01-19-99 Regular DELRAY BEACH
CITY OF DELRAY BEACH, FLORIDA CITY COMMISSION REGULAR MEETING
JANUARY 19, 1999- 6:00 P.M./PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS ®
1993
The City will furnish auxihary 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 Randolph at 243-7127 (voice) or 243-
7199 (TDD), 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the Commission
Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the order
of presentation being as follows: City Staff, public comments, Commission discussion
and ofi~lcial action. City Commission meetings are business meetings and the right to
limit discussion rests with the Commission. Generally, remarks by an individual
will be limited to three minutes or less. The Mayor or presiding officer has
discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this section.
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: When extraordinary
circumstances or reasons exist and at the discretion of the Commission, citizens
may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, 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.
Regular Commission Meeting
January 19, 1999
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.
[ AGENDA ]
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
5. Approval of Minutes:
Regular Meeting of January 5, 1999
6. Proclamations:
A. Recognizing and commending the Delray Rocks Football Program
7. Presentations:
A. City Golf Championship Awards
8. Consent Agenda: City Manager recommends approval.
A. RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS:
Ratify the slate of new appointees to the Old School Square Board of
Directors for three year terms beginning January 13, 1999.
B. AGREEMENT FOR REPAYMENT OF OLD SCHOOL SQUARE LINE OF
CREDIT AGREEMENT OF JULY 1992: Consider approval of an
agreement between the City, the Community Redevelopment Agency
(CRA) and Old School Square, Inc. wherein the CRA relieves Old School
Square of the obligation to the City and the CRA agrees to pay to the City
the balance of the principal outstanding, in equal installments over a
period of ten years.
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Regular Commission Meeting
January 19, 1999
C. LEASE RENEWAL/CASON COTTAGE: Approve a ten (10) year renewal
of the lease agreement between the City and the Delray Beach Historical
Society for the property known as Cason Cottage.
D. ACCEPTANCE OF EASEMENT & RIGHT OF ENTRY AND LICENSE
AGREEMENT WITH SMITH (BROOKS LANE): Accept an easement deed
for a five foot drainage easement and approve a right of entry and license
agreement with Charles Smith, 1033 Brooks Lane, to facilitate
completion of the Brooks Lane drainage improvements project.
E. ACCEPTANCE OF EASEMENT DEED/SHULER MEMORIAL CHAPEL,
INC.: Accept an easement deed from Shuler Memorial Chapel, Inc. to
accommodate installation of a sidewalk over the northeast corner of Mr.
Shuler's property.
F. ACCEPTANCE OF RIGHT-OF-WAY DEED/MARTY FLADELL DRIVE
(fka DON FRANCISCO'S WAY): Accept a right-of-way deed from William
E. Bowman, Jr. and James E. Bowman for a 25 foot road right-of-way for
Marty Fladell Drive (fka Don Francisco's Way) associated with the
construction of a parking lot for Continental Concrete.
G. AGREEMENT FOR SIDEWALK IMPROVEMENTS/MARTY FLADELL
DRIVE (fka DON FRANCISCO'S WAY): Approve an Agreement for
Sidewalk Improvements with William E. Bowman, Jr. to waive the
requirement for installation of a sidewalk along Marty Fladell Drive (fka
Don Francisco's Way) in conjunction with new development until such
time as the City requests construction of the sidewalk.
H. ACCEPTANCE OF EASEMENT DEED/CFBC, L.C.: Accept an easement
deed from CFBC, L.C. granting a five foot easement along the west side of
Lot 1, Block 59 (located at the southeast corner of N.W. 1st Avenue and
N.W. 2nd Street) to allow the City to maintain a sidewalk that will be
installed in this area.
I. LIMITED ACCESS EASEMENT AGREEMENT/CFBC, L.C.: Approve a
limited access easement agreement with CFBC, L.C. to provide for a
limited access easement along the north side of the property adjacent to
N.W. 2nd Street so that frontage of the property shall then be on N.W.
1st Avenue pursuant to LDR Section 4.3.4(E)(4).
J. CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/REPUBLIC
CONSTRUCTION & DEVELOPMENT CORP. (PARKS DEPARTMENT
EMPLOYEE LOUNGE/TRAINING ROOM): Approve closeout Change
Order #1 in the deduct amount of $1,276.00 and final payment in the
amount of $13,556.40 to Republic Construction & Development Corp. for
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Regular Commission Meeting
January 19, 1999
completion of the Employee Lounge/Training Room interior renovations
project at the Parks and Recreation maintenance facility, with funding
from 001-4131-572-62.10 (Parks & Recreation/Buildings).
K. CLOSEOUT CHANGE ORDER #2 AND FINAL
PAYMENT/INTERCOUNTY FOUNDATION, INC. (BUCIDA ROAD
WATER MAIN AND DRAINAGE IMPROVEMENTS): Approve closeout
Change Order #2 in the deduct amount of $5,626.52 and final payment in
the amount of $7,452.42 to Intercounty Foundation, Inc. for completion of
the Bucida Road Water Main and Drainage Improvements project, with
funding from 442-5178-536-63.50 (W&S Renewal and Replacement
Water Line Upgrades).
L. RESOLUTION NO. 6-99: Approve a resolution assessing costs for
abatement action required to remove nuisances on fourteen (14)
properties throughout the City.
M. RESOLUTION NO. 7-99: Approve a resolution setting the public hearing
date for consideration of the Woods of Southridge Special Assessment
District final assessment roll.
N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards
for the period January 4th through January 15, 1999.
0. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the amount of $14,762.00 to Sanders Company,
Inc., sole source provider, for the purchase of two (2) impellers and
mechanical seals for Lift Station 100 as part of the preventative
maintenance program, with funding from 442-5178-536-64.90
(W&S Renewal and Replacement - Other Machinery and
Equipment).
2. Contract award in the amount of $69,361.00 to Farmer & Irwin
Corporation for the replacement of roof top and roof mounted air
conditioning units at the Police Department Headquarters facility,
with funding from 334-6111-519- 63.21 (General Construction
Fund - Police Chiller A/C System).
3. Purchase award in the total amount of $24,300.00 to Glock, Inc. for
the purchase of new replacement duty handguns for the Police
Department, with funding from 001-2111-521- 52.27 (Police
Administrative Services - Equipment less than $500).
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· Regular Commission Meeting
January 19, 1999
4. Purchase award in the total amount of $14,425 to Lawmen's and
Shooters Supply, Inc., via Florida State contract, for the purchase
of the annual supply of ammunition for the Police Department,
with funding from 001-2111-521-52.20 (Police Administrative
Services - General Operating Supplies).
5. Purchase award in the total amount of $20,097.00 to Gateway, via
Florida State contract, for the purchase of nine (9) computers (7
replacements and 2 new computers) for the Fire Department to
meet Year 2000 compliance, with funding in the amount of $2,360
from 001-2311-522-64.11 (Fire Administration Computer
Equipment), $2,360 from 001-2317-522-64.11 (Fire Safety
Computer Equipment), and $15,377 from 334-6112-519-64.11
(R&R - Computer Equipment).
9. Regular Agenda:
A. REQUEST FOR REDUCTION IN PAVEMENT WIDTH AND RELIEF
FROM IMPROVEMENT OBLIGATIONS/THE ESTUARY SUBDIVISION:
Consider approval of a request to reduce the pavement width from 24 feet
to 22 feet for residential streets located within the proposed Estuary
Subdivision (fka Yake Property), and for relief from LDR Section 5.3.1(E),
"Improvement Obligations", to provide one-half the cost of improving the
alleys on both the north and south borders. The subject property is
located 850 feet east of North Federal Highway, north of Denery Lane,
south of Allen Avenue, immediately adjacent to the Intracoastal
Waterway.
B. RESOLUTION NO. 5-99 (ALLEY ABANDONMENT/BLOCK ONE,
KENMONT SUBDIVISION) & ACCEPTANCE OF EASEMENT DEED:
Consider approval of a resolution vacating and abandoning a 15 foot wide
east/west alley right-of-way within Block One, Kenmont Subdivision,
located between Bond Way and Denery Lane, based upon positive
findings, and subject to acceptance of an easement deed for public
utilities.
C. REPORT ON MAD DADS~ INC. SUBRECIPIENT
AGREEMENT/ACTIVITIES: Consider responses to comments and
concerns raised by Dr. Josh Smith, Jr. regarding the use of Community
Development Block Grant (CDBG) funds provided to the MAD DADS
organization.
D. APPOINTMENTS TO THE CITY'S MILLENNIUM COMMITTEE:
Consider ratifying the appointments of the members to the Millennium
Steering Committee as proposed by staff.
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· Regular Commission Meeting
January 19, 1999
E. SETTLEMENT/BOOKBINDER V. CITY OF DELRAY BEACH: Consider
settlement of the referenced matter as recommended by the City
Attorney.
F. DIRECTION CONCERNING BOARD APPOINTMENT RESTRICTIONS:
Clarify the City Commission's policy concerning restrictions on Board
appointments (i.e. serving on two boards).
G. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint a citizen-at-large representative to the Parking
Management Advisory Board for a two year term ending January 31,
2001. The appointment will be made by Commissioner Schmidt.
H. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint a
regular member (layperson) to the Code Enforcement Board for a three
year term ending January, 2002; a regular member (subcontractor
position) to fill an unexpired term ending January, 2000; and an
alternate member for a full three year term. The appointments will be
made by Commissioner Ellingsworth, Commissioner Randolph and
Mayor Alperin.
10. Public Hearings:
A. ORDINANCE NO. 2-99: An ordinance rezoning a parcel of land located on
the north side of Southridge Road, between South Swinton Avenue and
S.W. 4th Avenue, from RO (Residential Office), in part, and R-I-A (Single
Family Residential), in part, to CF (Community Facilities) District.
QUASI-JUDICIAL HEARING
B. SALE OF CITY-OWNED PROPERTY TO EBENEZER UNITED
CHRISTIAN WESLEYAN CHURCH: Consider approval of the sale of a
vacant City-owned parcel of land located on the south side of S.W. 2nd
Street between S.W. 6th and 7th Avenues (Lot 48, Block 15, Town of
Delray) to Ebenezer United Christian Wesleyan Methodist Church, and
authorize execution of the associated Contract for Sale and Purchase.
C. ORDINANCE NO. 1-99: An ordinance amending Chapter 96, "Fire Safety
and Emergency Services", Section 96.66, "Emergency Medical
Transportation Fees", of the City Code to adjust the fee schedule for
emergency medical transportation in accordance with the Inflation Index
Charge applicable to Medicare services and fee schedules.
D. ORDINANCE NO. 47-98 (IN LIEU OF PARKING REGULATIONS): An
ordinance amending LDR Section 4.6.9(E), "Location of Parking Spaces",
and Section 4.4.13(G), "Supplemental District Regulations", in the CBD,
regarding in-lieu of parking regulations. (CONTINUED FROM 12/1/98)
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Regular Commission Meeting
January 19, 1999
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. ORDINANCE NO. 3-99 (TWO HOUR PARKING LIMIT IN VETERANS
PARK): An ordinance amending Chapter 73, "Parking Schedules", of the
City Code by amending Schedule I. to provide for a two-hour parking
limit in the parking spaces at Veterans Park. If passed, a public hearing
will be scheduled for February 2, 1999.
B. ORDINANCE NO. 4-99 (IN LIEU OF PARKING REGULATIONS): An
ordinance amending LDR Section 4.6.9(E), "Location of Parking Spaces",
to provide for revised in lieu of parking regulations. If passed, a public
hearing will be scheduled for February 2, 1999.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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WHEREAS, the Delray Rocks Football Program is
sponsored by the Delray Beach Parks and Recreation Department
and the players and cheerleaders proudly represent the City of
Delray Beach; and
WHEREAS, all four teams advanced to the South
Florida Youth Football League playoffs in the League
Championships; and
WHEREAS, the 75-pound team (Coach Gerrall Lewis)
won the South Florida Youth Football League Championship in
Pompano Beach on November 21, 1998, and also won the Sports
Network International Competition held on November 28, 1998, in
Daytona Beach; and
WHEREAS, the 95-pound team (Coach Gene Tarver)
advanced to the second round of the South Florida Youth
Football League Championship and was runner-up in the Sports
Network International Competition in Daytona Beach; and
WHEREAS, the 120-pound team (Coach Walter Stephens)
won runner-up in the South Florida Youth Football League
Championship and also won the Sports Network International
Competition; and
WHEREAS, the 150-pound team (Coach Ben Leonard)
advanced to the second round of the South Florida Youth
Football League Championship and was runner-up in the SOYSA
Bowl held on November 28, 1998, in Bartow, Florida; and
WHEREAS, the 75-pound Cheerleading squad (Coach
Debra Troutman), the 95-pound Cheerleading squad (Coach Maria
Jackson), and the 150-pound Cheerleading squad (Coach Rene
Walls) won second place in the South Florida Youth Football
Cheerleading Competition at Dillard High School on November 15,
1998, and the 75-pound and 95-pound teams won first place in
'Spirit and Stunting' in the Sports Network International
Cheerleading Competition held on November 28, 1998, in Daytona
Beach, Florida; and
WHEREAS, the parents, friends and cheerleaders of
the Delray Rocks represented the City of Delray Beach in
support of the accomplishments of these young men and and women
and their coaches.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim the 1998 Delray Rocks and Cheerleaders to be
"CHAMPIONS AMONG CHAMPIONS AND
AMBASSADORS OF ~OOD WILL AND SPORTSMANSHIP
FOR THE CITY OF DELRAY BEACH, FLORIDA"
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 19th day of January, 1999.
MAYOR
JAY ALPERIN
Agenda Item No.:
AGENDA REQUEST
Date: December 29, 1998
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: January 19~ 1999
Description of agenda item (who, what, where, how much): Reguest Mayor to
si§n and City Commission to issue Proclamation honorin§ the Delra~. Rocks Football
ProKram.
ORDINANCE/
RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Issue Proclamation.
Department Head Signature: -
Determination of Consistency ~w~th Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account NO. & Description:
Account Balance:
City Manager Review:
Approved for agenda: E~ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
PROCLAMATION
WHEREAS, the Delray Rocks Football Program is sponsored by
the Delray Beach Parks and Recreation Department and the players and
cheerleaders proudly represent the City of Delray Beach; and
WHEREAS, all four teams advanced to the South Florida Youth
Football League playoffs in the League Championships; and
WHEREAS, the 75-pound team ( Coach Gerrall Lewis ) won the
South Flodda Youth Football League Championship in Pompano Beach at
Ely High School, on November 21, 1998 and also won the Sports Network
International Competition, held on November 28, 1998, in Daytona Beach,
Florida; and
WHEREAS, the 95-pound team ( Coach Gene Tarver ) advanced
to the second round of the South Florida Youth Football League
Championship and was runner-up in the Sports Network International
Competition held on November 28, 1998, in Daytona Beach, Flodda; and
WHEREAS, the 120-pound team ( Coach Walter Stephens ) won
runner-up in the South Florida Youth Football League Championship in
Pompano Beach at Ely High School on November 21, 1998 and also won
the Sports Network International Competition held on November 28, 1998,
in Daytona Beach, Florida; and
WHEREAS, the 150-pound team ( Coach Ben Leonard ) advanced
to the second round of the South Florida Youth Football League
Championship and was runner-up in the SOYSA Bowl held on November
28,1998 in Bartow, Florida; and
WHEREAS, the 75-pound Cheerleader squad ( Coach Debra
Troutman ) and the 95-pound Cheerleading squad ( Maria Jackson ) and
the 150-pound Cheerleading squad ( Rene Walls ) won second place in
the South Flodda Youth Football Cheerleading Competition, at Dillard
High School, November 15, 1998 and the 75 & 95-pound teams won first
place in Spirit and Stunting , in the Sports Network International
Cheerleading Competition, held On November 28, 1998 in Daytona Beach,
Florida; and
WHEREAS, the parents, friends and cheerleaders of the Delray
Rocks represented the City of Delray Beach in support of the
accomplishments of these young men and women and their coaches.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do hereby
proclaim the Delray Rocks and Cheerleaders to be
"CHAMPIONS AMONG CHAMPIONS AND
AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA"
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 19~h. day of January, 1999
MEMORANDUM
DELRAY BEACH GOLF CLUB
2200 HIGHLAND AVENUE
DELRAY BEACH, FL 33445
561 .243.7380
FAX: 561 .243.7386
DATE: December 21, 1998
TO: DAVE HARDEN, CITY MANAGER
_1
FROM: Sandra Eriksson, LPGA
Director of Golf
RE: COMMISSIONERS' MONTHLY MEETING ~
REQUEST FOR AGENDA TIME
CC: B. DUBIN, S. PAINTER, B. EDWARDS
IF POSSIBLE, WE WOULD LIKE TO BE PLACED ON THE NEXT AVAILABLE
AGENDA FOR DISTRIBUTION OF THE CITY GOLF CHAMPIONSHIP
AWARDS.
WE WOULD LIKE MAYOR ALPERIN AND DEPUTY MAYOR RANDOLPH TO
PRESENT TO THE CHAMPIONS.
PLEASE ADVISE AS TO DATE.
THANK YOU! HAPPY NEW YEAR TO YOU, YOUR STAFF AND YOUR
FAMILY.
[ITY OF I)ELAI:IY BEAgH
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000
MF IO DUM
TO: David T. Harden, City Manager
1993
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item City Commission Meeting {anuary 19, 1999
Ratification - New Board Members Old School Square
DATE: January 15, 1999
Action
City Commission is requested to ratify the slate of new board members being appointed
to Old School Square.
Background
Per our Management Agreement with Old School Square, City Commission is required
to ratify new members appointed to the Board of Directors. This approval is for
ratification purposes only.
The following slate of appointees to serve a three (3) year term beginning lanuary 13,
1999 was approved by the membership of Old School Square at their annual meeting.
0 Ms. Jestena Boughton
0 Mrs. Pat Healy-Golembe
0 Mrs. Pat Jones
0 Mrs. Janet Onnen
0 Mr. Donald Robinson
0 Mr. W. Tunstall Searcey
0 Mr. Mark Templeton
Mrs. Nancy Touhey
Recommendation
Staff recommends ratification of the slate of new board members for Old School Square.
RAB/tas
File:u:sweeney/agenda
Doc:ossboard. 099
THE EFFORT ALWAYS MATTERS ~'. /q..
10:15 561-243-7018 OLD SCHOOL SQUARE PAGE 02
Old School Square
New Board Members
Subject to Ratification by the City Commission
January 13, 1999
Ms. Jestena Boughton
Mrs. Pat Healy Golembe
Mrs. Pat Jones
Mrs. Janet Onnen
Mr. Donald Robinson
Mr. W. Tunstall Searcey
Mr. Mark Templeton
Mrs. Nancy Touhey
01/14/1999 10:~5 56L-243-70L8 OLD SCHOOL SQUARE
FAX COVER PAG
Old
the intended recipient, please call the sender at
(561) 243-7922
TO: Mr. Robert Barcmski
JAN 1 zt 1999
OF: Assistant City Manager, City of Delray Beach
FAX #: 243-7166
FROM· Torrey Everett Date: January 14, 1999
No. of Pages, including this page: 5
Attached are a list of new OSS Board Members for ratification by the City
Commission, and an agreement between the CRA, OSS and the City for
Commission approval Tuesday night. Bob Chapin has the original, and will
execute it today and deliver it to your office.
I:IT¥ OF DELRI:IY BEI:II:H
CITY ATTORNEY'S OFFICE TM
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
MEMO~NDUM
~ DATE' January 13, 1999
AIl.~ca Ci~
,o:
~993 FROM: Susan A. Ruby, City Attorney
SUBJECT: Agreement Between City of Delray Beach (City), Community
Redevelopment Agency (CRA) and Old School Square, Inc. (OSS),
Regarding Repay Line of Credit Agreement of July 1992
This agreement replaces the Line of Credit and Guarantee Agreement previously entered
into by the parties and substitutes the CRA as as the entity obligated to pay the City the
money previously extended by the City to Old School Square. The CRA approved the
above agreement December 17, 1998. Old School Square will consider the agreement at
an upcoming meeting.
The CRA declined to adopt a change recommended by our office that a failure to make
the payment by the date on the agreement in any year would result in an automatic
deduction from the Tax Increment Revenues (TIFS) for the next year. The CRA Board
apparently felt that because the TIFS are remitted directly to the CRA, the automatic
deduction was problematic. However, the City can always enforce the agreement for
payment, if necessary.
The agreement before you provides that the CRA will relieve OSS of the obligation to
the City and the CRA will have the primary obligation to pay to the City over a period of
ten (10) years, $30,027.00 annually, without interest, with the first installment bbing due
upon the date of this agreement. Subsequent installments shall be due on January 15th of
each year, commencing with the year 2000 and ending in the year 2008.
By copy of this memorandum to David Harden, City Manager, our office requests that
this agreement be placed on the January 19, 1999 City Commission agenda for
consideration.
cc: David ~Iarden, City Manager
Alison Harty, City Clerk
Joe Safford, Finance Director
Chris Brown, Director, CRA
John Weaver, Chairman, CRA
Robert Chapin, Old School Square, Inc. r:~. ~3.
AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY AND OLD SCHOOL SQUARE, INC.
This agreement, made and entered into at Delra¥ Beach, Florida, on the day
of ,1999, by and between the City of Delray Beach, a Florida municipal
corporation (herein called "City"), and the Delray Beach Community Redevelopment Agency, a
political subdivision established pursuant to Florida Statute, Section 163, Part III (herein call
"CRA"), and Old School Square, Inc., a Florida not-for-profit corporation (herein called "OSS")
WITNESSETH
WHEREAS, the City and OSS entered into a Line of Credit Agreement on the 20th of
July, 1992, ("LOC"), whereby the City provided a line of credit in the amount of $435,000 in
order for OSS to make improvements on their facility; and
WHEREAS, the City and the CRA entered into a Guarantee of Repayment of Line of
Credit on the 20th of July, 1992, whereby the CRA w?uld make payments of principal and
interest on behalf of OSS in the event that OSS could not make such payments and are called
upon to make such payments; and
WHEREAS, OSS has made principal and interest payments to the City, and the CRA
has made principal and interest payments to the City on behalf of OSS, and as of the date of this
agreement the outstanding principal balance of the Line of Credit amounts to $3~0,268.24; and
Wlq-EREAS, the City continues to support the principal and goals of redevelopment and
providing for its citizens a cultural center of outstanding quality; and
WFIF, REAS, the CRA continues to support the principal and goals of redevelopment as
described in its Redevelopment Plan, more specifically, the Old School Square Cultural Center
program; and
WHEREAS OSS continues to provide community cultural services deemed to enhance
the quality of life for the residents of Delray Beach;
NOW, TFI-F~REFORE, TH-F. PARTIES HF~RETO, IN CONSIDERATION OF TFLX'.
MUTUAL COVENANTS, STIPULATIONS AND AGREEMENTS HEREIN
CONTAINED DO MUTUALLY AGREE AS FOLLOWS: '
1. The recitations set forth above are true and correct and are incorporated herein by
reference.
2. The above mentioned agreements cited above shall be considered terminated by
all parties and replaced by this agreement.
3. The LOC Agreement between the City, CRA and OSS is hereby terminated and
OSS is released fi.om any further liability thereunder.
4. The CRA agrees to pay to the City the balance of the principal outstanding, in the
amount of $300,268.24 paid in equal installments over a period often years, or
$30,027.00 annually. The first installment shall be due and payable on the date of
this agreement and subsequent installments shall be due on January 15 of each
year, commencing with the year 2000 and ending the year 2008. No interest has
been charged on the Line of Credit established by the CITY and OSS and any
claim for such is hereby waived by the City.
5. This agreement shall be binding upon, inure to the benefit of, the permitted
successors and assigns of the parties hereto. ,
6. Any notice which any party hereto may desire may be required to give any other
parties shall be in writing, and the mailing hereof by certified or equivalent mail,
postage prepaid, return receipt requested to the respective addresses of the parties
set forth below, or to such other place as any party hereto made by notice in
writing designate for itself, shall constitute service and notice hereunder two (2)
business days alter the mailing thereof}
To the City: City of Delray Beach
100 N. W. 1 st Avenue
Delray Beach, FL 33444
To the CRA: Community Redevelopment Agency
24 N. Swinton Avenue
Delray Beach, FL 33444
To OSS: Old School Square, Inc.
51 N. Swinton Avenue
Delray Beach, FL 33444
Any such notice may be served by personal delivery thereof to the other party,
which delivery shall constitute service of notice hereunder on the date of such
delivery.
7. This agreement, including any exhibits, constitutes the entire agreement and
understanding of the parties and supersedes all offers, negotiations, and other
agreements. There are not representations or understandings of, any kind not set
forth herein. Any amendments to said agreements must be in writing and
executed by all parties.
IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date
first above written.
ATTEST CITY OF DELRAY BEACH
By:
City Clerk Jay Alperin, Mayor
Approved as to Form and Legal
Sufficiency:
City Attorney
TA~ COMMId~Y REDUVELOPMENT AGENCY
e~:reta J~hn'We , ~h~ir~n I -
Approved as to Form and Legal
Sufficiency:
WITNESSES OLD SCHOOL SQUARE, INC.
By:
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. OLD SCHO0~ SOUARE DEBT TO THE CITY: Consider a request
from Old School Square, Inc. for the City to forgive the balance
of Old School Square's indebtedness under the 1992 line of credit
agreement.
The City Manager stated he had outlined in his backup
memorandum a number of alternatives the Commission might take in
responding to this request and what their impact would be on the
City. One of the possibilities is getting with the Community
Redevelopment Agency about them assuming this responsibility.
Unfortunately, the CRA Executive Director is away on.vacation and
the CRA Chairman is recovering from surgery so neither One of
them could be here this evening. The City Manager further stated
that his greatest concern if the City were to do an outright
forgiveness of the debt would be that we would have to absorb
this additional item as a direct expense to the budget of some
$300,000. However, there are a variety of other ways of dealing
with it that would be less impacting.
Mr. Egan stated he supports the City Manager's recom-
mendation that the CRA step up and assume responsibility for the
debt. He felt something could be worked out to everyone's
satisfaction and offered to be involved in the meetings to
develop an acceptable plan.
Mr. Ellingsworth felt that the Old School Square was
probably the catalyst for a lot of the development that has
occurred downtown and has played a significant role in increasing
the income to the CRA. He concurred that the City Manager's
recommendation to work something out with the CRA would be an
appropriate solution.
Mayor Alperin commented that while he would be reluc-
tant to forgive the debt, he would be willing to turn the respon-
sibility for it over to the CRA provided an acceptable arrange-
ment can be worked out that will not be an undue financial burden
on the CRA. He felt the discussions need to be left open for
whatever options might exist instead of walking in with a prede-
termined course of action.
It was the consensus of the City Commission to have Mr.
Egan serve as the City Commission liaision to any discussions,
with direction to the City Manager to arrange the necessary
meetings with Old School Square and the Community Redevelopment
Agency. The main point is that while the Commission is not
absolving the responsibility, they are willing to consider
transfer of the obligation if a satisfory arrangement can be
reached.
-4- 07/21/98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~
SUBJECT: AGENDA ITEM# q X' - MEETFNG OF JULY 21, 1998
OLD SCHOOL SQUARE REQUEST FOR DEBT FORGIVENESS
DATE: JULY 17, 1998
In 1992 Old School Square borrowed $435,000 from the City to pay pa~ of the cost of
renovating the Crest Theater. The principal balance of this loan is now $306,560.80. The
repayment schedule calls for the loan to be paid off on June 1, 2007. One of the
conditions of this loan was that its repayment be guaranteed by the CRA. Copies of the
agreements between the City, Old School Square and the CRA are attached.
Recently, we received the attached letter from Old School Square requesting that the City
forgive the outstanding balance on their loan. While the present board at Old School
Square has been extremely successful at strengthening the financial position of Old
School Square and raising money to complete the renovation of the buildings, they have
encountered great donor resistance to the idea of contributing money to reduce the
indebtedness to the City. Therefore, the debt service payments restrict the ability of Old
School Square to serve the community as they would like.
Also attached is a memo from the Finance Director which outlines various methods of
responding to this request. A fifth alternative would be to forgive the debt over a ten year
period, subject to annual approval by the City Commission based on satisfactory
operation by Old School Square. This method would reduce the expense to the City's
budget to $30, 656 annually.
I recommend that the City ask the CRA to assume responsibility for the debt service on
this debt. At the proposed millage of 7.75, the City's tax increment payment to the CRA
will increase from $610,440 this year to $860,750 next year, far more than the CRA had
been projecting. In my opinion, Old School Square has played a significant role in the
increased value of taxable property in the CRA district, so it would be very appropriate
for the CRA to make these payments, even though they are not obliged to do so at this
point.
Memo.JuL21 .doc
[lTV (IF I]ELRRV BEI:I[H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ° (561) 243-7000
MKMO DUM
'¢ TO: David T. Harden
993 City Manager
FROM: ~)'/Robert A. Barcinski
"" Assistant City Manager
DATE: January 13, 1999
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
JANUARY 19, 1999 LEASE RENEWAL - CASON COTTAGE
ACTION
City Commission is requested to approve a lease renewal for ten (10) years with the
Delray Beach Historical Society for the Cason Cottage Property.
BACKGROUND
The City has been requested to approve a lease renewal with the Delray Beach
Historical Society for another ten (10) year period for the Cason Cottage property. The
Historical Society operates the facility as a museum and office. The proposed
agreement is essentially the same as the agreement first entered into in 1988. One
change was added that clarifies that the Historical Society will be responsible for
payment of Stormwater Assessment fees and Solid Waste Authority fees.
