11-02-99 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
OVE BE :00
COMMISSION CHAMBERS ~ 993
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 action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary
purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the
sign-in sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by
the presiding officer from speaking further, unless permission to
continue or again address the Commission is granted by a majority vote
of the Commission members present.
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 October 19, 1999
6. Proclamations:
A. OF NOTE:
National Bible Week - November 21 to 28, 1999
7. Presentations:
A. Introduction of Miyazu Student Delegation
B. Kathleen We±gel, Principal, Atlantic High School
C. RESOLUTION NO. 70-99: A resolution recognizing and commending
Norma N. Smith for 30 years of dedicated service to the City
of Delray Beach.
D. Distinguished Budget Presentation Award for FY 1999 from the
Government Finance Officers Association (GFOA).
8. Consent Agenda: City Manager recommends approval.
A. WATER SERVICE AGREEMENT/WINTERPLACE PUD: Approve the standard
water service agreement for the Winterplace PUD, a proposed
151 zero lot line residential development to be located at the
southeast corner of Military Trail and the L-30 Canal.
B. TEMPORARY BANK FACILITY AT ATLANTIC PLAZA: Approve a
temporary use permit for the placement of a modular building
to allow a temporary bank facility in Atlantic Plaza, located
at the northeast corner of N.E. 7th Avenue and Atlantic
Avenue, for a period not to exceed one year from the date of
issuance of its Certificate of Occupancy, based upon positive
findings and subject to conditions.
Regular Commission Meeting
November 2, 1999
L. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTION: Ratify the action approved by the
South Central Regional Wastewater Treatment and Disposal Board
at the quarterly meeting of October 21, 1999.
M. RESOLUTION NO. 71-99 (RESOLUTION OF NECESSITY FOR ROYAL PALM
BOULEVARD SPECIAL ASSESSMENT DISTRICT): Approve a resolution
declaring the necessity for public improvements for a portion
of Royal Palm Boulevard, and directing the establishment of a
special assessment district to defray a part of the expense
for said improvements.
N. RESOLUTION NO. 69-99: Approve a resolution authorizing the
City to enter into a Local Agency Agreement and a Joint
Participation Agreement with the Florida Department of
Transportation (FDOT) to effectuate the West Atlantic Avenue
improvements to be conducted by the Community Redevelopment
Agency.
O. RESOLUTION NO. 67-99: Approve a resolution assessing costs
for abatement action required to remove nuisances on
twenty-five (25) properties throughout the City.
P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period October 18th through October 29, 1999.
Q. AWARD OF BIDS AND CONTRACTS:
1. Contract award in the amount of $798,253.30 to Man-Con,
Inc. for the S.W. 8th Avenue and S.W. 4th Street
Infrastructure Improvements project, with funding in the
amount of $195,000 from 442-5178-536-65.15 (Watermain -
S.W. 7th Avenue); $454,286.80 from 448-5461-538-63.95
(Stormwater Utility - S.W. 8th Avenue); $126,335.00 from
442-5178-536-61.84 (Sewer Rehabilitation); and $22,631.50
from 442-5178-536-61.78 (Water Distribution Improvements).
2. Three (3) year lease from Minolta Business Systems, Inc.
for an EP 5000 (Class 11) Pro Copier for the Finance
Department at an estimated total cost of $10,860.00 via
Florida State contract, with funding from 001-1511-531-
44.30 (Equipment Rental/Lease).
3. Award to Mears Motor Leasing for a one year lease in the
estimated amount of $37,320.00 for six (6) vehicles to be
used by the Police Department Vice Intelligence Division
and Narcotics Division, with funding from
001-2115-521-44.40 (Police Investigative - Vehicle
Rental/Lease).
-4-
Regular Commission Meeting
November 2, 1999
9. Regular Agenda:
A. CONDITIONAL USE REQUEST/HOLIDAY INN SUITES HOTEL: Consider a
request for conditional use approval to establish an 80 room
hotel (Holiday Inn Suites) in the PC (Planned Commercial)
District. The subject property is located on the south side
of S.E. 10th Street between S.E. 5th Avenue (southbound
Federal Highway) and S.E. 6th Avenue (northbound Federal
Highway), and contains 3.5 acres. QUASI-JUDICIAL PROCEEDING
B. CONDITIONAL USE REQUEST/JET SKI STATION: Consider a request
for conditional use approval to allow the indoor sale and
service of personal watercraft in the GC (General Commercial)
zoning district for Jet Ski Station. The subject property is
located at the southwest corner of S.E. 5th Avenue (southbound
Federal Highway) and S.E. 7th Street. NOTE: A request for a
continuance to the November 16th regular meeting has been
received from the applicant. QUASI-JUDICIAL PROCEEDING
C. CONDITIONAL USE REQUEST/PALM BEACH EQUIPMENT RENTAL & SALES:
Consider a request for conditional use approval to establish
the storage and rental of light construction equipment, and a
towing service with no outside storage, in the MIC (Mixed
Industrial and Commercial) District for Palm Beach Equipment
Rental & Sales. The subject property is located at the
northeast corner of West Atlantic Avenue and the E-4 Canal
(former Causeway Lumber site), and contains 1.5 acres.
QUASI-JUDICIAL PROCEEDING
D. CONDITIONAL USE REQUEST/PROFILES IN CONCRETE: Consider a
request for conditional use approval to establish an
ornamental cast concrete/stone manufacturing facility in the
MIC (Mixed Industrial and Commercial) District for Profiles in
Concrete. The subject property is located at the northeast
corner of Poinsettia Drive and Lime Lane, and contains 1.68
acres. QUASI-JUDICIAL PROCEEDING
E. CONDITIONAL USE REQUEST/DAY SPA IN AN EXISTING OFFICE
COMPLEX: Consider a request for conditional use approval to
establish a day space within an existing office complex at 909
Palm Trail. The subject property is located approximately 170
feet north of George Bush Boulevard between Palm Trail and
N.E. 9th Avenue. QUASI-JUDICIAL PROCEEDING
F. AGREEMENT WITH CHRIS EVERT CHARITIES, INC.: Consider approval
of a license agreement that would allow Chris Evert Charities,
Inc. to use the Tennis Center for a two-day Pro-Celebrity
Tennis Classic to be held on December 11 and 12, 1999.
G. RESOLUTION NO. 72-99: Consider approval of a resolution
supporting continued State funding of the Eastward Ho!
Initiative.
-5-
Regular Commission Meeting
November 2, 1999
RESOLUTION NO. 68-99: Consider approval of a resolution
authorizing the acquisition of certain property located at 114
N.W. 2nd Avenue, and accepting the contract stating the terms
and conditions for the sale and purchase between the Seller
and the City.
I. APPOINTMENT TO THE EDUCATION BOARD (STUDENT MEMBER): Appoint
a student member to the Education Board for a one year term
ending July 31, 2000. The appointment will be made by
Commissioner Randolph (Seat ~4).
10. Public Hearings:
A. BLOCK 77 PUBLIC HEARING.
1. Contract for Sale and Purchase between the Community
Redevelopment Agency and Block 77
2. Interlocal Agreement between the City and the CRA
3. Public Parking Facility Construction & Conveyance and
Worthing Park Contribution Agreement
B. ORDINANCE NO. 44-99 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending LDR Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District" Subsection 4.4.19(D), "Conditional
Uses and Structures Allowed", by deleting Subparagraph
4.4.19(D) (1) (c) and by adding a new Subparagraph
4.4.19(D) (2) (f) to allow 'Towing Services with Outside
Storage' as a conditional use in the MIC zone district. If
passed, a second public hearing will be scheduled for November
16, 1999.
C. ORDINANCE NO. 45-99 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending LDR Section 4.4.15, "Planned Office Center
(POC) District", Subsection 4.4.15(D), "Conditional Uses and
Structures Allowed", to provide for 'Restaurants, excluding
drive-in and drive-through facilities' as a conditional use in
the POC zone district. If passed, a second public hearing
will be scheduled for November 16, 1999.
'D. ORDINANCE NO. 42-99: An ordinance rezoning a parcel of land
commonly known as the Hegstrom property from R-l-AA (Single
Family Residential) District to R-1-A (Single Family
Residential) District. The subject property is located on the
north side of N.E. 22nd Street, approximately 450 feet east of
Seacrest Boulevard. QUASI-JUDICIAL HEARING
E. ORDINANCE NO. 40-99: An ordinance providing for a corrective,
small scale Future Land Use Map (FLUM) amendment from
Redevelopment Area #3 to Medium Density Residential (5-12
dwelling units per acre) for a portion of The Groves of Delray
property, located on the north side of Douglass Avenue between
S.W. 7th Avenue and S.W. 8th Avenue.
-6-
Regular Commission Meeting
November 2, 1999
F. ORDINANCE NO. 41-99: An ordinance rezoning a portion of the
Security Self-Storage Facility site located at the northeast
corner of Linton Boulevard and S.W. 4th Avenue from I
(Industrial) District to MIC (Mixed Industrial and Commercial)
District. This is a corrective rezoning for a one acre parcel
of the overall site. QUASI-JUDICIAL HEARING
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. 43-99 (REZONING FOR BORTON MOTORS): An
ordinance rezoning a parcel of land (Lots 37 & 38, Delray
Beach Estates) from GC (General Commercial) District to AC
(Automotive Commercial) District. The subject property is
located on the east side of North Federal Highway, immediately
north of the Borton Volvo/Volkswagen dealerships. If passed,
a quasi-judicial public hearing will be scheduled for November
16, 1999.
B. ORDINANCE NO. 46-99 {DESIGNATING FELLOWSHIP HALL AT FIRST
PRESBYTERIAN CHURCH AS LOCAL HISTORIC SITE): An ordinance
designating the Fellowship Hall of the First Presbyterian
Church of Delray Beach (Lots 16, 17, 18 & 19, Block 3, Ocean
Park Subdivision) as a local historic site and adding it to
the Local Register of Historic Places. If passed, a public
hearing will be scheduled for November 16, 1999.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
WHEREAS, the Bible has been a constant source of moral and
spiritual guidance for many people throughout the centuries; and
WHEREAS, the Bible has profoundly influenced art, literature, music,
and codes of law; and
WHEREAS, the Bible has motivated many to acts of compassion and
charity; and
WHEREAS, for fifty-nine years women and men of many faiths have
banded together with the National Bible Association to sponsor National
Bible Week as a time to be reminded of the Bible's unique place in
American life; and
WHEREAS, this annual celebration has encouraged the reading of
the Bible.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim
November 21Stto November 28, 1999 as
BIBLE WEEK
and encourage interested citizens to participate in this observance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the City of Delray Beach, Florida, to be affixed this 2nd
..day of November, 1999.
