behalf of the LESSEE. `U.S. ,Mouse of 1~presentatives Washington, D.C. 20515 District Office Leas® (Page 2 of 2 -version 1.12) b. The District Office Lease Attachment attached hereto is incorporated herein by reference, and this LEASE shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment. 7. Any amendments, additions or modifications to this LEASE inconsistent with paragraphs 1 through 6 above shall have no force or effect to the extent of such inconsistency. S. Additionally, the LESSOR and the LESSEE agree to the terms stated in Exhibit A attached hereto. City of Delray Beactt Print Name (LESSOR /Landlord) LESSOR Signature (Date) Alcee Hastings Print Name (LESSEE) LESSL'G Signature (Date) This Dist~~ict Offtce Lease n~tsst be acconapanied by ari executed Distract Office Leese Attaclt~tre~rt. Dis~ric~ office lease At~achmen~- Instrcctiens The District Office Lease Attachment ("ATTACHMENT") is a three-page document that must accompany every lease that is submitted for a Member/Member-Elect's District offices. No leases can be signed before they have been approved by the Administrative Counsel. District Office Leases for the 112"` Congress may not catnmence prior to January 3, 2011. Members should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year. For the 112' Congress, leases should end on January 2, 2013, not December 3l, 2012. Three things are required: 1) The signature of the Landlord and date. 2) The signature of the Member/ Member-Elect of Congress and date. 3) Contact infarmation for tits person in the Memberf Member-Elect's office whom we should call if there are any problems or questions (the chief of staff, district direckor, scheduler, etc.). A few things to keep in mind; • The Member/ Member-Elect is required to personally sign the document. • The ATTACI-3MENT may not have any provisions deleted or changed, • Even if rent is zero, an ATTACI-fMENT is still required. • Prior to signing a lease, the Member/ Member-Elect must submit the proposed lease, aecompanied by a copy of the ATTACHMINT, to the Administrative Counsel for review and approval if the proposed terms and conditions of the lease are determined to be in compliance with applicable law and House Rules and regulations, the Administrative Counsel will notify the MenrberlMember-Elect t13at (s)he may proceed with the execution of the lease. Please submit the proposed lease and ATTACHMENT either by inter-office mail (217 Ford House Office Building), a-mail (leases@mail.house.gov), or fax (202-225-6999). • Once signed by both parties, the Lease or Amendment and the ATTACHMENT may be faxed to 202-225-&999, but the original must also be submitted. The ATTACI-~ViENT should be submitted at the same time the lease is sent to the Administrative Counsel. • Without a properly signed and submitted ATTACHMENT, the lease cannot be approved and payments will not be made. • The parties agree that any charges for default, early termination, or cancellation of the LEASE which result from actions taken by or on behalf ofthe LESSEE shall be the sale responsibility of the LESSEE, and are not reimbursable from the Member's MRA. `~1.5. Mouse of 1~presentatives Washington, D.C. 2051 S District Uffice Lease Attachment {page 1 of 3 -- version 1.12) LESSOR (Landlord} and LESSEE (MemberlMember-Elect of the U.S. House of Representatives} agree that this District Office Lease Attaclunent {"ATTACHMENT"} is incorporaked into and trade part of the Lease {"LEASE"} to which it is attached. LESSOR expressly acknowledges that neither the U.S. House of Representatives ("HOUSE") nor its Officers are liable for the performance of the LEASE. LESSOR further expressly acknowledges that payments made by the Chief Administrative Officer of the HOUSE ("CAO"} to LESSOR to satisfy LESSEE'S rent obligations under the LEASE -which payments a-•e trade solely on behalf of LESSEE in support of his/her official and representational duties as a Member of the HOUSE -shall create no legal obligation or liability on the part of the CAO ot• the HOUSE whatsoever. LESSEE shall be solely responsible for the performance of the LEASE and LESSOR expressly agrees to look solely to LESSEE for such performance. Atry amendment to the LEASE must be in writing and signed by the LESSOR and LESSEE. LESSOR and LESSEE also understand and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel"} must review and approve any amendment to the LEASE prior to its execution. 4. LESSOR and LESSEE understand and acknowledge that the LEASE shall not be valid, and the CAO will not authorize the disbursement of funds to the LESSOR, until the Administrative Counsel has reviewed the LEASE to determine that it complies with the Rules of the HOUSE and the Regulations of the Committee on House Administration, and approved the LEASE by signing on page 3. 5. The LEASE is a fixed #erm lease with monthly installments far which payment is due at the end of each calendar month. In the event of a payment dispute, LESSOR agrees to contact the Office of Finance of the HOUSE at 202-225-7~17~1 to at#empt to resolve the dispute before contacting LESSEE. 6. Any provision in the LEASE purporting to require the payment of a security deposit shall Dave no force or effect. Furthermore, eery provision in the LEASE purporting to vary the dollar amount of the rent specified in the LEASE by any cost of livit3g clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the LEASE shall have no force or effect. The parties ag-•ee that any charges for default, early termination, or cancellation of the LEASE which results from actions taken by or on behalf of the LESSEE shall be the sole responsibility of the LESSEE, and shall not be paid by the CAO on behalf of the LESSEE. 1n the event LESSEE dies, resigns, or is removed from office during the term of this LEASE, the Clerk of the HOUSE may, at his or her sole option, either: {a} terminate this LEASE by giving thirty (30) days prior ~v~•itten notice to LESSOR; or (b) assume the obligation of the LEASE and continue to occupy the premises for a period not #o exceed sixty (60) days following the certification of the election of the LESSEE'S successor. In the event the Clerk elects to terminate the LEASE, the commencement date of such thirty (30) day termination notice shall be the date such notice is delivered to the LESSOR or, if mailed, the date on which such notice is postmarked. `U.S..~fouse of ~gpresentatives Washington, D.C. 24515 District Ottice Lease Attachm®nt (Page 2 of 3 -version 1.12) $. The farm of the LEASE may not exceed the constitutional term of the Congress to which the LESSEE has been elected. Should the Member-Elect not take office and serve as a Member of the 112`}' Congress, the lease will be considered null and void. 9. if either LESSOR or LESSEE terminates the LEASE under the terms of the LEASE, the terminating party agrees to promptly file a copy of any termination notice with the Offce of b`inance, U.S. House of Representatives, 211 Longworth House Office Building, Washington, D.C. 24515, and with the Administrative Counsel, Office of the Chief Administrative Officer, U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515. 10. LESSOR agrees to promptly notify LESSEE in writing in the event LESSOR sells, transfers, or otherwise disposes of the leased premises; in the event LESSOR is placed in bankruptcy proceedings (whether voluntarily or invohmtarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. LESSEE shall promptly file a copy of any such notice with the Offce of Finance, U.S. House of Representatives, 211 Longworth House Office Building, Washington, D.C. 24515. 1 I . LESSOR agrees to maintain in good order, at its sale expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, carpets, elevators, escalators, entryways, exits, alleys, and other like areas, LESSOR also agrees to maintain, repair in good order, or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors; foundations, carpets, fixtures, and all tnechanical, plumbing, electrical and air co~tditioning/heating systems or equipment serving the premises. LESSOR shall be liable for any damage, either to persons or property, sustained by LESSEE or any of his or her employees or guests, caused by LESSOR's failure #o fulfill its obligations under this paragraph. 12. LESSOR agrees that the Federal Tort Claims Act, 28 U.S.C, §§ 2671-80, satisfies any and all obligations on the part of the LESSEE to purchase private liability insurance. 13. LESSOR agrees that neither LESSEE nor the HOUSE nor any of the HOUSE's officers or employees will indemnify or hold har-nless LESSOR against any liability of LESSOR to any third party that may arise during or as a result of the LEASE or LESSEE's tenancy. 14. LESSOR shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and skate building codes, safety codes and ha~tdieap accessibility codes (including the Americans with Disabilities Act). 15. LESSOR agrees to accept monthly rent payments by Electronic Funds Transfer acid agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 16. LESSOR shall promptly refund to the CAO, without formal demand, any payment made to the LESSOR by the CAO for any period for which reek is not owed because the LEASE has ended or been terminated. `~.5..~-Goose of ~rpresentatives Washington, D.C. 2051 S District Office lease Attachment (Page 3 of 3 -version 1.t2) 17. Should any provision of this ATTACHMENT be inconsistent with any provision of the attached LEASE (or with any subsequent or additional amendments thereto}, the provisions of this ATTACHMENT shall control, and those inconsistent provisions of the LEASE (or any subsequent or additional amendments thereto), shall have no force and effect to the extent of such inconsistency. 18. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriake, words in the singular include the plural and vice versa. l9. This lease is entered into at fair market value as the result of a bona fide, arms-length, marketplace transaction. The LESSOR and LESSEE certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 20. The LESSEE certifies that tl~e office space that is the subject of this lease is located within the district for which the LESSEE was elected to represent uailess otherwise authorized by Regulations of the Committee on House Administration. City of Dell'ay Beach Alcee Hastings Print Name {LESSOR} LESSOR Signature {Date) {Date) From the Member's Offiee, who should be contacted with questions2 Name Mark Perkins Phone 2( 02~ 225-1A47 Email mark.perkins ct rnail.house.gov Thts Dis#rict Office Lease Attachment auc# tlae attached 1~l~,ASE Dave been reviewed and are approved, pursuant #o Regulations of the Cotnmi#tee on House Adn-inistrafion. Signed (Administrative Counsel} Date , 2Q Print Name {LESSEE) LESSEE Signature Send completed forms to: ~dinirtistratrve Coarrtsel, 217 Ford Hoarse C)fface Building, i~ashirrgton, D. C. 2051 ~. Copies ma}' also be fcxved to 202-225-6999. Exhibit A to the DISTRICT OFFICE LEASE a. The monthly rent referenced in paragraph 3. shall include electricity, water, sewer, and janitorial services as well as Internet (so long as it meets LESSEE'S security requirements) and telephone drop lines to the premises at no additional cost. LESSEE shall be responsibie for providing and paying for all costs associated with any interior improvements, telephone usage fees, facsimile equipment, and any utility costs and expenses associated with equipment placed on the premises by LESSEE. b. LESSEE agrees that all personal property, inventory, or stack placed on the premises shall remain the property of LESSEE, and shall be placed on the premises at the risk of LESSEE. LESSEE shall give LESSOR prompt written notice of any occurrence, loss, incident, or accident occurring on the Leased Premises. c. The LESSOR and the LESSEE agree that LESSEE shall have no authority to assign any portion of the premises during the term of this Lease without obtaining the express written permission of LESSOR in advance. d. Upon conclusion of the term, or upon termination of this Lease, LESSEE agrees to peaceably surrender and deliver the premises to the LESSOR in substantially the same condition as it was delivered to LESSEE at the beginning of this Lease, ordinary wear and tear excluded. e. The LhSSEI=and LE550R both agree to observe all laws and ordinances of the City, County, State, Federal, or other public agencies directly relating to the operations being conducted on the Premises. f. This Lease Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. g. Any amendments, additions or modifications to this Lease or any attachments/exhibits thereto shall be agreed upon by both parties in writing. AiYiax00~caipaas~.isam a' it" ! ~ f4lhtUf f4 Hd f9t}-1Hi U7:'?''~ i ~ o Fm~'rriscuo~ t i 44i4IS'C~Y~~dt~+hl mwiuaai-iesnie j ,t~[~~~! ~ b'ti`~'P~l~~k~'~~694i s T.t x tt hotraaa ~ t~t~~i '~a'S~,YGX?SSY3`bSTIftNIQLIVQ C 0 C+~, ~i t L .~ L J MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 9, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MAY 17, 2011 RESCIND DONATION AGREEMENT/ACCEPTANCE OF THE ART EXHIBITION AND RIGHT TO PURCHASE AGREEMENT/WILLIAM DEBILZAN ITEM BEFORE COMMISSION Requesting Commission approval on two items; 1) an Art Exhibition and Right to Purchase Agreement with Artist William DeBilzan, and 2) rescending the Donation Agreement with artist William DeBilzan. Project No. 11-076. BACKGROUND On September 7, 2010 Commission approved an offer to donate a sculpture from William DeBilzan. This sculpture is to be installed in Worthing Park as part of the park improvements. At the April 25, 2011 Public Art Advisory Board (PAAB) meeting the board voted to recommend to Commission that the donation agreement be rescinded and a new loan agreement be entered into with William DeBilzan. The PAAB feels that Worthing Park is a prime location for displaying public art. Because of its prime location the PAAB discussed creating the ability to accommodate changing the art works that would be on display in the Park. After discussion with the Artist, Mr. Debilzan has agreed to enter into a loan agreement and rescind the donation. The loan agreement is for five years and will pay the Artist $5,000.00 ($2,500.00 at installation and $2,500.00 at removal). During the loan period the Artist is responsible for all sculpture maintenance. Attached is the loan agreement, which includes a sample drawing of a similar sculpture, but not the sculpture to be installed in Worthing Park. FUNDING SOURCE 115-1702-579.31-90 RECOMMENDATION The Public Art Advisory Board recommends approval of the Art Exhibition and Right to Purchase Agreement and recision of the existing donation agreement with Artist William DeBilzan. Staff does not agree with the PAAB as changing the art work in the park will involve additional cost to the City, both now and in the future. ARTIST EXHIBITION AND RIGHT TO PURCHASE AGREEMENT THIS AGREEMENT is hereby entered into between the CITY OF DELRAY BEACH (the "City"), a Florida municipal corporation, and WILLIAM DEBIL,ZAN (the "ARTIST"), an individual. WHEREAS, the CITY wishes to locate ARTWORK temporarily in Worthing Park located on Atlantic Avenue in Delray Beach, Florida; and WHEREAS, the ARTIST wishes to exhibit his ARTWORK with the CITY for placement on the public property at Worthing Park for a period of five (5) years; and WHEREAS, the CITY wishes to purchase a series of ARTWORKS for the Delray Beach Art in Public Places Program; and WHEREAS, the ARTIST wishes to sell his ARTWORK to the CITY as part of the Delray Beach Art in Public Places Program. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, the parties hereto agree as follows: 1. The ARTIST hereby agrees to loan the ARTWORK described in Exhibit "A" ("Artwork") to the CITY for outdoor placement in Worthing Park located on Atlantic Avenue in Delray Beach, Florida for a period of approximately five (5) years. The time period starts on a date no earlier than and no later than The time period ends no earlier than five (5) years from the date that the ARTWORK is placed in Worthing Park. 2. The ARTIST represents and covenants that the ARTWORK(S) is/are made of durable material and will withstand the usual weather and climate in the area. ARTIST shall submit to CITY signed and sealed structural engineering plans to be obtained at ARTIST'S expense prior to installation of ARTWORK. The ARTIST assumes all responsibility and risk for any deterioration or weathering caused to the ARTWORK. 3. The CITY will determine a location for the exhibition of the ARTWORK in Worthing Park. Based on information about the location supplied by the CITY, the ARTIST will provide a sketch of any required physical support base and the method of attachment to existing concrete pad construction. Once approved by the CITY, the ARTIST will modify the ARTWORK, if necessary, with any required elements to attach the ARTWORK to the existing concrete pad construction. 4. The ARTIST will agree to a precise delivery date with the CITY that will be during regular business hours unless specifically agreed to by the CITY. At his/her cost, the ARTIST will deliver the ARTWORK to the exhibition location and install the ARTWORK into the existing concrete pad construction at the precise location directed by CITY staff. The ARTIST is responsible for shipping and transportation of the ARTWORK from the delivery vehicle to the ARTWORK location. The CITY will provide the hardware specs to the ARTIST to attach the ARTWORK to the concrete pads. It is the ARTIST'S responsibility to install the ARTWORK. 5. The ARTIST shall agree to a precise removal date with the CITY that will be during regular business hours unless specifically agreed by the CITY. At his/her cost, the ARTIST shall remove the ARTWORK from the exhibition location under the supervision of CITY staff. The ARTIST is responsible for removing the ARTWORK and all appurtenances thereto. 6. The CITY reserves the right to remove the ARTWORK at any time from the exhibition. The CITY shall contact the ARTIST thirty (30) days prior to removing the artwork except during an emergency related to the public safety or the safety of the ARTWORK. 7. The CITY shall not be responsible to the ARTIST in the event that the ARTWORK is lost, stolen or damaged by third parties. The ARTIST agrees to assign its rights to pursue third parties for damages/reimbursement to CITY, upon CITY's request. The CITY is not responsible for damage caused by acts of war or major acts of nature including, but not limited to, floods, hurricanes, tornadoes and lightning. 8. In the event of damage to the ARTWORK, the CITY shall contact the ARTIST requesting any repair or replacement within thirty (30) days and the ARTIST shall make said repair/replacement within sixty (60) days of request for same. 9. ARTIST represents that he/she has the right to enter into this agreement and same does not interfere with or violate the right of any other person or entity; ARTIST agrees that he/she owns all rights, title, interest and copyright to the ARTWORK. 10. The CITY shall pay the ARTIST five thousand dollars ($5,000.00) as an ARTIST fee for the loan, delivery, installation and removal of the ARTWORK. The ARTIST fee will be paid as follows: two thousand five hundred dollars ($2,500.00) upon delivery and acceptable installation of the ARTWORK and two thousand five hundred dollars ($2,500.00) upon removal of the ARTWORK. Unless the CITY chooses to purchase the ARTWORK as described below, the ARTIST fee is the only consideration that the CITY will provide to the ARTIST. If the CITY decides to purchase the ARTWORK at the end of the 5 year loan program the ARTIST will not get the final two thousand five hundred dollars ($2,500.00) of the five thousand dollars ($5,000.00) ARTIST fee payment. Instead the ARTIST will receive payment for the purchase of the ARTWORK for placement on CITY property. 2 11. The ARTIST hereby agrees to grant the CITY the right to purchase the ARTWORK through the end of the exhibition period. If the CITY chooses to purchase the ARTWORK, ARTIST agrees to sell the ARTWORK at dollars inclusive of all costs. The CITY is exempt of paying sales tax. As part of the purchase price, the ARTIST will provide services to advise the CITY in writing on the methods for installation of the ARTWORK and maintenance requirements. This provision does not require the CITY to purchase the ARTWORK. 12. The ARTIST grants the right to the CITY to photograph and distribute photographs of the ARTWORK for non-commercial public information including media releases, CITY newsletter, website, exhibition printed matter and websites subject to giving ARTIST credit for the ARTWORK. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to form: City Attorney Witnesses: By: Nelson S. McDuffie, Mayor ARTIST: By: William DeBilzan (print or type name) (print or type name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2011, by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification. Signature of Notary Public 3 EXHIBIT "A" ARTIST EXHIBITION AND RIGHT TO PURCHASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND WILLIAM DEBILZAN ARTWORK Title Date Materials Dimensions (If Artwork is j oint project) The Artwork is a j oint collaboration of NAME artists NAME and NAME. _.,-. M `. k t ~` ~ ~ „ ~ c ._ I;; ~1 _ ~. ~ ti C::. ' R- S i ~ '~, _~- i.~~,.-.~,.,,.,, ~ ~~ ~^ ...~ '-- ~ ~ _ °, J ~ ~ t 1 _ s~ ~~ ~ _~ !y- r, ~. ~' .. 4 _ ~ `~_ ~. , ..yam ~~~'~ x_;. 4 ;j,~ iv S ~- t_. .~ f_ ,,~ ._ ~j' W a:~~1C~Ei1~[~I'a~T ~i~'I'~~EEI~~ THE C)~T~' 0~ I3~+)ia~A~' I~~A~'H N~ ~iC~I.~~AI~.~ 1'~FI~II~,2~N Y`~R SC~~~I''1"'~JI~% Ili' VVtI~~'IHI>~~ I'r$l~I~ T1=LI:S A~:~~~~:E~T rrzade this ~~d~y of , 24I ~, I~;~ ~ia.d h~turee~a tlac C~T~' Cllr` ~J~II.,~.,~~ ~3EA~li~, 1L~7I~~~1~ (herei~aa3~Le --all~:d "~Z~'~") aa~d ~L,I<.~~.,4t~ I)JC~~;1~LZ~I~i ~~erc.inaCter caller "~~~;EdTII~T"}. 'Iri'I~~~I~`I'I-I: Tlae ~I~C~ at.-zd tlae ~li~'~''~` is~ co~asidez°atioza o~~ tlac ~nu.tzanl coy=ez~ants la.erei.za~ifler 4et farina, a~r~;e; ;-~~ ~~.il~~a~~~s: 1... Tlisd ~'[Z'I'iT sh~:11 ~c~a~a~,plete cc~z~stz•ncfiora of to sczzlptzarc:, lacreiaaa>~~er referred tca as tl~e~ ~`Las~~~h", tlan 1:Sil days ~_~~ re~~.:ivir~~ anoticc to proceed froze tla.e ~liT~', u~Iess exte~cl~rl. ley ~~~rit~cta aec~xzezat. 2, This 1~~reeniet shall be ~c~vcrned by the lav:~s oC tlae State oaf l`lorida as zzovr grad tlzezcGz:fe..t° .ita fca.a•ce. Thy irenu~:..~`~ar actic~zas ari~in: ~; ozz2 ca.f this a.green~ezlt shall lae i'ala~a 1-3each Cazznty, ly'Ic~ri.da. ±3~. ~1~1 r~c~lic,::~,:, a-~clr€csts, deznancls, aid atl~~ez- ~ivcn i~f hers~c~zzally, r3e~live~-ed car 1~aai ed, ~.~i'1-z~d rrazii~l., refiurn r~~~:wil~at~r`ege~sted,~ta~th~~ ~ollc~iv~iza~; a.d~dresses: '- to CTI~': City of'ez-ay l~eacl~, i~I, 1 [30 I*l~ 1st Av~;zaa~e 17c9ray 13cac1-z, ~ 3~34~~ ~s'tra r~.~T~`~l•IS~i': illiarn .f:)vFil~an ~~rilalazn Del~zl~an C:'salLe.a~~r a~ Fast Atlazatic Avenaa.re DcIray Beach, ~L ~~~~ 4. Tl-ze ~.~~'~'lil~'I` shall. zaot, w~ithnt lariczr ~vritteaa ccazas~~nt ~f tlaca C:"l"°~', ,3• i~rz ~aay pnrt~ior~z of its ~i~aterest ualdez• this A~;reer~lent. 3. '1'lae ~~iT'~ a~c3 tlae A:T~~T each ai~~ds itself, its paa°tners, stzeccssors, assigns and Ic~al representatives to tlae other p€arty hereto in respecfi to all coz~~Jez~at4, cozaditions asad +abl.i~atinns contaiza.cd in tlac 11~a•eez~7elat. G. Lz~ caa~siderati~~an off' t~ez3 ~inllaa=s (~1~.{#~} ~lnd other ~°aiuable eonsi~eration, tlae A~~2TI~'~` shall c.iefoz~d, izacl~rzaz~if~r aaad save laarnaless tlae CI'l'I'. its csflicers, a~,~ezats azad e~aaploy°- ees, i'raan az• ^n aarc~cazazat of k~y li.a.i.l.i.ti.es, darna~cs, losses tad casts received or s~~staizae~d try aaa~, petsc~ta ua' p~rsans ~y or iza eonsecence off' any zae~l-igealce (excl>,tdin~ tlae s~rle zae~li~ence of tLi~: ~:~°~'"}, a-LC~l:.lessncss or intazatioazal ~va•oz~~f~al zaaisca~achkct of tlae A.I~'I`~~'~' aaad ~.ax7y pers«rzs _.~ en~l~layed or L~tilizecl by the AT2"]C`I~' in t1ae pe~~•ornaa~acc of this >~~reen~cnt. r!R'~'~~T a.~rees tix:~t ne~li~;ent, reckless or i.ntentio~zal wrongful misct~~nduct i~~cl~td~s, fut. is not 1z.n~.it~d t:o, ~~se of any irnp~•oper aterzais or liabilities, dar~lages~ losses oz• coots caused by or on account cxf ilae use afi ~r~y i~x~hr~nl-~~~- ~nate~•ials. ~~'I'I~~I' a~re~~s tlxat ne~li~rlt, reckless or iixto~iti~r~~.l ~v~•c~~~~ful ~~ai~co~~~inci: also ixxclucles but is ixot limited. to the violatiozx of any 1~cderal, ~t~.~it~, Ca~~z~ty or City. It~ws, by-laws, ordi~~.a~xco~ or rcgt~l.ati:ons ~~y dze A~'ll'I~T, its amts, ssivai~it5 ~~- en~ployces. ~~'I"L~T ftrrtla~r axes tc~ defend, inc~;~mnify a~xd save 1xar~~lless the ~CT'°~' from a l such alairm and fees, aexd from ~7y aixd aI1 suits ~d actiar~s of ev~;ry nana~ arzd desc~•~iption that znay 1~~ 1~~~-ou~ht ~i~air~st tla~ CTS' on accc~uxzt of any claims, ~eES, rtxyaltics, ~r casts far a~~y %nv~~~#:.ion car patent, a~xd fro~r~ any and all suits anti. actions that ~Zxay be br~>n~ht abai~ISt the WI'L'Y for the i~~fr~n~;en~ent t~~f any anal all laa~t~~ats or pate~lt rights claiixxed ~y an;Y person,. firix~, ~,.°~ corporation. 'iry?~~~ ~ ..!~~ :i~~ilica#:ica~~a prt~~lided above s3xall ol~liatc; the r~i~'L'L~'L` t;~ ~~ tend at its town c~:~, n e :~~ <<: nrc?vide for such defe~xse, at the CL7'Y' option,. for any aril all claims cxr lial~il%ty ~.~;~; :~!$ s~xits arad actioa~ of ~ver~ ~xanle old description. that may lie brci~i~lxt against the ~L`T"~' ~•,~~~::~~ s nay r~e~ult from t1~~ aptoraticar~s and. acti~~itios under this l~recn~ent pc~rf~rr~ b~~ the :~~"€ 1.,~';€, zts a~et~ c~~ ~~;:~iloyes. rl°l~is i~zdexnni~cation i:~~clucles alb ec~sts n~ad fees incl«di~~~ ,~r~~~r:~,~~:z.; °s ~~,~~ sand c~cas:s :;; i,._al ~~ncl,app~li<~tc l~~~e1s. T)~.e £~°i'L`? ~,~iill paHr t~ il~e ~~:7'I~'T' tl~e specifc eo7is~dEra.ti~~~~ of te~x dollars a~xd ~tl~.~t• "•'d and ~ ~~1~<<.1,`1,: cc~n:~ider~tic~n as sl~eci#ic ct~~~sideratic~n F<~r tlx~ iJd.en-~ni:fi.c~i.iiort l~rrvidecl 7. The C~`I'4' ir~a~l, in its sale disc~•etion, te~~,5~! { t~ thi A~;reez~~~rit ~apc~ lt) days n~iticz to tlxc AL~.'"L~"il': 8- ~L~`I~I~T slxa]I provide the CI`l'Y ~~ith a ~~~ritto~a 131.11. of `3a1~ ~ :v~~r~xat title° to the C~"~; a~7d a s~vo~71 ataten~ent old no liens, claims or otller_ erxrun~branae.~. ~ ~~.:ir d~ezaments shall l?e in a f~mn acepiabl€; to t1-~e ~~~~'. 9. Tla~: !~~TI~'L` vvarr~u~ts that tl~.c Vy~C}l'~ ~ha1l he ~ti~: of c]~~fects i~~ axt.ateria:l a~xr1 s~artn~shih azxd that the r~~~'I:S~[' slxall cc~rroca at h~~isll~e~~ c~xf~;;~ase :..i, , ;~-~e defects wixiclx dpp~ar for a pr;riod of one (1) year fi-on~ delivery of tlxe Bill of S~a~ l~~`~~~~`~_ ~V~C~1o~, l~. ~1~c ~2`L5T` ~uarrarxts that ~€~he ~ORI~ i~ n on~in.a1. a~.~d tixat filae ~~I~T~. does not ir.~.fi-ii3~e upon any ct~py~ri~~ht. 11. ~1'itle to the WC3l:: shall vest in t1~e ~t":l"Y ulaor~ co~xz.pletiozx of the ~DRK. Tlxc CI'T`E' znay rcproduee izxza~;es t~f the t~t~R:l~, Cyr nc~n•-~;c~~lxmercial use, incluciini~ 13~t not. Iinxitecl to public infc~nriation, educa~ti~,~z~al and prc~rrlotional purposes witl~ol€t ~~-i-ttea7 consent of the 1~L~~TLS'1~ , 12~. "hl~e ~~~~'~'~~~7 re€~ai€~s (l_~ cop)r~r~ight of d.esig~s created (2} all rights to thie Artistos l~.igl~t5 Ac:t o1. 1990, and any successor act, except that t(~c A1~ 'I~'[' l~ereb}~ waives the rights LEntler 17 U.~.C:'. IOGA, acid (~) aI1 rights expo°css(y gz~anted in this Agreement. I~. `i'lae A.>nt'i''l~'h laere~y aclc3~owledg~es that tE~ea~-t~~ror~ will become an iz~teg~'al ~az'1 o `~v'arthiz~g I~<~rk and that-install~titzn and inie~;.rrttic}zz of tle az°tr-vr~z-I~ zxza.y suli~ect tl~e artwork to fiatt~~re rer~ov~l,-destructiz»~, n€~ offer ~~odi~cati~~rzs by reaso~7 n1' its ret~owal from tl~e p:rk nr the r~z~rz~ratic~n destructioza oz r~develc~pzncs~t cif tl c I.i i. 1~lt~t~ritl~staz~ding t(~e fn ~~.zing, tl~e ~~~'~` hereby c;oz~sents tcb the ir~co~-~oration c~~tlie <~art~~uc~r into thc~ str~~tsca~he and ~•:rives.a~~,y a°i~,I~ts i tl~~ az-tworit granted Icy 17 L?.S.C. I U6A_ ~is~zal ~Lrtists Fights Act of 1990. 1~, :~17.'"1`~"~ rights, .i~.~cluaiz~g I~zat 17ot Iizz~it.ed to all. cn",.i{r'~ts, it a~itt;alale, antler this A~rc~~~:nt ~r- z~~~. ass~igz~~le a~~d shah cease with ~.1~'i'TS'~~''s ~i~:;zt1~ aaad d~ z~ot extt:z~d to A~'I('~T's heiz•. f~ ~v~•;°=:ors or assigns. ~~`~'s rights az~d obli~;ati.o~-z:~ under this Agrecc~aent a-nay 1=~ ~i=Y,slcd wi~Iaoz~t tl~~: consent of ARTIST at a~ay tirz~e, witl3c~i~t prit~.r 3~oticc t~~ ~il~~'E ~°li, 15. ~~~'IST shall not~~y the CITY of at~y perznaz~e;nt claang~e of address ~~'rc3r~ ~t~iaat ~;1;~,:~'~i. iii Par~.gz~aph ~ herea~; at.td the failure of A~`rST tc~ Rio so shall lie det~riled a iv~~i~t~r by A7(~~ ~'~ ~ c7f AI'~"aI":I ~'l:"'< < i«1,t; to ezFQ~`ce #hose previsions o.f this Agret<rnczit fhat .z°~gize the ~;xp~-e~;s ap~ova( of ~l~~~l~I4T'. Iii, `1°h~M~ :'~t~i~.