RECOMMENDATION
Staff recommends approval of the proposed ten (10) year lease with the Delray Beach
Historical Society for the Cason Cottage property.
RAB/tas
Attachments
File:u:sweeney/agenda
Doc:O11399A.DOC
THE EFFORT ALWAYS MATTERS ~:~. ~_...
Pr/riled on Recycled Paper
delray bea¢l~
nistorical society
Mr. Bob Barcinski DE C 1 z~ 1998
Delray Beach City Ha~ ,~ ~ ~; .~ , ~
Defray Beac~ ~ 33444
De~ Bob:
Mary Swinford asked that I write this letter of confirmation to you. As Mary discussed
with you, the Dekay Beach Historical Society intends to renew our lease for Cason
Cottage Museum with the City.
As a formality, the Board of Governors will vote on the lease renewal at our December
14th meeting. Immediately after the meeting, we will proceed with signing the lease.
Sincerely,
Dorothy Patterson
Archivist
cc: City attorney's office
Attention: Susan Ruby and Jay Jambeck
Mary Swinford, Director DBHS
Cason Cottage Museum (Office), Five Northeast First Street · Delray Beach, FL 33444
CornellArchives Room, Corner Atlantic & Swinton Avenues
Office (561) 243-0223 · Fax (561) 243-1062 · Archives (561) 274~9578
[lTV OF DELRrI¥ BErlI:H
CiTY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
, nuar ,,,,999
1993
TO: City Commission
David T. Harden, City Manager
FROM: Jay T. Jambeck, Assistant City Attomey~
SUBJECT: Renewal of Lease Agreement for Cason Cottage.
The attached agreement renews a lease between the City and the Delray Beach
Historical Society for the property known as Cason Cottage. The Historical Society
maintains a museum on the property which provides the public insight into the history of
Delray Beach and its environs. In addition, the Historical Society's office is located on
the property.
The original lease was executed in 1988 and was for a ten-year period, with an
option to renew for another ten-year term. The attached lease is the renewal and the
terms have been altered only slightly from the original. At the expiration of the term of
the attached lease, the parties may determine whether or not to continue the leasing
arrangement.
It is requested that this item be placed on the agenda for the January 19, 1999
City Commission meeting.
cc: Bob Barcinski, Assistam City Manager
Alison MacGregor Harty, City Clerk
Joseph M. Safford, Finance Director
Susan Ruby, City Attorney
Karen M. Schell, Accouming Assistant
Cason-memo.jtj.doc
RENEWAL OF LEASE AGREEMENT FOR CASON COTTAGE
THIS LEASE, made this day of , 19 , by and
between the CITY OF DELRAY BEACH, a municipal corporation, hereinafter referred to as
the "Lessor", and the DELRAY BEACH HISTORICAL SOCIETY, jointly and severally,
hereinafter referred to as the "Lessee".
WHEREAS, Lessee is an organization dedicated to the promotion and appreciation of
the history of the Delray Beach area and its environs; and
WHEREAS, Lessee currently utilizes the property known as the "Cason Cottage" for a
museum and offices; and
WHEREAS, Lessor and Lessee had previously entered into a ten (10) year lease for the
property which expired upon July 25, 1998 and which provided for renewal of the lease upon
the express written consent of the parties; and
WHEREAS, Lessee's Board of Directors has voted to renew the lease.
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the mutual
covenants and conditions contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
That, subject to the terms and conditions hereinafter set out, the lessor hereby lets and
leases unto the Lessee that land and the building and improvements thereon known as the
"Cason Cottage", in the City of Delray Beach, Florida, and which property is more
particularly described on Schedule A attached hereto and made a part hereof.
1. Term and Rental. The term of this lease shall be ten (10) years from the
day of , 19__, at an annual rental of one dollar ($!.00) payable in advance,
on the first day of each calendar year.
2. Covenants of Lessee. The Lessee hereby covenants and agrees:
a. To Pay Rent. That it shall pay the said rent at the time said and in the
manner set out above, except only in the case of fire or other casualty as hereinafter
provided.
b. To Pay Utilities. That it shall promptly pay, to the appropriate billing
entities, all gas, electric, water and telephone charges which may become payable
during the term of this lease for gas, electricity, water and telephone service consumed
on or provided to the leased premises.
c. To Pay Other Charges. That it shall promptly pay stormwater
assessment fees and solid waste authority fees billed to the leased premises.
c. To Keep in Repair and in Good Condition. That it shall keep the leased
premises, excluding the exterior walls, roof and other structural members of the
building including the heating and air-conditioning equipment, in such or better repair
as the same are at the commencement of this lease term or at the renewal hereof,
reasonable wear and tear and damage by fire or other unavoidable casualty excepted. It
is explicitly agreed that the duty of the Lessee under this covenant shall include
furnishing all necessary janitorial and cleaning services, care and maintenance of the
building and any interior renovation or redecoration not involving major structural
changes.
d. Not to Iniure or Deface. That it shall not injure, overload or deface, or
allow to be injured, overloaded or defaced, the premises or any part thereof.
e. Not to Make Unlawful Use. That it shall not make, or allow to be
made, any unlawful, improper or offensive use of the premises which would be
injurious to any person or property, or which would violate the laws of the State of
Florida or of the United States, or any ordinance of the City of Delray Beach, or any
administrative rules or regulations promulgated by the City Manager, or which would
affect or endanger any insurance on said building or increase any premium thereof
which is at all borne by Lessor.
f. Not to Make Alterations. That it shall not make any modifications,
alterations or additions in and to the premises without the advance express written
consent of the Lessor.
g. Not to Assign. That it shall not assign, sublet or otherwise transfer
possession of all or any part of the leased premises without the advance express written
consent of the Lessor.
h. To Permit Lessor to Enter. That it shall allow the Lessor, and the
Lessor reserves the right at all reasonable times, to enter and view the premises and to
make any repairs which it may see fit to make.
i. To Yield up Premises. That at the expiration of the term of this lease, it
shall peaceably yield up to the Lessor the premises and all buildings thereon, in good
repair in all respects, reasonable use and wear and damage by fire and other
unavoidable casualties excepted.
j. To Indemnify Against Accidents and Negligence. That it shall save
harmless, indemnify and defend the Lessor, its officers, employees, and agents, from
and against any and all loss, liability or expense that may be incurred by reason of any
claim or litigation arising out of or in connection with Lessee's occupancy and use of
the leased premises, including, but not limited to, any accident with the appliances and
fixtures installed by the Lessee, or the gas, water or other pipes, or from any damage
or neglect arising from or in any way connected with the use, misuse or abuse of all
utilities or from any neglect in not removing foreign objects from the sidewalks,
grounds, structure, or roof of the building.
k. To Bear Risk for Contents. That all property of any kind, whether
owned by the Lessor or Lessee, that may be on the premises during the duration of this
lease shall be at the sole risk of the Lessee, and that the Lessor shall not be liable to the
Lessee or any other person for injury, loss or damage to property or to any person on
the premises.
1. To Pay Taxes. That it shall pay the real estate and personal property
taxes, if any, assessed upon the premises during the term of this lease as they shall fall
due.
m. To Pay Insurance Premiums for Fire or Casualty. That it shall pay all
premiums on the policies of fire or casualty insurance or both covering said premises
and in such amounts and under such terms as may be required by Lessor.
n. To Carry a General Liability Policy. That it shall carry, or if already in
existence, maintain a general liability insurance policy for the premises covered by this
lease.
o. No Waiver. That no assent, expressed or implied, by the Lessor to any
breach of any of the Lessee's covenants shall be deemed to be a waiver of any
succeeding breach of the same or other covenants.
p. Pest Control. Regular pest control service shall be the financial
responsibility of the Lessee, but the Lessor reserves the right to designate and retain the
pest control service for performing this function.
q. Lighted Sign. A lighted identification sign shall be erected, or if already
in existence, shall be maintained, that lists both the Lessor and the Lessee's' names,
and identifies the subject structure. All exterior improvements, painting, or any other
identification signs or markings shall be provided only in accordance with the
applicable City of Delray Beach Code of Ordinances and with the advance express
approval of the City Manager or his/her designee.
3. Covenants of Lessor. The Lessor hereby covenants and agrees:
a. Quiet Enjoyment. That the Lessee shall peaceably hold and enjoy the
leased premises.
b. Fixtures. That it shall allow the Lessee to install such fixtures and
appliances as may be necessary for the proper conduct of its business, and, at the
expiration of the term of this lease, that it shall allow the Lessee a reasonable length of
time to remove any and all such fixtures which may be movable and which are owned
by the Lessee.
4. Fire or Other Unavoidable Casualty. In case the premises or any part thereof
shall at any time during the term of this lease be destroyed or damaged by fire, act of God or
other causes beyond the control of the Lessor and through no fault or neglect on the part of the
Lessor, then the Lessor shall be under no obligation to repair or re-erect the leased structure.
If the condition of the leased premises should be so rendered unsuitable by the foregoing
causes, either party to this lease agreement shall have the option to cancel this lease.
5. Right of Reentry. If the Lessee shall neglect or fail to perform any of its
covenants, and including if any yearly installment of rent be overdue and unpaid for ten (10)
days, the Lessor may, immediately or at any time thereafter, after ten (10) days' notice, enter
into the premises and repossesses the same as of its former estate and expel the Lessee, but
without prejudice to any remedies which might otherwise be used by the Lessor for arrears of
rent or any other breach of the Lessee's covenants or the waiver of any rights of the Lessor.
6. Notice. Whenever notice is required hereunder, it shall be addressed as follows
until written notice of change of address is given to the other party:
Lessor Lessee
City Manager's Office Cason Cottage Museum
100 N.W. 1st Avenue Five Northeast First Street
Delray Beach, Florida 33444 Delray Beach, Florida 33444
7. Number; Gender. As the context herein may require, the singular shall be
deemed to include the plural, and the masculine shall be deemed to include the feminine and
neuter.
8. Purpose. It is understood and agreed that the Lessee shall use said leased
premises for maintenance of an historical landmark and a museum and other activities
concerning the City of Delray Beach and its environs, in order to preserve such information
and present it to the general public in such a way as to educate and inform the public about the
heritage of the Delray Beach area; provided, however, such use does not violate any of the
provisions or covenants of this lease agreement.
9. Termination. The Lessor does hereby reserve the right to terminate this lease at
any time in the future, either during the initial term or any renewal, upon sixty (60) days
written notice to the Lessee at the address set forth in this lease agreement; provided, however,
that the Lessor agrees that it shall endeavor to make reimbursements to the Lessee for any
costs for capital expenditure additions to the structure, except for regular maintenance or care
items, should the Lessor elect to terminate this lease in advance of the expiration of the ten
(10) year term hereof, except if such termination be for breach of this lease agreement or
violation of or failure to comply with any of the covenants set forth in this lease agreement.
10. Remedies. Mention in this lease of any particular remedy in favor of the Lessor
shall not preclude the Lessor from any other remedy to which it may be entitled.
7
11. Waiver or Modification. None of the covenants and conditions herein shall be
waived or modified except by the Lessor in writing, and no alleged verbal waiver or
modification shall be binding under any circumstances.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this ~ day of ,199
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation,
Lessor
By:
City Clerk Jay Alperin
Mayor
Approved as to form:
City Attorney
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this day of
, 199 by Jay Alperin, as Mayor of the City of Delray Beach, a Florida
municipal corporation, on behalf of the corporation.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
8
DELRAY BEACH HISTORICAL
SOCIETY,
Lessee
By:
Name Printed:
Title:
(SEAL)
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this day of
, 199 by , as of
, a corporation, on behalf
of the corporation.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
9
£1TY I]F [IELIII:IY BER£H
CITY ATTORNEY'S OFFICE ~oo ~ ,~ ^~. ~^~ ~^~,, ~o~,~^ ~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
W~ter's Direct L~e: (561) 243-70~
DELRAY BEACH
F t O R I ~ n
AlI.Ame~a CJ~ MEMO~~
::lli 'lll' [~[: January6, 1999
~ ~% TO: City Co~ission
FROM: R. Brian Shu~, Assistant City Attorney
SUBJECT: Brooks Lane Drainage Improvements - Acceptance of Drainage Easement
and Right of Ent~ A?eement
The City's Engineering Department is planning to upgrade the drainage outfall pipe
along the north side of 1033 Brooks Lane. Mr. Charles Smith has executed the Easement
Deed for the five foot drainage easement and the Right of Entry/License Agreement.
Acquisition of the easement will allow the City to replace the existing pipe. There is
currently no easement on the property, thus the acquisition of an easement is necessary.
At this time, if the City Commission desires, it should accept the five foot easement
from Mr. Smith. The Right of Entry/License Agreement should also be approved.
If you have any questions, please call.
RBS:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
RIGHT OF ENTRY AND LICENSE AGREEMENT
FOR DRAINAGE CONSTRUCTION
PROJECT: Brooks Lane, Rhodes Villa Avenue & White Drive Drainage Improvements
PROJECT NO. 98-001
PARCEL NO. 12-43-46-21 - 15-000-0580
PROPERTY OWNER: Charles A. Smith
1033 Brooks Lane
Delray Beach, Florida 33483
THIS AGREEMENT entered into this ~.~day of ~- 0 ~' o $'-)"~ , 19~'~f, by and
between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter
referred to as CITY), and CHARLES A. SMITH, referred to as (OWNER), provides as
follows:
WHEREAS, the CITY desires to complete stormwater drainage improvements
associated with the above-named project, which is located at the property described below; and,
WHEREAS, the CITY has determined that the improvements are necessary to protect
the public health, safety and welfare; and,
WHEREAS, in order to complete said stormwater drainage construction, it is necessary
for the CITY to enter upon and perform various construction tasks on the following described
property:
See Attached Exhibit "A"
and;
WHEREAS, as part of this project, the CITY will return the disturbed area to like or
better condition than prior to construction.
Page I of 3
NOW, THEREFORE, in witness of the above and in consideration of the CITY
agreeing to conduct the aforesaid restoration, OWNER hereby grants unto the CITY, their
employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon
said land of OWNER for the purpose of constructing the project.
1. The :above-stated recitals are incorporated herein as if fully set forth herein.
2. It is further agreed that the license and rights granted herein shall cease upon
completion and finalization of the contract which said work is performed.
3. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. 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.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
(Name lbrinted db Typed)
STATEOF /~/e t, cd
COUNTY OF ~"""-f~ / ~
..,.~ Theft l:egoing ins.trument v~/as acknowle, dged before me this~~day of
19~' by ~f-,~ ,~-/C./¢ -~ ,/~'-~ i/L~ (name of person--~-cknowledging), w~ho is
personally known to me or who has produced //]" ~/~doc.c~ N/ s identification.
~ublic
FELICIA KLINE
Notary Public. State of New York
Qualified in Erie County 20~ 0
My Commission Expires Mamh 14,
Page 2 of 3
CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST: Jay Alperin, Mayor
City Clerk
Approved as to Form:
/~,~2ity Attorney
smith.a§t
Page 3 of 3
SOUTH,
INCOmaORATED
L A N D S U R V E Y O R S
22jun98
EASEMENT DESCRIPTION
for #1033 Brooks Lane, Delray Beach, FL.
The West 5.00 feet of the following described Parcel of Land:
LOT 58, DELRAY BEACH SHORES, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
Subject to easements, restrictions, reservations, covenants and rights-of-way
of record.
CERTIFICATION
I hereby certify that this Easement Description and Graphic Depiction is true and
correct to the best of my knowledge and belief, based on a field survey
performed ur~:ler my direct supervision on l jun98; and that said Description
and Depicti0~ conforms to the Minimum Technical Standards set forth by the
Florida Boa):d/of Professional Surveyors and Mappers in Chapter 61G17-6,
Florida Ad~.listrative Code Pursuant to Section 472.027, Florida Statutes.
Manuel ~. Guti~rrez
Professional Surveyor & Mapper
Fla. Reg. #4102
Page 1 of 2
Ig~IIBIT "A"
tOt S,B. 6thAvenue · Delray Beach, Florida 33483 · (561)276-7341 · FAX (561)276-7344
25.00'
~ ~
~s. oo'
STA ~ RO~o A- 1
Page 2 of 2
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Altorney's Office
200 N.W. Ist Avenue
Delray Beach, Florida 33444
PC # 12-43~46-2 I- 15°000-0580
EASEMENT DEED
THIS INDENTURE, made this~S-T'~ay of /ar-(/ ~,,c,)~ I , 19~, by and
between CHARLES A. SMITH, with a mailing address of 37 Crown Pt., Willlamsville, NY,
1422 I, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of
100 N.W. Ist Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
Count3 ;. State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipl of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of lhe second part, its successors and assigns, n right of
way and perpetual easement for the purpose of: installntlon and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portiun of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Patty of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS # 1: : PARTY OF THE FIRST PART
(name printed or-~p~d) - Charles A. Smith
WITNESS #2: ,
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me tl~ay
Signature of Notary Public - State
of Florida
Quatlflea in
KRUMM.DED
L A N D $ U R V B Y O R S
'~2]ung8
EAgEMENI' DEgCRIPTION
lot #1033 Brooks Lane, Delray Beach, FL.
The Weal 5.00 feel of the following described Parcel of Land:
LOT 58, DELRAY BEACH SHORES, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
Sublect to easements, realrictlona, maervaliona, covenants and dghta-ol-way
of record,
CERTIFICATION ,,
I hereby certily that this Easement Des~dptlen and Graphic Depk:tion Is tree and
correct to the beet ol my knowledge and belief, based on a Item auwey
pedormed uq~ler my dlmct supervision on 1lungS; end that saki Descdptlen
and Oeplctk)q conforms to the Minimum Technical Standards eel loflh by the
Flotkla Bo§l~ol Pmfesslenal Surveyors and Mappers In Chapter 611317.6,
Florida A~slrallve Code Pursuant to Section 472.027, Flmkia Statutes.
Manuel ,~. Gullarrez
Professional Surveyor & Mapper
Fla. Reg. #;~102
Page 1 gl 2
EXHIBIT
IOi S.B. 6th Avenue · Delrny Beach, Fiorldl S~5483 * (~61) 276-7941 * FAX (S6I) 176-7~44
r-
Platted Lot Line ~ ~ I[ ~
,
~2s.oo'- I l
I
Page 2 of 2
[ITY OF DELRI:I¥ BEI:I[H
CiTY ATTORNEY'SOFFICE ~00 Nw ].st AVFNLT'F.. DF.L~¥ BEAC,, FLOR,DA 33444
TELEPHONE 5 61/2 4 3- 7~i~r'~tffiBiHcL~6 ~ 7 5 5
DELRAY BEACH
~ MEMORANDUM
Ali.America City
! 993 TO: City Commission
FROM: Brian Shutt,, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed from Shuler Memorial Chapel, Inc.
The following Easement Deed grants to the City the means to install a sidewalk over the
northeast corner of Mr. Shuler's property. This is necessary as there is not adequate
room in the right-of-way for the construction of a sidewalk.
By copy of this memorandum to David T. Harden, City Manager, our office requests
that this item be placed on the January 19, 1999 City Commission agenda for
acceptance.
Please call if you have any questions.
RBS:smk
Attachments
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Ron Hoggard, Senior Planner
shusidwk.eas
P~par~d by: RffFURN:
R. Brian Shutt, E~.
City A~tomcy~s O~c~
200 N.W. 1st Avotmo
Dckay Beach, Florida:33444
EASEMENT DEED
., Tills INJDE, NTURJI5o .nlade this ~_ day of ~ . 1998. by and betwee,
.~'~.(/~.~(2,~[~010,(sct~._.._.~ lv~_t~, a mailin~'-~'~ress of~_~ //t/~s/~/~~~,, ~ ~/~.
party el'the first part, ancl'~l~e CITY OF DELRAY BEA(~:with a mailing address of' 100/~I:W. '
1 st Avenue, Delray Beach. Florida 33444, a municipal cOrporation in Palm Beach County, State
of Florida, party of'the second part:
WITNESSETH: That the party of the first part, For and in oonside[ation of the sum'of
Ten (510.00) Dollm's and other good and valuable considerations to it in hand paid by the said
party of the second part, the roveipt of'which is hereby acknowledged, does hereby grant, barg~n,
sell and release unto the party of. the s~cond part. its successors and assigns, a right of way and
perpetual easement for the purpose of~ installation and maintenance of' ~ publi~ sidewalk and/or
instaUation and maintenance of public utilities with full and flee right, liberty, and authority to
enter upon and to install, operate, and maintain such utilities well undvr, across, through and
upon, over, under or within the following described property located in Palm Beach County,
Florida, to-wit:
DESCRIPTIO~
See Exhibit "A"
Concomitant mind coextensive with this right is the further right in th~ party of the second
party, its successors and assigns, of ingress and egress over and on that portion of'land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of' any and all
mortgages or liens encumbering this easeme~t. The party of the first part also agrees to erect no
building or etrec~ any other kind of construction or improvements upon the above-described
property.
It is understood that upon completion of'tach installstion, all lands disturbed thereby as a
remit of such installation or spoilage deposited thereon, will be restored to its original condition
or better witl~out eFpense to the property owner.
Party of the first part does hereby fully warrant the title to said land a,d will delbnd the
same against the I~twful claims of all persons whomsoever claimed by, through or under it, that it
bas good right and lawCul authority to grant the above-described easement and that the same is
unencumbered. Where the context of' this Easement Deed allows or permits, the Same shall
include the succ¢~:~ors or assigns of' the parfi~s.
.IN WITNESS WHEREOF, the parties to this Ea~ment Deed set their hands and seats the
day and year first above written.
WITNESS ~'1:. ~ /,-ff t~''')- PARTY OF THE FIRST PART
(name prin~ed or typed)
(name printed or typed)
STATE OF FLORIDA
co _n, rrv
Ih,~.. regoing instrum,~t was a~nowl~lg.ed befiam m~ this '~ day of ~ ,
1998 by.~ ~ k~ ~,]ea {b~_d_~ H~She is pers~n~ly ~ox~ to me or ~as
p~dt,ced ~~~ ~ ~ ~ id~tificatbn.~ ~ ~
$ignatU~ of Nota~ Pu~i~ - S~te /
orFIorida
2 ;(,,~ ?..,,, , , ........ ~ ccs~
SKETCH OF DESCRIPTION
~.NO~tTrl Lmr~ ~o¢~ ~
eL~K ~3 ~ NOTES:
' ~ THIS IS NOT ~ SURVEY
~ C NTERLINE
~1 TO BEAR N. 90'OO'OO"E.
' I
DES CRIP T/ON:
A PORTION OF, BLOCK 1~, TOWN OF L~TON
(NOW DELRA Y BEACH), ACCORDING TO THE'
PLA T THEREOF AS RECORDED ~ PLA ~ ~OOK
1, PA~E 3 (SHEET 2) PU~LIC RECORDS OF
PALM BEACH COUNT)', FLORIDA, QE~CR~ED
AS FOLLOWS: EXH~IT
COMMENCE AT THE NORTHEAST GORNER OF "
THE EAST LINE OF S~ BLOCK 1~, A DISTANCE
EAET LINE, A OISTANCE OF 24.63 FEET; THENCE 9~R.AND M~ER
~45~25'35"W., A D/STANCE OF ~5.09 FEET TO
A POINT ON A LINE 20.0 FEET SOUTH AND ·
PARALLEL TO THE NORTH LINE OF SAID 8LOCK o4~:~~"~' .:
~; THENOE N, 90~O0'O0~., ALONO BAlD PARALLEL I ~ ~ ~ ~ '_
UN~ A ~/STANOE O~ 2~.~ ~EETTO THE POINT I~~
[lTV JIF I]ELRRV BER[H
CITY ATTORNEY'S OFFICE ~oo ~w ~ ^~. ~.^~ ~^~., ~o.~^ ~..
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
l~[l[~llll! DATE: January 4, 1999
1993 TO: City Conunission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Right-of-Way Dedication on Don Francisco Way
Don Francisco Way currently passes through the north end of the subject property by
way of a 25' road easement. The owner of the subject parcel is in the process of
developing this land. As a condition of approval of the site plan, the owner was required
to provide a right-of-way deed for the 25' road easement. The attached deed provides
the 25' right-of-way for Don Francisco Way.
By copy of this memorandum to David Harden, City Manager, our office requests that
this Right-of-Way deed be placed on the City Commission January 19, 1999 agenda for
acceptance.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Janet Meeks, Senior Planner
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE made this 2-L day of Oc~o~.~- , 1998, between
L4q/.,,~ ~ fL ..... ~. .~.~ r~ ...... ~ ,withamailingaddressof /~/8 ,q,^~,~,~_ t~t,~_
~B~i~¢,~, 7q~ ;~3 tt~ ~' , as party of the fu'st part and CITY OF DELRAY
ACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the sum of One Dollar
($1.00) and other valuable considerations paid, receipt of which is hereby aeknowiedged, does
hereby grant, remise, release, quit claim and convey unto the party of the second part, its
successors and assigns, all right, title, interest, claim and demand which the party of the first part
has in and to the following-described land, situate, lying and being in the County of Palm Beach,
State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the
second part, its successors and assigns, a right-of-way and easement in and to said lands for
public highway, street, and public utility purposes; and is made, executed and delivered with the
express understanding and condition that should the same ever be discontinued or abandoned as a
public highway or street, the title to same shall thereupon revert to and revest in the party of the
first part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservatioa of record. That the party of the first part agree to provide for the release of any and
ail mortgages or liens encumbering this right-of-way. The party of the fu'st part also agree to
erect no building or effect any other kind of construction or improvements upon the above-
described property.
Party of the first part does hereby fully warrant the title to said land and will
defend the same against the lawful claims of all persons whomsoever claimed by, through or
under it, that it has good right and lawful authority to g.r..m3t the_ above~eseribed right-of-way and
that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits,
the same shall include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, be?efit, and behoof of the said party of the second part, its successors and
assigns.
IN WITNESS WHEREOF, said party of the fn*st part has hereunto set their hand
and seal the date first above written.
Signed, sealed and delivered P~RTY O~*-~I~RST PART
(Name printed or typed) (Name printed or typed)
(Name printed or typed)
STATE OF ~11~ il ~ (~
COUNTY OF ~
--' The foregoing instrumvat was acknowledged ~fore me ~s~ day of
C-~,~, 1998, ~,~,~m~/~,. ~ ~ho is person~ly ~
to me or h~ pro~.~'~. S ~. / /~dentifi~t~ ~ '
= ' ' = Signa~e of No~ Public - S~te of Florida
N.W. 1st STREET (N.W.' DON FRANCISCO WAY)
159.55
120' o
I 60 .... 459.52. ~185"
SOU~ LINE N~/~ or S.1/~'OF N.E.1/4 OF SEC~ "18/~/~
ROAD EASEMENT DESCRIP~ON:
A PARCEL OF LAND IN SEC~ON 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST BEING
THE NORTH 25 FEET OF THE FOLLO~NG DESCRIBED PARCEb
ALL THAT PART OF THE WEST 500 FEET OF THE EAST 620 FEET OF THE WEST
FIVE EIGHTHS (W.5/8) OF THE NORTH HALF (N. 1/2) OF THE SOUTH QUARTER
(S.1/4) OF THE NORTHEAST QUARTER (N.E. 1/4) OF SEC~ON 18, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, L~NG EAST OF THE
RIGHT OF WAY OF CONGRESS AVENUE, LESS THE SOUTH 185 FEET THEREOF.
RD_EASMT.DWG SHEET 1 OF
scale 1" = 40' ISHEREMETA ASSOCIATES, lNG
do . .2/./.. EXHIBIT "A" j co, ,.c
Jol0 no, 90155.004 lena I~t~nln9 ·
~'_~ ~:~,.;-':-~
~: ~27.~:~' ~..i
[ITY OF DELRI:I¥ BEI:IEH
CITY ATTORNEY'S OFFICE ~00 ,,,w., ^..,,~,~,~,~. ,~,~,.,,^,. ,,,~^~,,, ,~.0,~,~,^ ~444
TELEPHONE 561/243-7090" FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
I~11~1111' DATE: January4, 1999
1993 TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Agreement for Sidewalk Improvements on Don Francisco Way
The attached agreement is between the City and William Bowman, the owner of the
subject property, to allow the waiver of the requirement to construct sidewalks in
conjunction with the new development until such time as the City requests the Owner to
construct the sidewalk. If the City requires the sidewalk to be constructed along Don
Francisco Way, the Owner shall do this at his sole cost and expense, in accordance with
all current ordinances of the City of Delray Beach. This Agreement shall mn with the
land and be binding on the parties' heirs, assigns and successors.
By copy of this memorandum to David Harden, City Manager, our office requests that
this Agreement be placed on the City Commission January 19, 1999 agenda for
approval.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Janet Meeks, Senior Planner
bowmllagt, corn
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THiS AGREEMENT entered into this ~{? day of. ~' ~).a~/~j. , /?c]f,
between the City o{~ Delray Beach (hereinafter' the City) and l..(,/.'~.-/.~-:. ~' '~;)-
(hereinafter the Owner), fo~' the purpose of waiving the requirement of the installation of a
sidewalk along O,"q [}.o,.~,.~,.. ~.c.;~.,,.,/ S,reet until such time as the City requests the
construction o£ tee sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of
a sidewalk, within the [)0t~ ['[.q ,, ,'3;:~&.~,...,Strcet right-of-way inunediately abutting the subject
/
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, at the meeting of tbt' Site Plan Review and Appearance Board of
· -ic~.a't..L g'4't t'}q ~ the board decided to grant a waiver from the
requiremeut of the installation of a sidewalk pursuant to Land Development Regulation Section
6.1.3(D)(l)(b); and,
WHEREAS, in order to provide conformity along the street the City Co~mnission voted
to waive the ~'equirement for the installation of a sidewalk until such time as 'the City requests
the Owner construct the sidewalk.