MAYOR
JAY ALPERIN
RECEIVED .., ii, ii
::, CITY MANAGER , '
CITY OF PHILADELPHIA
OFFICE OF THE MAYO~ EDWarD ~. ~ENDELL
~OOM 21S CITY HALL
PHILADELPH}A, PENNSYLVANIA 19107-~2~5
(215) 686-2181
FAX (215) 686-2170
Dear Fellow Mayor:
The National Bible Association is sponsoring for the 59th consecutive year the interfaith observance
of National Bible Week. It will take place November 21 to 28, 1999.
I am privileged to serve as Chair of the Mayor's Committee for this celebration. I ask that you issue
a proclamation calling for Bible Week observance. A draft is enclosed for your use. Please adapt this in whatever way
you wish.
For National Bible Week, the sponsors are providing the media with materials for a public service
advertising campaign designed to remind all Americans of the Bible's importance. Also, nonsectarian biblical materials
are being provided for free distribution in local observances throughout the nation.
If you send a copy of your proclamation to the Chair of National Bible Week, William E. Simon, it
will be displayed at the National Bible Week Interfaith Inaugural Luncheon, which will be held at the Waldorf-Astoria
in New York City on Thursday, November 18, 1999.
Send your proclamation to:
National Bible Association
1865 Broadway, 7th Floor
New York, New York 10023
Attention: Mn William E. Simon
National Chair
It should reach the office by November 12 to be included in the display at the luncheon.
I greatly appreciate your cooperation in this effort.
Sincerely yours,
EDWARD G. RENDELL
Mayor's Chair
National Bible Week 1999
EOR/dmc
Enclosure
DRAFT TEXT
of
Mayor's
Proclamation for
BIBLE WEEK,
November 21 - 28, 1999
WHEREAS, the Bible has been a constant source of moral and spiritual guidance for
many people throughout the centuries; and
WHEREAS, the Bible has profoundly influenced art, literature, music, and codes of
law; and
WHEREAS, the Bible has motivated many to acts of compassion and charity; and
WHEREAS, the Bible continues to provide inspiration, hope and comfort for millions
of Americans today; and
WHEREAS, for fifty-nine years women and men of many faiths have banded together
with the National Bible Association to sponsor National Bible Week as a
time to be reminded of the Bible's unique place in American life; and
WHEREAS, this annual celebration has encouraged the reading of the Bible;
NOW THEREFORE, I, , Mayor of the City of ,
hereby do Proclaim November 21 to 28, '1999 as "BIBLE WEEK" in the City of
, and encourage interested citizens to participate in this observance.
IN WITNESS WHEREOF, I hereunto have set my hand and caused the seal of the
City of be affixed this th day of ., 1999.
WHEREAS, the Sister City Program was initiated by President Dwight D. Eisenhower in 1956
as an avenue to open communication and a means to promote friendship and understanding between
nations and lessen the chance of. future world conflicts; and
WHEREAS, the Sister City program serves as a vehicle to bring people of different geographic
areas of the world together. To that end, the City of Delray Beach, Florida and Miyazu, Japan
established a Sister City affiliation in April 1977; and
WHEREAS, during the past 22 years our communities have had city officials and citizens
exchange visits and has recently established Student and Business Exchange Programs. Delray Beach is
enthusiastically receiving its first Student Exchange Delegation from Miyazu arriving on October 30,
1999; and
WHEREAS, the .following students and teacher will be staying with Delray Beach .families and
attending Atlantic High School;
Mrs. Misae Goto Mr. & Mrs. David Schmidt
(Teacher Miyazu High School)
Mr. NObuyuM Ni~himura Mrs. Peggy Murphy
(Miyazu High SchooO (Ben & Noah Gabarino)
Ms. Machil~o Kitamura Mr. & Mrs. Bob Federspiel
(Miyazu High School) (Becky Federspiel)
Ms. Moeko Sakane Mr. & Mrs. Joseph Ferret
(Miyazu High School) (Alexandra and Darien Ferrer)
Ms. Akari Miyal~e Mr. & Mrs. Jan Hansen
(Miyazu High School) (Francesca Hansen)
Mr. Tal~ashi Murase Mrs. & Mrs. David Minter
(Ocean High School) (William Minter)
Ms. Mai lwasa Mr. & Mrs. Leonard Butler
(Gyosei High School) (Elizabeth Butler)
and participating in school actives with their host student. During their visit they will be experiencing a
welcome barbecue, traditional.family activities, visiting the assembly site of Delray's 100' Christmas
Tree, taking a tour of the Morikami Japanese Museum and having dinner at Boston's On The Beach.
NOW, THEREFORE, I, JA Y ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf
of the City Commission and citizens of Delray Beach, do hereby welcome the Teacher and Students from
Miyazu, Japan and encourage the students to continue their studies and desire to lean more about people
of different cuitures while promoting friendship and understanding between our two great cities.
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 2~ day of November, 1999.
Jay Alperin
Mayor
DELRAY BEACH
AII-AmedcaClty
1993
MIYAZU STUDENT DELEGATION
Mrs. Misae Gotoh (Ocean High School Teacher)
(Mr.) Nobuyuki Nishimura (Miyazu High School student)
(Ms.) Machiko Kitamura (Miyazu High School student)
(Ms.) Moeko Sakane (Miyazu High School student)
(Ms.) Akari Miyake (Miyazu High School student)
(Mr.) Takashi Murase (Ocean High student)
(Ms.) Mai Iwasa (Gyosei High School student)
The Miyazu student delegation will attend the November 2, 1999,
City Commission meeting along with their host families.
RESOLUTION NO. 70-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
NORMAN. SMITH FOR THIRTY YEARS OF DEDICATED SERVICE
TO THE CITY OF DELRAY BEACH.
WHEREAS, Norma N. Smith was hired by the City of De[ray Beach on October 27, 1969; and
WHEREAS, on October 27, 1999, Norma Smith reached a milestone in her career, having
achieved thirty (30) years of continuous, full-time service with the City of Delray Beach; and
WHEREAS, during the past thirty years, Norma has been a dedicated and loyal employee, gifted
with wisdom, serving as a mentor to her peers, a counselor to her managers, an encourager and a leader, always
exhibiting a positive "can do" attitude; and
WHEREAS, the City of Dekay Beach and the Community Improvement Department are
honored to have Norma N. Smith as an employee. We feel especially proud of her work effort and
contributions to the City, and recognize the fact that she is known throughout the town for her excellent
customer service and thorough working knowledge on a variety of subjects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of De[ray Beach hereby recognizes and
commends Norma N. Smith for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere thanks and
appreciation to Norma N. Smith for her many years of service, and further wishes her the best of health and
happiness as she continues her career with the City of De[ray Beach.
PASSED AND ADOPTED in regular session on this the 2na day of November, 1999.
MAYOR
ATTEST:
CITY CLERK
RECEIVED
0 C T 2 1 1999
GOVERNMENT FINANCE CITY MANAGER
OFFICERS ASSOCIATION
180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601
312/97%97OO · Fax: 312/97%4806
October 15, 1999
Mr. David T. Harden
City Manager
City of Delray Beach
100 N. W. 1 st Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
I am pleased to notify you that the City of Delray Beach, Florida has received the Distinguished
Budget Presentation Award for the current year, from the Government Finance Officers
Association (GFOA). This award is the highest form of recognition in governmental budgeting
and represents a significant achievement by your organization.
When a Distinguished Budget Presentation award is granted to an entity, a Certificate of
Recognition for Budget Presentation is also presented to the individual or department designated
as being primarily responsible for its having achieved the award. This has been presented to:
Regina Frazier, Budget Administrator
We hope you will arrange for a formal public presentation of the award, and that appropriate
publicity will be given to this notable achievement. A press release is enclosed for your use.
We appreciate your participation in GFOA's Budget Awards Program. Through your example,
we hope that other entities will be encouraged to achieve excellence in budgeting.
Sincerely,
Jeffrey L. Esser
Executive Director
JLE/af
Enclosure
WASHINGTON OFFICE
1750 K Street, N.W., Suite 350, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755 7'-~.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING~
FROM: SCOTT PAPE, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 2, 1999 **CONSENT AGENDA**
ACCEPTANCE OF A WATER SERVICE AGREEMENT ASSOCIATED WITH
THE DEVELOPMENT OF THE WINTERPLACE PUD AT THE SOUTHEAST
CORNER OF MILITARY TRAIL AND THE L-30 CANAL.
!
The subject property (34.62 acres) is located within the County's jurisdiction and is seeking a
Water Service Agreement from the City for a project to be known asWinterplace, a proposed
151 zero lot line residential development. The water service agreement includes an agreement
of voluntary annexation (when contiguous) as well as an agreement to comply with the City's
Land Development Regulations (LDR's) with development of the property. The project cannot
be annexed at this time, as it is not contiguous to the City's borders.
The property contains an existing nursery (agricultural) operation known as Southern
Ornamental Plants, which was previously approved for a water service agreement. The City
Commission approved another water service agreement for 173 single-family homes on the
property on February 4, 1997. The associated development proposal for that project expired,
and the current proposal has been submitted for consideration by the City. On September 8,
1999, the Palm Beach County Development Review Committee approved the current
(conceptual) development plan for the 151-unit Winterplace PUD. On October 11, 1999, the
Planning and Zoning Board approved the proposed Master Development Plan for the project.
The project was reviewed under the PRD (Planned Residential) criteria, as this would be the
initial zoning if annexation were considered. The detailed site plan, as well as the landscape
plan and building elevations must be approved by SPRAB. The project is simultaneously
seeking site development approval from the County. The Assistant City Attorney has reviewed
and approved the agreement as to form and sufficiency, and the agreement is acceptable to the
Environmental Services Department.
By motion, approve the standard water service agreement for the Winterplace PUD subject to
submittal of a site plan application for consideration by SPRAB (Site Plan Review and
Appearance Board).
Attachments:
· Agreement for Water Service
· Location map and Site Development Plans
--- PREPARED BY:
RETURN TO:
Susan A. Ruby, Esq.
