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10-05-99 Regular OCTOBER 5, 1999 - 6:00 P.M./PUBLSC HE.g.RINGS 7:00 P.M. lo93 COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug 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 official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. 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 acSion 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. 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 September 21, 1999 6. Proclamations: Ao Florida City Government Week - October 17-23, 1999 B. National Red Ribbon Celebration - October 23-31, 1999 C. One Day in Peace - January 1, 2000 D. Order Sons of Italy In American Month - October 1999 7. Presentations: 8. Consent Agenda: City Manager recommends approval. A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and the Police Benevolent Association (Police Officers and Sergeants) for the three year period October 1, 1998 through September 30, 2001. B. EXTEND AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE TOWN OF GULF STREAM. Approve the extension of a Fire and Emergency Medical Services agreement with the Town of Gulf Stream to provide for a new expiration date of September 30, 2009 with additional 5-year renewal periods. C. RENEWAL OF TEMPORARY PARKING LOT PERMIT/PINEAPPLE TOWN: Approve renewal of the temporary parking lot permit associated with a commercial development known as Pineapple Town for one year (through September 22, 2000). The subject property is located at the southeast corner of Pineapple Grove Way and N.E. 2nd Street within the Central Business District. Regular Commission Meeting October 5, 1999 D. ACCEPTANCE OF EASEMENT DEED & RIGHT OF ENTRY AND LICENSE AGREEMENT WITH MARKUS (W~ITE DRIVE): Accept an easement deed for a five foot drainage easement and approve a right of entry and license agreement with Donald and Jeannette Markus, 1028 White Drive, to facilitate completion of the Rhodes Villa Avenue and White Drive drainage improvements project. E. SUBSIDIZED LOAN AGREEMENTS/CRA SUBSIDIZED LOAN PROGRAM: Approve four (4) agreements between the City, the Community Redevelopment Agency and various banks for the CRA's subsidized loan program, as follows: First Amendment to Subsidized Loan Agreement/Nationsbank; First Amendment to Subsidized Loan Agreement/SunTrust Bank; Second Amendment to Subsidized Loan Agreement/AmTrust Bank; and Subsidized Loan Agreement/Regent Bank. F. AGREEMENT WITH CHILDREN'S SERVICES COUNCIL: Approve the agreement between the City of Delray Beach and the Children's Service Council of Palm Beach County for $155,348.00 for the Delray Beach Parks and Recreation Department to run an after-school program for Delray Beach Elementary School students. G. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $12,000.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program) representing the 94th homeownership assistance grant provided through the program to-date. H. RESOLUTION NO. 63-99: Approve a resolution assessing costs for the demolition of an unsafe structure at 515 S.W. 2nd Street. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 20th through October 1, 1999. J. AMENDMENT #1 TO CENTER, BASED CHILD CARE AGREEMENT WITH THE SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve Amendment #1 to an agreement entered July 1, 1999 to provide for the developmental screening of preschoolers. K. AWARD OF BIDS AND CONTRACTS: 1. Renewal of annual maintenance contract with U.S. Filter/Davis Process Products, sole source vendor, for wet scrubbers located at sewage lift stations #1 and #11 in the total amount of $20,400.00, with funding from 441-5144-536-52.21 (W&S Lift Station Maintenance - Chemicals) from FY 2000 budget. 2. Bid awards to multiple vendors for the purchase of gasoline and diesel, via Palm Beach County Co-op Bid Regular Commission Meeting October 5, 1999 #99-166/PP, at an estimated annual cost of $238,363.87. Funding will be provided from 445-4714-572-52.11, 446-4714-572-52.11 and 501-3311-591-52.51 (1999-2000 Budget). 9. Regular Agenda: A. SERVICE AUTHORIZATION ~ 6 - DIGBY BRIDGES FOR THE TENNIS CENTER: Consider approval of Service Authorization #6 with Digby Bridges for the construction of two new tennis courts and other improvements at the Tennis Center. Funding will be provided from 334-4145-572-63.90 (Other Improvements-Tennis Center). B. LICENSE AGREEMENT FOR TENNIS CENTER SPECIAL EVENT - CROSSROADS CLUB: Consider approval for a license agreement with Crossroads Club, Inc. for an event to be held at the Tennis Center known as "Father Martin and Friends" to be held on November 13, 1999. C. SUCCESSOR AGREEMENT/DELRAY BEACH CULTURAL ALLIANCE: Consider approval for the acceptance of their assets upon dissolution of the not-for-profit corporation. D. CONDITIONAL USE MODIFICATION REOUEST FOR THE SUNDY INN: Consider a request for conditional use modification for the Sundy Inn to expand the land area to a lot at the southeast corner of the property and increase the number of guest rooms from 23 to 29. The subject property is located on the south side of S.W. 1st Street, between Swinton Avenue and S.W. 1st Avenue, within the Old School Square Historic Arts District. E. CONDITIONAL USE REQUEST FOR SAMARO STONE AND DESIGN, INC. Consider a request from Samaro Stone and Design, Inc. to allow the establishment of a monument and ornamental stone cutting facility on the west side of N.W. 18th Avenue, approximately 300' north of N.W. 1st Street. QUASI-JUDICIAL PROCEEDING. F. PROPOSAL TO SUBDIVIDE PROPERTY: Consider a proposal to subdivide property located at 704 N. Swinton Avenue and create two nonconforming lots. G. OFFER OF JUDGEMENT/DAIDOLA v. CITY OF DELRAY BEACH: Consider an offer of judgement in the case of Barbara Daidola v. City of Delray Beach in the amount of $9,999.00. H. CITY MANAGER EVALUATION I. CITY ATTORNEY EVALUATION 10. Public Hearings: A. ORDINANCE NO. 36-99 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Section 4.4.13(G) (2) of the Land -4- Regular Commission Meeting October 5, 1999 ~ Development Regulations by reducing the front setback requirement for properties located within the Central Business District (CBD) lying east of the Intracoastal Waterway. If passed, a second public hearing will be scheduled for October 19, 1999. (Applicant has cancelled his request to reduce the front setbacks east of the Intracoastal Waterway on Atlantic Avenue.) B. ORDINANCE NO. 37-99 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Section 4.6.13(G) (1) of the Land Development Regulations to provide for parking requirements for residential units in multi-family structures and mixed use buildings within the Central Business District. If passed, a second public hearing will be scheduled for October 19, 1999. C. ORDINANCE NO. 27-99 (SECOND READING/ADOPTION HEARING~: An ordinance amending the Comprehensive Plan to address state requirements regarding the siting of public school facilities and to address state requirements regarding intergovernmental coordination. 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. 38-99: An ordinance rezoning the Delray Oaks Preserve located at the northwest corner of Congress Avenue and S.W. 29th Street. If passed, a quasi-judicial public hearing will be scheduled for October 19, 1999. B. ORDINANCE NO. 39-99: An ordinance Chapter 31, "City Officials and Employees", Subheading "General Provisions", of the City Code by amending Section 31.02, "Compensation of Commissioners and Mayor", to provide for adjustments to compensation each year in a manner commensurate with increases in compensation to general City employees. If passed, a public hearing will be scheduled for October 19, 1999. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -5- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 5, 1999 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING: Back-up information is provided for the following: 9. A. SERVICE AUTHORIZATION ~6 - DI~BY BRIDGES FOR THE TENNIS CENTER: Consider approval of Service Authorization #6 with Digby Bridges for the construction of two new tennis courts and other improvements at the Tennis Center. Funding will be provided from 334-4145-572-63.90 (Other Improvements - Tennis Center). 9. ~ FINAL PLATT APPROVAL/VICTORIAN GARDENS SUBDIVISION: Consider approval of the subdivision plat for Victorian Gardens located on the southwest corner of No. Swinton Avenue and NW llth Street. RE~ MEMORANDUM CITY MANAGER TO: David T. Harden, City Manager FROM: Edward J. Gusty, Human Resources Director ~'~ SUBJECT: EXTENSION OF ClTY/PBA LABOR AGREEMENT DATE: September 28, 1999 The City of Delray Beach and the Police Benevolent Association Inc. have agreed to extend the current labor agreement from 10/1/88 - 9/30/00, a two year agreement, to 10/1/98 - 9/30/01, a three year agreement. Essentially, the terms of the new agreement provide for an increase in the hiring rate for Police Officer for all three years, and the recognition of educational incentive compensation for officers who possess or obtain a Bachelor or Associate Degree. The Career Officer Program initiated in 1999, is included in the salary schedules for the three years for officers who obtain the qualifications for additional compensation. We anticipate the approval of this new agreement to alleviate the recruitment and retention issues that have caused concern in the Police Department, as well as, provide for a longer period of labor stability which assist in the annual budget process. We recommend support and approval of this agreement and ratification by the City Commission. EJG/pf Attachments NED99.doc/pg40 [lTV DF DELRFIV BEFI[H CITY ATTORNEY'S OFFICE~°° ~TM^~' ~^~'~^~" ~,~o.,~^ ~... TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH ~ ~ o ~ , ~ · Writer's DircctLine: 561/243-7091 1993 DATE: September 29, 1999 TO: Barbara Garito, Deputy City Clerk FROM: Susan A. Ruby, City Attorney SUBJECT: PBA Collective Bargaining Agreement Attached are two originals of the above agreement signed by me. After they are fully executed, please send Ned Gusty and myself a copy. Thanks. Attachment PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. MAILING ADDRESS ~~~ ADMINISTRATIVE OFFICES 2100 N. Florida Mango Road ~ 2100 N. Florida Mango Road West Palm Beach, FL 33409-6400 West Palm Beach, FL 33409-6400 (56 l) 689-3745 (561 ) 689-3745 (561) 687-0154 Fax September 21, 1999 Facsimile: (56 l) 243-3774 David Harden, City Manager City of De!ray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 RE: Ratification of Memorandum of Understanding PBA/City of Delray Beach Agreement 10/1/98 through 9/30/01 Dear Mr. Harden: A ratification vote was held on September 17, 1999 regarding the proposed Memorandum of Understanding to the Delray Beach Police Officers and Sergeants contract, with the following results: 86 votes FOR 6 votes AGAINST If you have any questions, please contact this office. Very truly yours, General Counsel AMA:gs cc: PBA Reps Ned Gusty The Voice of Paint Beach County's Law Enforcement Ernest W. George, President - Robert Provost. Vice-President - Arthur Apicella, Secrclary-Trea.,'urer COLLECTIVE BARGAINING AGREEMENT between the City of Delray Beach and the Police Benevolent Association October 1,1998 - September 30, 2001 POLICE OFFICERS AND SERGEANTS CITY OF DELRAY AND THE PBA CONTRACT 10/1/98 - 9/30/01 TABLE OF CONTENTS Page Preamble 1 Article 1 Recognition 2 Article 2 Dues Check Off 3 Article 3 Union Representation 4 Article 4 P.B.A. Business 6 Article 5 Labor-Management Committee 9 Article 6 Bulletin Boards 11 Article 7 Solicitation of or by Employees 12 Article 8 Management Rights 13 Article 9 Hours of Work and Overtime 19 Article 10 Wages 23 Article 11 Hospitalization Insurance 27 Article 12 Pension Plan Matters 30 Article 13 Holidays 31 Article 14 Vacation 35 Article 15 Sick Leave 39 Article 16 Leaves of Absence With Pay 42 Article 17 Leaves of Absence Without Pay 43 Article 18 Bereavement Leave 44 Article 19 Miscellaneous Considerations 45 Article 20 Nepotism 47 Article 21 New Employee Agreements 48 Article 22 Probationary Period - New Employees 49 Article 23 Probationary Period - Promoted Employees 50 Article 24 Seniority 52 Article 25 Promotions 56 Exhibit A Promotion in the Police Department 58 Article 26 Physical Fitness 60 Article 27 Outside Employment 61 Article 28 Resignation 63 Article 29 Non-Applicability of Civil Service Act and Civil Service Rules and Regulations 64 Article 30 Compre. Alcohol & Drug Abuse Policy for City of Delray Beach Police Dept. Empl. 65 CITY OF DELRAY AND THE PBA CONTRACT 10/1/98 - 9/30/01 Article 31 Damage to City Property 72 Article 32 Discipline 74 Article 33 Absence Without Leave 79 Article 34 Police Bill of Rights 80 Article 35 No Strike 92 Article 36 Personnel Documents 94 Article 37 Uniform Allowance 95 Article 38 Grievance Procedures 96 Article 39 Workers' Compensation 107 Article 40 Contract Constitutes Entire Agreement of the Parties 108 Article 41 Severability and Waiver 109 Article 42 Duration, Modifications, and Termination 110 Article 43 Amendments 111 Article 44 Execution of Agreement 112 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 10/I/98 - 9/30/01 ARTICLE 44 EXECUTION OF AGREEMENT In executing this Agreement, the Chairman of the Labor Committee, Police Benevolent Association and bargaining representative of the P.B.A. represent that they have made the bargaining unit employees aware of their responsibilities individually and collectively under this agreement at a regularly scheduled meeting of the organization and that by an affirmative vote of a majority of the membership present and voting, the individuals executing this agreement have been authorized by the membership to take such action. Dated this day of , %-9~3~--1999 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk City Manager Approved as to form and legal sufficiency: City Attorney ATTEST: POLICE BENEVOLENT ASSOCIATION ~BA RepresentatiVe - 112 MEMORANDUM OF UNDERSTANDING The City of Delray Beach, Florida and the Police Benevolent Association (the parties) agree as follows: 1. Effective October 1, 1999, incumbent Police Officers and Sergeants who have completed their probationary period and are considered permanent employees shall receive a one time salary adjustment of $.96 per hour. Probationary employees upon completion of their probationary period during 1999/2000 fiscal year shall receive such $.96 per hour as of the date they are permanently appointed. This adjustment shall not be entitled to any other employee covered by this agreement. 2. Officers and Sergeants who possess or obtain a Bachelor's and/or Associate's Degree levels of higher education from certified colleges and universities shall receive educational incentive compensation as follows: Bachelor's Degree - $1.00 per hour Associate's Degree (or equivalent) - $.50 per hour The Educational Incentive bonus shall be paid as a bonus outside the salary range and included in overtime computation. 3. The Career Officers Program initiated in 1999 shall be applied to the base rate of compensation as follows: Master Police Officer $3,000 Career Officer 3 $2,200 Career Officer 2 $1,400 Career Officer 1 $ 600 The Career Officers Program compensation shall be paid within the ranges established for each classification, and shall include payment for overtime and pension computation. 4. The Patrol Incentive referred to in the MOU dated November 4, 1998 shall be continued for the life of the agreement dated October 1, 1998 - September 30, 2001. 5. That the Chief of Police as of 10/01/98, shall have the authority to hire Florida State Certified Officers and/or those with academic degrees (Associate/Bachelor Degree level) at a rate up to 10% above the entry rate for Police Officer. 6. Except as provided in paragraph 4, this MOU is intended to substitute for and supercede the entire MOU between the parties dated November 4, 1998 and that the MOU dated November 4, 1998, shall no longer have any force and effect. 7. That this MOU shall be effective for the term of the Collective Bargaining Agreement for the period of October 1, 1998 through September 30, 2001, when this MOU and the CBA are approved by the parties. 8. The parties represent that they have full legal authority to enter into this agreement. 9. All other terms of the CBA for the period 10/01/98 - 9/30/2001, are binding except where expressly modified herein or hereinafter modified by the parties. Dated this day of ,1999. Attest: City of Delray Beach, Florida By: City Clerk David T. Harden, City Manager Approval as to form: Police Benevolent Association By: City Attorney WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim October 17th through October 23, 1999 as FLORIDA CITY GOVERNMENT WEEK in the City of Delray Beach, Florida, and encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. And to encourage educational partnerships between city government and schools. 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 5th day of October, 1999. MAYOR JAY ALPERIN WHEREAS, drug and alcohol abuse remain prevalent in Palm Beach County; and WHEREAS, residents must turn their energies toward strengthening families, neighborhoods, and communities and toward educating people about prevention because data shows that prevention works; and WHEREAS, our continued commitment to education, prevention, and building positive lifestyles is imperative; and WHEREAS, the 1999 Palm Beach County Red Ribbon Celebration focuses on the importance of strengthening parent and community networks by creating an environment in which our youth may live healthy, safe lives; and WHEREAS, that during this celebration, we honor the law enforcement officers in whose memory we use the symbol of the red ribbon, we look to the strength of a unified community in restoring the peace and order which has suffered with the influx of illegal drugs, and that we support the efforts of our communities to create healthy and safe neighborhoods. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim October 23rd through October 31, 1999 as NATIONAL RED RIBBON CELEBRATION in the City of Delray Beach, Florida, and encourage its citizens to wear a red ribbon and all businesses, media, and public and private institutions to display Red Ribbons to symbolize our commitment to establishing a healthy and safe community for our citizens, especially our children, and to participate in events throughout the celebration that support positive lifestyles. 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 5th day of October, 1999. MAYOR JAY ALPERIN Wi-i~A5, tooacco, mconm, ana omer arug at)use remain prevment m ~'mm ~each Lounty; WHEREAS, Residents must mm theirenergies toward street, . neighborhoods, and communities and toward educating people about prevention because data shows that prevention works; and WHEREAS, our continued commitment to education, prevention, and building positive lifestyles is imperative; and WHEREAS, the 1997 Palm Beach County Red Ribbon Celebration focuses on the importance of strengthening Parent/community networks by creating an environment in which our youth may live healthy, safe lives; and BE IT FURTHER RESOLVED, that during this celebration, we honor the law enforcement officers in whose memory we use the symbol of the red ribbon, we look to the strength of a unified community in restoring the peace and order which has suffered with the influx of illegal drugs, and that we support the efforts of our communities to create healthy and safe neighborhoods. NOW, THEREFORE, I, Paul R. Ilyinsky, Mayor of the Town of Palm Beach, do hereby proclaim October 23-31, 1997, as "NATIONAL RED RIBBON CELEBRATION" and urge all residents in the Town of Palm Beach to wear a red ribbon and all businesses, media, and public and private institutions to display Red Ribbons to symbolize our commitment to establishing a healthy and safe community for our citizens, especially our children, and to participate in events throughout the celebration that support positive lifestyles. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the Town of Palm Beach, Florida, to be affixed this 15t~ day of September 1997. ~~a~l R~. lly~nsk Mayor Town of Jupiter PROCLAMATION A PROCLAMATION OF THE TOWN OF JUPITER, FLORIDA DECLARING OCTOBER 23 - OCTOBER 31, 1997 AS NATIONAL RED RIBBON WEEK WHEREAS, tobacco, alcohol, and other drug abuse remain prevalent in Palm Beach County; and WHEREAS, residents must turn their energies toward strengthening families, neighborhoods, and communities and toward educating people about prevention because data shows that prevention works; and WHEREAS, our continued commitment to education, prevention, and building positive lifestyles is imperative; and WHEREAS, the 1997 Palm Beach County Red Ribbon Celebration focuses on the importance of strengthening parent/community networks by creating an environment in which our youth may live healthy, safe lives; and WHEREAS, during this celebration, we honor the law enforcement officers in whose memory we use the symbol of the red ribbon, we look to the strength of a unified community in restoring the peace and order which has suffered with the influx of illegal drugs, and we support the efforts of our communities to create healthy and safe neighborhoods. 'PARTNERSHIP FOR A DRUG-FREE COMMUNITY A Prevention Program Of Growing Together, bTc. Red Ribbon Celebration A national substance abuse and awareness week "No use of illegal drugs, and no illegal use of legal drugs." The Celebration began in 1985 (always October 23-31) as a result of the outrage and frustration over the brutal torture and murder of Federal Drug Enforcement Administration Agent, Enrique Camarena (Kiki), by drug traffickers in Mexico. The Red Ribbon symbolizes a healthy, productive lifestyle, and a commitment to the slogan. A variety of events are held throughout the County during the Red Ribbon week, and in the past has concluded with an awards luncheon honoring individuals from all walks of life who have made a difference in Palm Beach County. This year the national Honorary Chairpeople are Gov. and lvtrs. Jeb Bush. The new slogan is "Get real! Real drug free?' Our Palm Beach County co,Ta-,aittee is a diversified and dedicated group, whose goal is to make this event meaning~l to our community, especially youth. Part of the planning process is to include youth. We have as a goal to showcase youth in prevention presentations as well. To date our activities will include: Oct. 23 Health and Prevention Fair at the' V.A. Hospital Oct. 23-25 Drug-Free Sports Vv'eek,end CYouth boxing tournament) Oct. 25 Picnic Drag Sumrtfit for Youfl~ (500) Oct. 26 Performing Arts Prevention Presentations V~L.CX~' .a~"~, x'[r~.vv ~, Red Pdbbons ~n schools Oct. 28 Parent and Youth Communication Day (7 conferences) Oct 29 Reserved for Memorial service for law officers Oct 29-31 Faith Week-end If you t. .... ,,av~ any questions or concerns please,~,,~" Doris Carroll Program ~ '~-~o - EECEIVED 5 No~h Fl Street, t.ake Worth, FL 33460 (561) 582-3292 WHEREAS, Peace begins with each of us, when we respect ourselves, each other, the planet we share, and try to work out our problems peacefully; and WHEREAS, we can help create peaceful communities by focusing on how we interact with our families, our neighbors and co-workers; and WHEREAS, we can lessen violence and separation when we pull together for a common goal; and WHEREAS, a Global Movement is Growing, Asking the World to Declare One Day of Peace on January 1, 2000, as a symbol of a new beginning for humanity and the United Nations has declared the Year 2000 as the International Year for the Culture of Peace. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby proclaim January 1, 2000 as ONE DA Y IN PEA CE in Delray Beach, Florida, and urge all citizens to celebrate the Year 2000for the Culture of Peace, and to recognize the importance of promoting peace and harmony in our community, each and everyday, one day at a time. IN WITNESS WHEROF, 1 have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5th day of October, 1999. Jay A lperin Mayor ONE DAY IN PEACE PROCLAMATION ] WHEREAS, Peace begins with each of us, when we respect ourselves, each other, all living things and the planet we share, and try to work out our problems peacefully; and WHEREAS, We can help create peaceful communities by focusing on how we interact with our families, our neighbors and co-workers; and WHEREAS, We can lessen violence and discrimination against race, religion, sex, and ethnic origin when we pull together for a common goal; and WHEREAS, A GLOBAL MOVEMENT IS GROWING, ASKING THE WORLD TO DECLARE ONE DAY OF PEACE ON January 1, 2000, as a symbol of a new beginning for humanity that continues for the rest of our lives and beyond. The United Nations has declared the Year 2000 as the Interna- tional Year for the Culture of Peace; NOW THEREFORE, I do hereby proclaim January 1, 2000 as ONE DAY IN PEACE (for the rest of our lives) and urge all citizens to celebrate the Year 2000 as the Year for the Culture of Peace, and to recog- nize the importance of promoting peace and harmony in our lives, in our families and in our com- munity, each and every day, one day at a time. This proclamation is presented by The Unity School Student Council, as representatives of our student body, to Jay Alperin, Mayor of Delray Beach, Florida on October 4, 1999. WHEREAS, the Order Sons of Italy In America (OSIA) are Americans of Italian Ancestry who share in a number of cultures, through their heritage. They participate in Roman culture that gave them law, architecture, music and painting; and WHEREAS, as members of a Fraternal Order it is their desire to bond together in the common purpose of the group, in the realization that through intelligent, conscientious exercise of civic duties, they strengthen our country and help to broaden the American way of life; and WHEREAS, for decades, OSIA and the Commission for Social Justice have provided a wide variety of programs for the benefit of all Americans; programs which include, the March of Dimes, the American Red Cross, Cooley's Anemia Foundation, the Arthritis Foundation, United Cerebral Palsy, Boys Town of Italy, The Children's Inn in New Hampshire, the National Law Enforcement Officers Memorial, and support of scholarships on the local, State and national level. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim October, 1999 as ORDER SONS OF ITALY IN AMERICA MONTH in the City of Delray Beach, Florida, as the Lodge celebrates Christopher Columbus and Italian Heritage, and recognize the importance of this very worthy service organization. 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 5th day of October, 1999. MAYOR JAY ALPERIN O']T-Ol-lqqq =' ~'~ 1~,.== PERSOIIAL TOUCH GLASS HIRRP.O1 1599 S.W. 30lb Awe. Suile 10 Boynton Beach, FL 33426 FA,C$IMILE T~ANSMITTAL ,$H~T I NLIMB~K OF PAGES: TCITAL F'. O1 ©]T-01-1999 1]:2] PER$OI~L TOIIcH ~'~'~'~ _ September 30, 1999 To whom it may concern, My name is John Passanisi and I am the President of the DELRAY BEACH LODGE ~2719, ORDER SONS OF ITALY IN AMERICA: I would like to take this opportunity to request a Proclamation to our Lodge and its members as we are celebrating Christopher Columbus and Italian Heritage month as declared by our Governor. I am submitting a brochure telling you something about our Fraternal non-profit organization. We are very proud of our success in our fundraising for various charities and our support in scholarships given to Students on the local, State and national level. We the members of the Delray Beach Lodge have also been active in supporting and participating in our communities events, such as, "JAZZ ON THE AVE., XMAS TREE GREETING, ST. PATRICKS DAY PARADE, ETC, ~nd were looki[~g forward to our involement at the GARLIC FESTIVAL. We are very proud to have ~s a ~onorary member of our Lodge, Mayor ~ A'~hern who ~ill be a~tend~ng our general meetin~ on Oct. 20th, 1999. Thank you for your consideration in addressing this request~ President OSIA 0C:T-01-1999 1]: 2-4 PERSQIIF~L TOUE:H GLF~$$ ['IIRR F'. 02 0,iT-0i-1999 13:~ P~P~$OIIf~L TOI MH F-"-'~~ -:--' - - -~'~-:, I'1 ! RR f', 03 [ITY OF DELRI:I¥ BEI:i[H CITY ATTORNEY'S OFFICE ~oo ,w ,~, ^~. ~.^~ .~^~., ~o~,~^ ~... TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct L~e: 561/243-7~1 lJJ.lmeri~ CJ~ 1993 TO: Ci~ Co~ission FROM: Brian Shu~, Assis~nt Ci~ Attorney SUBJECT: Interlocal Agreement Between the Ci~ and the Town of Gulf S~eam Regarding Fire and Emergency Medical Service Attached please find an Interlocal Agreement between the Ci~ and ~e Town of Gulf Stream regarding fire and emergency medical services provided m ~e Town of Gulf Strem by the Ci~. The Ci~ will provide ~e same services relating to fire suppression, rescue, review of building pla~ for fire code and life safety compliance and emergency medical transpo~ to the Town of Gulf Stream as it presently provides to residents of the C~ty. The City curremly has an ~terlocal agreemem with the Town of Gulf Stream provid~g for the services listed above. That agreemem will expire on September 30, 2002. The Town of Gulf Strew, at t~s t~e, wishes to execute ano~er interlocal agreement to provide for a te~ination date of September 30, 2009, wi~ additional five year renewal periods. The proposed interlocal agreemem is essemially ~e same as ~e currem interlocal agreemem, the o~y major change is the exte~ion of ~e te~i~tion date. By copy of this memorandum to David Harden, City Manger, o~ office reques~ ~at ~is item be placed on ~e October 5, 1999 City Co~ission agenda. Please call if you have any questions. Attac~ent cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Bob Rehr, Fire Chief INTERLOCAL SERVICE AGREEMENT BETWEEN THE CITY OF DELR3tY BEACH AND THE TOWN OF GULF STREAM THIS AGREEMENT entered into on this day of , 1999 by and between the CITY OF DELR3tY BEACH,FLORIDA, a Florida municipal corporation, and the TOWN OF GULF STREAM, FLORIDA, a Florida municipal corporation. W I TNE S S E TH: WHEREAS, the Town of Gulf Stream presently does not maintain a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel; and, WHEREAS, the City of Delray Beach does presently maintain such a Fire and Emergency Medical services Department with fire fighting and emergency medical equipment and personnel; and, WHEREAS, in order to protect the health, safety and welfare of all residents of the Town of Gulf Stream and the City of Delray Beach who may be in the jurisdictional boundaries of the Town of Gulf Stream, it is deemed mutually advantageous to enter into this Agreement, providing for fire and emergency medical services by the City of Delray Beach within the municipal boundaries of the Town of Gulf Stream; and, WHEREAS, Florida Statutes 163.01 authorizes execution of interlocal agreements to provide for such aid and assistance. WHEREAS, the Town of Gulf Stream acknowledges that it is familiar with the facilities and equipment of the City of Delray Beach and has informed itself as to the scope and capabilities of facilities and equipment available, and does hereby accept these services and facilities as being adequate and capable for emergency and other related purposes within the incorporated area of the Town of Gulf Stream. NOW THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. The City of Delray Beach, during the term of this agreement shall provide the following services to the Town of Gulf Stream through the Delray Beach Fire Department and its officers and personnel responding from City of Delray Beach Fire Stations and administrative facilities. A. Fire Suppression. B. Heavy Rescue and Associated Extrication. C. Basic and Advanced Life Support Pre-Hospital Emergency Medical Services, and emergency transportation to medical facilities. This service will be provided under the same terms and conditions as provided to the residents of the City. The residents of the Town will be responsible for payment of such services under the same terms and conditions, as are residents of the City. The City shall provide Emergency Medical Transport Services for the Town as long as the City possesses a Certificate of Public Convenience and Necessity. If for any reason the City no longer possesses a valid Certificate of Public Convenience and Necessity it shall cease to provide Emergency Medical Transport Services to the Town. D. Public Fire Safety Education. E. Fire Prevention and Life Safety Inspections in all occupancies other than one and two family residences. F. Fire code and Life Safety plans examination and review for building permits for occupancies and structures other than one and two family dwellings. G. Initial Hazardous Materials Incident Response and scene Control. 2. In the event the City of Delray Beach is notified by the appropriate officials in the Town of Gulf Stream, or by the public through the Police-Fire Communication Center of the City of Delray Beach, of the existence of a fire or other emergency including the need for emergency medical services within the municipal boundaries of the Town of Gulf Stream the City of Delray Beach shall supply such emergency equipment and personnel as are then reasonably available to the City of Delray Beach in the same manner as provided to the citizens of Delray Beach. 3. The final and ultimate determination as to whether a particular notification gives rise to a life-threatening or emergency situation shall solely be the policy determination of the personnel of the City of Delray Beach. 4. This Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on the City of Delray Beach to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City of Delray Beach, or at any emergency scene within the Town of Gulf Stream within a specific time frame. The City of Delray Beach will dispatch and assign the closest, appropriately staffed and available vehicle(s)to emergencies within the Town of Gulf Stream. The City will endeavor to maintain a dispatch to arrival time within seven (7) minutes. 5. The Town of Gulf Stream acknowledges its responsibility under Section 633.025, Florida Statutes, 1998, concerning minimum Fire Safety Standards. The City of Delray Beach, through its Fire Department, will conduct all necessary or mandatory fire safety inspections and inform the Town Manager of the Town of Gulf Stream of any fire safety matters which require correction. The Town of Gulf Stream shall enforce all applicable fire safety standards in a timely manner and shall report the abatement and disposition of the reported violations to the City of Delray Beach. The City of Delray Beach, through its Fire Department, will provide all necessary technical assistance to the Town of Gulf Stream in order to facilitate this process. 6. The Fire Chief of the City of Delray Beach shall have full and complete authority through the normal chain of command over the operation of Delray Beach Fire Department personnel, vehicles and equipment while in the Town of Gulf Stream. 7. The Town of Gulf Stream officials and employees and citizens and residents shall not interfere with the direction, management and deployment of the Delray Beach Fire Department, its personnel or equipment at any time during fire fighting or other emergency situations. 8. All suggestions or complaints concerning services provided under this agreement shall be directed to the attention of the Fire Chief of Delray Beach, in writing, for proper administrative remedy and/or response, as the case may be. In the event the Town of Gulf Stream has a dispute with respect to the City of Delray Beach's performance hereunder, the Town of Gulf Stream, by its governing body, Mayor, Manager or other appropriate municipal official shall forward to the Chief of the Fire Department for the City of Delray Beach, the disputed matter. In the event that the disputed matter is not addressed in a manner suitable to the Town of Gulf Stream, the town shall request of the Chief of the Fire Department for the City of Delray Beach, Florida, that the disputed matter be resolved by the City Manager of the City of Delray Beach. If the disputed matter cannot be resolved by the City Manager of the City of Delray Beach, the disputed matter shall be scheduled on the next available Delray Beach City Commission meeting or workshop as the City Manager deems appropriate. 9. The parties hereto further understand and agree that a possibility exists that the Delray Beach Fire Department may receive simultaneous calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies in the City of Delray Beach and the Town of Gulf Stream, the judgement of the Fire Chief of the City of Delray Beach, or the senior Fire Department Officer on duty at the time, 3 as to which call should receive first priority response, shall be binding upon the parties hereto and shall control actions of both parties hereto. If the City of Delray Beach can not respond to a call for assistance from the Town of Gulf Stream due to multiple calls and/or alarms in progress the caller from the Town of Gulf Stream will be so advised and all reasonable efforts will then be made by the City of Delray Beach to arrange for a suitable response from another agency or jurisdiction cooperating with the City of Delray Beach through various mutual aid agreements in effect at the time. At the time of the execution of this agreement the City of Delray Beach has Mutual Aid Agreements in effect with the Cities of Boynton Beach, Boca Raton, Palm Beach County and is a participant in the Fire-Rescue Interlocal Agreement for Governmental Agencies in Palm Beach County and the interlocal agreement for Regional Hazardous Materials Response Services. The City of Delray Beach will endeavor to notify the Town of Gulf Stream of any changes in these agreements. 10. The Town of Gulf Stream shall inspect annually all fire hydrants within its corporate limits to verify their satisfactory operation and function and agrees to repair or cause to be repaired all fire hydrants, branch'valves, and sectional valves within the municipal water distribution system which could affect fire suppression operations. It is further understood that all fire hydrant threads shall conform with those used by the Delray Beach Fire Department or non-conforming threads, if any, shall be changed without delay at the expense of the Town of Gulf Stream. Inoperative fire hydrants, valves, etc. within the municipal distribution system shall be repaired without delay, but in no case later that thirty (30) days following discovery of any deficiency. Fire hydrants which are placed out of service shall be immediately reported to the City of Delray Beach Fire Department. Immediate notice shall also be given when said fire hydrants are returned to service. 11. The Town of Gulf Stream shall report all street and road closures and openings immediately to the City of Delray Beach Fire Department. 12. Ail exemptions from ordinance and rules, and all pension, insurance, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of the City of Delray Beach, when performing their respective functions within the territorial limits of the City of Delray Beach, Florida shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties within the Town of Gulf Stream. 13. During the term of this agreement, the City of Delray Beach shall be the sole provider of the services enumerated within the Town of Gulf Stream. 14. The Town of Gulf Stream agrees to pay the City of Delray Beach, during the term of this Agreement, a service fee for the emergency and administrative services enumerated above. The service fee is based on the annual operating budget of the City of Delray Beach for the provision of Fire Prevention, Fire Suppression, Emergency Medical Services, and related services; the population of the City of Delray Beach; and the population of the Town of Gulf Stream. This fee entitles the Town of Gulf Stream and its residents access to the previously enumerated fire department services and programs. Extraordinary events or unusual demands for services requiring personnel and/or equipment to be stationed within the corporate limits shall be billed separately by the City of Delray Beach to the Town of Gulf Stream based on the actual costs to provide these services. In the case of hazardous materials abatement and/or mitigation, these extraordinary costs shall be paid directly to the vendors or, outside contractors involved as directed by the City of Delray Beach. 15. Beginning on the effective date of this agreement, the Town of Gulf Stream shall pay to the City of Delray Beach an annual service fee of $123,260. One twelfth of this amount will be due and payable on or before the first business day of each month. The Finance Department of the City of Delray Beach shall bill the Town of Gulf Stream for this amount on or before the 15th day of the preceding month. In the event payment is not made timely, a late charge equal to the then prevailing legal rate of interest shall be added to the Town of Gulf Stream's liability to the City of Delray Beach, Florida. Interest shall be compounded daily commencing with the first business day of each month. If payment is not received for two successive months, then upon thirty (30) days notice the City of Delray Beach, Florida, may terminate its responsibilities as provided herein. 15a. The parties agree that the annual service fee may be adjusted to offset increased costs of providing the enumerated services and programs due to extraordinary unfunded mandates of the Federal, State or County governments. 16. The Town of Gulf Stream and the City of Delray Beach agree that the service fee shall be adjusted annually based on the "All Urban Consumers - United States" April Consumer Price Index (CPI). The projected annual service fee adjustment will be reported to the Town Manager of the Town of Gulf Stream on or before July 15th of each year and will become effective on October 1st. 17. All notifications of claims shall be provided in writing to the respective Town Manager and City Manager of the parties hereto. This does not apply to notifications of necessity for supplying of emergency services which are the subject of this Agreement. 