W ITN ESSETII
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing
to waive the requirement fbr the installation of a sidewalk, at this time, for the property
located at:
(inset! legal description)
1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along
the 0,,~.~ ~,.~c,. /~J~ Street right-of-way abutting the subject property, within a time
/
period that is acceptable to the City, after being requested to do so by the City. The sidewalk,
when constructed, s. hall meet all of the current ordinances of the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Pahn Beach COunty, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
~dayof ~ , /?,/~n~·
~¢e or p~in~e)/
(Please type or print na~M)
STATE OF FLORIiSA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 30 day of
an individual
July , 1998 WILLIAM E. ROW~A~ .TI~ ~s~ .............
p! .... lly
2
to me or has prods,ced (type of identification) as identification and
did/did not take an oath.
Signature of Notary(]~ublic - Debra J. Gearhart:
State of Florida
(SEAL)
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and sufficiency:
~,~,..City Attorney
sidewkim.frm
EXIHIBIT "A"
LEGAL DESCRIPTION
The West 100 feet of the East 120 feet of the West five eights (W. 518) of the North
Half (N. ~/~) of the South Quarter (S. %) of the Northeast Quarter (N.E. %) of Section
18, Township 46 South, Range 43 East, Palm Beach County, Florida. Said parcel
subject to a road easement over the North 25 feet thereof.
[ITY JIF DELAI:IY BEI:I[H
CiTY ATTORNEY'S OFFICE .w
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7091
lll.~rica Ci~ MEMO~D~
~ 993 TO: City Co~ission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed from CFBC, L.C.
The following Easement Deed grants to the City the right to maintain a 5-foot easement
along the west side of the property adjacent to N.W. 1st Avenue. This easement is
necessary in order to allow the City to maintain a sidewalk that will be installed in this
area. When the City performs any maintenance or construction within the easement, the
City will have to restore the property to its original condition.
By copy of this memorandum to David T. Harden, City Manager, our office requests
that this item be placed on the January 19, 1999 City Commission agenda for
acceptance.
Please call if you have any questions.
RBS:smk
Attachments
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Janet Meeks, Senior Planner
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Offi,ce
200 N.W. Ist Avenu'e
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE..made this. ~ day of ~,~ , 19~, by and between
Cg~r..,)t.,~ ~ ~,-,¥t~ h~ ~}'[h a ~rr~m~ng address of ~ (~,E, (trlr~ ~.xe...~ ,
party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. 1 st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County,
State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($I0.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of a public
sidewalk and/or installation and maintenance of public utilities with full and free right, liberty,
and authority to enter upon and to install, operate, and maintain such utilities or sidewalk well
under, across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or effect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without ex, pense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year' lirst above written.
WITNESS # 1: PARTY OF THE FIRST PART
~ BY: ~t~:r~q_~
Print
(name printed or typed)
(address) .~,~ ~,,oC~_~
(name printed or typed)
STATE OF FLORIDA
.,~he foregoing insbsument was acknowledged,before me this ~ day of
~ , 199_~by ~1~~ ~'~~~ He~~ersona~
~~ to me 6) has produced as identification.
~~otau ~blic - State
of Florida
e~ment.frm ~*'~ R OSL~ D~$ER ~
2
[ITY JIF I]ELRI:IY BEA[H
CiTY ATTORNEY'S OFFICE .,v
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7091
DELRAY BEACH
Ali. America City MEMORANDUM
1993 TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Limited Access Easement from CFBC, L.C.
The following Limited Access Easement Agreement provides for a limited access
easement along the north side of the property adjacent to N.W. 2"a Street. Pursuant to
Section 4.3.4(E)(3) of the LDR's, the frontage of a lot will be on the side adjacent to an
arterial or collector street. Northwest 2® Street is a collector street. Due to the
landscape setback requirements and the configuration of the lot, it is impracticable to
have frontage on N.W. 2® Street. By having a limited access easement on N.W. 2®
Street, frontage of the property shall then be on N.W. 1st Avenue pursuant to LDR
Section 4.3.4(E)(4).
By copy of this memorandum to David T. Harden, City Manager, our office requests
that this item be placed on the January 19, 1999 City Commission agenda for
acceptance.
Please call if you have any questions.
RBS:smk
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Janet Meeks, Senior Planner
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. Ist Avenue1
Delray Beach, Florida 33444
LIMITED ACCESS EASEMENT AGREEMENT
This Limited Access Easement Agreement, made this .~- day of .~~. , 199~, by
and between C_Az I~-..,, L.¢. ~ \L~22~-~Ze~,?~,~I-[ with a mm ~ng
'1 address of
\\ %~,_ ~,%Y,, A~,, ~xxxv~'~/~"r~(d the CITY OF DELRAY BEACH, with a
mailing address of 10b N.W. list Avenue, Delray Beach, Florida 33444, a municipal corporation
in Palm Beach County, State of Florida:
WHEREAS, Section 4.3.4(E)(3) of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach requires frontage to be on the side of a lot that is adjacent
to an arterial or collector street; and
WHEREAS, N.E. 2"d Street is a City Collector Street; and
WHEREAS, frontage on N.E. 2"d Street is impracticable in this case due to thc size of the
lot and set back requirements; and
WHEREAS, Section 4.3.4(E)(4) provides if a limited access easement runs the length of
the frontage on a street, then the front of the lot shall be on a frontage without such access
limitations; and
WHEREAS, the property owner wishes to have a limited access easement agreement over
the side of the lot adjacent to N.E. 2"a Street in order to have frontage on N.W. 1~t Avenue.
NOW, THEREFORE, in consideration of $10.00 and other valuable consideration, receipt
and adequacy and sufficiency of which is hereby acknowledged, the parties intending to be
legally bound, do hereby agree as follows: ~
1. That the recitals heretofore set forth are true and accurate and incorporated herein by
reference.
2. That the Limited Access Easement is needed so that the frontage of the property
described in Exhibit "A' will be on N.W. !"' Avenue.
3. The Lirhited Access Easement covers the area described in Exhibit "B".
4. Property Owner and City agree that this Limited Access Easement Agreement shall
be recorded in the Public Records of Palm Beach County, Florida and shall run with the land.
The Limited Access Easement granted herein shall not be transferred, assigned, sold or otherwise
conveyed except in conjunction with the transfer or sale of the subject property.
5. This agreement shall be construed and governed in accordance with the laws of the
State of Florida and in the event of any litigation hereunder, the venue for any such litigation,
shall be in Palm Beach County, Florida. All of the parties to this agreement have participated
fully in the negotiation and preparation hereof and, accordingly, this agreement shall not be more
strictly construed against any one of the parties hereto.
6. This agreement may not be changed, altered or modified except in writing signed by
both parties. This agreement shall be binding upon the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties to this Limited Access Easement Deed set their
hands and seals the day and year first above written.
..~_ }
~ BYn~
'~e~~ Pri
(name printed or typed) /r/<~'-C -t, ~t/~./ /~.~4~-~? .~~ /
(address) ~_~,~ '-/,~
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
2
o e foregoin~ instr]3/ment was acknowle~d~ed before me this ._~ day of
, lV9_"~by ,/C.~/6/~/~/) /Tt',q-<~tq[~
r has produced as identification.
1~3 ~,~u,~,o~,~m-, ] ~i~namre df Nota~ ~blic- State
~ ~,~ff ~mt~:~ { t of Florida
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
,4~" City Attorney
limacces.cas
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF JANUARY 19, 1999
CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/REPUBLIC
CONSTRUCTION & DEVELOPMENT CORP. (PARKS DEPARTMENT
EMPLOYEE LOUNGE/TRAINING ROOM)
DATE: JANUARY 13, 1999
This is before the City Commission to approve closeout Change
Order #1 in the net deduct amount of $1,276.00 with Republic
Construction & Development Corp. related to the completion of the
Parks Department's Employee Lounge/Training Room project. The
change order reflects the residual balance on the contingency
allowance.
Final payment in the amount of $13,556.40 is also requested. The
project is complete and all warranty documentation received.
Funding is from 001-4131-572-62.10 (Parks and Recreation -
Buildings).
Recommend approval of closeout Change Order #1 and final payment
to Republic Construction & Development Corp. as outlined above.
ref:agmemo7
Agenda Item No. ~'-..~'-
AGENDA REQUEST
Date: January 8, 1999
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: January 19, 1999
Description of item {who, what, where, how much): Staff request the City Commission
approve a deduct Change Order #1/Final in the amount of $1,276.00, and a final payment in the
amount of $13,556.40, to the constru~ion contract with Republic Construction & Development
Corp. for interior renovations in constructing an Employee Lounge/Training Room at the Parks &
Recreation maintenance facility. Funding is available from the Parks & Recreation / Buildings
account No. 001-4131-572-62.10.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve Change Order #1/Final and
Final Payment, to the construction contract with Republic Construction & Development Corp., for
the interior renovations in constructing an Employee Lo. un, e/Training Room at the Parks &
Recreation maintenance facility. //~ ~ /~~ ~
Department head signature: ~,.,.(~i;J~. //¢"~'"~--~-,~ f'-//- ~ ?
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (~~ on all items involving expenditure of funds):
Funding availabl O
Funding alternatives (if applicable):
Account No. & Description 001-4131-572-62.10; Parks & R,-Lcreation, Buildings
Account Balance ~0~:~0 ~,~5'-~?,SZ..~'j',2. x/'~,~ ~ 0 - ,/,/v',~,/'~'~'
City Manager Review: zz~.~,_.~ Z~-~- /~,. ?~0. ,.~ '
Approved for agenda:/~¢~---~NO
Hold Until: ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\98065~agreq011999
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Victor Majtenyi
Assistant Construction Manager
Date: January 08, 1999
Subject: AGENDA REQUEST for 01/19/99
Parks Dept. Employee Lounge; Change Order #1/Final Payment
Project No. 98-065
Attached is an Agenda Request for City Commission to approve a net deduct Change
Order #1 in the amount of $1,276.00, and a final payment in the amount of $13,556.40
to Republic Construction & Development Corporation for the completion of the Park
Department's Employee Lounge/Training Room project. The project consisted of
converting an existing storage room into a lounge/training room.
The contract award of $26,050.00 for this project included a contingency allowance of
$1,500.00. At the owner's request, a 4"x 24" vision panel was installed on an exterior
emergency exit door at a cost of $224.00. This deduct change order of $1,276.00
reflects the residual balance left on the contingency allowance.
The project is complete and all warranty documentation received. Staff recommends
the City Commission approve Change Order #11Final in the amount of -$1,276.00
(deduct) and final payment in the amount of $'13,556.40 to Republic Construction &
Development Corp. for the Park Department's Employee Lounge project.
Funding is available from P.O.# 570965, account 001-4131-572-62.10.
cc: Joe Weldon; Director of Parks & Recreation
Richard Hasko; Director of E.S.D.
Howard Wight, Deputy Director of Construction
File 98-065 (A)
s\...\98065~agmem011999
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One (1) PROJECT NO. 98-065 DATE: January 8, 1999
PROJECT TITLE: Park Department Employee Loun,qe/Trainin,q Room
TO CONTRACTOR: Republic Construction & Development Corp.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of vadous revisions to the
plans and specifications to the Park Department Employee Lounge Project as outlined below:
Contract Contingency Allowance ........ ($1,500.00)
Less Item #1: Furnish and install 4"x 24" vision panel to new exterior door ............ $224.00
Net Deduct Amount ......... ($1,276.00)
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $26,050.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $26,050.00
COST OF CONSTRUCTION CHANGES THIS ORDER $(1,276.00)
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $24,774.00
PER CENT DECREASE THIS CHANGE ORDER 4.9 %
TOTAL PER CENT DECREASE TO DATE 4.9 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, O CALENDAR DAYS.
.. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered
, ~ ' .~ opinion, accurate; that the pdces quoted are fair and reasonable and in
":' " " proper ratio to the cost of the odginal work contracted for under benefit of
, competitive bidding.
!
CONTRACTOR SIGNATURE (ARCHITECT)
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 001-4131-572-62.10 ($1,276.00)
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH FLORIDA
By its City Commission
RECOMMEND: By:
ENGINEER/DIRECTOR ~,.A¥O[~
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
s:~...~96062\col
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM gK- REGULAR MEETING OF JAAIUARY 19, 1999
CLOSEOUT CHANGE ORDER #2 AND FINAL PAYMENT/INTERCOUNTY
FOUNDATION, INC. (BUCIDA ROAD WATER MAIN AND DRAINAGE
IMPROVEMENTS)
DATE: JANUARY 14, 1999
This is before the City Commission to approve closeout Change
Order #2 in the net deduct amount of $5,626.52 with Intercounty
Foundation, Inc. related to the completion of the Bucida Road
water main and drainage improvements project. The change order
reflects the final plus/minus quantity adjustments and
miscellaneous changes.
Final payment in the amount of $7,452.42 is also requested.
Funding will be from 442-5178-536-63.50 (W&S Renewal and
Replacement - Water Line Upgrades).
Recommend approval of closeout Change Order #2 and final payment
to Intercounty Foundation, Inc. as outlined above.
ref:agmemol0
Agenda Item No.: 8.~ '
AGENDA REQUEST
Date: January 13, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: Jamuary 19, 1999
Description of item (who, what, where, how much): Attached f or Commission approval is an
agenda request for closeout Change Order #2, Final to Intercounty Foundation, Inc. on the above
referenced Project. It is for the final plus/minus quantity adjustments and miscelaneous changes. Change
Order #2 is a net deduct amount of $5,626.52
^ request is also made for final payment in the amount of $7,452.42 to Intercounty Foundation, Inc. A
Contractor Evaluation form is attached for your review.
Funding Source is 442-5178-536-63.50 Bucida Road Water Main.
ORDINANCE/RESOLUTION REQUIRED: YES'DRAFT ATTACHED YES N~
Recommendation: Staff Recommends approval of Change Order #2, Final and Final Payr~eot to
Intercounty Foundation, Inc.
-/
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Reconmmendation (if applicable):
Budget Director Review (r~red on all items involving expenditure of funds):
Funding available: (YES, NO
Funding alternative~-- (if applicable)
Account No. & Description 4~g~ -~-/~ r~.~.~ -~3.~-O ~~ ~,/k~
Account Balance ~ ~. /~ ¢~ ~ y/~/~ ~'~-
/? - 7
City Manager Review: y~/ ~
Approved ~or agenda: NO
Hold Until: ,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen98.doc
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Director of Cons~~~
Date: January 13,1999
Re: Bucida Road Water Main and Drainage Improvements
(Project 98-54)
Final Deduct Change Order and Final Payment)
Attached for Commission approval is an agenda request for closeout Change Order #2
to Intercounty Foundation, Inc. on the above referenced Project. It is for the final
plus/minus quantity adjustments and miscelaneous changes. Change Order #2 is a net
deduct amount of $5,626.52
A request is also made for final payment in the amount of $7,452.42 to Intercounty
Foundation, Inc. A Contractor Evaluation form is attached for your review.
Funding Source is 442-5178-536-63.50 Bucida Road Water Main
98-54A
CITY OF I}ELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2, Final PROJECT NO. 98-54 DATE:
PROJECT TITLE: Bucida Road Water Main and Drainage Improvements
TO CONTRACTOR: Intercounty Foundation, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Provid Final plus/minus quantity adjustments and miscelaneous changes per attached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $104,525.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 15,000.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $119525.00
COST OF CONSTRUCTION CHANGES THIS ORDER -$ 5,626.52
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $113,898.48
PER CENT DECREASE THIS CHANGE ORDER 5.43%
TOTAL PER CENT INCREASE TO DATE 8.97%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate;
that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
IOntercounty Foundation, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is 442-5178-536-63.50 (Bucida Road Water Main)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
for Environmental Services Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~J~
SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF JANUARY 19, 1999
RESOLUTION NO. 6-99
DATE: JANUARY 13, 1999
This is a resolution assessing costs for abatement action
required to remove nuisances on fourteen (14) properties
throughout the City.
The resolution sets forth the actual costs incurred and provides
the mechanism to attach liens against the properties in the event
the assessments remain unpaid.
Recommend approval of Resolution No. 6-99.
ref:naagmemo
RESOLUTION NO. 6-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING TEAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUB
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS o
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the existence
of a nuisance upon certain lots or parcels of land, described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice forty-
two (42) days in the case of violation of Section 100.04 pertaining to
seawalls) they must abate said nuisance, or file a written request for a
hearing to review the decision that a nuisance existed within ten (10)
days from the date of said notice, failing which the City of Delray Beach
would proceed to correct this condition by abating such nuisance, and
that the cost thereof would be levied as an assessment against said
property; and,
Hu~m~AS, =he property owner(s) named in the list attached hereto
and made a part hereof did fail and neglect to abate the nuisance(s)
existing upon their respective lands or to properly request a hearing
pursuant to Section 100.21 and 100.22 within the t~me limits prescribed
in said notice and Chapter 100 of the Code of Ordinances, or if the
property owner(s) did request and receive a hearing, said property
owner(s) failed and/or neglected to abate such nuisance(s) within the
time designated at the hearing wherein a decision was rendered adverse to
the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said nuisance(s) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
s~me nature and to the same extent as the lien for general city taxes and
shall be collectible in the same manner as mortgages and foreclosures are
under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the County
Tax Assessor, notice(s) that the City Commission of the City of Delray
Beach on the has levied an assessment
against said property for the cost of abatement of said nuisance by the
City, and that said assessment is due and payable within thirty (30) days
after the mailing date of said notice of assessment, after which a lien
shall be placed on said property, and interest will accrue at the rate of
8% per annum, plus reasonable attorney's fees and other costs of
collecting said sums. A Notice of Lien shall be mailed, along with the
Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been received
by the City Clerk within thirty (30) days after the mailing date of the
notice of assessment, the City Clerk is hereby directed to record a
certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certified
copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate
of 8%, and collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day
of , 1999.
MAYOR
ATTEST:
City Clerk
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
'PROPERTY DESCRIPTION OWNER ASSESSMENT
OSCEOLA PARK, LOTS 21 & 22, BLOCK 104, PB 3, JIM & JANICE SOODEEN $146.00
P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, 921 SE 2~° AVENUE 70.00 ADM. FEE-
FL DELRAY BEACH, FL 33483
(309 SE 4TM AVENUE) .....
TOWN OF DELRAY, N 1/2 OF LOT 5, BLOCK 30, AMY CHARLOW $59.00
PB I, P 3, PUBLIC RECORDS OF PALM BEACH 125 SW 5TM AVENUE 70.00 ADM. FEE-~
COUNTY, FL DELRAY BEACH, FL 33444
(125 SW 5TM AVENUE)
CARVER SQUARE, LOTS 12 TO 14 INC. & LOT 16, RP! MANAGEMENT CORP $278.00
PB 24, P 11, PUBLIC RECORDS OF PALM BEACH HAMPTON REAL ESTATE, INC. 70.00 ADM. FEE
COUNTY, FL 1300 BAXTER ST. #215
(VAC LOT WEST OF 700 SW 2r~° COURT) CHARLOTE, NC 28204-3053
TOWN OF DELRAY, S 75 FT OF W 135.6 FT OF ATUNE ENTERPRISES, INC. $67.00
BLOCK 39, PB 1, P 3, PUBLIC RECORDS OF PALM 3477 JUPITER BLVD. 70.00 ADM. FEE
BEACH COUNTY, FL PALM BAY, FL 32909-4102
(315 SW 3RO STREET)
OSCEOLA PARK, LOT 19, BLOCK 6, PB 3, P 2, WAYNE E. & ALETHA ROSEKE $59.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL RR 10 BOX 2008 70.00 ADM. FEE
(VAC LOT EAST OF 119 SE 6TM STREET) LAKE CITY, FL 32025-8821
SEC. 9-46-43, N 324.1 FT OF LOT 38 LYG W OF DEE CAR REALTY LTD $49.00
FEDERAL HWY & E OF OLD DIXIE HWY R/W, PB 1, 701 SE 6TM AVENUE #201 70.00 ADM. FEE
P 4, PUBLIC RECORDS OF PALM BEACH COUNTY, DELRAY BEACH, FL 33483
FL
(1900 NORTH FEDERAL HWY)
DELRAY SHORES, LOT 5, BLOCK 7, PB 24, P 233, FT MORTGAGE COMPANY $ 32.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 8001 STEMMONS FWY 70.00 ADM. FEE
(2578 DORSON WAY) DALLAS, TX 7524%4101
DELRAY SHORES IsT ADD, LOT 12, BLOCK 12, PB RON & LYNN GIBBS & $69.00
28, P 2, PUBLIC RECORDS OF PALM BEACH CHARLOTTE VANTINE 70.00 ADM. FEE
COUNTY, FL RT 6 BOX 399-B
(2788 LAKE lDA ROAD) MURPHY, NC 28906-9658
4
Res. No. 6-99
RESUB OF BLOCK 29, DELRAY BEACH, LOTS 28 & CHARLIE TERRY $67.00
29, BLOCK 29, PB 9, P 66, PUBLIC RECORDS OF 39 SW 9TM AVENUE # 3 70.00 ADM. FEE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(95 SW 5TM AVENUE)
TOWN OF DELRAY, LOTS 22 TO 26 INC., BLOCK ALVAN E. MC FORD $77.00
15, PB 13, P 18, PUBLIC RECORDS OF PALM BEACH 17831 NW 47TM AVENUE 70.00 ADM. FEE
COUNTY, FL CAROL CITY, FL 33055
(VAC LOT SOUTH OF 239 SW 7TM AVENUE)
TOWN OF DELRAY, W 55 FT OF LOTS I1 & 12, MARIE QUINCE $ 51.00
BLOCK 23, PB 10, P 69, PUBLIC RECORDS OF PALM 506 SW 14TM AVENUE 70.00 ADM. FEE
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(VAC LOT EAST OF 513 SW 3RD STREET)
TOWN OF DELRAY, LOT 18, BLOCK 23, PB 10, P 69, MATILDA JOHNSON $119.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 225 SW 6TM AVENUE 70.00 ADM. FEE
(225 SW 6TM AVENUE) DELRAY BEACH, FL 33444
TOWN OF DELRAY, LOT 17, BLOCK 23, PB 10, P 69, BERTHA PRESTON $119.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1001 WEST 3RD STREET 70.00 ADM. FEE
(217 SW 6TM AVENUE) RIVERA BEACH, FL 33404-7815
DELRAY SHORES, LOT 1, BLOCK 6, PB 24, P 233, ROY & GERALDINE FARLAND $73.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 728 AVENUE CHAUMONT 70.00 ADM. FEE
(2098 DORSON WAY) DELRAY BEACH, FL 33445
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
Res. No. 6-99
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF JANUARY 19, 1999
RESOLUTION NO. 7-99 (SETTING PUBLIC HEARING DATE FOR
WOODS OF SOUTHRIDGE SPECIAL ASSESSMENT DISTRICT FINAL
ASSESSMENT ROLL)
DATE: JANUARY 15, 1999
The attached resolution will set the public hearing date for
consideration of the Woods of Southridge Special Assessment
District final assessment roll.
At the beginning of 1998, the City Commission declared a necessity
for the improvement of the streets within the Woods of Southridge
subdivision, located on the north side of Linton Boulevard between
S.W. 4th and S.W. 10th Avenues. The Woods of Southridge Special
Assessment District was established through the adoption of
Resolution No. 15-98 on February 17, 1998, in order to defray a
portion of the cost for the roadway improvements. Pursuant to the
agreement between the City and the Woods of Southridge Homeowners
Association, the City would be responsible for one-third of the
cost of improvements while two-thirds of the cost would be
assessed against property owners in the District, a map of which
is attached.
Construction of the road improvements has been completed and a
final accounting of the costs has been made. In accordance with
the requirements of state law and the City's Land Development
Regulations, a final assessment roll has been prepared which will
be considered for adoption at a public hearing scheduled for March
2, 1999. The City Clerk will be mailing notices to the individual
property owners of the hearing and the final assessment amount.
Recommend approval of Resolution No. 7-99 setting a public hearing
date of March 2, 1999, for consideration of the final assessment
roll for the Woods of Southridge Special Assessment District.
ref:agmemol4
RESOLUTION NO. 7-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE
FOR THE PUBLIC HEARING CERTIFYING THE FINAL
ASSESSMENT ROLL FOR THE WOODS OF SOUTHRIDGE SPECIAL
ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND
PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the January 6, 1998 meeting, the City Commission
declared a necessity for the improvement of the streets within the
Woods of Southridge Subdivision through the adoption of Resolution No.
5-98; and
WHEREAS, at a public hearing held on February 17, 1998, the
City Commission certified and adopted the preliminary assessment roll
showing the lots to be assessed and the amount of the assessments for
the Woods of Southridge Special Assessment District; and
WHEREAS, construction of the road improvements within the
Woods of Southridge Special Assessment District has been completed and
a final accounting of the costs has been made; and
WHEREAS, pursuant to the requirements of state law and the
City's Land Development Regulations, a final assessment roll has been
prepared showing the lots to be assessed and the amount of the
assessments; and
WHEREAS, the City Commission must provide notice of the final
assessments and hold a public hearing prior to the final certification
and adoption of the final assessment roll.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a public hearing shall be held on March 2,
1999, at 7:00 p.m. at the Delray Beach City Hall Commission Chambers,
100 N.W. 1st Avenue, Delray Beach, Florida 33444. At the public
hearing, owners of the property to be assessed or any other persons
interested therein may appear before said governing authority and be
heard as to the propriety and advisability of adopting such final
assessment roll.
Section 2. That the City Clerk shall mail notice of the
public hearing to each property owner listed in the final assessment
roll
Section 3. That the City Clerk shall publish notice of the
public hearing in a newspaper of general circulation within the county.
Section 4. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 19th day of
January, 1999.
ATTEST: AfO
R
~ity Cl~rk !
- 2 - Res. No. 7-99
I I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY blANAGER~
SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF JANUARY 19, 1999
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JANUARY 14, 1999
Attached is the Report of Appealable Land Use Items for the
period January 4th through January 15, 1999. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated.
Receive and file the report as appropriate.
ref:apagmemo
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND Z(~ilNG~
SUBJECT: MEETING OF JANUARY 19, 1999 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JANUARY 4,
1999 THRU JANUARY 15, 1999
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of January 4,
1999 through January 15, 1999.
This is the method of informing the City Commission of the land use actions,
taken by designated Boards, which may be appealed by the City Commission.
After this meeting, the appeal period shall expire (unless the 10 day minimum
has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
No Regular meeting of the Board was held during this period.
A. Approved (5 to 1, Branning dissenting), a free standing sign for Executive
Motor Cars, located at the southwest corner of South Federal Highway and
Avenue F.
City Commission Documentation
Appealable Items Meeting of January 19, 1999
Page 2
B. Approved (6 to 0, Shutt absent), a request for a color change for Azalea
House Apartments, located on the east side of NE 8th Avenue, north of
George Bush Boulevard (1021 NE 8th Avenue).
C. Approved (6 to 0), a request for a color change for Life Care Services Office
Building, located within Deiray Park of Commerce at the northeast corner of
Lake Ida Road and Congress Avenue.
D. Approved (6 to 0), the site plan and landscape plan for The Estuary, a
proposed 82-unit townhouse development, located on the Yake Property,
(850' east of US Highway 1, north of Denery Lane, south of Allen Avenue and
immediately adjacent to the Intracoastal Waterway). The architectural
elevation plan was tabled as the applicant decided to change the architectural
style from a Key West style to either a Mediterranean or Bermudan style.
Concurrently, the Board approved several waivers and internal adjustments,
namely;
Eliminating sidewalks on one side of the street in certain areas of the
development.
· Allowing more than 8 townhouse units in a row and allowing the
townhouse structures to exceed the maximum length of 200' for six of the
buildings.
· Reducing the required 25' building separation between townhouse
structures.
Also, the Board recommended that the City Commission waive the
requirement to pay for one-half the cost of improving the adjacent alleys and
approve the request to reduce pavement width from 24' to 22' for streets
located within the development.
1. Approved (4 to 0, Keller, Ames and Griffin absent), a request for a Certificate
of Appropriateness for a re-roof from wood shingles to copper shingles for the
Cathcart House, located at 38 South Swinton Avenue.
2. Approved (4 to 0), a Certificate of Appropriateness for a wall mounted sign
for Safari Steakhouse, located at the southeast corner of East Atlantic
Avenue and Swinton Avenue (4 East Atlantic Avenue).
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR S, EA. BLV .
CITY COMMISSION MEETING
OF JANUARY 19, 1999
LAKE IDA ROAD
! m
.... J n An.A.*~C
LINTON BOULEVARD I
?
L-38 CANAL C-15 CANAL
c,Ty UM,TS ........... S.P.R.A.B.: H.P.B.:
A, - EXECUTIVE MOTOR CARS 1. - 58 S. SWINTON AVENUE
B. - AZALEA HOUSE APARTMENTS 2. - SAFARI STEAKHOUSE
J 1 MILE J C. - LIFE CARE SERVICES OFFICE BUILDING
I
I
D. - THE ESTUARY
SCALE
CITY OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
-- DIGIt',Al. ~4SE' ,I~4P SYSI'£M --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~.~.- REGULAR MEETING OF JANUARY 19, 1999
AWARD OF BIDS AND CONTRACTS
DATE: JANUARY 14, 1999
This is before the City Commission to approve the award of the
following bids and contracts:
(1) Purchase award in the amount of $14,762.00 to Sanders
Company, Inc., sole source provider, for the purchase of two
(2) impellers and mechanical seals for Lift Station 100 as
part of the preventative maintenance program, with funding
from 442-5178-536-64.90 (W&S Renewal and Replacement - Other
Machinery and Equipment).