City Attorney
200 NW 1'~ Avenue
Delray Beach, Flodda 33444
AGREEMENT FOR WATER SERVICE
This agreement,j~ade on this day of ,19 , by and
between Z:~,',',~,4'/~.,~ ~ ./~'/.~.~ ~ Z~',,~c ~ ~. C. ' ....
hereinafter called tl~e CUSTOMER, and/the CITY OF DELRAY BEACH, a municipal
corporation of the State of Florida, hereinafter called the CITY.
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and in consideration of
the privilege of receiving water service from the Municipal Water System, agrees to the
following:
1. The CUSTOMER agrees to pay all costs of engineering, materials, labor,
supervision, inspection, and testing in order to install the total length of extension
necessary, in the professional opinion of the Director of Environmental Services, to
provide service to the CUSTOMER'S premises. The CUSTOMER shall be
responsible for the installation and conformance with all applicable codes, rules,
standards and regulations of all service lines, and connections on the
CUSTOMER'S premises. The CITY shall have the option to perform the necessary
work or the CITY may have such work performed by outside forces in which case
the CUSTOMER shall pay in advance, all estimated costs thereof. In the event the
CITY has such work performed, the CUSTOMER shall remit such advance funds
and any additional funds as may be necessary to pay for the actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used only by the
CUSTOMER, unless permission is granted by the CITY for other party or parties to
so connect. If the CITY requires upsizing or increased capacity beyond what is
determined to be adequate by the Director of Environmental Services in size and/or
capacity, a pro-rata refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require alternative bids to
document the increased sizes or capacity to establish these cost differences. The
CUSTOMER acknowledges that its fight to receive any refund pursuant to this
paragraph is subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
-1-
3. Title to all mains, extensions and other facilities extending from the CITY water
distribution system to and including the meter to service the CUSTOMER shall be
vested to the CITY exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and rates for service and
equipment in connection with water service outside the CITY limits applicable under
the CITY'S ordinances and rate schedules which are now applicable or as may.be
changed from time to time.
5. Any rights-of-way or easements necessary shall be provided by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER, his
transferees, grantees, heirs, successors, and assigns, that all water to be furnished,
supplied, and sold under this agreement is made available from a surplus. If a
surplus does not exist at the time of the CUSTOMER'S actual request for
commencement of service, as determined by the CITY'S Environmental Services
Director, then the CITY without liability may refuse to initiate service to the subject
premises.
7. The CUSTOMER further agrees in consideration of the privilege of receiving water
service from said CITY, that the execution of this agreement is considered a
voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes
or any successor or amendment thereto.
Furthermore, should any other general law, special act, or local law be enacted
which provides for voluntary or consensual annexation, this agreement shall also
be considered a petition and request for annexation under such other laws. The
premises shall be subject to annexation at the option of the CITY at any time
they are eligible under any one or more of the above-referenced laws concerning
annexation. The legal description of the subject premises is as follows:
SEE ATTACHED EXHIBIT "A"
The CUSTOMER acknowledges that this covenant for annexation is intended to
be and is hereby made covenant running with the land hereinabove described.
That this agreement is to be recorded in the public records of Palm Beach
County, Florida, and that the CUSTOMER and all subsequent transferees,
grantees, heirs, successors, and assigns of the CUSTOMER shall be bound by
this annexation agreement.
7a. It is understood by the CUSTOMER that the CUSTOMER by signing this agreement
is hereby providing written consent to the Stormwater Management Assessment
levied by the City pursuant to its ordinance and Florida Statutes, Chapter 197. This
consent is a written covenant running with the land. This agreement shall be
recorded in the Public Records of Palm Beach County, Florida. The CUSTOMER
and all subsequent transferees, grantees, heirs, successors, and assigns of the
CUSTOMER shall be bound by this written consent to the Stormwater Management
Assessment.
8. It is hereby agreed that the CITY shall have no liability for the termination of water
service to the premises, if the City Commission shall determine that it is appropriate
to protect the public health, safety and welfare of the property or inhabitants in the
City of Delray Beach, so long as the premises remain outside of the CITY limits. In
the event the City Commission makes such a determination, the CITY shall be and
is hereby authorized to discontinue water service to the premises upon ninety (90)
days notice given by the CITY. In the event that the City Commission of the CITY
determines that it is necessary to permanently discontinue water service to the
above property, then the CITY shall execute a recordable release of this water
service agreement which shall be recorded at the expense of the CUSTOMER.
9. In addition to the limitation of the CITY'S liability under Paragraph 8 above, it is
agreed the CITY shall have no liability in the event there is a reduction, impairment
or termination in water service to be provided under this agreement due to any
prohibitions, restrictions, limitations, or requirements of local, regional, state, or
federal agencies or other agencies having jurisdiction over such matters. Also, the
CITY shall have no liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes, boycotts,
blackouts, fire, earthquakes, other causalities, or other circumstances beyond the
CITY'S reasonable control.
10.The CUSTOMER hereby agrees to indemnify, defend and hold harmless the City of
Delray Beach, Florida, its Mayor, members of the City Commission, officers,
employees, and agents (both in their individual and official capacities) from and
against all claims, damages, lawsuits, and expenses, including reasonable
attorneys' fees (whether or not incurred on appeal or in connection with post-
judgment collection) and costs arising out of or resulting from the CUSTOMER'S
obligations under or performance pursuant to this agreement.
-3-
11. No prior or present agreements or representations shall be binding upon any of the
parties hereto unless incorporated in this agreement. No modification or change in
this agreement shall be valid or binding upon the parties unless in writing executed
by the parities to be bound thereby.
12.The water use granted by this agreement is for the quantity of 152 tap(s) located
on the property described in Paragraph 7, above. The water shall be in conjunction
with a zero lot line resident;iai use as depicted upon the plan known as
Winterplace PUD and approved by the Planning and
Zoning Board on October 11, 1999 Any water furnished under
this agreement shall not be used for irrigation purposes unless such use is
specifically and separately approved by the Director of Environmental Services.
13.As an expressed condition of this agreement, the CUSTOMER further agrees to
abide by all ordinances of the CITY which are in effect at the time of development,
redevelopment, or renovation on the site and which pertain to land use and
development matters. Such matters include, but are not limited to signage,
landscaping, architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements of the
CITY shall be imposed which shall have the effect of diminishing a County
development standard or requirement. In such cases, the CITY requirement shall
be subservient and no further action of waiver or variance shall be required.
14.Water service, pursuant to this agreement, must be activated within two years of the
date of this agreement or said agreement shall be void. This agreement shall also
become void upon annexation to the City of Delray Beach.
15.This agreement and the terms and conditions thereof shall be binding on all
successors, heirs and assigns of the CUSTOMER and this agreement shall be
recorded in the Public Records of Palm Beach County, Florida.
IN WITNESS WHEREOF the parties hereto have this agreement the day and year first
wdtten.
WIZard. ,,.,.,,~>ESS: (as tocustomer) cU~ ~,~/~/¢~, ~ ~-'~£//~'~/'/~£'~'~
(Sign) (Sign) r
(Name p~nted/~r typ~ written) (Name printed or type
(~A~ BRA~L~' : t/ (Address) ~~i/ ~/~7/2 ~
(Name printed or ~pe w~en)
COUN OF
he forgoing instrument ~as ackn~ledged ~efore mp this ~ , day of
p~rsonally known to me or has produced
(Type of Identifi~tion) aS identification and who did ~did not) take an oath.
(~inted ~am~ of Nota~ public) (Signature ~ ~W Public)
Commission ~q ~ ~Z] , My Commission ~pires I0 ~00
(NOTARY'~ SEAL)
STATE OF '.~,~~pims ~ 7, 2~2
COUN~ OF
The foregoing instrument was acknowledged before me this .. , of ,
19 . . , by (name & ~e of officer or agent),
of (name of co~oration
acknowledging), a (state or place of in~mfion)
co~oration, on behalf of the
co~oration. He/She is pemonally known to me or has produced
(~pe of identffi~fion) as identifi~tion and who did (did not) take an oath.
(Pdnted Name of Notary Public) (Signature of Notary Public)
Commission # , My Commission Expires
(NOTARY'S SEAL) ..
-5-
Legal De~scription Approved by the Planning & Zoning Department:
Form Approved by the City Attorney's Office:
(Sign)
ATTEST: CITY OF DELRAY BEACH
(City Clerk) (Mayor)
-6-
EXHIBIT "A"
LEGAL DESCRIPTION:
Northwest Quarter of the Northwest Quarter of Section 12, Township 46 South,
Range 42 East, Palm Beach County, Florida; LESS AND EXCEPT THEREFROM
that portion of the above described property described as Military Trail (Florida
Road No. 809) as now laid out and in use.
ALSO, LESS AND EXCEPT THEREFROM that property set forth as Parcel 52 in
that Order of Taking filed in Palm Beach County Circuit Court under: Case No. CL-
88-6361-AG and recorded in Official Records Book 5816, Page 258.
ALSO LESS AND EXCEPT THEREFROM the North 140.25 feet of the above
described property for right-of-way of the Lake Worth Drainage District Lateral
Canal No. 30.
Said lands situate, lying and being in Palm Beach County, Florida.
CANAL L-50 CANAL L-50
LAKE WORTH
IC~ ~ -
u I~. ES
FERNDAL[ ~ DRI~ : , 6~ ' S . .
~ WINTERPLACE PUD
c~ OF DE~AY ~EAC~. FL - MASTER DEVELOPMENT P~N & WATER SERVICE AGREEMENT -
PLANNING ~ ZONING DEPAR~ENT
m
JBA
Julian Bryan ~ Associates
F~AL SUBDIVISION PLAN
~ ~.~ WINTERPLACE PUD
CONSIDERATION OF A REQUEST TO ALLOW A TEMPORARY
BANK FACILITY AT ATLANTIC PLAZA~ LOCATED AT THE
NORTHEAST CORNER OF EAST ATLANTIC AVENUE AND NE
7TM AVENUE
This proposal is in conjunction with the Town Square development, a mixed-use
project to be located on the south side of NE 1st Street between NE 5th Avenue
(southbound Federal Highway) and NE 6th Avenue (northbound Federal
Highway). The proposal involves the demolition of the existing Republic Security
Bank building (95 NE 5th Avenue), drive-thru facility and associated parking and
construction of a 4-story office/bank building and 22 townhouse units.
The developer is requesting the placement of a temporary modular building
within the Atlantic Plaza shopping center for the use of a banking center for a
period of up to one year while the Town Square project is being completed. An
off-site location was selected as it was felt that the placement of the modular
building on-site during construction would create numerous traffic conflicts. As
permits for temporary modular buildings are not included within the list of
allowable temporary uses provided in LDR Section 2.4.6(H)(1), approval of a
waiver from the City Commission is required.