~~r;t~a3t shall. be considered nti I and ~~oi~d unless signed by bc~~t4a te^ At'IC'~iS`I' .and t1~o C`I"I' y'. 1-7. rI'l~is I~.gre.ezl~ezit and t:lie doczaz~zei~ts atf~zcl~z:cl hereto ctjiisti.t~zte t1~e e.ntir~ agz•ezxzenit la~tweez~z the ~"Ig'i/ and the AI~T~~~`l<" razed may only c altered,. az~aez~ded t~z• repea.ied by a drily c~e;ez~tcd ~v~-iiten izistru.n7ent. llti ~~'1~~SS ~~~ {>l~I~.~3.F, tl~.c parties Izerz/to have e:xecutt;cl. this Agrcezx~ent, tlac clay end ye:~~.r fzrst al,ove written. ~~ ~~. A:i^t 1°~-f~: ~'~:f '~ l~~l+' ~`~I-;~.Y2~ ~ I~FA~H, '~.~~~ City Clerk ~ ~..~% Nels~ ~ n S. ~~1cL)tz~fic, IvI•cky~`' ~.~~ ~ r A.~I~rovGd as tc+ ior~~~r ~~_`" ~... ~~3L1I11 C?I"~~~1~ i1c~111E~ !~I~ I ~'T .. By: ,. Williall~ eBiEzall. r~,I-ti.st~ T3iLi.~ t~F ~SA.~~'±., e;f`f:ecti~~e as €~ _..__..-.... 20l(~, 1~~otn ~'d.~:~~:.~1~~ 1€)FI3~~.,Z.~N ~"Seller") to the C~`I"1w'~' Olt C~E~.~~~~' >i$EAkC?~, a 1'loridd Municipal i~4'.)rc}ic`1'~:IL711 ('~~lT\'6GI''~~, ~'IT~'~~SI.1~TJf I: ~~'I~~1!+~~1k~:~ ~,5, 4cale~- is ~;~~cutii~g and. d~-live~ri.~1~ t11is T3ill of gale to 1~3u~=er i~or tb~: ~,tt'~t~s~ of s~llit~, assignit7g, tra~nsferrin~, d~:ai~eri.ng to. axed v~stit7g ira, )~eayer, tlxe sculpt~~.rc aa7-d base ~"llrt") Liwted o~~ ;xhibit'~.~", atiached Beretta and ii~cor~o.r~tLd l~~rein. ~'~)~'~, ~'1HC~:'I2~>~'CB1z~L, in consiclerat.ic~t~ of ~1t1..()[~ dollars and other good a~aci ~ialu Isle cot7sidc~ratio~.rt., recwil~~ cif 4~~1~ic17 is hereby' a~lr~ov~rledged, S~ lit- l>}~ tl~~:~~c pros-eras clc ~:°'1, assign, trab~sl~~' a~~d deli~Fer icy, and vest i~7, l~~yer, its sitcce~sors aa7d. assigns 1•t~~•c~~t°, all ~,I' ~clle~r's ri~gl7t, tiflt~ ar~~d i17tUre~, legal and equitable; itr~dto tl~e at°t, £~°ee al~ci clsraY o,- <~=2y lict~s, clai177s, c.~~~t~t~zla~•at~ces cat- ~-estrit;3it~~~s of a17}~ bind, i~1c1«.di~7g .ti-itl7c~ui lit~z~tit6ftioli tl7.e fal ~ ti ;: 1~17e at~t as desc:l-il~ed can I~,~hil?it "10". "~~[~ ~3~~1)E l~ 1~ T~ ~(~li.) all l:lte as°t-unto ~~~ay~er, ~ : ; vzeeesso~ ~5 ~rnd assgl~s Io~•ev~r. ~c~~~,t~iort 1. Nc7tha.ng~ i.n this >3%11 0l~ 5-ale, e~~ross o~• i~~~~~lical, is ir~t~izeled o-r :~I~aa.I ~c cot~strrtd tc7 ~~,-~~~~.~~c~r t~~>€~ or giz~~; to, an.y hcz~sota, ~~rzn o.r corporation otlxe~~ t ~~~€~ l~uy~e~- a~~d ~eil€~r a~7tl t.l:~•i~- rc•-;~~~-five. succeas~3aa a~~d assigns, an~• remedy car clairzl under car by reaso~x of this I3i1I a~ ;~~1. ~~~~ r~ ~,` i:; _-ar~, cc~lrei~~ant or co~~ditiott l~s~reo~ a~~~d all the rtes=ins, covena~~•€s ancE e:€~nditi~~~~sg la~•~~ ~ -~,~s ~i:ad ag ~nc~at5 cc~~t~tai~xed ire t~1ii4 I3iL1 0~~' ~~l~esl~ali be for the soie~ ai~cl excl~usiv~e be~~~l'it t71'l~~xy'e~~- a~~cl StI'c~: ~r~d tl~t;ir respective sus;ccsso~°s rind assigns. ~~,~~ t~~~:~~ `'. ~eit~r ~1'c~r itself, ~ „i~ ~ ~r~ ~.~ztxd ~~~ss-ig~~~s herebv~ co~~~z~~~nts and a~~~-~es that, a~17~~? €i!n~ ~nl~l f,~t~t~ t~i~r~7e tc> 1i~t~3e t~_ I ~,~it`. ,?~€~n t~l~e v;itLt:~~ ~•equ.e~st o~l~ ~13~~~er, ~~$~~~~- ~~ill, at~ ~~-r~~;:~~•'~ ~~;,~-~. do:. cx~~c.~.ite, ac}:_no~~[el~~e and deliver' or cause tt~j be~ done, execc~t~d, a~l•..~~ ~d!c ~~ tint d~~?iv'e~•~:d, ail and every such fitrtl~Gr acts,, deeds, assi~~.7rt7e~17ts, transfers, t:.or~ ~ .~: , ~: ~~ ~ ~ ~ ~ , ~; ~ ~.l' x~ti~~.~-17~,y, ~r17d asst~~'ance;~ as ~77aT~ be reasonable rcclured bS' l~~y~cr i~.~ OI"C~"' li, ;~: ~~, ~,<c.,j~41, C~Tr~nSl~ aid ~C~lI'~~C a?, i3i"2L~ ~fe5t I~rY, ~~Lil?~P,3`, itS 5LlCC(;~sC~rS 117 C1 i1SSI~17S, Or t0 t~icl and Gtssa.>` 13a~y~et~ tx~ ~ . ~~1~°it~~; t~~ u~~ ~ _on aaa}' or ull of- the, artworlcfi assigrteci c~~• rto be assig~~ed tsa ~t~y~.t~r. ~eet~~i.on ;, `I'bis ~il.l o~l~ S~a1e is ca~ecutc~d bjf, and shall be finding upon, clicr, its ~;uucesst~~t~s ~tr~d assigns, for tiie uses ~r~~~d l~urp«s~:~s above s~a~ fo~-1~h and 1'eI'erre;cl to, as of tlic ci~~cti~~e daf.e t17e:~-eof'. il~~ ~'~''N~~S '1~'I;~k~.I~~E.C~F, ~€ail~~r his c~~aky e~~~c~u~t~d t~iis I3i11 of ~~le pis ~~f~the date- fi~~~r ala~a~--°e: «a°iti.cra. t~'~T'~tiI:~S: ~'ILL,I~'~i ~I~I~Z~?!~, .4rfist I3v: (~z-~a~i ~r t~r~~: tt~ai~e) ~~1~.~'~"L: ~l~ l~ T .C3I~ Il~.~ C~C~U:~~"I'Y C)1~ 'I'}l~ za-~;~~i~a~, i~.i;tru~raerzt ~~s aclLn~~~keck~~d C~c~°c~.~•e r~i~ ihi~ ~..__ t~~a~X csf __ ?(114, ~~~° ~N~i:~rr~ ~~~~:a,~ u=I~~~ is ~a~rscan~tllj~ Icaica~zi to m~ or whca I~a~ ~at~caciuc~d _.~ _ _ _..__ ~..._ ~. _ (:_; pe off' id.enti~Ic~iti.oai,} ,~:, i.~e~-tti~~Iz~c~t~ic~n. Si~tiattar~ cif ~Ict~rr}~ 'ukakic - SCate of F'lc~ri~3a ~M „~ . ~ .,. r ~~ x ~ _ ,~ ~ . ~.~ ~~~ ~1~, ms's- . ~~ ~'~~ * ~° - ~~ ~~ ~ i ~i4 ~ ~ ~~ ~~ ~~ t ~~ s~~`k , S S r _ ~~' S ' ,,-Y ~~ ~~~ a . ~ ~ s r ` ~ ~~~~ ;: .y~r ~~. '~ ~ ; MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 10, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MAY 17, 2011 APPOINTMENTS TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Financial Review Board. BACKGROUND Mr. Martin Cherry and Mr. Alexander Simon resigned from the Financial Review Board effective immediately. This creates vacancies for one (1) regular member to serve an unexpired term ending July 31, 2012 and one (1) alternate member to serve an unexpired term ending July 31, 2011. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution No. OS-ll provided for further amendments to clarify that the Board's duties shall fall under the direction of the City Manager or City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve an unexpired term ending July 31, 2012, and Mayor McDuffie (Seat #5) for one (1) alternate member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Financial Review Board for an unexpired term ending July 31, 2012 and one (1) alternate member to serve an unexpired term ending July 31, 2011. FINANCIAL REVIEW BOARD 5/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/12 Unexp Appt Vacant 07/31/12 HowardEllingsw~rkh,Q-iair Accounting Amt 10/20/09 PaT'~neT/CPA Reappt07/06/10 07/31 /11 John Hallahan Assistant Director of Unexp Appt 04/05/11 O17erat10TlS 07/31/12 Rosalie Plood Vice President/ Amt 10/20/09 alt General T/~dnager Amt 07/06/10 reg 07/31 /11 Qzristina Morrison Pearce Realtor Amt 11/03/09 07/31 /11 Jeff Ritter Consulting Unexp Appt04/05/11 07/31/12 Luise Piane Executive a~ o~/zo/1o Managerrient ALTERNATES 07/31/11 Unexp Appt Vacant 07/31 /11 Cheryl Shaffner Accounting Unexp Appt 08/03/10 Contact: Barbara Flynn X-7115 S/CityQerk/Board 11/Firiancial Re~riewBoard FINANCIAL REVIEW BOARD EXHIBIT A Applicants with experience in the professions required: Applicant Anthony Cottone Warren Trilling Andrew Youngross Occupation Pusiness Owner/President/Finance Certified Public Accountant Engineer/Susiness Owner MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 10, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MAY 17, 2011 APPOINTMENT TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Board of Adjustment. BACKGROUND There is a vacancy on the Board of Adjustment for a regular member due to Mr. Jose Herrera being appointed to the Education Board at the City Commission meeting on April 21, 2011. The term is unexpired ending August 31, 2012. Ms. Isabelle Alarie and Mr. Allen Kilik are alternate members and would like to be considered for regular membership. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: Isabelle Alarie Incumbent Allen Kilik Incumbent Michael Park A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve on the Board of Adjustment for an unexpired term ending August 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Board of Adjustment for an unexpired term ending August 31, 2012. BOARD OF ADJUSTMENT 04/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2011 Sigurdur Hardester, Q~airperson l~ilanager 10/05/04 imexp alt Reappt 08/16/05 alt Reappt 02/06/07 imexp reg Reappt03/03/08 Rea 08/19/09 08 /31 /2012 Mel Pollack Retired Security 08/19/09 alt Unexp Appt 02/16/2010 reg Reappt09/07/10 08 /31 /2012 Bryce Newell, Vice Q~airperson Real E state Unexp Appt 08/31/08 alt Reappt 08/19/09 alt Unexp Appt 04/06/10 reg Reappt08/17/10 08/31/2012 Unexp Appt Vacant 08 /31 /2011 Jess Sowards Architect Unexp Appt 05/01 /07 alt Reappt 02/19/08 alt Amt 03/03/08 reg Rea 08/19/09 ALTERNATES 08/31/2011 Principal-Landscape Architect unexp a~ 05/25/10 Isabelle Alarie 08/31/2011 AllenKilik Retired CEO Unexp Appt 10/19/10 Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Donna Quinlan & Brian Shutt Fax final Board Order to Chairperson for signature. S/City Clerk/Board 11/Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 10, 2011 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MAY 17, 2011 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Code Enforcement Board. BACKGROUND There is a vacancy on the Code Enforcement Board for an alternate member due to Mr. Jason Dollard being appointed for regular membership at the City Commission meeting on Apri121, 2011. The term is unexpired ending January 14, 2013. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) alternate member to serve an unexpired term ending January 14, 2013. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2013. 04/11 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2013 Jason Dollard Unexp Appt 4/21 /11 Attorne La rson 01 /14/2013 Stanley Brodka, Vice Q-iair Financial Services Layperson imexp Appt09/05/06 Reappt0l/02/07 Reg Rea 01/05/10 01 /14/2014 Kelli Freerr~an Staffing Manager Business Amt 01/03/08 reg PerSOn Unexp Appt 10/2/07 alt Reappt0l/04/11 01/14/2013 GeraldFranciosa Accounting/Law Layperson unexp A~ a~/o7/09 alt Enforcerr~ent Amt 01/05/10 reg 01/14/2012 Robert Marks, Q-iair Construction General Unexp Alt Appt 01/07/03 Contractor Unexp Reg Appt 04/15/03 Reappt02/07/06 Rea 01/06/09 01/14/2012 Albert Richwagen Business Owner Layperson Unexp Appt 06/17/08 alt Amt 01/20/09 reg 01/14/2012 David Boone Attorney/Educator Layperson Unexp Appt 03/01/11 ALTERNATES 01/14/2013 Layperson Unexp Appt Vacant 01/14/2013 Sl-iarnzon Dawson Real Estate Real Estate Unexp Appt 06/17/08 Reappt0l/05/10 Contact: Danise Cleckley 243-7213 S/CityQerk/Board 11/Code Enforcement Board CODE ENFORCEMENT BOARD EXHIBIT A Name Background Mark Pehar Self E mployed -Investor Peril Kruger Self-Employed- Consultant Kurt L,ehmarnz Plue Coast Real Estate Stanley Scharf Administration/Supervisor Stephanie Sugar Regional Director MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: May 11, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MAY 17, 2011 ORDINANCE 12-ll COMMUNITY GARDENS (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Approval of acity-initiated amendment to the Land Development Regulations (LDRs) that will introduce the new use of "community gardens" to specified zoning districts as a permitted use, and an accessory use subject to a list of certain regulations. BACKGROUND By definition and history, community gardens are green spaces that are communally cultivated and cared for. These spaces may consist of individually-worked plots, communally-tended areas and sitting areas. The intent of permitting community gardens is to allow a group of residents to grow produce and horticultural plants for their consumption and enjoyment without creating adverse environmental impacts or land use incompatibilities. The ordinance provides for the implementation of community gardens, setting forth development standards and zoning criteria where such gardens shall be permitted. These Gardens are not intended to be a commercial enterprise, and consequently, sale of produce and plants at the sites is prohibited. The use is anticipated to be a temporary use to primarily occupy infill lots. Community Gardens are proposed to be allowed as a permitted use in the following zoning districts: R-1 Single Family Residential Districts RL Low Density Residential District (also allowed as accessory to an approved multi-family development) RM Medium Density Residential District (also allowed as accessory to an approved multi-family development) The ordinance includes general and special regulations which are summarized below. The general regulations include but are not limited to identifying maintenance responsibilities, hours of operation, required approval processes, and prohibitions on sale of product on site and the use of synthetic chemicals. The special regulations include but are not limited to issues such as overall size, required setbacks, types of material and activities allowed on the site, and aesthetic concerns including requirements for perimeter hedging and fencing. REVIEW BY OTHERS The Community Redevelopment Agency recommended approval at their April 28, 2011 meeting, but thought that there should be a requirement for regular inspections to ensure compliance with the regulations, including the ban on chemical pesticides, herbicides and fertilizers. The West Atlantic Redevelopment Coalition unanimously recommended approval at their May 10, 2011, commenting that greater specificity with regard to allowable (i.e., legal) plantings be made. They also felt that the types of agriculture intended needed clarification (i.e., hydroponics). RECOMMENDATION By motion, approve Ordinance No. 12-ll on first reading for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 12-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY ENACTING A NEW SECTION 4.3.3(D), "COMMUNITY GARDENS", TO PROVIDE STANDARDS FOR SAME; AMENDING SECTIONS 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (B), "PRINCIl'AL USES AND STRUCTURES PERMITTED", 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTIONS (B), "PRINCIl'AL USES AND STRUCTURES PERMITTED" AND (C), "ACCESSORY USES AND STRUCTURES PERMITTED", 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTIONS (B), "PRINCIl'AL USES AND STRUCTURES PERMITTED" AND (C), "ACCESSORY USES AND STRUCTURES PERMITTED"; TO ADD COMMUNITY GARDENS TO THE LIST OF PERMITTED USES, AND AS ACCESSORY USES TO AN APPROVED MULTI- FAMILY DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on Apri125, 2011 and voted 6 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNffSSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3(D), "Community Gardens" of the Land Development Regulations of the City of Delray Peach is hereby enacted to read as follows: (D) Community