(2) Contract award in the amount of $69,361.00 to Farmer & Irwin
Corporation for the replacement of roof top and roof mounted
air conditioning units at the Police Department Headquarters
facility, with funding from 334-6111-519-63.21 (General
Construction Fund - Police Chiller A/C System).
(3) Purchase award in the total amount of $24,300.00 to Glock,
Inc. for the purchase of new replacement duty handguns for
the Police Department, with funding from 001-2111-521-52.27
(Police Administrative Services - Equipment less than $500).
(4) Purchase award in the total amount of $14,425 to Lawmen's
and Shooters Supply, Inc., via Florida State contract, for
the purchase of the annual supply of ammunition for the
Police Department, with funding from 001-2111-521-52.20
(Police Administrative Services - General Operating
Supplies).
(5) Purchase award in the total amount of $20,097.00 to Gateway,
via Florida State contract, for the purchase of nine (9)
computers (7 replacements and 2 new computers) for the Fire
Department to meet Year 2000 compliance, with funding in the
amount of $2,360 from 001-2311-522-64.11 (Fire
Administration - Computer Equipment), $2,360 from 001-2317-
522-64.11 (Fire Safety - Computer Equipment), and $15,377
from 334-6112-519-64.11 (R&R - Computer Equipment).
Recommend approval of the bid and contract awards listed above.
ref:agmemo8
AGENDA REgUEST
Agenda Item No. ~.O.I.
Date: January 11, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: January 19, 1999
Description of item (who, what, where, how much): Staff requests
Commission approve the purchase of two (2) impellers and mechanical
seals as part of the preventative maintenance program for Lift Station
100. The equipment will be purchased from Sanders Company, Inc., a sole
source provider for this equipment in the amount of $ 14,762.00. Fundinq
is available from R. & R. account No. 442-5178-536-64.90
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of purchase from Sanders
Company, Inc. in the amount of $14,762.00.
Department head signature: ~~~______~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds ):
Funding available:Y~/NO
Funding alternatives (if applicabl, e) .
Account No. & D~scription4~/~ ~-/~8-~.3~-
Account Balanc~ ~,~
City Manager Revie~~-
Approved for agenda: ~ES/~O ~,/~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Di s approved
C:%My Documents\LS100AG.DOC
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM: Dan Beatty, P. "--* ·
Directo~ lic Utilities
Deputy Er~uu~'" I--~
DATE: January 11, 1999
SUBJECT: Purchase of Impellers and Mechanical Seals
Attached is an Agenda Request and supporting documentation for purchase of two (2)
14" impellers and mechanical seals for Lift Station 100 as part of our preventative
maintenance program. Two of the four pumps in the lift station are showing signs of
extended wear on the impellers and as a result the pumps are indicating increased run
times. The impellers and seals will be purchased from Sanders Company, Inc., which is
a sole source provider for this equipment. The total amount of this purchase is
$14,762.00 and funding is available from R&R Account # 442-5178-536.64-90 Other
Machinery & Equipment.
Please place this item on the January 19, 1999 Agenda for consideration by City
Commission.
CDB/cdb
cc: Richard C. Hasko, P.E., Director of Environmental Services
City Clerks Office
C:\My Documents\LSlOOmem.doc
C: ;~' Documents ~ S100mem. doc
¢'.o. 1.
COMPANY, INC.
28116 SOUTHEAST MONRO~ STREET , ~q'UART, FLORIDA 34997
(561) 220-2900 (8L~) 247.8880 FAX (561) 220-3088
TO: City of Delray Beach DATE: 1-7-99
PROJECT: Fairbanks Morse
Attn: Bob Dullard S/N #K4B1061777-0 &-i
8" 5424S
We are pleased to propose the following: "~' ~' /~5~7t5~
Two (2) - 14.20" diameter impellers complete with wear rings and volute gaskets
$8~772.00
.~wo (2) - Materials ~o change pump to double mechanical seals ~
~5990.00
Total Price $ ..... ..1_4,762.00 Plus Tax if Applicable EO.B. ~'~'~--~'y/gl 7_ow
Shipment '4-6 weeks after receipt of complete approval or waiver of submittal data in tim Stuart Office.
Sanders Company, Inc. Standard Terms of Sale, on the reverse side of this proposal, are incorporated in thfs subr~;issiori. If approval of drawing
submissions is required, thirty (30) days for approyal will De allowed. No hold-backs, cash discounts, or other credits will be allowed, Terms:
'Upon Credit' Approval, net thirty (30)'days or at start up whichever comes first
Accepted this day ct 19 . Accepted this day of ,19 ........
Purchaser By Sanders company, Inc.
By By
Name Title - N ,~..~.,...~ Tit;e
Sales Representative
' SEE REVERSE SIDE FOR TERMS AND CONDITIONS,
Agenda Item No. ~'. o. ~
AGENDA REQUEST
Date: January 12, 1999
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: January 19, 1999
Description of item {who, what, where, how much): Staff request the City Commission
approve a construction contract with Farmer & Irwin Corporation, the lowest responsive bidder in
the amount of $69,361.00, for the replacement of four roof top and three split system roof
mounted air conditioning units at the Police Department Headquarters facility. Funding is
available General Construction Fund/Police Chiller NC System, account No. 334-6111-519-63.21.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve a construction contract with
Farmer & Irwin Corporation, in the amount of $69,361.00 for the replacement of the roof top and
roof mounted air conditioning un/~at the,~e Del~a~nt Heaquarers facility.
Department head signature: ~ .,~:~ ~~ I-/~-~'?
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re,~l~d on all items involving expenditure of funds):
Funding available: YES,/NO ____
Funding alternatiw~--'-0f applicable):
Account No. & Description 334-6111-519-63.21; Gen. Cnstrctn Fund/Polce Chiller
NC system
Account Balance ~/~3.
City Manager Review:
Approved for agenda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\98048~agreq011999
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Victor Majtenyi~~
Assistant Construction Manager
Date: January 11, 1999
Subject: AGENDA REQUEST for 1/19/99
Police Department Roof Top Air Conditioning Unit Replacments
Project No. 98-048
Attached is an Agenda Request for City Commission approval of award of contract to
Farmer & Irwin Corporation for the replacement of roof top air conditioning units at the
Police Department Headquarters building. The improvements consist of replacing four
(4) roof top units and three (3) roof mounted split system units.
Bidders were instructed to bid units separately, as the City would award at it's discretion
all or just some of the units. Replacement units bid were to be like and kind as to size,
capacity and performance, Carrier models, or equal.
On Thursday, December 3, 1998, the City opened bids for this project, with the lowest
bidder being Americool Air Conditioning with a base bid of $46,669.00, and E.C. Stokes
Mechanical Contractors as the number two bid at $62,010.00. Upon verifying
references and the validity of their bids, it become apparent to these bidders that they
missed some items, and consequently, they have requested that their bids be excused
from this project (see attached letters). Therefore, the lowest responsive bidder is the
third bidder, Farmer & Irwin Corporation, with a bid of $69,361.00 for all the units.
Farmer & Irwin Corp. specified Carrier units with a TechCool unit for the downstairs
computer room; the existing HiRoss unit is no longer manufactured and Carrier does not
make units for raised floor computer room applications. Based on our review of the
specifications for the TechCool unit and it's universal serviceability by most contractors,
the TechCool unit appears to be a sound replacement for this application. The number
four bidder, Jacaranda NC Refrigeration and Appliance Service, at a bid of $71,910.00,
also specified Carrier units with a Liebert unit for the downstairs computer room. The
difference in cost between these two units, the TechCool and the Liebert, is $4,039.00.
While Liebert units may be the "top of the line", they are only serviceable by Liebert
authorized dealers, a potential concern for our NC maintenance provider. Therefore,
when the total bid package for replacement of all the units is taken into consideration,
Farmer & Irwin Corporation is the lowest responsive bidder in the amount of $69,361.00.
Page 1 of 2
Z.o.
A check of the contractor's references proved favorable. The Engineering Department's
budget for this work was $80,000.00.
Therefore, staff recommends the City Commission approve an award of construction
contract in the amount of $69,361.00, to Farmer & Irwin Corporation, for the Police
Department Roof Top Air Conditioning Unit Replacements. Funding is available
from General Construction Fund/Police Chiller NC System, no. 334-6111-519-63.21.
cc: David Junghans; Administrative Services Dir., Police Dept.
Richard Hasko; Director of ESD
Howard Wight; Deputy Director of Construction, ESD
File 98-048 (A)
s\...\98048\agmem011999
Page 2 of 2
AMERICOOL AIR CONDITIONING & REF. INC.,
880 NE. 42nd Street · Oakland park, FI. 33334
(954) 563- :3978 · (954) 563- 2991· FAX 563- :3980
Monday, December 21, 1998
Mr. Victor Magteny,
Assistant Construction Manager
434 South Swinton Avenue
Delray Beach, FL 33444
RE: Police Department
Roof Top A/C Units
Dear Victor;
Following our meeting at your office on December 18, 1998, based on our
conversation and clearing the scope of work, I found out the changes of AHUs are
missing in my bid price. Therefore, I would like to be excused for this project.
I would like to appreciate for giving us a chance to meet you regarding this
project.
Fred N. Mehr, Ph.D., PE,
President
+4072437166 CITY Of DELRRY BIERCH 905 P{]2/02 DEC 23 'gB 1~:5~
TOKE
,tECH, AN{CAL
~bcr 23, 1998
RECEIVED
t rctming t DEC 2 3
City of Dglray Beach
100 N.W. 1"t
~y Bcac~ FI~ 33~
Re: Bid
Pmj~ ~
Dcm' Ms. Rooney:.
We rclp~ to inform you that we are withdrawing om bid for the above referenced
· Please remove our company from consideration for th/s projc~, and this project
only.
We look forward to bidding any and all fttutrc nit conditioning projects for the
City of Delray l~cach.
Should you have any questions, please feel free m cai] mc at your convenience.
Sincerely,
Paul Fefi~web
Estimator
2001 ?'Ih Avenue North - Lal~e Worth, FL 33461. (561) 682-3U9
Agenda Item No.: ~.O.3.
AGENDA REQUEST
Date: 3anuary 13~ 1999
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: January 19~ 1999
Description of agenda item (who, what, where, how much):
Purchase award - Replacement handguns for Police Department from Glock, Inc.
at a total price of $24,300.
(Pricing per quotes received)
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Purchase of replacement handguns for the Police Department
at a total cost of $24~300 from Glock, Inc.
Fundin§ from account code 001-2111-521-52.27
Signature:~ / / ~~, . x
Department
Head
Determination of Consistency wi~Lh/Comprehensive' Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:~ NO~ ~l'~l~
Funding alternative'~'' (if applicable)
Account No. & Description: ~%-L~(~--~--~,~
Account Balance: (~ ~1%o~ -~-~~-~~-~/
City Manager Review: ~%~5.-~
ApprovedHold Until: for agenda: E~ NO ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn ~o~~rchasing Supervisor ~~
THROUGH: Joseph Sa~ance Director
DATE: January 13, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
JANUARY 19, 1998 PURCHASE AWARD
REPLACEMENT HANDGUNS FOR POLICE DEPARTMENT
Item Before Commission:
The City Commission is requested to approve the purchase of new replacement duty handguns
for the Police Department from Glock, Inc. for a total cost of $24,300.
Background:
The Police Department is requesting the replacement of sixty (60) duty handgun weapons from
Smith and Wesson Handguns to the Glock Handguns. They are currently using the 9mm pistol
and changing to the .40 cal. pistol with meprolight night sights. Written quotes were requested
from three (3) vendor for unit pricing for the Glock .40 cal. pistol and a trade-in unit price for the
Smith and Wesson handguns. Quotes received are as follows:
Extended Unit Price
Vendor Unit Price Trade-in price Minus Trade-In
Glock Inc. $ 405.00 $190.00 $ 215.00
Academy Indoor Gun $ 399.00 $125.00 $ 274.00
Lawmen's And Shooters $ 411.11 $135.00 $ 276.11
The Delray Beach Police Department recommends the purchase of these handguns from Glock,
Inc. for a total price of $24,300. The City will be issued a credit of $11,400 from Glock, Inc.
after they receive the old handguns from the Police Department. See attached memo dated
January 11, 1999, from Administrative Services Director.
Recommendation:
Staff recommends the purchase of the replacement handguns from Glock, Inc. as a total price of
$24,300. Funding from account code//001-2111-521-52.27.
Attachments:
Memo From Delray Beach Police Department
Quotes Received From Vendors
cc: David Junghans, Administrative Services Director
DELRAY BEACH
Delray Beach Police Department
NI-AmeficaCity
(561) 243-7888 Fax (561) 243-7816
1993
MEMORANDUM
TO: Jackie Rooney
Purchasing Supe~,,~s~
FROM: David Junghansl t..--'~ ~
Administrative Services"D'irector
DATE: January 11, 1999
SUBJECT: PURCHASE OF REPLACEMENT HANDGUNS
Requisition number 68245, for $24,300.00 is for new replacement duty
handguns. While the initial cost of the new handguns is $24,300.00, that will not
be the final cost of the weapons to the Police Department°
As required, the Police Department received three quotes for the cost of the
handguns. Additionally, the Department required the vendors to take the old
handguns in trade for the new handguns as part of their quote. This resulted in
the manufacturer of the handguns, Glock InCo of America, providing the best
overall price quote.
The total purchase price of $24,300.00 is required by GIock to be paid initially°
After the new handguns have been received and issued (in conjunction with the
required training), the old handguns will be shipped to Glock and the Department
will receive $11,400.00 for the old handguns~ This is a one-for-one trade
between the Department and the vendor, GIock Inc. of America.
Should you have any questions, please call me at extension 7852.
DJ:rmh
GLOCK, u.s.^.
PERFECTION
~o Wood * District Manager Tel (407) 273-0965 (,~ ~ c~'
"'-~' PO Box 72t 299 Orlando, FL, 32872-1299 Fax (407} 281-4770 ~
l i~)elray Beach Police Dept. Date: 10/26/98
300 West Atlantic Ave. Quote # 1
Reference; DRBPD102698
}Delray Beach FL,33444-3695 Quotation Valid From: 10/26/95
~Atten: Sgt. Don West
1Ph561 -24~888 Valid To: J.2/26fg8-' ~
Fax§61-243-7816 ..... . d ~// ? ~,, .
Delivery: Delivery Via: F.O.B.: Terms:
60 Days ARO ..... Best Way Destination Net 30
Item # Qb/ Description Unit Cost Extension
1 35 Glock Mode G-22/23.40 cai pistols $405.00 $14,175.00
with mepmlight night sights,51b tdgger
and 3 L.E. ONLY Mags per pistol
TRADE-IN ALLOWANCE
2 35 S/~/Model 669 stainl~ 9mm pistol ($190.001 ($6,650.00)
w'~th 1 Hi-cap Pre-Ban Mag per pistol ~ .~: --
Departmental p ' _nce~__ do not ind~de sales tax or FET where applicable.
Pri~es are Net a0 days for ea._,~, invoice,
i
Oeductiomi. wj.'ll be made if trade pistols are not as specified.
Pistols mus~ be complete with magazines, sights and grips. ,I ITotal
I
'Trade or exchange pistols must be turned in wtthin 60 days a~ter receipt
of new Glories unless other arrangements are made,
Limited LJfetjme Warranty on parts including postage, labor and
replacement pans - factory ammunition only.
'~-~l~ LE Magazines may not be returned with trade-in pistols.
I(Exception: Glock I~istols)
Academy.. Indoo. r. . Gun_ _ Range, Inc.
3750 Irt~estrrtent Lane' We~t Palm Beach, FL 33404
(561) 840 - 8664 · FAX (561) 840 - 7476
Low Enforcement & 6eneral Public Sales
CLASS III DEALER
www.academyindoor, com
Nov. 5, 1998
Sgt. Don West
Delray Beach Police Department
300 West Atlantic Ave.
Delray Beach, Florida 33444
Pricing for items _requested:
Glock Model 23 or 22, Mepro N/Sights $399.00 ea.
F.E.T. exempt
Smith & Wesson model 669 $125.00 ea.
Thank You,
Jack Dilts, President/General Manager
LAW ENPORCEMENT · SPORTBMEN · GUNS - KNIVES · AMMO ', ACCESSORIES
?750 ~ STREET. ,~.W, · VERO BEACH, FLORIDA 32968 o (407) 569-8700
Hatch 27, 1998 ':"
Delray Beach Police Department
Attn: David Junghans
300 W, Atlantic Avenue .'.
De.lray Beach, FL 33444 "
David, :'..
Below are the prices
22 ea. (;lock 22/23 40 cal~..with...tr£jicon might· $411.11 ea.
sights and (3) magazinee.'.i.'
22 ea. TRADE-INS - S&W ~o~l. 65~:~$69 w{th (3) CS $~35.00 ea.
plain black
22 ea. Safariland Paddle ~le~f. pl, black ~518 $ 34,14 ea.
Or '
22 ea. Mixson Paddle Hols'ter, p~.. black ~DB $ 25.75 es,
22 ea. SafariZand Pancake..aois~:; 'pi. black ~328 $ 24.89 ea.
22 ca. Mixsofl Pancake Holster, ~.~;~ hla~ ~BH $ 20,59 ea.
· j
Delivery will be 3 .0~.' 90 d~7"~ ARO'.and FOB".will be Delray Beach,
Florida. If you have amy '~uee[io.n.s concerning the above, please do not
hesitate to contact me at 1-800-562-5697 Xl21.
Thank You, .....' :"
Ga'il Walker .... .
Sa le,~ Supervisor
::-d':..'?' '.' . '
Agenda Item NO.: ~.O.q.
AGENDA REQUEST
Date: January 13, 1999
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: January 19~ 1999
Description of agenda item (who, what, where, how much):
Purchase award - purchase of ammunition for the Police Department from
Lawmen's and Shooters Supply Inc. at a total cost of $14,425.
Pricin~ from Florida State Contract #680-000-99-1
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Purchase of ammunition from Lawmen's and Shooters Supply Inc.
for a total amount of $14,425. PricinK per Florida State Contract #680-000-99-1
Fundin_~ from account code 001-2111-521-52.20
Department Head Signature: .... ~ ~~x
Determination of Consistency w'~h~omprehensive Pla~:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding availabl~~'~ NO~l' t~'~6
Funding alternatl~w~_~-~' (if applicable)
Account No. & Description: o~%--~%[~--~{--~~
Account Balance: C~[q{~ 3~_~--~~ ~ ~' ~ ''~%~-9~a~/
City Manager Review: . -- ~ --]~(~¥.~-- ~
ApprovedHold Until: for agenda: ~/ NO ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jackly~ Roon.ey, Purchasing Supervisor
THROUGH: Joseph~nance Director
DATE: January 13, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
JANUARY 19, 1998 - PURCHASE AWARD
AMMUNITION FOR POLICE DEPARTMENT
Item Before Commission:
The City Commission is requested to approve the purchase of the annual supply of ammunition
for the Police Department from Lawmen's And Shooters Supply Inc. via the Florida State
Contract #680-000-99-1 at total cost of $14,425.
Background:
The Police Department is in the process of changing from Smith and Wesson handguns to the
Glock Handguns. Additional ammunition is required for training and regular duty requirements.
This ammunition is available from the Florida State Contract #680-000-99-1 from Lawmen's and
Shooters Supply Inc. See attached memo dated January 12, 1999, from Lawmen's and Shooters
Supply Inc.
The Delray Beach Police Department recommends the purchase of this ammunition from
Lawmen's and Shooters Supply Inc. per attached memo dated January 11, 1999, from
Administrative Services Director.
Recommendation:
Staff recommends the purchase of the annual supply of ammunition for the Police Department
from Lawmen's and Shooters Supply Inc. via the Florida State Contract #680-000-99-1 at a total
cost of $14,425. Funding from account code #001-2111-521-52.20.
Attachments:
Memo From Delray Beach Police Department
Memo From Lawmen's And Shooters Supply Inc.
cc: David Junghans, Administrative Services Director
DELRAY BEACH
Delray Beach Police Department
AII-AmedcaCity
(561) 243-7888 Fax (561) 243-7816
1993
MEMORANDUM
TO: Jackie Rooney
Purchasing Supper
FROM: David Junghan~-~ ~-
Administrative Serw'be~ Director
DATE: January 11, 1999
SUBJECT: ANNUAL PURCHASE OF AMMUNITION
Requisition #68252 is for the Police Department's annual supply of ammunition
for training and duty requirements. The Department is in the process of
transitioning from 9mm Smith & Wesson handguns, to the 40 caliber Glock
handguns. This transition requires the Department to purchase additional
ammunition to support both training and duty requirements for the 9mm and the
40 caliber handguns°
The ammunition is being purchased from the State of Florida 98/99 pricing
contract, #680-000-99-1o
Should you have any questions, conceming the purchase of the ammunition, or
the requirement for this amount of ammunitions, please call either Officer Parker
at extension 7875 or myself at extension 7852°
DJ:rmh
01/~12/i888 18:14 t5815892~55 KNIGHTS PAGE 82
SELL
TRAD~
LAW ENFORCEMENT - SPORTSMEN - GUNS - AMMO - ACCESSORIES
7.750 9th Street, S.W. - Ver~ Be-',ch, Florida 32968 * (561) 569-8700 - FAX (561) 569-2955
January 12, 1999
TO: lackie/Purchasing
Delray Beach Police Department
FROM: Gall Walker-Keen
Sales Supervisor
RE: Florida State Contract tt680-000-99-1
Jackig,
Below are the prices you requested.
50M CCI Blazer 9MM 147gr. TMJ 113462 $122.90 M
60M CCI Blazer 40 S&W 180 gr. TMJL #3477 $138.00 M
Delivery will be 30-60 days ARO and FOB will be Delray Beach, Florida. Prices
are per the Florida State Contract.
Thank You,
Gall Walker-Keen
Sales Supervisor
680-000-99-1 = Ammunition, Targets, Handcuffs... Page 1 of 1
Ammunition, Targets, Handcuffs, and
Pepper Gas
680-000-99-1
E~fec~ive: 07/20/98 through 07/19/99
Certification
Special Conditions
Specifications
Price Sheet
Ordering Instructions
Revi s i OhS
Complete Contract
State Contracts Main Index
Contractors:
Ordering Information Vendor URL
Anderson Munitions, Inc.
Central Public Safety Equipment Company http://www.public-safety-equip.com
Defense Technology Corporation of America
Delta Fran.q b e Ammun tons, LLC http://www.dfanetcom
Florida Bullet, Inc.
Gulf States Distributors http://www.policemarksman.com
Hamilton Uniforms
Lawmen's & Shooter's Supply, Inc.
Law Enforcement Supply, Inc.
Longbow, Inc.
Maverick Gun & Pawn
Mace Security International (MCI)
Security Supply, Inc.
Ultramax Ammunition.
Zero Ammunition Company, Inc.
~MAIN INDEX [ One-Step Purchasing I Passwerd I Acceunt Status I HELP
Please send comments or questions to Division of Purchasing
Wednesday, January 13, 1999 10:36 AM
AGENDA ITEM NUMBER: ~. O. ,_~.
AGENDA REQUEST
Request to be placed on:
XX Consent Agenda __ Special Agenda ~ Workshop Agenda
When: January 19, 1999
Description of agenda item:
Approve award to Gateway for the purchase of nine (9) computers for the Year 2000
compliance for a total cost of $20,097.00.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award to Gateway for a total cost of $20,097.00. Pricing is per Florida State Contract
Number 250-070-99-1. Funding will be taken from the following account codes:
Req. # 67744 001-2311-522-64.11 and 334-6112-519-64.11
Req. #67759 001-2317-522-64.11 and 334-6112-519-64.11
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (requir~tems involving expenditure of funds):
Funding available: Yes~ No
Funding alternatives: (if applicable) __
Account Number: -~~'~.~-~,,~ ~ ~o (~~~ '.
Account Description: ~H-~[[~-~t~--~1' ~
Account Balance: ~~
~ity ~ana~r R~vi~w:
Approved for agenda~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
PURCHASING DIVISION
MEMORANDUM
DATE: January 12, 1999
TO: David Harden, City Manager
FROM: Jennifer Schill. ace, Buyer
THROUGH: Joseph~S~inance Director
RE: DOCUMENTATION
CITY COMMISSION MEETING- JANUARY 19, 1999
COMPUTER PURCHASES FOR FIRE DEPARTMENT
ITEM BEFORE COMMISSION:
The City Commission is requested to approve award to Gateway for the purchase of
seven (7) computer replacements and two (2) new computers via Florida State Contract
Number 250-070-99-1 at a total cost of $20,097.00. (Requisition numbers 67744 and
67759)
BACKGROUND:
The Fire Department has a need for these replacements and new computers for the
Year 2000 compliance, per the attached memorandum from Fire Chief Rehr.
Fire Chief Rehr recommends award to Gateway for the purchase of nine (9) computers
per his memo dated January 5, 1999.
RECOMMENDATION:
The Purchasing staff recommends award to Gateway for the purchase of nine (9)
computers at a total cost of $20,097.00. Funding will be taken from the following account
codes:
Req. # 67744 001-2311-522-64.11 and 334-6112-519-64.11
Req. # 67759 001-2317-522-64.11 and 334-6112-519-64.11
Attachments:
Memo from Chief Rehr 01/05/99
Copy of Quotes from Gateway
cc: Joseph Safford, Finance Director
Jacklyn Rooney, Purchasing Supervisor
Robert Rehr, Fire Chief
Barbara Flynn, Office Automation Analyst (MIS)
[ITY JIF I]ELRI:IY BEI:I[H
FIRE DEPARTMENT SE~V,NG DELFIAY BEACH ' GULF STFiEAM ' HIGHLAND BEACH
DELRAY BEACH
1993
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: R.B. REHR, FIRE CHIEF
DATE: JANUARY 5, 1999
SUBJECT: COMPUTER PURCHASES
The Fire Department has entered two requisitions for the purchase of nine (9)
computers. Seven (7) computers are replacements and two (2) are new purchases. These
replacements and purchases are necessary to meet the Y2K compliance.
EPW/tw
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
407/243-7400 · SUNCOM 928-7400 · FAX 407/243-7461
Printed on Recyled Paper
E-4200 400
Intel 400MHz Pentium H processor with 512k Cache
Processor.
Memory: 128MB 100Mhz SDRAM expandable to 384
Monitor:. VX700 17inch color monitor viewable
(16.0inch
Graphie~ Accelerator: ATI Rage Pro Turbo 8MB 2x AGP Graphics
A~l~ator
Hard Drive: 10GB $400RPM SMART II Ultra ATA hard drive
Floppy Drive: 3.$inch 1.44MB diskette drive
CD-ROM: 13X min./32X max. CD-ROM drive
?Fax/Modem: Telepath® $6K Modem added: US$126 Case: E-Series S-bay Mid Tower
Network Card: IBM PCI Token Ring added: US$93
Keyboard: 104+ Keyboard
Mouse: MS IntelliMouse mouse & Gateway mouse pad
LANDesk Software: Intel LANDesk Client Manager Software v3.3
Operating System: W'mdows NT 4.0 (*limited upgrades and
downgrades) added: US$99
Service Program: Years 2 & 3 of On-Site Service
McAfee Anti-Virus Software: McAfee Anti Virus Software
Base Price: US $1999
Contract #250-040-99-1
Quantity: 1
Total Price: U552317
htt p://www, gate .may. com/cgi-bin/cal_price, pl 12/16/98
E-4200 400
~ Processor:. Intel 400MHz Pentium H processor with 512k Cache
...... Memory: 128MB 100Mhz SDRAM expandable to 384
~~ Monitor: VX700 17inch color monitor (16.0inch viewable area)
Graphics Accelerator: ATI Page Pro Turbo gMB 2x AGP Graphics
Accelerator
Hard Drive: 10GB 5400RPM SMART II Ultra ATA hard drive
Floppy Drive: 3.Sinch 1.44MB diskette drive
CD-ROM: 13X min./32X max. CD-ROM drive
Case: E-Series g-bay Mid Tower
Network Card: IBM PCI Token Ring added: US$93
Keyboard: 104+ Keyboard
Mouse: MS IntellLMouse mouse & Gateway mouse pad
LANDesk Software: Intel LANDesk Client Manager Software v3.3
Operating System: Windows NT 4.0 (*limited upgrades and
downgrades) added: US$99
Service Program: Years 2 & 3 of On-Site Service
McAfee Anti-Virus Software: McAf'ee Anti V'mis Software
Base Price: US $1999
Contract #250-040-99-1
Quantity: I
Total Price: U852191
Sales Representative (if known): I.800-../79-2000
Would you prcf'cr a fax or phon~ cai
htt p://www, gateway.com/cgi-bin/cal_price, pi 12/16/98
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR~ //'
FROM: JANET MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF JANUARY '19, '1999
CONSIDERATION OF A REQUEST TO REDUCE THE PAVEMENT
WIDTH FROM 24' TO 22' FOR RESIDENTIAL STREETS LOCATED
WITHIN THE PROPOSED ESTUARY SUBDIVISION (YAKE
PROPERTY) PURSUANT TO LDR SECTION 6.1.2(C); AND GRANTING
RELIEF FROM LDR SECTION $.3.'1(E) IMPROVEMENT OBLIGATIONS.