Atlantic Plaza shopping center is located at the northeast corner of East Atlantic
th
Avenue and NE 7 Avenue and is zoned Central Business District (CBD). The
site plan for the project was approved in 1984 with a total building area of 80,000
square feet which included a drive-thru facility for the former Great Western
Bank. The proposal is to locate a 1,100 square foot modular building adjacent to
the drive-thru facility at the northwest corner of the site, which will be used in
conjunction with the proposed banking operations. Within the CBD, drive-thru
facilities in conjunction with a bank require conditional use approval. The
conditional use for this facility has expired, since it has been abandoned for a
period exceeding six months. If the use were to be re-established on a
permanent basis, a new conditional use approval would be necessary.
City Commission Documentation
Meeting of November 2, 1999
Temporary Bank Facility at Atlantic Plaza
Page 2
LDR Section 4.4.13 (G)(1)(a) states that parking must be provided in this portion
of the CBD at a rate of 1 space per 300 square feet of new nonresidential floor
area. With the installation of the modular building all of the excess parking for
the shopping center (9 spaces) will be eliminated. Based on the above a total of
4 parking spaces are required. While the site will be deficient by 4 spaces, this is
a temporary situation and the parking being eliminated must be replaced in its
current configuration once the modular building is removed.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body must make a finding that granting the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for another
applicant or owner.
The proposed modular building will be located in a commercial parking lot
adjacent to an existing drive-thru facility that was previously used by another
bank, and will not adversely impact the neighboring area. The site modifications
have been designed in a manner that will create the least possible disruption to
the circulation within the parking area. While the available parking spaces will be
reduced, the situation is temporary, and will enable the Republic Bank to
continue its operations in the area while constructing a major new office building
that will be a long term asset to the downtown.
By motion, approve a Temporary Use Permit for the placement of a modular
building to allow a temporary bank facility within the Atlantic Plaza shopping
center for a period not to exceed one year from the date of issuance of its
Certificate of Occupancy, based upon positive findings with respect to LDR
Section 2.4.7(B)(5), subject to the following condition:
1. That a site plan modification be processed and approval obtained from the
Site Plan Review and Appearance Board.
2. That the site be fully restored in compliance with the approved site plan for
Atlantic Plaza once the trailer is removed.
Attachment:
~ Site Plan
TO: DAVID T. HARDEN, CITY MANAGER ~ ~>'V~/t,,4-
FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR ~_)\
SUBJECT: MEETING OF NOVEMBER 2, t999 **CONSENT AGENDA**
CONSIDERATION OF A REQUEST TO ALLOW AN OFF-SITE TEMPORARY SALES
TRAILER FOR THE ESTUARY DEVELOPMENT (FORMER YAKE PROPERTY)
The Estuary is an 82-unit townhouse project located at the north end of Palm Trail, north of Denery Lane,
adjacent to the Intracoastal Waterway. The site is in the process of being cleared for development, and the
developer, Porten Companies, is ready to start construction of the models. They have requested permission
to place a temporary sales trailer on property immediately south of their development on the west side of Palm
Trail. The property currently includes a one story duplex and a large vacant area where the 12' x 60' trailer will
be placed (see attached sketch plan). A mulch parking area containing six (6) spaces is included. The sales
trailer will be moved on-site once an area is made available (approximately six months).
The Chief Building Official has authority to approve sales trailers when they are located on the same property
as the actual development. As the proposed trailer is to be located off-site, City Commission approval of a
waiver to Section 2.4.6(H)(1) is required.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that
granting the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar
circumstances on other property for another applicant or owner.
Palm Trail is the primary access to The Estuary development. The proposed sales building will be located on
the closest available vacant property at the north end of the road. Approval of the trailer at this location will
enable the developer to safely clear the Estuary property and construct the model center without posing a
hazard to prospective buyers. A similar waiver was granted to accommodate an off-site sales trailer for the
Coral Trace development, north of Atlantic Avenue. Once an area is available on-site for the sales trailer, this
temporary location will be cleared and restored to its original condition, or better.
By motion, approve a Temporary Use Permit for the placement of a temporary off-site sales trailer for The
Estuary, based upon positive findings to LDR Section 2.4.7(B)(5), for a period not to exceed six (6) months,
subject to the following conditions:
1. Submission of a landscape plan; and
2. That the mulch parking area be removed in its entirety and the area re-sodded once the trailer is removed.
Attachments:
· Letter of Request
· Sales Trailer Site Plan,
· Location Map
LANDSCAPE
AI~v~CTUP~E
PLA~b~ING
R
Y
October 27, 1999
N Ms. Diane Dominguez
E City of Delray Beach Planning Department
a. 100 NW First Avenue
Delray Beach, FL 33444
~ RE: The Estuary
Temporary Use Permit
Dear Diane,
I am writing to, request permission to place a temporary sales trailer on lhe property adjacent to
0 the south of the main entry to the Estuary.
Due to the current construction activities taking place on site there is no accessible ama to
A place the trailer. The owner of the adjacent property has agreed to allow us to use the south
end of his property as shown on the attached site plan. Beth properties are zoned RL. We
would anticipate having an area for the trailer on our property within 6 months. The proposed
sales trailer will be 12' x 60' and we will provide a temporary mulched parking area for 6
S vehicles. The trailer and the parking area will be landscaped.
O If you have any questions or require additional information please do not hesitate to call.
F Sincerely,
F J~~ of F~dda, Inc.
O
R Debora Turner, ASIA
President
Cc: Ken Wells, Porten Company
277 S.E. 5th Avenue Delray Beach, Florida 33483 (561) 276-0453 Fax 997-8667
ALLEN
ROYAL PALM BLVD.
EASTVlEW AVE.
THE ESTUARY
LAKE AVENUE N.
N.E. 14TH ST. 1-STORY
DUPLEX
'"'J LAKE AVENUE S.
SALES
TRAILER
DENERY
BOND way
·
WITHERSPOON LANE
McKEE LN.
l WA TERWA Y NORTH CONDO
INLET
OVE
GEORGE BUSH BOULEVARD . , GEORGE
LANDINGS
I I I [ I I II I I I I I CHURCH II DELRAY I I CONDO
~ LOCATION OF TEMPORARY SALES TRAILER
CITY OF DELRAY BEACH. FL - FOR THE ESTUARY DEVELOPMENT (f.k.a. YAKE PROPERTY) -
PLANNING & ZONING DEPARTMENT
-- OIGI?'AL BASE 1~I/4P SY~Z'E/I¢ -- MAP REF: LM404
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~.~
SUBJECT: AGENDA ITEM # ~7~) - REGULAR MEETING OF NOVEMBER 2, 1999
SERVICE AUTHORIZATION #1/KIMLEY-HORN & ASSOCIATES
(STORMWATER MASTER PLAN UPDATE)
DATE: OCTOBER 27, 1999
This is before the City Commission to approve Service Authorization #1 in the amount of $58,591.00
with Kimley-Horn & Associates, Inc. for professional services to update the City's existing
Stormwater Master Plan.
The consultant will prepare a revised master plan to redefine the master drainage basin boundaries,
prioritize areas in need of drainage improvements, and recommend feasible, cost-effective
alternatives. The scope of this update is limited to the area of the City that lies east of Interstate~95.
Funding will be from 448-5461-538-65.10 (Stormwater Master Plan).
Recommend approval of Service Authorization #1 with Kdmley-Horn & Associates for an update to
the Stormwater Master Plan.
RefiAgmemol 6.ServiceAuth.gl.Kimley-Horn. Stormwater Master Plan Update
Agenda Item No. ~_Z~
AGENDA REQUEST
Date: 21-Oct-99
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: 02-Nov-1999
Description of item (who, what, where, how much): Commission approval/authorization for
Mayor to execute Service Authorization # 1 with Kimley-Horn & Associates, Inc. This Service
Authorization provides for an update to the existing Storm Water Master Plan. The scope of this
update is limited to the area of the City that lies east of 1-95. Total cost for this Service
Authorization is $58,591.00. Funding is available from account # 448-5461-538-65.10.
ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval/authorization_.., of Service Authorization # 1 with
Kimley-Horn & Associates, Inc...._.~._ ~,,,.~_ ~ //
Department head signature ~.~...~_~.~ ' ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (~ed on all items involving expenditure of funds):
Funding available. Y~NO
Funding alternatives-- .(if applicable)
Account No. & Description 448-5461-538-65.10 (Storm Water Master Plan)
Account Balance $60,000.00
City Manager Review:
Approved for agenda~/w.~/{ ~O
Hold Until: '~r~ 1
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Ag520.doc
~ESSRVOO2~DEPARTMENTS~EngAdmin~Projectst2OOO~2OOO-OOgiOFFICIAL tagendaO1.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, P.E., City Engineer/~~
DATE: 21-Oct-99
SUBJECT: Storm Water Master Plan
Project # 2000-009
Commission Agenda Item
Service Authorization # 1 with Kimley-Horn & Associates, Inc.
Attached is an agenda item for Commission approval/authorization for the Mayor to execute
Service Authorization # 1 with Kimley-Horn & Associates, Inc.
This Service Authorization provides for an update to the existing Storm Water Master Plan. The
scope of this update is limited to the area of the City that lies east of 1-95. The final report will
include exhibits showing drainage basins, problem areas, modeling output, identified
improvements, and related cost estimates.
All work will be completed within 110 working days from date of Authorization to Proceed.
Total cost for this Service Authorization is $58,591.00.
Funding is available from account # 448-5461-538-65.10.
Please place this item on the 02 November 1999 Commission meeting.
enc
cc: Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
S:~ngAdmin~Projects~OOOt2OOO-OOgtOFFIClAL tagendamemoOl.doc
10/12/99 TIlE 13:50 FAX 561 863 6392 KIMLEY-HORN ~002
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
TITLE:
I. PROJECT DESCRIPTION
The City has requested that Kimley-Horn and Associates, Inc. (CONSULTANT) prepare a revised
storm water master plan to redefine the master drainage basin boundaries, prioritize areas of
improvements, and recommend feasible cost-effective alternatives. This analysis will focus east of
1-95 as requested by the City.