5 18. This Agreement represents the entire Agreement between the parties and supersedes all prior negotiations, representations, or agreements either written or oral, including the 1983 "Emergency Medical Services Agreement" This agreement may only be amended or modified in writing and executed by all parties to this Agreement, except as previously provided above with the annual service fee. 19. The term of this Agreement shall be for ten (10) years beginning October 1, 1999 and extending through midnight on September 30, 2009 with options to renew for additional periods of five (5) years each upon the mutual agreement of both parties hereto in writing. 20. This agreement may be terminated for good cause only in the event of breach of its terms or in the event of the inability of the City of Delray Beach to provide the services specified herein. In the event that either party desires to terminate this agreement for good cause resulting from the breach of its terms, the party alleging the breach shall give notice of its intent to terminate this agreement at the end of a contract year upon submission to the other party. Said notice shall be in writing and shall be given at least six (6) months prior to the end of any twelve month period which commences on October 1st and terminates on September 30th of the subsequent year. If an impasse arises as to whether either party has breached this agreement, each party shall select an independent party to act as an arbitrator, and the two arbitrators selected by the parties shall select a third arbitrator and the arbitrators by majority vote shall decide whether the party has breached this agreement and shall also decide any other dispute arising hereunder. Said arbitrators shall act in accordance with the rules of the American Arbitration Association and the parties hereby agree that they shall be bound by the decision of the arbitrators. In the event of termination for cause resulting from the inability of the City of Delray Beach to provide the services specified pursuant to the terms of this agreement, the City of Delray Beach shall provide the Town of Gulf Stream at least six (6) months notice prior to the end of any twelve month period which commences on October 1st and terminates on September 30th of the subsequent year. Any inability to provide the services specified in this agreement shall be substantiated only upon a clear showing by the City of Delray Beach of a similar inability to provide said services for the residents of the City of Delray Beach. 21. Any cost of expenses (including reasonable attorney's fees) associated with litigation concerning the terms and conditions of this agreement shall be borne by the non-prevailing party, provided however, that this clause pertains only to the parties of this agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on this day of , 1999. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk - Alison MacGregor-Harty Mayor - Jay Alperin Approved as to Form: TOWN OF GULF STREAM, FLORIDA By: City Attorney, City of Delray Beach Mayor - William F. Koch, Jr. Susan A. Ruby ATTEST: Town Clerk - Rita L. Taylor Approved as to Form: Town Attorney, Town of Gulf Stream TO: DAVID T. HARDEN, CITY MANAGER ~_ [~;[J,~Z I:P~ ~ - __[[~J-~;[J[ I' THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNIFIG AN/D/7(~J~IG~-)//'~"*~ FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNEI~--~cc~'~w'° SUBJECT: MEETING OF OCTOBER 5, 1999 ***CONSENT AGENDA*** REQUEST TO RENEW A TEMPORARY PARKING LOT PERMIT WITHIN THE CBD AT THE SOUTHEAST CORNER OF PINEAPPLE GROVE WAY AND N.E. 2N~ STREET ASSOCIATED WITH A COMMERCIAL DEVELOPMENT KNOWN AS PINEAPPLE TOWN At its meeting of August 19, 1998, the Site Plan Review and Appearance Board (SPRAB) approved a Class III site plan modification for Pineapple Town which included the conversion of the building at the northeast corner of the site from retail/office to a restaurant (1st Frank); installation of a 5-space asphalt parking area; and installation of a 6-space temporary pea rock parking lot. Installation of the temporary lot was subject to City Commission approval. At its meeting of September 22, 1998, the City Commission approved the request to establish the temporary parking lot on the site, subject to the provisions of LDR Section 2.4.6(H). Due to site constraints, when the lot was constructed it included only 4 spaces. LDR Section 2.4.6 (H) states that permits for temporary parking lots are to be issued for one-year time periods, for a maximum of three years. The code states further that the temporary parking lot shall be monitored for compliance with the approved plan. Should the City Manager find that the operation of a lot is not in compliance or if the lot has an adverse effect on surrounding properties, and the applicant is unable or unwilling to rectify the problem, the permit may be reviewed by the City Commission for revocation. A request has been submitted to renew the Pineapple Town temporary parking lot for another year. The lot has been properly maintained and operated, and staff is not aware of any problems or complaints. LDR Section 2.4.6(H)(4) states that the temporary parking lot site plan shall be reviewed and recommended for approval by the Parking Management Advisory Board prior to submission to the City Commission for consideration. On September 28, 1999, the PMAB reviewed and recommended approval of the request to allow the temporary parking lot to remain for another year. Approve the request to renew the temporary parking lot permit for Pineapple Town for one year (September 22, 2000), subject to the provisions of LDR Section 2.4.6(H). Attachment: r~ Site Plan [lTV OF DELRFIV BEII[H CITY ATTORNEY'S OFFICE ~oo ,w ~, ~.,~,~.^~,,,~^~,_,, ~,~o,.,,~^ ~.. TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 p~LRoAY" B,EA.CH~ Writer's Direct Line: (561) 243-7090 A~.Amedca City. MEMORANDUM 1993 TO: Ci~ Core. fission FROM: R. Brian Shutt, Assistant City Attorney SUBJECT: Rhodes Villa Avenue and White Drive Drainage Improvements - Acceptance of Drainage Easement and Right of Entry Agreement The City's Engineering Departmem is planning to upgrade the drainage outfall pipe along the west side of 1028 White Drive. Mr. and Mrs. Donald Markus have executed the Easemem Deed for the five-foot drainage easemem. The City has also received a five-foot drainage easement from the adjacent property owner. 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 easemem is necessary. At this time, if the City Commission desires, it should accept the five-foot easement from Mr. and Mrs. Markus. The Right of Emry/License Agreemem should also be approved. If you have any questions, please call. RBS:srnk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Prepared by: RETURIq: David N, 'l'olees. Esq. City Attorney's Office 200 N.W. Ist Ave,ue Dehny Bench, Florida 33444 I'C # 12-43-46-2 I- 15-001}-0220 EASEMENT DEED Tills INOENTURE, made this .oq.nJ day of /~ t./.q ttS~-' ,19~, by and between DONALD MARKUS and JEANNETTE MAI~US, a n~tled couple, wi~ n m~ling address of 1028 White Drive, Dehny Beach, Flmida 33483, p~y of tim first p~, ~d the CITY OF DELI~Y BEACII, wilh n mnlll,g nd&ess of 100 N.W. 1st Avenue, Delrny Bench, Florida 33444, n municipal cotpotntlon in Pnhn Bench Co~ty, Stale of Florida, p~y of~e second p~: WI'fNESSETII: ~'hnt the pmty of the first p~t, for m~d in eomldemtlon of One s~ of Teu ($ !0.00) Dollars and olber good ~d valuable considerntions to it in h~d paid by fl~e snld party of the seco,d p~l, the receipt of which ts hereby ae~owledged, does hereby graut, bargain, sell nnd release uuto Ihe p~ty of the seco,d part, its successors ~d ,si~s, n ~ght of way and perpetual enseme,t For the purpose of: iuslnllntion ~d malnte~ of public utililies with full nttd Free tight, liberty, nttd authority to enter upon nttd to i~tall, operate, and maintain such utilities well under, across, tl~ougb m~d upon, over, uuder or within 0re followiug descried property located in Palm Beach County, Florida, to-wit: See E~6bit "A" Concomitant a,d coexte,sive with this right is (lie further right in the patty of the second patty, its successors m~d nssig,s, of ingress and egress over m~d on that poflion of above, to effect the purposes of Ihe ensemenl, ns expressed heteinnfler. 'lhnt II,is easement shall be subject only to lhose easements, t~iclio~, ~d tese~ations of record. That the pmty of the first prat agrees to provide for fine tele~e of m~y mid nil mortgages or liens encuutbedng lids e~enteut. The p~ty of O,e first prat also agrees to erect no building ~r e~ect auy other kind of construction ot improvements upon Ore above-described properly. It is understood that upon completion of such iustallation, nil lands dlstm~d thereby as result of such installation or spoilage deposited Ibeteon, will be restored lo i~ otiglunl condition or better wilhout expense to the properly owuer. Patty of the first prat does hereby fully wnnma the lille lo said Im~d ~d will defend Ihe same against the lawful clnluts of all persons whomsoever claimed by, tleough or mtder i~ flint it has good tight aud lawful authority to gtmt( rite nbove-desctib~ ~ement,~d tme,ctanbetcd. Where ilse co,lext of flus Easement Deed allows or pe~l~, the stone slmll include the successors or nsslgns of Ihe parties. IN WITNESS WIIEREOF, the patties to this Easement Deed set their hands nnd seals the day and year first above written. WITNESS ~1: PARTY OF ~[t~IRST ~RT/ (name printed or typed) WITNESS fi2: (atone pri~lted or lyp~d) Ilfi~'&'~ UV~l~l~Ol~ lB STATE OF FLO~DA tl~ ~S:F~w~ II ~otegoing lnsltument was acknowledged before me this~ny of~ 19g by~~_eg ~af~ (name of person .c~owledging)," / ~who -- . ~nlly ~,' 1o me or who has pt°duced (type of identification) ns identificnlion m~d who did {did not) take m~ oath. / -~ ~ & $ig~0f Nota~ Public - 81ate of Florida WITNESS ~ I: PARTY OF TIlE FIRST PART O~rre It (name printed or typed) WITNESS fi2: (name printed or typed) I1~. ~" Is STATE OF FLO~DA I1~ ~a:r~ II COUNTY Ol ~er~ii~l~ me o~ who has ~toduced . Oype of identification) ns identification and who did (did not) l~e an oath. - ~--_ ..~ S~g,aluteofNol~ Pubhc $lale of Florida MARKUS.A~ r 2 soLrm,. INCORPORATED 5 U R V g Y O 2dec97 EASEM~:NT DESCRIPI~ON The West .5.00 feet of the following described IMtcel of Land: LOT 22, DELRAY BEACH SHORES, ACCORDllqO TO THE PLAT TItF..REOF, AB RECORDED IN PLAT BOOK 23, PAOE 167 OF TIlE PUBLIC RECORD8 OF PALM BEACH COUHTY, FLORIDA. Subject to easements, ~sirictions, reservations, covenants and fights-of-way of record. CERTIFICATION I henri certify thai this Easement Desctil~ion nnd Graphic Depiction is tree and correct Io the best of my knowledge nnd belief, based on n field Suxvey peiformed under my ,ditecl supervision on 17nov97; nnd thn! snid Des~p0on and Depiction coni'ofins to the Minimum Technical Stnndards set foflh by the Flodda Board of Pt~fessionnl Stuveyors and Mappers in Clmp~er 61{317-6, Florida Administrative Code pursuant to Section 472.027, Floridn Stntules. Manuel A. Outi/~~ Professional Surveyor & Mapper Fla. Eeg. # 4102. Pnge I of 2 EXHIBIT "A" 101 S.E. 6th Aveflue · Delrny Bench, Florida :~483 * ~1.276:7:341 FAX:E76.734a, DRAINAGE LINE 0 ! 0 u~oo STATE ROAD A--- 1_.A Page 2 of 2 RIGIIT OF ENTRY AND LICENSE AGREEMENT FOR DILMNAGE CONSTRUCTION I'ROJECT: Rhodes Villa Avenue & White Drive Drainage hnprovements PROJECT NO. 98-001 PARCEL NO. 12-43-46-21-15-000-0220 I'I~.OPERTY OWNER: Donald & Jemmette Markus 1028 White Drive Delray Beach, Florida 33483 TillS AGREEMENT entered into this.~~day of .~ _t_~l_~ld_ ~'' 19..~, by and between the CITY OF DELIL4.Y. BEACII, a Florida municipal corporation, (hereinafter referred to as crrY), aud DONALD MARKUS and JEANNETTE MARKUS, referred to as {.OWNER), provides as follows: WlIEREAS, the CITY desires to complete stormwater drainage improvements associated with the above-named project, which is located at the property described below; and, WlIEREAS, the CITY has determined that the improvements are necessary to protect the public health, safety and welfare; and, WIIEREAS, 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; WlIEREAS, as part of this project, the CITY will return the disturbed area to like or better conditiou than prior to construction. Page I of 2 NOW, TIIEREFORE, 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 lm~d of OWNER for the purpose of constructing the project. 1. The above-stated recitals ~e iucorporated herein as if fully set for~ herein. 2. It is further agreed that the license and rights granted herein shall cease upon completion and finalization of the conlract which said work is performed. 3. This Agreement constitutes the entire agreement m~d underst~ding of the parties, and supersedes ali offers, negotiations, and other agreements. There are no represeutations or understandings of auy kind not set forth herein. ~y amendments to this Agreement must be in writing aud executed by both parties. IN WITNESS WlIEI~OF, the parties hereto have entered into this Agreement as of the clay and year first above written. WITNESSES: ~WNER (~ame l)rinted or Typed) (~a~nted or Typed) STATE OF !1 mv st Il COUNTY I1~ exPl~t8: F~,~,m perso~n Ily kno~t~ m~or~h[ ha~ produce~ (type o[ identification) as identificatiou m~d who did (did not) take an oath. Signature o[ Nota~ Public Page 2 or 2 WITNESSES: OWNER //j (Name Printed or Typed) (Na~~d or Typed) STATE OF MY C~MISSlON ~ ~ 8~2~ EXPIRES: Febm~ 25, COUNTY OF ~ .The redoing instrument wa~ 0c~owledged before me this ~ay of 19 ~ ~~fi ~~~ ~C~ (name of person ac~owledg~s ~er~hily kno~ to me or who has produced ~ . (type of identification) a~~ and who did (did not) take an o~ ~ ~ 8ignat~of ~t~ Public CITY OF DELRAY BEACH, FLORIDA By: ATTEST: Jay Alperin, Mayor City Clerk Approved as to Fomu ~,._y.~..~..._,.__r----~ ~,~..i ty Attorney mmkus- I .ngt Page 3 of 3 ':.:i ; : '.' .... : INCORPORATED L A N D S U R V E Y O R S 2dec97 EASEBtENT DESCRIPTION The West 5.00 feet of the following described Parcel of Land: LOT 22, 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 essements, restrictions, n~ervations, covennnts and rights-of-why of t~otd. CKRTIFICATION I hereby certify thai this Easement Description nnd Graphic Depiction is true and correct to the best of my knowledge and belief, based on n field Survey performed under my .direct supervision on 17nov97; nnd that said Description and Depiction coni'orlns to the Minimum Technical Slandnrds set forth by the Florida Board of PrOfessional Surveyors und Mnppers in Chapter 61G17-6, Florida Administia~tive Cede purmant to Section 472.027, Florida $1atutes. Manuel A. Profess~onnl Sut~.yor & Mapper Fin. Eeg.# 4102. Page 1 of 2 EXI~BIT 101$.E. 6thAvenue * DelrnyBeacb, Flor'lda554e~ * 561.276:7341 FAX:276..7344 tl~ ,. 115' U,oO STATE ROAD A-- 1..A Page 2 oF 2 CommUnity Redevelopment _-=Agency Delray Beach MEMO TO: Alison Harry FROM: Diane Hervey DATE: September 27, 1999 RE: CRA Subsidized Loan Program Alison: The CRA Board of Commissioners approved the enclosed agreements at their regular meeting of' September 23, 1999. Would you please put this item on the next City Commission agenda for approval. The pertinent changes to this agreement from the past include: 1. Raising the maximum loan amount for single-family residential from $10,000 to $15,000. 2. Discontinuing the "commercial exterior" category. Loans are either residential or business. 3. Interest subsidy change for residential loans from 100% to 95% to accommodate bank account capabilities. After the agreements have been signed, please keep one for the City's file and retum the others to me. If you have any questions, please call me. Thanks. /d ~ enclosures 24 N. Swinton Avenue, Delray BeaCh, FL 33444 (561) 276-8640 / Fax (561) 276-8558 [ITY DF DELRAY BEI:IEH CITY ATTORNEY'S OFFICE ~°° ~TM^v..,~.. ~,.,~^¥ .~^~,,, ~o~,,~^ ~,, TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali. America City 1993 DATE: September 29, 1999 TO: Barbara Garito, Deputy City Clerk FROM: Susan A. Ruby, City Attorney SUBJECT: CRA Subsidized Loan Program; First Amendment Agreement Between CRA, City and Nationsbank; First Amendment to Agreement Between CRA, City and SunTrust Bank; Second Amendment to Agreement Between CRA, City and AmTrust Bank; and, Subsidized Loan Agreement Between CRA, City and Regent Bank I have reviewed the above and find them acceptable as to legal sufficiency and form. Attachment FIRST AMENDMENT TO SUBSIDIZED LOAN AGREEMENT THIS FIRST AMENDMENT TO THAT CERTAIN AGREEMENT, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and NATIONSBANK hereinafter referred to as the "BANK," and the CITY OF DELRAY BEACH, hereinafter referred to as the "CITY," is hereby made and entered into this __ day of ,1999. WITNESSETH: WHEREAS, the parties have heretofore entered into the above described Agreemen( (the "Agreement"), as amended, for the providing of a subsidized loan program ("the Program"); and WHEREAS, the parties are desirous of further amending said Agreement to modify their respective responsibilities for administering said program and to provide other requirements with respect thereto. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Agreement is hereby amended and restated in its entirety as follows: 1. The CRA has committed certain funding in its budget for the Program and said fimds will be available to the various participating banks' customers on a first come first serve basis. 'Vne funds will be committed in accordance with the Program in the order of receipt by .the CRA of a written invoice and amortization schedule for an approved borrower. For purposes of determining the order of receipt, all invoices will be deemed received upon the physical receipt by the CRA at the office of its Executive Director. 2. The CRA will accept initial loan applications for the Program fi:om prospective borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the proposed loan being for a qualified purpose as hereinafter defined in Exhibit "A," to single-family 1 residence or multi-family residential property ("Exterior Rehabilitation Loan"), or, to a business owner or business property owner whose business or property location lies within the redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan application will be forwarded by the CRA to the participating bank selected by the borrower, and upon receipt of the lo~n'application approved by the CRA the respective bank shall perform its underwriting evaluation for approval or disapproval. Such Certificate of Approval issued by the CRA will include a determination as to whether the CITY or the BANK shall be responsible for the disbursements required under the loan. In the event the BANK is provided with a CRA approved application and the BANK approves such loan and issues a firm commitment therefore, the BANK shall forthwith deliver to CRA, in care of its Executive Director, an invoice for interest along with an appropriate amortization schedule. 3. Upon receipt of an approved invoice, including closing date, fi:om the BANK, subject to the availability of funds for the Program, the CRA shall pay to the bank the prepaid interests as described in Paragraph 5 herein. In the event the subject loan is prepaid in full by the borrower, the borrower shall notify the CRA and the BANK office originating the loan of such prepayments and the borrower shall pay to the CRA within thirty (30) days after such prepayment an amount equal to the unearned interest as determined in accordance with a straight amortization schedule computed at the note interest rate reflecting the interest due for the unexpired term of the loan. The BANK expressly acknowledges and agrees that the CRA shall have no liability for the payment or - obligation for any sums of whatever nature other than the initial interest paid as herein above provided. The parties acknowledge that the CRA will not be entitled to any refunds of interest on loans which are not prepaid in full or are in default and have been charged offby the BANK. At closing the borrower shall be required to execute an Affidavit in form approved by the CRA as described in Exhibit "B," that the sole use of the proceeds of the loan will be only for the purposes 2 set forth in the approved loan application. Further, the BANK shall require the borrower to execute a loan disbursement agreement providing that in the event all of the work required to be performed pursuant to the loan application in order to obtain the full disbursement of the loan is not completed within the date provided for in said loan agreement, the BANK or the CITY, whomever is respectively administering the disbursements, shall remm the undisbursed funds to the BANK~ the loan shall thereupon be reduced to such sums as shall have been disbursed by that .date, and the BANK shall reimburse the CRA for the unearned interest as provided for above. 4. A. Upon the closing of the loan with the borrower, the BANK or the CITY~ shall disburse the loan proceeds in accordance with the terms of the loan agreement. The borrower shall provide such reasonable documentation as the BANK or the CITY, respectively, shall require with regard to disbursements requested. Disbursements may only be made for the payment of completed work or purchase of applicable supplies/furnishings for approved improvements. B. There shall be no reimbursements allowed as a part of the subject loan for work completed prior to the closing of the loan. ' ' C. All disbursements for business loans must be accompanied by invoices and/or paid receipts. D. Upon approval by the City and CRA, for residential exterior rehabilitation loans, the borrower may be reimbursed for work performed in lieu of a contractor. - 5. The CRA and the BANK hereby agree that loans which will qualify for the Program will be made upon the following terms and conditions: A. Business Loans: (i)' Loan Amount: ten thousand dollars ($i0,000.00) minimum to fifty thousand dollars ($50,000) maximum; 3 (ii) Purpose: construction of interior tenant improvements, exterior improvements and small additions to leased premises within the community redevelopment area; (iii) Borrower Qualification: subject to BANK's underwriting standards; (iv) Term: maximum term for loan shall be sixty (60) months of equal principal and interest payments; (v) Interest Rates: shall be fixed at the prime rate plus 1% as established by NationsBank Prime as of the date of closing; (vi) Interest Subsidy by the CRA: shall be one-half (1/2) of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The interest subsidy may be applied as a principal reduction at closing, thereby, resulting in a reduction of the term of the loan; or, reducing the monthly payment; or, the interest subsidy may be used with consent of the CRA as additional principal to pay for all costs associated with financing including, but not limited to, appraisal, environmental study, traffic study, bank fees, legal fees, and inspection fees; (vii) Fees: normal closing costs including but not limited to recording fees, Security Agreement, filing fees, documentary stamp tax, intangible tax, etc., (these fees may be financed as part of the Loan by the BANK). In addition, a loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans may be - levied by the BANK. (viii) The BANK may loan to the borrower more than the stated maximum, but the interest subsidy shall apply only to the stated maximum. B. Residential, Exterior Rehabilitation Loans: (a) Owner applicant, single-family, residential home improvements: 4 (i) Loan mount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured'by first' mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; Co) Two Unit Residential Improvements: (i) Loan amount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (c) Three or More Residential Units: (i) Loan amount on tm_secured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. (ii) Loan amount on secured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. - (d) Purpose: qualifying alterations, repairs and/or improvements to residential properties of the owner where the work substantially protects or improves the exterior of the property as described in Exhibit "A." (e) Term: maximum term for both secured and unsecured shall be sixty months (60) of equal principal and interest (5%) payments. 5 (f) Interest rates: both secured and unsecured loans shall be fixed at the Prime Rate as established by NationsBank Prime as of the date of closing. (g) Interest subsidy by the CRA: shall be 95% of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The CRA shall pay the interest at the day of closing of the loan. .-- (h) Fees: (i) A loan processing fee of fifty dollars ($50.00) for secured and unsecured loans for owner applicant, single-family dwellings may be levied by the BANK. (ii) A loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans for multi-family residential, two or more units, may be levied by the BANK. (iii) Normal closing costs including but not limited to recording fees, title insurance, owners and encumbrance search, documentary shamp tax~ and ihtmagible tax, etc. (the subject closing costs may be financed by the BANK). 6. The BANK hereby agrees to commit a maximum pool of funds of one million dollars ($1,000,000.00), excluding the amounts of all loans made to date, for the Loan Program for a period ongoing from the date of this Agreement through the making of Program loans or termination of the Agreement, whichever comes first. - 7. It is mutually understood that the agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 6 9. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 10. The rights and benefits of this Agreement shall not be transferable by any party without the written consent of the other. 11. Notices to any party to this Agreement shall be sent to the following: Christopher J. Brown Executive' Director "' Community Redevelopment Agency 24 North Swinton Avenue Dekay Beach, FL 33444 Lula Butler Director, Community Improvement City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Frances Y. Francis NationsBank 625 North Flagler Drive, 10t~ Floor West Palm Beach, FL 33401 WITNESSES: C~NT AGENCY 7 CITY OF DELRAY BEACH By:. Attest: By: City Clerk Approved as to fonn: By:. City Attorney 8 1. The following are authorized under the Business Loan program only: a. Tenant improvements, exterior and interior; b. Signage; c. Small additions to an existing building; d. Permanent fixtures. 2. The following exterior improvements to property are authorized under Residential and Business Programs: a. Re-roofing, including rigid insulation; b. Painting; c. Awnings; d. Shutters; e. Siding; f. Replacement of rotten wood; g. Doors; h. Windows; i. Driveways/paving; parking; j. Landscaping (sod, trees, bushes, plants, and irrigation system); k. Exterior modifications such as rebuilding a porch; 1. Exterior lighting. 3. All materials and work must be in compliance with applicable City of Delray Beach Building Codes. 4. Loan proceeds may be used to pay for applicable building permits and loan fees. EXHIBIT "B" 9 EXHIBIT "B" AFFIDAVIT STATE OF FLORIDA ) ) ss COUNTY OF PALM BEACH ) Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared , hereinafter referred to as ("Borrowers") who by me being first duly sworn and cautioned, deposed, stated, and acknowledged the following: 1. Ournames are . We reside at ., and we, having personal knowledge of the loan with NationsBaxflq hereinafter referred to as (the "Loan"), and the following described matters, depose, state, and acknowledge same to be true. 2. We hereby state that as an inducement to NationsBank, entering into that certain Security Agreement dated the day of .... (year) and that certain Promissory Note of even date in the principal amount of Dollars ($ ) and as an inducement to the Community Redevelopment Agency of the City of Delray Beach agreeing to subsidize the certain interest due on said Loan, your Affiants state under penalties of perjury that the proceeds of said Loan will be used solely for purposes as set forth in the approved loan application and for no other purposes. 3. Furthermore, in the event that the loan is prepaid, the borrower agrees to notify the Community Redevelopment Agency and the bank office originating the loan, respectively located as stated below: Community Redevelopment Agency 24 North Swinton Avenue Delray Beach, FL 33444 ATTN: Executive Director NationsBank Frances Y. Francis 625 North Flagler Drive, l0t~ Floor West Palm Beach, FL 33401 Further Affiants sayeth naught. . . 10 Sworn to and subscribed before me by .. , this ~ day of . ,1999. Notary Public (SEAL) My Commission Expires: Who are personally known to me Or who produced ' as identification 11 FIRST AMENDMENT TO SUBSIDIZED LOAN AGREEMENT THIS FIRST AMENDMENT TO THAT CERTAIN AGREEMENT, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and SUNTRUST BANK, SOUTH FLORIDA, NATIONAL ASSOCIATION, hereinafter referred to as the "BANK," and the CITY OF DELRAY BEACH, hereinafter referred to as the "CITY," is hereby made and entered into this ~.- day of , 999. WITNESSETH: WHEREAS, the parties have heretofore entered into the above described Agreement (the "Agreement"), as amended, for the providing of a subsidized loan program ("the Program"); and WHEREAS, the parties are desirous of further amending said Agreement to modify their respective responsibilities for administering said program and to provide other requirements with respect thereto. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Agreement is hereby amended and restated in its entirety as follows: 1. The CRA has committed certain funding in its budget for the Program and said funds will be available to the various participating banks' customers on a first come first serve basis. The funds will be committed in accordance with the Program in the order of receipt by the CRA of a written invoice and amortization schedule for an approved borrower. For purposes of determining the order of receipt, all invoices will be deemed received upon the physical receipt by the CRA at the office of its Executive Director. 2. The CRA will accept initial loan applications for the Program from prospective borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the proposed loan being for a qualified purpose as hereinafter defined in Exhibit "A," to single-family residence or multi-family residential property ("Exterior Rehabilitation Loan"), or, to a business owner or business property owner whose business or property location lies within the redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan application will be forwarded by the CRA to the participating bank selected by the borrower; and upon receipt of the loan application approved by the CRA, the respective bank shall perform its underwriting evaluation for approval or disapproval. Such Certificate of Approval issued by the CRA will include a determination as to whether the City or the BANK shall be responsible for the disbursements required under the loan. In the event the BANK is provided with a CRA approved application and the BANK approves such loan and issues a firm commitment therefore, the BANK shall forthwith deliver to CRA, in care of its Executive Director, an invoice for interest along with an appropriate amortization schedule. 3. Upon receipt of an approved invoice, including closing date, from the Bank, subject to the availability of funds for the Program, the CRA shall pay to the bank the prepaid interests as described in Paragraph 5 herein. In the event the subject loan is prepaid in full by the borrower, the borrower shall notify the CRA and the BANK office originating the loan of such prepayment, and the borrower shall pay to the CRA within thirty (30) days after such prepayment an amount equal to the unearned interest as determined in accordance with a straight amortization schedule computed at the note interest rate reflecting the interest due for the unexpired term of the loan. The BANK expressly acknowledges and agrees that the CRA shall have no liability for the payment or obligation for any sums of whatever nature other than the initial interest paid as herein above provided. The parties acknowledge that the CRA will not be entitled to any refunds of interest on loans which are not prepaid in full or are in default and have been charged off by the BANK. At 2 closing, the borrower shall be required to execute an Affidavit in form approved by the CRA as described in Exhibit "B," that the sole use of the proceeds of the loan will be only for the purposes set forth in the approved loan application. Further, the BANK shall require the borrower to execute a loan disbursement agreement providing that in the event all of the work required to be performed pursuant to the loan application in order to obtain the full disbursement of the loan is not completed within the date provided for in said loan agreement, the BANK or the CITY, whomever is respectively administering the disbursements, shall return the undisbursed funds to the BANK, the loan shall thereupon be reduced to such sums as shall have been disbursed by that date, and the BANK shall reimburse the CRA for the unearned interest as provided for above; provided loan is paid in full and not in default. 4. A. Upon the closing of the loan with the borrower, the BANK or the CITY, shall disburse the loan proceeds in accordance with the terms of the loan agreement. Notwithstanding the foregoing, CITY may agree to disburse the loan proceeds for any loan which entails construction draws and in such case will sign an Acknowledgment and Agreement, (Exhibit "C" attached). The borrower shall provide such reasonable documentation as the BANK orthe CITY, respectively, shall require with regard to disbursements requested. Disbursements may only be made for the payment of completed work or purchase of applicable supplies/furnishings for approved improvements. B. There shall be no reimbursements allowed as a part of the subject loan for work completed prior to the closing of the loan. C. All disbursements for business loans must be accompanied by invoices and paid receipts. This will be at the BANK's discretion. D. Upon approval by the CITY and CRA, for residential exterior rehabilitation loans, the borrower may be reimbursed for work performed in lieu of a contractor. 3 5. The CRA and the BANK hereby agree that loans which will qualify for the Program will be made upon the following terms and conditions: A. Business Loans: (i) Loan Amount: ten thousand dollars ($10,000.00) minimum to fifty thousand dollars ($50,000) maximum; (ii) Purpose: construction of interior tenant improvements, exterior improvements and small additions to leased premises within the community redevelopment area; (iii) Borrower Qualification: subject to BANK'S underwriting standards; (iv) Term: maximum term for loan shall be sixty (60) months of equal principal and interest payments; (v) Interest Rates: shall be fixed at the prime rate plus 1% as established by SunTrust Prime as of the date of closing; (vi) Interest Subsidy by the CRA: shall be one-half (1/2) of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The interest subsidy may be applied as a principal reduction at closing, thereby, resulting in a reduction of the term of the loan; or, reducing the monthly payment; or, the interest subsidy may be used with consent of the CRA as additional principal to pay for all costs associated with financing including, but not limited to, appraisal, environmental study, traffic study, bank fees, legal fees, and inspection fees; (vii) Fees: normal closing costs including but not limited to recording fees, Security Agreement, filing fees, documentary stamp tax, intangible tax, etc., (these fees may be financed as part of the Loan by the BANK). In addition, a loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans may be levied by the BANK. (viii) The BANK may loan to the borrower more than the stated maximum, but the interest subsidy shall apply only to the stated maximum. B. Residential, Exterior Rehabilitation Loans: (a) Owner applicant, single-family, residential home improvements: (i) Loan mount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan mount on loans secured'by first mortgag6s, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (b) Two Unit Residential Improvements: (i) Loan amount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00)maximum; (c) Three or More Residential Units: (i) Loan amount on unsecured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. (ii) Loan amount on secured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. 5 (d) Purpose: qualifying alterations, repairs and/or improvements to residential properties of the owner where the work substantially protects or improves the exterior of the property as described in Exhibit "A." (e) Term: maximum term for both secured and unsecured shall be sixty months (60) of equal principal and interest (5%) payments. (f) Interest rates: both secured and unsecured loans shall be fixed at the Prime Rate as established by SunTrust Prime as of the date of closing. (g) Interest subsidy by the CRA: shall be 95% of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The CRA shall pay the interest at the day of closing of the loan. (h) Fees: (i) A loan processing fee of fifty dollars ($50.00) for secured and unsecured loans for owner applicant, single-family dwellings may be levied by the BANK. (ii) A loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans for multi-family residential, two or more units, may be levied by the BANK. (iii) Normal closing costs including but not limited to recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and intangible tax, etc. (the subject closing costs may be financed by the BANK). 6. The BANK hereby agrees to commit a maximum pool of funds of one million dollars ($1,000,000.00), excluding the amounts of all loans made to date, for the Loan Program for a period ongoing from the date of this Agreement through the making of Program loans, or termination of the Agreement, whichever comes first. 6 7. It is mutually understood that the agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs. of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 10. The fights and benefits of this Agreement shall not be transferable by any party without the written consent of the other. 11. Notices to any party to this Agreement shall be sent to the following: Christopher J. Brown Executive Director Community Redevelopment Agency 24 North Swinton Avenue Delray Beach, FL 33444 Lula Butler Director, Community Improvement City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Small Business Banking SunTrust Bank, South Florida, N.A. 302 East Atlantic Avenue Dekay Beach, FL 33483 12. Either party may cancel this Agreement by 30 days written notice to the other. Any loans upon which a finn commitment has been issued by the Bank, will be honored according to the terms of such commitment even if notice oftemaination has been given by either party. Notice shall be deemed given if sent by a recognized courier or overnight delivery service or certified mail, remm receipt requested. 7 ~S~(~.,tt.x~.,~ CO~PMENT AGENCY CITY OF DELRAY BEACH By: Attest: By: City Clerk Approved as to form: By:. City Attorney 8 EXHIBIT "A" 1. The following are authorized under the Business Loan program only: a. Tenant improvements, exterior and interior; b. Signage; c. Small additions to an existing building; d. Permanent fixtures. 2. The following exterior improvements to property are authorized under the Residential and Business programs: a. Re-roofing, including rigid insulation; b. Painting; c. Awnings; d. Shutters; e. Siding; f. Replacement of rotten wood; g. Doors; h. Windows; i. DHveways/paving; parking; j. Landscaping (sod, trees, bushes, plants, and irrigation system); k. Exterior modifications such as rebuilding a porch; 1. Exterior lighting. 3. All materials and work must be in compliance with applicable City of Dekay Beach building codes and permitting requirements. 4. Loan proceeds may be used to pay for applicable building permits and loan fees. 9 EXHIBIT "B" AFFIDAVIT STATE OF FLORIDA ) ) ss COUNTY OF PALM BEACH ) Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared , hereinafter referred to as ("Borrowers") who by me being fa'st duly sworn and cautioned, deposed, stated, and acknowledged the following: 1. Our names are . We reside at ., and we, having personal knowledge of the loan with SunTrust/South Florida, N.A., hereinafter referred to as (the "Loan"), and the following described matters, depose, state, and acknowledge same to be true. 2. We hereby state that as an inducement to SunTrust/South Florida, N.A., entering into that certain Security Agreement dated the __ day of , (year) and that certain Promissory Note of even date in the principal amount of Dollars ($ ) and.as an inducement to the Community Redevelopment Agency of the City of Dekay Beach agreeing to subsidize the certain interest due on said Loan, your Affiants state under penalties of perjury that the proceeds of said Loan will be used solely for purposes as set forth in the approved loan application and for no other purposes. 