THE SUBJECT PROPERTY IS LOCATED 850' EAST OF U.S.
NORTH OF DENERY LANE~ SOUTH OF ALLEN AVENUE~ AND
IMMEDIATELY ADJACENT TO THE INTRACOASTAL WATERWAY
The development proposal is to construct an 82-unit townhouse development known as
The Estuary (fka The Yake Property). Access to the site is from Palm Trail at the
southern end with a secondary access from Royal Palm Boulevard (to be constructed).
In addition, the proposal includes the construction of a bike path along the west side of
the applicant's property that is to be dedicated to the public. To construct the project as
proposed, the applicant has requested relief from the following LDR Sections.
Improvement Obligations:
Pursuant to LDR Section 5.3.1(E), when an unimproved street or alley is located on a
boundary of the project, the project is responsible for providing one-half of the
improvement costs. The Estuary site has 15' wide unimproved alleyways on both the
north and south borders. Pursuant to the above regulation, half the cost of improving
these alleys is required.
Most of the properties abutting the subject alleys have been improved with single- and
multi-family housing that takes access from the adjacent streets. It is unlikely that the
alleyways will be improved for vehicular access. In fact, support has been expressed by
residents of the area for abandonment of the alleys in order to improve crime control.
The site plan for The Estuary includes a bike path along the west side of the property,
which is to be dedicated to the public. As originally proposed the bike path would have
ended at the southernmost alley, however as a condition of site plan approval, it is to be
extended to Palm Trail within the alley right-of-way. This will provide for a continuous
City Commission Documentation
The Estuary - Special Actions
Page 2
pedestrian/bikeway link from Royal Palm Boulevard to Palm Trail. Given that the
developer is to bear the full cost of dedicating and constructing the bike path, and that it
is unlikely that the alleys will be otherwise improved, it is appropriate to grant relief from
the improvement obligation.
Reduction in Pavement Width:
Pursuant to LDR 6.1.2(B)(3), the required pavement width for a local street is 24'. The
proposed width for the private streets located within The Estuary is 24' where parallel
and back-out parking spaces are located, and 22' throughout the remainder of the
development. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City
Engineer, and with the approval of the Fire Marshal, the City Commission may authorize
a reduction in the minimum required width of paving if it is determined that the
requirements of this subsection would not be feasible or would constitute a hardship in a
particular instance, and provided this reduction would not endanger public safety and
welfare.
The City Engineer and the Fire Marshal have no objections to the request to reduce the
pavement width from 24' to 22' in certain parts of the development. While our City
standard does not provide for a 22' standard section, this is an acceptable standard for
many other municipalities and within unincorporated Palm Beach County. In addition,
the narrowing of streets is often recommended as a traffic calming measure. Based on
the above, staff supports the reduced pavement width.
At its meeting of January 4, 1999, the Site Plan Review and Appearance Board
considered the requests in conjunction with approval of the site plan. After a quasi-
judicial hearing, the Board on a 6-0 vote (Shutt absent) recommended approval of the
reduction in pavement width as well as relief to provide one-half the cost of improving
the adjacent alleys.
By separate motions:
1. Approve the request to not provide one-half of the cost of improving the alleys for
The Estuary.
2. Approve the request to reduce the pavement width for the internal streets located
within The Estuary subdivision from 24' to 22' in those areas indicated on the site
plan.
Attachments: Site Plan
THRU: DIANE DOMII~GUEZ, DIREC~:~OF~LANNI.NG//~ AND ZONING
FROM: JASMIN ALLEN, PLANNER/~-2xA2-~ ~
SUBJECT: MEETING OF JANUARY19, 1999 *REGULAR AGENDA*
ABANDONMENT OF A 15 FT EAST/WEST ALLEYWAY WITHIN BLOCK 1,
KENMONT SUBDIVISION, LYING BETWEEN DENERY LANE AND BOND WAY,
APPROXIMATELY t40 FT WEST OF PALM TRAIL AND ACCEPTANCE OF A
REPLACEMENT EASEMENT
The request involves abandoning an east-west alley lying north of Lots 22thru 24 and Lot 27, Block
1 Kenmont Subdivision, and the dedication of a replacement easement to cover existing utilities.
The subject alley is located between Denery Lane and Bond Way, approximately 140' west of Palm
Trail.
The right-of-way is unpaved, however it contains utility services for Bell South, Adelphia Cable
and Florida Power and Light. The request was made by the owners of Lots 22 through 24 located
on the south side of the alley in order to incorporate the vacated area into their lots. Abandonment
of the alley will not prevent access to any lots of record. However, the alley is currently used as an
occasional secondary means of access for two residences located on its north side. While primary
access is via Denery Lane, a detached double-door garage structure was constructed at 910
Denery Lane. This allows the garage to be accessed via a paved driveway from Denery Lane as
well as from the unpaved alley. At the west end of the alley, a 15.5' x 17' asphaltdrive was
constructed to the rear of the property located at 906 Denery Lane. A paved north/south alley
connecting to Bond Way dead-ends into this asphalt drive therefore access will remain available,
although it would be diminished by 2' because of a slight offset between the north/south alley and
the driveway.
At its meeting of November 16, 1998, the Planning and Zoning Board considered the request at a
public hearing. At the meeting Zaba Koskie, owner of 910 Denery Lane spoke in opposition and
indicated that the abandonment will cause an inconvenience as she occasionally uses the
alleyway to drop things off in the rear of her property. On a 6 to I vote (Bird dissenting), the Board
recommended approval, subject to the dedication of a replacement easement to cover the existing
utilities.
By motion, approve the abandonment of the alleyway and accept a replacement easement to cover
the existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5).
Attachment: Resolution No. 5-99
P&Z Staff Report of November 16, 1998
RESOLUTION NO. 5-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
FIFTEEN FOOT WIDE EAST/WEST ALLEY RIGHT-OF-WAY
WITHIN BLOCK ONE, KENMONT SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGE
65 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, LOCATED BETWEEN BOND WAY AND DENERY LANE,
AS MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES
OVER THE NORTH TEN FEET (10') THEREOF AS SET FORTH
AT EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
WHEREAS, an application for abandonment of a fifteen foot
(15') wide east/west alley right-of-way lying within Block One,
Kenmont Subdivision, generally located between Bond Way and Denery
Lane, as more particularly described herein, was received by the City
of Delray Beach; and
WHEREAS, the application for abandonment of a portion of
said alley right-of-way was processed pursuant to Section 2.4.6(0),
"Abandonment of Rights-of-Way", of the Land Development Regulations
of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(0) (3)(d), the
Planning and Zoning Board, as Local Planning Agency, formally
reviewed this matter at a public hearing on November 16 1998, and
'
voted 6 to 1 to recommend approval of the abandonment, based upon
positive findings pursuant to LDR Section 2.4.6(0)(5), and subject to
conditions; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said
right-of-way, based upon positive findings pursuant to LDR Section
2.4.6(0) (5), but does not abandon and retains and reserves unto
itself a utility easement over the north ten feet (10') thereof for
the purpose of emergency access and constructing and/or maintaining,
either over or under, the surface poles, wires, pipes, sewers,
drainage facilities, or any other facilities used for various public
utilities whether owned by the City or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property for roadway purposes only, but does not abandon and retains
and reserves unto itself a utility easement over the north ten feet
(10') thereof as set forth at Exhibit "A" attached hereto and made a
part hereof, for the purpose of emergency access and constructing
and/or maintaining, either over or under, the surface poles, wires,
pipes, sewers, drainage facilities, or any other facilities used for
various public utilities whether owned by the City or private
corporations, more particularly described as follows:
That portion of those certain alleyways lying
adjacent to Lots 22 through 24, inclusive, and Lots
27 & 28, Block One of "KENMONT", as recorded in
Plat Book 20 at Page 65 of the Public Records of
Palm Beach County, Florida, being more particularly
described as follows:
BEGINNING at the Northwest corner of said Lot 22;
thence with a bearing of due North along the
northerly extension of the westerly boundary of
said Lot 22 for a distance of 15.00 feet to a
point; thence with a bearing of due East for a
distance of 204.12 feet to the Northwest corner of
said Lot 27; thence with a bearing of due South
along the West line of said Lot 27, for a distance
of 15.00 feet to a point; thence with a bearing of
due West for a distance of 15.00 feet to the
Northeast corner of said Lot 24; thence continue
with a bearing of due West along the North line of
said Lots 22 through 24, inclusive, for a distance
of 189.12 feet, more or less, to the POINT OF
BEGINNING.
Containing 0.065 acre, more or less.
PASSED AND ADOPTED in regular session on this the 19th day
of January, 1999. ~~M A~
ATTEST:
!~ - 2 - Res. No. 5-99
Ii
DENERY , ~0\q LANE ~ --
x'- c¢~ '",' I
LOT 9 LOT
LOT ~9 m ~ ~ LOT 27
LOT 20 , ~ ~ ~ ¢~
....
. BOND WAY
- ABANDONMENT -
~ (15 FT. EAST/WEST ALLEY, BLOCK 1, KENMONT SUBDIVISION)
DELRAY BEACH, ~
Z~ING ~PAR~ENT
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~ ~' ~ ~ .-' SOUTH 155.50
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g=~m[ ~ILLEY ABANDONMENT PER 0. R.B. 1612 PG. 261
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, .. -JOHN A. GRANT. JR.. INC.
P~E .: LICENSED BUSINE~ NC~ I.B-50 FAX : 3~5-3315
SKETCH OF DESCR I PT ION
A TEN FOOT (IO') UTILITY EASEMENT LOCATED IN
THE SUBDIVISION OF KENMONTo CITY OF DELRAY BCH.
PALM BEACH COUNTY, FLORIDA
Exhibit "A" to Resolution No. 5-99
LEGAL DESCRIPTION:
NORTH TEN FEET {IO') OF THE FOLLOWING DESCRIBED PROPERTY,
' BIock One M ~. m meerd~ M FIM Boek 20.
boundaq M ,~d LM 22 k~r a dkMnm M 15.00 MM ~ e pMn~ '- .- A
Maeid LM 27;
11~NCE ~lh I beidne M b WeM ~r e ~Manoe M 15.00 MM m I~e Narl~ea w
M ,eicl LM24;
1HENCE CON11AE W a b,elr~ d due W,M ,k~e I~e N.~ Imd amd LM! ~2- 24
b · dkemoe M lee.12 ~N~ more or k4~ ~ I~e FoIrr 0~ BEGlelNG.
CONTAINING 2041.2 SO-~ARE FEET (0.04? ocres ), MORE OR LESS.
NORTH IO. OO ,
LOT 22
THIS IS NOT A SURVEY!
PROFESS~ LAM:) SURVEYOR NO. 4:304
STATE OF FLORIDA
~.xhibit "A" to ReboJ. uczon Ho. 3-~
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 16, 1998
AGENDA ITEM: VI.B.
ITEM: Abandonment of a 15 ft. East)West Alleyway within Block 1, Kenmont
Subdivision, Lying Between Denery Lane and Bond Way,
Approximately 140 ft. West of Palm Trail.
ROYAL PALM BLVD. M.$.A. TRACT
Applicant ......................... Dorothy Wilken and James /
Hamill
Location .......................... Between Denery Lane and ~A,,,E, AV~.
Bond Way, approximately 140
ff. west of Palm Trail
Property Size .................. 0.065 acre
Future Land Use Map ..... Medium Densi~ Residential
AdjacentCurrent Zoningzoning ................ .... No~h: RLRL (Low Density Residential) ///~/~*~/*~/~./ ,/~ / /
East: RL
South: RL
West: RL
Existing Land Use ........... Unimproved 15 ff. alley
Proposed Land Use ........ Abandonment of the alle~ay
to be incorporated into lots 22,
Kenmont Subdivision.
Water Sewice ................. n/a
Sewer Se~ice ................. n/a
~l~gE BUSH BOULEVAR0
.
~Ii I~.~c~.~
/
VI.B.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of an east-west alley lying north of
Lots 22 thru 24, Block 1 Kenmont Subdivision. The subject alley is located
approximately 155 feet north of Bond Way, between N.E. 9th Avenue and Palm
Trail.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(O), Abandonment of Rights-of-Way.
With the recordation of the Kenmont plat in December 1945, alleyways were
dedicated to the north, east and west of Lots 22 thru 24, Block 1, Kenmont. The
platted alleyway located on the east side of Lot 24 was abandoned. The
alleyway on the west side of Lot 22, is paved and currently provides access to
Lot 22 as well as several lots on the west side of the alley. The request for
abandonment does not include the paved alleyway (refer to attached location
map exhibit).
The alleyway lying north of Lots 22 thru 24 which is requested for abandonment
is unpaved. Overhead utility lines and a perimeter fence for the 1202 Condo
(Lot 27) have been erected within the alleyway.
The area proposed for abandonment is a 15' wide alley consisting of 3,061
square feet (15' x 204') running along the north side of Lots 22 through 24 and
Lot 27, Block 1, Kenmont Subdivision. The request was made by the owners of
Lots 22 through 24 in order to incorporate the vacated area into their abutting
properties/lots.
The abandonment area is 15 feet wide. Pursuant to LDR Section 2.4.6(O)(1),
public right-of-way shall be returned to the parcels from which it was originally
dedicated. The right-of-way was dedicated exclusively from the Kenmont
Subdivision plat thus, the entire 15' of right-of-way will revert to the abutting
Lots 22 through 24 and Lot 27 within the Kenmont Subdivision.
The owners of Lot 22 through 24 has provided the following reason for the
abandonment request:
"To incorporate into the adjacent Lots 22, 23 and 24 for extended
backyard use, planting and gardens"
Planning and Zoning Board Staff Report
Abandonment of Alleyway within Block 1, Kenmont Subdivision
Page 2
Improvements in the Alley
Along the eastern end of the alley a perimeter fence encroaches 0.35 feet into
the alley. The fence is a part of the rear lot buffer treatment for the 1202 Condo,
located on Lot 27. Upon abandonment based on its location the fence will not
encroach outside the new property line for Lot 27.
Utility Services
No water or sewer facilities are located within the alleyway. The Environmental
Services Department and Fire Department have reviewed the request and have
no objection.
An existing overhead utility line running east to west contains Bell South,
Adelphia Cable, and Flodda Power and Light services. The overhead utility lines
straddle the north right-of-way line of the platted alleyway and a portion of the
utility lines is located within the rear yard of the lots located on the side north of
the alley (outside of the platted alley right-of-way). A five (5) foot utility
easement dedicated by the Plat of Denery Lane exists along the rear lot lines of
those lots, thus the utility line encroachment is covered by an existing easement.
The utility companies (FPL, Bell South and Adelphia Cable) have reviewed the
abandonment request and have supported the abandonment provided an
easement is granted to cover the existing facilities. Dedication of a replacement
easement will be required as a condition of approval.
The Florida Public Utilities has reviewed the request and has no objection as
there are no gas lines within this alleyway.
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment
being approved, the following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
Currently, FPL, Bell South and Adelphia services are located within the alley.
Continuation of the utility services will be maintained with the dedication of
replacement easement which is attached as a condition of approval.
While the alleyway is unimproved it is being used as a secondary means of
access for the residences located on the north side of the alleyway (i.e. Lots
6 and 7 (910 Denery Lane) and Lot 8 (906 Denery Lane).' A detached
double-door garage structure was permitted in June 24, 1997, at 910 Denery
Lane. The garage is accessed via a paved driveway from Denery Lane as
well as from the alley. The access from the alleyway to the garage is not
Planning and Zoning Board Staff Report
Abandonment of Alleyway within Block 1, Kenmont Subdivision
Page 3
improved. If the alley is abandoned the secondary means of access to the
garage structure will be eliminated, however access (i.e via Denery Lane) will
be maintained to the residence and to the garage.
The residence at 906 Denery Lane (Lot 8) has a 15.5' x 17' asphalt drive on
the north side of the alleyway. Access to this paved area is through the
paved north/south alley via Bond Way. The asphalt drive is offset by
approximately 2' from the north/south alley. If the abandonment is approved,
access would be diminished by 2' (i.e. the offset area). If the abandonment
is approved it should be with the condition that the abandonment not include
the 2' offset.'
B) That the abandonment does not, nor will not prevent access to a lot of
record.
The alley is unimproved and is not used as a primary means of access. All
abutting lots will continue to have frontage on and access to either Bond Way,
Palm Trail or Denery Lane. The abandonment of the alley will result in a loss
of secondary access to the rear of the recently constructed garage structure.
However, an alternative means of access to the residence and garage
structure exists. There will be negligible impact to the asphalt drive on Lot 8
(906 Denery Lane).
C) That the abandonment will not result in detriment to the provision of
access and/or utility services to adjacent properties or the general area.
The east/west overhead utility lines located within the abandonment area
will be accommodated in an easement. As stated above the abandonment
will not result in a detriment to the provision of access to the abutting
properties.
The development proposal is not within a geographical area requiring review by
the CRA (Community Redevelopment Agency), DDA (Downtown Development
Authority) and HPB (Historic Preservation Board).
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's
associations:
North Palm Trail Association
La Hacienda Association
Planning and Zoning Board Staff Report
Abandonment of Alleyway within Block 1, Kenmont Subdivision
Page 4 .' -'-
.Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Attached are letters of objection from the abutting property
owners (north side of the alley to be abandoned). Additional letters of objection or
support, if any will be provided at the Planning and Zoning Board meeting.
· As the alleyway is unimproved and there are no plans for its improvement, its
intended use is limited. The purpose of the abandonment is to incorporate the
vacated area within the abutting lots located on the south side of the alleyway.
Replacement easements will be required to cover existing Bell South, FPL and
Cable TV services. As stated above the abandonment of the alley will result in
a loss of access to the rear of the recently constructed garage structure.
However, an alternative means of access to the residence and garage structure
exists. Secondary means of access will still be maintained to the asphalt drive
on Lot 8 (906 Denery Lane).
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
3. Recommend to the City Commission denial of the abandonment based upon
a failure to make positive findings with respect to LDR Section 2.4.6(O)(5).
By motion, recommend to the City Commission approval of the abandonment of
the east/west alley within Block 1, Kenmont, based upon positive findings with
respect to LDR Section 2.4.6(0)(5), with the condition that a replacement
easement be provided over the north 10' of the alley to cover the existing
overhead utility lines.
Attachments:
· Reduced survey
· Location map exhibit
· Letters of petition
" RECEI'
September 17, 1998 SEP 2 4 1998
City of Delray Beach Planning and Zoning Department
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Sir or Madam: .
In regard to Public Notice 98-245, which we recently received, we want to voice our strong
· objection to the fact that we no longer have use of said alley. We have used this alley for almost
50 years and have maintained it for all these years.
We are nearing completion of a new garage and have gone through the time and expense of
installing a garage door facing said alley with the intent of using it.
We plan on attending the meeting on the 28th of this month to voice these and other objections.
Sincerely,
Mr. & Mrs. William Koskie
Owners of lots 6 & 7
DEAN E. and PATRICIA A. NOLD
906 Dene~y Lane
33483
November 4, 1998
Ms. Jasmin Allen
City of Delray Beach
Planning and Zoning Department
100 N~W~ First Avenue
Dekay Beach, FL 33444
Re: Public Notice No. 98-245
Dear Ms. Allen:
This is to confirm our telephone conversation of November 2, 1998.
Upon our arrival in Delray Beach this past weekend, I had an opportunity to see ifI could
negotiate the parking of our pop-up camper without encroaching upon our neighbor's
proposed new property line.
Indeed I was able to park the camper without any difficulty.
I am enclosing several photos that were taken at the time I parked the camper. You stated
on November 2, 1998, and on either September 14 or 15, 1998, that the alley ways were
free of litter, .... etc. The enclosed photos taken on October 31, 1998, do not support
your observation/statements.
Sincerely,
~~ RECEIVED
Dean E. Nold NOV 0 9 1998
PLANNING & ZONING
PHONE: (561 ) 278-2259 E-MAIL: deanoden~jtmo.com
~n~ ~. ~I~INI, JK., IN(=.
SKETCH OF DESCR I PT ION
A TEN FOOT {IO'} UTILITY EASEMENT lOCATED IN
THE SUBDIVISION OF KENMONT, CITY OF DELRAY BCH.
PAI~ BEACH COU~ FLORIDA
LEGAL DESCRIPTION:
NORTH TEN FEET (IO') OF THE FOLLOWING DESCRIBED PROPERTY,
Ixaxdaq M ~ LM 22 k.' e (Mlmm M 15.00 Met ~ e ixint;_
I
CON~NIN~ 2041 2' SOLACE ~[~ (0. 047 ocr. ), ~[ O~ L[SS.
~[~ / ~d~ ~o
,i ~ i ,
~ ~A~T 204.12 '~ I I ~ __ '
' ~l ~ 5' 15' '~PER PLAT~ I.
N.W. CORNE
THIS IS NOT A SURVEY~
~ /z//~/~ !~ ~ ~ '- / 'R~~D APPROVED
Drown 8y ..... Dote
~eet~of /
e
.... ~ATE ~ ~IDA
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement/_~
Date: January 15, 1999
Re: MAD DADS~ Inc. Subrecipient A.qreement/Activifies
ITEM BEFORE THE COMMISSION:
Staff response to comments and concerns raised by Mr. Josh Smith regarding the
use of Community Development Block Grant (CDBG) provided to the MAD DADS
organization.
BACKGROUND:
The primary objective of Title I of the Housing and Community Development Act of
1974, as amended, and of the community development program of each grantee
under the Title is the development of viable urban communities. Communities are
encouraged to do this by providing decent housing and a suitable living environment
and expanding economic opportunities, principally for persons of Iow and moderate
income. Federal regulations governing the CDBG program requires, entitlement
cities to spend 70% of its funds for the benefit of Iow- and moderate-income persons.
All activities funded under the program, except for those carried out under the basic
eligibility categories of Program Administration, planning and capacity building must
meet specific tests for one of the National Objectives, which are:
1. Benefiting Iow- and moderate-income persons.
2. Preventing or eliminating slums or blight, or
3. Meeting other community development needs having a particular urgency
because existing conditions pose a serious and immediate threat to the health or
welfare of the community and other financial resources are not available to meet
such needs.
MAD DADS of Greater Delray Beach is a not-for-profit grass roots organization that
we believe is effectively working towards the creation of a suitable living environment
within the established CDBG Target Area. The activities carried out by this
organization benefit Iow- to moderate-income persons. The funding of the
Neighborhood Program Specialist and Project Coordinator positions within the MAD
DADS organization are eligible uses of our Block Grant dollars. Their work is directly
associated with the activities carried out in the target area and benefiting Iow- to
moderate-income persons. In addition, the activities are consistent with the goals
and objectives established by the City Commission as well as those established
under the Housing element of the approved Comprehensive Plan.
Staff receives monthly reports from MAD DADS accounting for and documenting of
performance requirements contained within the Subrecipient Agreement. In addition,
as required under Federal Regulations, the agency is monitored by staff annually for
compliance to regulations goveming the documentation of client and financial
records. We regularly attend and/or participate in their neighborhood activities and
have representation on their Board of Directors. The Community Development
Coordinator is responsible for and has direct communication with the Executive
Director on a regular basis, addressing any concerns, providing technical assistance
or in some cases, assisting with the planning and implementation of proposed
activities.
In summary, staff believes MAD DADS has done an excellent job of identifying and
getting new funding to support programs and activities carried out by them. The
City's first year funding award (1994) to MAD DADS was at $33,000 for one position.
The 1995 funding was increased to $58,500 in support of two (2) positions; the
agency's annual award in 1998 (still at 2 positions) is at $53,000 and covers
approximately 90% of the two positions. Their total budget has grown from $58,500
of 100% City funding to a little over $450,000 in 1998, with the City's contribution
being approximately 12% of their total budget. The current staffing levels and
annual salaries appear to be consistent with positions and agency's doing similar
work throughout Palm Beach County.
RECOMMENDATION:
City Commission consideration of the facts as presented by MAD DADS of Greater
Delray Beach and the Community Improvement staff in response to concems raised
by Mr. Josh Smith.
· Page 2
MAD DADS OF GREATER DELRAY BEACH
141 S.W. 12th Avenue
Delray Beach, FL 33~.~,~
Phone: 561.276.6755
Fax: 561.279.7606
BOARD OF DIRECTORS
~J~ WI~S
LULA BUTLER
MICHAEL WRIGHT
~,¢~EL~N,NC January 12, 1999
r,o~ss.~t~ ~. David H~den
~o~ ~ City M~er
~o~ s~cco~ City of De~ay Beach
100 ~ 1 ~ Avenue
~ MCCO~M
De~ay Beac~ FL 33444
'r~ ~DE~ON
~v~o s~s De~ ~. H~den:
CLO~S M~DIE
C.A~ ~V~ ~ res~ to Dr. Josh S~th's request for p~cemem on the agenda for the J~ 19,
~ 1999 meetMg of the De~ay Beach City Co~issio~ I sub~t the enclosed documem
wMch d~ectly ad~esses v~ious ite~ stated by Dr. S~th M Ms request, ~ed 1/6/99.
If you ~ve ~y que~ions or need ~her ~or~tion a~m ~ D~S of greater
De~ay Beac~ do not hesitate to c&l me.
~. C~les "Chuck" ~dley
Executive D~ector
MAD DADS of Greater Delray Beach
In FY 9%98, MAD DADS effectively met most of the goals established for the fiscal year. The activities
carried out have contributed to an environment in which the Drug and Crime-Free Community Programs
have achieved great strides in combating illegal drug activities through three programs: (1) Neighborhood
Stabilization, (2) Youth Development (called "Collaborative for Excellence") and (3) Family Strengthening.
A summary of this year's performance under each program are listed below:
I. NEIGHBORHOOD STABILIZATION
The MAD DADS target area is defined by Lake Ida Road to the north, Swinton Avenue to the east, Linton
Boulevard to the south and 1-95 to the west. During FY 97-98, MAD DADS Neighborhood Coordinator
provided technical assistance to 16 new and/or existing neighborhood associations. These associations
impact over 500 households representing approximately 2,300 residents. Structuring the Neighborhood
Associations is done in partnership with the City of Delray Beach Neighborhood Coordinator. (see Exhibit
#1)
In addition, other activities done by the MAD DADS Neighborhood Coordinator, its volunteers and in
some cases, through partnership with the City's Commurrity Improvement Depa~ha-tent are:
Annual Paint Up Delray Project - produced 250 volunteers who assisted in the coordination and
successfully completed the painting of 14 homes in the Poinciana Heights neighborhood.
· $.W. Neighborhood President's Council - organized in April, 1998. They meet every other month to
address area-wide issues and concerns.
MuIticultural Festival - successfully organized and carried out (through the SW President's Council)
the first annual Multicultural Festival celebrating the solidarity and commonalties of three (3) ethnic
groups living in the area: Haitian, Latino and African-American.
· Street Patrols - organized and carried out eight (8) street patrol visuals in the southwest and northwest
neighborhoods
· Roving Patrol - maintained active weekly participation in the Roving Patrol volunteer program
established partnership with Community Policing
II. YOUTH DEVELOPMENT - "Collaborative for Excellence"
1. Academic
· In partnership with Class of Palm Beach County, the major academic component supports
scholastic skills. It delivered quality, after-school tutorial assistance to 120 neighborhood youth,
grades K-12, five days a week during the school year.
· Excel Focus V Program - 24 Pine Grove Elementary 5th graders successfully completed the
program. Fifty (50) graduates received mentoring support throughout the school year (Carver
and Omni Middle Schools).
· College Summit Program - 38 middle and high school students participated in a 5-day, 4-state
visit to 16 colleges and universities during their spring break.
2. Cultural
· All America Youth Choir - 40 active participants, ages 4-19 met once per week for 44 weeks; 16
performances throughout Palm Beach County.
· Contemporary Dance - Session I - 12 participants, 8 lessons, 1 performance
Session II - 21 participants, 22 lessons, 2 performances
· Drill Team - 35 participants, ages 8-19, 93 rehearsals, 23 performances
· Photography - Session I - 14 participants, ages 11-18, 18 classes
Session II - 14 students, 15 classes
- both had culminating exhibitions at Palm Beach Photographic Center
· Drama - 12 students, 8 lessons
· Annual National Recording Artist Sponsorship/Walter Whitman - Soul Children of Chicago
3. Recreation
· Facilitation and sponsorship of youth Flag Football League, Little League Baseball, T-Ball, Girl's
Softball and Girl's Basketball; 140 students benefited
· Planned and organized 4 field trips and a back-to-school picnic - 200 students benefited
· After School Recreation Program / Parks and Recreation (partner) - 60 students housed at the
Delray Full Service Center (K-5)
III. FAMILY STRENGTH
In 1998, MAD DADS and Children's Case Management Organization joined forces to maximize service
delivery for neighborhood families in need. Entitled Project Connect Collaborative, the program is based on a
family self-sufficiency model and utilizes a broad range of activities that promote family preservation.
Project Connect serves 113 adults and 265 youth.
FUNDING: See annual budget attached under Exhibit # 2
Organization Chart - Exhibit # 3
MAD DADS OF GREATER
DELRAY BEACH
Neighborhood/Homeowners Associations provided technical assistance
during fiscal 97/98.
1. Carver Square
2. Carver Park
3. Carver Estates
4. Delray Beach Heights
5. Pine Grove/Fall Ridge *
6. Poinciana Heights
7. Rosemont *
8. Sunshine
9. Southridge
10. West Settlers
11. LaPloma *
12. Lincoln Park
13. Merritt Park
14. Paradise Heights *
15. Gateway
16. Ebony *
(*) Represents new associations that were organized during the fiscal year.