II. SCOPE OF SERVICES
CONSULTANT proposes to provide thc following consulting engineering services under this
Service Authorization. A detailed spreadsheet is attached as Exhibit A. This Exhibit details the
specific tasks to be performed under this Consulting Services Authorization with associated man
hours.
A. DATA COLLECTION
The following information will be provided by the City: City of Delray Beach Drainage Atlas,
aerial photography, planimetrics east of 1-95, road crown and manhole cover elevations east of 1-95.
This data and supplemental information acquired from other sources will be reviewed to re-establish
basin boundaries and to facilitate an evaluation of the existing storm water management facilities,
identification of drainage problems, and recommend improvements. Our analysis will focus on
drainage basins east of 1-95, with a general review of conditions west ofi-95. This information will
be supplemented with field reviews of the "problem" areas as described in a subsequent task.
Specific services to be provided under this task include:
· Detailed review of the City of Delray Beach Drainage Atlas
Review of recent aerial photography in the "problem" areas
· Review of the existing NPDES permit conditions applicable for the City of Defray Beach
· Inventory of all South Florida Water Management District (SFWMD) and Lake Worth Drainage
District (LWDD) permits within the service area
· Detailed review of SFWMD and LWDD permit requirements and discharge criteria where
applicable
· Meetings with SFWMD and LWDD stafffor clarification of applicable requirements
· Review ofplanimetries east ofi-95
· Review of road crown and manhole cover elevations east ofi-95
· Review of supplemental, information, where available
B. PROJECT MEETINGS
Since i npnt from City staff: is vital to our understanding of City objectives and concerns, frequent
communication with the City will be initiated tkrough progress meetings, written and verbal
correspondence, and progress reports submitted with each invoice. We will meet with City staffto
identify their primary areas of concern, discuss our approach, and discuss alternative improvements,
CONSULTANT will conduct one kickoff meeting to discuss city objectives, up to three monthly
progress meetings, and one meeting to discuss our recommendations before issuing our draft report.
10/12/99 TI. YE 13:51 FAX 561 863 6392 KI~LEY-HORN ~005
C. FIELD REVIEWS
CONSULTANT will conduct a maximum of three site visits with City st,afl'to review areas prone to
flooding and evaluate the condition of existing facilities. Additional field visits will be conducted as
necessary to assist in establishing drainage basin boundaries and to verify runoff characteristics and
drainage patterns within the basins for use in the modeling task.
D. STORM WATER MODELING AND ANALYSIS
CONSULTANT will analyze the information obtained from the data collection, field reviews, and
hydrologic references to define the drainage characteristics in the problem areas and develop
alternative improvements to alleviate the drainage problems. Specific activities will include:
· Calculate time of concentration, percent impervious, soil storage, basin areas, basin stage versus
storage
· Calculate SFWMD retention requirements
Develop a storm water model of the top three priority basins in their current condition using
Interconnected Cl~annel and Pond Routing software (version 2.11) and run model for up to three
rainfall events
Calculate storage requirements for each basin to contain all drainage.
E. RECOMMENDATIONS AND DRAFT REPORT
CONSULTANT will present the results of our analyses to City staff and discuss alternative
drainage improvements prior to finalizing the written report. Cost estimates of alternatives will be
prepared as directed by City staff. CONSULTANT will coordinate closely with City staff to select
the most feasible alternatives and to recommend phasing of the drainage improvements. A draft
report will be prepared for review by City staff. The report will describe our research and analyses,
present model results and calculations, and detail our final recommendations for phased
improvements.
F. FINAL REPORT AND EXHIBITS
After receiving comments from City staff, a final report will be prepared complete with exhibits.
We anticipate the following exhibits:
· Basin maps
· Base map of City with problem areas identified
· Base map of City with proposed improvements identified by phase
· Stom~ water model graphical output
Cost estimates
1II. BUDGET
CONSULTANT will provide the services listed above for the lump sum mount of $$&$91
The attached budget spreadsheets detail the estimated level of effort for ea~h task and subtask
including man-hours, estimated wage rates by employee category, reimbursable expenses, and
office expenses. CONSULTANT will complete the analyses and present our findings to the City
within ninety (90) days after written Authorization to Proceed. A final report will be delivered
within four weeks of verbal presentation.
IV- COMPLETION DATE
This service authorization is approved contingent upon the City's acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by the
previous service authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or service authorization, the City may terminate the contract without
incurring any further liability. The 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.
__10/1.2/99 TUE 13:51 FAX 561 863 6392 KIMLEY-HORN ~004
Approwd by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date .~ ~ /'/.-~-/~
Mayor ~ // (S,a~~
A~est: A~est:
Approved as to Legal
Sufficiency and Form BEFORE ME, the foregoing instrument, this
day of ,199
was acknowledged by
on behalf of the Corporation and said person
executed the same free and voluntarily for the
purpose there-in er;pressed.
Witness my hand and seal in the County and
STate aforesaid this day of
, 199_
Notary Public
State of Florida
My Commission Expires:
Q:~?RUCEkDelray\A ! fey.doc
10/~2/99 TUE 12:03 FAX 561 863 6392 KI~LEY-HORN ~002
-fi
PAX 561 863 6392 KIMLE¥-HORN ~003
10/~2799 TUE 12:04 FAX 561 $63 ~92 KIMLEY-~ORN ~004
10/1{/99 TUE 12:04 FAX S61 863 6392 KIMLEY-HORN ~0o5
10712/99 TUE 12:04 FAX 561 863 6392 KIMLEY-HORN ~006
o ¢ T 2 5 1999
lily OF OELRII¥ BEII[H
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
1993
TO: City Commission ~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Hold Harmless Agt. - Old School Square - First Night
Attached please find a hold harmless agreement between the City and Old School Square
COSS") in which OSS will hold the City harmless and indemnify us for any claims or
actions that arise out of any activity conducted by OSS in relation to the First Night 2000
event.
By copy of this memo to David Harden, City Manager, our office requests that this item
be placed on the November 2, 1999 City Commission agenda. Please call if you have
any questions.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Joe Gillie, Old School Square
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT, is entered into this day of
, 1999 by and between the CITY OF DELRAY BEACH, FLORIDA, a
Florida municipal corporation (hereinafter referred to as "CITY") and OLD SCHOOL
SQUARE, INC., a Florida Corporation (hereinafter referred to as "OSS").
WITNESSETH:
WHEREAS, OSS seeks to hold its First Night 2000 Delray Beach event on December
31, 1999 from 4 p.m. until midnight or thereabouts; and
WHEREAS, the event will be held within the City limits of Delray Beach; and
WHEREAS, the City Commission has determined that such an event promotes the
public's health, safety and welfare.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. Indemnification. OSS, for good and valuable consideration, agrees to
defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants
from any and all suits, causes of action or any claim whatsoever made, and damages, which
may result from any activity conducted by OSS in relation to the First Night 2000 Delray
Beach event to be held on December 31, 1999.
3. Insurance. OSS shall obtain insurance in the amounts and of the types
specified in Exhibit "A" attached hereto which is incorpbrated herein as if fully set forth.
4. Governing laws; venue. This agreement shall be governed by the laws of the
State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be
brought in the State or Federal courts located in Palm Beach County, Florida.
5. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
6. Entire Agreement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
7. Amendments. This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
8. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the
2
day and year first written above.
CITY OF DELRAY BEACH, FLORIDA,
a Florida municipal corporation
ATTEST:
By:
Jay Alperin, Mayor
City Clerk
Approved as to Form:
/~,,,x.,City Attorney
OLD SCHOOL SQUARe, INC.,
a Flor~a.~Co .rporaition
By: ·
(Print or Type Name)
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this /9~ day of
{'9'(' ~' , 199~ by Id/z,,~/,/~' lO, ~/ZZ/E, ,7",~. (name of officer or agent, title of
officer or agen0 of O/../~ ~5¢/--~,oj..~ ~t/~q ~c E, .~,~ c:.. . (name of corporation
acknowledging), a ~/O,q C~o~f. (state or place of incorporation) corporation, on behalf
of the corporation. He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take
an oath. /~a~.~ ?/_:
Signamre~of Nota/~, Public-
Statb of Florida
Hold harmless OSS .agt ~'~ ~,,~C,° ~
ROSE J. I'AI~AMARCOS
I[ -.r,,, ~_ ~ EXI'Iq.t':~: t~'l 1/2002
-c Of i
I I-v00-3'NOTARY Fta Notary Services & BondinK Co
Initials
EXHIBIT A
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH
OSS 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 Delray Beach Risk Manager. If you have any questions call
(561) 243-7150.
The following insurance coverage shall be required.
A. Worker's Compensation Insurance, as required by law, covering all employees
and providing benefits as set forth in Chapter 440, Florida Statutes and including
Employers Liability coverage, regardless of the size of your firm. OSS 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. The certification 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.
OSS shall furnish to the City, Certificate(s) of Insurance evidencing insurance required
by the provisions set forth above, ~t9 days prior to the holding of the event. If so
requested by the City, certified copies of insurance policies will be provided by OSS.
If any of the above coverages expire during the term of this agreement, OSS 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.
insurance prov OSS.agt
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~'1~
SUBJECT: AGENDA ITEM # ~.ht. - REGULAR MEETING OF NOVEMBER 2, 1999
RESOLUTION NO. 68-99 (ACQUISITION OF RENNER PROPERTY)
DATE: OCTOBER 27, 1999
Resolution No. 68-99 authorizes the City to purchase certain property located at 114 N.W. 2"d Avenue
from Raymond D. and Deborah J. Rennet for the purchase price of $105,000.00. The purpose of the
acquisition is to provide additional land for the new courts at the Tennis Center. This purchase would
be paid for using recreation impact fees.
Incorporated within the resolution are the terms and conditions of the contract for sale and purchase.
The contract provides for closing to occur by November 15, 1999. The City will pay all expenses of
closing, except for documentary stamps and prorated taxes. Paragraph I, Expenses, of the Standards
for Real Estate Transactions has been modified to include payment by the City of relocation expenses
in the amount of $1,500.00 to the tenant, upon Seller providing proof acceptable to the City that the
lease is legally terminated.
Approval of Resolution No. 68-99 is recommended.