3. Furthermore, in the event that the loan is prepaid, the borrower agrees to notify the Community Redevelopment Agency and the bank office originating the loan, respectively located as stated below: Community Redevelopment Agency 24 North Swinton Avenue Delray Beach, FL 33444 ATTN: Executive Director SunTrust Bank, South Florida, N.A. 302 East Atlantic Avenue Delray Beach, FL 33483 ATTN: Small Business Banking 4. The borrowers hereby acknowledge and covenant that they will not apply for and shall expressly disclaim any offered or available ad valorem tax assistance or abatement with respect 10 to the real property being improved with the proceeds firom the loan so long as any sums due under the loan shall remain outstanding. Further Affiants sayeth naught. Sworn to and subscribed before me by , this ~ day of ,1999. Notary Public (SEAL) My Commission Expires: Who are personally known to me Or who produced as identification EXHIBIT "C" ACKNOWLEDGMENT AND AGREEMENT Please acknowledge receipt of cashier's check # in the amount of $ in regard to loan closing for , dated The City agrees to be solely responsible for all disbursements of the above loan proceeds in accordance with the Subsidized Loan Program of the Community Redevelopment Agency of the City of Delray Beach. ATTEST CITY OF DELRAY BEACH Name & Title SECOND AMENDMENT TO SUBSIDIZED LOAN AGREEMENT THIS SECOND AMENDMENT TO THAT CERTAIN AGREEMENT, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and AMTRUST BANK, hereinafter referred to as the "BANK," and the CITY OF DELRAY BEACH, hereinafter referred to as the "CITY," is hereby made and entered into this__ day of ...... ,1999. WITNESSETH: WHEREAS, the parties have heretofore entered into the above described Agreement (the "Agreement"), as amended, for the providing of a subsidized loan program ("the Program"); and WHEREAS, the parties are desirous of further amending said Agreement to modify their respective responsibilities for administering said program and to provide other requirements with respect thereto. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Agreement is hereby amended and restated in its entirety as follows: 1. The CRA has committed certain funding in its budget for the Program and said funds will be available to the various participating banks' customers on a first come first serve basis. The funds will be committed in accordance with the Program in the order of receipt by the CRA of a written invoice and amortization schedule for an approved borrower. For purposes of determining the order of receipt, all invoices will be deemed received upon the physical receipt by the CRA at the office of its Executive Director. 2. The CRA will accept initial loan applications for the Program from prospective borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the proposed loan being for a qualified purpose as hereinafter defined in Exhibit "A," to single-family residence or multi-family residential property ("Exterior Rehabilitation Loan"), or, to a business owner or business property owner whose business or property location lies within the redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan application will be forwarded by the CRA to the participating bank selected by the borrower; and upon receipt of the loan application approved by the CRA, the respective bank shall perform its underwriting evaluation for approval or disapproval. Such Certificate of Approval issued by the CRA will include a determination as to whether the City or the BANK shall be responsible for the disbursements required under the loan. In the event the BANK is provided with a CRA approved application and the BANK approves such loan and issues a firm commitment therefore, the BANK shall forthwith deliver to CRA, in care of its Executive Director, an invoice for interest along with an appropriate amortization schedule. 3. Upon receipt of an approved invoice, including closing date, from the Bank, subject to the availability of funds for the Program, the CRA shall pay to the bank the prepaid interests as described in Paragraph 5 herein. In the event the subject loan is prepaid in full by the borrower, the borrower shall notify the CRA and the BANK office originating the loan of such prepayment, and the BANK shall pay to the CRA within thirty (30) days after such prepayment an amount equal to the unearned interest as determined in accordance with a straight amortization schedule computed at the note interest rate reflecting the interest due for the unexpired term of the loan. The BANK expressly acknowledges and agrees that the CRA shall have no liability for the payment or obligation for any sums of whatever nature other than the initial interest paid as herein above provided. The parties acknowledge that the CRA will not be entitled to any refunds of interest on loans which are not prepaid in full or are in default and have been charged off by the BANK. At closing the 2 borrower shall be required to execute an Affidavit in form approved by the CRA as described in Exhibit "B," that the sole use of the proceeds of the loan will be only for the purposes set forth in the approved loan application. Further, the BANK shall require the borrower to execute a loan disbursement agreement providing that in the event all of the work required to be performed pursuant to the loan application in order to obtain the full disbursement of the loan is not completed within the date provided for in said loan agreement, the BANK or the CITY, whomever is respectively administering the disbursements, shall remm the undisbursed funds to the BANK, the loan shall thereupon be reduced to such sums as shall have been disbursed by that date, and the BANK shall reimburse the CRA for the unearned interest as provided for above. 4. A. Upon the closing of the loan with the borrower, the BANK or the CITY, shall disburse the loan proceeds in accordance with the terms of the loan agreement. The borrower shall provide such reasonable documentation as the BANK or the CITY, respectively, shall require with regard to disbursements requested. Disbursements may only be made for the payment of completed work or purchase of applicable supplies/furnishings for approved improvements. B. There shall be no reimbursements allowed as a part of the subject loan for work completed prior to the closing of the loan. C. All disbursements for business loans must be accompanied by invoices and paid receipts. D. Upon approval by the CITY and CRA, for residential exterior rehabilitation loans, the borrower may be reimbursed for work performed in lieu of a contractor. 5. The CRA and the BANK hereby agree that loans which will qualify for the Program will be made upon the following terms and conditions: 3 A. Business Loans: (i) Loan Amount: ten thousand dollars ($10,000.00) minimum to fifty thousand dollars ($50,000) maximum; (ii) Purpose: construction of interior tenant improvements, exterior improvements and small additions to leased premises within the community redevelopment area; (iii) Borrower Qualification: subject to BANK'S underwriting standards; (iv) Term: maximum term for loan shall be sixty (60) months of equal principal and interest payments; (v) Interest Rates: shall be fixed at the prime rate plus 1% as established by AmTrust Bank Prime as of the date of closing; (vi) Interest Subsidy by the CRA: shall be one-half (1/2) of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The interest subsidy may be applied as a principal reduction at closing, thereby, resulting in a reduction of the term of the loan; or, reducing the monthly payment; or the interest subsidy may be used with consent of the CRA as additional principal to pay for all costs associated with financing including, but not limited to, appraisal, environmental study, traffic study, bank fees, legal fees, and inspection fees; (vii) Fees: normal closing costs including but.not limited to recording fees, Security Agreement, filing fees, documentary stamp tax, intangible tax, etc., (these fees may be financed as part of the Loan by the BANK). In addition, a loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans may be levied by the BANK. 4 (viii) The BANK may loan to the borrower more than the stated maximum, but the interest subsidy shall apply only to the stated maximum. B. Residential, Exterior Rehabilitation Loans: (a) Owner applicant, single-family, residential home improvements: (i) Loan amount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (b) Two Unit Residential Improvements: (i) Loan amount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured'by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (c) Three or More Residential Units: (i) Loan amount on unsecured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. (ii) Loan amount on secured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. 5 (d) Purpose: qualifying alterations, repairs and/or improvements to residential properties of the owner where the work substantially protects or improves the exterior of the property as described in Exhibit "A." (e) Term: maximum term for both secured and unsecured shall be sixty months (60) of equal principal and interest (5%) payments. (f) Interest rates: both secured and unsecured loans shall be fixed at the Prime Rate as established by AmTrust Bank Prime as of the date of closing. (g) Interest subsidy by the CRA: shall be 95% of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The CRA shall pay the interest at the day of closing of the loan. (h) Fees: (i) A loan processing fee of fifty dollars ($50.00) for secured and unsecured loans for owner applicant, single-family dwellings may be levied by the BANK. (ii) A loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans for multi-family residential, two or more units, may be levied by the BANK. (iii) Normal closing costs including but not limited to recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and intangible tax, etc. (the subject closing costs may be financed by the BANK). 6. The BANK hereby agrees to commit a maximum pool of funds of five hundred thousand dollars ($500,000.00), excluding the amounts of all loans made to date, for the Loan Program for a period ongoing fi.om the date of this Agreement through the making of Program loans, 6 or termination of the Agreement, whichever comes first. 7. It is mutually understood that the agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 10. The rights and benefits of this Agreement shall not be transferable by any party without the written consent of the other. 11. Notices to any party to this Agreement shall be sent to the following: Christopher J. Brown Executive Director Community Redevelopment Agency 24 North Swinton Avenue Delray Beach, FL 33444 Lula Butler Director, Community Improvement City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 David B. Smith AmTrust Bank 5550 Glades Road Boca Raton, FL 33431 WITNESSES: COGENT AGENCY CITY OF DELRAY BEACH By: Attest: By: City Clerk Approved as to form: By: City Attorney EXHIBIT "A" 1. The following are authorized under the Business Loan program only: a. Tenant improvements, exterior and interior; b. Signage; c. Small additions to an existing building; d. Permanent fixtures. 2. The following exterior improvements to property are authorized under the Residential and Business programs: a. Re-roofing, including rigid insulation; b. Painting; c. Awnings; d. Shutters; e. Siding; f. Replacement of rotten wood; g. Doors; h. Windows; i. Driveways/paving; parking; j. Landscaping (sod, trees, bushes, plants, and irrigation system); k. Exterior modifications such as rebuilding a porch; 1. Exterior lighting. 3. All materials and work must be in compliance with applicable City of Delray Beach building codes and permitting requirements. 4. Loan proceeds may be used to pay for applicable building permits and loan fees. 9 EXHIBIT "B" AFFIDAVIT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared , hereinafter referred to as ("Borrowers") who by me being first duly sworn and cautioned, deposed, stated, and acknowledged the following: 1. Our names are . We reside at , and we, having personal knowledge of the loan with AmTrust Bank, hereinafter referred to as (the "Loan"), and the following described matters, depose, state, and acknowledge same to be true. 2. We hereby state that as an inducement to AmTrust Bank entering into that certain Security Agreement dated the ~ day of , (year) and that certain Promissory Note of even date in the principal amount of Dollars ($ ) and as an inducement to the Community Redevelopment Agency of the City of Delray Beach agreeing to subsidize the certain interest due on said Loan, your Affiants state under penalties of perjury that the proceeds of said Loan will be used solely for purposes as set forth in the approved loan application and for no other purposes. 3. Furthermore, in the event that the loan is prepaid, the borrower agrees to notify the Community Redevelopment Agency and the bank office originating the loan, respectively located as stated below: Community Redevelopment Agency 24 North Swinton Avenue Delray Beach, FL 33444 ATTN: Executive Director AmTrust Bank 5550 Glades Road Boca Raton, FL 33431 ATTN: Vice President 10 Further Affiants sayeth naught. Sworn to and subscribed before me by. , this ~ day of ., __(year). Notary Public (SEAL) My Commission Expires: Who are personally known to me Or who produced as identification SUBSIDIZED LOAN AGREEMENT THIS CERTAIN AGREEMENT, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and REGENT BANK, hereinafter referred to as the "BANK," and the CITY OF DELRAY BEACH, hereinafter referred to as the "CITY," is hereby made and entered into this ~ day of ,1999. WITNESSETH: WHEREAS, the parties have heretofore entered into the above described Agreement (the "Agreement"), as amended, for the providing of a subsidized loan program ("the Program"); and WHEREAS, the parties are desirous of further amending said Agreement to modify their respective responsibilities for administering said program and to provide other requirements with respect thereto. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Agreement is hereby amended and restated in its entirety as follows: 1. The CRA has committed certain funding in its budget for the Program and said funds will be available to the various participating banks' customers on a first come first serve basis. The funds will be committed in accordance with the Program in the order of receipt by the CRA of a written invoice and amortization schedule for an approved borrower. For purposes of determining the order of receipt, all invoices will be deemed received upon the physical receipt by the CRA at the office of its Executive Director. 2. The CRA will accept initial loan applications for the Program from prospective borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the proposed loan being for a qualified purpose as hereinafter defined in Exhibit "A," to single-family residence or multi-family residential property ("Exterior Rehabilitation Loan"), or, to a business owner or business property owner whose business or property location lies within the redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan application will be forwarded by the CRA to the participating bank selected by the borrower; and upon receipt of the loan application approved by the CRA, the respective bank shall perform its underwriting evaluation for approval or disapproval. Such Certificate of Approval issued by the CRA will include a determination as to whether the CITY or the BANK shall be responsible for the disbursements required under the loan. In the event the BANK is provided with a CRA approved application and the BANK approves such loan and issues a firm commitment therefore, the BANK shall forthwith deliver to CRA, in care of its Executive Director, an invoice for interest along with an appropriate amortization schedule. 3. Upon receipt of an approved invoice, including closing date, from the Bank, subject to the availability of funds for the Program, the CRA shall pay to the bank the prepaid interests as described in Paragraph 5 herein. In the event the subject loan is prepaid in full by the borrower, the borrower shall notify the CRA and the BANK office originating the loan of such prepayment, and the BANK shall pay to the CRA within thirty (30) days after such prepayment an amount equal to the unearned interest as determined in accordance with a straight amortization schedule computed at the note interest rate reflecting the interest due for the unexpired term of the loan. The BANK expressly acknowledges and agrees that the CRA shall have no liability for the payment or obligation for any sums of whatever nature other than the initial interest paid as herein above provided. The parties acknowledge that the CRA will not be entitled to any refunds of interest on loans which are not prepaid in full or are in defauR and have been charged off by the BANK. At closing, the 2 borrower shall be required to execute an Affidavit in form approved by the CRA as described in Exhibit "B," that the sole use of the proceeds of the loan will be only for the purposes set forth in the approved loan application. Further, the BANK shall require the borrower to execute a loan disbursement agreement providing that in the event all of the work required to be performed pursuant to the loan application in order to obtain the full disbursement of the loan is not completed within the date provided for in said loan agreement, the BANK or the CITY, whomever is respectively administering the disbursements, shall remm the undisbursed funds to the BANK, the loan shall thereupon be reduced to such sums as shall have been disbursed by that date, and the BANK shall reimburse the CRA for the unearned interest as provided for above. 4. A. Upon the closing of the loan with the borrower, the BANK or the CITY, shall disburse the loan proceeds in accordance with the terms of the loan agreement. The borrower shall provide such reasonable documentation as the BANK or the CITY, respectively, shall require with regard to disbursements requested. Disbursements may only be made for the payment of completed work or purchase of applicable supplies/furnishings for approved improvements. B. There shall be no reimbursements allowed as a part of the subject loan for work completed prior to the closing of the loan. C. All disbursements for business loans must be accompanied by invoices and paid receipts. D. Upon approval by the CITY and CRA, for residential exterior rehabilitation loans, the borrower may be reimbursed for work performed in lieu of a contractor. 5. The CRA and the BANK hereby agree that loans which will qualify for the Program will be made upon the following terms and conditions: A. Business Loans: (i) Loan Amount: ten thousand dollars ($ ~ 0,000.00) minimum to fifty thousand dollars ($50,000) maximum; (ii) Purpose: construction of interior tenant improvements, exterior improvements and small additions to leased premises within the community redevelopment area; (iii) Borrower Qualification: subject to BANK underwriting standards; (iv) Term: maximum term for loan shall be sixty (60) months of equal principal and interest payments; (v) Interest Rates: shall be fixed at the prime rate plus 1% as established by REGENT BANK Prime as of the date of closing; (vi) Interest Subsidy by the CRA: shall be one-half (1/2) of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The interest subsidy may be applied as a principal reduction at closing, thereby, resulting in a reduction of the term of the loan; or, reducing the monthly payment; or, the interest subsidy may be used with consent of the CRA as additional principal to pay for all costs associated with financing including, but not limited to, appraisal, environmental study, traffic study, bank fees, legal fees, and inspection fees; (vii) Fees: normal closing costs including but not limited to recording fees, Security Agreement, filing fees, documentary stamp tax, intangible tax, etc., (these fees may be financed as pan of the Loan by the BANK). In addition, a loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans may be levied by the BANK. 4 (viii) The BANK may loan to the borrower mom than the stated maximum, but the interest subsidy shall apply only to the stated maximum. B. Residential, Exterior Rehabilitation Loans: (a) Owner applicant, single-family, residential home improvements: (i) Loan amount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured by fa'st mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; Co) Two Unit Residential Improvements: (i) Loan amount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (c) Three or More Residential Units: (i) Loan amount on unsecured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. (ii) Loan amount on secured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. 5 (d) Purpose: qualifying alterations, repairs and/or improvements to residential properties of the owner where the work substantially protects or improves the exterior of the property as described in Exhibit (e) Term: maximum term for both secured and unsecured shall be sixty months (60) of equal principal and interest (5%) payments. (f) Interest rates: both secured and unsecured loans shall be fixed at the Prime Rate as established by REGENT BANK Prime as of the date of closing. (g) Interest subsidy by the CRA: shall be 95% of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The CRA shall pay the interest at the day of closing of the loan. (la) Fees: (i) A loan processing fee of fifty dollars ($50.00) for secured and unsecured loans for owner applicant, single-family dwellings may be levied by the BANK. (ii) A loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans for multi-family residential, two or more units, may be levied by the BANK. (iii) Normal closing costs including but not limited to recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and intangible tax, etc. (the subject closing costs may be financed by the BANK). 6. The BANK hereby agrees to commit a maximum pool of funds of three hundred thousand dollars ($300,000.00), excluding the amounts of all loans made to date, for the Loan Program for a period ongoing from the date of this Agreement through the making of Program loans, 6 or termination of the Agreement, whichever comes first. 7. k is mutually understood that the agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid, this Agreemem shall be interpreted as if such invalid agreements or covenants were not contained herein. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 10. The fights and benefits of this Agreement shall not be transferable by any party without the written consent of the other. 11. Notices to any party to this Agreement shall be sent to the following: Christopher J. Brown Executive Director Community Redevelopment Agency 24 North Swinton Avenue Delray Beach, FL 33444 Lula Butler Director, Community Improvement City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Branch Manager Regem Bank 5255 N. Federal Highway Boca Raton, FL 33437 "~8 :umol m s~ p~ao~ddv : : ,. // -- .. - XOl'~O OD :SHSSRNJI& · ~~b~ ~~d p~ sopoo '~1 ao~o~x~ '1 '.(m~s~ uo~ p~ '~ld 'soqsnq 'so~ 'pos) 8u~d~o~ 'f '.s~opuI~ 'q ts~ooo '.poo~ u:no~o ~u:ma~gld:~ '.gu~p~s '.s~:nnqS 'p '.uo]luln~ p!~ ~ulpnlo~ '~oo~-~ :~o~d p~ ~9uap!so~ a~ ~ap~ po~o~nu ~ ~odo~d oi ~uo~a~o~d~! ~ 8~olio~ ~ · so~x~ lu~d 'p '2~pHnq ~ul~slxo ~ o~ ~o~ppe l~mS '.ogg~lS 'q :~o ~o~d ~o~ sso~sn~ ~ ~op~ pozFo~ne ~ tu~oiioj ~ ' I OI ~a~etreI~I qotrea~I :N. LL¥ L~£~ q:I 'ume}I eoo~I ~Ce,~q~!H l~aPa:I q~oN g5~; ~,zre~[ ~,ua~aZI :olaaJ!CI aA!maax3 t~t,t~E£ 'IA 'qa~a~ ~C~JiaCI artua~,¥ uol .u~S quoN ~E · (aua:~V luamdolaAapo~I ~F. mtmuoD :A~Olaq pal~S S~ pol~O01 ,(IaAI.},oadsaI 'treoI aql ~tl~.. uu~..LIO aOI.~O ~.mq aql ptre ~oua~¥ luatudola,apa~I Ll.runmmoD aql LFp, ou o~, saa~e aa,~,o.uoq aql 'p.redaad st. treoI aql ~,~t0 ;uaaa aq; u! 'a.zottuoq~nd '£ ( H;DV~I8 IAtTCd AO A~LNO. O;D SS ( ( V~lI~:IOq~I :IO 'd,LV,LS J.IAV(IIAAV poonpo:~d oq~ -~0 ~tu o~ u,~otr~ ,(i~uos:~d ~xe oqAk :san..dx~l uo!ss.mnnoo o!IqncI ~Z~ON ' ,(q atu azo. laq paq.uosqns ptre ol tuo~s · ~tl~neu tlla~es sl~¥ ~atl~n:I MEMORANDUM TO: David T. Harden, City Manager THRU: Joe Weldon, Director Parks and Recreation Dept. FROM: J. Dragon, Assistant Director Parks and Recreation Dept. DATE: September 29, 1999 SUBJECT: Children's' Services Council Grant Contract The attached agreement is to provide funding from the Children's' Services Council of up to $155,348. for the Delray Beach Parks and Recreation Dept. to conduct an after-school program for Delray Beach Elementary school students. These monies will help provide after-school recreational, educational, social services, and arts and cultural activities for 400 students. Approximately 90% of the children are "latch-key" children. The program will be housed at four sites; the Community Center, Pompey Park, the Delray Full Service Cemer, and Pine Grove Elementary School for the Arts and will include recreational activities at various City facilities as well as academic services at all sites. J//~'ra~o n#~ssistant Director Parks andORecreation Dept. cc: File \Xmisrv001 '~dragon\WWDATA'CM 18.DOC MODIFICATION AND EXTENSION AGREEMENT This Agreement, entered into as of this I st day of October, 1999 by and between the CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Council") and City of Delray Beach/Parks & Recreation Out-of-School Youth Recreation/Enrichment (hereinafter referred to as "Provider"), for the period from October 1, 199b ("Effective Date") to September 30, 2000. WHEREAS, by Agreement dated as of October 1, 1996 or October 1, 1997 (the "Original Agreement"), Provider agreed to provide certain services and Council agreed to reimburse Provider for those services in program entitled Parks & Recreation Out-of-School Youth Recreation/Enrichment, and WHEREAS, the parties, pursuant to the terms of this Agreement, have decided to modify and extend the Original Agreement. WITNESSETH: IN CONSIDERATION of mutual agreements hereinafter contained, the parties intending to be legally bound hereby agree as follows: ' 1. The Original Agreement is hereby modified by amending paragraph 1 thereof to read ~i .... ~ as follows: The Council agrees to reimburse to the Provider sums up to $155,348.00 for provision of services described in Exhibit "A" (consisting of the Program Evaluation Model) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the Council's Budget Forms A, A1 and B submitted by Provider) attached hereto and made a part hereof; and Exhibit "C" (consisting of the Program Data Form) attached hereto and made a part hereof. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B", and "C" and with the Conditions of Award attached hereto and made a part hereof as Exhibit "D", as well as the terms and conditions of this document. The attached Exhibits to this Agreement shall control over any inconsistent provisions in the Exhibits attached to the Original Agreement. 2. The Original Agreement is hereby modified by amending paragraph 2c thereof to read as follows: c. To submit, upon completion of this Agreement, a GAO Standard Financial and Compliance Audit ("the Audit"), complete with management letter, within 180 days of the Provider's fiscal year end. In the event that Provider's fiscal year end occurs prior to the completion of the term of this Agreement, Provider will supply Contract #: 99-104 Non-Profit Agency Extension Agreement Page: 2 the Audit and accompanying management letter for each of the Provider's fiscal years occurring during the term of this Agreement, each such audit and management letter to be provided within 180 days of Provider's fiscal year end. 3. The Original Agreement is hereby modified by adding the following provisions to paragraph 4: g. Within thirty (30) days, submit copies of all personnel or service provision subcontracts, contracts and/or agreements related to the operation of the program funded hereunder. h. To obtain Council approval for any proposed changes in the program prior to implementation. i. To submit and maintain a copy of the following on file with the Council: · Personnel Policies and Procedures (submit if revised within the past twelve months) · Job descriptions of all Council funded staffpositions (submit if revised within the past twelve months) · Certificates of insurance (liability, theft and auto if vehicle was purchased , with Council funds) · License(s) to operate agency/program, if applicable · Current list of agency board members · Sales Tax Exemption Certificate · Service site(s) Fire Inspection Certificate(s) · Service site(s) Health Inspection Certificate(s), if applicable j. To obtain written approval from the Council for any proposed changes in the program budget hereunder prior to implementation. k. The fiscal administration of this Agreement will be pursuant to the Council's "Fiscal Guidelines". 4. The Original Agreement is hereby modified by amending paragraph 9 thereof to read as follows: "The Provider shall submit to the Council program data, including client identifiable data and status of program capacity (staff to client/child/family ratio) as deemed essential by the Council." 5. The Original Agreement is hereby modified by adding a new paragraph 11 and renumbering Original Agreement paragraphs 11 - 21 accordingly. F:\WORD\99-00 NonProfitEXT-original 1996-7.doc 09/17/99 3:06 PM Contract #: 99-104 Non-Profit Agency Extension Agreement Page: 3 "11. The Council has the discretion to decrease the Provider's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews." 6. The Original Agreement is hereby modified by amending paragraph 14, as renumbered, should read as follows: "14. Payments for services rendered pursuant to this Agreement shall be made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice to the Council by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by the Provider under this Agreement, in whatever form reasonably required by Council. Subject to the availability of funds, the Council will provide reimbursement to the Provider within 45 days after receipt of the invoice. Provider shall submit a final invoice to the Council no later than October 31, 2000 (with appropriate documentation). The Council will not reimburse Provider for any expenditures made by Provider under this Agreement that are submitted after October 31, 2000." 7. The Original Agreement is hereby modified by amending paragraph 20, as renumbered, should read as follows: "20. The Council may assess a charge amounting to five (5%) percent of the Provider's current month's request to the Council for reimbursement for each month that a program is out of compliance with the timely submission of fiscal and programmatic data as required by Sections 3c, 9, 10, and 14 of this Agreement. At the discretion of the Program Review Committee a $10.00 per day charge may be added to the 5% charge for items not submitted within 60 days of the original due date. This charge may also apply if the program does not provide the Council with current copies of the following documents: A. Certificates of Insurance B. License(s) to Operate Agency/Program C. Sales Tax Exemption Certificate D. Other items identified in the Conditions of Award" 8. Except as otherwise modified herein, the Original Agreement shall remain in full force and effect. F:\WORD\99-00 NonProfitEXT-original 1996-7.doc 09/17/99 3:06 PM Contract #: 99-104 Non-Profit Agency Extension Agreement Page: 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their undersigned duly authorized representatives. City of Delray Beach BY: DATE: Print Name Print Title Children's Services Council of Palm Beach County BY: DATE: Gaetana D. Ebbole, Executive Director Approved As To Form & Legal Sufficiency BY: Thomas A. Sheehan, III Attorney for Children's Services Council of Palm Beach County F:\WORD\99-00 NonProfitEXT-original 1996-7.doc 09/17/99 3:06 PM Exhibit "A" 1. Program Evaluation Model Exhibit "B" 1. Form A: Program Budget Narrative 2. Form A-l: Personnel Budget Narrative 3. Form B: Program Budget [~ by Funding Source :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: -:.:-:.:-:-:.:.:.:.:-:-:-:o: 'Z-:-Z':.:-:-:'Z':-:':-Z'Z .~:.:~:-:.:-:.:.:.:_:~.~:~ ':::.::';E:::';';~:{:~::;E: :::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: ............ ._.. ................ ::::::::::::::::::::::::::::::: ,..,...-.-.-.-.-,.~ :::::::::::::::::::::::::::::::: :~-::::.o:::.-~: "'"'""'"'"'""'"""j ................. .:.?:.:.:-:.:-:-:.:.:.:.?: ':'Z-:{.:- ".;.:-:-:-:-: Exhibit "C" 1. Program Data Form C 1999/2000 BASE PROGRAM APPLICATION INFORMATION PROGRAM FORM C Agency Funded Agency Name: Delray Beach ?a~'ks and R~--,-~--i nn by CSC Since: Program Funded Program Name: After-School program by CSC Since: 1~88-8~ Enter the number of either (1) children and/or adults; or (2) the number of familie se~ed for prima~ and/or outreach se~ices. Children and/or Adul~ or Families Prima~ 400 D~ily Outreach A prima~ client is one that re.ives dire~ ~i~ more than on~. An outreach client is one that re~ives a pr~entation or screening one time only. ~at are the ages of the ~Check ~e geographic area(s) in Palm Beach Coun~ you will se~e: clients you will se~e? Please List Cities 0 - 3 Check {If Known) 3 - 5 No~h (45th Street to Madin County Line) 6 - 11 X South [~poluxo to Broward County Line) ~ ~ac 12 - 18 Central (45th Street to Lantana/Hypoluxo) Adult West Ce~tr~l ~ellington and/or Royal Palm Beach) All of the Above West ~st of 20-Mile Bend) All of the Above How many employees will this progr~ have? How many employees will be funded by CSC? Full Time 2 Full Time j Pa~ Time 36 Pa~ Time 13 Number of Volunteers (Non-Paid): 15 FISCAL INFORMATION ~:,~. ~,~' ,,.,... ~, 1998/99 CSC 1999/2000 $ % CONTACT BUDGET CHANGE CHANGE PROG~M Total Agency Budget Program % of Agency Budget % % 089.2t IFOR CSC USE ONLY: . · Cost per client (adjusted) Exhibit "D" 1. Conditions of Award CONTRACT 99-104 AGENCY: City of Delray Beach Parks & Recreation Department PROGRAM: Out-of-School Youth Recreation/Enrichment CONDITIONS OF AWARD I. PROGRAMMATIC A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract: N/A B. Conditions to be observed throughout contract: 1. The program is to serve latchkey children who are of elementary-school age. Latchkey children are defined as having parents or guardians who work or who are otherwise not regularly available to provide supervision during out-of-school hours; i.e., 3:00 to 6:00 PM, summer, school holidays, and partial days. 2. Representatives of all programs receiving funding through the Children's Services Council 1998-99 RFP will become members in good standing of the Palm Beach County Out-of-School Consortium. 3. A designated provider representative(s) will attend and participate in monthly provider meetings which are held by the Council's Youth Development Team. 4. All staff funded through the Children's Services Council who have direct contact with children must complete ten hours of annual in-service training in Developmentally Appropriate Practices. This is in addition to the training required by licensing. 5. Providers receiving funding from CSC need to have a Disaster Plan in place by June of 2000 to protect staff, and property, and to ensure the program's ability to continue essential functions for the community. 6. Programs funded through CSC will make every effort to obtain staff that have the cultural competence and language skills to work successfully in the community with the population being served. F:WORD/1999-2000 COAPt'D 104 CONTRACT 99-104 AGENCY: City of Delray Beach Parks & Recreation Department PROGRAM: Out-of-School Youth Recreation/Enrichment II. FISCAL A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract. N/A B. Conditions to be observed throughout contract. 1. To encourage parents and clients to be responsible partners, Provider agrees to require a minimum fee for services according to one or more of the following standards. a. Department of Children and Families Subsidized Child Care Parent Fee Schedule or, b. Department of Children and Families Parent Fee Schedule with modifications to the daily rate, which are approved in writing by the Council staff or, c. A sliding fee scale in a format approved, in writing, by the Council staff. 2. If any fees are generated by the Council's funded program in excess of the amount budgeted, the Provider will notify the Council staff of the excess revenues and plans to expend such fees. The Provider agrees to prioritize the use of excess fees in the following order: a. Increase the number of clients attending the program within licensed capacity. b. Purchase those items which would be considered "enhancements" to the service being provided in order to improve the quality of the program. c. Reduce the Council's funding by the amount of the excess fees received. 3. All fees generated by the Council funded program will be recorded in a separate revenue account. F:WORD/1999-2000 COA/YD 104 Agenda Item No.: g~ AGENDA REQUEST Date: September 30, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: October 5, 1999 Description of agenda item (who, what, where, how much): Request approval of A~reement with Children's Services Council which provides for reimbursement to the City of Delray Beach up to $155,348 for the Parks and Recreation After School Pro,ram, and Mayor's signature on two ori$inal A~reements. ORDINANCE/ RESOLUTION REQUIRED: YESN~ Draft Attached: YES/NO Recommendation: Approval and Mayor's signature on two Agreements. Department Head Signature: ~_j 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: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: ~. City Manager Review: Approved for agenda: ~/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved Memorandum TO: David T. Harden, City Manager ~/] THRU: Lula Butler, Director, Community Improvement Departme FROM: Charles L. Bender, Coordinator, Community Development Division DATE: September 30, 1999 SUBJECT: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to one (1) eligible applicant under the Delray Beach Renaissance Program. The subsidy represents the 94th. homeownership assistance grant provided under the City's Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. Each grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION Staff is recommending City Commission approval to provide subsidy for one (1) eligible applicant associated with the following property: · (New Construction) XXX SW 7th. Avenue (Lot 12, Block 5, Rosemont Park / $12,000) - (PCN: 12-43-46-20-14-005-0120) Note: applicant will receive $6,000 from the CRA under the Renaissance Program as well (total $18,000.00). s:\commun\renprg\comagend.doc AGENDA REQUEST ~.f__~. · l~equcst to bc placed on: Date: September 30, 1999 ~ Regular Agenda ~ Special Agenda __ Workshop Agenda xxxx Consent Agenda When: October $, 1999 Description of item: Authorization and approval to issue a subsidy to one eligible applicant under the Dclray Beach Renaissance Program in the amount of $12,000.00. Note: Mr. and Mrs. Cesar ($12,000 SHIP / $6,000 CRA)represent th 9~.~'~ homeownership assistance grant provided under the Renaissance Program to date. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total $12,000.00 Account# 118-1924-554-83.01 D ep artment He ad Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~0 Funding Alternatives: · (if~applicable), Account No. & Description:\\~-~°~.q'r'~-~)~.D I Account Balance:~ ~7-~, ¢50.0~) City Manager Review: Approved for Agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\commun~l\cd~renprgm\agenrequ.doc AGENDA REQUEST D~"' Request to be placed on: Date: September 30, 1999 Regular Agenda Special Agenda Workshop Agenda xxxx Consent Agenda When: October 5, 1999 Description of item · Authorization and approval to issue a subsidy to one eligible applicant under the Delray Beach Renaissance Program in the amount of $12,000.00. Note: Mr. and Mrs. Cesar ($12,000 SHIP / $6,000 CRA) represent the 94~. homeownership assistance grant provided under the Renaissance Program to date. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total $12,000.00 Account# 118-1924-554-83.01 Department Head Signature: ~~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~NO <~)~}O['!~ Funding Alternatives: .(if applicable) Account No. & Description: Account Balance: City Manager Review: ~'~ Approved for Agenda: ~TNO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\commun- 1 \cd\renprgm\agenrequ.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM #~J~ REGULAR MEETING OF OCTOBER 5, 1999 RESOLUTION NO. 63-99 DATE: SEPTEMBER 30, 1999 This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure located at 515 S.W. 2~d Street.. The resolution sets forth the actual costs recurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 63-99. RefiAgmemol 5.Res63-99.DemolitionUnsafe RESOLUTION NO. 63-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code cf Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixtY (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition 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 Article 7.8 of the Land Development Regulations desires to assess the cost of said condition 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 amount of as shown by the report of the City Manager of the City of Delray 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 Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. 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 certified mail, postage prepaid, return receipt requested, 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 has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the 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 2 Res. No. 63-99 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. 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 six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. 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 6%, 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 Res. No. 63-99 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: JOHNNIE MARTIN ADDRESS: 515 SW 2ND STREET, DELRAY BEACH, FL 33444 PROPERTY: 515 SW 2nD STREET~ DELRAY BEACH, FL 33444 LEGAL DESCRIPTION: W 50' OF THE EAST 200 FEET OF THE SOUTH 135 FEET OF THE SOUTH ½ OF BLOCK 22, ACCORDING TO THE RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $3,207.24 by resolution of the City Commission of the City of Delray Beach, Florida, dated has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. __X__ You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. 