EXHIBIT # 1
MAD DADS OF GREATER DELRAY BEACH INC.
BUDGET 1998 - 99
Projected Actual
Budget 98-99 Budget t 997- 98
Revenue
GRANT CCMO - Project Connect $158,580 $155,111
GRANT - PNI $0 $129,046
GRANT CSC - Collaborative for Excellence $58 605 $0
GRANT - CDBG $53 250 $57,000
MacArthur Foundation - Community Planning $50 000 $5,000
Community Foundation $20.000 $16,666
Palm Beach County $20 000 $20,000
Government Drug Free Community Program $50 000 $0
Sun Sentinel McCormick Tribune Foundation $7 500 $5,000
United way $30 000 $20,000
Other Contributions, Fundraising and Interest Income $21 905 $46,364
Total Income $469,840 $454,187
EXPENSES
Salaries - Mad Dads Staff $218,250 $209,830
Salaries - Teachers/Rec. Staff $48,000 $49,000
FICA $20,370 $16,052
Benefits $29,220 $24,000
Choir $19,200 $17,125
Drill Team $7,500 $5,500
Girl's Basket Ball $4,000 $2,500
Little League $4,000 $2,250
Guest Artist $5,000 $5,000
Field trip $9,000 $20,000
Food $3,600 $2,000
Insurance $3,465 $3,800
Miscellaneous Expenses $9,000 $22,580
Office Supplies & Expenses $7,735 $4,250
Printing $1,500 $750
Professional Fees - Audit / Accounting $10,100 $15,000
Professional Fees - Program/Grant/Community PI $40,000 $20,000
Program supplies $4,500 $4,500
Staff Development $6,000 $1,000
Rent - Class $0 $6,000
Telephone $13,200 $8,500
Travel - Milege and Conference $2,700 $8,400
Capital expenditure $3,500 $6,150
Total Expenses $469,840 $454,187
01/19/99 EXHIBIT # 2
EXMIBIT # 3
Date: January 13, 1999 Agenda Item No. ~. ~-~.
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop __ Consent
When: January 19, 1999
Description of Agenda Item:
MAD DADS, Inc. Subrecipient Agreement/Activities
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Commission Action
Department Head Signature: ~~--~'-~~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City Manager Review:
Approved for agenda~ / No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement,S)
Date: January 15, 1999
Re: MAD DADS, Inc. SubreciDient A_~reement/Activities
ITEM BEFORE THE COMMISSION:
Staff response to comments and concerns raised by Mr. Josh Smith regarding the
use of Community Development Block Grant (CDBG) provided to the MAD DADS
organization.
BACKGROUND:
The primary objective of Title I of the Housing and Community Development Act'of
1974, as amended, and of the community development program of each grantee
under the Title is the development of viable urban communities. Communities are
encouraged to do this by providing decent housing and a suitable living environment
and expanding economic opportunities, principally for persons of Iow and moderate
income. Federal regulations governing the CDBG program requires entitlement
cities to spend 70% of its funds for the benefit of Iow- and moderate-income persons.
All activities funded under the program, except for those carded out under the basic
eligibility categories of Program Administration, planning and capacity building must
meet specific tests for one of the National Objectives, which are:
1. Benefiting Iow- and moderate-income persons.
2. Preventing or eliminating slums or blight, or
3. Meeting other community development needs having a particular urgency
because existing conditions pose a serious and immediate threat to the health or
welfare of the community and other financial resources are not available to meet
such needs.
MAD DADS of Greater Delray Beach is a not-for-profit grass roots organization that
we believe is effectively working towards the creation of a suitable living environment
within the established CDBG Target Area. The activities carded out by this
organization benefit Iow- to moderate-income persons. The funding of the
Neighborhood Program Specialist and Project Coordinator positions within the MAD
DADS organization are eligible uses of our Block Grant dollars. Their work is directly
associated with the activities carried out in the target area and benefiting Iow- to
moderate-income persons. In addition, the activities are consistent with the goals
and objectives established by the City Commission as well as those established
under the Housing element of the approved Comprehensive Plan.
Staff receives monthly reports from MAD DADS accounting for and documenting of
performance requirements contained within the Subrecipient Agreement. In addition,
as required under Federal Regulations, the agency is monitored by staff annually for
compliance to regulations governing the documentation of client and financial
records. We regularly attend and/or participate in their neighborhood activities and
have representation on their Board of Directors. The Community Development
Coordinator is responsible for and has direct communication with the Executive
Director on a regular basis, addressing any concerns, providing technical assistance
or in some cases, assisting with the planning and implementation of proposed
activities.
In summary, staff believes MAD DADS has done an excellent job of identifying and
getting new funding to support programs and activities carried out by them. The
City's first year funding award (1994) to MAD DADS was at $33,000 for one position.
The 1995 funding was increased to $58,500 in support of two (2) positions; the
agency's annual award in 1998 (still at 2 positions) is at $53,000 and covers
approximately 90% of the two positions. Their total budget has grown from $58,500
of 100% City funding to a little over $450,000 in 1998, with the City's contribution
being approximately 12% of their total budget. The current staffing levels and
annual salaries appear to be consistent with positions and agency's doing similar
work throughout Palm Beach County.
RECOMMENDATION:
City Commission consideration of the facts as presented by MAD DADS of Greater
Delray Beach and the Community Improvement staff in response to concerns raised
by Mr. Josh Smith.
· Page 2
MAD DADS OF GREATER DELRAY BEACH
141 S.W. 12th Avenue
Delray Beach, FL
Phone: 561.276.6755
Fax: 561.279.7606
BOARD OF DIRECTORS
AL WILLIAMS
LULA BUTLER
I~ Pres/d~t
MICHAEL WRIGHT
5e, ret,~j
~CH^ELMANN~NO January 12, 1999
·.oms. EPP~m Mr. David Harden
RoB~R* ~.R City Manager
· OMS~CCONE City of Delray Beach
100 NW 1st Avenue
'~MCCOLLOM Delray Beach, FL 33444
TAMMY ANDERSON
~AVARO SIMS Dear Mr. Harden:
CLOVIS MOODIE
CHA~ ~¥ In response to Dr. Josh Smith's request for placement on the agenda for the January 19,
~,~o~ 1999 meeting of the Delray Beach City Commission, I submit the enclosed document
which directly addresses various items stated by Dr. Smith in his request, dated 1/6/99.
If you have any questions or need further information about MAD DADS of greater
Delray Beach, do not hesitate to call me.
Sincere yy s,/? // /Cfi
Mr. Charles "Chuck" Ridley
Executive Director
MAD DADS of Greater Delray Beach
In FY 97-98, MAD DADS effectively met most of the goals established for the fiscal year. The activities
carried out have contributed to an environment in which the Drug and Crime-Free Community Programs
have achieved great strides in combating illegal drug activities through three programs: (1) Neighborhood
Stabilization, (2) Youth Development (called "Collaborative for Excellence") and (3) Family Strengthening.
A summary of this year's performance under each program are listed below:
I. NEIGHBORHOOD STABILIZATION
The MAD DADS target area is defined by Lake Ida Road to the north, Swinton Avenue to the east, Linton
Boulevard to the south and 1-95 to the west. During FY 97-98, MAD DADS Neighborhood Coordinator
provided technical assistance to 16 new and/or existing neighborhood associations. These associations
impact over 500 households representing approximately 2,300 residents. Structuring the Neighborhood
Associations is done in partnership with the City of Delray Beach Neighborhood Coordinator. (see Exhibit
#1)
In addition, other activities done by the MAD DADS Neighborhood Coordinator, its volunteers and in
some cases, through partnership with the City's Community Improvement Department are:
· Annual Paint Up Delray Project - produced 250 volunteers who assisted in the coordination and
successfully completed the painting of 14 homes in the Poinciana Heights neighborhood.
· S.W. Neighborhood President's Council - organized in April, 1998. They meet every other month to
address area-wide issues and concerns.
· Multicultural Festival - successfully organized and carried out (through the SW President's Council)
the first annual Multicultural Festival celebrating the solidarity and commonalties of three (3) ethnic
groups living in the area: Haitian, Latino and African-American.
· Street Patrols - organized and carried out eight (8) street patrol visuals in the southwest and northwest
neighborhoods
· Roving Patrol - maintained active weekly participation in the Roving Patrol volunteer program
established partnership with Community Policing
II. YOUTH DEVELOPMENT - "Collaborative for Excellence"
1. Academic
· In partnership with Class of Palm Beach County, the major academic component supports
scholastic skills. It delivered quality, after-school tutorial assistance to 120 neighborhood youth,
grades K-12, five days a week during the school year.
· Excel Focus V Program - 24 Pine Grove Elementary 5· graders successfully completed the
program. Fifty (50) graduates received mentoring support throughout the school year (Carver
and Omni Middle Schools).
· College Summit Program - 38 middle and high school students participated in a 5-day, 4-state
visit to 16 colleges and universities during their spring break.
2. Cultural
· All America Youth Choir - 40 active participants, ages 4-19 met once per week for 44 weeks; 16
performances throughout Palm Beach County.
Contemporary Dance - Session I - 12 participants, 8 lessons, 1 performance
Session II - 21 participants, 22 lessons, 2 performances
· Drill Team - 35 participants, ages 8-19, 93 rehearsals, 23 performances
· Photography - Session I - 14 participants, ages 11-18, 18 classes
Session II - 14 students, 15 classes
- both had culminating exhibitions at Palm Beach Photographic Center
· Drama - 12 students, 8 lessons
· Annual National Recording Artist Sponsorship/Walter Whitman - Soul Children of Chicago
3. Recreation
· Facilitation and sponsorship of youth Flag Football League, Little League Baseball, T-Ball, Girl's
Softball and Girl's Basketball; 140 students benefited
· Planned and organized 4 field trips and a back-to-school picnic - 200 students benefited
· After School Recreation Program / Parks and Recreation (parl~er) - 60 students housed at the
Delray Full Service Center (K-5)
III. FAMILY STRENGTH
In 1998, MAD DADS and Children's Case Management Organization joined forces to maximize service
delivery for neighborhood families in need. Entitled Project Connect Collaborative, the program is based on a
family self-sufficiency model and utilizes a broad range of activities that promote family preservation.
Project Connect serves 113 adults and 265 youth.
FUNDING: See annual budget attached under Exhibit # 2
Organization Chart - Exhibit # 3
MAD DADS OF GREATER
DELRAY BEACH
Neighborhood/Homeowners Associations provided technical assistance
during fiscal 97/98.
1. Carver Square
2. Carver Park
3. Carver Estates
4. Delray Beach Heights
5. Pine Grove/Fall Ridge *
6. Poinciana Heights
7. Rosemont *
8. Sunshine
9. Southridge
10. West Settlers
11. LaPloma *
12. Lincoln Park
13. Merritt Park
14. Paradise Heights *
15. Gateway
16. Ebony *
(*) Represents new associations that were organized during the fiscal year.
FO[HIBIT # 1
MAD DADS OF GREATER DELRAY BEACH INC.
BUDGET 1998 - 99
Projected Actual
Budget 98-99 Budget 1997- 9~
Revenue
GRANT CCMO - Project Connect $158,580 $155,111
GRANT- PNI $0 $129,046
GRANT CSC - Collaborative for Excellence $58,605 $0
GRANT - CDBG $53 250 $57,000
Mac, Arthur Foundation - Community Planning $50 000 $5,000
Community Foundation $20 000 $16,666
Palm Beach County $20 000 $20,000
Government Drug Free Community Program $50 000 $0
Sun Sentinel McCormick Tribune Foundation $7 500 $5,000
United way $30 000 $20,000
Other Contributions, Fundraising and Interest Income $21 905 $46,364
Total Income $469,840 $454,187
EXPENSES
Salaries - Mad Dads Staff $218,250 $209,830
Salaries - Teachers/Rec. Staff $48,000 $49,000
FICA $20,370 $16,052
Benefits $29,220 $24,000
Choir $19,200 $17,125
Drill Team $7,500 $5,500
Girl's Basket Ball $4,000 $2,500
Little League $4,000 $2,250
Guest Artist $5,000 $5,000
Field trip $9,000 $20,000
Food $3,600 $2,000
I nsu rance $3,465 $3,800
Miscellaneous Expenses $9,000 $22,580
Office Supplies & Expenses $7,735 $4,250
Printing $1,500 $750
Professional Fees - Audit / Accounting $10,100 $15,000
Professional Fees - Program/Grant/Community PI $40,000 $20,000
Program supplies $4,500 $4,500
Staff Development $6,000 $1,000
Rent - Class $0 $6,000
Telephone $13,200 $8,500
Travel - Milege and Conference $2,700 $8,400
Capital expenditure $3,500 $6,150
Total Expenses $469,840 $454,187
01/19/99 EXHIBIT # 2
EXHIBIT # 3
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement
Date: January 14, 1999
Re: Appointments to the City's Millennium Committee
ITEM BEFORE THE COMMISSION:
City Commission approval to establish and appoint members to the City of Delray Beach's Millennium
Committee.
BACKGROUND:
The City in partnership with Joint Venture and Old School Square is proceeding with plans to celebrate
the new Millennium for the years 2000 and 2001. Staff is recommending the establishment of a
steedng committee that will be responsible for planning and submitting for your approval special event
activities that will be of benefit to and include participation from the entire community. The steedng
committee will solicit volunteer participation from a host of residents, businesses and community
leaders through sub-committees that will help carry out the planned activities. We anticipate hundreds
of volunteers through this process. Staff is recommending the following persons be appointed as
members of the Millennium steedng committee:
Joe Gillie - Director, Old School Square
Majode Ferrer- Director, Joint Venture
Lula Butler, Director, Community Improvement
Frank McKinney, Chairperson, Chamber of Commerce Board of Directors
Lisa Bdght - Executive Director, Milagro Center
Diane Dominguez - Director, Planning & Zoning
Tommy Stevens - Chairperson, Roots Cultural Festival
Tony Newbold - Florida Power & Light Company
Shidey Johnson - President, Paradise Neighborhood Association
Sue Kay - Resident, Andover
Richard Hasner- Castle Florida Building Corp.
Shelly Well - Hamlet Homeowners Association
RECOMMENDATION:
Staff is recommending City Commission ratify the appointments of the members of the Millennium
Steedng Committee as proposed by staff.
Date: January 13, 1999 Agenda Item No. ~. ~0,
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular ~ Special ~ Workshop __ Consem
When: January 19, 1999
Description of Agenda Item:
Appointments to the City's Millennium Committee
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attomey Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City Manager Review:
Approved for agenda:~ / No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
£1TV OF DELI:lAY BEI:I£H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F L o K I ~ A
~ MEMORAND~
Al~Ame~ca C~
TO: City Co~issio~
1993 ~ ~
PRO~: Brian Shu~, Assistant City Attorney
SUBJECT: Bookbinder v..City of Delrav Beach, Demand for Judgment
Our office received a Demand for Judgment in the case of Dorothy Bookbinder v. City
of Delray Beach in the amount of $10,000.00. We have negotiated a lesser amount
subject to City Commission approval.
This case arose out of a trip and fall at the intersection of S.E. 4th Avenue and Via
Devitt that occurred on December 6, 1997. Ms. Bookbinder was walking from the alley
located on the north side of the public library toward the sidewalk located on the west
side of S.E. 4th Avenue when she tripped and fell on part of the sidewalk curbing.
Construction improvements on the sidewalk area in question along with a portion of the
alley and S.E. 4th Ave. had recently been completed prior to her fall. The Plaintiff
alleges the design of the sidewalk created a dangerous condition that required a warning.
The Plaintiff suffered a broken right wrist and claims carpal tunnel syndrome as a result
of the fall.
After the filing of the demand for judgment and after negotiations with our office, the
Plaintiff, through her attorney, has offered to settle this case for $8,500.00, which
includes all attorney's fees and costs. If the Commission accepts this offer, our office
will obtain a complete release from Ms. Bookbinder for all of her claims. Frank Babin,
Risk Manager, concurs in this settlement agreement. Our office recommends acceptance
of this offer.
By copy of this memorandum to David Harden, City Manager, our office requests that
this matter be placed on the January 19, 1999 City Commission agenda. Please call if
you have any questions.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~' - REGULAR MEETING OF JANUARY 19, 1999
DIRECTION CONCERNING BOARD APPOINTMENT RESTRICTIONS
DATE: JANUARY 15, 1999
Attached is a memorandum from Pat Warren, Executive Assistant in
the Clerk's office, concerning the issue of board appointment
restrictions. The gray area seems to be with serving on the
Parking Management Advisory Board while at the same time serving
on a board that has the authority to make final decisions such as
the Planning and Zoning Board or the Board of Adjustment.
In reviewing the establishment of the Parking Management Advisory
Board, it seems that this issue was addressed with the conclusion
being that the duties of the parking board are strictly advisory
and thus do not represent a dual office holding situation. A
copy of my memorandum dated December 9, 1997, in this regard is
attached.
However, in September, 1998, the issue was raised again as
indicated in the excerpt from the minutes of September 15, 1998.
In response, the City Attorney drafted an amendment to the City
Code to allow concurrent membership where the ordinance or
resolution specifically provides that membership on one or more
advisory boards or committees is permissible if not otherwise
prohibited.
Commission direction is requested.
ref:agmemol5
MEMORANDUM
TO: David T. Harden, City Manager ~;)/~
FROM: Patricia Warren, Executive Assistant
DATE: January 12, 1999
SUBJECT: BOARD APPOINTMENT/RESTRICTIONS
The issue of board appointment/restrictions has surfaced again. Mr. Egan
appointed Marion Mclntyre as an alternate member on the Board of Adjustment
on September 15, 1998; he then amended his motion for appointment, subject to
it being in compliance with the policy of the City Commission with respect to
serving on two boards. Consequently Ms. Mclntyre hasn't been notified of her
appointment, waiting action by the Commission; (Ms. Mclntyre currently serves
as Citizen-at-Large on the Parking Management Advisory Board). At this time
the Board of Adjustment lacks an alternate member thereby sometime posing the
problem of having a quorum.
At this time we have two (2) board members who serve on the Parking
Management Advisory Board as well as other boards. Perry DonFrancisco
represents the Chamber and is a regular member on the Board of Adjustment;
Robin Bird represents the Planning and Zoning Board and is a regular member
on the same board.
For your review, I have attached a copy of Susan Ruby's memorandum of
September 22, 1998, addressing the board appointment restrictions, including a
draft amendment to the City Code of Ordinances.
Please advise.
cc: Susan Ruby, City Attorney
Mr. Egan moved to approve the settlement as recommended
by the City Attorney, seconded by Mr. Schmidt. Upon roll call
the Commission voted as follows: Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan
- Yes. Said motion passed with a 5 to 0 vote.
9.0. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint a member to the Historic Preservation Board for a two
year term ending August 31, 2000. The appointment will be made
by Commissioner Ellingsworth.
Mr. Ellingsworth moved to appoint William Griffin to
the Historic Preservation Board for a two year term ending August
31, 2000. The motion was seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
9.R. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two
alternate members to the Board of Adjustment to fill unexpired
terms ending August 31, 1999. The appointments will be made by
Commissioner Schmidt and Commissioner Egan.
Mr. Schmidt asked that his appointment be deferred
since he has a question about whether one of the applicants can
be appointed and the City Attorney is going to look into the
matter.
Mr. Egan moved to appoint Marion Knott McIntyre as an
alternate member on the Board of Adjustment to fill an unexpired
term ending August 31, 1999. He noted that Ms. McIntyre also
serves on the Parking Management Advisory Board although it is
his understanding that she may also serve on the Board of Adjust-
ment since the Parking Board is purely advisory. The motion was
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
Discussion followed on the City's policy against
allowing one individual to serve on two regular boards at the
same time. The City Attorney stated she would review the matter
and report back to the Commission.
Mr. Egan amended his motion for appointment, subject to
it being in compliance with the policy of the City Commission
with respect to serving on two boards; if it is not, then the
appointment shall be null and void. Mr. Schmidt amended his
second. Upon roll call the Commission voted as follows on the
amended motion: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
-31- 9/15/98
[IT¥ DF gEL/II:IV BEI:IgH
CITY ATTORNEY'S OFFICE ~'"',.,,:~,,.,,~,~.~"'" ~' ..,.;;~,~.~.^"~"~" ~'~"~ ~^c,,, ~,.o~^ .~
DELRAY BEACH Writer's Direct Line: 561/243-709l
Ali.America Cily
DATE: September 22, 1998
City Commission
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
FROM: Susan A. Ruby, City Attorney
SUBJECT: Board Appointments/Restrictions
The Commission asked at last week's meeting, whether a person may serve on more
than one City Board.
The Florida Constitution prohibits dual office holding, i.e. holding two positions which
exercise a portion of the City's sovereign power. Some boards or committees whose
membership has final authority to approve or deny an application or policy, for example,
would be deemed to be holding office and thus may not serve on another board with
similar powers.
In addition, the City's Code of Ordinances, Section 32.08 places further restrictions on
serving on more than one committee or advisory board. Section 32.08(E) prohibits a
member of an advisory board or committee from serving on another advisory board or
committee concurrently, except that a member may serve on a task force or ad-hoc
committee upon approval by the City Commission in addition to holding advisory board
or committee membership.
Attached is a draft amendment to the City's Code of Ordinances to allow concurrent
membership where the ordinance or resolution specifically provides that membership on
one or more advisory board or committee members is permissible if not prohibited by
state law or the Florida Constitution. Attached is a draft of such an amendment.
Attachment
Ix~a rd. sa r
ORDINANCE NO. .
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS, AND COMMISSIONS", SUB-HEADING, "ADVISORY
BOARDS AND COMMITTEES", SECTION 32.08, "LENGTH OF
TERMS; RESTRICTIONS", BY AMENDING SUBSECTION (E), TO
PROVIDE THAT THE PROHIBITION OF SERVING ON TWO OR
MORE ADVISORY BOARDS OR COMMITTEES CONCURRENTLY
DOES NOT APPLY IF AN ORDINANCE OR RESOLUTION
EXPRESSLY AUTHORIZES INCLUSION OF MEMBERS OF
OTHER ADVISORY BOARDS OR COMMITTEES WHERE NOT
PROHIBITED BY STATE LAW OR THE FLORIDA
CONSTITUTION; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that unless prohibited by state law or
the Florida Constitution, it is beneficial to the City that certain advisory boards and committees where
the enacting ordinance or resolution provides for membership on two or more advisory boards or
committees, by expressly authorizing members to consist of other advisory board or committee
members; and,
WHEREAS, the City Commission desires to clarify its existing ordinance to reflect its
determination that an exception to the limitation on serving on two boards concurrently, as currently
described in the ordinance, is beneficial to the citizens of Delray Beach when the authorizing ordinance
or resolution authorizes such concurrent membership.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended by amending Chapter 32, "Departments, Boards and Commissions", Subheading "Advisory
Boards and Committees", Section 32.08, "Length of Terms; Restrictions", by amending Subsection (E)
to read as follows:
(E) No member shall be authorized to serve on two or more advisory boards or
committees concurrently except where an ordinance or resolution expressly provides for inclusion
of members of other advisory boards and committees, unless prohibited by state law or Florida
Constitution. ~, aA member may serve on a task force or ad-hoc committee upon
approval by the City Commission in addition to holding an adviso.ry board or committee
membership without an ordinance or resolution providing for inclusion of members from other
advisory boards and committees.
~. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portions 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.
~. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
boardl .ord
2 ORD NO.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~G- REGULAR MEETING OF DECEMBER 9, 1997
RESOLUTION NO. 88-97 (PARKING MANAGEMENT TEAM)
DATE: DECEMBER 5, 1997
At the October 28th workshop, the City Commission was asked to
review the 1992 resolution that created the Parking Management
Team (PMT) and provide direction on whether or not to formally
establish the board as an advisory body. Direction was also
requested on membership, responsibilities, staff support and
various other aspects. It was the consensus of the Commission to
establish the PMT as a formal advisory body, subject to the City
Attorney's review of the dual office holding aspect.
The City Attorney researched this matter and presented her
opinion by memorandum to the City Commission dated November 18,
1997 (copy attached). In summary, the Commission may create the
Parking Management Team as an official board of the City. If the
Commission keeps the duties of the board as strictly advisory,
the members of the Parking Management Team would not be holding
"office" and the appointment of a CRA, DDA or P&Z member would
not present a dual office holding violation of the Florida
Constitution.
Resolution No. 88-97 establishing the Parking Management Team as
a formal advisory board is before the Commission for
consideration. The board will be composed of seven (7) members
and will function in a manner similar to the other boards of the
City.
If the resolution is acceptable to the City Commission as
drafted, I recommend that it be approved. If changes are
desired, direction should be provided. Once finalized, staff
will begin the process to secure applications for consideration
and formal appointment by the Commission.
ref:agmemo7
[IT¥ JIF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE
TELEPHONE 56
~.~dca Ci~ ~MO~~
~ TO: Ci~ Co~ssion
FROM: Sus~ A. Ruby, Ci~ Auomey
S~CT: Par~g M~gement Te~ Proposed Members~p Dual O~ce
Hold~g
The City Commission was advised by the Parking Management Team that they wished to
become an official City Board. The proposed Parking Management Team Board
(PMTB) includes a CRA, DDA, and P&Z member. Our office researched the
constitutionality of including a CRA, DDA and P&Z member.
The Florida Constitution, Article II, Section V(a), prohibits the holding of more than one
"office". An "office" is a position which exercises a portion of the sovereign power.
State ex rel. Holloway v. Sheats, 83 So.2d 508 (Fla. 1919); AGO 9045. It is the nature
of the powers and duties permitted to be exercised as a board which determines whether
a member is holding an "office." Serving on a board that is an advisory body only
would not constitute the holding of an "office." For example, the Attorney General has
opined that a member of a planning and zoning board, having only advisory powers, was
not holding an office for constitutional purposes (AGO-86-185).
However, the Attorney General's Office has opined that a county planning and zoning
board member sitting on a planning board that made some final decisions appealable to
the County Commission was holding an "office." AGO 90-33. Therefore, the City's
P&Z members having similar powers to those referred to in AGO 90-33 would be
holding "office. '
Therefore, if the City Commission delegates powers to the PMTB which constitute a
grant of final authority appealable to the City Commission, or appealable to circuit
court, the PMTB Board members would be deemed to be holding office, and a P&Z
board member would be prohibited from holding both offices unless the "allied duties"
exception referred to below was applicable. If, however, the PMTB duties were
City Commission
November 18, 1997
Page 2
advisory only, then there would not be a dual office holding prohibition with or without
applying the "allied duties" exception. The "allied duties" exception allows membership
on two boards where the duties of both boards are closely and definitively allied. In
such cases, the newly assigned duties are viewed merely as an addition to existing
responsibilities and are not violative of the dual office holding prohibition. See, City. of
Rivera Beach v. Palm Beach Coun_ry Solid Waste Authority, 502 So.2d (Fla. 4DCA
1987); State v. Florida State Turnpike Authority., 80 So.2d 337 (Fla. 1955). It is my
recommendation that if the Commission decides to give the PMTB more than advisory
powers and decides to give PMTB responsibility to exercise a portion of the City's
sovereign power, that an Attorney General Opinion be obtained. The purpose of
obtaining the Attorney General Opinion would be to determine if the duties of the PMTB
are definitively allied with existing P&Z functions and thus, would not violate the dual
office holding prohibition, and to determine if there would be a conflict of interest. In
the alternative, the City may want to make the PMTB an official City board with
advisory powers only so as to circumvent any potential claim of dual office holding.
Turning now to the CRA member issues, Florida Statutes §163.367 prohibits CRA board
.members from holding another office. Thus, if the PMTB were given more than
advisory powers (constituting an office) the CRA member could not serve on the board.
It is my opinion that the "allied duties" exception set forth above would not apply to the
CRA member. The exception appears to have been negated for CRA members by
statute. Therefore, only if the PMTB duties are solely advisory would it not constitute
an office, and under the statute, the CRA member could serve on the PMTB.
Contrarily, if the PMTB duties are more than advisory, the CRA member could not
serve on the board.
The DDA membership on the PMTB is governed by Special Act. The Special Act,
Section 4, provides, "It [the DDA] is hereby constituted a body corporate and an agency
of the City; and performance by the authority of its duties and exercise of its powers are
hereby designated municipal functions and shall be so construed." Further-in Section 4,
subsection (c) of the Act, the Act provides that to qualify or remain qualified for
membership on the DDA, a prospective or current member "... shall not [serve] as a city
· officer or employee."
The Supreme Court has stated that a special district created to perform a special
governmental function would not constitute an "office" and thus there would be no dual
office holding prohibition. In re: Advisory Qpinion to the Governor - Dual Office
:[t.o.l.~ag, 630 So.2d 1055 (Fla. 1994). However, in this case, the special act governing
the DDA would appear to provide otherwise prohibiting a DDA member serving as a
City officer. If, however, the PMTB is given advisory powers only, the DDA member
could serve on the PMTB without being considered a City officer.
City Commission
November 18, 1997
Page 3
In summary, the Commission may create the PMTB as an official board of the City. If
the Commission keeps the duties of the board as strictly advisory, the members of the
PMTB would not be holding "office" and the appointment of a CRA, DDA or P&Z
member would not present a dual office holding violation of the Florida Constitution.