RefiAgmemol 4.Res.68-99.Acquisition.Rermer Property
RESOLUTION NO. 68-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DFJ.RAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SI~J J.ER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE SF.T .T .ER AND THE CITY OF DF,I.RAY
BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at
114 N.W. 2nd Avenue, Delray Beach, Florida, to provide for tennis courts; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to
the City of Delray Beach, Florida; and
WHERF_2xS, it is in the best interest of the City of Delray Beach, Horida, to purchase said
property for the purpose described above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby
agrees to purchase from Raymond D. and Deborah J. Renner, as Seller, land to provide for tenms courts, for
the purchase price of One Hundred Five Thousand and 00/100 Dollars ($105,000.00), and other good and
valuable consideration; said parcel being more particularly described as follows:
South 52 feet of Lot 14, Block 43, Town of Delray as recorded in Plat Book
1, Page 3 of the Public Records of Palm Beach County, Florida.
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are
'incorporated herein.
PASSED AND ADOPTED in regular session on this the 2~d day of November, 1999.
City Clerk~ I
CONTRACT FOR SALE OF REAL PROPERTY
The CITY OF DELRAY BEACH, a Florida municipal corporation ("City') (Buyer)
and RAYMOND D. and DEBORAH J. RENNER (Seller) hereby agree to the sale of real
property upon the following terms and conditions, including the standards for real estate
transactions and addenda and exhibits hereto:
I. CONVEYANCE BY SELLER:
A. Seller shall convey by warranty deed to the City the following property: The
South 52 feet of Lot 14, Block 43, Town of Delray as recorded in Plat Book 1, Page 3 of the
Public Records of Palm Beach County, Florida (The Property).
H. PURCHASE PRICE: The City shall pay to Seller One Hundred Five Thousand
Dollars ($105,000.00) upon closing.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties or fact of execution communicated in writing between the parties
on or before October 25, 1999, the offer will, at the City's option, be withdrawn. The date of
this contract (" Effective Date') will be the date when the last one of the Seller or Buyer has
signed this offer.
IV. TITLE EVIDENCE: At least seven (7) days before the closing date, the City, at the
City's expense, shall obtain a title insurance commitment on the Property.
V. CLOSING DATE: This transaction and the deeds and other papers shall be delivered
prior to closing, with closing to occur no later than November 15, 1999, unless extended by
other provisions of the contract, or by mutual agreement of parties.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: The City shall take title subject
to: zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record and prorated taxes for year of closing and
subsequem years; if any.
VH. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
VIII. OCCUPANCY: The Property shall be unoccupied as of the date of closing. Seller
agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If
occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from
date of occupancy, shall be responsible and liable for maintenance from that date, and shall be
deemed to have accepted Property in their existing condition as of time of taking occupancy
unless otherwise stated herein or in a separate writing..
IX. DEMOLITION: The City shall have the right of egress and ingress over the South
52 feet of Lot 14, Block 43, Town of Delray, as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida, prior to closing for the purpose of evaluating the
demolition of buildings thereon after closing and to make any other inspections it deems
appropriate prior to closing.
X. SPECIAL CLAUSES
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon and radon testing may
be obtained from your county public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld
along with properly completed remittance forms. If, however, on or before closing, Seller
provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of
Non-Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a
reduced, amount of federal income tax is required to be withheld under Section 1445
(collectively "Withholding Document~) in proper form as required by the Regulations, and
Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false,
as determined in accordance with the Regulations, then Buyer shall not be required to withhold
any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount
as is required by the applicable Withholding Document, as the case may be, and shall submit
the amount so withheld to the Internal Revenue Service along with properly completed
remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the
filing of an application for a Withholding Document with the Internal Revenue Service and
gives notice of such pursuant to the Regulations to Buyer and said application is still pending
as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow
any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed
in accordance with said final determination.
2
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's
withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash
necessary to satisfy the withholding obligation. In the event Buyer determines after the closing
that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of
Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false,
Buyer shall have the authority to withhold from any additional amounts due to Seller in
accordance with the Regulations, all or such portion of said additional amount due to Seller as
Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and
report such information as required under the Regulations to the Internal Revenue Service.
C. The soil, surface water, drainage requirements and runoff availability,
geological conditions, and environmental state of the property being purchased must be
acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other
soil, geological and engineering studies, which may be conducted by Buyer at Buyers' expense
within the time permitted for delivery of evidence of title herein. Notice of the results of such
testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyers'
employees, agents, representatives, or assigns, shall have full and complete right to enter upon
the property for the purpose of making any and all inspections, tests and studies of the
property. In the event said conditions disclosed by such inspections are unacceptable to
Buyer, the Buyer shall have the rights to cancel this Agreement and receive a refund of all
deposit monies paid hereunder.
ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS
PARAGRAPHS J AND M:
The parties hereby agree that the time periods for the inspections referred to in Standard D and
Standard N shall be modified to be made within seven (7) days from the effective date of this
Contract. In addition to the rights provided to Buyer in Standard J and Standard M, if, for any
reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the
right to notify Seller in writing of Buyer's election to terminate this Contract within said
seven-day inspection period and receive the return of all deposits made hereunder.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitmem issued by a Florida licensed
title insurer agreeing to issue to City, upon recording of the deed to City an owner's policy of
title insurance in the amount of the purchase price, insuring City's title to the real property the
City is to receive under this agreement. The City shall pay for the title insurance on the
property. All title insurance shall be subject only to liens, encumbrances, exceptions or
qualification set forth in this agreement and those which shall be discharged at or before
closing. Buyer shall convey a marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in this agreement and those which shall be discharged at or before
closing. Marketable title shall be determined according to applicable title standards adopted by
authority of The Florida Bar and in accordance with law. If title is found defective, each party
shall notify the other in writing specifying defect(s). If the defect(s) render title unmarketable
to any property being conveyed hereunder, the party who owns the property shall have sixty
(60) days from receipt of notice within which to remove the defect(s), failing which the other
party shall have the option of either accepting the title as it then is or cancelling the contract;
thereupon each party shall release one another of all further obligations under the agreement.
If title is found unmarketable the responsible party shall, use diligent effort to correct defect(s)
in title within the time provided therefor, including the bringing of necessary suits.
B. Survey: City, at City's expense, within time allowed to deliver evidence of
title and to examine same, shall have the real property it is to receive and the real property it is
to convey, surveyed and certified by a registered Florida surveyor. The survey shall be
certified to the City. If survey shows encroachment on real property or that improvements
located on real property encroach on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental regulation, the same shall
constitute a title defect.
C. Ingress and Egress: The Seller warrants and represents that there is ingress
and egress to the real property being exchanged sufficient for the intended use as described
herein, title to which is in accordance with Standard A.
D. Leases: The Seller warrants there are no leases on the property.
E. Liens: Each party shall furnish to each other at time of closing an affidavit
attesting to the absence, unless otherwise provided for herein, of any financing statements,
claims of lien or potential lienors known to either party and further attesting that there have
been no improvements or repairs to property for ninety (90) days immediately preceding date
of closing. If property has been improved, or repaired within that time, the owner of property
to be conveyed shall deliver releases or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to owner's lien affidavit
setting forth the names of all such general contractors, subcontractors, suppliers and
materialmen and further affirming that all charges for improvements or repairs which could
4
serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at
closing.
F. Place of Closing: Closing shall be held in the county where real property is
located, at the office of the attorney or other closing agent designated by City.
G. Time: Time is of the essence of this agreement. Time periods herein of less
than six (6) days shall in the computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which shall end on Saturday, Sunday
or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents for Closing: Seller shall furnish to City, bill of sale, mechanic's
lien affidavit, tenant and mortgagee estoppel letters, and corrective instruments. City shall
furnish the closing statement(s). City shall prepare and furnish all deeds at its own expense
and shall bear the costs of recording the same.
I. Expenses: Documentary stamps on any or all deeds shall be paid by Seller.
The Seller recognizes that the City cannot pay the documentary stamps as a matter of law.
All other closing expenses will be borne by the City, except as may be provided herein or in
Paragraph J below. The City shall pay relocation expenses in the amount of fifteen hundred
dollars ($1,500.00) to the Tenant, provided Seller provides a legal instrument acceptable to the
City, showing that the Lease is legally terminated with no recourse to the City.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other
expenses and revenue of property shall be prorated through day before closing. Cash at
closing shall be increased or decreased as may be required by prorations. Prorations will be
made through day prior to occupancy if occupancy occurs before closing. Taxes shall be
prorated based on the current year's tax with due allowance made for maximum allowable
discount, homestead and other exemptions. If closing occurs at a date when the current year's
milage is not f~xed, and current year's assessments is available, taxes will be prorated based
upon such assessment and the prior year's milage. If current year's assessment is not
available, then taxes will be prorated on the prior year's tax. If there are completed
improvements on real property by January 1 st of year of closing which improvements were not
in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's milage and at an equitable assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser for an informal assessment
taking into consideration available exemptions. Any tax proration based on an estimate may,
at request of either the City or the Seller, be subsequently readjusted upon receipt of tax bill
on condition that a statement to that effect is in the closing statement. If the Seller is required
to pay ad valorem taxes on or before the selling date, the Seller shall establish an escrow fund
with the County Tax Collector pursuant to Florida Statutes Section 196.295 and shall pay into
said escrow the Seller's pro rata portion of ad valorem taxes for the year of clOsing as
5
determined by the Tax Collector. The Seller shall pay its prorated share of taxes for the year
of closing and shall pay outstanding taxes for previous years.
K. Special Assessment Liens: Certified, confirmed and ratified special assessment
liens as of date of closing (and not as of Effective Date) are to be paid by the party who owns
the property prior to closing.
L. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is
authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow
and, subject to clearance, disburse them in accordance with terms and conditions of
agreemem. If in doubt as to Agent's duties or liabilities under the provisions of agreement,
Agent may, at Agent's option, continue to hold the subject matter of the escrow until the
parties mutually agree to its disbursement, or until a judgment of a court of competent
jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the
circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such
action, all liability on the part of Agent shall fully terminate, except to the extent of accounting
for any items previously delivered out of escrow.
M. No Brokers: Each party warrants that no brokers or real estate agents were
involved in this transaction and no fees are due to a broker or agent for the exchange and sale
of the property governed by this agreement.
N. FIRPTA: Each party warrants to each other that neither party is a "foreign
person" as defined by the Federal Foreign Investment in Real Property Tax Act (the "Act").
At closing, each party shall execute and deliver into each other a "non-foreign certificate" as
required by the Act. Failure to execute the certificate shall subject the party failing to execute
and deliver the certificate if required by law to the penalties imposed by law.
O. Failure of Performance: If either party fails to perform this Contract within
the time specified, each party shall be relieved of all obligations under Contract if both parties
consent; or either party may proceed in law or equity to enforce its rights under this Contract.