Gardens (1) Purpose: It is the intent of this section to regulate Community Gardens which are consumption and enioyrrtent without creating adverse environmental impact or land use incompatibilities. These spaces may consist of individually worked plots, communally tended areas and sitting areas. (2) Appearance: (a) All communit~~ardens on single-family lots within Single-Family Residential, Low Density Residential, and Medium Density Residential zoning districts, shall require administrative plan approval through the Communit,~mprovement Department. Community Gardens proposed on parcels other than single-family lots within Multiple Family Residential Zoning districts shall reauire site plan modification atmroval through the Planning and Zoning Deparhent. The application shall reauire the property owners consent and the following items must be attached layout of plots and other components proposed on the site of the community garden, setbacks from adi acent properties, identification of water supplies, established operating rules identif~g the governance structure of the garden and maintenance and securit~ponsrbilities; contact information for the person responsible for the oversight of the garden. (b) The owner of the properly on which the garden is located shall be responsible for maintaining the property so that it does not become overgrown with weds, infested by invasive exotic plants or vemlin, or a source of erosion or storm water r~moff. If the property is not used as a community Darden for 120 or more consecutive days, the site shall be restored back to its vre-Community Qarden condition. (3) General Rules & Regulations: (a) A Community Garden is not intended to be a commercial enterprise. Sale of produce and plants at the site are prohibited (b) The raising of poultry or other livestock, fish and the keeping of bees is yrohibited (c) The use of pesticides, herbicides and wed killers, or insecticides made from synthetic chemical materials and chemicals is prohibited The use of materials and practices used for organic production (guidelines, is strongly encouraged ORD. N0.12-11 (d) The site shall be designed and maintained to prevent drainage or runoff onto adi acent ~ro~er~ (e) The community Arden shall grow at least four (4) different food crops and/or non food crops. No gardening activities shall take dace before sunrise or after sunset. 50% or more of the planting area shall be in production at all times. (f) The ~ro~erty owner shall be ~rohrbited from seeking an agricultural tax exemption afforded by the local, state or federal tax regulations. (4) Site Standards: a) Community gardens are nrirnarily intended to occupy infill lots in single famil subdivisions, thus a garden shall not be greater in size than the standard lot within the neighborhood it is located Multiple infill lots are not to be combined, nor developed with individual gardens adjacent one another. For Multiple Family Residential zoning designations the ~ro~osed garden shall be a~ro~riate with respect to size and scale to the development in which they are located and this will be detem-tined during the site flan modification process. (b) All planting shall be planted no closer than 15 feet from the front ~ro~erty line and 10 feet from the interior side or rear ~ro~erty lines. Corner lots shall maintain a 15-foot side street setback All plantings shall comply with the visibility at intersection requirements pursuant to a~licable Land Development Regulations. (c) The Community Arden shall be served by a water sully sufficient to su~ort the cultivation practices used on the site. d) A verimeter fence or hedge is required for all gardens. The fence or hedge shall comply with LDR Section 4.6.5 and must have adrive-through gate to accommodate trucks and other eaui~ment that maybe used from time-to-time as a dart of the gardening maintenance. Hedges are encouraged and may consist of drought-tolerant shrubs. (e) Compost and organic matter to be used for the community Darden shall not be stored in open air. They shall be contained in a~ro~riate containers, which shall not be located with a 25-foot front setback nor 15-foot side street setback from all ri~hts~of-way and shall be a minimum of 10-foot setback from all interior ~ro~ert~ lines. Such containers shall be maintained to vrevent odors and prevent the harborage of rodents and bests. ORD. N0.12-11 (f) Storage of toxic and flammable materials is not allowed No tires are allowed to be stored on site. (~) One sign is permitted, which shall not exceed 16 square feet and with a maximum height of 5 feet. (h) No parking is allowed on site. Section 3. That Section 4.3.3, "Single Family Residential (R-1) Districts", of the Land Development Regulations of the City of Delray Peach is hereby amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (4) Pocket parks. (5) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (6) Assisted Living Facilities. (7) Residential Licensed Service Provider Facilities. (8) Community Gardens pursuant to regulations set forth in Section 4.3.3(D~ Section 4. That Section 4.4.5, "Low Density Residential (RL) District", of the Land Development Regulations of the City of Delray Peach is hereby amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the (RL) District as a pemutted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). 4 ORD. N0.12-11 (5) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (6) Pocket parks. (7) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (8) Assisted Living Facilities. (9) Residential Licensed Service Provider Facilities. (10) Community Gardens pursuant to regulations set forth in Section 4.3.3(D~ (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog nms, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family day care home pursuant to Section 4.3.3(T). 4.3.3(KK). (3) Home tutorial services subject to the restrictions set forth in Section (4) Home occupations. (5) Recreational facilities attendant to a subdivision which are operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (7) Guest cottages, only when accessory to a single family detached structure. (8) Community Gardens in connection with an approved multi-family development pursuant to regulations set forth in Section 4.3.3(D~ Section 5. That Section 4.4.6, "Medium Density Residential (RNI) District", of the Land Development Regulations of the City of Delray Peach is hereby amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the (RNA District as a permitted use: (1) Single family detached dwellings. 5 ORD. N0.12-11 (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(D). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (7) Pocket parks. (8) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (9) Assisted Living Facilities and Continuing Care Facilities. (10) Transient Residential Use. (11) Residential Licensed Service Provider Facilities. (12) Nursing Homes within multi family structures only. (13) Community Gardens pursuant to regulations set forth in Section 4.3.3(D~ (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog nms, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2) Family day care home pursuant to Section 4.3.3(T). 4.3.3.(KK). (3) Home tutorial services subject to the restrictions set forth in Section (4) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (5) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis (6) Guest cottages, only when accessory to a single family detached structure. 6 ORD. N0.12-11 (7) Community Gardens in connection with an approved multi-family development pursuant to regulations set forkh in Section 4.3.3(D~ Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST City Clerk First Reading Second Reading MAYOR 7 ORD. N0.12-11 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 25, 2011 AGENDA NO: V. D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING ARTICLE 4.4 TO PERMIT "COMMUNITY GARDENS" IN SPECIFIED ZONING DISTRICTS, AND TO SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES" ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will introduce the new use of "community gardens" to specified zoning districts as a permitted use, and will also provide specific criteria for their regulation. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS By definition and history, community gardens are green spaces that are communally cultivated and cared for. These spaces may consist of individually-worked plots, communally-tended areas and sitting areas. They are the result of the collective effort of people working together. Community gardening is an effective community-building strategy that contributes to neighborhood renewal, preservation, and stabilization. It provides a source of inexpensive, nutritious food and a rewarding personal experience. Enduring stewardship is needed to ensure success, and the gardens demonstrate the impact of sustained volunteer efforts. The ordinance is intended to provide for the implementation of community gardens, setting forth development standards and zoning criteria where such gardens shall be permitted. The intent of permitting community gardens is to allow a group of residents to grow produce and horticultural plants for their consumption and enjoyment without creating adverse environmental impacts or land use incompatibilities. It is not intended to be a commercial enterprise, and consequently, sale of produce and plants at the sites are to be prohibited. Zoning Districts where allowed Community Gardens are proposed to be allowed as a permitted use in the following zoning districts: R-1 Single Family Residential Districts RL Low Density Residential District (also allowed as accessory to an approved multi-family development) RM Medium Density Residential District (also allowed as accessory to an approved multi-family development) Planning and Zoning Board Meeting, April 25, 2011 LDR Amendment-Community Gardens General Rules and Reaulations Following are examples of some of the general regulations that will apply to community gardens: ^ A community garden is not intended to be a commercial enterprise. Sale of produce and plants at the site are prohibited. Surplus of produce and plants may be sold off premises only. ^ The raising of poultry or other livestock, fish and the keeping of bees shall be prohibited. ^ All community gardens shall require administrative plan approval through the Community Improvement Department or site plan modification approval by the Planning and Zoning Department. The application shall require the property owners consent along with the following items: o Layout of plots and other components proposed on the site of the community garden o Setbacks from adjacent properties o Identification of water supplies o Established operating rules, identifying the governance structure of the garden and maintenance and security responsibilities o Contact information for the person responsible for the oversight of the garden. ^ The owner of the property on which the garden is located shall be responsible for maintaining the property so that it does not become overgrown with weeds, infested by invasive exotic plants or vermin, or a source of erosion or storm water runoff. ^ If the property is not used as a community garden for 120 or more consecutive days, the site shall be restored back to its pre-community garden condition. ^ The use of pesticides, herbicides and weed killers, or insecticides made from synthetic chemical materials and chemicals is prohibited. The use of materials and practices used for organic production (guidelines) is strongly encouraged. ^ The site shall be designed and maintained to prevent drainage or runoff onto adjacent property. ^ The community garden shall grow at least four (4) different food crops and/or non-food crops. No gardening shall take place before sunrise or after sunset. 50% or more of the planting areas shall be in production at all times. ^ The property owner shall be prohibited from seeking an agricultural tax exemption afforded by the local, state or federal tax regulations. Specific Regulations Following are some of the specific regulations that will pertain to community gardens that will be added to Section 4.3.3: ^ Community gardens are intended to occupy infill lots, thus, a garden shall not be greater in size than the standard lot within the neighborhood it is located. ^ All plantings shall be planted no closer than 15 feet from the front property line and 10 feet from the interior side or rear property lines. Corner lots shall maintain a 15-foot side street setback. ^ All plantings shall comply with sight visibility requirements for intersections. ^ Community gardens shall consist of land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. The land shall be served by a water supply sufficient to support the cultivation practices used on the site. ^ A fence or hedge is required for all gardens. The fence or hedge shall comply with LDR Section 4.6.5 and must have a drive-through gate to the gardening maintenance. Hedges are encouraged and may consist of drought-tolerant shrubs. ^ Compost and organic matter to be used for the community garden shall not be stored in open air. They shall be contained in appropriate containers, which shall not be located within a 25 foot front setback nor 15 foot side street setback from all rights-of-way and a minimum of 10 foot 2 Planning and Zoning Board Meeting, April 25, 2011 LDR Amendment-Community Gardens setback from all interior property lines. Such containers shall be maintained to prevent odors and prevent the harborage of rodents and pests. ^ Storage of toxic and flammable materials is not allowed. No tires are allowed to be stored on- site. ^ One sign is permitted, which shall not exceed 16 square feet and with a maximum height of 5 feet. ^ No parking is allowed on site. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following support this proposed amendment: Future Land Use Element Objective A-1 states that "property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs" (emphasis added). `Community gardens' are proposed to be allowed as a permitted use, and also as an accessory use in certain residential zoning districts. They are compatible with other allowed uses in these districts with adherence to special regulations that are detailed in the ordinance. The use offers additional means of providing fruits and vegetables, thereby offering greater affordability to growers, with the option to take any surplus crops and sell them off-site. There has been considerable interest for this land use option by the public and this ordinance helps to fulfill a remaining land use need. Future Land Use Element Objective A-5 states that "the City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices." (emphasis added). The introduction of community gardens as a land use option available to our city residents is supported by this objective in that our LDRs are being reviewed and updated to provide this innovative development practice. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Advisory boards to which the proposal will be sent for review and recommendation include the Community Redevelopment Agency and the West Atlantic Redevelopment Coalition. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting 3 Planning and Zoning Board Meeting, April 25, 2011 LDR Amendment-Community Gardens ASSESSMENT AND CONCLUSION Community gardening is an effective community-building strategy that contributes to neighborhood renewal, preservation, and stabilization. It provides a source of inexpensive, nutritious food and a rewarding personal experience. Ensuring stewardship is needed to ensure success and the gardens demonstrate the impact of sustained volunteer efforts. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Article 4.4 To Permit "Community Gardens" In Specified Zoning Districts, And To Section 4.3.3, "Special Requirements For Specific Uses", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Article 4.4 To Permit "Community Gardens" In Specified Zoning Districts, And To Section 4.3.3, "Special Requirements For Specific Uses", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Article 4.4 To Permit "Community Gardens" In Specified Zoning Districts, And To Section 4.3.3, "Special Requirements For Specific Uses", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: May 10, 2011 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MAY 17, 2011 RESOLUTION N0.20-11/CONTRACT FOR SALE AND PURCHASE/5175 N.W. 6TH STREET ITEM BEFORE COMMISSION Staff requests City Commission approval to sell Neighborhood Stabilization Program property located at 5175 NW 6th Street to Nicaisse Eloi for the purchase price of one hundred two thousand dollars and 00/100 cents ($102,000.00) and provide a subsidy up to $20,000 secured by a promissory note and second mortgage. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs from the U. S. Department of Housing and Urb an Development (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The City of Delray Beach desires to sell the subject property to Nicaisse Eloi for the purchase price of one hundred two thousand dollars and no cents ($102,000.00), said property being described as follows: The West 40.00 feet, as measured from the West line of Lot 14, Block 10, of PINE TRAIL SECTION FOUR, according to the plat thereof, as recorded in Plat Book 35, Page 151, of the Public Records of Palm Beach County, Florida. RECOMMENDATION Staff recommends City Commission approval to sell NSP property located at 5175 NW 6th Street to Nicaisse Eloi for the purchase price of one hundred two thousand dollars and no cents ($102,000.00) and to provide a subsidy up to $20,000 secured by a promissory note and second mortgage. RESOLUTION NO. 20-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM PEACH COUNTY, FLORIDA, AS DESCRIPED HEREIN, HEREPY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE PETWEEN THE PUYER AND THE CITY OF DELRAY PEACH, FLORIDA. WHEREAS, the City of Delray Peach, Florida, wishes to sell property located at 5175 NW 6~ Street; and WHEREAS, the Puyer hereinafter named desires to buy the properly hereinafter described from the City of Delray Peach, Florida; and WHEREAS, it is in the best interest of the City of Delray Peach, Florida, to sell said property to be used for single family homeownership. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Peach, Florida, as Seller, hereby agrees to sell to Nicaisse Eloi, as Puyer, for the purchase price of One Hundred Two Thousand Dollars and 00/100 cents ($102,000.00) not to exceed appraisal, said properly being described as follows: The West 40.00 feet, as measured from the West line of Lot 14, Plock 10, of PINE TRAIL SECTION FOUR, according to the plat thereof, as recorded in Plat Book 35, Page 151, of the Public Records of Palm Peach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Peach, Florida, and the Puyer as hereinabove named are incorporated herein as E xhibit "A". PASSED AND ADOPTED in regular session on the day of , 2011. ATTEST: MAYOR City Clerk 1* 2* 3 4 5 6* 7* 8" 9 10 11* 12* 13* 14* PARTIES: CITY OF DELRAY BEACH ("Seller"), and NICAISSE ELOI {"Buyer"), hereby agree that Seller shall self and Buyer shall buy the following described Heal Property and Personal Property (collectively "Property"} pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"): I. DESCRIPTION: (a) Legal description of the Real Property located in PALM BEACH County, Florida; The Wes# 40 feet as measured from the West line of Lot 14 Block 10 of PINE TRAIL SEC 4 (b) Stroot address, city, zip, ofi the Property: 5175 NW 6TH STREET DELRAY BEACH, FL 33445 {c) Personal Property includes existing ranges}, refrigerator(s), dishwasher(s), ceiling fan(s), light fixturo(s), and window treatment(s) unioss specifically excluded below. Other items included are: Items of Personal Property (and leasod items, if any} excluded are: 15* II. PURCHASE PRICE (U.S. currency) :. . ........................... . ......................... . . . . $ 102.000.00 16 PAYMENT: 17'' {a) Deposit held in escrow foy Slnlor! & SGhmldt, PA {"Escrow Agent") in the amount of (checks subject to clearance) $ 5DD.D0 18` Escrow Agent's address: 190 NE 41h Avenue Oe{ray Beach, FL 33483 Phone: 561-278-2601 19* (b) Additional escrow deposit to foe made to Escrow Agent withih days after Effective Date in the amount of.......... $ f) QQ 20* (c) Financing in the amount of ("Loan Amount") see Paragraph IV below ........................... . ....... . ....... $ 84.500.00 21* (d) Other ............................................................................................ $ 95.000 00 22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject 23* to adjustments orprorations ................................................................................ $ 2000.00- 24 Ill. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIV>^ DATE: 25 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or 26'` befaro 611 512 0 1 1 ,the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other- 27 wise stated, the time for acceptance of any counteroffers shall be 2 days from the date the counteroffer is delivered. 28 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the 29 final counteroffor. if such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined above for 30 acceptance of this offer or, if applicable, the final aaunteroffer. 31 IV. FINANCING: 32* C] (a) This is a cash transaction with no contingencies for financing; 33* Gd (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase 34" the Property ("Loan Approval'? within days (if blank, then 30 days) after Effoctive Dato ("Loan Approval Date") for (CHECK ONLY 35* ONE): 0 a fixed; ^ an adjustable; or a a fixed ar adjustable rate loan, in the Loan Amount (See Paragraph IL(c)) at an initial interest rate not to 36* exceed 4.99 %, and for a term of 30 years. Buyer will make application within days ('rf blank, then 5 days) after Effective Date. 37 BUYER: Buyer shall use reasonable diligence to: obtain Laan Approval; notify Seiler in writing of receipt of Loan Approval by Loan Approval 38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requiros a condition related to the sale of other property shall 39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer authorizes the mortgage broker(s) and 40 lender(s) to disclose information regarding the conditions, status, and progress of loan application and Loan Approval to Seller, Seller's attorney, 41 real estate licensee(s), and Closing Agent. 42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Laan Approval Date, Seller may thereafter cancel this Contract by 43 delivering written native ("Seller's Cancellation Notice") to Buyer, but not later than seven (7) days prior to Closing. Seller's Cancellation Notice shall 44 notify Buyor that Buyer has three (3) days to deliver to Seller written notice waiving this Financing contingency, or the Contract shall be cancelled, 45. DEPOSITjS} (for purposes of this Financing Paragraph IVtb) only}: If Buyer has used reasonable diligonce but does net obtain Laan Approval 48 by Laan Approval Date, and thereafiter either party elects to cancel this Contract, the deposit(s) shall be returned to Buyer, fF Buyer obtains Loan 47 Approval or waivos this Financing contingency, and thereafter the Cantraat does net close, then the deposit(s) shall be paid to Seller; provided hovv- 48 ever, if the failure to close is due to: (i) Seller's failure or refusal to close or Seller othorwise fails to meet the terms of the Contract, or (ii) Buyer's leader 49 fails to receive and approve an appraisal of the Property in ari amount sufficient to meet the terms of the Loan Approval, then the deposit(s) shall, be 50 returned to Buyer. 51'` ^ (c) Assumption of existing mortgage (see rider far terms); or 52* ^ (d) Purchase money note and mortgage to Seller (see "As Is" Standards B and K and riders; addenda; or special clauses for terms)...- 53* V. TETLE EVIDENCE: At least days (if blank, then 5 days) before Closing a title insurance commitment with legib3e copies of instruments I€sied.as 54 exceptions attached thereto ("Title Commitment"} and, after Closing, an owner's policy of title insurance (see Standard A for terms) shall be obtained by: 55* (CHECK ONLY ONE): ®(1}Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or 5f3* ^ (2) Buyer at Buyer's expense. 57* (CHECK HEREJ: ^ If an abstract of title is to be furnished instead of title insurance, and attach rider fqr terms. 58* VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on 6/15/2011 ("Closing"), unless 59 modified fey other provisions of this Contract. to the event of extreme weather or other conditions or events constituting "force majeure", Closing w'sll be Bp extended a reasonable time until: (i) restoration of utilities and other services essential to Closing, and f 7 availability of Hazard, Wind, Flood, or Homeowners' 61 * insurance. If such conditions continue more than days (rf blank, then 14 days) beyond Closing Date, then either party may cancel this Contract. FAR/BAR A515-2 Rev. 9/07 O 2007 Florida Association of REAL7aRS® and The Florida Bar All Rights Reserved Page 1 of 5 32 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning, 33 restrictions, prohibitions and other requirements imposed by govemmental authority; restrictions and matters appearing an the plat ar othennrise 34 common to the subdivision; outstanding oil, gas and mineral rights of record wikhout right of entry; unplatted public utility easements of record "a5 (located contiguous to real property lines and not more than 1fl feet in width as to the rear or front lines and 7 1/2 feet in width as to the side 36 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, see 3T addendum}; provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for 3$" purposes}. 39 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended 70 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to "AS IS" Standard 71 F If occupancy is to be delivered before Closing, Buyer assumes all risks of loss ko Property from date of occupancy, steal! be responsible and liable 72 far maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy. 73 IX. TYPEWRITTI=N OR WANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro- 74 visions of this Contract in conflict with there. 75* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer U may assign and thereby be released from any further liability under this Contract; ©may 76* assign but not be released from liability under this Contract; or Cd may not assign this Oontract. 77 XI. DISCLOSURES: 7$ (a) The Property may be subject to unpaid special assessment lien(s) imposed by a public body ("public body" does not include a 79 Condominium or Homeowners' Association). Such liens}, if any, whether certified, confirmed and ratified, pending, ar payable in installments, 30* as of Closing, steal! be paid as follows: a by Seller at closing ^ by Buyer (if left blank, then Seller at Clvsir~g). If the amount of any 31 assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the 32 last estimate or assessment for the improvement by the public body. 33 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks ko per- 34 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, 35 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 36 (c} Mold ss naturally occurring and may cause health risks or damage ko property. If Buyer is concerned or desires additional information 37 regarding mold, Buyer should contact an appropriate professional. 38 (d) Buyer acknowledges receipt of the i`lorida Energy-Efficiency Rating Information Brochure required by Section 553.996, FS. 39 (e) If the Real Property includes pre-1978 residential housing, then alead-based paint rider is mandatory. a0 (f) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. 