Please call if you have any questions.
cc: David T. Harden, City Manager
Alison Harry, City Clerk
Diane Dominguez, Planning & Zoning Director
dualofc.sar
[lTV OF [IELRR¥ BER[H
CITY ATTORNEY'S OFFICE ~"~' ~'~ *~ ^~'":~'~' ~'~"'~' ~^~"' ~['~[~ ~'"
DELRAY BEACH Writer's Direct Line: 561/243-7091
lll.l~dca City
DATE: September 22, 1998
TO: City Co~ission
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
FROM: torney
SUBJEC~ /.tx)/ ~']/~ strictions
The Corn J ; meeting, whether a person may serve on more
than one, -- C~II~lq~'
The Flori ~ ,q I office holding, i.e. holding two positions which
exercise ~ v ~)O~no~ eign power. Some boards or committees whose
membersl tn rr ',-' ' ore or deny an application or policy, for example,
would be ~. and thus may not serve on another board with
similar pc
In additio trices, Section 32.08 places further restrictions on
serving on more than one committee or advisory board. Section 32.08(E) prohibits a
member of an advisory board or committee from serving on another advisory board or
committee concurrently, except that a member may serve on a task force or ad-hoc
committee upon approval by the City Commission in addition to holding advisory board
or committee membership.
Attached is a draft amendment to the City's Code of Ordinances to allow concurrent
membership where the ordinance or resolution specifically provides that membership on
one or more advisory board or committee members is permissible if not prohibited by
state law or the Florida Constitution. Attached is a draft of such an amendment.
Attachment
board.sar
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS, AND COMMISSIONS", SUB-HEADING~ "ADVISORY
BOARDS AND COMMITTEES", SECTION 32.08, "LENGTH OF
TERMS; RESTRICTIONS", BY AMENDING SUBSECTION (E), TO
PROVIDE THAT THE PROHIBITION OF SERVING ON TWO OR
MORE ADVISORY BOARDS OR COMMITTEES CONCURRENTLY
DOES NOT APPLY IF AN ORDINANCE OR RESOLUTION
EXPRESSLY AUTHORIZES INCLUSION OF MEMBERS OF
OTHER ADVISORY BOARDS OR COMMITTEES WHERE NOT
PROHIBITED BY STATE LAW OR THE FLORIDA
CONSTITUTION; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that unless prohibited by state law or
the Florida Constitution, it is beneficial to the City that certain advisory boards and committees where
the enacting ordinance or resolution provides for membership on two or more advisory boards or
committees, by expressly authorizing members to consist of other advisory board or committee
members; and,
WHEREAS, the City Commission desires to clarify its existing ordinance to reflect its
determination that an exception to the limitation on serving on two boards concurrently, as currently
described in the ordinance, is beneficial to the citizens of Delray Beach when the authorizing ordinance
or resolution authorizes such concurrent membership.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended by amending Chapter 32, "Departments, Boards and Commissions", Subheading "Advisory
Boards and Committees", Section 32.08, "Length of Terms; Restrictions", by amending Subsection (E)
to read as follows:
(E) No member shall be authorized to serve on two or more advisory boards or
committees concurrently except where an ordinafice or resolution expressly provides for inclusion
of members of other advisory boards and committees, unless prohibited bv state law or Florida
Constitution. t4owev~, aA member may serve on a task force or ad-hoc committee upon
approval by the City Commission in addition to holding an adviso.ry board or committee
membership without an ordinance or resolution providing for inclusion of members from other
advisory boards and committees.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portions thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
boardl .ord
2 ORD NO.
MEMORANDUM
TO: MAYOR AND CITY C~MMISSIONERS
FROM: CITY MANAGER~k'I
SUBJECT: AGENDA ITEM ~,~.- REGULAR MEETING OF JANUARY 19, 1999
APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD
DATE: JANUARY 15, 1999
Marion McIntyre's term as the citizen-at-large representative on
the Parking Management Advisory Board expires on January 31, 1999.
The board's membership was amended to include the citizen-at-large
position by Resolution No. 10-98 adopted by the City Commission on
January 20, 1998. Ms. McIntyre was appointed to serve the initial
one year term. She is eligible and has asked to be considered for
reappointmento The term is for two years, ending January 31,
2001.
As of this date, Ms. McIntyre is the only individual who has
submitted an application for consideration.
Pursuant to Commission direction, a check for code violations
and/or municipal liens was conducted. None were found.
According to the rotation schedule, the appointment will be made
by Commissioner Schmidt (Seat #1).
Recommend appointment of a citizen-at-large representative to the
Parking Management Advisory Board for a two year term ending
January 31, 2001.
ref:agmemol7
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MA_NAGER'~~,~
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JANUARY 19, 1999
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
DATE: JANUARY 15, 1999
Martin Bellsey's term as a regular member (layperson) on the Code
Enforcement Board expired on January 14, 1999. Mr. Bellsey was
initially appointed in September, 1997, to fill an unexpired term.
He is eligible and would like to be considered for reappointment.
The term is for three years, ending January, 2002.
There is also a vacancy on the board for a regular member
(subcontractor position) to fill an unexpired term ending January
14, 2000, and a vacancy for an alternate member to serve a full
three year term.
All members of the Code Enforcement Board must be residents of the
City. Appointments to both regular and alternate member positions
shall be made on the basis of experience or interest in the fields
of zoning and building control. The membership shall, whenever
possible, include an architect, a businessperson, an engineer, a
general contractor, a subcontractor and a realtor.
While we have not received any applications specifically for the
subcontractor position, the following applications have been
received for consideration:
Martin Bellsey (incumbent/layperson)
George Brewer (architect)
Roger M. Simon (real estate)
Kevin Warner (engineer)
A check for municipal liens and/or code violations was conducted.
None were found.
The appointment will be made as follows:
Commissioner Ellingsworth - Regular member/layperson
Commissioner Randolph - Regular member/subcontractor
Mayor Alperin - alternate member
Recommend appointment of two regular members and one alternate
member to the Code Enforcement Board as outlined above.
ref:agmemol
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
HOME-~DDRESS (Street, City, Zip Code) CLEG--AL RESIDENCE)'--'
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
Ho~ P~ONE ~-7 4-~ g c~7~ BUS~NESS PHONE
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates~ ~
LIST ~Y RELATED PROFESSION~ CERTIFICATION~ ~ LICENSES ~ICH YOU HOLD
GIrD ~OU~ PR~ENT. O~ ~O~T ~C~NT ~LOyER. ~D POSITION
BO.~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY 'THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
r'~ SIGNATURE ~--- ' / DATE
4/90
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mh_N'AGER~
SUBJECT: AGENDA ITEM~ - REGULAR MEETING OF JANUARY 19, 1999
ORDINANCE NO. 2-99 (REZONING FOR LOTS IN BLOCK 2,
SOUTHRIDGE SUBDIVISION)
DATE: JAlXrUARY 14, 1999
This is second reading and a quasi-judicial public hearing for
Ordinance No. 2-99 which rezones Lot 8 and Lots 35 through 40,
Block 2, Southridge Plat 1 of 2, from RO (Residential Office)
District, in part, and R-1-A (Single Family Residential), in part,
to CF (Community Facilities) District. The subject properties are
located on the north side of Southridge Road, between South
Swinton Avenue and S.W. 4th Avenue.
A portion of the property has been utilized as a group home since
1982. The proposed rezoning is necessary in order for the
existing group home to expand to the west and north. While the
City has not received a formal development application, a
conceptual development plan has been submitted which indicates the
removal of an office trailer and construction of an additional
9,500 square feet of floor area. The building addition will be a
two-story facility with a dining hall, kitchen facility and 16
dormitory rooms.
The Planning and Zoning Board considered the request at a public
hearing on December 21, 1998, and voted 5 to 0 to recommend
approval of the rezoning, based on positive findings with respect
to Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of
the Land Development Regulations, and policies of the
Comprehensive Plan.
At first reading on January 5, 1999, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 2-99 on second and final
reading, based upon the findings and recommendation of the
Planning and Zoning Board.
ref: agmemol9
ORDINANCE NO. 2-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-A (RESIDENTIAL SINGLE FAMILY)
DISTRICT, IN PART, AND RO (RESIDENTIAL OFFICE)
DISTRICT, IN PART, IN THE CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE
OF SOUTHRIDGE ROAD BETWEEN SOUTH SWINTON AVENUE AND
S.W. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned R-1-A (Single Family Residential)
District, in part, and RO (Residential Office) District, in part; and
WHEREAS, at its meeting of December 21, 1998, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted 5 to 0 to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
Lot 8, Block 2, of Southridge Plat 1 of 2,
according to the Plat thereof as recorded in Plat
Book 13, Page 38, of the Public Records of Palm
Beach County, Florida;
TOGETHER WITH
Lots 35 through 40, inclusive, Block 2, Plat 1 of
2, Southridge, according to the Plat thereof
recorded in Plat Book 13, Page 38, of the Public
Records of Palm Beach County, Florida.
The subject property is located on the north side
of Southridge Road between South Swinton Avenue and
S.W. 4th Avenue; containing 0.796 acres, more or
less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 19th day of January , 1999.
ATTEST:
~ City C]6~rk
First Reading January 5, 1999
Second Reading January 19, 1999
- 2 - Ord. No. 2-99
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J DELRA Y INDUSTRIAL PARk LINTON CENTER
N - REZONING-
FROM: RO (RESIDENTIAL OFFICE) &: R-1-A (SINGLE FAMILY RESIDENTIAL)
CITY OF DELRAY BEACH, FL
PLANNINC & ZONINC DEPARTMENT TO: CF (COMMUNITY FACILITIES)
DI(~I~'AI ~,~$E /iZ4P SYS~'E/~ -- MAP REr: LM307
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: December 21, 1998
AGENDA ITEM: VI.B.
ITEM: Rezoning From RO (Residential Office) in Part and R-1-A (Single Family
Residential) in Part to CF (Community Facilities) Zoning District for a Parcel
of Land Located West of South Swinton Avenue, Between Southridge
Road and Sterling Avenue.
GENERAL DATA:
Agent .............................. Anna S. Cottrell & Assoc., Inc.
Anna S. Cottrell, AICP
Location .......................... Located west of South Swinton
Avenue, between Southridge
Road and Sterling Avenue
Property Size .................. 0.796 Acre
Future Land Use Map ..... Low Density (0-5 d.u./ac.) &
Medium Density (5-12 d.u./ac.)
Current Zoning ................ RO (Residential Office) & R-l-
A (Single Family Residential)
Proposed Zoning ............. CF (Community Facilities)
Adjacent Zoning .... North: R-1-A
East: R-1-A & I (Industrial)
South: I & MIC (Mixed Industrial &
Commercial)
West: R-1-A
Existing Land Use ........... Group Home
Proposed Land Use ........ Rezoning to a more
appropriate Zoning Designation
to accommodate the type of
use,
Water Service ................. Existing on Site.
Sewer Service ................. Existing on Site.
VI.B.
The item before the Board is that of making a recommendation to the City
Commission on a privately initiated rezoning request from RO (Residential
Office) and R-1-A (Single Family Residential) to CF (Community
Facilities), pursuant to Section 2.4.5(D).
The subject property is located at the northwest corner of the intersection
of Swinton Avenue and Southridge Road.
Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board)
shall review and make a recommendation to the City Commission with
respect to rezoning of any property within the City.
The .796 acre parcel contains a 2-story structure and an office trailer. A portion of this
property is currently utilized as a shelter for victims of domestic violence and their
children. The property was originally occupied by the South County Drug Abuse
Foundation as an adolescent residential facility.
A portion of the property was rezoned in June 1982 from R-1-A (Single Family
Residential) to SAD (Special Activities District). The City approved concurrent
conditional use and site plan applications for an Adolescent Residential Facility (South
County Drug Abuse Foundation) with the rezoning application. The approval included
Lots 35 through 40, Block 2, Plat 1 of 2, of the Southridge subdivision. In June 1986,
the City Commission amended the conditional use approval to change the allowed use
of the property from Adolescent Residential Facility to Residential Facility. The
Residential Facility allows for the use of the property as a shelter for victims of domestic
violence and their children. The property was subsequently rezoned on October 1,
1990 by a city-initiated citywide rezoning application from SAD to RO.
However, the FLUM designation remained Medium Density Residential, creating an
inconsistency between the FLUM and the zoning designation. The site plan was
amended on May 27, 1992 to allow a trailer for office purposes. Subsequent to that
approval, the owners of the property have submitted four site plan modification
applications. These modifications were for additions or changes to provide fencing
around the property including Lot 8, Block 2 of the Southridge Plat.
The proposal is to change the zoning designation of the property from R-1-A and RO to
CF. The City has not received a formal development application. However, a
conceptual development plan has been submitted. Essentially, the applicant proposes
to incorporate Lot 8 with Lots 35 through 40, Block 2 Southridge subdivision in order to
expand the existing abused spouse residence. The conceptual plan indicates the
P & Z Board Staff Report
Rezoning from RO and R-1-A to CF for AVDA
Page 2
removal of the trailer and construction of an additional 9,500 square feet of floor area.
The existing building will be expanded on the west side and continued to Lot 8 on the
north. This building addition will be a 2-story facility with a dining hall and kitchen facility
on the west and 16 dormitory rooms. The conceptual plan indicates that the existing
parking lot will be redesigned and include landscape areas.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations.
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
Abused Spouse Residences are permitted uses in the CF (Community Facilities)
district. The proposed CF zoning category is consistent with the MD (Medium Density)
and LD (Low Density) Future Land Use Map designations. The proposed rezoning is
necessary since the RO district is not compatible with the underlying MD land use
district. Furthermore, Abused Spouse Residences are not allowed in the R-1-A zoning
district (Lot 8, Southridge subdivision). Consequently, the property must be rezoned in
order for the proposed use to be compatible with the zoning. The CF zoning
designation is compatible with the proposed LD land use map designation. Based upon
the above, a positive finding can be made with respect to consistency with the Future
Land Use Map.
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.
As noted previously, a development application has not been submitted with the
rezoning application. Staff anticipates that sufficient public facilities will exists to serve
the property at the time of development. In terms of concurrency, the proposed
rezoning will not create an impact on services with respect to water, sewer, traffic, solid
waste, parks, drainage, or open space. However, analysis regarding levels of service
for these facilities will occur when a formal development proposal is submitted.
CONSISTENCY: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
P & Z Board Staff Report
Rezoning from RO and R-1-A to CF for AVDA
Page 3
2.4.$(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the applicable objectives and policies are noted.
Section 3.3.2 (Standards for Rezoning Actions): Standards B and C are not
applicable. The applicable performance standard of Section 3.3.2 is as follows:
(A) That a rezoning to other than CF within stable residential area shall be
denied.
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The applicant proposes to expand the existing abused spouse residence to the
west and north within the property to be rezoned. The existing use was
determined to be compatible with the surrounding neighborhood based on
positive findings with respect to the previous conditional use approval. The use
has co-existed peacefully in this neighborhood for more than 10 years. No
compatibility concerns are noted, since the proposed development of the
property is an expansion to the existing use of the property. Furthermore, the
City's Land Development Regulations contain sufficient development standards
to mitigate any adverse impacts generated by the proposed development.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)($) (Findings), in addition to provisions of Section
3.1.t, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
The City changed the zoning of a portion of the subject property in 1990 from
SAD to RO. While the existing use of the property is consistent with the RO
zoning designation, the RO zoning designation is not consistent with the existing
Low Density and Medium Density Future Land Use Map designations. The CF
zoning designation is consistent with both of these land use designations.
P & Z Board Staff Report
Rezoning from RO and R-I-A to CF for AVDA
Page 4
Consequently, the proposed rezoning is a corrective measure that will make the
zoning designation consistent with the land use designation.
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
As noted in "a" above, the proposed zoning change makes the zoning
designation consistent with the Future Land Use Map designations of the
property. Furthermore, the CF zoning designation is more appropriate for the
property given the adjacent uses in the area. The property located on the north
side of the existing residential facility is the Bar and Fergs Academy (private pre-
school). The expansion of the abused spouse facility is more consistent with this
use than single family or multiple family uses. The residential facility and private
school provide a transition of uses from the single-family homes on the north and
west to the industrial uses on south of Southridge Road.
:i /, :: REVIEW BY O:THERS:.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency) or the DDA (Downtown Development Authority).
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
: ASSESSMENT AND .CO:NCL:USIO :
The rezoning from RO (Residential Office) to CF (Community Facilities) is corrective in
nature and is consistent with the policies of the Comprehensive Plan and Chapter 3 of
the Land Development Regulations. The rezoning of lot 8, Southridge subdivision will
allow the existing abused spouse facility to expand to the north. The proposed use is
compatible with the adjacent school and vacant lot to the east. Positive findings are
made in the staff report with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings).
A. Continue with direction.
B. Recommend approval of the rezoning request from RO and R-1-A to CF for the
subject property, based upon positive findings with respect to Chapter 3
P & Z Board Staff Report
Rezoning from RO and R-I-A to CF for AVDA
Page 5
(Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from RO and R-1-A to CF for the
subject property, based upon a failure to make positive findings with respect to
LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for
which a rezoning should be sought.
Recommend to the City Commission and Planning and Zoning Board approval of the
rezoning from RO and R-1-A to CF for the subject property, based upon positive
findings with respect to Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Attachments:
Location/Zoning Map
Community Facilities zoning district
Memo
To: David Harden, City Manager ..1//~
From-' Lula Butler, Director, Community Improvement
Date-- January 13, 1999
Re'- Sale of Vacant Parcel to Ebenezer United Christian Wesleyan Chumh
ITEM BEFORE THE COMMISSION:
Request for City Commission approval of the contract for sale and purchase which authorizes
the sale of a vacant parcel to the Ebenezer United Christian Wesleyan Methodist Church.
The negotiated sale price is $2,000.
BACKGROUND:
The City took ownership of this parcel of land from Palm Beach County in November 1997.
The property was transferred to Delray Beach from the Lands Available list of parcels that are
owned by the County because of non-payment of taxes. The lot is 25 feet by 106 feet and is
non-conforming under our Land Development Regulations. The Church is planning to build a
new facility on vacant land adjacent to this parcel; it is across the street from its existing
building. The parcel is appraised at $2,750. The church has offered a purchase price of
$2,000.
RECOMMENDATION:
Staff is recommending City Commission approval of the contract to authorize the sale of the
vacant parcel to Ebenezer United Christian Wesleyan Methodist Church for $2,000.
· Page 1
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ATLANTIC AVENUE
I COMPLEX
I
S.'W. 1ST ST.
::::::'WESLEYAN:":
S.W. 2ND
S.~. 2hD ST
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S.W. 3RD ST.
S.W. 3RD CT,
~ LOT 48, BLOCK 15, TOWN OF DELRAY
CITY OF BELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
-- DIGITAL ~3ASE MAP S)"STEM --
MAP REF: LM.317
[IT'IF OF I)ELRI:I'F BErI[H
CITY ATTORNEY'S OFFICE ~°° ~ ~ ^~' ~"^' ~^~"' ~°"~^ ~""
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/24Y7091
Ali.America Ci~ MEMOR~D~
1993
TO: City Co~ission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Sale of Vacant Parcel to Ebenezer United Christian Wesleyan Church
Approval of this contract will authorize the sale of this 25' x 106' vacant lot to the
Ebenezer United Christian Wesleyan Methodist Church for the amount of $2,000.00.
The property is located on S.W. 2nd Street between S.W. 7th Avenue and S.W. 6th
Avenue. A copy of the contract is provided.
By copy of this memorandum to David Harden, City Manager, our office requests that
this contract be placed on the January 19, 1999 City Commission agenda. Please call if
you have any questions.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvement
ebzsahllenl.cOlll
CONTRACT FOR SALE AND PURCHASE
The CITY OF DELRAY BEACH, a Florida municipal corporation,
("Seller"), and EBENEZER UNITED CHRISTIAN WESLEYAN METHODIST
CHURCH, ("Bttyer") hereby agree that the Seller shall sell and the Buyer shall buy the
following real property ("Real Property") upon the lbllowing terms and conditions which
include the standards for real estate transactions included in this instrument:
I. DESCRIPTION:
Lot 48, Block 15, Town of Delray
11. PURCHASE PRICE ................ $2,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before January 21, 1999, the deposit(s) will, at Buyer's
option, be returned to Buyer and the offer withdrawn. The date of this Contract
("Effective Date") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: If Buyer chooses to obtain a title insurance commitment, Buyer
shall do so at least 7 days before the closing date.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on or before February 21, 1999, unless extended by other provisions
of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject
to: zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous
to Real ?roperty lines and not more than 10 feet in width as to the rear or front lines
anti 7 ½ feet ill width as to the side lines, unless otherWise specified herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any; provided, that there exists at closing no violation of the foregoing
and none of them prevents the use of Real Property for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than
Seller, but if Property is intended to be rented or occupied beyond closing, the fact and
terms thereof shall be stated herein, and the tenant!,s) or occupants disclosed pursuant
to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes
all risk of loss to Property from date of occupancy, shall be responsible and liable for
lnaintenance from that date, and shall be dee~ned to have accepted Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
VIII. TYPEW~IITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of Contract in conflict with
them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
X. SPECIAL CLAUSES:
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it
has accmnulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state guidelines have been
fbund in buildings in Florida. Additional information regarding radon and radon testing may
be obtained from your county public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (" FIRPTA" ):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
(" Regulations"), shall be required to withhold such alnount as is necessary to comply with
the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld
along with properly completed remittance tbrms. 1t: however, on or before closing, Seller
provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of
Non-Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a
reduced, amount of federal income tax is required to be witl~eld under Section 1445
(collectively "Withholding Document") in proper form as required by the Regulations, and
Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false,
as determined in accordance with the Regulations, then Buyer shall not be required to
withhold any portion of the amount payable to Seller or shall be allowed to withhold such
lesser amount as is required by the applicable Withholding Document, as the case may be, and
shall submit the amount so withheld to the Internal Revenue Service along with properly
completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the
filing of an application tbr a Withholding Document with the Internal Revenue Service and
gives notice of such pursuant to the Regulations to Buyer and said application is still pending
as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow
any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
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determination is made regarding said application at which time said amount shall be disbursed
in accordance with said final determination.
In the eyent insufficient cash is paid by Buyer at closing to fund the Buyer's
withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash
necessary to satisfy the withholding obligation. In the event Buyer determines after the
closing that the Withholding Docttment provided by Seller to Buyer relieving Buyer entirely
of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was
false, Buyer shall have the authority to withhold h'om any additional amounts due to Seller in
accordance with the Regulations, all or such portion of said additional amount due to Seller as
Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and
report such information as required under the Regulations to the Internal Revenue Service.
C. This contract is contingent upon the CITY OF DELRAY BEACH'S City
Commission approving this Contract within forty-five (45) days following its execution by
the Seller.
D. The parties warrant and agree that there is no broker involved in this
transaction.
E. The soil, surface water, drainage requirements and runoff availability,
geological conditions, and environmental state of the property being purchased must be
acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other
soil, geological and engineering studies which may be conducted by Buyer at Buyer's expense
witliin the titne permitted for delivery of evidence of title herein. Notice of the result of such
testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyer's
employees, agents, representatives, or assigns, shall have full and complete right to enter upon
the property for the purpose of making any and all inspections, tests and studies of the
property. In the event said conditions disclosed by such inspections are unacceptable to
Buyer, the Buyer shall have the right to cancel this Agreement and receive a refund of all
deposit monies paid hereunder.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed title
inst, rer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in
the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances,
exceptions or qualification set forth in this agree~nent and those which shall be discharged by Seller at or before
closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications
set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title
shall be determined according to applicable title standards adopted by authority of The Florida Bar and in
accordance with law. If title is found detective, Buyer shall notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within
which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is
-3-
or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and
Seller shall release one another of all further obligations under the agreement. Seller will, if title is found
unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including tile
bringing of necessary suits.
B.' Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title
and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey
shows encroachment oil real property or that improvements located on real property encroach on setback lines,
easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental
regulation, tile sa?ac shall constitute a title defect.
C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to
tile real property sufficient for the intended use as described herein, title to which is in accordance with Standard
A.
D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer
copies of all written leases and estoppel letters fi'om each tenant specifying the nature and duration of the
tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain
such letter from each tenant, tile same information shall be furnished by Seller to Buyer within that time period
in tile form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller
shall, at closing, deliver and assign all original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to tile
absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors
known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90)
days immediately preceding date of closing, if property has been improved, or repaired within that time, Seller
shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors,
suppliers, and materiahnen in addition to Seller's lien affidavit setting forth the names of all such general
contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
or repairs which could serve as a basis tbr a mechanic's line or a claim for damages have been paid or will be
paid at closing.
F. Place of Closing: C~osing shall be held in tile county where real property is located,
at the office of the attorney or other closing agent designated by Seller.
G. Time: Time is of tile essence of this agreement. Time periods herein of less than six
(6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time
period provided for herein which shall end oil Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the
next business day.
il. Docmnents for Closing: Seller shall filrnish deed, bill of sale, mechanic's lien
affidavit, assigmnents of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall
furnish closing statement, mortgage, mortgage note, security agreement, and financial statements.
1. Expenses: Documentary stamps oil the deed and recording corrective instruments
shall be paid by Buyer.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses
and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over
any existing policies of insurance, if assumable, in which event prenliums shall be prorated. Cash at closing
shall be increased or decreased as may be reqnired by prorations. Prorations will be made through day prior to
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occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and
escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's
tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing
occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will
be prorated based up, on such assessment and the prior year's milage. If current year's assessment is not available,
then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by
January I st of year of closing which improve,nents were not in existence on January I st of the prior year then
taxes shall be prorated based t, pon the prior year's milage and at an equitable assessment to be agreed upon
between tile parties, failing which, request xvill be made to tile County Property Appraiser for an informal
assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a
statement to that effect is in tile closing statement.
K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens
as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing
shall be assumed by Buyer. If the improve~nent has been substantially completed as of Effective Date, such
pending lie,1 shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an
amount equal to tile last estimate of assessment tbr the improvement by the public body.
L. Inspection, Repair and Maintenance: Seller warrants that, as of ten (10) days prior
to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any
VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating,
cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's
expense, having inspections made of those items by an appropriately Florida license person dealing in the
construction, repair or maintenance of those items and shall report in writing to Seller such items that do not
meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or
not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that
time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or
replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or
replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or
replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess,
failing which either party may cance! this agreement. If Seller is unable to correct the defects prior to closing,
tile cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service
for inspections. Between tile effective date and the closing, Seller shall maintain property including but not
limited tO tile lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer
shall be permitted access tbr inspection of property prior to closing in order to confirm compliance with this
standard.
M. Risk of Loss: If the property is damaged by fire or other casualty before closing and
cost of restoration does not exceed tile purchase price of tile property so damaged, cost of restoration shall be an
obligation of tile Seller and closing shall proceed pursuant to tile term so tile agreement with restoration costs
escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of tile
improvements so damaged, Buyer shall have tile option of either taking property as is, together with either the
three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the
agreement and receiving return of deposit(s).
N. Escrow: Any escrow agent CAgent") receiving funds or equivalent is authorized and
agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse
them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse
Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent
may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its
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disbursement, or until a judgment of a court of competent jurisdiction shall determine tile rights of the parties or
Agent may deposit with the clerk of tire circuit court having jurisdiction of the dispute. Upon notifying all
parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of
accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply
with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is
made a party becaus'e of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter
of tire escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be
charged and assessed as court costs itl favor of the prevailing party. Parties agree that Agent shall not be liable
to any party or person for ~nisdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery
is due to willfifl breach of contract or gross negligence of Agent.
O. Failure of Performance: If Buyer fails to perform this Contract within the time
specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the
account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full
settlement of any clai~ns; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or
Seller, 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 marketable after diligent effort, Seller fails, neglects or refuses to
perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's
deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor
any notice of it sh::!l be recorded in any public records. This agreement shall bind and enure to the benefit of the
parties and their successors in interest. Whenever tire context permits, singular shall include plural and one
gender shall include all. Notice given by or to tire attorney for any party shall be as effective as if given by or to
that party.
Q. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to
an easement lbr ally utilities that may exist and lie on tile property.
R. Other Agreements: No prior or present agreements or representations shall be
binding upon Buyer or Seller unless inclnded in this Contract. No modification or change in this Contract shall
be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound
by it.
S. Warranties: Seller warrauts that there are no facts known to Seller materially
affecting the value of the real property which are not readily observable by Buyer or which have not been
disclosed to Buyer.
-6-
BUYER:
Ebenezer United:Christian
Wesleyan Methodist Church
Rev. R. L. Howard
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this .]~/~t"day of
~-'~,/~rt , 19~'~ by t~f/?.r'J .,Z, /~o'('c~/, who is personally known to me or
who has produced /O/~..'~{t'e "~, '~'
(type of identification) and who did (did n t) take an nth,.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
~a~'!llb. Mmha t. SU~wl~t~e
SELLER:
~" I~OED THI~U
"al~',~e~'- Al~N~rllc ~O~OIN~ CO.. INC.
City of Delray Beach, Florida
By:
Jay Alperin, ivlayor
ATTEST: Approved as to Form:
City Clerk /~City Attorney
-7-
Date: January 13, 1999 Agenda ltem No. It9 ./~ .