4 Res. No. 63-99 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on at a cost of which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk Res. No. 63-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # 0~ - REGULAR MEETING OF OCTOBER 5, 1999 REVIEW OF APPEALABLE I.JkND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 30, 1999 Attached is the Report of Appealable Land Use Items for the period September 20th through October 1, 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/Appealables / 10.5.99 TO: DAVID T. HARDEN, CITY MANAGER FROM: L NNER SUBJECT: MEETING OF OCTOBER 5, 1999 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 20, 1999 THRU OCTOBER 1, 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 September 20, 1999 through October 1, 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. [] Determined on a 5 to 0 vote (Carter and Hasner absent), that the proposed Capital Improvement Plan (CIP) is consistent with the Comprehensive Plan. City Commission Documentation Appealable Items Meeting of October 5, 1999 Page 2 A. Continued (7 to 0), the master development plan in conjunction with a water service agreement for Winterplace PUD, an unincorporated County parcel located at the southeast corner of Military Trail and the L-30 Canal. B. Determined on a 7 to 0 vote that auto transport companies are similar to the conditional uses listed in the MIC (Mixed Industrial and Commercial) zone district. No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Approved the preliminary plat and certified the final plat (5 to 0, McCarthy arrived late, Carter abstained), for Town Square, a mixed use project (residential/office), located on the south side of NE Ist Street, between NE 5th Avenue (southbound Federal Highway) and NE 6th Avenue (northbound Federal Highway). [] Recommended on a 7 to 0 vote that the City Commission approve on second and final reading Comprehensive Plan Amendment 99-1 with the proposed changes to address the ORC (Objections, Recommendations and Comments) report. [] Recommended approval (6 to 0, Carter abstained), of the abandonment of the east 20' of that portion of Old Dixie Highway lying west of and adjacent to the proposed Jennings Commercial Building (approximately 315 feet south of Gulf Stream Boulevard). Recommended denial (7 to 0), of a rezoning from POC (Planned Office Center) to NC (Neighborhood Commercial) for the former Rod and Gun Club Restaurant, located on the north side of West Atlantic Avenue, between Carver Middle School and the Villas D' Este Apartment Complex. Recommended approval (7 to 0), of a conditional use request to allow the establishment of an ornamental cast stone manufacturing facility for Samaro Stone and Design, Inc, located on the west side of NW 18th Avenue, approximately 300 feet north of Marry Fladell Drive. Recommended approval (7 to 0), of a conditional use modification associated with the addition of six guest suites at the Sundy Estates Residential Inn, located at the southwest corner of South Swinton Avenue and SW 1st Street. Recommended denial (7 to 0), of an amendment to the Land Development Regulations Section 4.4.13(G)(2) regarding front setbacks requirements for City Commission Documentation Appealable Items Meeting of October 5, 1999 Page 3 properties located within the CBD (Central Business District) lying east of the Intracoastal Waterway. Recommended approval (6 to 0, Morris abstained), of an amendment to the Land Development Regulations Section 4.4.13(G)(1)(e) dealing with parking requirements for residential uses in the CBD (Central Business District). 1. Approved (7 to 0), a request for a color change for St Tropez, a residential development currently under construction, located at the southwest corner of the Lavers Development which is on the north side of Egret Circle, east of SW 10th Avenue. 2. Approved (7 to 0), a request for a color change for the Sexton Property, located on the west side of SE 5th Avenue (southbound Federal Highway), south of SE 4th Street (416 SE 5th Avenue). 3. Approved with conditions (7 to 0), a Class III site plan modification and landscape plan for the Little Mermaid Restaurant, located at the northeast corner of NE 6th Avenue (northbound Federal Highway) and NE 1st Street. The architectural elevation plan was approved on a 6 to 1 vote (Friess dissenting). 4. Approved with conditions (7 to 0), a Class V site plan, architectural elevation plan and landscape plan for Lucien Commercial Building, a proposed 1,610 sq. ft. office/retail development located on the east side of SE 1st Avenue, between SE Ist Street and SE 2nd Street. Concurrently, the Board granted a waiver reducing the required landscape strip from 5' to 1'6" along a portion of the southern property line. 5. Approved with conditions (7 to 0), a Class V site plan and landscape plan associated with a proposed mixed-use development for Jennings Commercial Building, located approximately 400 feet south of Gulf Stream Boulevard between North Federal Highway and Old Dixie Highway. The development proposal involves the construction of a 7,140 sq. ft. office building along Old Dixie Highway and a 4,216 sq. ft. retail building along North Federal Highway. The architectural elevation plan was approved on a 6 to I vote with Fowler dissenting. Concurrently, the Board granted the following waivers: - Deferring the installation of the sidewalk along Dixie Highway, provided a sidewalk deferral agreement is executed; - Reducing the perimeter landscape strip from 5' to 4'6". City Commission Documentation Appealable Items Meeting of October 5, 1999 Page 4 6. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of an 18,600 sq. ft. mixed industrial development for South Congress Commerce Center, located on the east side of Congress Avenue, approximately 897' north of Marty Fladell Drive. X. Approved with conditions (5 to 0, Griffin and Ames absent), a Certificate of Appropriateness, a Class V site plan, landscape plan and architectural elevation plan associated with the conversion of a single family residence to offices for Gold Coast Appraisal & Realty, Inc., located on the north side of NE 4th Street, east of Swinton Avenue (15 NE 4th Street). Concurrently, the Board granted the following waivers: - Allowing parking to encroach 4'6" into the front yard. - Reducing the required perimeter landscape strip abutting the compact spaces and maneuvering area from 5' to 3'. Y. Approved (4 to 0, Johnson left the meeting), a request for a Certificate of Appropriateness associated with fa(;ade changes for a contributing commercial building located at 38 East Atlantic Avenue. Z. Continued on a 4 to 0 vote, a request for a Certificate of Appropriateness for a free standing monument sign for the Law Office located at 102 North Swinton Avenue. The Board cited concerns regarding the architectural style of the sign and requested that the applicant pursue other options. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - OCTOBER 5, 1999 L-30 CANAL i ~ LAKE IDA ROAD . r .-I I ! J- i I ; ,,,, I ' ' LOWSON 80ULEVARD r s.w. lOTH u~o~ DOU~'VARD I ! ! P.&Z: H.P.B.: A. WINTERPLACE PUD X. f5 N.E. 4TH STREET Y. 38 E. A TLANTIC A VENUE Z. 102 N. SWINTON AVENUE ......... cnv uu~s ......... S.P.R.A.B.: 1. ST. TROPEZ 2. SEXTON PROPERTY I ONE MILE 3. LITTLE MERMAID ~4PH~C SCALE 4. LUCIEN COMMERCIAL BUILDING 5. JENNINGS COMMERCIAL BUILDING crrY OF DELRAY r~F~CH, FL PLANNING & ZONING DEPARTMENT 6. SOUTH CONGRESS COMMERCE CENTER MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM % ~- - REGULAR MEETING OF OCTOBER 5, 1999 AMENDMENT %1 TO THE CENTER BASED CHILD CARE AGREEMENT DATE: OCTOBER 1, 199 On July 6, 1999, the City Commission approved a renewal agreement with the School District of Palm Beach County to provide child care service programs within the City of Delray Beach for the period July 1, 1999 through June 30, 2000. Before you is Amendment %1 to this agreement which addresses 3 and 4 year olds. Even though we do not service 3 and 4 years according to the School District staff we must still approve this amendment and incorporate it into the original agreement. Recommend approval of Amendment %1 to the Center Based Child Care Agreement. ref: childcare DELRAY BEACH Pa ks 6 Recreation' MEMORANDUM TO: David T. Harden, City Manager FROM: J. Dragon, Assistant Director Parks and Recreation Dept. DATE: October 1, 1999 SUBJECT: Child Care Services Contract Amendment Attached please find an amendmem to our existing contract with Child Care Services of the Palm Beach County School District for City Commission approval and the mayor's signature. The amendment, while addressing 3 and 4 year olds which we do not service, still needs to be a part of the overall contract according to School District staff. J. [~:a~on, ~ssistant Director P~ks and l~ecreation Dept. 50 Northwest I st Avenue · Delray Beach, Florida 33444 (561) 243- 7250 · Fax' (561) 243-7268 Center Based Child Care FY 99 - 00 AMENDMENT#1 This amendment entered into between the School District of Palm Beach County, Florida hereinafter referred to as the "Agency," and City of Delray Beach hereinafter referred to as the "Provider" hereby amends the contract entered into by the above-named parties on July 1, 1999. Attachment I. Section C., 4., is hereby amended to read as follows: 4. The Provider agrees to perform the following service tasks: 100% of all 3 and 4 year old children placed with the Provider will receive developmental screening using the Brigance within 4 weeks of their birthday, but no later than 4 weeks after their birthday. Parental permission must be given. 100% of all 3 and 4 years old children placed with the Provider with developmental problems identified will receive an individualized plan within four weeks of completing the assessment. Attachment II, Clients to be served under the following programs section, is hereby amended to read as follows: Clients to be served under the following programs: Subsidized Child care (SCC), JTPA, Child Care Purchasing Pool (CCPP), C.S.C. School Age Child Care This amendment shall begin on October 1, 1999. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment is hereby made a part of this contract. IN WITNESS THEREOF, the parties hereto have caused this 2 page amendment to be executed by their undersigned officials as duly authorized. PROVIDER: PALM BEACH COUNTY SCHOOL DISTRICT: By:. By: Name: Jay Alperin Name: Sandra Richmond Title: Ma_,,or Title: Chairman Date: Date: ATTEST: ATTEST: By: . By: Name: Name: Dr. Joan P. Kowal Title: Title: Superintendent Date: Date: or Witness: ~c~ Employer I.D. Number: ' ~ -2- Agenda Item No.: o~' AGENDA REQUEST Date: October 1, 1999 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: October 5, 1999 Description of agenda item (who, what, where, how much): Request approval and signature of Mayor on 2 originals of amendment to existin~ contract with the School District of Palm Beach County for child care services for the 1999-2000 school year. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Approval and Mayor's si§nature on amendment. Department Head Signature: ~~%.~ Determination of Consistenc/with ~omprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of fun4s): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~_~)/ NO Hold Until: ' Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t~ SUBJECT: AGENDA ITEM # fiji' - REGULAR MEETING OF OCTOBER 5~ 1999 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 30, 1999 This is before the City Commission to approve the award of the following bids and contracts: 1. Renewal of annual maintenance contract with U.S. Filter/Davis Process Products, sole source vendor, for wet scrubbers located at sewage lift stations #1 and #11 in the total amount of $20,400.00, with funding from 441-5144-536-52.21 0gr&S Lift Station Maintenance - Chemicals) in FY 2000 budget. 2. Bid awards to multiple vendors for the purchase of gasoline and diesel, via Palm Beach County Co-op Bid #99-166/PP, at an estimated annual cost of $238,363.87, with funding from 445-4714-572-52.11, 446-4714-572-52.11 and 501-3311-591-52.51 (1999-2000 Budget.) Recommend approval of the bid and purchase awards listed above. Ref:Bid. Agmemo. 10.5.99 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Date: September 28, 1999 XX Consent Agenda __ Special Agenda __ Workshop Agenda When: October 05,1999 Description of agenda item: Contract renewal for annual maintenance contract for wet scrubbers located at sewage Liftstations #1 and 11 to U.S. FiltedDavis Process Products for a total annual cost of $20,400. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Contract renewal with U.S. FiltedDavis Process Products for maintenance of wet scrubbers for a total annual cost of $20,400. Funding from account code #-441-5144-536-52,2~_, / (1999-2000 budget). 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 Number: ~-~ f_~>~( ~c(_~:~ ~,_ 5-2.~ 2. I Account Description: ~'~'Y~t ~..-~.-~, 5; Account Balance: ~'(I-~ ,--~ ? 0_~,~ City Manager Review: Approved for agenda: ~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor c~ THROUGH: Joseph Safford, Finance Director DATE: September 28, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 05, 1999 - CONTRACT RENEWAL SCRUBBER SERVICE MAINTENANCE Item Before Commission: The City Commission is requested to renew the annual maintenance contract with U.S. Filter/Davis Process Products for wet scrubbers located at Lift Stations #1 and 11 for a total amount of $20,400. Background: U.S. Filter/Davis Process Products is the current vendor for the annual maintenance contract for wet scrubbers units located at sewage Lift Stations #1 and 11. The current contract for the rate of $700 per unit per month expired on September 30, 1999. The proposed renewal contract includes a cost increase of $150 per month per unit to cover the increased cost of chemicals provided under the contract for a revised unit price of $850 per month per unit. See attached proposal from U.S. Filter/Davis Process Products dated September 16, 1999. This scrubber equipment was supplied and installed by Davis Water & Waste as pan of the Master Booster Pump Station project, therefore it is beneficial to the City to renew this maintenance contract on a sole source basis. The Deputy Director of Public Utilities recommends the one year renewal with U.S. Filter/Davis Process Products for a total annual cost of $20,400. This is based on $850 per unit per month for Liftstations #1 and 11. Liftstation #4 was removed from the contract this year. See attached memo from Deputy Director of Public Utilities dated October 12, 1999. Recommendation: Staff recommends the one year renewal for the maintenance contract for wet scrubbers located at sewage lift stations for a total amount of $20,400. Funding from account code #441-5144-536- 52.21 ( 1999/2000 budget). Attachments: Memos from Deputy Director Public Utilities Memo from U.S. Filter/Davis Process Products II I I City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M I I I TO: Jackie Rooney, Senior Buyer FROM: Dan Beatty, P.E., Deputy Director of Public Utilities-'~~ DATE: October 12, 199~ SUBJECT: Scrubber Service Contract Renewal Attached is a letter from U.S. Filter/Davis Process for renewal of our annual maintenance contract for wet scrubbers located at Lift stations 1 and 11. This proposal is for a one- year renewal period (October 1,1999 - September 30, 2000) at the adjusted rate of $850.00 per month, per unit for a total contract amount of $20,400.00. Funding is from Account ~-441-5144-536-52.20, Lift Station Chemicals. cc: Bob Bullard, Manager of Maintenance Division I~ESSRVOO21BEATT1qMy Documents~crubber. doc U.S FILTER / DAVIS PROCESS PRODUCTS 2650 TALLEVAST ROAD R O. BOX 29 SARASOTA, FL 34243 TALLEVAST, FL 34270 TELEPHONE 941-355-2971 FACSIMILE 941-351-4756 September 16, 1999 C. Danuers Beatty, P.E. Fax: 561-243-7060 Deputy Director of Public Utilities City of Delray Beach 434 South Swinton Avenue Delray Beach, Fl. 33444 Re: Scrubber Service Contract Quote Budget Year 1999 - 2000 Dear Mr. Beatty: Due to an increase in chemical and labor cost, please be adivsed that the scrubber located at L.S. 1 and 11 will be increased from $700.00 per month to $850.00 per month per unit. If you have any questions, please do not hesitate to call me at 1-800-345-3982 or on my mobile at 561-735-1361. Sincerely, USFILTER Joseph Taverrite Sales Representative F:\group\ctSdelray beach~scrb serv contract.doc AGENDA ITEM NUMBER: ~K <~''' AGENDA REQUEST Request to be placed on: Date: September 30, 1999 XX Consent Agenda __ Special Agenda Workshop Agenda When: October 05,1999 Description of agenda item: Bid award to various vendors for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #99-166/PP at an estimated annual cost of $238,363.87. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to various vendors for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #99-166/PP. Funding from accounts 445-4714-572-52.11,446-4714-572-52.11, and 501-3311-591-52.51. (1999-2000 budget). epartmentHea Signature: ~ ~ ~,~ ~,~ ~ Determination of Consistency wi~prehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involvinQex[}enditure of funds): Funding available: Yes'"-7~J No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: Robert Barcinski, Asst. City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph Safford, Finance Director DATE: September 30, 1999 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER 05, 1999 - BID AWARD - BID #99-161/PP CO-OP BID - GASOLINE AND DIESEL FUEL Item Before Commission: The City Commission is requested to make multiple awards as listed below for gasoline and diesel fuel, via the Palm Beach County Bid #99-166/PP, at an estimated annual cost of $238,363.87. Background: Palm Beach County Purchasing Department is the lead agency for this co-op annual bid. Bids were received on September 01, 1999, from eight (8) vendors per attached bid tabulation and agenda summary from Palm Beach County. This contract was approved by the Palm Beach County Board of County Commissioners at their 09/28/99 meeting. The County awarded to a primary contractor and a secondary contractor for each item. The low bidders (primary and secondary contractors) for the City of Delray Beach requirements are as listed below and as listed on attached gasoline and diesel fuel breakdown for the City of Delray Beach: Item Description: Primary Contractor Secondary Contractor Diesel #2 With Biocide Tankwagon BV Oil Company Inc. Port Petroleum Inc. Regular Unleaded Transport Coastal Refining Inc. Petroleum Traders Inc. Supreme Unleaded Diversified Oil Co. BV Oil Company Inc. Tankwagon This contract allows for price fluctuation (escalation) based on prices published in the Oil Price Information Service (OPIS) for Miami. However, the vendor markup or discount (including delivery and all other costs) shall not change during the time of the contract. Recommendation: Staff recommends multiple awards as stated above at an estimated annual cost of $238,363.87. Funding from accounts 445-4714-572-52.11,446-4714-572-52.11 and 501-3311-591-52.51. Attachments: Delray Beach Estimated Quantities Delray Beach Awards (Area #1 of Bid) OPIS Report - Miami Bid Re-Cap Sheet From Palm Beach County ESTIMATED QUANTITIES FOR CITY OF DELRAY BEACH DIESEL #2 (Tankwagon) 81,839 gallons REQULAR UNLEADED (Transport) 239,135 gallons SUPREME UNLEADED (Tankwagon) 15,000 gallons Breakdown: Based on current Miami OPIS (Oil Price Information System) for September 23, 1999 Vendor / OPIS Estimated Unit Price x Qty. = Description Bid Price Price Quantity Total Dollar Amount Diesel #2 BV Oil .6421 81,839 gals. .7004 (.0583 + .6421) (with Company x 81,838 gals. = $ 57,320.03 * Biocide) + .0583 Tankwagon Regular Coastal .6980 239,135 gals. .7077 (.0097 + .6980) Unleaded Refining Inc x 239,135 gals. = $169,235.84 * Transport + .0097 Supreme Diversified .7312 15,000 gals. .7872 (.0560 + .7312) Unleaded Oil Co. x 15,000 gals. = $11,808.00 * Tankwagon + .0560 Total estimated dollar amount for City of Delray Beach $ 238~363.87 * ESTIMATED QUANTITIES FOR CITY OF DELRAY BEACH DIESEL #2 (Tankwagon) 81,839 gallons REQULAR UNLEADED (Transport) 239,135 gallons SUPREME UNLEADED (Tankwagon) 15,000 gallons Breakdown: Based on current Miami OPIS (Oil Price Information System) for September 23, 1999 Vendor / OPIS Estimated Unit Price x Qty. = Description Bid Price Price Quantity Total Dollar Amount Diesel #2 BV Oil .6421 81,839 gals. .7004 (.0583 + .6421) (with Company x 81,838 gals. = $ 57,320.03 * Biocide) + .0583 Tankwagon Regular Coastal .6980 239,135 gals. .7077 (.0097 + .6980) Unleaded Refining Inc x 239,135 gals. = $169,235.84 * Transport + .0097 Supreme Diversified .7312 15,000 gals. .7872 (.0560 + .7312 ) Unleaded Oil Co. x 15,000 gals. = $11,808.00 * Tankwagon + .0560 Total estimated dollar amount for City of Delray Beach $ 238~363.87 * 89/24/99 11:13 To:Jackie Roone¥ From:Nicki Murphy PBC Purchasing Dept· Page 3/3 ()PIS GII.:t~()FI'I'- MIAMI AVI~:GIA(~TI~: PFII(~I~:S DIESEL UNLEADED GASOLINE REGULAR SUPER PREMIUM REPORT #2 Low #2 High 87 Oct. 89 Oct 93 Oct DATE .5543 .5379 9.0RVP 9.0RVP 9.0RVP July 30, 1999 .6213 .6468 .6923 7.8RVP 7.8RVP 7.8RV1~ · 6370 .6691 .7247 .5674 .5516 9.0RVP 9.0RVP 9.0RVP August 6, 1999 .6436 .6692 .7146 7.8RVP 7.8RVP 7.8RVP .6580 .6900 .7467 .6019 .5800 9.0RVP 9.0RVP 9.0RVP August 13, 1999 · 6604 .6860 .7314 7.8RVP 7.8RVP 7.8RVP .6728 .7046 .7612 .6149 .5889 9.0RVP 9.0RVP 9.0RVP August 20, 1999 .6524 .6781 .7246 7.8RVP 7.SRVP 7.8RVP ~ .6605 .6922 .7497 .6038 ·5768 9.0RXrP 9.0RVP 9.0RVP August 27, 1999 · 6335 .6592 .6918 REVISED 7.8RV]P 7.8RVP 7.SRVP .6429 .6749 ·6943 .6297 .6031 9.0RVP 9.0RV1~ 9.0RVP September 3, 1999 · 7025 .7025 .7496 REVISED 7.8RVP 7.8RVP 7.8RVP .7119 .7119 .7703 .6488 .6193 9.0RXrP 9.0RVP 9.0RVP September 10, 1999 .6911 .7175 .7659 7. SRV-P 7. SRYP 7. SRVP .6984 .7318 .7926 .6582 .6348 -0- -0- -0- September 16, 1999 .7100 .7436 .8021 .6421 .6250 -0- -0- -0- September 23, 1999 · 6980 .7312 .7896 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden FROM: Randal L. Krejcarek, P.E. ~)j DATE: '13 Aug 1999 SUBJECT: Tennis Center Expansion, Phase IV Design Service Authorization #6 Digby Bridges, Marsh, & Assoc., P.A.. Project #99-059 The attached agenda item is for Commission approval/authorization for Mayor to execute Service Authorization #6 from Digby Bridges, Marsh, & Associates, P.A. for the design and preparation of construction documents to construct two new tennis courts and other improvements at the Delray Beach Tennis Center. These proposed courts are part of the City's obligation from the agreement between the City and Match Point, inc. This project is included in the FY 1999/2000 capital program. Total cost for this Service Authorization is $29,000.00. Funding from Account #334-4145-572-63.90, Tennis Center. enc. cc Richard Hasko, P.E., Acting Director of Environmental Services project #99-059 S:tEngAdmintProjectst99~99-O59tOFFIClAL~agendaO1mem. doc ?~ Agenda Item No.:__ AGENDA REQUEST Date: 01 Oct 1999 Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda When: 05 Oct '1999 Description of item (who, what, where, how much) Requesting Commission Approval/Authorization for Mayor to execute Service Authorization #6 from Digby Bridges, Marsh, & Associates, P.A. for the design of two new tennis courts at the Delray Beach Tennis Center. These proposed courts are part of the City's obligation from the agreement between the City and Match Point, Inc. This project is included in the FY 1999/2000 capital program. Total cost for this Service Authorization is $29,000.00. Funding from Account #334-4145-572-63.90. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation Staff recommends approval of Service Authorization # 6 Department Head Signature: //~', .~,C.~ Determination of Consistency with Comprehensive Pan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~/NO Funding alternative~'-" (if applicable) Account No. & Description 334-4145-572-63.90, Tennis Center Account Balance $236,000.00 City Manager Review: Approved for agenda: ~.E~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.doc Sep-~O-99 04: 12P 561 278 7841 P.02 DIGBY BRIDGES, MARSH & A,,OCI ES P.A. 29 September 1999 CHARTFREO ARCHITECTS - PLANNERS - tNI[RIOR DESIC, NF~$ PROPOSAL FOR PROFESSIONAL SERVICES PROJECT DESCRIPTION We are pleased to submit this proposal to provide architectural services tbr the TENNIS CENTER COURTS EXPANSION - PIIASE IV, for the City of Delray Beach, FL. PROFESSIONAL FEES -' Landscape Architect (Grant Thombrough) $ 5,000.00 Paving & Drainage (Henry Heller) $ 8,500.00 Structural Engineer (David Carmo) $ i,000.00 Mechmfical/Electrical/Plumbing Engineer (Teele & Associates) $ 2,500.00 Architect (Digby Bridges,Marsh & Assoc) $12,000.00 TOTAL $29,000.00 All thc above to include the following: - Preparation of Construction Documents - Assist in thc bidding process - Assist in the Construction process - On site inspections and as-builts - Program to be Ibllowcd as per City Engineering - Attend all necessary meetings as requested by Owner, and site visits during the construction period - Architect to review all change orders prepared by the Contractor prior to the Owner's approval - Architect will assist in coordinating Tennis Court contractor with the General Contractor Services shall be billed at the [bllowing hourly rates: Principal $150.00 per hour Design $100.00 per hour Sr. Draftsman $ 70.00 per hour Jr. Draftsman $ 60.00 per hour Administrative $ 40.00 per hour Mode of payment shall be on a monthly basis and shall be billed in accordance with the hourly rates set out above. 124 NE, Fifth Avenue, l)eh'ay Beach, Florida 3)483 .'i07/278- 1388 Palm Beach. 7.~6-fi866 Fax: 11)'~/2'~8.78~ I Se@-30-99 04: 13P 561 278 7841 P.03 IMPORTANT DATES 2 July 1999 - Sub Rezxming Conditional Usc & Rd Closure Apps. 31 July 1999 - SPRAB Submittal due 16 Aug. 1999 - P&Z Board Recomm. Approval 17 Aug. 1999 - Commission 1 ~' Reading of 2 July Rezoning 7 Sept. 1999 - Commission 2"a Reading of Rezoning 8 Sept. 1999 - SPRAB Approval 12 Sept. 1999 - Advertise 30 Sept. 1999 - Bid 19 Oct. 1999 Award of Contract I Nov. 1999 Notice to Proceed (NTP) 1 Feb. 2000 - Completed EXCLUSIONS Soil tests Local government review (above normal review processes) Final application for building permit or permit fees Environmental Audits Compensation for additional Consultant services required by the Client shall be charged at Consultant's Cost. REIMBURSABLE EXPENSES Any out ofpocket expenses incurred, including, but not limited to the following: long distance phone calls/fax, long distance travel, prints/reproductions, postage/delivery, permits, surveys, soil tests, and any form oftesting will be billed to the Client at cost + 10%, Any major expenses to have the Client's approval prior to being incurred. AFTER ACCEPTANCE OF THIS PROPOSAL, THIS DOCUMENT BECOMES A LEGAL CONTRACT BETWEEN DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. AND THE CLIENT. City of Delray Beach Digby C. Bridges, President Date Date Oct-'D4-§9 10 :DBA 561 278 7841 P. 02 DrGBY BRIDGES, MARSH & ASSOCIATES, P.A. CONSULTING SERVICE AUTHOR]iZATION DATE: SERVICE AUTHORIZATION NO. ~ FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. ~9-004 (CITY) Digby Bridges, Marsh & Associates, P.A. TITLE: CITY OF DELRAY BEACH TENNIS CENTER EXPANSION I. PRQjECT DESCRIFTION Design and preparation of construction documents for two new tennis courts and other improvements at the Delray Beach Tennis Centre. II. SCOPE OF SEBVICES (A) The consultants will prepare all landscape, structural, mechanical, eIectrical, plumbing, paving/drainage as needed. (B) The consultant will provide architectural construction admini_stration and coordination services necessary for (A) above. (C) Consultant shall provide all services necessary to obtain approvals required, which may include, but not necessarily be limited to the following: City of Delray Beach Site Plan Review and Appearance Board City of Delray Beach Department of Environmental Services City of Delra¥ Beach Building Department City of Delray Beach City Commission The consultant shall furnish all materials and make presentations to these qoverninq bodies as required to obtain all necessary approvals. (D) Architect to assist in the biddinq process and in coordinating Tennis Court contractor with the General Contractor Architect to review all change orders prepared by the Contractor prior to the Owner's approval. III. BUDGET Compensation for services described above shall be a lump sum fee of $44,000.00 (Forty-Four Thousand Dollars.) Mode of payment shall be billed on a monthly basis and shall be billed in accordance with the hourly rates set out below. Compensation ~or additional services not included in this Contract shall be at the following rates: Principal $150.00 per hour Design $100.00 per hour Sr. Draftsman $ 70.00 per hour Jr. Draftsman $ 60.00 per hour Administrative $ 40.00 per hour EXCLUSIONS: Soil testing Local Government Process (above normal) Final application for building permit or permit fees REIMBURSABLES: Any out of pocket expenses incurred, including, but not limited to the following: long distance phone calls/fax, long distance travel, prints/reproductions, postage/delivery, permits, surveys, soil tests, and an form of testing will be billed to the Client at cost +10%. Any major expenses to have the Client's approval prior to being incurred. IV. COMPLETION DATE The completion date for the plans, contract documents and perm~U applications is 45 days frg~.Notice to Proceed. 5e@-30-99 04: 13P 561 278 7841 P.06 V. SERVICE AUTHORIZATION This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the preuious phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: DIGB¥ BRIDGES, MARSH & ASSOC., CITY OF DELRAY BEACH: P.A. Date Date By: Jay Alperin Mayor Tit].e: (Seal) Witness Witness ~ttest: BEFORE ME, the foregoing instrument, this day of , 1997 was acknowledged by Approved as to Legal on behalf of the Corporation Sufficiency and Form and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 1997. Notary Public State of Florida My Commission Expires: [lTV JIF DELAI:IV BEI:I[H DELRAY BEACH ~-J~I~C~IJ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444. 561/243-7000 1993 TO: David T. Harden City Manager FROM: 0~/Robert A. Barcinski Assistant City Manager DATE: September 30, 1999 SUBJECT: AGENDA CITY COMMISSION MEETING OCTOBER 5, 1999 APPROVAL LICENSE AGREEMENT - TENNIS CENTER EVENT Action City Commission is requested to approve a license agreement with the Crossroads Club, Inc. for an event to be held at the Tennis Center known as "Father Martin and Friends" to be held on November ]3, ]999 from 7:00 p.m. until 10:00 p.m. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(H) for the closure of NW 1st Avenue from Atlantic to the north entrance of the Community Center parking lot from 5:00 p.m. until 10:30 p.m. and to reduce the Tennis Center rental rates by 30%. Background The Crossroads Club, Inc. is preparing this event as a fund-raiser. Father Martin is a nationally known alcohol and drug rehab speaker. Payment in the amount of $6,400 would be made to the City for rental, utilities, site set up and clean up, and for an electrician. In addition, the City would be reimbursed for Police and Fire Department overtime at the detail rate estimated to be $2,500. The Crossroads Club, Inc. estimates that the attendance for this event will be approximately 5,000 people. The Crossroads Club, Inc. will be responsible for ticket sales and promotions for the event. Concessions for food and non-alcoholic beverages will be contracted out separately by Dubin and Associates. Recommendation Staff recommends approval of the license agreement, the temporary use permit and the 30% rental discount RAB:tas Fil¢:u:swcency/agcnda Doc: crossroads club THE EFFORT ALWAYS MATTERS ~,X~2. Pn~ted on Recycl~:l Paper Initials LICENSE AGREEMENT THIS AGREEMENT made this 7?hday of 99._ by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of' th;: State of Florida (hereinafter referred to as "City")and 0r~s'sra~ds' c (hereinafter referred to as "Licensee"). WITNESSETH: WHEREAS, City owns and controls certain park land upon which is located the Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and WHEREAS, Licensee has presented to the City that it would like to use the Tennis Stadium and accessways thereto (Tennis Center) for the sole purpose of presenting the event known as ~_/' . tQO (hereinafter referred to as the Event); and, WHEREAS, the License shall be for the non-exclusive use of the Tennis Center tbr the event beginning il[/]~/q9 at q.'o~) ft'~ and ending on I/CiO'131"-(:Da{e) ' ' . (Time) II at iO, W p~' Licensee shall be / (D/~te) ' (Tim~) allowed to move in on J[/]c:,q-/t~ 9 and shall be completely moved outby /{ ! q ' (Date) WHEREAS,. for the purpose of this Agreement, the City's designee ~hall be Dubin and Associates, Inc. or its designee, unless the City notifies Licensee to the contrary; and, WHEREAS, City has determined that it is in the public interest to enter into an agreement with Licensee to put on the event at the Tennis Center. NOW, THEREFORE, it is mutually agreed as follows: 1. Incorporation of Whereas Clauses. That tile provisions set forth and the clauses set forth above and commonly referred to as "WHEREAS" clauses are hereby, incorporated into the body of this agreement and shall have full force and effect herein. 2. Purpose. The parties agree that Licensee shall promote and produce the Event in a manner which complies with community standards and appeals to the interest of the general public, and use its best efforts to promote this Event at the Tennis Center. Licensee, at its sole cost and expense, shall provide management and personnel experienced in the promotion and production of the Event and for the purpose of supervising and directing Licensee's obligations under this agreement. 3. Licensee's Rights for the Event. Licensee shall have authority, subject to tile provisions and limitations set forth in this agreement, to enter into contracts oi' agreements to put on the Event. All such contracts shall be negotiated and executed by Licensee in its name and shall not be contracts and obligations of City. Ali contracts entered into by Licensee shall specifically contain language which provides that City is not a party to such agreement and is not obligated in any manner by any of the terms therein. The Licensee's rights are sub. iect to the rights and limitations and obligations that currently exist between the City and Coca-Cola of Florida. 4. Independent Contractor Status. It is understood between the parties that the relationship of City and Licensee is that of an independent contractor. Licensee shall have no authority to employ any person as an employee or agent on behalf of the City for any purpose. Neither Licensee or any person engaging in any work relating to Licensee's rights and obligations set forth herein at the request of or with the consent (whether actual or implied) of Licensee shall be deemed an employee or agent of City, nor shall any such person represent himself to others as an employee or agent of City. Should any person indicate to Licensee or any employee or agent of Licensee, by written or oral communication to iI,icensee, that the person believes Licensee or an employee or agent of Licensee to be an employee or agent of City, Licensee shall use its best efforts to correct or cause its employee or agent to correct that belief. 5. Compliance with Licensing Requirements. Licensee, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with applicable federal, state, county and City requirements, laws, roles and regulations and all licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. 6. Compliance with Laws. Licensee agrees to comply with all'applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. 7. Concession Rights. The City reserves tbr itself, and its agents, the sole and exclusive right to sell or give away refreshments, beverages, candies, foods, confections, ...... , ,.,.,,~...,na~= u, u,,,., a~c4,-and to contro[ the concessions rcfcr..'ed to above and to approve the sale or give away of thc above, including but not limited to parking concessions. Licensee, its agents or assigns, shall have no rights to engage in or otherwise undertake any concession of any item referred to above or concession fbr parking without the express written app. roval of the City. If the Licensee requests and the City approves any concession rights they will be set forth as an addendum to this Agreement; provided however, that no rights shall be 3 Initials transferred to Licensee which are governed by the City's agreement with Coca-Cola Of Florida and Licensee shall abide by same. 8. Utilities and Clean-Up. City shall provide and Licensee shall pay for all utilities which shall include, but not be limited to, electricity, water, sewer, telephone, and trash removal and shall also pay for maintenance and cleanup during and upon completion of the event. City shall provide and Licensee shall pay for at least one male and one female maintenance personnel to insure the restrooms are maintained and kept clean during and after the event. An estimate of these costs shall be provided by the City's designee to License; provided however that the Licensee shall pay all costs including those in excess of the estimate. 9. Event Personnel and Equipment. Licensee shall provide ali personnel needed for the Event, including, but not limited to, ticket sellers, ticket takers, ushers; sound technicians and stage hands. Licensee shall be responsible for the installation or removal of any additional staging or sound and/or lighting which is to be utilized for the Event or any other equipment of any type or nature which is needed for the Event. Licensee shall designate a management representative in a timely manner who will coordinate the Event with the City and its designee. Licensee shall be responsible tbr the costs of City employees such as, but not limited to, a City electrician as may be required for the event. Licensee shall be responsible for the cost of all chair rentals that may be required and the cost of all staging, lighting and sound equipment, except as otherwise stated in this Agreement.. Licensee shall be responsible for the cost of all repairs needed to the tennis center when repairs are not the result of normal wear and tear. Licensee and the City's designee shall perform a "walk through" before and after the Event. 10. Police, SecuriW and Emergency Personnel. Licensee agrees to make arrangements with the City Police Department and City's designee to provitie for City police 4 Initials personnel which the City determines, in its sole discretion, is necessary for t~he Event. Licensee shall pay the officers at the prevailing off-duty detail hourly rate in e£fect at the time of the event. Licensee shall, at least thirty (30) days prior to an Event, consult with the Chief of Police or his designee and the City's designee to determine the proper schedt, ling of security ~'br each Event. Also, Licensee shall contact the City Fire Department and the City's designee to make arrangements for Emergency Medical Technician personnel to be present at the Event at Licensee's expense. I !. City's Right to Control Premises. City or its designee at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating (or to keep persons from violating) any of tile rules or regulations of tile Tennis Center or any city, county, state or federal laws, and neither the City, its designee nor of any it~ officers, agents or employees shall be liable in any manner to Licensee or its officers, agents or employees for any damages which may be sustained by Licensee through the exercise of this right by City or its designee. 12.. parking and Signage' The City shall pr°vide ~i spaces t° ~~-(Number) Licensee adjacent to the Center for Licensee's use at no charge. In addition, the City shall provide parking spaces on City owned or controlled property for the Event which the City in its sole discretion determines it can make available without adversely impacting other public parking needs. The provision of available public and private parking and parking revenues is subject to the City's reserved rights in all concessions including parking. Licensee shall be responsible for obtaining all additional parking that may be necessary to provide sufficient pa. rking for the Event, including such additional parking as may be necessary in the opinion of the City, in order to ensure adequate parking is provided for the Event. 5 .. Initials ? " 13. Stal~e. Licensee shah pay the labor cost to install and remove the stage provided by the City and to install and remove court covers. The tom] cost of installation and remowl of' the stage and court, covers must be approved in adwmce by the City or its designee. If the City, or its designee and Licensee cannot agree on the cost in advance, the City reserves the right to install and remove the stage and to install and re~aove ~y ~ge covers with its own forces, with Licensee and the City sharing equally in the cost or' installation and removal. Licensee shall provide, install, and remove any covering nec~ssn~'y to Licem~'s equipment and performers at Licensee's sole cost ~md expense. A covering shall be provided b)' the City for tennis courts to insure against d~age to the surface. The City shall install, maintain, and remove the o. ourr covering. Licensee shall be liable for damage to the court if such coua-t covering is in place and it' the court is damaged by persons or events that Licensee has a duVj to control. Licensee will have access to the existing public address system for use during the Event. 14. lnsnvance. Licensee shall obtain insurance at its own cost m~d expense of ~e Btpe, nat'are, and amount and pursuant to the terms wluch are set forth on Exhibit "A" which is artache.