31 (g} BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYI=R HAS RECEIVED AND READ THE HOMEOWNERS' ASSOC(A- a2 TION/COMMUNITY DISCLOSURE. ~3 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RLLY ON THE SELI ER'S CURRENT PROPERTY TAXES AS THE AMOUNT g4 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER- a5 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGH>=R PROPI=RTY TAXES. ~6 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. a7 XII. MAXIMUM REPAIR COSTS: DELETED ~$* XIII. HOME WARRANTY: U Seller a Buyer ^ NIA will pay for a hams warranty plan issued by a9* at a cost not to exceed $ 100" XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Suyer shall have 15 days from Effective Date {"Inspection Period") within 101 which tv have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the 102 Se!!er during the Inspection Period, (bJ Buyer shall be responsible for prompt payment for such inspections and repair of damage 103 to and restoration of the Property resulting from such inspections and this provision {b} shall survive termination of this Contract; 104 and (c} if Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may cancel this Contract 105 by delivering facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. If Buyer timely 1 fl6 cancels this Contract, the deposit{s) paid shall be immediately returned to Buyer; thereupon, Buyer and Seller shall be released of 107 al! further obligations under this Contract, except as provided in this Paragraph X1V. Unless Buyer exercises the right to cancel 108 granted herein, Buyer accepts the Property in its present physical condition, subject to any violation of governmental, building, 109 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements t i 0 required by Buyer's lender. 111 XV. R[DERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract: 1'i 2* ^ CONDOMINIUM ^ VA/FHA ^ HOMEOWNERS' ASSN. ^ LEAD-BASED PAINT ^ COASTAL CONSTRUCTION CONTROL LINE 113* ~ ^ INSULATION ^ EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) ^ Other Comprehensive Rider Provisions (~ Addenda 214* Special Ciause(s}: 115* 116" 117* 11$* 119"` 12fl* 121* 122* 123* 124* 125* 126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy 127 of "AS IS" Standards A through Z on the reverse side, or attached, which are incorporated as part of this Contract. FAR/BAR ASIS-2 Rev. 9/07 O 2007 Florida Associatipn of R~ro~s° and The Florida Bar All Rights Reserved Page 2 of 5 128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 129 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF RF.ALTORSW AND THE FLORIDA BAR. 131 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be acceptod by the parties in a 132 particular transaction. Terms and conditions should be negotiated based upon tho respective interests, objectives and bargaining 133 positions of all interested persons. 134 AN ASTERISK('") FOLLOWING A LINE NUMBER IN THE MARGW INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED, 135* 136 (BUYER) 137" {DATE) (SELLER} {DATE) 138 (BUYER) {DATL~ (SELLER) (DATE) 139* Buyers' address for purposes of notice 212 SE 6th Street Sellers' address for purposes of notice 100 NW 15T AVENUE 140* DELRAY BEACH FL 33483 DELRAY BEACH, FL 33444 141* _(561}305-1621 Phone {561)243-7280 Phone 142 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with 143 this Contract: 144" Name: 145 Cooperating Brokers, if any Listing Broker FAR/BAR ASIS-2 Rev. 9/07 O 2007 Florida Association of RFALTORS® and Tea FEorida Bar All Rights Reserved Page 3 of 5 146 °'AS [S" STANDARDS FOR REAL ESTATE TRANSACTIONS 147 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insuror agreeing io issue Buyer, upon recording of the deed to Buyer, 148 an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to matters contained 149 in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards adopt- 15fl sd by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days {ram dato of receiving the Title Commitment to examine it, and if Title is 151 found dsfsctive, notify Seller €n writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove the 152 defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) oxtonding the time fora reasan- 153 able period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; ar {2) requesting a refund of deposit(s) paid which shall 154 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, 155 use diligent effort to correct defects} within the time provided. If, after diligent of{ort, Seller is unable to timely correct the defects, Buyer shall either waive the 156 defects, or receive a refund of deposits}, thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title 157 Commitment and it is delivered to Buyer Tess than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt 158 to examine same in accordance with this "AS IS" Standard. 159 8. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage Hate to Seller shat! provide far a 160 30 day grace period in the event of default rf a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment 16t in whale or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept 162 in good standing; shall forbid modifications of, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance captaining a 163 standard mortgagee clause covering all improvements located on the Real Property against fire and all perils included within the term "extendsd coverage 164 endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note 165 and security agreement shall be otherwise in form and content required by Ssilsr, but Seller may only require clauses and coverage customarily found in mort- 166 gages, mortgage notes and security agreements generally utilized by savings and loan institutions or slate or national banks located in the county wherein the 167 Real Property is located, All Personal Property and lsases being conveyed or assigned will, at 5sller's option, be subject to the lien of a security agreement evi- 168 deuced by recorded or filed financing statements or certificates of title. If a balloon mortgage, the final payment will exceed the periodic payments thereon. 169 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi- 170 fled by a registered Florida surveyor. If the survey discloses encroachments on the Heal Property or that improvements located thereon encroach on setback 171 lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. 172 D. WOOD DESTROYING ORGANISMS: DELETED 173 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intsnded use as described 174 in Paragraph Vll hereof and title to the Real Property is insurable in accordance with "AS IS" Standard A without exception for lack of legal right of access, 175 F. LEASES: Seilsr shall at least 10 days before Closing, furnish to Buyer copies of alt written leases and estoppel letters from each tenant specifying the nature 176 and duration of the tenant's occupancy, rents{ rates, advanced rent and security deposits paid by tenant. If Seller is unable tc obtain such letter from each ten- 177 ant, the same information shall be furnished toy Seller to Buyer within that time period in the forrri of a Seller's affidavit, and Buyer may thereafter contact ten- 178 ant to confirm such information. If the terms of the lsases differ materially from Seller's representations, Buyer may terminate this Contract by delivering written 179 notice to Seller at least 5 days prior to Closing. Seller shall, at Closing, deliver and assign al! original leases to Buyer. 180 G. LIENS: Seller shall furnish to Buysr at time of Closing an affidavit attesting to the absence, unless otherwise provided far herein, of any financing statement, 181 claims of lien or potential lienors known to Seller and further attesting that there have been no improvements ar repairs to the Real Property far 90 days imrrio- 182 diately preceding date of Closing. If the Real Property has been improved or repaired within that rims, Seller shall deliver releases or waivers of construction 183 liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting Earth the names of all such gen- 184 oral contractors, subcontractors, suppliers and materialmers, further affirming that all charges for improvements ar repairs which could serve as a basis for a 185 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. 186 H, PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent {"Closing 187 Agent") dosignated by the party paying for title insurance, or, if no title insurance, designated by Seller. 188 1. TIME: Calendar days shall be used in computing time periods except periods of less than six {6} days, in which event Saturdays, Sundays and state or nation- 189 al legal holidays shall be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the 190 next business day, Time is of the essence in this Contract. 191 J. CLOSING DOCUMENTS; Seller shall #urnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leas- 192 es, tenant and mortgagee estoppel !otters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements. 193 K. EXPENSES: Documentary stamps on the deed and retarding of corrective instruments shall be paid by Seller, A!t casts of Buyer's loan (whether obtained 194 from Seller or third party}, including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, 195 mortgagee title insurance commitment with related fees, and retarding of purchase money mortgage, deed and financing statements shall be paid by Buyer, 196 Unless otherwise provided by law or rider to this Contract, charges for related closing services, title search, and closing fees (including prsparation of closing 197 statement), shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V 198 .L. PROBATIONS; CREDITS: Texas, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. 199 Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Gash at Closing shall be 20Q increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy actors before Closing. Advance 201 rent and security deposits will be credited to Buyer Escrow deposits held lay mortgagee will be credited to Seller. Taxss shall be prorated based on the current 202 year's tax with due allowance made for maximum allowable discount, homostead and other exemptions. If Closing occurs at a date when the current year's mill- 2Q3 age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess- 204 ment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing, 205 which improvements were not inexistence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assess- 206 ment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into 207 account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill. 208 M. (RESERVED -purposely left blank) 209 N. INSPECTION AND REPAIR: DELETED 210 p. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty ("Casualty Loss") before Closing and cast of restoration (which 211 shall include the cast of pruning or removing damaged trees) does not exceed 1.5% of the purchass Price, cost of restoraticn shall be an obligaticn of Seller and 212 Closing shall proceed pursuant to the terms of this Contract, and i# restoration is not completed as of Glaring, restoration costs will be escrowed at Closing. If 213 the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property as is, together with the 1.5% or receive a refund of deposit(s) 214 thereby releasing Buyer and Se!!er from all further obligations under this Contract, Seller's sate obligation with respect to tree damage by casualty or other natu- 215 ral occurrence shall be the cost of pruning or removal. 216 P. CLOSING PROCEDURE: The doed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841, 217 F.S., as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following FAR/BAR ASIS-2 Rev. 9/07 ©2007 Florida Association of R~,rTOns~ and The Florida Bar All Rights Reserved Aage 4 of 5 218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 2i9 closing procedures shall apply: {1} all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2) 220 if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall 221 have 30 days from date of receipt of such notification to cure the defect; (3} if Seller fails tc timely cure the defect, all deposits and closing funds shall, upon 222 written demand by i3uysr and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Persona! 223 Property, vacate the Real Property and reconvey the Property to Seller by special warranty dead and bill of sale; and (4} if Buyer fails to make timely demand 224 for refund, Buyer shall take title as is, waiving all rights against Seller as fo any intervening defect except as may be available to Buyer by virtue of war- 225 ranties contained in the deed or bill of sale. 226 Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent is autY~orized and agrees by acceptance of them to deposit 227 them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract Failure of funds to 228 clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, con- 229 time to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shat! 230 determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents 231 a parry and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, all [iability on the part of Agent 232 shall fully terminate, except to the extent of accounting far any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with 233 provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 234 any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to 235 be paid from and out of the escrowed funds or equivalent and charged and awarded as court casts in favor of the prevailing party. The Agent shall not be liable 236 to any party or person icr misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of ibis 237 Contract or gross negligence of Agent. 238 R. ATTORNEY'S FEES; G05TS: in any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such, Gti- 239 gaiion, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers act'~ng in agency or nonagency relationships authorized by 240 Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses. 24t 5. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by 242 Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for 243 the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Con#ract; or Seller, 244 at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title mar- 245 ketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Buyer's 246 deposit(s) without thereby waiving any action for damages resulting from Seller's breach, 247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records. 248 This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and 249 one gender shall include aIL Notice and delivery given by or to the attorney or broker representing any party shall be as effective as if given by or to that party. 250 All notices must be in writing and may be made by mail, persona{ delivery or electronic media. A legibis facsimile or electronic (including "pdf") copy of this 25i Contract and any signatures hereon shall be considered for all purposes as an original. 