P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement
nor any notice of it shall be recorded in any public records. This agreement shall bind and
enure to the benefit of the parties and their successors in interest. Whenever the context
permits, singular shall include plural and one gender shall include all. Notice given by or to
the attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Each party shall convey the property to each other by way of
statutory warranty deed subject to any easement for any utilities that may exist and lie on the
property.
6
R. Other Agreements: No prior or present agreements or representations shall be
binding upon either party unless included in this Contract. No modification or change in this
Contract shall be valid or binding upon the parties unless in writing and executed by the party
or parties intended to be bound by it.
S. Warranties: Each party warrants that there are no facts known to either party
materially affecting the value of the real property which are not readily observable by either
party or which have not been disclosed.
T. NOTICES: All notices and elections (collectively, "notices~) to be given or
delivered by or to any party hereunder, shall he in writing and shall be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal Express, or
alternatively shall be sent by United States certified mail, with return receipt requested. The
effective date of any notice shall be the date of delivery of the notice if by personal delivery,
courier service or Federal Express, or if mailed, upon the date which the return receipt is
signed or delivery is refused or the notice designated by the postal authorities as non-
deliverable, as the case may be. The parties hereby designed the following addresses as the
addresses to which notices may be delivered, and delivery to such addresses shall constitute
binding notice given to such party:
Buyer: City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq., City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7091
Fax: (561) 278-4755
Seller: Raymond D. and Deborah J. Renner
68 Glenn Court Avenue
Edison, N.J. 08837
Phone: 732-738-0754
973-482-8115
7
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the other
parties.
U. ASSIGNMENT: Neither party shall assign this Agreement or any interest
herein without the prior written consent of the other party.
V. DEFAULT: In the evem either party fails or refuses to perform any term,
covenant, or condition of this Agreement, either party shall, in addition to any other remedies
provided at law or in equity, have the right of specific performance thereof.
W. GOVERNING LAW & VENUE: This Agreement shall be governed by,
construed and enforced in accordance with, the laws of the State of Florida. Venue in any
action suit or proceeding in connection with this Agreement shall be in Palm Beach County,
Florida.
X. TIME OF ESSENCE: Time is of the essence with respect to the performance
of each and every provision of this Agreement where a time is specified for performance.
Y. EFFECTIVE DATE OF AGREEMENT: This Agreement is expressly
contingent upon the approval of the City Commission of the City of Delray Beach.
Z. HEADINGS: The paragraph headings or captions appearing in this Agreement
are for convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names, on the dates set forth below.
BUYER: SELLERS:
City of Delray Be~~~lorida By: ./'~-,-,~-~
B ~'~
//~y ~l~erin,~yor Print ~l~me: D~..fca_i~ (}.
// /
~/~t~T: Social Security or
~~,~,t'~~/~/' ' L'-~Ld ~-~/~Ll~') ]]~'~g:-~' Tax I.D. Nos.:
City clerl~ '/ .... ~
8
Approved as to Form:
City Attorney
The foregoing instrument was aclc~, ox~ledged
before me this ,,~.~/_ da~ of [-'. ~d? ~k,L..L~.1999
personally known to me or who has produced as identification.
Signature of Notary Public
The foregoing instrument was acl~owledged
before me this ~ clay of [¢'~.,~ , 1999
persOnally l~own-'-~o rhe or WhO has produced as identification.
Signature of Notary Public
F,~ L L~ DJNE'I~N
9
City of I)elray Beach Community Development Division
MEMORANDUM
TO: David Harden, City Manager
THRU: Lula Butler, Community Improvement Director ~
FROM: Charles L. Bender III, CD Coordinator~;~
DATE: October 25, 1999
SUBJECT: 1999-2000 Community Development Block Grant Subrecipient
Funding Agreements: MAD DADS, Alpha Time Child Care Center,
BEDR, Inc., Boys & Girls Clubs, Community Child Care Center and
Urban League of Palm Beach County
ITEM BEFORE THE COMMISSION
This is to request approval to execute the agreements for the funding of the above listed
subrecipients under the 1999-2000 Community Development Block Grant (CDBG)
Program.
BACKGROUND
In accordance with 24CFR 570.301, a Public Hearing was held before the City
Commission on August 3, 1999, to obtain public comments on the proposed budget and
for the approval of the Community Development Block Grant Consolidated Action Plan
for Fiscal year 1999-2000. The Action Plan contains appropriations for the agencies as
listed above and was approved by the Commission.
CDBG Program regulations at 24CFR 570.503 require written agreements prior to the
disbursement of funds to subrecipient organizations, specifying the work to be performed
and reporting, among other necessary requirements and governing provisions. These
agreements have been developed in accordance with the stated regulations and have
been reviewed and approved by the City Attorney for legal sufficiency and form.
RECOMMENDATION
Staff recommends approval and execution of the attached six (6) agreements in order
that funding may proceed in accordance with the Commission approved Action Plan for
Fiscal Year 1999-2000.
Ref: u:\cdbg99-2000\subrecipients~'nanager memo agreements
AGENDA REQUEST
Request to be placed on: Date: October 25, 1999
__ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: November 2, 1999
Description of item:
Request to approve and execute agreements for funding of six (6) Community
Development Block Grant subrecipients for Fiscal Year 1999-2000. Funding will be
made available from various accounts within the CDBG budget. Total funding is
$144,850.00. Funds will be distributed as follows: $53,250 MAD DADS; $8,600
Alpha-Time; $2,000 BEDR, Inc.; $50,000 Boys & Girls Clubs; $19,000 Community
Child Care Center; $12,000 Urban League of Palm Beach County
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval and execution of the agreements for funding.
Department Head Signature: ~ ,~~,~ ~~
/
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
u:\cdbg99-2000\subrecipients\agreements to commission
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
MAD DADS OF GREATER DELRAY BEACH
1999-2000 (October 1, 1999 - September 30, 2000)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") entered into this SECOND (2nd.) day of NOVEMBER, 1999, between the City of
Delray Beach, hereinafter referred to as "City" and MAD DADS of Greater Delray Beach,
hereinafter referred to the "MAD DADS" and/or the "Agency", having its principal office located
at, is related to the provision, as per the budget approval by the City Commission on August 3, 1999
and effective October 1, 1999 through September 30, 2000, of $53,250 in Community Development
Block Grant Funds to MAD DADS for the partial salaries of two (2) full-time direct service
delive _ry positions at forty (40) hours per week, to assist in the City's Neighborhood Stabilization
efforts, upon the following terms and conditions:
The awarded CDBG funds are provided in support of the following activities:
a.) Coordinating crime prevention activities through neighborhood/resident associations;
b.) Establishing support groups for parents of children identified by the local school system as
economically disadvantaged;
c.) Organizing mentors for high-risk youth;
d.) Organizing supervised recreation programs with drug prevention components such as
midnight basket ball programs, community youth choir, drill teams, etc.;
e.) Working with local schools providing dropout prevention programs;
f.) Other activities which contribute to the stabilization/revitalization of the CDBG Target Area
which has its boundaries, 1-95 to the West, Federal Highway to the east, Lake Ida Road to
the north and Linton Blvd to the south.
g.) Funding is provided in support of MADDADS' neighborhood stabilization, youth
development and family strengthening programming components.
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "CDBG" means Community Development Block Grant Program of the City
of Delray Beach
c. "CD" means Community Development Division (City of Delray Beach)
d. "The Agency" means MAD DADS of Greater Delray Beach
e. "U.S. HUD means the Secretary of the U.S. Department of Housing and
Urban Development or a person authorized to act on U.S. HUD's behalf.
f. Low and Moderate-Income Persons" means the definition set by U.S. HUD
2. Purpose / Statement of Work:
The purpose of this Agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG
funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must
be low and moderate-income persons (as determined annually by HUD for the area).
The Agency shall, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the program outlined in this agreement and submit monthly requests
for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto
and made a part hereof. Reimbursement requests should accompany all required monthly reports.
The City agrees to disburse twelve (12) monthly payments in equal amounts of $4,437.50,
for the partial salaries of two (2) full-time positions at forty (40) hours per week (includes salaries,
FICA, and partial payment of health insurance benefits. Disbursements will be available no later
than the first working day of each month, beginning in October, 1999 and continuing through
September, 2000. Disbursements will be released only upon the receipt of each required "request
for reimbursement", including all monthly reports and necessary data (as determined by the City),
covering the month for which reimbursement is requested.
Ail services shall be performed in a manner satisfactory to the City. The funding shall not exceed
the Commission approved dollar amount of $53,250 for the period of October I, 1999 through
September 30, 2000. Monthly release of funds shall further be in accordance with all sections of
this agreement and subject to the approval of the Director of Community Improvement and the
Community Development Coordinator.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shall be
the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is
later. The services of the Agency shall commence upon the effective date of this Agreement.
Reimbursement of associated and approved expenses incurred as of October 1, 1999 will be
processed. All service required hereunder shall be completed by the Agency by September 30, 2000.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this Agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Improvement Director or designee.
5. Records and Reports:
The Agency agrees to provide the City monthly time sheets to the city reflecting actual time
worked (in accomplishing goals) by the CDBG funded positions and a completed Direct Benefit
Activity form (monthly). These reports must be presented/submitted no later than the first working
day of each month covered by this agreement. Reimbursement payments will not be released
without the submission of the required monthly (complete and accurate) reports to the Community
Development Division, and on the resolution of monitoring or audit findings identified. An activity
report identifying progress made, problems encountered and proposed solutions to the same should
also be submitted. Time sheets shall reflect actual hours worked by the two (2) persons employed
under this agreement.
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD
at any time.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provision (activities) for a period of three (3) years, dating from
September 30, 2000.
6. Program -Generated Income:
All income earned by the agency from activities financed by CDBG funds must be reported
to the City. In addition to reporting such income, the Agency shall report to the City the procedure
developed to utilize program income to offset project costs. If program income is used to extend the
availability of services provided by the Agency through this Agreement, the prior written approval
of the Community Improvement Director or the CD Coordinator will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident OpportunitieS):
The agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.
8. Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community
Development Division or the City and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD
copies of transcriptions of such records and information as is determined necessary by the City. The
Agency shall submit (on a monthly basis) and at other times upon the request of the City,
information and status reports required by the CD Division, the City, or U.S. HUD on forms
approved by the CD Division to enable the Division to evaluate said progress and to allow for
completion of reports required of the City by HUD. The Agency shall allow the CD Division or
HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or
unscheduled as determined by the CD Division or HUD.