~l hereto and incorporated herein by reference. The City and its designee shall be nm'ned additional insureds on all insurance certificates. 1 $ Right to Enter. Ci~ and its designee ~ authorized agemts and employe~s shall have the right to enter upon the subject premises at any and ail reasonable times tbr the purpose of inspection arid observation of Licensee's operation to assure that requirements of this agreement are upheld and that no violations of the r~les, statu~es, ordimmces or regulations have occurred or are occurring. Said inspeclions may b~ made by persons identified to Licensee as City employees or City design.s auIhorized for such inspection or may be made by independent Initials contractors engaged by City or its designee. Nothing contained herein shall be deemed a waiver of' Licensee's obligation to hold the Event as provided in this Agreement. 16. Conclusion of Performance. All pcrtbrmances shall end no later than 12:00 A.M. unless otherwise approved by the City, or its designee. 17. Alterations. Licensee shall not make any alterations, additions or improvements to the Tennis Center or any part thereof' without the prior approval of City or its designee. 18. Notice of Defects. Licensee shall report safety deficiencies or any defects it notices on the premises immediately to City's Risk Ma,~ager and the City's designee and shall cooperate fully with C~ity and its designee in the i,~vestigation of' accidents incurring on the subject premises. 19. Indemnification. Licensee does hereby release and agree to indemnify, de£end, save, and hold harmless the City, its designees, officers, agents and employees from and against all claims, 'actions, causes of action, demand, judgments, costs, expenses, and all damages every kind in nature incurred by or on behalf' of' any ct~rporation, person, or governmental authority, whatsoever predicated upon injury or death o~' any person or Io:;s oven' damaged property of whatsoever ownership, 'or copyright infringement arising out of or connected with, directly or indirectly, Licensee's operation pursuant to the terms of this agreement, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 20. Release. Licensee acknowledges and agrees that City, its designee, ofricers, agents and employees assume no responsibility whatsoever for any property placed ina the pre~nises provided for herein and City, its designee, of'ricers, agents and employees are expressly released and discharged from any and all liability for any loss, injury, damage.:, thai't, vancl;~lism 7 Initials or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may sustained by Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished for the premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time tbr any cause, or by reason of any loss or damage sustained by Licensee resulting fi-om fire, water, hurricane, tornado, civil commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and discharges CiW, its designee, officers, agents and employee~ ~om any and all demands, claims, actions and causes of actions arising fi'om any of the causes aforesaid. 21. Taxes. Licensee shall pay any and all taxes levied on the property by reason of Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property and improvements belonging to License located on the premises and all applicable sales, use, rental and other taxes which may be levied against its operation. r 22. License; Fees. Licensee shall pay to City for tile rights and privileges granted erein ~u~c , ,,~u;~d ~,,ars ~.2,fiffi.~w plus state sales tax and all taxes as referenced above the use of the Tennis Center for the Event .......... ~ ~ ~..~r . .. , tv roz x r,~ ~w, ~ ..... ~;~h .....; .....,~ ph,~, ..... ~m ..... ~ ~ .... One-half of the payment is due ~n L ........ ~,~,,.,~-'-~:-- ,.,~ Agi~ .... ;hr-and the balance is due seventy-two (72) hours before the date and time of the scheduled Event, in the form of a cashiers check. These fees are in addition to any other fees or reimbursements of whatever nature required or provided under this Initials Agreement. The License fees paid by Licensee to City shall be tbrt~:ited if the Event is to the Tennis C~ntlr a mrger numler of persons'than the alprov~d capality it will safel; ~, prlnr tn the· nnhlio ..... ~ul~ da~ . 24. Advertising Revenue. Licensee shall be entitled to retain all advertising and sponsorship revenues generated by advertisers or sponsors of the Event promoted by Licensee at the Tennis Center; provided, however that the Ci~ and its designee have the right to approve all advertising and its location, and to retain all advertising and sponsorship revenues generated by the City and its designee. 25. Failure to Pay. Other than the payments referred to in Paragraph 22 which are to be paid as provided in Paragraph 22, if Licensee neglects to make any other payments to City within ten (10) business days after the day on which the payment is due and owing, Licensee shall pay to Ci~ for such privilege, an additional charge of Twenty-Five ($25.00) Dollars per day for each day's delay in payment, retroactive to and beginning with the first day of the delinquency or the Gity may assess interest at 12% whichever is greater. Ci~'s right to assess the penalties for payment made later than the day upon which payment is due and to keep all deposits in the event of cancellation, shall be in addition to its right to terminate the license anti its rights to seek all other damages and compensation as permitted by law. . 26. Accounting and Right to Audit. 9 Initials (,agcordanc~-wit-h-g~a41-y-ac~ept. ed-aeeouming-pr4neipalsg-when-payment is tendered.~o the C-~y. City-shall--ha-v~4heo-rdght-to-audi-t-aad-revi~w-gic-ensee-'-s-~mncia~ree~-as-they-relate- to-or permin-toqhe-~ent. 27. Waiver of Breach. Neither the waiver by City or its designee of any breach of the Agreement, condition or provision of this Agreement or the failure of City or its designee to seek redress for violation of or to insist upon strict performance ot; any agreement, condition or provision, shall be considered a waiver of the Agreement, condition or provision, or any subsequent breach of any Agreement, condition or provision. No provision of' this Agreement may be waived except by written agreement signed by the City and Licensee. ~Upon agree~,y...~ parties, Licensee shall deposi, t~ity some form of security acc~the ~ity t0 cover the cost of refunders l'or Events. c~~he security shall~fied or cashier's check payable to Ci~nd executed by a surety or suret~ved by City, naming City_ as princi~ity as obligee, or other secur~ity a,~le to the City. The security sha~tioned upon _the f~ithful perf~ Licensee of all of the terms of th~ent and may also be used ~sales for the event which did not occur,~uch portion as may be d~returned to Licensee at the .enn.~t~ent~:-mjy;t~:t~greement' so long as_Li~as not responsible tbr dan, ages to the 29. Controlling Law. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 10 Initials 30. Entire Agreement. This Agreement constitutes the entire a~greement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 31. Force Majeure, Strikes and Unavoidable Causes. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disrup,:ions or blackouts, or similar causes or any other causes beyond the control of City. 32. Sublicense and Assignment. Licensee shall not sublicense the subject premises or any part thereof or allow the same to be used or occupied by any person o': l'br any other use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of City. Neither this Agreement nor the rights herein granted shall be assignable or transferabie by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 33. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: 11 Initials City: David Harden, City M,4nager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Licensee: Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 34. Subtitles and Captions. Paragraph headings are tbr reference purposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. 35. This Agreement is not effective until signed by the Mayor or the City Manager. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year ilrst above written. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: .lay Alperin, Ma),or City Clerk Approved as to Form: City Attorney ATTEST: LICE~EE (Name printed or typed) 12 lniti.~ls State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~_ day offS, by _~'~ .}'~6:'S ~9. We //_~ He/ghe is personally known to me in, o~w, ed ~ and did (did n~) take an oath. ~~i~d'e o~l:~.thr~ Public- State. t;~'~ MY COMMISSION # CC 729416 II ~<~ EXP~RES:~ay23,200~ tl I,'nnis ctr license, agt 13 Initials EXHIBIT A INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH FOR AGREEMENT WITH LICENSEE Licensee shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. The Lessee further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. -Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being crone under this agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $1,000,000.00 combined single-limit per occurrence, and as an annual aggregate, covering bodily injury, property damage and personal injury. C. Motor Vehicle Liability Insurance covering all vehicles associated with the Lessee's operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. D. The certifi, cation or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. Lessee shall fumish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, five (5) days prior to the holding of tb.t.' event. If so requested by the City, certified copies of insurance policies will be pr~r~ided by the Lessee. -If any of the above coverages expire during the term of this agreement, the Lessee will provide a renewal certificate at least ten (10) days prior to expiration. ; Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. Ist Avenue, Delray Beach, Florida 33444. Insurnnceprov/agt ADDENDUM IA CONCESSION RIGHTS OF LICENSEE (LICENSEE TO RECEIVE ALL REVENUES FROM CONCESSIONS OTHER THAN PARKING) The Addendum is made this day of , 1999, between the City and Licensee, pursuant to the agreement dated , 1999 between the parties. Subject to that agreement, the following additional rights are granted. All terms and conditions of the original agreement remain in full force and effect, except for Paragraph 7 and 12 which are modified by this addendum to the extent of an express conflict therewith. ~ /Li .................. r,g,,, and ~nan not offer for sale or give away any ~reqerved to Coca-Co~a of. ' ~ ,~a .... "' ;~ o ....... ....--"¢ -'~"'~r;~h*° '~- .... ,~,'~nu:z_. f3r public ~, .......... p~ivate ?,-k.i,,g All concessions must be approved 48 hours in advance of scheduled Event by the City or its designeek The City reserves lhe right to reject the sale of any and all concessions 48 hours before the event. In addition, Licensee may provide tempora~ structures at its o~ expense, for the sale of concession items provided that the size, construction and location of such temporary structures shall not impede the normal and safe flow of vehicular and pedestrian traffic and shall comply with all applicable laws and regulations. In providing the concession service, Licensee or any person, firm or corporation with whom a contract for such pu~ose (hereinafter referred as "Concessionaire") shall comply with the following provisions provided, however, that Licensee shall remain ultimately responsible to CiW for all obligations required of the Concessionaire: a. . Concessionaire shall, prior to commel~cing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. b. All food, con~, non-alcoholic beverages a,~shments, e~old ~~t for sale shall be first clas~quality, wholesome and pure, ~n accorda~ w ,~ment and Health requiremen~ shall conform to all ~Edcral,~, county, and munic~ordinances, rules and regt~s in all respects.. ~ 1 , Initials c. Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause undue litter. d. Concessionaire may, at its expense, fiu'uish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to City tbr approval prior to installation of any items. For the purpose of this agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. e. The Concessionaire shall provide all maintenance, repai,' and service required on all equipment used on the concession. f. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever di,'ected to do so by City. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area sh~ll be provided by Concessionaire at Concessionaire's expense. g. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. h. If the concession is operated by a person, firm or corporation other than Licensee, such person, firm or corporation shall at all times maintain workers' compensation insurance coverage ['or all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and prSvide fire legal liability in the amount of Five Hundred Thousand ($500,000.00i Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the Risk Manager of City and shall name City, and its designee, its officers, agents and employees as additional insureds. ~ Initials (2) This Addendum is effective when approved and signed by the City or its; designee. ..... : .:~.:~2.~ u~ ~=- m~ECIAL EVENT ~. ..... : ~ '-:~' ~ - - .~.?: ESTIMATED COSTs - -: (3 HOUR SHO~ TENNIS CENTER RENT , ~ UTILITIES TRASH REMOVAL $' 500.00 $ 250.00 CLaN-UP (During) Includes restrooms CLaN-UP (Post) $ 300.00. 20 x20 STAGE AND FLOOR $ 500.00 INSTALLATION AND REMOVAL $ 2.500.00 ELECT. C N CITY ATTORNEY'S OFFICE TM TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali. America City DATE: September 30, 1999 1993 TO: David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Delray Beach Cultural Alliance (DBCA) Acceptance of Assets Upon Dissolution The Delray Beach Cultural Alliance desires an item to be placed on the October 5, 1999 agenda to discuss their plans and for the purpose of gaining the City Commission's approval for the acceptance of their assets upon dissolution of the not-for-profit corporation. Attached are various materials submitted by the DBCA, including their bylaws and articles of incorporation and a description of their activities etc. for your information. Ron Nyhan has requested that the item be placed on the October 5, 1999 agenda as early ievening so he can make his class in Fort Lauderdale. Attachments cc: Alison MacGregor Harry, City Clerk Ronald C. Nyhan ..~ John Johnson ~ Hugh H. Strachan ARTICLES OF INCORPORATION OF DELRAY BEACH CULTURAL ALLIANCE (A Corporation Not for Profit) The undersigned does hereby execute these Articles of Incorporation for the purposes of forming a not-for-profit corporation pursuant to Chapter 617 of the Florida Statutes. Article 1. Name of Corporation and Address of Principal Office The name of the corporation is the Delray Beach Cultural Alliance (DBCA). Its principal office and mailing address shall be: P. O. Box 913, Delray Beach, FL 33447. Article 2. Duration and Dissolution The duration of the corporation is perpetual. Upon dissolution of this corporation, the assets shall be vested with the City of Delray Beach. Article 3. Purposes. The purpose of the corporation is as follows: A. This corporation is a not-for-profit corporation organized under Chapter 617, Florida Statutes. It is not organized for the private gain of any person. The specific purposes of this corporation are: 1. To identify opportunities and challenges for coordination and communication among all cultural organizations. 2. To preserve the historic character of the City of Delray Beach. 3. To develop opportunities for marketing, advertising and fund raising for art, cultural and heritage activities in Delray Beach. 4. To create a shared responsibility for cultural activities tied to all levels of school and children's groups. 5. To increase the presence of the DBCA on various boards in Palm Beach County. B. To exercise all rights and powers conferred by the laws of the State of Florida upon not-for-profit corporations. C. Provided, however, that the Corporation shall not engage in any action which is not permitted to be carried on by not-for-profit corporations under the Internal Revenue Code and no part of the net earnings of the Corporation shall inure to the benefit of or be distributable to its members, directors, or officers; but the Corporation shall be authorized and empowered to pay reasonable compensation to these people for services rendered, and to make payments and distributions in furtherance of its stated purposes. Article 4. Qualifications of Members The affairs of the Corporation shall be managed by a Board of Directors which shall consist of one representative from each of the member cultural organizations in Delray Beach. A member cultural organization must be a public or private not-for- profit corporation (IRS 501 (c) (3)) whose mission statement includes the funding, planning and implementation of arts, cultural and heritage events and programs in Delray Beach. The mission of each member organization must compliment the mission of the Delray Beach Cultural Alliance and all member organizations shall be a current dues paying member. New organizations that fit this criteria may request admission to the Board of Directors at any meeting. Each member organization shall contribute an initial membership fee of $125 and an annual (July-June) dues payment of $50. Each annual payment is due by July 30 of each year. Article 5. Board of Directors As more specifically set forth in the By-laws of this Corporation, the Corporation will be governed by a Board of Directors. The voting members of the Board of Directors shall be only one representative from each member cultural organization. Article 6. By-Laws The By-Laws of this Corporation shall be made, altered or rescinded by resolution duly adopted at any meeting of the Board of Directors by two-thirds of the Directors. Article 7. Initial Registered Agent and Office. The initial registered agent of this corporation is Ronald C. Nyhan and the initial registered office is P.O. Box 913, Delray Beach, Florida 33447. Article 8. Officers The officers of the Corporation shall consist of a President, Vice President, Secretary, and Treasurer. Each officer shall be elected by the Board of Directors (and may be removed by the Board of Directors) at such time and in such manner as maybe prescribed by the By-Laws. The election of officers shall be at the annual meel~ng each April. The officers may serve only two consecutive, one year terms. The name and address of each initial Officer of the Corporation is as follows: President: Ron Nyhan 832 Lake Shore Dr. Delray Beach, FL 33444 Vice President: John Johnson P.O. Box 1952 Delray Beach, FL 33447 Secretary: Mykal Banta 29 SE 4t~ Avenue Delray Beach, FL 33483 Treasurer: Hugh Strachan 5540 Coach House Circle Boca Raton, FL 33486 The By-Laws shall provide the method of election of all Officers, and the number of Officers may be raised or lowered by amendment of the Bylaws but shall in no case be less than four. Article 9. Incorporator The name and address of the incorporator of this corporation is: President, Ron Nyhan, 832 Lake Shore Drive, Delray Beach, FL 33444 Article 10. Nonstock Basis The Corporation is organized (and shall be operated) on a Nonstock basis within the meaning of the Florida Not-For-Profit Corporation Act, and shall not have the power to issue shares of any type or class of stock, but may issue membership certificates if so provided in the By-Laws. Article 11. Corporate Address The Post Office address of the Corporation is: P.O. Box 913, Delray Beach, FL 33447. IN WITNESS WHEREOF, the undersigned have signed these Articles of Incorporation on this day of September 1999. (Signature of Incorporator) Acknowledged before me on September 1999 by , who produced as identification a valid State of Florida driver's license, and who executed the foregoing Articles of Incorporation and acknowledged to and before me that he executed said instrument for the purposes therein expressed. NOTARY PUBLIC-STATE OF FLORIDA Name: Commission No My Commission Expires: I accept designation as registered agent: Attachment D Draft Bylaws BYLAWS OF THE DELRAY BF~CH CUI;I'URAL Al J JANCE PRF. AMBI~: The Delray Beach Cultural Alliance is a not-for-profit corporation orgmfized under Chapter 617, Florida Statutes. For additional information, refer to the Articles of l~corl>oratio~. I. Place of Business: The office of the corporation shall be in Delray Beach, Florida. II. Board of Directors: The mmual meeting of this Board shall be in April of each year and the Board shall meet monthly. The property, althirs ami business of the coqDoration shall be managed and controlled and all coqDorate powers shall be exercised by, or under the authority of, its Board of Directors. A majority of the Board shall constitute a quorum for the transaction of business at any meeting. The Directors shall act only as a Board and individual Directors shall have no power as such. For the Qualilicafion of Board Members, refer to Article 4 in Articles of l~c{n'l~orafio~. III. Officers: The Officers of the corporation shall be a President, Vice President, Secretary and Treasurer. The Officers shall be elected by the Board of Directors at the annual meeting for a one-year term. The President shall preside at all meetings and in the absence of the President, the Vice President shall have the responsibilities of the office. The Secretary shall keel> the tninutes of all meetings, keep a current list of all Alliance tnembers, keep> the corporate records and seal of the corporation. The Treasurer shall give bond tbr the [aitlfful peflbrmance of tfis duties. The Treasurer shall have charge, custody of, and be responsible for, all thnds of the corporation. Co~nmittees, agents and employees shall perform such duties as shall be assigned to them from time to fitne by the Executive Cmmnittee. IV. Term of Officers: The term of Officers of the corporation and the No~ninafing Com~nittee shall commence with their election and expire upon the election of their successors at the mmual ~neeth~g. The Officers may se~x,e only two consecutive terms, one-year terms. Ajay Director, Officer, member of the Executive Co~nmittee or Nonfinating Committee may be removed from office by a two/tlfirds vote of a quorum of the Board at a regular meeting. V. Executive Cmnmittee: ql~e Executive Co~mnittee shall consist of the tbur elected Officers of the corporation. Any vacancy on this committee shall be appointed, for the unexpired term, by the President. Wlfile the Directors are not iu a xneeting, tiffs committee shall have such power as shall be cont~rred upon and vested in it by specific action of the Directors. A quorum of this committee shall consist of three members and all actions of this committee shall require at least a quorum. VI. Nominating Committee: There shall be a Nominating Committee whid~ shall consist of the Executive Comnfittee and three additional Directors, to identil~, prospective Officers, determine that they meet the qualifications and that they are willing to serve. VII. Co~npensatiou: No Director or Officer of the corporation shall receive any compensation; however, any Director or Officer may be reimbursed tbr any expenses incurred h~ connection with the activities of the corporation. The corporation lnay employ agents, representatives or employees, as shall from ti~ne to time be deexned uecessary to propedy carry out the objectives and purposes tbr wlficb tile corporation was formed. VIII. Contracts, Loans, Checks, Draft, Bank Account, etc.: The Executive Comxnittee shall authorize any Officer, agent, representative or elnployee of tile corporation to enter into any contract or execute and deliver any instrument in tile name of and on behalf of the corporation. Such authority shall be geueral or confined to specified instances. Unless so authorized by the Executive Committee, no Officer, agent, representative or employee shall have any power or authority to bhld the corporation by any contract or engagement or to pledge its credit or to render it liable pecuuiary for any purpose or to any mnount All checks, dr,fits, or other orders for the l)ay~nent of money, notes or other evidence of indebtedness issued in file nmne of file corporation, shall be sigued by file Treasurer or another member of the Executive Committee. All funds of the corporation shall be deposited to the credit of the corporation under such circumstances and in such bm~ks as the Executive Committee shall designate. IX. Fiscal Year: The fiscal year of fl~e corporation shall begin on the lirst clay of July and end on file flfirtiefl~ (lay ofJ une in the followi~tg year. X. Corporate Seal: The Executive Committee shall provide a suitable seal. XI. Limitation of Liability: No person shall be liable to the corporation for any loss or damage suffered by it on account of any action taken or omitted to be takeu by him as a Director or Officer of the corporation h~ good faith, if such person exercised, or under fl~e same degree of care and skill as a prudent man would have exercised under the circumstances in the conduct of Iris own althirs, or took or omitted to take such action in reliance upon advice of counsel for the corporation which he had reasonable grounds to believe. XII. Axnendments: ~l]~ese ByLaws or any portion of them shall be amended or repealed, or new ByLaws be made by a two/tifirds vote of a quorum of the Board of Directors at a regular meeting. Attachment F. Financial Statements Attachment E Financial Statement Initials or other wrongful acts or acts of' any kind or nature resulting in damage or loss to persons or property which may sustained by Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished for the premises or by reason of any loss or impairment of light, current, or water supply which may occur f.rom time to time tbr any cause, or by reason of any loss or damage sustained by Licensee resulting fi'om fire, water, hun-icane, tornado, civil commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and discharges Ci~, its designee, officers, agents and employee~ ~om any and all demands, claims, actions anti causes of actions arising fi'om any of the causes aforesaid. 21. Taxes. Licensee shall pay any and all taxes levied on the property by reason of Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property and improvements belonging to License located on the premises and all applicable sales, use, rental and other rexes which may be levied against its operation. r22. License; Fees. Licensee shall pay to City for tile rights and privileges granted ~erein ~u~ ,,,~ua~n~ ~a.ara ~, ...... ~ plus state sales tax and all taxes as referenced above the use of the Tennis Center for the Event .......... ~. ~ .... ~.o~c .....,/~ Coz, c., ~ Lic;nac~ 3ighiiig ilil3 A~,~.~-and the balance is due seventy-two (72) hours before the date and time of the scheduled Event, in the form of a cashiers check. These fees are in addition to any other fees or reimbursements of whatever nature required or provided under this Initials Agreement. The License fees paid by Licensee to City shall be tbrfeited if the Event is ~a~2~~ to the Tennis Centlr'a larger numler of persons than the approvffd capacity it will safely accommodate. C5.~' o~o~ .__:! .... '-:' 24. Advertising Revenue. Licensee shall be entitled to retain all advertising and sponsorship revenues generated by advertisers or sponsors of the Event promoted by Licensee at the Tennis Center; provided, however that the Ci~ and its designee have the right to approve ali advertising and its location, and to retain all advertising and sponsorship revenues generated by the City and its designee. 25. Failure to Pay. Other than the payments referred to in Paragraph 22 which are to be paid as provided in Paragraph 22, if Licensee neglects to make any other payments to City within ten (10) business days after the day on which the payment is due and owing, Licensee shall pay to Ci~ for such privilege, an additional charge of Twenty-Five ($25.00) Dollars per day for each day's delay in payment, retroactive to and beginning with the first day of the delinquency or the City may assess interest at 12% whichever is greater. Ci~'s right to assess the penalties for payment made later than the day upon which payment is due and to keep all deposits in the event of cancellation, shall be in addition to its right to terminate the license and its rights to seek all other damages and compensation as permitted by law. . 26. Accounting and Right to Audit. 9 Initials aacovdanc~-wit-h-g~-a41-y-ae-~el~ed-aeeouming-pr-ineipals~,vhen-payment is t'endered~O the City. '4 C-ity-shall--ha-vo4he~4gh-t-to-audi-t-a-~d-revi~,-gieensee'-s-financial-reeo,~-as-they--relate~ to-or per~ain- to-the-E~vent. 27. Waiver of Breach. Neither the waiver by City or its designee of any breach of the Agreement, condition or provision of this Agreement or the failure of City or its designee to seek redress for violation of or to insist upon strict performance o1'; any agreement, condition or provision, shall be considered a waiver of the Agreement, condition or provision, or any subsequent breach of any Agreement, condition or provision. No provision of this Agreement may be waived except by written agreement signed by the City and Licensee. ~ Upon agree~...~le parties, Licensee shall deposi, t~ity c~~he security shall~fied or cashier's check payable to Ci.~nd executed by a surety or suret~ved by City, naming City_ as princi~ity as obligee, or other secur, ity ~le to the City. The security sha~tioned upon the f~ithful perf~ Licensee of all of the terms of th~ent and may also be used ~sales t:or the event which did not oecur,~uch~ portion as may be d~remrned~ to Licensee at the .enn.~..ent~-rn::-at~t~greement' so long as_Li~as not responsible tbr damages to the 29. Controlling Law. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 10 Initials 30. Entire Agreement. This Agreement constitutes the entire a~reement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 31. Force Majeure, Strikes and Unavoidable Causes. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 32. Sublicense and Assignment. Licensee shall not sublicense the subject premises or any part thereof or allow the same to be used or occupied by any person o'.: l'br any other use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of City. Neither this Agreement nor the rights herein granted shall be assignable or transferabie by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 33. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: 11 Initials City: David Harden, City M,'inager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Licensee: Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 34. Subtitles and Captions. Paragraph headings are tbr reference l:,urposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. 35. This Agreement is not effective until signed by the Mayor or the City Manager. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. CITY OF DELRAY BEACH, FLORll)A ATTEST: By: .lay Alperin, Mayor City Clerk Approved as to FOrm: City Attorney ATTEST: LICE~EE ' (Narne printed or typed) 12 Initials State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this r//~. day ot'~j~~,, by ~d ~ and did (did no~ take an oath. ~~e ~thr~ P}~blic - Statq ,t tennis cfr license, agt 13 Initials EXHIBIT A INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH FOR AGREEMENT WITH LICENSEE Licensee shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. The Lessee further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. 'Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $1,000,000.00 combined single~ limit per occurrence, and as an annual aggregate, covering bodily injury, property damage and personal injury. C. Motor Vehicle Liability Insurance covering all vehicles associated with the Lessee's operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. D. The certifi, cation or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. Lessee shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, five (5) days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be pr~r~ided by the Lessee. · If any of the above coverages expire during the term of this agreement, the Lessee will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Atm. Risk Manager, 100 N.W. I'~ Avenue, Delray Beach, Florida 33444. [nsuranccprov/agt " Initials ADDENDUM IA CONCESSION RIGHTS OF LICENSEE (LICENSEE TO RECEIVE ALL REVENUES FROM CONCESSIONS OTHER THAN PARKING) The Addendum is made this day of , 1999, between the City and Licensee, pursuant to the agreement dated , 1999 between the parties. Subject to that agreement, the following additional rights are granted. All terms and conditions of the original agreement remain in fi~ll force and effect, except for Paragraph 7 and 12 which are modified by this addendum to the extent of an express conflict therewith. /~ .................... s,,, a,d ~um, nut offer for sale or give away any ~re~erved to Coea-P~ of F]efid. ' ' ,~ shall th~sL~ac:;ze co::f~ _.., ........... vubhc ~ prh, ate p~,'['i,,g All concessions must be approved 48 hours in advance of scheduled Event by the City or its designee~ The City reserves the right to rQect the sale of any and all concessions 48 hours before the event. In addition, Licensee may provide tempora~ structures at its om expense, for the sale of concession items provided that the size, construction and location of such temporary structures shall not impede the normal and safe flow of vehicular and pedestrian traffic and shall comply with all applicable laws and regulations. In providing the concession service, Licensee or any person, firm or corporation with whom a contract for such pu~ose (hereinafter referred as "Concessionaire") shall comply with the following provisions provided, however, that Licensee shall remain ultimately responsible to Ci~ for all obligations required of the Concessionaire: a. . Concessionaire shall, prior to commepcing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. ~~t for sale shall be first clas~quality, wholesome and Pure,_~n accorda~ wl~ment and Health requiremen~ shall confornl to all tEderal,~ county, ~ ~ and munic~ces' rules and regt~n all respects' .~ ~ . 1 c. Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause nndue litter. d. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to City for approval prior to installation of any items. For the purpose of this agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. e. The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. fi Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary cortdition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by City. All state health laws and state health department regulations must be strictly complied with. All .janitorial services necessary in concession area sh~ll be provided by Concessionaire at Concessionaire's expense. g. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. h. If the concession is operated by a person, finn or corporation other than Licensee, such person, firm or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance aud provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and pr6vide fire legal liability in the amount of Five Hundred Thousand ($500,000.00)' Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (I 0) days written notice to the Risk Manager of City and shall name City, and its designee, its officers, agents and employees as additional insm'eds. 2 " Initials · (,2) This Addendum is effective when approved and signed by the City or it.? designee. Date RENT -'. (3 HOuR 8HO~ $~ TRASH REMOVAL $ 250'00 CLaN-UP (During) ~ncludes reslrooms $ 300 00 CLaN-UP (Post) $ 500'00 20 x20 STAGE AND FLOOR . INSTALLATION AND REMOVAL $ 2,500.00 CI~ ELECTRICIAN $ 250.00 l)elrax Beach Cultur Allmce P.O. Box 912 Delray Beach, FL 33447 City of Delray Beach 24 September 99 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mayor Alperin and City Commissioners: The Delray Beach Cultural Alliance is a consortium of 16 arts, culture and heritage organizations based in Delray Beach, including the City of Dekay Beach. We are currently pursing our charitable IRS 501 (c) (3) status from the federal government. The next step is to incorporate as a nonprofit organization with the State of Florida. The Articles of Incorporation require us to identify an organization to receive our assets, in the unlikely dissolution of the Alliance. We propose the following language: Article 2. Duration and Dissolution The duration of the corporation is perpetual. Upon dissolution of this corporation, the assets shall be vested with the City of Delray Beach. We seek your permission to list you as the successor for the Delray Beach Cultural Alliance. Attached are supporting materials to explain the mission and accomplishments of the Alliance to date. ,Id C. Nyhan, Ph.D. ent, Delray Beach Cultural Alliance Atte enments Attachment A Delray Beach Cultural Alliance Organization's Histor~ The Delray Beach Cultural Alliance was initiated on March 6, 1998. It is now a consortium of 16 not-for-profit art, cultural and heritage organizations including: City of Delray Beach Delray Art League Delray Beach Chorale Delray Beach Historical Society Delray Beach Public Library Delray Beach Playhouse EPOCH (Expanding and Preserving Our Cultural Heritage) Milagro Center Morikami Museum and Japanese Gardens Old School Square Cultural Arts Center Palm Beach County Regional Preservation Office, Florida Division of Historical Resourses Palm Beach Photographic Center Pineapple Grove Main Street Pine Grove Elementary School of the Arts Roots Cultural Festival Sandoway House Nature Center The Alliance is organized under the mission "To cooperatively strengthen art, culture and heritage in Delray Beach." It has adopted five specific goals: - To create a shared responsibility for arts and cultural activities tied to all levels of school and children's groups - To identify opportunities and challenges for coordination and communication among all cultural organizations - To enhance the historic character of the City - To develop opportunities for marketing, advertising and fund raising for art and culture actiyities - To increase presence of DBCA on Palm Beach County boards The Alliance meets on a regular basis, once a month to plan events and activities. We discuss cultural issues of mutual interest and benefit to the local community. Description of Activities The Delray Beach Cultural Alliance recently completed a summer instructional program specifically for "at-risk" children during the school recess beginning mid June to mid August, 1999. The program was an eight, one week (five day) sessions of instruction per day. The program provided structured instruction by professionally qualified individuals with "hands-on" participation for over 100 children. All Alliance partners were active participants in the administration or classroom instruction of the program. The program included instruction in: 1. Origami & Storytelling 2. Creative Drama 3. Puppet Making 4. Watercolor Painting 5. Singing for Musical Stage 6. History of Delray 7. Technical Theatre 8. Dance Program 9. Photography 10. Interactive Marine Program and Fishprinting Ongoing needs The Delray Beach Cultural Alliance is an all-volunteer organization. However, after 18 months operation it is clear that some part-time paid staffon necessary to provide continuity and administrative assistance in further program development. We hope to develop the administrative infrastructure to support our on-going programmatic needs within the next year. In particular we hope to develop several new cultural programs in 1999-2000 including: 1. Mentorship programs for elementary school children during and after school, 2. A summer concert series for children and families in underserved populations, 3. Cultural tours of Dekay Beach 4. Transportation to increase access for Delray citizens to attend art and cultural events 5. PC training courses 6. Grant writing courses To support these efforts we need to identify and secure funding. We are seeking funds from local grantors to finance an office, equipment and two part time (20 hours) employees for two years. We estimate the cost to be $50,000. We hope to grow our annual revenues to $300,000 within five years. Attachment B News coverage on the 1999 Summer program. May 10 Sun-Sentinel July 7 Sun-Sentinel July 15 Delray Times July 20 Palm Beach Post July 31 Palm Beach Post August 4 Sun-Sentinel youth summer of arts?.l By S/ARAH LUNDV Seven Delray Beach schools are ST^FF WRITE~ identifying 20 students each to take'.~ part in the program. The first of the DELRAY BEACH -- For a eightsessionsstartsonJune21. week, children will learn what goes The Community Foundation of on backstage when putting on a Palm Beach and Martin counties play. awarded the program $23,700 and. They'll use rhythm sticks to un- the Palm Beach County Cultural derstand the basics of music and be Council gave them a $7,740 grant taught choreographed dance to pay for materials and food. The moves, children will be fed breakfas[,:~'~; These are a few of the cultural ' lunch and snacks. , .... experiences 13 Delray Beach orga- The Delray Beach Art League., nizations will be offering as part of plans to introduce the students toil. the Heritage and Arts forAt-Risk- painting. Old School Square will Kids program sponsored by the teach them basic dance moves in Delray Beach Cultural Alliance. the morning and the technical as:.:' Each organization will take a pects of theater in the afternoonl: portion of the weeklong program The Delr~iy Beach Playhouse will" to give 160 at-risk students~a, ges 8 give them acting lessons while the to 12 a glimpse of the c~ltural DelrayBeachPublicLibrarywill. world that surrounds them. ~ explain puppet making. The Mori- "We are trying to show the kids kami Museum and Japanese Gar: who wouldn't otherwise have expo- dens will have a demonstration of sure to this kind of beauty in their origami, a paper-folding art, and lives," said Hugh Strachan, presi- the Delray Beach Chorale will dent of the Delray Beach Chorale, sent them with American folk mu- which is taking part in the event, sic. This is the first time the local or- Nyhan hopes the children finish'' ganizations, which make up the theprogramwithabetterapprecla- Delray Beach Cultural Alliance, tionofthedifferentkindsofart. joined forces for a collaboration "It would be worth it to spark this large, said Ron Nyhan, presi- some interest in some of the chil- dent of The Delray Beach Play- dren,i' he said. house and leader of the cultural al- liance. The alliance was created a year ago to help make the city a Sarah Lt~r:dy can be reached at stronger cultural presence in Palm slul:dy~sun-sentinel.com or BeachCounty. 