252 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, persona! representative's, or guardian's deed, as 253 appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer, Personal Property shall, at the 254 request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. 255 V. OTHER ACaREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in thls Contract, No mod- 256 itication to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it. 257 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or 258 which have not been disclosed to Buyer; (2J Seller extends and intends no warranty and makes no representation of any type, either express or implied, 259 as to the physical condition ar history of the Property; (3) Seller has received no written or verbal notice from any governmenia! entity or agency as 260 to a currently uncorrected building, environmental or safety code violation; {4) Se!!er has no knowledge of any repairs or improvements made to the 261 Property without compliance with governmental regulation which have not been disclosed to Suyer. 262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller sf~all maintain the Property, including, 263 but not limited to lawn, shrubbery, and gaol in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shelf, upon 264 reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including awalk-through prior to Closing, to confirm that 265 all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS iS" Standard. Seiler will assign all 266 assignable repair and treatment contracts and warranties to Buyer at Closing. 267 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into alike-kind exchange (either simultaneous with Closing or deferred) with respect to the Property 268 under Section 1031 of the fnternal Revenue Code ("Exchange"}, the other party shelf cooperate in all reasonable respects to effectuate the Exchange, includ- 269 ing the execution of documents; provided (1) the cooperating party shall incur no liability or expense related to the Exchange and (2) the Closing shall not bs 270,. contingent upon, nor extended or delayed by, such Exchange. 271 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extenf permitted bylaw, against any real estate licensee involved 272 in the negotiation of the Contract for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the 273 Buyer or anyone claiming by, through, under or against the Buyer. FAR/BAR ASIS-2 Rev. 9/07 ©2607 Florida Association of R~arroas® and The Florida Bar All Rights Reserved Page 5 of 5 Moid inspectiorE Addendum to Contract - F~";filPPt Ftu~UC1/;Tl(}P•1 CJf' f=?Er'1Ll'QFI~ ~' The following provisions are made a part of the Contract for Sale and Purchase or Residential Sale and Purchase Contract between CITY OF DELRAY BEACH (Seiler) and NICAISSE ELOI (Buyer) concerning the Property located at 5175 NW 6TH STREET DELRAY BEACH, FL 33445 1. Buyer, at Buyer's expense, may have a qualified professional conduct an inspection of the Property for mold wi#hin ~ days from the Effective Date ("Mold Inspection Period"). 2. Buyer shah be responsible for prompt payment far such inspections and repair of damage to and restoration of the Property resulting from such inspections. This provision shall survive termination of the Contract. 3. In the event the mold inspection reveals a significant presence of mold in the Property, which requires professionals to remove the mold, at a cost which exceeds $ 500.00 Buyer may cancel the Contract by delivering written notice of such election no later than 48 hours after expiration of the Mold Inspection Period. If Buyer timely cancels the Contract, the deposits paid shall be immediately returned to Buyer and Buyer and Seller shall be released from further obligations under the Contract, except as provided in subparagraph 2 above. 4. If Buyer fails to conduct the inspection permitted in this Paragraph or having conducting such inspections, fails to timely notify the Seller of Buyer's intent to cancel this Contract or if the mold inspection does not reveal significant presence of mold in the Property which requires pro#essional remediation to remove the mold, at a cost which exceeds the sum specified in Paragraph 3 above, Buyers may not terminate this Contract pursuant to this Addendum. Seller: Seller: Buyer: Buyer: (signature} (signature} (signature) (signature) I DAVID T. HARDEN (print) _~ (print) ~ NICAISSE ELOI (print) ~_ (print) Date: Date: MIAC-1 Rev. 10102 ©2002 Florida Associalion of FiEAt_ror~s{~ All Rights Reserved FLSSI .•.. suvpaRr SERYlCE5,lNC If initialed by all parties, the clause below will be incorporated into the FAR/BAR Contract for Sale and Purchase between GITY Off' DEL1tAY BEAGH (Seller) and NICAISSE ELOI (Buyer) concerning the Property described as 5175 NInT 6'I=h STREET DELRAY BEACH, F'L 33!+5 H®MEOWNERS' ASSOCIATIONICt71VIIlAUTIITY DISCL05URIE Buyer's initials -Seller's initials; I# to be made a pars of the Contract. IF THE DISCLOSURE SUMMARY REQUIRED BY CHAPTER 720, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATNE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HA5 NO EFFECT. BUYER'S RIGHT TO VO1D THlS CONTRACT SHALL TERMINATE AT CLOSING. BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ TH15 DISCLOSURE. Disclosure Summary For RAI~TBERRY WOODS (Name of Community) {a) AS A BUYER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' A5S0- CIATION ("ASSOCIATION"). (b) THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVI; COVENANTS ("COVENANTS") GOVT=RNfNG THE USE AND 000U- PANCY OF PROPERTIES IN THIS COMMUNITY. (c) YOU WILL 13E 013LIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $..._ 2.R _ nn PER YEAR .YOU WILL ALSO BE OBLlGA71=D TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGI=. IF APPLICABLE, THE CURRENT AMOUNT IS $ PER (d) YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DIS- TRICT. ALL ASST=SSMENTS ARE SUBJECT TO PERIODIC CHANGE. (e) YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED 13Y A MANDATORY HOMEOWNERS' ASSOCIA- TION COULD RESULT IN A LIEN ON YOUR PROPERTY. {f? THERE MAY BEAN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACIL#- TIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $ PER {g) THE DEVI=LOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. (h) THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PUR- CHASING PROPERTY. {i) .THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED, OR ARE. NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER: BUYER Date BUYER Date Contracts and filders can Fie obtained from Florida Lawyers Support Services, Inc. (FLSSI) (407) 515-1501 FBCR-9 Rev. 9/07 (~ 2007 Florida Association of REALTORS® and The Florida Bar All Rights Reserved Page of Comprehensive Rider to the FAR/BAR Contract .for Sale and Purchase THIS FORM HAS BEEN APRROVED BY THE FLORIDA ASSOCIATION OF REALTORS' AND THE FLORIDA BAR NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its intention to sell the following real property described as: The West 40.00 feet, as measured from the West line of Lot 14, Flock 10, of PINE TRAIL SECTION FOUR, according to the plat thereof, as recorded in Plat Pook 35, Page 151, of the Public Records of Palm Peach County, Florida. Resolution 20-11 of the City Commission authorizing the sale of real property incorporating the terms and conditions thereof, will be considered at a public hearing to be held at 7:00 p.m. on May 17, 2011 at City Hall, Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida. CITY OF DELRAY BEACH, FLORIDA Chevelle Nubin City Clerk Publish: Palm Beach Post May 7, 2011 May 14, 2011 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 10, 2011 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF MAY 17, 2011 ORDINANCE NO. 16-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (I), "Community Residential Homes and Group Homes", to remove an out-of-date reference to Section 4.3.3(D), "Residential and Non-Residential Licensed Services Provider Facilities". BACKGROUND At the first reading on May 3, 2011, the Commission passed Ordinance No. 16-ll. RECOMMENDATION Recommend approval of Ordinance No. 16-ll on second and final reading. ORDINANCE NO. 16-11 AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, PY AMENDING SECTION 4.3.3(I), "CONIlVILJNITY RESIDENTIAL HOMES AND GROUP HOMES"; TO REMOVE AN OUT-OF-DATE REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn-iing and Zoning Poard reviewed the proposed text amendment at a public hearing held on April 21, 2011 and voted 6 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Poard sitting as the Local Plarn-iing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn-iing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3(I), "Community Residential Horner and Group Horner" of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: (I) Community Residential Horner and Group Horner: (1) Purpose: The purpose of this section is to provide for the health, safety, welfare, and shelter in sound housing of residents of Community Residential Homes and Group Homes and residents of the City who are in need of such facilities while assuring compatibility of these facilities with surrounding areas. (2) Applicability: This section shall be applicable but not limited to Community Residential Homes and Group Hornes which constitute a new facility or a modification of an existing lawful facility which increases the floor area or the permitted number of residents. This section does not include foster homes; assisted living facilities; continuing care facilities; abused spouse residences; child care facilities; adult day care facilities; nursing homes; nor licensed service provider facilities . . (3) Definitions: (a) Resident: The term "resident" for a community residential home or group home means any of the following pursuant to the Florida Statutes: 1. A frail elder as defined in Section 429.65, Fla Stat.; 2. A physically disabled or handicapped person as defined in Section 760.22(7)(a), Fla. Stat.; 3. A developmentally disabled person as defined in Section 393.063(12), Fla Stat.; 4. A nondangerous mentally ill person as defined in Section 394.455 (18), Fla. Stat.; or, 5. A child as defined in Section 39.01(14), Section 984.03(9) or (12), or Section 985.03(8), Fla Stat. (b) Community Residential Home: The term "Community Residential Home" means a dwelling unit licensed to serve clients of the D~zt of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice; or D~zt of Children and Family Services, or a dwelling unit licensed by the Agency for Health Care Administration, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet physical, emotional, or social needs of the residents. (c) Group Home: The term "Group Home" means a home, and/or a building or part thereof, or group of buildings, which has either less than seven (7) residents or more than fourteen (14) residents and which is licensed to serve clients of the D~zt of Elderly Affairs, the Agency for Persons with Disabilities, the D~zt of Juvenile Justice D~zt of Children and Families, or the Agency for Health Care Administration 2 ORD. NO. 16-11 (4) Classifications: (a) Group Home, Type 1: A group home of not more than six (6) unrelated residents. Such homes which satisfy the provisions of this section shall be allowed as a permitted use in the zoning districts as outlined in Section 4.3.3(I)(4)(d), provided, however, that no such home shall be located within a radius of 1,000 feet of another Type 1 group home or a community residential home. (b) Community Residential Home: Such homes which satisfy the provisions of this section shall be allowed as a permitted or conditional use in the zoning districts as outlined in Section 4.3.3(I)(4)(d), provided that such homes shall not be located within a radius of 1,000 feet of a community residential home or within a radius of 500 feet of a single family residential zoning district. (c) Group Home, Type 2: A group home which provides lodging or related services for fifteen (15) or more unrelated residents. Such homes which satisfy the provisions of this section shall be allo~d as a permitted or conditional use in the zoning districts as outlined in Section 4.3.3(I)(4)(d), provided hover that such homes shall not be located within a radius of 1,000 feet of a community residential home or group home, within a radius of 500 feet of a single family residential zoning district, or within a radius of 1,000 feet of a public or private elementary, middle or secondary school. (d) Community Residential Homes and Group Homes shall be allo~d as a permitted or conditional use in the following zoning districts: ZON ING DISTRICT S TYPE OF A RR RO , , RL RM PRD ' CBD, CF GC PC CBD-RC RESIDENCE R-1 OSSHAD Group Home, Permitted Permitted Permitted Permitted Permitted Not Permitted Permitted Not Type 1 Permitted Permitted Community Not Conditional Not Conditional Conditional Conditional Conditional Conditional Residential Permitted Use Permitted Permitted Use Use Use Use Use Home Group Home, Not Conditional Not Conditional Conditional Conditional Conditional Conditional Type 2 Permitted Use Permitted Permitted Use Use Use Use Use (5) Noticing and Licensing Requirements: ORD. NO. 16-11 (a) An applicant for a community residential home must notify the City in writing the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. The City may review the notice submitted for compliance with the underlying zoning district and respond pursuant to Chapter 419.001(3)(a) of the Florida Statutes. (b) Group Homes shall at the time of application for City business tax receipt provide evidence that appropriate approvals or licenses from county, state, or federal regulatory agencies have been applied for or obtained if any is required and they must show that no other community residential home or group home is within a radius of 1,000 feet of the proposed site. The business tax receipt must be renewed annually and may only be received upon provision of proof that the facility continues to be licensed by the State, if required and upon passing of City inspections. (6) Development Standards: (a) 1VTinimum Floor Areas: 1. Community Residential Homes and Group Homes of 4 to 14 residents require no minimum floor area except as required by the underlying zoning district requirements and as required by State agencies. 