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop __ Consent
When: January 19, 1999
Description of Agenda Item:
Sale of Vacant Parcel to Ebenezer United Christian Wesleyan Church
Ordinance/Resolution Required: Yes / No Draft Attached: Yes ! No
Recommendation: Approval
Department Head Signature: ~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City Manager Review:
HoldApproved for agenda: ~) No ~ Until: , ~~~ ~
Agenda Coordinator Review: ~~C
Received:
Action: Approved / Disapproved 1/17/96
Boca Raton News, Monday, January I 1, 1999
'1~ II1,1, lIN, Iql~ll'W
NOTICE IS HEREBY GM;N, ~ the
~m/m6M I~ray Beach, Fk3rida, has deter-
L~ ,48, B~0ck 15, Tovm of Delray
e~drposas pursua~ to a contract
My 10, lggg at ?.130 p.m. la ~e City
crrY oF DELRAY ~.ACH, FLORIDA
l~1311~: Jaa. 4 1 11,1 ~99
Boca Raton News
Boca Raton News, Monday, January 4, 1999
Lot 4~, Block 15, Town of Dekay ,
purposes pursuant to a contract
Ox~azer United Chris~n Wes~ey~
~ Church. Fuffher Inforn~-
Cay C~,,.,~on of the C~ o~ Delray
Beoch, FTodd~ shaJi holcl a put)#c heor-
af~ 19, 1999 at 7:00 p.m. m the City
CrTY OF DELRAY BEACH, FLORIDA
Pu~: Jan. 4 & 11,1909
Boca Raton I~k~ws
Ad g~]672
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~
SUBJECT: AGENDA ITEM /0.~-. REGULAR MEETING OF JANUARY 19, 1999
ORDINANCE NO. 1-99 (EMS TRANSPORTATION FEES)
DATE: JANUARY 14, 1999
This is second reading and a public hearing for Ordinance No. 1-99
which amends Section 96.66 of the City Code by adjusting the fee
schedule for emergency medical transportation in accordance with
the Inflation Index Charge (I.I.C.).
The Fire Department has been notified that the I.I.C. for 1999,
applicable to Medicare services and fee schedules, will be a 1.3%
increase. To stay within the Medicare allowances, the following
increases are recommended:
FROM T__QO
Advanced Life Support $296.00 $300.00
Basic Life Support $215.00 $218.00
Mileage Fee $6.00/mile $6.08/mile
The increases will be effective retroactive to January 1, 1999.
At first reading on January 5, 1999, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 1-99 on second and final
reading.
ref:agmemol8
ORDINANCE NO. 1-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE
SAFETY AND EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION
FEES" SUBSECTION 96.66 (A), TO ADJUST THE FEE
SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE ANNUAL INFLATION INDEX CHARGE;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, on January 17, 1995, the City Commission adopted
Ordinance No. 5-95, which enacted a new Section 96.66 of the City
Code to provide for emergency medical transportation fees; and
WHEREAS, pursuant to Section 96.66(B) of the City Code, the
City Commission may adjust fees annually pursuant to the Inflation
Index Charge (I.I.C.) which is used by Medicare to determine
appropriate fee changes; and
WHEREAS, the City Commission has been notified that the
Inflation Index Charge (I.I.C.) for 1999, applicable to Medicare
services and fee schedules, will be a 1.3% increase.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter
96, "Fire Safety and Emergency Services", Section 96.66, "Emergency
Medical Transportation Fees", Subsection 96.66(A), of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(A) The following service charges or fees are levied for
the provision of emergency medical transportation:
(1) Advanced Life Support
transportation fee ~9~/~ $300.00
(2) Basic Life Support
transportation fee ~/~ $218.00
(3) Mileage fee ~//~/~/~ $6.08/mile
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective as
of January 1, 1999.
PASSED AND ADOPTED in regular session on second and final
reading on this the 19th day of January , 1999.
ATTEST:
J Cit~ C~erk - '
First Reading January 5, 1999
Second Reading January 19, 1999
- 2 - Ord. No. 1-99
FIRE
' ~_:':;~,;!'~o ::ELFz~ E~-:r'Lq
DEL~AY BEACH
Ail.America City
TO: DAVID T. HA~EN, CITY MANAGER
1993
FRO~: ROBERT B. ~HR, F]~ CHIEF
DATE: DECEMBER ] ], 1998
SUB3ECT: AD3UST~ENT OF E~S T~NSPORT FEES
We have been notified that the Inflation Index Charge (I.I.C.) for 1999, applicable to
Medicare services and fee schedules, will be a 1.3% increase. According to City of Delray Beach
Ordinance No. 5-95, Section 96.66, Emergency Medical Transport Fees, Sub-Section B:
"The City_ Commission may adjust fees annually pursuant to the Inflation Index Charge (I,I.C.)
which is used by Medicare to determine the appropriate fee charges."
It is our recommendation that an increase be granted effective January 1, 1999. This will
allow us to keep up with the changes in Medicare allowances. I suggest we put this on the next
Commission Meeting agenda, if it meets with your approval. The following shows what percentage
charges would be for each charge:
PRESENT FEE 1.3% INCREASE TOTAL RECOMMEND
ALS $296.00 3.85 $299.85 $300.00
BLS $215.00 2.80 $217.80 $218.00
MileageS 6.00 .08 $ 6.08 $ 6.08
If you would like to move forward with this proposal I will do the appropriate paper work for
the Commission agenda.
Fire Chief
Attachment
Sheet1
RATES CHARGED BY PALM BEACH COUNTY EMS AGENCIES:
ALS BLS MILEAGE
American Medical Rescue $317.70 $218.40 $6.80
Boca Raton Fire REscue $272.00 $170.00 $5.80
Boynton Beach Fire Rescue $289.00 $6.50
Delray Beach Fire Rescue $296.00 $215.00 $6.00
Greenacres Public Safety $280.00 $197.00 $5.70
Jupiter Medical Center $343.00 $277.00 $6.55
Lake Worth Fire Rescue $310.00 $6.10
North Palm Beach Public Safety $310.00 $6.00
Palm Beach County Fire Rescue $310.00 $210.00 $7.00
Palm Beach Gardens Fire Dept. $297.50 $5.50
Riviera Beach Fire Rescue $310.00
Royal Palm Beach Fire Dept. $286.00 $4.00
West Palm Beach Fire Dept. $310.00 $6.00
Page 1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~2qAGER~
SUBJECT: AGENDA ITEM #lO ~- REGULAR MEETING OF JANUARY 19, 1999
ORDINANCE NO. 47-98 (IN LIEU OF PARKING REGULATIONS)
DATE: JANUARY 15, 1999
On December 1, 1998, the City Commission considered Ordinance No.
47-98 at a public hearing. Upon hearing testimony and after
discussion, it was the consensus of the Commission to remand the
ordinance to the Parking Management Advisory Board for further
study and refinement, with direction that the in lieu of parking
fee issue be workshopped on January 12, 1999.
The Parking Board reviewed the proposed in lieu fee provisions on
January 4, 1999, and forwarded recommendations to the City
Commission. After discussion at the workshop, the Commission
reached a consensus and provided direction on revisions to be made
to the proposed in lieu of parking fee ordinance.
Since the changes represent substantive changes to the initial
ordinance, a new Ordinance No. 4-99 has been drafted and is on the
January 19th agenda for consideration on first reading.
In view of the revised ordinance, the recommendation is to deny
Ordinance No. 47-98 on second and final reading to give closure to
that particular proposal.
ref:agmemol2
FAILED ON 2ND/FINAL READING - JANUARY 19, 1999
ORDINANCE NO. 47-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS", SUBSECTION
4.6.9(E), "LOCATION OF PARKING SPACES", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING
REGULATIONS; AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G),
"SUPPLEMENTAL DISTRICT REGULATIONS", TO EXCLUDE
RESTAURANTS FROM THE REDUCED PARKING REQUIREMENT IN
THAT CERTAIN AREA OF THE CBD MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on October 19, 1998, and voted 4 to 1 to forward the changes
with a recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.6, "Supplemental District Regulations", Section 4.6.9,
"Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of
Parking Spaces", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(E) Location of Parking Spaces:
(1) Street parking, parking located in the public
right-of-way, or parking located in public parking facilities shall
not be used to satisfy on-site parking requirements. The terms
"on-site parking" and "off-street parking" are synonymous. However,
pursuant to the requirements of Section 4.6.9(E) (3) (e), the
construction of additional on-street public parkinq may be used to
off-set the total dollar amount due under an in-lieu fee aqreement
with the City.
FAILED ON 2ND/FINAL READING - JANUARY 19, 1999'
FAILED ON 2ND/FINAL READING - JANUARY 19, 1999
(2) Required off-street parking shall be provided on
the same lot or parcel as the building and uses for which it is
required, except as provided for within this Subsection (E).
(3) In-Lieu Fee: If it is impossible or
inappropriate to provide the required number of on-site or off-site
parking spaces, the City Commission may approve the payment of a fee
in lieu of providing such required parking, pursuant to the following
provisions:
(a) The in-lieu fee is authorized only in the
CBD, OSSHAD and GC (West Atlantic Avenue
Overlay District) zoning districts in
compliance with the supplemental district
regulations provisions therein.
(b) The fee is hereby established at
$12,000 per space. Arrangements for payment
shall be approved by the City Commission at
the time of the approval of the in-lieu fee.
(c) All proceeds from such a fee shall be used
for parking purposes.
(d) The in-lieu fee may be paid at one time or
in installments. Applicants for an in-lieu
fee who are approved, and who do not pay the
entire fee up front, must enter into an
In-Lieu of Parkinq Fee Aqreement with the
City. Such aqreement shall be recorded with
the land records office of Palm Beach
County, Florida. The obliqations imposed by
such an aqreement constitute a restrictive
covenant upon a property subject to an
In-Lieu of Parkinq Fee Aqreement, and shall
bind successors, heirs and assiqns. The
restrictive covenant shall be released upon
full payment of the in-lieu parkinq fees
includinq interest, attorneys' fees and
costs. In-lieu aqreements may only be made
between the City and the Owner(s) of the
subject property. In-lieu aqreements shall
not be made with tenants. If an in-lieu
aqreement is entered into, installment
payments shall be made over a two year time
period in three installments. The first
installment shall be 50% of the total fee
and is to be paid upon siqninq the
- 2 - Ord. No. 47-98
FAILED ON 2ND/FINAL READING - JANUARY 19, 1999
FAILED ON 2ND/FINAL READING - JANUARY 19, 1999
aqreement. The second installment shall be
25% of the total fee and is due on the first
anniversary date of the siqninq of the
aqreement. The third and final payment of
25% of the total fee is due on the second
anniversary date of the siqninq of the
aqreement. A fixed annual interest rate of
8% shall apply to the unpaid balance and be
added to payments two and three. Interest
begins to accrue on the unpaid balance upon
the date the in-lieu aqreement is executed.
Unless the applicant has entered into an
in-lieu aqreement with the City, the in-lieu
parkinq fee shall be paid in full at the
time of submission of a buildinq permit
application. ~~~ /~~ /~ /~
construction costs, but in no event to
exceed total in-lieu . fees, for these
on-street spaces includinq street liqhtinq.
Additional credit, not to exceed 10% of the
total fee, may be taken for the actual
construction costs of approved streetscape
beautification elements in the public
riqht-of-way. Beautification improvements
may include, but are not limited to,
paverbrick walkways, street furniture and
- 3 - Ord. No. 47-98
FAILED ON 2ND/FINAL READING - JANUARY 19, 1999
FAILED ON 2ND/FINAL READING - JANUARY 19, 1999
landscapinq. Credit may not be taken for
those streetscape elements listed in Section
4.4.13(I) (2) (f) whic.h are required to meet
the performance standards for new
developments in the CBD over 30 dwellinq
units per acre. Neither credit for
construction of on-street spaces, nor credit
for construction of beautification elements
shall be reimbursed until such construction
has been fully completed.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(G), "Supplemental
District Regulations", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(G) Supplemental District Regulations: In addition to the
supplemental district regulations as set forth in Article 4.6, except
as modified below, the following shall also apply.
(1) Parking:
(a) Within that portion of the CBD bounded by
Swinton Avenue on the west, N.E. 1st Street
on the north, the Intracoastal Waterway on
the east, and S.E. 1st Street on the south,
parking requirements shall apply to new
floor area and restaurants only. Except for
restaurants, Z~hanges in use (both
residential and nonresidential) shall not be
required to provide additional on-site
parking. The parking required for the
creation of new non-residential floor areal
except restaurants, shall be at the rate of
one space for each 300 square feet, or
fraction thereof, of floor area in addition
to the replacement of any previously
required parking which may be eliminated.
Within all other geographic areas of the CBD
zone district, the provisions of Section
4.6.9(C) shall apply, as further modified
within this subsection(G) (1).
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
FA LED ON 2ND/FINm. mkD}N-O - aamJAR r °' 4,- a
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading November 17, 1998 (Passed 5-0)
Second Reading December 1, 1998 (Continued to 1/19/99)
January ~, 1999 FAILED ON 2ND/FINAL READING
- 5 - Ord. No. 47-98
£1TY OF I)ELAI:IY BEI:I£H
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA33444 · (561) 243-7000
,m,.e,.c.y
~ TO: David T. Harden
993 City Manager
FROM: ~Robert A. Barcinski
~ ! Assistant City Manager
DATE: January 13, 1999
SUBJECT: AGENDA ITEM CITY COIVIMISSION MEETING JANUARY 19. 1999
FIRST READING ORDINANCE NO. 3-99 VETERANS PARK LOT
2 HOUR LIMITS
ACTION
City Commission is requested to approve on first reading Ordinance No. 3-99 amending City
Code Chapter 73 "Parking Schedules", Schedule I Subsection (A)(2) and (B) to provide two (2)
hour parking limits from 8:00 a.m. to 8:00 p.m. in the Veterans Park parking lot for a six (6)
month trial period.
BA CKGR 0 UND
This item was reviewed at City Commission Workshop on January 12th. The original
recommendation was to install parking meters in this lot. However, City Commission felt that a
two (2) hour limit should be tried first, and be monitored over the next six (6) months to
determine it's impact on parking availability. As discussed, free parking passes for the Adult
Center and Ramblin Rose II will administratively be implemented to allow free parking for these
customers beyond the two (2) hour limit. If approved, second reading and a public hearing will
be held on February 2, 1999.
RECOMMENDATION
Staff recommends approval of Ordinance No. 3-99 on first reading.
RAB/tas
Attachments
THE EFFORT ALWAYS MATTERS //c~. /~.
ORDINANCE NO. 3-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 73,
"PARKING SCHEDULES" OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SCHEDULE I.
TO PROVIDE FOR A TWO-HOUR PARKING LIMIT IN THE
PARKING SPACES AT VETERB_NS PARK; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the Director of Parks and Recreation has requested
parking restrictions in the parking areas at Veterans Park; and
WHEREAS, the Parking Management Advisory Board has reviewed
this request and recommended the imposition of a two-hour parking
limit in the Veterans Park lot; and
WHEREAS, the City Commission finds this change to be in the
best interests of the citizens of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title VII, "Traffic Code", Chapter 73,
"Parking Schedules", Schedule I., Subsection (A) (2), of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(2) The two-hour parking restriction shall apply in the
following described City-owned parking lots:
Lot 8 and the south six inches (6") of Lot 9, and
Lots 24 and 25, Block 92, Plat of the Town of
Delray, Plat Book 1, Page 3, according to the
Public Records of Palm Beach County, Florida.
Lots 14, 15 and 16, Block 101, Plat of the Town
of Delray, Plat Book 1, Page 3, according to the
Public Records of Palm Beach County, Florida.
Lot 16 and the north 26.33 feet of Lot 17, and
Lots 8 and 9 (less the south 42.5 feet), Block
109, Plat of the Town of Delray, Plat Book 1,
Page 3, according to the Public Records of Palm
Beach County, Florida.
The south 60 feet of Lots 4 through 6, inclusive,
the north 16 feet of Lots 7 and 13, and including
the east/west 16 foot alley, Block 77, Town of
Delray.
Parking spaces on the east side of the Florida
East Coast (F.E.C.) Railway, lying west of Lot 8,
Block 92, Town of Delray.
Parkinq spaces located within Veterans Park,
Tract A and B, Plat of Veterans Park, Plat Book
75, Paqe 169, accordinq to the Public Records of
Palm Beach County, Florida.
Section 2. That Title VII, "Traffic Code", Chapter 73,
"Parking Schedules", Schedule I., Subsection (B), of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(B) Time limit. Parking or standing a vehicle in a
designated space in the parking areas or zones described in
subsections (A) (1) and (2) of this schedule shall be lawful for two
hours. Parking or standing a vehicle in designated parking areas or
zones described in subsection (A) (3) of this schedule shall be lawful
for eight hours. The two-hour or eight-hour parking, whichever is
applicable, shall be in effect every day between the hours of 8:00
a.m. and 6:00 p.m., except for the Veterans Park lot which shall be
from 8:00 a.m. to 8:00 p.m., and except Sundays and holidays;
provided, that within the meaning of this section, the term holiday
shall include New Year's Day, Easter, Memorial Day, Fourth of July,
Labor Day, Thanksgiving Day, Christmas Day, and the days upon which
the Delray Affair is held.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shal'l not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 2 - Ord. No. 3-99
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3 - Ord. No. 3-99
D LRA BEA H
P lC IBRA Y
m S.E. 5TH AVE. (U.S. HY. No.1) SOUTHBOUND N.E. 5TH AVE.
· . 6 H A Y. - NORTHBOUND N.E. 6TH AVE.
S.E. 7TH AVE. (~ S.E. 7TH AVE.
PALM SQUARE c~
£1T¥ DF DELRI:i¥ BER£H
100 N.W. 1st AVENUE * DELRAY BEACH. FLORIDA 33a44 · (561) 243-7000
· MEMORANDUM
': TO: David T. Harden
993 City Manager
FROM: ~k~ Robert A. Barcinski
Assistant City Manager
DATE: January 7, 1999
SUBJECT: AGENDA ITEM CITY COMMISSION WORKSI:IOP
JANUARY 12, 1999 VETERANS PARK PARKI?qG LOT
At the Parking Management Advisory Board meeting on January 4, 1999, the Board
unanimously voted to recommend to City Commission to install parking meters in Veterans Park
parking lot, with 2 hour limits, from 8:00 a.m. to 8:00 p.m., and implement a system to allow
patrons of the Adult Center and customers of the Ramblin Rose to park for no charge. This item
is on the agenda for discussion and direction from City Commission.
In May of 1998, we received a request from Mr. Weldon to reserve the east side of the lot for
park and adult center use only. The reason for the request was that spaces were being used by
employees of businesses in the area and the booting being done at Atlantic Plaza, adding an
additional burden on the lot's use. This was negatively impacting the programs at the Adult
Center and park use. The Board felt that reserving these spaces would be difficult to enforce and
that a better option might be to meter the lot or set time limits. However, the Board felt that a
solution to the booting problem in Atlantic Plaza should be reached first and directed that I,
along with the Chamber of Commerce's assistance, try to resolve this problem. Mr. Wood has
met with the manager many times and discussed by telephone with the owner different options to
-' .. resolve the booting problem. We have been unsuccessful in trying to work out any sort of
agreement or compromise with the owner and do not think we will.
In the meantime, the parking problem at Veterans Park has gotten worse, especially now at the
height of the season. Employees of many of the businesses in the area are using this lot even in
the evening.
The Board recommended installing two hour parking meters to try to alleviate some of the
impacts on this iot from employee parking. The recommendation also includes issuing date and
time stamped window passes to patrons of the Adult Center and the customers of the Ramblin
Rose II so that they would not have to pay to park.
This item is on the agenda for discussion and input from City Commission.
RAB/tas
Attachments
TO: DAVID T. HARDEN, CITY MANAGER ~(~1~ -~ ~
THRU: DIANE DOMINGUEZ, P & Z DIRECTOR
FROM: RONALD R. HOGGARD, JR., SENIOR PLANNER '~.~ ~..~-.
SUBJECT: CITY COMMISSION MEETING OF JANUARY 19, 1999
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR'S)
DEALING WITH IN-LIEU PARKING FEE PROVISIONS.
The second reading of the ordinance amending the in-lieu parking fee regulations was
considered at the December 7, 1998 City Commission meeting. Several representatives of
Pineapple Grove Mainstreet attended the meeting and spoke in opposition to the proposed
ordinance to increase the in-lieu parking fee from $6,000 to $12,000. Opposition was also
expressed by the CRA Director and others involved in downtown redevelopment efforts,
because of concerns that the fee increase and revisions to restaurant parking regulations were
excessive. The City Commission decided to table action on the ordinance until January in order
to give the Parking Management Advisory Board (PMAB) an opportunity to review the fee
options and consider using different fees for each area based on cost.
The Parking Management Advisory Board reviewed the proposed in-lieu fee provisions for a
second time at its meeting of January 4, 1999. Discussion was limited to the fee schedule,
financing provisions and restaurant parking requirements. No changes were proposed for the
other provisions of the ordinance. It was recommended that the proposed changes in parking
regulations for restaurants be deleted from the proposed ordinance for additional study.
The Board discussed financing issues, and whether or not interest should be charged. Under
the financing schedule recommended by the PMAB, 50% of the fee would be due at signing of
the agreement, 0% due on the first anniversary date, 25% on the second anniversary date and
25% on the third anniversary date. This schedule gives the developer 2 years to recover from
the initial payment before the second payment is due.
Discussion on the fee amount was centered on whether or not to have one fee or divide the
area into districts with fees based on land values. The Board recommended dividing the area
into four districts with the following fee schedule: CBD, East of Intracoastah $14,000; CBD,
West of Intracoastal - $12,000; Pineapple Grove Mainstreet and OSSHAD - $7,000; and, the
West Atlantic Avenue Redevelopment Area - $5,000.
The City Commission discussed the recommendations of the PMAB at its January 12, 1999
Workshop. The Commission felt that additional incentives were necessary to encourage
redevelopment within Pineapple Grove Mainstreet, OSSHAD and the West Atlantic Avenue
Redevelopment Area. Staff was directed to reduce the fees by approximately 20% in these
areas. The Commission also directed staff to eliminate the option to finance the fees for the
east and west CBD areas. Pineapple Grove Mainstreet, OSSHAD and the West Atlantic
Avenue Redevelopment Area would retain the option to finance the fees as an additional
redevelopment incentive. The Commission agreed with the PMAB that no interest should be
charged when the fees are financed. The Commission also agreed that changes to the parking
City Commission Documentation
Meeting of January 19, 1999 -In-Lieu Parking Fees
Page 2
requirements for restaurants in the CBD be deleted at this time. The Commission directed staff
to include a sunset date of 2 years in the proposed Ordinance. The in-lieu fee option will be
reevaluated at that time to determine if it is still needed as a redevelopment incentive.
The final fee structure included in the proposed ordinance is as follows:
CBD - East of Intracoastal J $14,000
CBD - West of Intracoastal / $12,000
Pineapple Grove and OSSHAD / $ 6,000
West Atlantic Avenue ~ $ 4,000
By motion, approve the proposed amendments to LDR Section 4.6.9(E), Location of Parking
Spaces, as attached, based on a finding that the amendment furthers the goals, objectives and
policies of the Comprehensive Plan which relate to the revitalization of the downtown area.
Attachments:
· Proposed In-Lieu Fee District Map
· Proposed LDRAmendment
t.: i [ ~li t [~;gt*a., I; ~l~i~ 'IELE?NONE561/243-7090o l:'ACSIMILE561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
: DATE: January 14, 1999
1 qq ~
TO: City Commission
David T. Harden, City Manager
FROM: Jay T. Jambeck, Assistant City Attorne~
SUBJECT: In-lieu Fee Ordinance.
Attached is the proposed in-lieu fee ordinance with the changes as recommended
by the City Commission in its workshop meeting of January 12, 1999. These changes
are detailed in the memorandum by Ron Hoggard.
Please have this item placed on the January 19, 1999 agenda.
Attachment
cc: Alison MacGregor Harty, City Clerk
Ron Hoggard, Senior Planner
ORDINANCE NO. 4-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-
STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E),
"LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR REVISED IN LIEU OF PARKING REGULATIONS; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, A SUNSET
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that In-lieu fees
serve the public interest by contributing toward relieving the parking
problem in the City's CBD, CBD-RC, OSSHAD and GC (West Atlantic Avenue
Overlay) zoning districts; and
WHEREAS, the City Commission has determined that the amount
of in-lieu fees paid for a particular property should be based upon the
location of the property for which in-lieu fees are sought; and
WHEREAS, the City Commission has determined that funds from
the in-lieu fees shall be used for parking purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That Chapter Four, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9(E), "Location of Parking
Spaces", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(E) Location of Parking Spaces:
(1) Street parking, parking located in the public
right-of-way, or parking located in public parking facilities
shall not be used to satisfy on-site parking requirements. The
terms "on-site parking" and "off-street parking" are synonymous.
However, pursuant to the requirements of Section 4.6.9(E) (3) (e),
the cost of construction of additional on-street public parking
may be used to off-set the total dollar amount due under an in-
lieu fee agreement with the City.
(2) Required off-street parking shall be provided on
the same lot or parcel as the building and uses for which it is
required, except as provided for within this Subsection (E).
(3) In-Lieu Fee: If it is impossible or inappropriate
to provide the required number of on-site or off-site parking
spaces, the City Commission may approve the payment of a fee in
lieu of providing such required parking, pursuant to the following
provisions:
(a) The in-lieu fee is authorized only in the CBD,
CBD-RC, OSSHAD and GC (West Atlantic Avenue
Overlay District) zoning districts in
compliance with the supplemental district
regulations provisions therein.
(b) ~^ ~ v~
...... e is hcrcby established at $6,nn0 per
spacc. Arrangements for payment shall be
approved by the City Commission at the time of
the approval of the in-lieu fee. The fee
amount shall be based upon the location of the
property for which in-lieu fees are being
sought. Area descriptions and corresponding
fee amounts are hereby established as follows:
Area 1: Parcels located east of the
Intracoastal Waterway which are zoned CBD
- $14,000 per space.
(2) Area 2: Parcels located west of the
Intracoastal Waterway which are zoned CBD
or CBD-RC and which are not included
within the Pineapple Grove Mainstreet
area - $12,000 per space.
3) Area 3: Parcels located within the OSSHAD
zoning district and parcels located
within the Pineapple Grove Mainstreet
area which are zoned CBD or CBD-RC -
$6,000 per space.
4) Area 4: Parcels located within the West
2 ORD. NO. xx-99
Atlantic Avenue Overlay District which
are zoned GC - $4,000 per space
(c) Ail proceeds from such a fee shall be used for
parking purposes.
(d) For those parcels located in Area 1 or Area 2,
the in-lieu fee shall be paid in full at the
time of submission of a building permit
application.
For those parcels located in Area 3 or Area 4,
the in-lieu fee may be paid in full at the
time of submission of a building permit
application or in installments. Applicants for
an in-lieu fee which is not paid in full at
time of permit, must enter into an In-Lieu of
Parking Fee Agreement with the City. Such
agreement shall be recorded with the Public
Records Office of Palm Beach County, Florida
The obligations imposed by such an In-Lieu ol
Parkinq Fee Agreement constitute a restrictive
covenant upon a property, and shall bind
successors, heirs and assigns. The
restrictive covenant shall be released upon
full payment of the in-lieu parking fees
including attorneys' fees and costs. In-Lieu
of Parking Fee Agreements shall only be made
between the City and the Owner(s) of the
subject property. If an In-Lieu of Parking Fee
Agreement is entered into, installment
payments shall be made over a three-year time
period in three installments. The first
installment shall be 50% of the total fee and
is to be paid upon signing the aqreement. The
second installment shall be 25% of the total
fee and is due on the second anniversary date
of the signing of the agreement. The third
and final payment of 25% of the total fee is
due on the third anniversary date of the
signing of the agreement. There shall be no
interest due under this payment schedule. The
3 ORD. NO. xx-99
^v .... ~^ year ~^-~^~ ~ ~^~ payments The
..... ~ ............. bc duc upon szgnzng ~
...... ~ . ..... bc duc annually. ~'c intcrc~t
......... ;~ -~" ~ ~ i~ ~ .... and be
(e) In addition to in-lieu fees due, where
adequate riqht-of-way exists adjacent to a
proposed pzoject for which an in-lieu parking
fee has been approved, the applicant must
construct additional on-street parkinq, not to
exceed the total amount of spaces subject to
in-lieu fees unless authorized by the City
Co~ission. The total in-lieu fee due shall
be reduced by an amount equal to the actual
construction costs, but in no event to exceed
total in-lieu fees, for these on-street spaces
including street lighting. Additional credit,
not to exceed 10% of the total fee, may be
taken for the actual construction costs of
appzoved streetscape beautification elements
in the public right-of-way. Beautification
improvements may include, but are not limited
to, paverbrick walkways, street furniture and
landscaping. Credit may not be taken for
those snreetscape elements listed in Section
4.4.13(I) (2)(f) which are required to meet the
performance standards for new developments in
the CBD which exceed 30 dwelling units per
acre. Nezther credit for construction of on-
street spaces, nor credit for construction of
beautification elements shall be zeimbursed
until such construction has been fully
completed.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
4 ORD. NO. xx-99
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective upon
its passage on second and final reading.
Section 5. That this ordinance shall automatically sunset
and be repealed two years from the date of its final adoption, unless
the City Commission, after review, acts to reenact the ordinance.
Repeal of the ordinance shall not affect In-Lieu of Parking Fee
Agreements entered prior to repeal of the ordinance and all In-Lieu
Fees owing to the City upon repeal of the ordinance shall be paid as
set forth in this ordinance and in the In-Lieu of Parking Fee
Agreements.
PASSED AND ADOPTED in regular session on second and fina~
reading on this the day' of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
5 ORD. NO. xx-99