561-243-6639. ,.~. /tO' q q SUMMER PLANS: HANGING OUT KEEPING KIDS BUSY: Orchard View Elementary School student ]ocl Aliancy, 9, swings from a stage rope as Brian Ridollb, technical director for the Crest Theatre at Old School Square, watches. Joel is participating in HAARK (Heritage Arts At-Risk Kids), a summer program presented by the Dch'ay Beach Cuhural Alliance. I-IAARK, which is cxpcclcd Io scrvc about 160 children, off, rs programs in art, theater, dance, culture, histo~7, music, Afi'ican drumn~ing, puppet making, marine science, ,'10 ~ Delray Times '. Ju, ly 15, .1999 'Who...sa . s summer is .' , for the.:formation 0[-,.;the ing us for having their kids in ' ' ' ~ '~ f[~ '-" "i Cultural/tdliance o~,er a year the program and asking ff .....: :...~.:. q q.; ago, st0ppe'.d'in ~0r a vLsit at they can come back next ~ '~ ~ " the end of the first week. year," she said. "HAARK" (Heritage Arts Alliance Presideht, Ron ~Skaggs says that feedback for At-Risk Kids), a new pr0- Nyhan, introduced him. from the children has been gram presented by the Delray Program Director, Sandra positive as well. "Just thi_~ Beach Cultural Alliance is Skaggs has been delighted morning, one little girl said now in its third of eight week- with the children's enthusi, she didn't think she wanted long sessions, asm and shared.some of the to come, but is so glad she did Delray Beach Mayor Jay feedback she has received, and can't wait to come back A.lperin, who was the catalyst "Parents have called thank- tomorroW!" ! The "HAARK" progr~m~ --_which is serving nearly 160 children this summer, offers a variety of experiences in art, theatre, dance, culture, histo- ry, music, Al!rican drumming, puppet making, marine sci- ence, origami and photogra- phy Each class, or segment, is taught by representatives from the Cultural Alliance member organizations. The Alliance members offering classes for the pro- gram include Delray Art League (clay & painting), Delray Beach Chorale (,~nerican folk music), Delra7 Beach Historical · Society. (Florida history), Delray Beach Playhouse (drama and '" ~.( ' ' .. "' singing for the musical stage) Delray Beach Public Library SUMMER ~,t. breakfast snacks and Yet to come are Morikami i(puppet making), EPOCH 'juice; classes run from 9 a.m. Park, Plumosa:; !alibi ~.!Spady [(African-American culture). Caflreg [mm'Page 10 · to 4 p.m., v,;ith a lunch break Elementary schdbl~, -" ~nd [ Fla. Division of Historical · ~: [ Resources (preservin~ telling), 'Old School Square ' that includes organized play Carver Middle SChool. ;. { Historic Delray), Morikami (dance and technical theatre), time outside (weather permit- The "HAARK" program _ Palm Beach. Photographic ting), was made Possible through Museum (origami sto~-- Centre (photography), Roots Participants for the free grants from the Palm Beach Cultural Festival (African program were selected County Cultural Council and drumming), and Sandoway through the Delray Beach Commun{ty Foundation for House Nature Center (creative Public Schools from grades 3 Palm Beach' and Martin "marine" t-shirts), to 6, with each school taking a Counties. · "HAARK' classes . take., week and referring up to 20 The Delray Beach Cultural place at Old School~Square 'in children. }~i:~:.' -'": :':, - Alliance was formed to COOl> th,e.. :crestiTh~atre' ~[i~d ;~class. ~,,hildr~i{j~tt~hdin~ week #1 eratively strengthen art,-'cul- ' rooms;!~..'~f,,liist~S~e ..g!nents ' w~.~f~]~J~'_'.~rl~'~r~reek ~{'~[t~herl~ge.in .the City mclu ',~ g o~t~i0f hts- -. ,lil e eek~ ne. The dayibeg.iii~:at 8:30 a.m., ~f3~~.'~eme~--~ ..- ...... . BOB SHANLEY/$taff Photographer Artist at practice DELRAY BEACH - Eleven:year-old Brian Kids program Monday. He is among 16 chil- McLaughlin tries his hand at watercolor dren attending the program at the Crest painting at the Heritage and Arts for At-Risk Theater at Old School Square this week. "; !.'. · : . ,~ spices up .summer n art'"br6g am for to participate in the first-ever · And itiSallfreb. Heritage Arts Program for at , HARRK runs eight separate at-risk kids teaches a Risk Kids (HARRK), at Old weeldong sessions. Twenty stu- variety of Crafts. School Square. They're eiperi- dents, from third to sixth grade, encing the cultural diversity of were selected by school admin- By Jennifer $orentrue classes such as African drum- istrators from Delray Beach's six, Palm BeachPostStaffWnter ming and Japanese origami -- elementary schools and Carver DELRAY BEAL.,. School the art o£ folding paper in the Middle School. The Program's,. is out for most 'ids in Palm shape of objects. . . . Schedule is repeated each week Beach County, but for nearly l60 I wmh this was school, said 6nd rotates from '~h'-ol'to~ · Delray Beach students ?qs sum- Genese Souverain, 10, a fourth-., ;chdOl, Carv6~ oeiad{~ ~n~'t~'i met includes a weeklong lesson grader at PlUmosa ,Elementary. ' .,' Z '-, t~,',,'~ 12:.,~: .,~ ...... ~i: ',Program gives.students taste of other cultures HARRK , , dance and technical theater, and · From lB . marine biology. · , HARRK students attend from two sessions. 9 a.m. to 4 ,. m. and get breakfast, "We wanted to put torether a lunch and a snack. Fees for in- program for children who might structors and me cost of materials ~'~t have this opportunity," said are paid with two grants totaling ~vselissa Carter, marketing direc- $31,440 5'om the Palm Beach · "~ for Old School 5quare, a his- County Cultural Council and the ~oric site in the heart of down- Community Foundation of Palm Beach and Mama counties.' WTI. The program is presented by Carter said the Cultural Alii- tim Delray Beach Cultural Alii- ance plans on sponsoring the ante, an organizalion of 14 program agaiu next year and groups. Each group sponsors its hopes to reach even more stu- own class related to its specific dents. specialty, such as photography. "The program has been a big Other classes include clay and . success," HARRK Director San- painting, American folk music,, dra Skaggs said. ,"We have had Florida history, ,drama. and sing-.__', child~n who cry at the end of the A cultural education At-risk students learn art, theater, dance, history and more in De[ray. By LINDA R~:EVF.$ SPECIAL TO THE SUN-SENTINEL The slow, stead.,,' drum beat filled the auditorium at Old School Square in Belray Beach as two young ~rls dressed in exotic costumes moved in §ync. They [ollowed a woman in an ornate headpiece and long Mrican dress, I " ' ~' 'x who danced to the almost hypnotic I ; :" rhythm pounding up from a small group of drummers in the comer. The audience was mesmerized by the performance, put on for a class of about 15 children fi'om Plumosa and blorikami Elementary schools in Delray Beach. ~: They are participants in the Heritage Arts for At-Risk Kids (l-L-k-Mtlx') program, which seeks to We about 160 at.risk students a glimpse of the cultural world aroundthem that they might not EDUCATION TOOL: Haro!d Bellinger, Stephen Bailey, Ryan Love, Brian McLaughlin, teacher Ndakhte othervdse see. and Jason Phillips participate at Old School Square in Oelray Beach in the HAARK program. Students are HA.M~,K is sponsored bythe taught the basics of African music, dancin[l and drumming by Ndakhte. Delray Beach Cultural Alliance, formed a year ago by Delray Beach . · Mayor Jay Alperin to bring the culture, history, music, puppet Square was led by Ndakhte, a Fort program. community's cultural making, marine science and Lauderdale-based dance instructor "I like to dance." organizations together to give the photography, and choreographer. It taught the Each class is taught by citya stronger cultural presence in "We wanted the program to be basics of African music, dancing representatives from the Cultural Palm Beach Count3'. free and we wanted it to reach 'kids and drumming, which the children Alliance. For example, the Pabn About a dozen alliance members that might not be able to go to learned was used for centuries to Beach Photographic Centre are participating in the HAARK summer camp, theater or other celebrate everything from healing teaches the children photography, program, with each taking a cultural events," said Melissa to child birth, the Delray Beach Art League segment of the summer-long Carter, alliance publicity chairman. "She told me I have a lot of teaches painting and the Deb'ay program to expose the children, "Every day the kids get to do rhythm," said Ashanti Blue, 10, a Beach Playhouse provides acting ages 8 to 12, to a variety ol'hands- something new." lvlorikami student from Delray lessons. -. on classes in art, theater, dance, The dance class at Old School Beach participating in the [] CULTURE continues on 4 ·;: .' · .,: · . .... :.~.'~.' . At-risk students learning cttlmre and food. The students are given COFITINUEO FROM PAGE 3 breakfast, lunch and snacks. Seven Delray Beach schools were asked to select 20 students each to take The Defray Beach Historical part in the program. Society teaches the city's past and HAARK is only in its first year , includes a walking tour of historic and according to organizers, it :i. sites. They stroll through town seems it will be a success. "Parents ,. escorted by a member of the city's have called thanking us for having · Police Department. their kids in the program," said "We teach them how imporlarit Sandra Skaggs, HAARK program it is to preserve the past and hope director. ~They ask if they can ,." ' that it will make an impact on come back next year." them,' said Dottle Patterson, Ditto from the children. archivist for the Deiray Beach "My week was exciting,~ said :' Historical Society. Stephen Bailey, 9, a Morikami HAARK is funded by the Palm student from Defray Beach. ~I liked Beach County Cultural Council and everything, but I liked taking the Community Foundation of photos the best. I want to be a Palm Beach and Martin counties, photographer. I hope I can learn The two organizations provided more.' Attachment C Articles of Incorporation SUBJECT: MEETING OF OCTOBER 5, 1999 CONDITIONAL USE MODIFICATION REQUEST FOR THE SUNDY INN. The subject property is located on the south side of S.W. 1st Street, between S. Swinton Avenue and S.W. 1st Avenue, with a parking area at the northeast corner of S.W. 1st Street and S.W. 1st Avenue, within the Old School Square Historic Arts District. At its meeting of March 3, 1998, the City Commission approved a conditional use request for the Sundy Inn to establish a 23-unit residential-type inn and outdoor dining areas, subject to conditions. The current development proposal is to modify the approved conditional use by expanding the land area to a lot at the southeast corner of the property and increasing the number of guest rooms from 23 to 29. A detailed description of the development proposal, additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. The Planning and Zoning Board considered the request at a public hearing on September 27, 1999. There was no public testimony regarding the proposal. After discussing the request, the Board voted 7-0 to recommend to the City Commission approval of the Conditional Use Modification request for Sundy Inn based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That a site plan application be processed pursuant to Section 2.4.3 of the Land Development Regulations; 2. That at least 40% of the guest units be suites; 3. That prior to issuance of a building permit, a Declaration of Unity of Title combining Lot 11, Block 62, Town of Linton, with the balance of the Sundy Inn properties be recorded; and 4. That prior to issuance of a building permit, an off-site parking agreement be executed to utilize 16 spaces of the 20-space parking lot on Lots 20-22, Block 70, Town of Linton. By motion, approve the Conditional Use Modification request for the Sundy Inn based upon to the findings and conditions as recommended by the Planning and Zoning Board. Attachment: r~ P & Z Staff Report and Documentation of September 27, 1999 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 27, 1999 AGENDA ITEM: W.D. ITEM: Conditional Use Modification Associated with the Addition of Six (6) Guest Suites at the Sundy Estates Residential Inn, Located at the Southwest Corner of S. Swinton Avenue and S.W. 1st Street. N.W. 2ND ST. N.£. 2NB ST. G E N ERA L DATA: Co~'~'U~'TV __ CENTER Owner/Applicant ............... Sundy Estate L.C., Inc. oL __ Agent ................................ Balfoort Finnvold Architecture, Inc. ATLANTIC AVENUE Location ............................ Southwest corner of S. Swinton Avenue and S.W. 1st Street ~ ~ ~ ~'~ E~ Property Size .................... 2.11 Acres Future Land Use Map ....... Mixed Use Current Zoning .................. OSSHAD (Old School Square Historic Arts District) Adjacent Zoning ....... North: OSSHAD South: CF (Community Facilities) West: RM (Multiple Family Residential- Medium Density) & CF Existing Land Use ............. Restaurant and Residential Inn Proposed Land Use .......... Conditional Use Modification to allow i S.w 2N0 ST. S.¢'. 2ND ST. an existing residential inn. Water Service ................... Existing on-site. Sewer Service ................... Existing on-site. VI.D. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use Modification request and attendant sketch plan for Sundy Inn. The subject property is located on the south side of S.W. 1st Street, between S. Swinton Avenue and S.W. 1St Avenue, with a parking area at the northeast corner of S.W. Ist Street and S.W. 1st Avenue, within the Old School Square Historic District. The subject property consists of a Lots 1-3, Sundy Estates Plat (1.435 acres), Lots 9 and 10, Block 61, Town of Linton (0.45 acres), and Lot 11, Block 62, Town of Linton (0.24 acres) totaling 2.12 acres. The proposal also involves an off site parking area to be located on Lots 20-22, Block 70, Town of Linton (10 SE 1st Street). Sundy Inn/Restaurant Site (1.88 acres) In 1998, a conditional use request was processed to establish a 23-guest room residential type inn, and a restaurant with outdoor dining, which incorporated the following: [] Conversion of the two existing apartment structures to accommodate a total of 14 guest rooms; Utilization of the existing single family residence as an inn unit; Construction of a 2-story 8-guest room structure Construction of building additions and outside dining areas to accommodate a total of 7,302 sq.ft, of restaurant area, Installation of botanical gardens with a pond, [] Installation of 29 on-site spaces, including 23-space asphalt parking lot at the south end of the development, [] Installation of a swimming pool on the south side of the pond with a waterfall; Installation of a 6' high c.b.s, wall along the perimeter of the site, except within the front yard facing Swinton Avenue, with electronic gates provided at the parking and service courtyard areas; and, ~ Construction of a 42-space parking area at the northeast corner of SW 1st Avenue and SW 1st Street, preservation of the existing cottage at the northeast corner of the property to be utilized for storage and a night watchman. At its meeting of March 3, 1998, the City Commission approved the conditional use request for the Sundy Inn, subject to the following conditions: 1. That the outdoor dining area at the northeast corner of the site close by 11:00 P.M.; 2. The floor plan for the first floor suite in the proposed 8-unit structure must be redesigned to eliminate the potential for 2 leasable guest reoms; and, 3. That at least 40% of the guest units be suites. P & z Board Staff Report Sundy Inn - Conditional Use Modification Page 2 The HPB (Historic Preservation Board) approved the site plan on March 18, 1998. In addition, numerous site plan modifications have been approved for the site. The most significant relates to changing the 8 unit building at the northwest corner of the site to 4 guest suites with 4 garage spaces on the first floor, conversion of the guest cottage at the northeast corner of the 42-space parking lot to a guest unit, and replacement of the 6-unit apartment building on the west side of the property to 6 hotel units. The total number of guest rooms/suites approved to date is twenty-three (23). Modifications also included increasing the outdoor dining area interior to the site to provide a total of 8,115 sq.ft, of restaurant floor area. The restaurant component and botantical gardens have been completed. The 42-space parking area north of the restaurant and the 2 spaces in front of the restaurant have been completed. The improvements associated with the 4-unit building at the northwest corner of the site have been completed, and improvements to the one unit building to the south are under construction. The residential inn itself is not yet operational. Lot 11, Block 62, Town of Linton {0.24 acres) This property was purchased last year from St. Paul's Episcopal Church and contained an historic house constructed in 1940. In December, 1998, the Historic Preservation Board approved relocation of the existing historic structure to 275 N. Swinton Avenue. The reason for the relocation was to accommodate expansion of the residence inn at a later date. An application was submitted to construct a temporary valet parking lot on the property until the residential inn component was expanded. Site plan approval was not obtained however, the property has been used for parking. 10 SE ,~st Street (Lots 20-22, Block 70, Town of Linton) On May 12, 1999, the Historic Preservation Board approved a site plan to construct a 20-space parking lot associated with the conversion of an historic structure to retail/offices. A building permit application has been submitted to construct the parking lot. A Conditional Use Modification request has been submitted to expand the residential inn development onto Lot 11 and is now before the Board for action. The proposal is to expand the residential inn component from 23 to 29 rooms/suites by incorporating Lot 11, Block 62, Town of Linton. The project is two phased and incorporates the following: Phase I: ~ Replacement of the proposed 23-space asphalt parking lot at the south end of the site with a 3-story 10-guest room structure with a 15 space subgrade parking area; r~ Construction of 2 stand-alone hotel units interior to the existing site; P & Z Board Staff Report Sundy Inn - Conditional Use Modification Page 3 ~ Provision of four units in the building at the northwest corner of the site, one (1) unit in the one-story guest cottage on the west side of the property, construction of a two- story 6-unit structure on the west side of the site; ~ Execution of an off-site parking agreement to utilize 16 spaces of the 20-space parking lot proposed at the southeast corner of S. Swinton Avenue and S.E. Ist Street. Phase Ih ~ Construction of five (5) 400 sq. ft. hotel rooms in separate buildings/bungalows and a 300 sq.ft, greenhouse on the expanded portion of the site (Lot 11). CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information 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 consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. With the Conditional Use approval of March 3, 1998, to establish the residential type inn and outdoor dining areas associated with the restaurant, positive findings were made with respect to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. The proposal expands the use onto the parcel south of the existing restaurant which was excluded from the original conditional use approval. The residential-type inn component is a two-phased project involving the installation of an additional 6 guest units. Twenty- two (24) are included in Phase I, and another five (5) will be added in Phase I1. Thus, the proposal is being processed similar to a new Conditional Use and is therefore subject to LDR Section 2.4.5(E)(5) (Required Findings). The following is provided with regard to the proposed conditional use modification request. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Mixed Use Future Land Use Map designation and an OSSHAD (Old School Square Historic Arts District) zoning designation. The OSSHAD zoning district is consistent with the Mixed Use FLUM designation. Pursuant to LDR Section 4.4.24(D)(3), within the OSSHAD, outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant is allowed as a P & z Board Staff Report Sundy Inn - Conditional Use Modification Page 4 conditional use. Also, LDR Section 4.4.24(D)(6) states that residential type inns not to exceed more than 18 individually leased suites or rooms per acre, is allowed as a conditional use. The site contains a total of 2.12 acres and the proposal will provide a total of 29 guest units which represents a density of 13.67 units per acre. Based upon the above, a positive finding with respect to consistency with the Future Land Use Map can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: No preliminary water and sewer plans have been submitted, however, the following is noted: Water service will be provided via service lateral connections to an existing 10" water main within Swinton Avenue and an existing 8" main within SW 1st Avenue. Adequate fire suppression is provided via existing fire hydrants within the area (southeast corner of S. Swinton Avenue and S.E. 1st Street, northeast corner of S.W. 1st Avenue and S.W. 2nd Street, and northeast corner of S.W. 1st Street and S.W. 2nd Avenue.), and a proposed hydrant at the southeast corner of the development. Sewer service exists via service lateral connections to an existing 8" sanitary sewer main located on-site within the portion of the previously abandoned north/south alley. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Draina.qe: Paving and drainage plans are not required with a conditional use request, however the plans have been provided. The plans indicate that the drainage will be retained on site via an exfiltration system and landscaped areas. At this time, there are no problems anticipated complying with South Florida Water Management District or Lake Worth Drainage District requirements. Streets and Traffic: A traffic analysis has been prepared indicating that the increase from 23 to 29 units will generate 64 new trips per day. The subject property is located within the TCEA (Traffic Concurrency Exception Area), which encompasses the CBD (Central Business District), OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue P & z Board Staff Report Sundy Inn - Conditional Use Modification Page 5 Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: The 6 additional suites will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit or hotel room shall be collected prior to issuance of building permits for each unit. Solid Waste: Trash generated each year by the 6 additional guest rooms (2,726 sq.ft, total) will generate 4.7 pounds per square foot per year or 6.4 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)($) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by the following zoning districts: to the north and east is zoned OSSHAD; to the south is zoned CF (Community Facilities); to the west is zoned CF and RM (Medium Density Residential). The surrounding land uses are: to the north and east are single family residences; to the south is St. Paul's Episcopal Church; and, to the west are single family residences, duplexes, a community residential home (The Lighthouse), and vacant land. Compatibility of the proposed residential type inn with the proposed adjacent properties is not a major concern. The proposed 3-story 10-unit structure will be located at the south end of the property will have ground level parking with an overall height of 34'. To the south is the St. Paul's Episcopal Church parking lot which has existing landscaping. Extensive landscaping is also proposed as part of this development. P & z Board Staff Report Sundy Inn - Conditional Use Modification Page 6 The proposed use will help fulfill the need for accommodations for tourists within close proximity to the City's central business district. This proposal will significantly upgrade one of the City's most historically significant structures/property and will help stabilize the surrounding neighborhood. The upgrading of the site will enhance rather than depreciate property values in the area, and may be an inducement for the upgrading of nearby properties. The proposal retains the residential character that is sought with developments within the OSSHAD zone district. As the intent of the OSSHAD zone district is to promote mixed uses, a positive finding of compatibility can be made. COMPREHENSIVE PLAN POLICIES A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy are noted. Housin.q Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housin.q Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. While the existing zoning of the property (OSSHAD) encourages a mix of uses (commercial, office, residential) the residential zoning district to the west (RM) is primarily a residential zoning district. The proposal is to expand a previously approved residential type inn and associated restaurant on a property located adjacent to an existing church and along a City collector. The majority of the traffic associated with the development will continue to enter and exit the site from Swinton Avenue and will not spill over to the residential area to the west. The development proposal will result in significant upgrades to the site which will help stabilize and enhance the adjacent residential areas. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. Along with the Conditional Use request, a site plan application has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, technical items were identified and transmitted to the applicant. The following analysis is provided as it pertains to the conditional use requests. P & Z Board Staff Report Sundy Inn - Conditional Use Modification Page 7 LDR Section 4.3.3(X)Residential Inns: Residential type inns shall be subject to the following provisions, limitations, and restrictions: 1) The use must be located with frontage on, or access from, at least one arterial or collector street as delineated on the City's Transportation Element; 2) The use must be located in proximity to office, industrial, or commercial uses; Positive findings with respect to the above requirements were previously made with the Conditional Use approval in 1998. The proposed use has frontage on Swinton Avenue which is a City collector and is delineated as such in the City's Transportation Element of the Comprehensive Plan. The proposed use is located within 600' of Atlantic Avenue and 300' of the City's Central Business District, which contain commercial and office type uses. 3) The minimum floor area per suite shall be 450 square feet; With the original Conditional Use approval, 40% of the units were to be suites. Of the 29 guest rooms that are included in the current proposal, 14 will be suites with square footage as follows: 2 @ 1,695 sq.ft.; 2 @ 675 sq.ft.; 8 @ 586 sq.ft.; and 2 @ 560 sq.ft. The balance of the units (15 units) will be hotel rooms which require a minimum floor area of 325 sq.ft. [ref. LDR Section 4.3.3(M)(1)]. Based upon the above, 48% of the units will be suites. A condition of approval remains that the 40% of the guest units be suites. 4) Accessory uses may include: recreational facilities i.e. swimming pool, whirlpool, jacuzzi, steam room, tennis courts; meeting rooms; complimentary room service; and other nonresidential uses as permitted within the respective zoning district. The proposal includes a swimming pool, laundry facilities and a restaurant, which is permitted in the OSSHAD zoning district. 5) Parking shall be provided pursuant to Section 4.6.9(C)(7)(e). As the subject property is located within the OSSHAD, parking must be provided pursuant to LDR Section 4.4.24(G)(4), which is discussed below. LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD): LDR Section 4.4.24(G)(4)(b) and (c) (Parkin_cl Requirements), states that restaurants shall provide six (6) spaces per one thousand square feet of total new or existing floor area being converted to restaurant use, residential type inns shall provide one (1) parking space for each guest room/unit, and any other nonresidential floor area requires one (1) space per every 300 sq. ff. P & Z Board Staff Report Sundy Inn - Conditional Use Modification Page 8 Based upon the above the 8,115 sq.ft, of restaurant area requires 49 spaces, the proposed 29 guest rooms require 29 parking spaces (1 space per guest room), and the 300 sq.ft, greenhouse requires I parking space, for a total of 79 parking spaces. The proposal provides 63 on-site spaces. As the required parking has not been met, the proposal includes execution of an off-site parking agreement with the property at the southeast corner of S. Swinton Avenue and SE 1st Street (currently under same ownership), to utilize 16 spaces of a proposed 20 space parking lot. Execution of the off-site parking agreement is attached as a condition of approval. LDR Section 4.4.24(H) (OSSHAD - Special District Regulations): Pursuant to LDR Section 4.4.24(H){3), residential type inns shall create a transitional or buffer area between residential uses and nonresidential uses (such as office, commercial, etc.) which are either on or near the subject property. Utilizing the existing site design, the leasable units will be oriented so that they create a buffer between the residential properties to the west and the restaurant at the northeast corner of the site. With regard to the residences to the north and east, they are located within the OSSHAD which promotes mixed uses. Pursuant to LDR Section 4.4.24{H)(4), a residential inn shall be associated with an historic structure and must be residential in design, scale and character. The existing structures at the northwest corner of the site are historically significant. The proposed structures south and east of the existing structures are to have the same residential design, scale and character. This item will be further addressed with the site plan. Declaration of Unity of Title: The development proposal incorporates Lot 11 and includes improvements across property lines. As the properties will be under one ownership and function as one development, it is appropriate to combine the properties through a Declaration of Unity of Title, which must be recorded prior to issuance of a building permit. This item has been attached as a condition of approval. The development is not within a geographical area requiring review by the DDA (Downtown Development Authority). Community Redevelopment Agency: At its meeting of September 2, 1999, the Community Redevelopment Agency (CRA) reviewed and recommended approval of the conditional use request. P & Z Board Staff Report Sundy Inn - Conditional Use Modification Page 9 Historic Preservation Board: At its meeting of September 1, 1999, the Historic Preservation Board (HPB) recommended approval of the conditional use modification for the Sundy Inn. If Conditional Use approval is granted, final action on the site plan submittal will rest with the HPB. The site plan must accommodate concerns raised through the conditional use analysis, and technical items that have been previously transmitted to the applicant. Courtesy and Neighborhood Notices: A courtesy notice has been provided to the Old School Square Homeowner's Association. Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use modification is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5)(Required Findings). There must be a minimum 40% of the guest rooms designed as suites. The proposed use will help fulfill the need for accommodations for tourists within close proximity to the City's central business district. The proposal will enhance property values in the area, and may be an inducement for the upgrading of nearby properties. 1. Continue with direction. 2. Recommend approval of the Conditional Use Modification request for Sundy Inn based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the Conditional Use Modification request for Sundy Inn based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and policies of the Comprehensive Plan, of the proposed use with adjacent land uses. Recommend to the City Commission approval of the Conditional Use Modification request for Sundy Inn based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: P & Z Board Staff Report Sundy Inn - Conditional Use Modification Page 10 1. That a site plan application be processed pursuant to Section 2.4.3 of the Land Development Regulations; 2. That at least 40% of the guest units be suites; 3. That prior to issuance of a building permit, a Declaration of Unity of Title combining Lot 11, Block 62, Town of Linton, with the balance of the Sundy Inn properties be recorded; and 4. That prior to issuance of a building permit, an off-site parking agreement be executed to utilize 16 spaces of the 20-space parking lot on Lots 20-22, Block 70, Town of Linton. Attachments: [~ Sketch/Site Plan r3 Floor Plan s:planning/P&Z/Sundylnn 0 ~ 3 n N 3^ ¥ ~. S ~ i ~i I $ 3 ~ N i n 0 ~ ~ ,~ ~ ~.~* - ...................... ;--~--~7.~T; ........................ TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING J ) FROM: J/~NET MEEKS, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 5, 1999 CONDITIONAL USE REQUEST TO ESTABLISH A MONUMENT AND ORNAMENTAL STONE CASTING BUSINESS FOR SAMARO STONE AND DESIGN, INC. TO BE LOCATED ON THE WEST SIDE OF NW 18'" AVENUE, APPROXIMATELY 300' NORTH OF MARTY FLADELL DRIVE A Conditional Use request is sought to establish an ornamental cast concrete and stone business for Samaro Stone and Design, Inc. The development proposal is to occupy an existing 2,856 sq.ft. structure to include 1,000 sq.ft, of storage, 1,244 sq.ft, of casting and cutting area, 612 sq.ft, of office area, and 352 sq.ft, patio that is to be utilized for an additional work area. Further, 8 parking spaces to be installed to the rear of the structure and installation of landscaping throughout the site. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. I At its meeting of September 27, 1999, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the Conditional Use request. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend approval of the Conditional Use request to establish a monument and ornamental stone cutting business for Samaro Stone and Design, Inc, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following revised conditions of approval: 1. That the site plan be in general conformity to the sketch plan and incorporate recommendations made in the staff report and the recommendation by theP&Z Board to locate all the parking to the rear of the structure. 2. That a hold harmless and landscape maintenance agreement be executed for the landscaping to be installed in the right-of-way. 3.That the driveway width in front of the building not be increased. By motion, approve the Conditional Use request to establish a monument and ornamental stone casting business for Samaro Stone and Design, Inc based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: P& Z Staff Report and Documentation of September 27, 1999 PLANNImG AND ZONING BOARD CITY OF DELl Y BEACH ---STAFF REPORT--- MEETING DATE: September 27, 1999 AGENDA ITEM: vl.c. ITEM: Conditional Use Request to Allow the Establishment of a Monument and Ornamental Stone Cutting Business for Samaro Stone and Design, Inc.. Located on the North Side of N.W. 18th Avenue, Approximately 300 Feet North of Marty Fladell Drive (N.W. 1st Street). CONGRESS A V~N[,E NOLAND AUTO CENTER GENERAL DATA: Z Owner ........................................ Lawrence A. Zuccala > Applicant .................................... Samaro Stone & Design, Inc. ' < Agent .......................................... James A. Samaro ~ Location ...................................... North side of N.W. 18th Avenue, i approximately 300 feet north of Marty Fladell Drive (N.W. 1st i _ Street). ~^L~ Property Size .............................. 0.398 Acre Future Land Use Designation... Commerce Current Zoning ............................ MIC (Mixed Industrial & .... . _.-_ Commercial) Adjacent Zoning ................ North: MID ~ East: MIC South: MIC = ~o~,. West: MIC c~ co~,~. Z ~ARK OF Existing Land Use ...................... Ornamental stone cutting and o ~'~'~'~ design u Proposed Land Use .................... Conditional use request to allow the establishment of an ornamental stone cutting and - design business with operating t~ / hours generally between 7:00 a.m.~~'~ to 5:30 p.m. ~'~ Water Service ............................. Existing on site Sewer Service ............................. Existing on site CON,5=-i-iS N -~ / ALL VI.C. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a monument and ornamental stone cutting business for Samaro Stone and Design, Inc. pursuant to LDR Section 2.4.5(E). The subject property is located on the west side of NW 18th Avenue, approximately 300' north of Marty Fladell Drive and is the former site of Zuccala Towing Service. The property is an unplatted parcel of land containing 0.397 acres and contains a 2,856 sq.ft, structure that was built in 1958. The western two-thirds of the site was annexed via Ordinance 126-88 as part of Enclave 63 and given an initial zoning of MI (Medium Industrial). The parcel was zoned MI until it was rezoned to MIC (Mixed Industrial & Commercial) with the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. Zuccala Towing Service occupied the site until last year and is now leasing the site to Samaro Stone & Design, Inc. Samaro Stone & Design, Inc., was cited by Code Enforcement in 1998 for occupying the site prior to obtaining appropriate development approvals. Samaro Stone & Design, inc. is a business specializing in ornamental cast concrete/stone, which is not listed as an allowable use in the MIC zone district. As the use was not specifically listed within the MIC zone district but had similar characteristics as a monumental and stone cutting business, a Determination of Similarity of Use was processed. At its meeting of November 16, 1998, the Planning and Zoning Board determined that Samaro Stone & Design, Inc. is similar to a monument and ornamental stone cutting business which is allowed a Conditional Use in the MIC zone district and is the action now before the Board. The site currently contains: a 2,856 sq.ft, structure and 352 sq.ft, covered patio; a circular driveway located along NW 18th Avenue with a 16' wide driveway situated along the south side of the structure that accesses the rear of the property; a concrete pad and open gravel area (rear of property); and chain link fence with fabric screening along the north, south and west property lines. The sketch plan indicates the following improvements to the site: · The interior space of the building is to be subdivided to include 1,000 sq.ft, of storage area, 1,244 sq.ft, of casting and cutting area, and 612 sq.ft, of office area. The 352 sq.ft, patio is to be utilized for an additional work area; Planning and Zoning Board C*aff Report Conditional Use Approval, ,maro Stone Cutting Page 2 · Addition of 2 parallel parking s~aces in front of the building and an 8 space parking lot (1 handicap space) to be located in the rear of the property; · Addition of a 10' landscape buffer along the north and west property lines adjacent to the outside storage area, and a 5' landscape buffer along the south property line adjacent to the parking area; and · Addition of two aggregate storage bins (north end) and dumpster to the rear of the structure. The applicant has submitted the following narrative, which describes the operation: "Samaro Stone does om.~mental stone cutting and design, working with architects, designers and builders to design and create architectural ornamental stone. We have 10 employees with operating hours from 7:00 a.m. to 5:30 p.m., with some overtime as needed. Designing and creating ornamental stone consists of drawing designs, using clay and plaster to create models, making molds using plaster or non-toxic rubber, and using a "dry mix" of concrete to create the pieces. Any cU::.4ng or shaping is done and the piece is ready for delivery". In addition, the owner of the business provided the following narrative with the Similarity of Use Determination as to what the yard situated behind the building would contain: · Materials: Portland cement pallets (brought into the warehouse each night), and pearock containers · Equipment: 1 - 16' long fat bed truck 1 - forklift 1 - cement mixer and catch basin with pump 1 - dumpster (rented and dumped regularly) · Stock: Staging area/pieces for shipping stored on pallets ready for delivery · Employee parking Ii REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, ce~in findings must be made in a form which is pa~ of the official record. This may be achieved through information on the application, the staff repo~, or minutes. Findings shall be made by the body which has the authori~ to approve or deny the development application. These findings relate to the following four areas. Planning and Zoning Board-qtaff Report Conditional Use Approval. maro Stone Cutting Page 3 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CMR (Commerce) and a zoning designation of MIC (Mixed Industrial & Commercial). The zoning district is consistent with the CMR Future Land Use Map designation and "monument and ornamental stone cutting" is listed as a Conditional Use in the district [LDR Section 4.4.19 (D)(2)(d)]. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: To date no water and sewer plans have been submitted, however, water is provided to the site via an 8" main located along the west side of NW 18TM Avenue and sanitary waste disposal is accommodated by a septic tank system. As the site is not located within 200' of sanitary sewer main it will not be required to connect to the sanitary sewer system [REF: 6.1.1 I(A)]. The location of the septic field will need to be indicated on the site plan to insure that no conflicts occur with the proposed location of the parking lot. There should be little or no demand on this level of service. Drainage: Paving and drainage plans are not required for the conditional use analysis. It is anticipated that drainage will be accommodated via sheet flow to pervious areas and/or the installation of exfiltration trench system. Based on the above, there should be little or no impact with respect to drainage. Therefore, positive findings with respect to this level of service standard can be made. If the conditional use request is approved, a paving and drainage plan must be provided with submittal of the site plan. Streets and Traffic: A traffic impact statement was submitted, and indicates that the previous office use generated 26 ADT and the proposed light industrial use will generate 21 trips. Therefore, a decrease in 5 ADT will be realized by this development proposal. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Planning and Zoning Board..gtaff Report Conditional Use Approval- maro Stone Cutting Page 4 Solid Waste: The 3,208 sq.ft of industrial use will generate 7.5 tons of solid waste per year [3,208 sq.ft, x 4.7 Ibs./sq.ft./year = 15,077/2000 = 7.5 tons]. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)($) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The site is surrounded by MIC (Mixed Industrial and Commercial) zoning and industrial uses. There are no compatibility concerns noted with the development proposal given its location in a heavy industrial area. The installation of on-site parking will eliminate the need for employees to park in the adjacent right-of-way. The provision of perimeter landscape buffers including the installation of trees and hedge material will screen the outdoor storage component, which is currently visible from adjacent properties. The proposed upgrades to the site will be a great improvement over the existing conditions. Based on the above, the proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following "Items of Concern" have been identified. Planning and Zoning Board Staff Report Conditional Use Approval - Samaro Stone Cutting Page 5 Work in the Right-of-Way: The 3,208 square building requires 8 parking spaces. Six (6) of the parking spaces are to be provided in the rear of the site and 2 parallel parking spaces are to be located in the front of the building. This necessitates a portion of the drive aisle to be located within the right-of-way. Further the required landscaping to screen the vehicular use area will also be located in the right-of-way. Given the desire to provide sufficient on- site parking spaces to accommodate the employee demand, staff supports this configuration. A landscape maintenance agreement must be executed to allow the landscaping to be installed within the NE 18th Avenue right-of-way. A Hold Harmless Agreement must be executed to allow the drive aisle and landscaping to encroach into the NE 18th Avenue right-of-way. These items have been attached as conditions of approval. Dumpster Location: The sketch plan indicates that the dumpster is to be placed in the center of the site to the rear of the building and does not appear to be contained within an enclosure. The dumpster should be relocated to the end of the parking row (adjacent to the terminal landscape island) for easier accessibility. Installation of Sidewalks: Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required within the right-of- way adjacent to the property. No sidewalks currently exist along NW 18th Avenue. Pursuant to Section 6.1.3(D)(2), where it is clear that the sidewalk system will not serve its intended purpose the requirement for the sidewalk may be waived during site plan or plat approval. As no sidewalks exists along NW 18th Avenue it would be appropriate to defer the installation of the sidewalk until such time that sidewalks are installed throughout the area. This item can further be addressed with the site plan. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan modification submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Planning and Zoning Board Staff Report Conditional Use Approval ~maro Stone Cutting Page 6 Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to PROD and Presidents Council. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use is the establishment of a monument and stone cutting business for Samaro Stone and Design, Inc. The sketch plan indicates that the outdoor storage component will be adequately screened from adjacent properties and sufficient parking will be provided to meet the employee demand. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. A. Continue with direction and concurrence. B. Recommend approval of the request for Conditional Use approval for Samaro Stone and Design, Inc., based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use approval for Samaro Stone and Design, Inc., based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the request for Conditional Use to establish a monument and ornamental stone cutting business for Samaro Stone and Design, Inc., based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: : Planning and Zoning Board qtaff Report Conditional Use Approval- maro Stone Cutting Page 7 1. That the site plan be in general conformity to the sketch plan and incorporate recommendations made in this report. 2. That a landscape maintenance agreement be executed for landscaping installed in the right-of-way. 3. That a hold harmless agreement be executed for landscaping and the driveway to be installed in the right-of-way. 4. That the dumpster be relocated to the end of the parking row and be contained within a dumpster enclosure. Attachments: · Sketch Plan P&Z:Samaro TO: DAVID T. HARDEN, CITY MANAGER FROM= DIANE DOMINGUEZ, PLANNING AND SUBJECT: MEETING OF OCTOBER 5, 1999 PROPOSAL TO SUBDIVIDE PROPERTY LOCATED AT 704 N. SWINTON AVENUE AND CREATE TWO NONCONFORMING LOTS A request has been received from Dan Rosenblatt to subdivide the property located at 704 N. Swinton Avenue in order to create two lots and construct a second single family home. Mr. Rosenblatt has the property under contract, and his purchase is contingent upon the approval of this request. There is an historically significant single family residence located on the lot. It was constructed in 1924 in the Mediterranean Revival style and was the first commission executed in the City by Samuel Ogren Sr. After the completion of the residence, Ogren was asked to become the City's first architect. He subsequently designed the Delray High School and Gymnasium, which are listed in the National Register. Sam Ogren was the City's first registered, and most prolific, architect. He designed many of Delray's landmark structures, including the Arcade Tap Room and the Marine Villas. The house at 704 N. Swinton is currently not designated as historic and therefore has no protection or official historic status. Previous attempts to gain owner's consent to designate it to the Local Register of Historic Places have failed. Mr. Rosenblatt proposes to individually list the property on the Local Register, if approval of the subdivision is granted. The existing lot has 134' frontage on N. Swinton Avenue and is 145' deep for a total of 19,430 sq. ft. The attached survey indicates the manner in which the lots are to be subdivided. The property is located in the R-l-AA (Single Family Residential) zoning district. The minimum development standards for the R-l-AA district, and the size and dimensions of the proposed lots are as follows: R-I-AA Minimum Approximate Dimensions Development Standards of Proposed Lots Lot size (area): 9,500 sq. ft. 8,030 sq. ft. Lot width: 75' 67' Lot depth: 100' 127' (after right-of-way dedication for Swinton) As indicated above, each lot would have a width of approximately 67', which is 8' less than the minimum required. In addition, there is currently only 18' of right-of-way west of the centerline of Swinton Avenue. The sidewalk and a portion of the swale are located within the subject lot. With the platting of this property into 2 lots, an additional 15' of right-of-way must be dedicated. Once that occurs, each lot will be approximately 8,030 sq. ft. in size, which is about 15% smaller than the minimum required. Therefore, if the existing lot is evenly subdivided as proposed, two City Commission Documentation Subdivision of 704 N. Swinton Page 2 lots will have been created that are nonconforming with respect to minimum size and width. The new lot will be sufficient in size to construct a house that will meet all setback requirements. Pursuant to LDR Section 4.3.1 (D), Application of District Regulations: "No yard or lot existing at the time of the passage of this chapter, shall be reduced in area or dimensions below the minimum requirements set forth herein. Lots or yards created after the effective date of this chapter shall meet the minimum requirements established by this chapter unless the City Commission dec/ares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity.' The vast majority of the lots on the west side of N. Swinton meet or exceed the R-l-AA zoning district standards. However, the lot immediately to the south of the subject property is only 66' wide and has a lot area of 8,382 sq. ft., which is comparable to the size of the lots being proposed. In addition, there are several single family homes on the east side of Swinton, just south of the subject property, which have been built on lots that are approximately 60' wide. It is also noted that a similar proposal to allow the creation of a nonconforming lot at Swinton and NE 12th Street was approved in 1996, to facilitate the relocation of an historic beachfront house that was in danger of being demolished. The house at 704 N. Swinton certainly qualifies for designation on the Local Register. This would confer historic status and help protect the house from inappropriate alterations or demolition, and would assure design review by the HPB for the new structure to be built to the north. If the subdivision is approved, Mr. Rosenblatt will build a 2-story single family home similar in architectural character to the existing house. The Historic Preservation Board reviewed the subdivision proposal at its meeting of September 1st, 1999, and unanimously recommended approval subject to the house and property being listed on the Local Register of Historic Places. By motion, approve the application to create 2 nonconforming lots as proposed at 704 N. Swinton Avenue based upon a finding that it is necessary and appropriate, subject to the following conditions: · That a subdivision plat be processed and recorded; and · That prior to the issuance of a building permit for the construction of a house on the northernmost lot, the existing Sam Ogren house and both lots be designated and listed on the Local Register of Historic Places. Attachments: · Location map · Letter of request · Survey illustrating the proposed subdivision · Photos of existing Sam Ogren home · Site plan and elevations of proposed new home s:planning/CC/704NSwintonSubdivision N.E. lOTH N.E. 9TH N.W. 9TH ST. BUSH BOULEVARD N.W. 7TH ST. ~ N,W F H 51. LAKE TERR. N.W. 6TH ST. , N,E. 6TH ST. ~ N.E. 5TH TERR. WOOD LANE ~ ~-' KINGS LYNN N.E. 5TH CT. TI?IN~ TY N.E. 5TH ST. LUTHERAN I LAKE IDA ROAD N.E. 4TH ST. ~ 704 N. SWINTON AVENUE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT --- DIG/I'AL ~,,4SE Ii~P S)"'~F£M -- MAP REF: LM217 Daniel E. Rosenblatt 10 NE 7th Street Delray Beach, Florida Via: Hand Delivery September 29, 1999 Ms. Diane Dominguez City Planner City of Delray Beach Delray Beach, Florida RE: Petition to subdivide the property ~ 704 N. Swinton Avenue. Dear Ms. Dominguez I have a contract to purchase the property located at 704 N. Swinton Avenue. The Mediterranean Revival house on the lot is of historical significance to Delray Beach. Constructed in 1924, it was the first commission executed in the City by National Register Architect, Samuel Ogren. After the completion of the residence, Mr. Ogren was asked to become the City's first architect and designed the Crest Theater and Gymnasium at Old School Square, the Arcade Tap Room on Atlantic Avenue and other historic landmarks in the City. The lot has a fi'ontage of 134' on N. Swinton Avenue and the existing house is situated on the south portion of the lot. I would like to create a buildable lot on the north portion of the property and I realize that this would create a non-conforming situation. However, if the creation of the lot is possible, I will list the entire existing lot on the Local Register of Historic Places and rehabilitate the existing house. Rehabilitation of the historic house and the design of the new house will receive architectural review by the Historic Preservation Board. The home I propose to build represents the best use of the property and the surrounding properties since the home will be o£a higher value and in keeping with the neighboring architecture. As shown on the attached rendering, the home I propose to build is in keeping with the "Mediterranean revival'theme and nostalgic feel of the Del Ida Historic District. The front porches, rough texture stucco, and barrel tile roof lend itself to the traditional feel of the "Mediterranean style" architecture. I have attached a survey of the property showing the proposed layout of the new building in relationship to the existing structure. I feel this product will be a new highlight in the continuing successful growth of downtown Delray Beach. Thank you for your consideration. LOT ~0 r ~ ~ ~P'P' ~ - / ~ ~ ~r ¢/2" ' ~ ~ ~ ~" , ~, ~ ......... Sag'4~'57'W r26. aS' , Existing Sam Ogren House at 704 N. Swinton Avenue - July 27, 1999 t RECEIVED October 5, 1999 r~ C T O 5 1999 Mr. David Harden City Manager CITY MANAGER City of Delray Beach Dear Mr. Harden: I have just heard of the plan to divide the lot on Swinton that is adjacent to the historic home on the corner of 7th on the west side of Swinton. As a homeowner in this neighborhood, I really feel this would be a mistake to try and squeeze more homes on this property. There is no precedent for this type of housing in our area. Please take the homeowners voices into consideration. Thank you. Sincerely, /~ ~ [' Nancy Stein 802 NW 2nd Avenue Delray Beach, Florida ' RECEIVED 0 C T 0 5 ]999 Martin E. Buerk, Jr. CITY MANAGER DELRAY BEACH, FL 33444 (561) 272-6030 DA TE: 10/05/99 @ 11:37 AM TO: CITY OF DELRAY BEACH A'FI'ENTION: MR DAVID HARDEN & CITY COMMISSIONERS FAX NUMBER: (561) 243-7166 FROM: MARTIN BUERK FAX NUMBER: (561) 274-4840 SUBJECT: PROPOSED SUBDIVISION OF PROPERTY LOCATED AT 704 N. SWINTON AVE. TOTAL PAGES 1 (INC. COVER) MESSAGE: MR HARDEN & COMMISSIONERS: ALTHOUGH I CANNOT BE PRESENT AT THE COMMISSION MEETING OF OCT. 5, 1999, I WOULD LIKE TO USE THIS NOTE TO URGE EACH OF YOU TO DENY THE SUBDIVISION OF THE REFERENCED LOT ON SWINTON AVENUE. NORTH SWINTON AVE., AND ITS ADJACENT NEIGHBORHOODS ARE CURRENTLY ENJOYING ENORMOUS SUCCESS IN DESIRABILITY TO RESIDE IN THESE AREAS. IT IS NOT THE TIME TO DECREASE PROPERTY SIZE BELOW MINIMUM DEVELOPMENT STANDARDS AND TO INCREASE POPULATION DENSITY. WE MUST BE VIGILANT IN INSURING THAT WE DO NOT LOSE THE CHARM OF THIS AREA OF NORTH SWINTON BY SE'r'TING A PRECEDENT FOR FUTURE DEVELOPMENT. [ITY OF DELRFlY BEfl[H CITY ATTORNEY'S OFFICE TM TELEPHONE 561/243-7090 ' FACSIMILE 561/278-4755 p~LRoAY~ B,EA~CH~ Writer's Direct Line: 561/243-7091 AIl. Amedca City 1993 TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Offer of Judgment/Daidola v. City of Delray Beach Our office has received an Offer of Judgment in the case of Barbara Daidola v. City of Delray Beach in the amount of $9,999.00. Ms. Daidola filed suit as a result of a bicycle accident that occurred on April 20, 1996. The Plaintiff asserted that the City failed to properly maintain a valve box cover that was located in the middle of the street in which she was riding. The Plaintiff broke her left wrist and left ankle in the accident. The Plaintiff's medical bills total approximately $8,500.00. Ms. Daidola has filed an offer of judgment in this case in the amount of $9,999.00 that includes attorney's fees and costs. If the City denies the offer of judgment and a jury awards the Plaintiff an amount greater than $12,500.00 then the City will also be required to pay the Plaintiff's attorney his fee for the time that he has spent on this case from the date the offer of judgment was filed. The offer of judgment was filed on September 28, 1999. By copy of this memo to David Harden, City Manager, our office requests that this matter by placed on the October 5, 1999 City Commission agenda. Please call if you have any questions. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 5, 1999 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING: Back-up information is provided for the following: 9. A. SERVICE AUTHORIZATION ~6 - DIGBY BRIDGES FOR THE TENNIS CENTER: Consider approval of Service Authorization #6 with Digby Bridges for the construction of two new tennis courts and other improvements at the Tennis Center. Funding will be provided from 334-4145-572-63.90 (Other Improvements - Tennis Center). 9. ~ FINAL PLATT APPROVAL/VICTORIAN GARDENS SUBDIVISION: ~ Consider approval of the subdivision plat for Victorian Gardens located on the southwest corner of No. Swinton Avenue and NW llth Street. MEMOR~ND~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'I SUBJECT: AGENDA ITEM # ~ - MEETING OF OCTOBER 5, 1999 FINAL PLAT APPROVAL/VICTORIAN GARDENS SUBDIVISION DATE: OCTOBER 4, 1999 This is before the Commission to consider approval of the final plat for Victorian Gardens Subdivision. The property is located on the southwest corner of No. Swinton Avenue and NW llth Street. The property is being subdivided to create two single family lots. This item did not reach the City Manager's desk until today, October 4, 1999, however the developer has requested that it be placed on the October 5, 1999, agenda. Recommend approval of the final subdivision plat for Victorian Gardens. RECEIVED O C. I 0 zt 1999 City Of Delray Beach C,Tv MANAGER Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Barron E. Caronite, PE, Assistant City Engineer~~ DATE: September 30, 1999 SUBJECT: Victorian Gardens Subdivision Plat Please find an agenda request for Commission approval of the subdivision plat for Victorian Gardens attached. I have also enclosed a location map and a reduced copy of the plat. The site is located on the Southwest corner of the intersection of North Swinton Avenue and NW 11th Street. The property is being subdivided to create two single family lots. If this meets with your approval, please place it on the October 5, 1999 Commission meeting for Commission approval. Encl. File: S:lengadmin/taclvictorian gardens/agmemo.doc cc: Randall Krejcarek, P.E., City Engineer Paul Dorling, Planning/Zoning TAC: Victorian Gardens N.E. 1 ~TH ST. HIGHLAN LN. r ~" N.E. 13TH ST. N.W. 12TH ST. / / I.~" N.E. 12TH ST. N.W. llTH ST. N.E. 11TH ST. N.E. 10TH ST. f/) GE( , BUSH BOULEVARD r N'E' 7TH ST. · N.E. 6TH ST. CITY of DELRAY BEACH VICTORIAN GARDENS PLAT I5~iVIROI~VENTAL 8ERVK::E~ DEP~ LOCA'rION MAP 4~4 ~OU~H 8V~IT~N A~E. D~.RAY BEACH. I~L.ORIDA ~444 Agenda Item No. /~ AGENDA REQUEST Date: Sept. 30, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Oct. 5, 1999 Description of item (who, what, where, how much):Approval of the Subdivision Plat for Victorian Gardens located on the Southwest corner of North Swinton Ave. and NW 11TM Street. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Subdivision Plat for Victorian Gardens. ~ i~.~/~W~ 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: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda:Hold Until: ~/NO~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Victorian Gardens file:s/engadmin/tac/Victorian Gardens/ag0100599.doc FROM : ROBERT G. CURRIE PARTNERSHIP =~tDNE NO. : 561 243 8184 Sep. 30 1999 Oi:S1PM PI ROBERT G. CURRIE PARTNF. RSHIP Ro~r~ G. Cum~ Architects, Planners & Interior DesJgn~---s AA0002271 September 30, 1999 Ms. Diane Dominguez, .D?e~tor C!ty of Delrzy Beach Pia~..~ing & Zoning De~t. 100 N. W. 1-': Avenue Delray Beach, Florida ~=" ' Dear Diane: We respectfully reques~ ~.at you withdraw our request to reduce the front setbacks east of the tr.t-~coast~l Wat~'ay on Atlantic Avenue from 5' to O' in light of the Planni~ ~r.~. Zoning Bc~r6s opposition ~t Monday night's meeting. Thar~k you foryour coope-~iar, and ifyou have any questions, please feel free to give me a call. Very truly ~ours, Jess M. Sowards, AIA c: Louis C~rbone, Esa. Mn Charles I~os~e- Northeast 1st Avenue, Delray Beach_ :Tlorida 33444 Telephone: (561) 276-495l l~acsmilie: (561) 243-8184 .]~-mail: rcpse~.,aol.com TO: DAVID T. HARDEN, CITY MANAGER FROM: DIANE DOMINGUEZ, PLANNING & ZONING DIRECTOR ~~j~l'/~/~.~ SUBJECT: CITY COMMISSION MEETING OF OCTOBER 5, 1999 LDR AMENDMENT ELIMINATING THE FRONT SETBACK REQUIREMENT FOR PROPERTIES LOCATED IN THE CBD ZONING DISTRICT, EAST OF THE INTRACOASTAL WATERWAY [LDR SECTION 4.4.13 (G)(2)] An application to amend the Land Development Regulations (LDRs) has been requested by Chades Rosner, who owns property at the northwest comer of Atlantic Avenue and Andrews Avenue. The proposed amendment is to reduce the required setback for CBD-zoned properties east of the Intracoastal Waterway from five feet (5') to zero feet (0'). A history of the vadous zoning designations and setback requirements that have applied to this commercial area is included in the attached Planning and Zoning Board staff report. For most of the area's development history a ten foot (10') front setback requirement has applied. In July of this year, an amendment was adopted reducing that requirement in this portion of the CBD, and within the Pineapple Grove Main Street area, to five feet (5'). The Planning and Zoning Department is opposed to the amendment, largely because it is inconsistent with the development pattern of the majority of the area, and creates too narrow an area for pedestrian movements. With the successful redevelopment of the downtown, conflicts between pedestrians, bicyclists, skaters, and outdoor diners has increased. The existing 5' setback provides additional room for maneuvering, and can accommodate outdoor uses such as sidewalk cafes. The proposed amendment was reviewed by the Planning and Zoning Board on September 27, 1999. The Board recommended denial of the amendment by a vote of 7-0, based upon a failure to make a positive finding with LDR Section 2.4.5(M)(5), that the amendment must be consistent with and further the goals, objectives, and policies of the Comprehensive Plan. The Community Redevelopment Agency and Downtown Development Authority also recommended denial. By motion, deny the amendment to Section 4.4.13(G)(2) Supplemental Distdct Requlations for the Central Business Distdct as attached, based upon the findings and recommendation of the Planning and Zoning Board. Attachments: Q Proposed Ordinance ~ P & Z Staff Report ORDINANCE NO. 36-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDNIG SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBPARAGRAPH 4.4.13(G)(2), "SETBACKS", TO PROVIDE THAT THE FRONT SETBACK MAY BE REDUCED TO ZERO FEET WHERE THERE IS A MINIMUM SIDEWALK WIDTH OF EIGHT FEET WITHIN THE SECTION OF THE CENTRAL BUSINESS DISTRICT EAST OF THE INTRACOASTAL WATERWAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, a proposal for the reduction in the front setback in the area east of the Intracoastal Waterway in the CBD District was made and considered by the Planning and Zoning Board and is now being considered by the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", Subparagraph 4.4.13(G)(2), "Setbacks" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (2) Setbacks: Within the area encompassed by the boundaries of the DDA as originally established in Section 8.2.2(B), there shall be no required front, side (interior), side (street) or rear building setbacks except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. (a) Within those sections of the CBD zoning district located in the Pineapple Grove Main Street area and east of the Intracoastal Waterway, a front setback of not less than five feet (5') nor greater than ten feet (10') and a 5' side (street) setback shall be provided. Within the section of the CBD east of the Intracoastal Waterway, the front setback may be reduced to zero feet (0') where there is a minimum sidewalk width of eight feet (8'). For both the Pineapple Grove Main Street area and the area east of the Intracoastal Waterway, g_there shall be no required side (interior) or rear building setbacks, except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. Section 2. 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 pan declared to be invalid. Section 3. That all ordinances or pans of ordinances in conflict herewith be and the same are hereby repealed. 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 1999. MAYOR ATTEST: City Clerk First Reading. Second Reading. 2 ORD. NO. 36-99 Charles Rosner 118 N. Bedford Road Suite #203 Mount Kisco, N.Y. 10549 August 11, 1999 Ms. Diane Dominguez, Planning Director City of Delray Beach 100 N. Wo ?~ Avenue Delray Beach, Florida Re: Land Development Regulation Text Amendment Request Dear Ms Dominguez: Please consider this a formal request for the following text amendment to the current Land Development Regulations as presented at a recent City Commission meeting by my architects, Robert G. Currie Partnership and my attorney, Louis J. Carbone. With regard to the current Section 4.4.13(G)(2)(a), I hereby request a change from a 5' front setback in the CBD zoning district located along Atlantic Avenue east of the Intracoastal Waterway to a O' front setback as currently exists along Atlantic Avenue west of the Intracoastal. All other parameters of this section shall remain the same. It is agreed that this O' front setback shall be allowed provided the public sidewalk area is not less than 8' deep in front of the subject property. I am enclosing a check in the amount of $500.00 as you requested for the processing fee, I understand the time table for review of this change would be as follows: Planning and Zoning Board Review September 27~ 1~ Reading, City Commission October 5~ 2n~ Reading, City CommisSion October 19~ If you have any questions regarding this matter, please feel free to give me a call. In addition, please send any backup material and meeting notifications to my architects, Robert G. Currie Partnership, attention of Jess M, Sowa~ds, AIA, as well as my attorney, Louis J.,Carbone. Very truly yours, c: Louis J. Carbone, Esq. ~ ~ ~' ~%~ attachment: check ~.~1~'~- ~' : ~'' "' ~ MEETING OF: SEPTEMBER 27, 1999 AGENDA ITEM: VI.E. AMENDMENT TO LDR SECTION 4.4.13(G)(2), ELIMINATING THE FRONT SETBACK REQUIREMENT FOR THE PORTION OF THE CBD EAST OF THE INTRACOASTAL WATERWAY. The item before the Board is the consideration of a privately initiated request to amend LDR Section 4.4.13 Central Business District, subsection (Gl(2) Setbacks. The proposed amendment is to reduce the required front setback for CBD-zoned properties located east of the Intracoastal Waterway (ICVVVV) from five feet (5') to zero feet (0'). The request has been made by the owner of property located on the NW corner of Atlantic Avenue and Andrews Avenue, who wishes to expand an existing structure to the front property line. The following is a general history of the zoning and setback regulations applicable to the commercial area located along East Atlantic Avenue, between the ICWW and State Road A-1-A (see attached map). Prior to the 1970's the area was zoned C-l(Limited Commercial), which required a minimum 10' front setback. From 1959 until 1972 the C-1 zoning district regulations contained the following special provision for commercial properties in this area: "Within the business district along Atlantic Avenue, east from U.S. Highway No. l to Highway A-l-A, all commercial buildings shall be set back forty-three (43) feet from the center line of said Atlantic Avenue, and no structures shall be erected, · . altered or reconstructed within the area between such setback lines." This language does not appear in the 1972 code, nor in any of the subsequent regulations. In 1976 a new City zoning code was adopted and the C-1 zoning category was eliminated. The area was rezoned to GC (General Commercial) until August of 1977 when it was changed to LC (Limited Commercial). Both the GC and LC districts required a minimum front setback of ten feet (10'). The LC district regulations stated further that the front setback area was to be landscaped. In 1990 there was a major Citywide rezoning that coincided with the adoption of new Land Development Regulations, and the zoning of the subject area was again changed, P& Z Board Memo Report LDR AmendmentmSetbacks East of the ICVWV Page 2 this time to CBD (Central Business District). Prior to 1990 the CBD had consisted only of the area one block north and south of Atlantic Avenue, between Swinton Avenue and the Intracoastal. This corresponded with the original jurisdictional area of the Downtown Development Authority (DDA). With the Citywide rezonings, the CBD was expanded eastward as previously noted, as well as north to NE 4th Street and south to SE 2nd Street in part, and SE 3rd Street in part. Also prior to 1990, the front setback for buildings in the CBD was ten feet (10'). With the adoption of the new LDRs, the front setback was reduced to zero (0% but only for that area lying within the original DDA boundaries. This was done primarily to reflect the prevailing pattern of development in the area, particularly along Atlantic Avenue. The reduced setback did not apply to the expanded CBD. In July of this year, the City processed an LDR amendment to incorporate recommendations made in the Pineapple Grove Main Street (PGMS) plan. One of those recommendations was to reduce the minimum front setback in the PGMS area from ten feet (10') to five feet (5'). The goal was to encourage development that is pedestrian oriented by having buildings close to the street, but still allowing for 10' wide sidewalks (5' in the right-of-way and 5' on private property). This was similar to regulations that had been applied to West Atlantic Avenue following the adoption of the redevelopment plan for that area. City staff felt that the front setbacks for the CBD- zoned area east of the Intracoastal Waterway should also be reduced to 5', and included the area in the amendment for PGMS. The portion of Atlantic Avenue that is in the subject area was recently beautified with paver block sidewalks, decorative street lights, and landscaping. These improvements are all accommodated within the 80' right-of-way. Enclosed with this report is an aerial photograph of Atlantic Avenue east of the ICVVVV. The aerial depicts the centerline of the right-of-way (dashed line in the middle of the road), and indicates the approximate distance from the centerline to the existing adjacent structures. As noted above the right-of-way is 80' wide, or 40' on either side of the centerline. Therefore, the front building setback for each structure is equal to the distance from the centedine minus 40' (for example, a distance of 44' indicates a 4' front ',building setback). As indicated on the aerial, the existing front setbacks for buildings along Atlantic Avenue vary from a minimum of 2' for the structure at the southwest corner of Gleason and Atlantic, to 50' for the Barr Terrace condominiums on the north side of Atlantic, just east of the ICWW. Several structures are set back quite a distance in order to accommodate parking and landscape features. In other blocks the front setbacks are approximately 3', which is consistent with the requirement that existed from 1959 to 1972 to maintain a minimum 43' setback from the centedine of Atlantic Avenue. It is evident that a zero setback is not the prevailing development pattern for this area. P& Z Board Memo Report LDR Amendment--Setbacks East of the ICVVW Page 3 -.- The request for the reduced setback states that it should only apply where the sidewalk is a minimum of eight feet (8') wide. The sidewalks that were installed with the beautification are a minimum of 8' in width, therefore, the zero setback would effectively apply to the entire area and there is no need to make that distinction in the code language. The implication is that an 8' wide sidewalk is adequate to handle pedestrian .traffic in this area. It's true that 8' is wider than sidewalks throughout most of the City, which are typically 5' wide. And it would have been sufficient to handle pedestrian traffic prior to the revitalization of downtown Delray Beach. However, the downtown now has an active night life, and the eastern section is particularly busy with daytime activity during the traditional tourist season. The Marriott hotel has expanded to 250 rooms and has added conference facilities, and there are new restaurants and shops along A-1-A and Atlantic Avenue. The sidewalks in this area are shared by pedestrians, cyclists, roller bladers, and outside diners. A building setback of at least 5' can accommodate additional pavement for these uses, or just some "breathing room" if people need to step out of the way of sidewalk traffic. The additional space is also important due to the fact that this portion of Atlantic Avenue is four lanes wide, and traffic moves faster here than it does in the central CBD. The more room that is available for pedestrian movements, the safer they are from potential conflicts with vehicles. It is clear from the aerial photograph that this area is largely developed, with an established building setback line. However, there is a great deal of potential for major redevelopment of existing structures. If the building setback is reduced to zero, it is likely that the sites will be developed to that maximum envelope. Any future ability to have sidewalks wider than 8' would effectively be lost. The existing five foot (5') setback, which was reduced from 10' less than three months ago, allows for at least 13' of area from the curb to the building front, and has a minimal impact on the development potential of adjacent properties. Pursuant to LDR Section 2.4.5(M)(5), in approving an amendment to the Land Development Regulations, the approving body must make a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The applicant has not indicated in his letter which of the Goals, Objectives and/or · Policies this request is consistent with or furthers. Community Redevelopment Aqency {CRA) At its meeting of September 2, 1999, the CRA Board reviewed the proposed amendment and recommended that it be denied. The Board was particularly concerned P& Z Board Memo Report LDR Amendment--Setbacks East of the ICVVW Page 4 about sight visibility problems that are created at intersections when buildings have zero setbacks. Downtown Development Authority (DDA) At its meeting of September 22, 1999, the DDA Board reviewed the proposed amendment and recommended that it be denied. By motion, recommend that the City Commission deny the proposed amendment to reduce the front setbacks, based upon a failure to make a positive finding with LDR Section 2.4.5(M)(5). Attachments: Proposed Amendment Aerial Photo - Building Offsets from Centedine - E. Atlantic Avenue Letter of Request From Applicant TO: DAVID T. HARDEN, CITY MANAGER ~ ~,t~ THRU: DIANE DOMINGUEZ, PLANNING & ZONING'DIRECTOI~" ..... ' /~"- ~ PLANNER~ FROM: RONALD R. HOGGARD, JR., SENIOR .~~v~ ~~~- ' SUBJECT: CITY COMMISSION MEETING OF OCTOBER 5, 1999 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS DEALING WITH PARKING REQUIREMENTS FOR RESIDENTIAL USES IN THE CBD Currently, the parking requirements for residential development downtown are the same as in other areas of the city. Staff believes that these requirements are too high for downtown dwelling units which are close to public parking and which tend to be occupied less by families than by singles or couples, many of whom prefer a downtown setting in order to be less auto-dependant. The attached LDR amendment includes provisions to reduce the parking requirements for residential units in the CBD. An earlier amendment which would have reduced the parking requirements for downtown residential units was rejected by the City Commission in July of this year. Although the Commission was generally in favor of reducing the parking requirements, it was opposed to the methodology used (i.e. elimination of guest parking requirements). Staff reviewed several alternative approaches with the Parking Management Advisory Board at its August Meeting. The Board's recommendation has been incorporated into this amendment which reduces the parking requirements by 0.25 spaces per unit for 1 or more bedroom units, and retains the current guest parking requirements. Additional background and an analysis of the request can be found in the attached Planning and Zoning Board staff report. The proposed amendment was reviewed by the Planning and Zoning Board on September 27, 1999. The Board recommended approval of the proposed amendment by a vote of 6/0 with Elaine Morris abstaining. The Parking Management Advisory Board, Community Redevelopment Agency, ana Downtown Development Authority all recommended approval of the proposed amendment. Adopt the amendments to Section 4.4.13(G) Supplemental District Regulations for the Central Business District as attached, based on findings and conditions as recommended by the Planning and Zoning Board. Attachments: · Proposed Ordinance · Planning &Zoning Staff Report \\misrv001\departments\planning & zoning\city commission\downtown parking - residential.doc printed 9/28/99 ORDINANCE NO. 37-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDNIG SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBPARAGRAPH 4.4.13(G)(1), "PARKING", TO PROVIDE FOR PARKING REQUIREMENTS FOR RESIDENTIAL UNITS IN MULTI- FAMILY STRUCTURES AND MIXED USE BUILDINGS WITHIN THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the parking requirements for residential development downtown are currently the same as other areas of the City; and WHEREAS, downtown dwelling units tend to be occupied less by families than by singles or couples and are close to public parking; and WHEREAS, the Parking Management Advisory Board has reviewed this proposal and recommended reducing the parking requirements by 0.25 spaces per unit for 1 or more bedroom units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", Subparagraph 4.4.13(G)(1), "Parking" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (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 only. Changes in use (both residential and non-residential) shall not be required to provide on-site parking. The parking required for the creation of new non-residential floor area 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). (b) After January 1, 1994, when the parking requirements are applied to either new development or a change in use, said parking requirements shall be reduced by one parking space. This reduction may only occur once. (c) If it is impossible or inappropriate to provide required parking on-site or off-sire, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirements for restaurants is established at six (6) spaces per 1,000 square feet of floor area. (e) The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: · Efficiency dwelling unit 1.0 space/unit · One bedroom dwelling unit 1.25 spaces/unit · Two or more bedroom d.u. 1.75 spaces/unit · Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21~50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. 2 ORD. NO. 37-99 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. 37-99 MEETING OF: SEPTEMBER 27, 1999 AGENDA ITEM: VI. F. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH PARKING REQUIREMENTS FOR RESIDENTIAL USES IN THE CBD The item before the Board is that of making a recommendation to the City Commission on amendment of Section 4.4.13(G) Supplemental District Requlations for the CBD (Central Business District). Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND ~, :~ The Housing Element of the Comprehensive Plan states as follows: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally- oriented shopping distdct to a vibrant year-round retail, service, and entertainment area with an active night life. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area. The City needs to re-evaluate current regulations regarding the construction of dwelling units in the central business district, and make whatever changes are necessary to eliminate impediments and provide incentives." Currently, the parking requirements for residential development downtown are the same as in other areas of the city. Staff believes that these requirements are too high for dbwntown dwelling units which are close to public parking and which tend to be occupied less by families than by singles or couples, many of whom prefer a downtown setting in order to be less auto-dependant. The attached LDR amendments include provisions to reduce the parking requirements for residential units in the CBD. An earlier amendment which would have reduced the parking requirements for downtown residential units was recommended for approval by the Planning and Zoning Board in June of this year, but was rejected by the City Commission. The City Commission was generally in favor of reducing the parking requirements but was opposed to the methodology used (i.e. elimination of guest parking requirements). · Planning and Zoning Board Memorandum Staff Report Downtown Residential Parking Requirements Page 2 Staff reviewed several alternative approaches with the Parking Management Advisory Board at its August Meeting. The Board's recommendation has been incorporated into this amendment which reduces the parking requirements by 0.25 spaces per unit for 1 or more bedroom units, and retains the current guest parking requirements. A comparison with the earlier amendment for several development scenarios is shown in the following table: Standard W/No Additional Guest Proposed Alternative Parking .25/Unit Reduction W/Current Guest (Rejected by City Commission) Parking Requirements Scenario Standard Spaces Required Reduction Spaces Required Reduction (25) Units 62 Spaces 50 Spaces 12 Spaces (19%) 56 Spaces 6 Spaces (10%) (25) 2-Bedroom (25) Units 49 Spaces 38 Spaces 11 Spaces (22%) 43 Spaces 6 Spaces (12%) (25) 1-Bedroom (50) Units 107 Spaces 88 Spaces 19 Spaces (18%) 95 Spaces 12 Spaces (11%) (25) 1-Bedroom (25) 2-Bedroom (200) Units 374 Spaces 325 Spaces 49 Spaces (13%) 324 Spaces 50 Spaces (13%) (150) 1-Bedroom (50) 2-Bedroom (200) Units 424 Spaces 375 Spaces 49 Spaces (12%) 374 Spaces 50 Spaces (12%) (50) 1-Bedroom (150) 2-Bedroom As shown in the table, the reduction is approximately the same for larger scale projects, but less for smaller projects. This is due to the sliding scale used to calculate guest parking requirements which is higher on a per unit basis for smaller projects. Since the downtown area operates as a unit with a pool of public parking used by everyone, staff proposes that the parking requirements for residential uses in the CBD be reduced without regard to the mix of uses in each individual building. Staff recommends that the parking requirements be reduced by 0.25 spaces per unit for 1 or more bedroom uhits and that the current guest parking requirements be retained. Staff also compared Delray's residential parking requirements with that of the other municipalities, the Institute of Transportation Engineers' standard and Rich & Associates' recommendation from the parking study that was just completed for the CBD area east of the Intracoastal Waterway. The comparison shows that Delray's standard requirements are generally higher than in the other municipalities. Although the recommended ratios are generally lower than the others, it does compare favorably with West Palm Beach's City Center and Clearwater, both of which are specifically intended for downtown areas. Additionally, the recommendation is considerably higher than both the ITE and Rich and Associates standards. It should also be noted that several of the other municipalities do Planning and Zoning Board Memorandum Staff Report Downtown Residential Parking Requirements Page 3 not have additional guest parking requirements, therefore, the proposed ratios for Delray actually result in a higher overall parking requirement in many instances. The proposed amendment is as follows: Section 4.4.13 Central Business (CBD) District: (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: (e) The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: · Efficiency dwelling unit 1.0 space/unit · One bedroom dwelling unit 1.25 spaces/unit · Two or more bedroom d.u. 1.75 spaces/unit · Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findings: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was noted: Housing Element Policy B-3.4 The City's Planning and Zoning Department will work with the Community Redevelopment Agency to analyze the existing Central Business District regulations to determine if there are significant regulatory impediments to the development of residential units in the downtown, and will process the amendments necessary to eliminate those barriers. This analysis will be conducted in FY 97/98. These amendments will lower the parking requirements for residential uses in the downtown area to a more realistic level. The proposed requirements will eliminate an existing impediment to the development of residential projects while still providing adequate parking for the use. A positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. Planning and Zoning Board Memorandum Staff Report Downtown Residential Parking Requirements Page 4 I The proposed amendment was reviewed by the Parking Management Advisory Board on August 24, 1999. The Board recommended approval of the proposed amendment. The proposed amendments were reviewed by the Community Redevelopment Agency on September 2, 1999. The Board recommended approval of the proposed amendment. The proposed amendments will be reviewed by Pineapple Grove Mainstreet at its next meeting. The Board's recommendation will be included in the final report to the City Commission for action. The proposed amendments were reviewed by the Downtown Development Authority on September 22, 1999. The Board recommended approval of the proposed amendment. 1. Recommend approval of the proposed amendment. 2. Recommend denial of the proposed amendment, in whole or in part. 3. Continue with direction. Recommend that the City Commission adopt the amendment to Section 4.4.13(G) Supplemental District Regulations for the CBD (Central Business District). Attachments: · Table of Residential Parking Requirements Comparison in Selected Municipalities Report Prepared by Ron Hoggard, Senior Planner s:\planning & zoning\p & z\downtown parking - residential.doc printed 9/22/99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM %/O~- REGULAR MEETING OF OCTOBER 5, 1999 ORDINANCE NO. 27-99 (ADOPTION OF COMPREHENSIVE PLAN TO ADDRESS STATE REQUIREMENTS REGARDING THE SITING OF PUBLIC SCHOOL FACILITIES DATE: OCTOBER 1, 1999 This is the second reading and a public hearing for Ordinance No. 27-99 which address state requirements regarding the siting of public school facilities and policies regarding intergovernmental coordination. Florida Statute Section 163.177(h) requires local governments to include within their Intergovernmental Coordination Element policies that relate to the establishment of joint planning areas. The stature change also allows for the implementation of a voluntary dispute resolution puocess for bringing closure to intergovernmental disputes. The implementation of the dispute resolution process had already been accomplished in Palm Beach County via an interlocal agreement signed in October, 1993 by the County, thirty-two of its municipalities, and the School Board. The agreement coordinates multi-jurisdictional activities through the Intergovernmental Plan Amendment Review Committee (IPARC) Clearinghouse and the Multi-Jurisdictional Issues Coordination Forum. Section 163.3177(6) (a), requires local governments to include school siting location criteria in the Future Land Use Elements of their Comprehensive Plans. The policies are to encourage the location of schools near urban areas and to collocate them with parks, libraries and community centers to the greatest extent possible. The Planning and Zoning Board considered the amendments at their meeting of July 19, 1999. There was no discussion by the public and the Board unanimously recommended approval on a 5-0 vote. On first reading of the ordinance and the transmittal hearing on August 3, 1999, the City Commission voted 5-0 to approve Ordinance 27-99 and to transmit to the Department of Community Affairs for required review. Recommend approval of Ordinance No. 24-99 on second and final reading. Ref: compplan /O,/J ORDINANCE NO. 27-99 AK ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida'; and WHEREAS, Florida Statute Section 163.3177(h) requires local governments to include within their Intergovernmental Coordination Element policies that relate to the establishment of joint planning areas; and WHEREAS, Florida Statute Section 163.3177(6)(a) requires local governments to include school siting location criteria in the Future Land Use Element of their Comprehensive Plans; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 19, 1999, with respect to proposed Comprehensive Plan amendments addressing the siting of public school facilities and policies regarding intergovernmental coordination; and WHEREAS, the Planning and Zoning Board voted unanimously to recormmend to the City Commission that the proposed Comprehensive Plan amendments be transmitted; and WHEREAS, following due public notice, the first of two required public hearings on the proposed Comprehensive Plan amendments was held by the City Commission on August 3, 1999, at which time the Comprehensive Plan Amendment was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, following review and approval by the Department of Community Affairs, the second of two required public hearings on the proposed Comprehensive Plan Amendment was held by the City Commission, following due public notice, on October 5, 1999. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the ~Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the Comprehensive Plan Amendment as set forth in the attached Exhibit "A" to this ordinance, and that the document entitled ~Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to said Comprehensive Plan Amendment. 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 all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective upon the date a final order is issued by the Department of Co--unity Affairs finding the amen~ents to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the A~inistration Co~ission finding the amen~ents to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the 5th day of , Octo~r/ , 1999. ATTEST: First Reading August 3, 1999 (Transmittal Hearing) Second Reading October 5, 1999 (Adoption Hearing) EXHIBIT NA" to ORDINANCE NO. 27-99 GOAL AREA "A" A CONTINUOUS AND COORDINATED EFFORT WHICH INVOLVES ALL AFFECTED UNITS OF GOVERNMENT, REGULATORS, AND SERVICE PROVIDERS SHALL BE MADE IN PURSUIT OF ACCOMPLISHING THE GOALS OF THE COMPREHENSIVE PLAN Objective A-1 The City's Comprehensive Plan shall be coordinated with the planning and service delivery efforts of those units of government and agencies, which may be impacted by it. This objective shall be met through the following: Policy A-1.1 Notification of proposed plan amendments shall continue to be provided to all local units of government in Palm Beach County through the Interlocal Plan Amendment Review Committee (IPARC), and to affected adjacent municipalities and service providers through direct notification. PolicyA-1.2 Amendments to plans of adjacent units of government shall be reviewed pursuant to the formal plan amendment review program. The City Manager, or his designee, is authorized to issue a statement of "intent to object" when the actions of another municipality may affect the City of Delray Beach. Such situations may be analyzed by the Local Planning Agency who sha~l recommend to the City Commission any formal objection, which is to be made. Policy A-1.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the Plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi Jurisdictional Issues Coordination Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. PolicyA-1.4 The City Manager's Office through its Planning and Zoning Department shall maintain a listing of entities affected by this Plan and shall provide to them information regarding City actions which affect provision of services or plans for facilities which affect them. Policy A-1.5 Future annexations by the City of Delray Beach shall be carried out pursuant to Policy B-3.$ of the Future Land Use Element (Annexation Program) and shall be consistent with adopted annexation policies of Palm Beach County. Consistency shall be determined by specific notification of each annexation to the Planning Director and concurrence by that office. Policy A-1.6 This objective and its implementing policies shall be followed for each proposed plan amendment. Policy A-1.7 Whenever a development proposal which involves a private land use petition that requires Local Planning Agency review or implements a development activity proposed in this Comprehensive Plan and it is located within one-quarter mile of the boundary of an adjacent unit of government, a copy of the development application or development activity description shall be provided to the affected unit of government upon its receipt by the City of Del~ay Beach. Page 1 of 3 Policy A-1.8 The staff report prepared for any development application or development activities proposed in the plan and provided to the Local Planning Agency shall contain an assessment, if applicable, of how the proposed activity may affect the existing plans of any adjacent local government. City Shall-~rdinate with Palm ,Beach County to.designate those unincorporated areas within the City's official Planning Area as "Joint Planning Areas". Those areas Shall be subject to the policies included within Future:Land Use Element Objective B-3. ~:This coordination shall be accomplished through the execution of an interlocal agreement with Palm Beach County with!n one year from the date of adoption of this policy, Policy A-1.10 ~lntergovemmental ,Coordination Program as a regular formal fOrum in which to deal with issues municipalitieS. The Multi-JUrisdictional Issues Coordination Forum shall be utilized as a means of: ' collaborative planning for matters of interjuHsdictional ~significance including, but.not limited to, the :siting of faCilities with countywide ;significance and locally unwanted land uses. Objective A-2 The level of service standards contained within this Plan shall be reviewed by and established in conjunction with the entity which has operational and maintenance or planning responsibility for such facilities. Policy A-2.1 During review of any Plan amendment which involve changes to the level of service standard, letters shall be sent to each entity which is affected by a level of service standard adopted pursuant to this Plan. The letter shall ask for concurrence with the proposed standard. Policy A-2.2 Additional information as to the basis of the level of service standard shall be provided to said entities upon request. Policy A-2.3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to D.C.A. shall be taken to the Interlocal Plan Amendment Review Committee (IPARC) and Multi-Jurisdictional Issues Coordination Forum as appropriate, for direction and/or mediation. Policy A-2.4 This objective and its implementing policies shall be followed for each proposed plan amendment which affects a level of service standard. Objective A-3 The objectives and policies contained in Goal Area D of the Future Land Use Element and which provide mutual obligations for the enhancement of schools in Delray Beach and the furtherance of School District policies shall be coordinated with the School District, with the goal of implementation of the City's adopted plan entitled "Sharing for Excellence in Schools 1994". Exhibit "A" to Ordinance No. 27-99 Page 2 of 3 FUTURE LAND USE ELEMENT -- Objective D-3 The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities within the City. and to schedule individual facility needs in an ordedy and timely manner that is responsive to meeting the other objectives of this goal area. Policy D-3.2 The policies of this objective shall be coordinated through ongoing communications between the Office of the City Manager and the School District Superintendent. There shall be a mutual obligation to insure that all policies within this goal area are urgently pursued. Policy D-3.3 The City shall support existing and proposed legislation preventing public and private agencies from changing governmental agency's impact fees and capacity changes. Policy D-3.4 The City shall work with the School Board toward constructing and placing into operation: a new elementary school in the southeast portion of the City, a new middle school in or adjacent to the City, and a new high school in or adjacent to the City, pursuant to the "Sharing for Excellence in Schools 1994" plan. Policy D-3.5 Public educational facilities of the school district of Palm Beach County shall be consistent with all land use categories except Conservation. Policy D-3.6 The location and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses and development patterns. Policy 'D-3.7 The City shall ~encourage the SchoOl Board t° sele~ elementary and 'middle school locations that are within a reasonable walking distance from ~llector,,mad (City ,collector or: local road for elementary schools), as opP0sed to an ~policy D,3.8 The City Shall seek to co-locate public facilities, such as libraries, and community centers, with pUblic educational facilities of the school ~diStrict of Palm ~each County to the greatest,extent possible. ~' ~. :!i~:::~i-~,:,~:,~ ~,. :.v, .,?~:,~ Exhibit "A" to Ordinance No. 27-99 Page 3 of 3 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF_PLANNING AND ZONING REZONING FROM POC (PLANNED OFFICE CENTER) TO OS (OPEN SPACE) FOR THE 25 ACRE DELRAY OAKS PRESERVE LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND SW 29'" STREET. The subject property was acquired in December 1995, by Palm Beach County with funds from the Environmentally Sensitive Lands Bond program. The City served as the County's partner in an application for State matching funds for acquisition of the subject property. The City has received a site plan application from the Palm Beach County Department of Environmental Resource Management to install a 12-space parking area and nature trail with observation platform at the preserve. On March 2, 1999, the City Commission initiated the rezoning of the subject property from POC to OS. However, prior to the proposed Zoning District Map change, the Future Land Use Map designation must be changed from TRN (Transitional) to OS-C (Open Space, Conservation). On April 6, 1999, the City Commission approved the Future Land Use Map designation change (Comprehensive Plan Amendment 99- 1, first reading) and directed staff to transmit the amendment to the Florida Department of Community Affairs. The second reading (adoption hearing) of Comprehensive Plan Amendment 99-1 and the rezoning are tentatively scheduled for the City Commission meeting of October 19th. Pursuant to Conservation Element, Policy B-1.1 of the Comprehensive Plan, publicly owned environmentally sensitive areas are to be identified on the FLUM by an "Open Space- Conservation" symbol. In order to be consistent with the use of the property and Conservation Element, Policy B-1.1, it is necessary to change the FLUM designation to Open Space- Conservation and zoning designation to OS (Open Space), which is to be applied to passive parks, such as the preserve. TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF_PLANNING AND ZONING REZONING FROM POC (PLANNED OFFICE CENTER) TO OS (OPEN SPACE) FOR THE 25 ACRE DELRAY OAKS PRESERVE LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND SW 29'" STREET. The subject property was acquired in December 1995, by Palm Beach County with funds from the Environmentally Sensitive Lands Bond program. The City served as the County's partner in an application for State matching funds for acquisition of the subject property. The City has received a site plan application from the Palm Beach County Department of Environmental Resource Management to install a 12-space parking area and nature trail with observation platform at the preserve. On March 2, 1999, the City Commission initiated the rezoning of the subject property from POC to OS. However, prior to the proposed Zoning District Map change, the Future Land Use Map designation must be changed from TRN (Transitional) to OS-C (Open Space, Conservation). On April 6, 1999, the City Commission approved the Future Land Use Map designation change (Comprehensive Plan Amendment 99- 1, first reading) and directed staff to transmit the amendment to the Florida Department of Community Affairs. The second reading (adoption hearing) of Comprehensive Plan Amendment 99-1 and the rezoning are tentatively scheduled for the City Commission meeting of October 19th. Pursuant to Conservation Element, Policy B-1.1 of the Comprehensive Plan, publicly owned environmentally sensitive areas are to be identified on the FLUM by an "Open Space- Conservation" symbol. In order to be consistent with the use of the property and Conservation Element, Policy B-1.1, it is necessary to change the FLUM designation to Open Space- Conservation and zoning designation to OS (Open Space), which is to be applied to passive parks, such as the preserve. Approve, on first reading, the rezoning of the 25-acre Delray Oaks Preserve from POC (Planned Office Center) to OS (Open Space). Attachments: · Delray Oaks Preserve FLUM Amendment and Rezoning Staff Report · Location map ORDINANCE NO. 38-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE OS (OPEN SPACE) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE DELRAY OAKS PRESERVE SITE LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND S.W. 29TM STREET, 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 POC (Planned Office Center) District; and WHEREAS, at its meeting of March 15, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 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 OS (Open Space) District for the following described property: The subject property is located at the northwest corner of Congress Avenue and S.W. 29tn Street; containing 25 acres, more or less. A parcel of land in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida more particularly described as follows: Commencing at the Southeast corner of said Section 30; thence run N 89 degrees 55'53"W, 700.10 feet along the South line of said Section 30 to a point on the West right-of-way line of the Seaboard Coastline Railroad; then N 00 degrees 18'55" W, 2291.71 feet along said West right-of-way line to a point; thence run S 89 degrees 12'30" W, 515.01 feet to a point on the West right-of-way line of the 120.00 foot wide right-of-way of Congress Avenue, said point being the point of beginning; thence run S 00 degrees 18'55" E, 1434.04 feet along said West right-of-way line of Congress Avenue to a point of intersection with the North right-of-way line of the 80.00 foot wide right-of- way of SW 29tn Street; thence run S 89 degrees 41'15" W, 530.90 feet along said North right-of- way line to a point of curvature; thence run Northwesterly along said North right-of-way line being a curve concave to the Northeast, having a radius of 660.00~ feet, a central angle of 62 degrees 02'00", for an arc distance of 714.54 feet to a point to tangency; thence run N 28 degrees 16'45"W, 202.01 feet along said right-of-way to a point; thence run N 89 degrees 12'30"E, 626,49 feet to a point; thence run N 00 degrees 47'30" W, 895.00 feet to a point; thence run N 89 degrees 12'30"E, 589.53 feet to the Point of Beginning. Being subject to a drainage easement over and across the North 40.00 feet thereof said drainage easement being described and contained in Official Records Book 1778, Page 444, Palm Beach County Records. 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 day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading PLANNING AND ZONING BOARD CITY OF DELR Y BEACH ---STAFF REPORT--- MEETING DATE: March 15, 1999 AGENDA ITEM: IV.F.2. ITEM: Future Land Use Map Amendment From Transitional to Open Space-Conservation and Rezoning From POC (Planned Office Center) to OS (Open Space) for Delray Oaks Preserve, Located at the Northwest Comer of Congress Avenue and S.W. 29th Street, Associated with Comprehensive Plan Amendment 99-1 - Transmittal Hearing. GENERAL DATA: Owner ............................. Palm Beach County Location .......................... Northwest corner of Congress Avenue and S.W. 29th Street Existing Future Land Use Map Designation ..... Transitional (Subject to Conservation Policy B-1.1) Proposed Future Land Use Map Designation ..... Open Space-Conservation ~ L~ Current Zoning ............... POC (Planned Office Center) F' U ~ 0 Proposed Zoning ............ OS (Open Space) c A 'r pOC Adjacent Zoning .... North: POC &RM (Medium Density Residential) East: PCC (Planned Commerce Center) & MIC (Mixed Industrial & Commercial) c · N ^ L ....... area and nature trail with an \ ~ ============================================================ z CANAL L-38 ITEM BEFORE 'THE BOARD,, ", ~ i The action before the Board is making a recommendation to the City Commission to change the Future Land Use Map (FLUM) and Zoning Map designations for the 24.52-acre Delray Oaks Preserve. The request involves a FLUM amendment from TRN (Transitional) to OS-C (Open Space - Conservation) and rezoning from POC (Planned Office Center) to OS (Open Space). The subject property is located at the northwest comer of Congress Avenue and South West 29~ Street. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and Zoning Map. ACKGROUND Palm Beach County acquired the subject property in December 1995, with funds approved through the Environmentally Sensitive Lands Bond on March 12, 1991. The City served as the County's partner in an application for State matching funds for acquisition of the subject property. The City has received a site plan application from the Palm Beach County Department of Environmental Resource Management to install a 12-space parking area and nature trail with observation platform at the Delray Oaks Preserve. The City's Future Land Use Map (FLUM) designation for the property is TRN (Transitional) and it is currently zoned POC (Planned Office Center), which does not permit the preserve and the associated improvements. Pursuant to Conservation Element, Policy B-1.1 of the Comprehensive Plan, publicly owned environmentally sensitive areas are to be identified on the FLUM by an "Open Space-Conservation" symbol. In order to be consistent with the use of the property and Conservation Element Policy B-1.1, it is necessary to change the FLUM description to Open Space-Conservation and the zoning designation to OS (Open Space). The OS zoning is appropriate for passive parks, such as Delray Oaks. The zoning change was initiated by the City Commission on March 2, 1999, as was the FLUM amendment, which is to be included in Comprehensive Plan Amendment 99-1. FUTURE LAND US'E~MAP AMENDMENT'~ANALYSIS This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 2 ~ Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. As noted previously, the proposed site plan indicates that the park will be developed with a nature trail that includes an observation platform and 12-space parking lot. The proposed passive park and accessory facilities are allowed in the OS zoning district. According to Table L-7 of the Comprehensive Plan, the OS zoning district is consistent with the OS-C Future Land Use Map designation. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: 1:3 Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. Data and analysis must support the need, This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. An analysis of the "Demonstrated Need" is not required since the proposal is a Conservation FLUM amendment. I;I Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Goal Area B of the Conservation Element states that sensitive lands that provide habitat and contain native vegetation vital to the maintenance of the environmental quality of this community shall be conserved and protected. The Delray Oaks Preserve is one of the properties designated for preservation. The proposed OS-C FLUM designation is appropriate when designated land is to be preserved. Therefore, the FLUM designation change promotes the goals, objectives, and policies of the Comprehensive Plan. 12] Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The highest intensity development allowed by the proposed OS zoning district and OS-C FLUM designations are passive parks. The current POC zoning district designation allows for planned office complexes. Since the demand on public services is far less for passive parks than office complexes, the FLUM and Zoning · P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 3 Map designation changes will have a positive impact with respect to meeting concurrency requirements. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The OS-C FLUM and OS zoning designations will be compatible with the surrounding existing and future land uses. The existing adjacent uses are the Catalfumo planned office center to the north, the Delray Oaks multiple family development to the south, industrial to the east (across Congress Avenue), and the Sabal Pines East multiple family development to the west. The proposed conservation area will not have an adverse affect on these surrounding uses. The Delray Oaks Preserve will generate 39 average daily trips (1.59 trips x 24.52 acres). Given the acreage of the property, the site could be developed as a planned office center with 320,000 square feet of floor area, A 320,000 square foot planned office complex generates 3,245 trips per day. The surrounding roads can accommodate the trips generated by the proposed nature preserve. Furthermore, the impact on public services such as fire protection, water, sewer, solid waste, drainage, and police is also s!gnificantly less for the conservation area than a planned office center. The DERM has indicated that the conservation area will operate during daylight hours and will be closed during evening hours. Consequently, there will be no patron interaction with the park during the evening hours. Finally, the use of the property as a conservation area will not have a positive or negative effect on the property values of the surrounding properties. Since the conservation area will have a Iow impact on the surrounding properties, the property values will not be affected due to the proposed FLUM or zone change. Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. As noted previously, the Palm Beach County Department of Environmental Resource Management has submitted a site plan application for a passive park on the subject property. The improvements noted on the proposed site plan are consistent with the uses allowed in the OS-C FLUM and OS zone designations. The site plan application and compliance with the City's Land Development Regulations will be considered by the Site Plan Review and Appearance Board following the requested designation changes to the FLUM and Zoning Map. P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 4 '-iZONING ANALYSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body that 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, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(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: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment Analysis section of this report. Section 3.3.2 (Standards for Rezoning Actions): Standards B and C are not applicable with respect to this rezoning request, as the rezoning for preservation of environmentally sensitive land does not affect the City's Housing Element or involves strip commercial development activity. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF, OS, OSR, OR Conservation within stable residential area shall be denied. The subject property is located along a principal arterial roadway (Congress Avenue). The surrounding existing land uses are a planned office park to the north, multiple family residential to the south and west, and a planned commerce center and industrial complex to the east (across Congress Avenue). The Delray Oaks Preserve is not located within a residential area but is adjacent to neighborhoods designated as stable residential on the Residential Neighborhood Categorization Map. The proposed rezoning is to OS, therefore a positive finding with respect to this standard can be made. . P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 5 ~ 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 proposed rezoning will implement the City's Conservation designation of the subject property. According to Table L-7 of the Future Land Use Element, the OS zone designation is compatible with the FLUM designations of the adjacent residential and commercial properties. As noted previously, the uses permitted in the OS zoning district are passive parks or water bodies. The passive park proposed by Palm Beach County is consistent with the proposed Zoning Map designation and the surrounding uses. The accessory facilities associated with the passive park such as parking will be considered via the site plan process in accordance with the City's Land Development Regulations. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.$(D)($), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The proposed OS zone designation is allowed under both the current TRN (Transitional) and the proposed OS-C FLUM designations. Given the proposed use of the property, the OS zone and OS-C FLUM designations are more appropriate for the property. The OS zone designation change from POC will ensure that the property is utilized as a passive park rather than for office uses. Consequently, a positive finding with respect to (b) can be made since the purchase of the property by DERM for the purpose of establishing a passive park changes the circumstances with respect to appropriateness of the zoning designation. Furthermore, the OS zoning designation is more appropriate as passive parks are not allowed uses in the POC zoning district. · P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 6 [, REVIEW BY *OTHERS The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: [3 Progressive Residents of Delray (PROD) [3 Delray Racquet Club [3 Palms of Delray [3 Lake Delray Apartments [3 Town & Country Estates [3 Tropic Palms Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed passive park is incompatible with the current POC zoning designation, as it is not a permitted use. The appropriate zoning designation for passive parks is the OS zoning district. VVhile the TRN FLUM designation can be applied for either planned office complexes or passive parks, the most appropriate FLUM designation is the OS-C designation as it will ensure that the property remains in its natural state and is not allowed to be developed. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive, and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) of the Land Development Regulations, and the goals, objectives, and policies of the Comprehensive Plan. E, -, ,' A LTE R N,,A,,TI V E A C T I 0 N S ;.:: ,' ,, '1 A. Continue with direction. B. Recommend to the City Commission approval of the Future Land Use Map amendments from TRN to OS-C, and the rezoning from POC to OS based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) of the Land Development Regulations, and the goals, objectives, and policies of the Comprehensive Plan. P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning ~ Page 7 C. Recommend to the City Commission denial of the Future Land Use Map amendments from TRN to OS-C, and the rezoning from POC to OS based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Section 2.4.5(D)(5) of the Land Development Regulations, that the FLUM amendment and rezoning fail to fulfill one of the basis for which a FLUM amendment or rezoning should be granted. STAFF RECOMMENDATION ~ ' , I Recommend to the City Commission approval of the Future Land Use Map amendment from TRN to OS-C, and the rezoning from POC to OS based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) of the Land Development Regulations, and Goal Area "B" of the Comprehensive Plan, Conservation Element. Attachments: [] Future Land Use Map [] Zoning Map ......... ~l I nil PINTO ,,>., ,,., L>,,,., ,,., 2. ', ,,>, x, ,,~, ~.~ ) /k "~ ' > "/'~'~ ' "~>' ~P~SER~ -FUTURE, y.~ND USE MAP AMENDMENT- FROM: ~N ~NSITIONAL) TO: O~ (OPEN SPACE-CONSERVATION) DY O - REZONING - FROM: POC (P~NNED OFFICE CE~R) TO: OS (OPEN SPACE) SPRING HARBOR ABBEY DELRA Y SOU TH ARBORS OFFICE PARK OFFICE DEPOT ~j T~RR ~,C~-5 A~P LA'~ OFFICE DEPOT SABAL PINES C ATA LF d M 0 C P OFFICE DEPOT HARDRIt/ES CANAL SABAL SABAL PINES ~NES EAST SOUTH DELRA w OAKS ~ -~' CONDO CANAL N ~ DELRAY OAKS PRESERVE CITY O~ DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- D/Gli'4L ~45E ~4P SYSTEM -- MAP REF: LM525 CITY ATT0 [:EY'S OFFICE T]ELE?~ONE $61/243-7090 · FACSIMILE DEL£AY BEACH Writer's Direct Linc: 561/243-7091 Ali.America City 1993 DATE: September 2 l, 1999 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance Adjusting Compensation of Mayor and Commissioners Charter Section 3.02 provides that the annual salary of the Mayor and Commissioners may be fixed by the Commission by ordinance and shall be effective on the date of the commencement of the terms of the Commissioners or Mayor, as a result of the next election, provided that at least six months follows the adoption of the ordinance and the election. Code of Ordinances Section 31.02 provides for the actual compensation. This ordinance provides for Code of Ordinance revisions to Section 31.02, to provide adjustments to the compensation based on the average budgeted salary adjustment budgeted for general City employees payable on a compounded basis each March to all Commissioners and the Mayor on the date some Commissioners and the Mayor assume office each March, commencing in 2001. if you desire any changes. SAR:ci ~, Attachment 15'f /O]~ lc]q ORDINANCE NO. 39-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES", SUBHEADING "GENERAL PROVISIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 31.02, "COMPENSATION OF COMMISSIONERS AND MAYO~', TO PROVIDE FOR ADJUSTMENTS TO COMPENSATION EACH YEAR IN A MANNER COMMENSURATE WITH INCREASES IN COMPENSATION TO GENERAL CITY EMPLOYEES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Delray Beach, Florida, provides for the fixing of compensation of the Mayor and City Commissioners by ordinance; and WHEREAS, the compensation of the Mayor and City Commissioners is fixed by ordinance; and WHEREAS, the City Commission desires to provide that the compensation of the Mayor and Commissioners be adjusted annually in a manner commensurate with general City employees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 31, "City Officials and Employees", Subheading "General Provisions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by amending Section 31.02, "Compensation of Commissioners and Mayor", to read as follows: Section 31.02 COMPENSATION OF COMMISSIONERS AND MAYOR. Each Commissioner, during the term of his or her office, shall receive compensation in the amount of $400.00 per month. The Mayor, during his or her term of office, shall receive compensation in the amount of $500 per month. However, +~ ~" ~^~~ .......... + ~^~-^~-~'~ ~ ...... cs effective in March 2001 and annually thereafter, the compensation shall be adjusted annually to such sums ,ba~^~ ..... ~ ...... ~-^~-~' '~ ~ ........ based on the average budgeted salary adjustment, if any, ..... ~^~ ~ dg City' pl ~ ......... bu eted for the s general em oyees, payable to all Commissioners and the Mayor beginninq in March of each year on the date of the assumption to office of the Mayor and Commissioners. The Mayor and Commissioners elected thereafter shall receive the compounded compensation monthly. 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 for the Mayor and City Commissioners who are holding office on the last Thursday in March, 2001. 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 2 Ord. No. 39-99 ORDINANCE NO. ~q"q~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TITLE III, "ADMINISTRATION", CHAPTER 31, "GENERAL PROVISIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 31.02, "COMPENSATION OF COMMISSIONERS AND MAYOR", TO PROVIDE FOR ADJUSTMENTS TO COMPENSATION EACH YEAR IN A MANNER COMMENSURATE WITH INCREASES IN COMPENSATION TO GENERAL CITY EMPLOYEES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Delray Beach, Florida, provides for the fixing of compensation of the Mayor and City Commissioners by ordinance; and WHEREAS, the compensation of the Mayor and City Commissioners is fixed by ordinance; and WHEREAS, the City Commission desires to provide that the compensation of the Mayor and Commissioners be adjusted annually in a manner commensurate with general City employees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 31, "General Provisions" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by amending Section 31.02, "Compensation of Commissioners and Mayor" to read as follows: Section 31.02 Compensation of Commissioners and Mayor. Each Commissioner, during the term of his or her office, shall receive compensation in the amount $400.00 per month. The Mayor, during his or her term of office, shall receive compensation in the amount of $500 per month. However, ,h,~ r,;~, r~,~,~,~;oo; .......... · cf Eying ~v~reases effective in March 2001 and a~ually ~ereafier, ~e compemation shall be adjusted a~ually * ........................ ..... ~ ..... ~o,a upen *~ ...... _ ........... · ~ ~-'~-~ ~wre~se~, based on ~e average budgeted sal~ a{jus~ent, if any, ~ budgeted for the city's general employees, payable to all Co~issioners and ~e Mayor beg~ng in March of each year on ~e date of ~e assumption to office of the Mayor and Commissioners. The Mayor and Commissioners elected thereafter shall receive the compounded compensation monthly. 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 for the Mayor and City Commissioners who are holding office on the last Thursday in March, 2001. 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 2 ORD NO.