2. Type 2 Group Homes require a minimum floor area for bedrooms of 80 square feet for the first permitted resident in a bedroom with an additional 60 square feet for each additional permitted resident in a bedroom. There shall be a minimum of one bathroom equipped with sinl~ commode, and sho~r or tub per each four permitted residents. (b) Outdoor Recreational Space: Type 2 Group Horner located in nonresidential zone districts shall provide usable outdoor passive recreation area of 35 square feet per resident in addition to any required open space, landscaping, and setback areas. (c) Special Regulations: 1. Signage shall be pursuant to LDR Section 4.6.7. 2. Parking requirements shall be pursuant to LDR Section 4.6.9(C) (7) Findings of Reviewing Authority: The Planning and Zoning Board shall not recommend approval of a Conditional Use for a Community Residential Home or Group Home unless it is demonstrated that the home has met all of the requirements of Section 4.3.3(I), including 4 ORD. NO. 16-11 those requirements in the specific zoning district in which the proposed home is to be located and has received applicable preliminary State agency approval or current State agency license when a license is required A recommendation of approval shall be based upon consideration of the following factors: (a) Homes located within residential districts shall have building elevations, which are residential in character and similar in appearance to the surrounding neighborhood They shall not be institutional in appearance as determined by the Site Plan Review and Appearance Board or the Historic Preservation Board (b) Homes located in a nonresidential area shall be maintained in the general character of the surrounding area. This standard applies to design, lot size, landscaping, and other factors affecting the character of the area. (c) The proposed facility shall be in conformance with the Future Land Use Map, and Objectives and Policies of the Cites Comprehensive Plan. (8) Distance Requirements: All distance requirements in this section shall be measured from the nearest point of the existing home, school or area of single-family zoning to the nearest point of the proposed Community Residential or Group Home. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 16-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: April 26, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MAY 3, 2011 ORDINANCE NO. 16-ll Page 1 of 1 ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to the Land Development Regulations (LDRs) to remove an out of date reference. BACKGROUND The proposed amendment to Section 433(I), "Community Residential Homes and Group Homes", is to remove an out of date reference to Section 43.3(D), which was repealed by the City Commission on April 5, 2011 via Ordinance No. 10-ll. 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. REVIEW BY OTHERS The Planning and Zoning Board recommended approval on a 6 to 0 vote (Glickstein Absent) at its April 25, 2011 meeting. RECOMMENDATION By motion, approve Ordinance No. 16-ll on first reading for achy-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4449&MeetingID=316 5/10/2011 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 25, 2011 AGENDA NO: V.B. AGENDA ITEM: AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(1), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", TO REMOVE AN OUT OF DATE REFERENCE TO SECTION 4.3.3(D). ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to Land Development Regulations Section 4.3.3(1), "Community Residential Homes and Group Homes", to remove an out of date reference to Section 4.3.3(D), 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. BACKGROUND AND ANALYSIS The proposed amendment to Section 4.3.3(1), "Community Residential Homes and Group Homes", is to remove an out of date reference to Section 4.3.3(D), which was repealed by the City Commission on April 5, 2011 via Ordinance No. 10-11. The reference to this Section should have been deleted with that Ordinance, but was missed in error. The purpose of this Ordinance is to correct that error. 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. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendment to Land Development Regulations Section 4.3.3(1), "Community Residential Homes and Group Homes", to remove an out of date reference to Section 4.3.3(D), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: ^ Proposed Ordinance No. 16-11 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 10, 2011 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF MAY 17, 2011 ORDINANCE NO. 17-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city initiated amendment to Land Development Regulations (LDR) Section 4.4.29, "Mixed Residential Office and Commercial (MROC) District", to clarify allowable densities. BACKGROUND At the first reading on May 3, 2011, the Commission passed Ordinance No. 17-ll. RECOMMENDATION Recommend approval of Ordinance No. 17-ll on second and final reading. ORDINANCE NO. 17-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, PY AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT"; TO CLARIFY THE MAXIMUM PERMITTED DENSITIES IN THE MROC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on Apri125, 2011 and voted 6 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has detem-tined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.4, "ease Zoning District", Section 4.4.29, "NTixed Residential, Office and Commercial (MROC) District," of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: Section 4.4.29 Mixed Residential, Office And Commercial (NIIZOC) District ... (P) Principal Uses and Structures Pemutted The following types of uses are allowed within the MROC district as permitted uses: (1) Office Center: The "Office Center" uses within an MROC development may comprise as much as one hundred percent (100%) of the total building square footage within the development. These uses can include: (a) Financial Institutions, e.g, banks, savings and loan establishments, brokerage firms. (b) Medical Offices, e.g., physicians, dentists, chiropractors, podiatrists, optometrists, etc. (c) Professional Offices, e.g, attorneys, engineering firms, architectural (d) Governmental offices, e.g., including federal, state, county, and local offices, along with their related fleet and communications operations (which will be considered accessory uses to governmental offices and services), civic centers, courthouses, fire stations, public health facility, law enforcement offices and facilities, post office, public utility facilities, communication towers and community facilities such as civic centers, cultural facilities, libraries, auditoriums, museums, and public recreation facilities, and services such as day care centers, abuse, child care centers. (e) Business Support Services, prirriarily engaged in rendering services to other building establishments, e.g., such as mailing, building maintenance, personnel and employment services, management, and consulting services, protective services, copy and printing, travel, office supply, and similar services. (2) Research and Development: Research and Development (R&D) uses involve either some degree of product creatiory testing, evaluation, and development or the provision of testing and evaluation services for use by others. R&D uses may constitute 100% of the total building square footage within the development. Examples of such uses or resulting products include: (a) Product Creation, Testing, Evaluation, and Development: 1. computer hardware 2. computer software 3. pharmaceuticals (b) Research and Development Services: 1. calibration laboratories or services 2. chemical laboratories 3. commercial testing laboratories 4. soil laboratories 5. scientific research laboratories 2 ORD. NO. 17-ll (3) General Retail Uses: Retail uses and/or facilities not to exceed 20% of the total building square footage of the development, including, but not limited to: (a) Restaurants, baked goods, books, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, pharmacies, flowers and plants, fruits and vegetables, food gifts, glassware, ice cream, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wring apparel and accessories, appliances, bicycles, business machines, j ewelry. (b) Farber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, outdoor cafes, tailoring, tobacconist. (c) Galleries, butcher shops, cocktail lounges, exercise facilities, museums, libraries, newsstands, commercial or public parking lots and parking garages. (4) Multi family Dwelling Units: Multi family uses excluding duplexes.) subject to (c)(1)(2)(3) and (4) below, ~ with a maximum density of either 40 ~d or 50 units per acre subject to the following; (a) Residential units within 1,000 linear feet of the Tri Rail Transit station (measured by airline route) may comprise 100% of the total floor area of the development master plan at a maximum density of (50) units per acre. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel (b) Residential units between 1,001 and 2,500 linear feet of the Tri-Rail Transit station (measured by airline route) may comprise 80% of the total floor area of the development master plan at a maximum density of (50) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. If a portion of the parcel is within 2,500 linear feet, this regulation shall apply to the entire parcel (c) Residential units at a distance (measured by airline route) greater than 2500 feet of a transit station may comprise 75% of the total floor area of the development master plan at a maximum density of (40) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. 1. Residential developments must include a minimum of 20% workforce twits consisting of moderate income workforce traits as defined by Article 4.7 Family/Workforce Housing ORD. NO. 17-ll 2. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. Notwithstanding the above, residentially developed sites within 1,000 linear feet (measured by airline route) of the Tri Rail station can contain 100% workforce housing units. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel 3. For mixed use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed. 4. All residential developments shall be subject to the Performance Standards of 4.4.13(I)(2) (5) Hotel, Motel and Residential All Suite Lodging: These types of uses may comprise up to 20% of the total floor area of the overall master plan. For the purpose of calculating the percentages of uses within the development master plary multiple hotels, motels, and residential all suite lodging uses will be considered one specific use category. (6) Assisted Living Facilities and Continuing Care Facilities subject to the requirements set forth in Section 4.4.29(5)(4) a, b, and c above. ... 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 17-ll Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: April 27, 2011 SUB]ECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MAY 3, 2011 ORDINANCE NO. 17-11 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that clarifies allowable densities in the Mixed Residential, Office and Commercial (MROC) zoning district. BACKGROUND The current introductory statement regarding multi-family dwelling units in the MROC zoning district states that multi-family uses (excluding duplexes), subject to detailed regulations that immediately follow, are allowed at densities between 40 and 50 units per acre. There are three (3) scenarios that allow varying maximum densities, each of which is based upon the distance from the Tri-Rail Transit station. The introductory statement has been interpreted to mean only densities between 40 and 50 are allowed rather than maximum densities of 40 and 50 depending on the properties proximity to the Tri-Rail Station. This amendment clarifies this point. 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. REVIEW BY OTHERS The Planning and Zoning Board recommended approval on a 6 to 0 vote (Mr. Glickstein Absent) at their April 25, 2011 meeting. RECOMMENDATION By motion, approve Ordinance No. 17-11 on first reading for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4452&MeetingID=316[5/10/2011 12:13:01 PM] PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 25, 2011 AGENDA NO: V. C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.4.29(B)(4) IN ORDER TO CLARIFY THE ALLOWABLE DENSITIES IN THE MROC ZONING DISTRICT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will clarify allowable densities in the Mixed Residential, Office and Commercial (MROC) zoning district. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The current introductory statement to regulate multi-family dwelling units in the MROC zoning district opens by stating that multi-family uses (excluding duplexes),subject to detailed regulations that immediately follow, are allowed at densities between 40 and 50 units per acre. There are three (3) scenarios that allow varying maximum densities, each of which is based upon the distance from the Tri-Rail Transit station. The introductory statement has been interpreted to mean only densities between forty and fifty are allowed rather than maximum densities of 40 and 50 depending on the properties proximity to the Tri-Rail Station. This amendment clarifies this point. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific sections to which this amendment would be found consistent, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Planning and Zoning Board Meeting, April 25, 2011 LDR Amendment - MROC Densities Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The amendment will clarify maximum allowable densities in the MROC zoning district depending upon the distance from the Tri-Rail station. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.29(B)(4) In Order To Clarify The Allowable Maximum Densities In the MROC Zoning District Depending Upon Proximity To A Transit Station, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.4.29(B)(4) In Order To Clarify The Allowable Maximum Densities In the MROC Zoning District Depending Upon Proximity To A Transit Station, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.4.29(B)(4) In Order To Clarify The Allowable Maximum Densities In the MROC Zoning District Depending Upon Proximity To A Transit Station, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed Ordinance 2