9. Audits and Inspections:
At any time during normal business hours and as often as the CD Division, the City, U.S.
HUD, or the Comptroller General of the United States may deem necessary, there shall be made
available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement. The City will require the Agency to submit a single
audit, including any management letter, made in accordance with the general program requirements
of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the
end of any fiscal year covered by this agreement in which Federal Funds from all sources are
expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing,
subject to the City's approval. In the event the Agency is exempt from having an audit conducted
under A~ 133, the City reserves the right to require submission of audited financial statements and/or
to conduct a "limited scope audit" of the agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this Agreement is to increase the availability of the Agency's
services to the community. This Agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this Agreement
which is not less than that level existing prior to this Agreement.
11. Conflict Of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the CDBG Project, has any personal financial
interest, direct or indirect, in the activities provided under this agreement which would conflict in
any manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of
interest on the pa~t of the Agency or-i~s employees shall be disclosed in writing to the CD Division
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation
Plan by establishing a citizen participation process to keep residents and/or clients informed of the
activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate
representatives of the Agency shall attend meetings and assist in the implementation of the Citizen
Participation Plan, as requested by the City.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency
shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this
Agreement through and including the date of termination. The Agreement may be terminated for
convenience in accordance with 24CFR 85.44.
In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be
made in writing and a copy of such provided to the CD Division.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this Agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor
(sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who
will perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the 36 months immediately preceding the date
hereof. This notice is required by F.S. 287.133(3)(a).
17. Reversion of Assets:
Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the
sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national
objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the
Agreement.
18. Counterparts Of This Agreement:
This Agreement contains all of the parties binding representations to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Improvement Director.
Agency/Sub-recipient: MAD DA~,S ofw C/te~,~r ,/De'lray Beach
Signed By:
Authorized Agency Official
~,,,~ITNESSES: ~_ ~
CITY OF DELRAY BEACH, FLORIDA
Signed By:
Jay Alperin, MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
ALPHA-TIME CHILDREN'S CENTER OF DELRAY BEACH
1999-2000 (October 1, 1999 - September 30, 2000)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") entered into this SECOND (2nd.) day of NOVEMBER, 1999, between the City of
Delray Beach, hereinafter referred to as "City" and Alpha-Time Children's Center of Delray Beach,
hereinafter referred to the "Center", having its principal office located at 770 Southwest 12th.
Terrace, Delray Beach, Florida, is related to the provision, as per the Action Plan approval by the
City Commission on August 3, 1999 and effective October 1, 1999 through September 30, 2000, of
$8,600.00 in Community Development Block Grant Funds to the Center to pay for a portion of th___~e
salary_ of one pan-time teacher at 20 hours per week, upon the following terms and conditions:
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "CDBG" means Community Development Block Grant Program of the City
of Delray Beach
c. "CD" means Community Development Division (City of Delray Beach)
d. "The Agency" means Alpha-Time Children's Center of Delray Beach
e. "U.S. HUD means the Secretary of the U.S. Department of Housing and
Urban Development or a person authorized to act on U.S. HUD's behalf.
f. Low and Moderate-Income Persons" means the definition set by U.S. HUD
2. Purpose / Statement of Work:
The purpose of this Agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG
funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must
be low and moderate-income persons (as determined annually by HUD for the area).
The Agency shall, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the program outlined in this agreement and submit monthly requests
for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto
and made a part hereof. Reimbursement requests should accompany all required monthly reports.
The City agrees to disburse eleven (11) monthly payments in equal amounts of $716.00 and
a payment of $724.00 in the twelfth (12th.) month, for the partial salary of one (1) part-time teacher
at twenty (20) hours per week. Disbursements will be available no later than the first working day
of each month, beginning in October, 1999 and continuing through September, 2000.
Disbursements will be released only upon the receipt of each required "request for reimbursement",
including all monthly reports and necessary data (as determined by the City), covering the month for
which reimbursement is requested.
All services shall be performed in a manner satisfactory to the City. The funding shall not
exceed the Commission approved dollar amount of $8.600.00 for the period of October 1, 1999
through September 30, 2000. Monthly release of funds shall further be in accordance with all
sections of this agreement and subject to the approval of the Director of Community Improvement
and the Community Development Coordinator.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shall be
the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is
later. The services of the Agency shall commence upon the effective date of this Agreement.
Reimbursement of associated and approved expenses incurred as of October 1, 1999 will be
processed. All service required hereunder shall be completed by the Agency by September 30, 2000.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this Agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Improvement Director or designee.
5. Records and Reports:
The Agency agrees to provide to the City a monthly attendance and enrollment roster that
identifies the number of enrollees (including race/ethnicity) and levels and family income. The
Agency also agrees to provide monthly time sheets to the city reflecting actual time worked by the
CDBG funded position and a completed Direct Benefit Activity form (monthly). These reports must
be presented/submitted no later than the first working day of each month covered by this agreement.
Reimbursement payments will not be released without the submission of the required monthly
(complete and accurate) reports to the Community Development Division, and on the resolution of
monitoring or audit findings identified.
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD
at any time.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provision (activities) for a period of three (3) years, dating from
September 30, 2000.
6. Program -Generated Income:
All income earned by the agency from activities financed by CDBG funds must be reported
to the City. In addition to reporting such income, the Agency shall report to the City the procedure
developed to utilize program income to offset project costs. If program income is used to extend the
availability of services provided by the Agency through this Agreement, the prior written approval
of the Community Improvement Director or the CD Coordinator will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Opportunities):
The agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national, origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the ~eatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.
8. Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community
Development Division or the City and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The Agency agrees to furnish upon request to the CD Division, the City,' and/or HUD
copies of transcriptions of such records and information as is determined necessary by the City. The
Agency shall submit (on a monthly basis) and at other times upon the request of the City,
information and status reports required by the CD Division, the City, or U.S. HUD on forms
approved by the CD Division to enable the Division to evaluate said progress and to allow for
completion of reports required of the City by HUD. The Agency shall allow the CD Division or
HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or
unscheduled as determined by the CD Division or HUD.
9. Audits and Inspections:
At any time during normal business hours and as often as the CD Division, the City, U.S.
HUD, or the Comptroller General of the United States may deem necessary, there shall be made
available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement. The City will require the Agency to submit a single
audit, including any management letter, made in accordance with the general program requirements
of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the
end of any fiscal year covered by this agreement in which Federal Funds from all sources are
expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing,
subject to the City's approval. In the event the Agency is exempt from having an audit conducted
under A-133, the City reserves the right to require submission of audited financial statements and/or
to conduct a "limited scope audit" of the agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this Agreement is to increase the availability of the Agency's
services to the community. This Agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this Agreement
which is not less than that level existing prior to this Agreement.
11. Conflict Of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the CDBG Project, has any personal financial
interest, direct or indirect, in the activities provided under this agreement which would conflict in
any manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of
interest on the part. of the Agency or its employees shall be disclosed in writing to the CD Division
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Agency shall cooperate with the CD Division in the implementation of the citiz~n Participation
Plan by establishing a citizen participation process to keep residents and/or clients informed of the
activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate
representatives of the Agency shall attend meetings and assist in the implementation of the Citizen
Participation Plan, as requested by the City.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency
shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this
Agreement through and including the date of termination. The Agreement may be terminated for
convenience in accordance with 24CFR 85.44.
In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be
made in writing and a copy of such provided to the CD Division.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this Agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor
(sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who
will perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the 36 months immediately preceding the date
hereof. This notice is required by F.S. 287.133(3)(a).
17. Reversion of Assets:
Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the
sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national
objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the
Agreement.
18. Counterparts Of This Agreement:
This Agreement contains all o£ the parties binding representations to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Improvement Director.
Agency/Sub-recipient: Alpha-Time Children' s_ Cent-er
Singed By:
Authorized Agenc3~ Official
WITNESSES:
CITY OF DELRAY BEACH, FLORIDA
Signed By:
Jay Alperin, MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
AND
BUSINESS & ECONOMIC DEVELOPMENT & REVITALIZATION CORPORATION
1999-2000 (October 1, 1999 - September 30, 2000)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") entered into this 2nd' day of November, 1999, between the City of Delray Beach,
hereinafter referred to as "City" and Business & Economic Development & Revitalization
Corporation, hereinafter referred to as "BEDR" and/or "Agency", having its corporate office
located at 5725 Corporate Way, Suite 204, West Palm Beach, Florida 33407, related to the
provision, as per the budget approval by the City Commission on August 3, 1999 and effective
October 1, 1999 through September 30, 2000, of $2,000 in Community Development Block Grant
funds to be used to provide a minimum of four (4) Housing Industry Provider / Community
Education Sessions for residents of Delray Beach, including school-age children and communiW
organizations, upon the following terms and conditions:
a.) All four (4) seminars and sessions will be accomplished during the effective date of the
contract period (October 1, 1999 through September 30, 2000).
b.) Each seminar or session will be conducted following notification of the CD Division
regarding date, location and the submittal of supporting documentation (i.e. flyers,
marketing tools, advertising efforts, etc.).
c.) Each seminar/session must be adequately advertised and marketed to residents of Delray
Beach, in an effort to ensure maximum participation and effectiveness (copies to be
submitted to CD Division prior to seminar/session).
d.) Reimbursement of expenses will be provided upon completion of each seminar/session, at
the predetermined amount of $500.00 per seminar/session, with the total maximum
reimbursement not exceeding $2,000 (for the four seminars/sessions).
e.) All seminars/sessions will be open to participants, free of charge.
f.) BEDR shall provide:
1.) Community Education Sessions for civic organizations, community based agencies,
social service providers and/or schools within the municipal boundaries of the City of Delray Beach.
These sessions shall be designed to educate the public and protected classes to identify incidents of
discrimination in housing and to gain an understanding of the means to find remedies, to seek
redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program
year. A minimum of two (2) sessions shall be conducted during the period beginning October 1,
1999 and ending September 30, 2000. One (1) of the sessions will focus on the education of children
about housing discrimination.
2.) Housing Industry Provider Education Seminars for developers, real estate brokers
property managers, financial institutions, and the media/advertising industry. The seminars shall
provide information on fair housing laws, Community Reinvestment Act regulations and affirmative
marketing requirements. A minimum of two (2) seminars shall be conducted during the period
beginning October 4, 1999 and ending September 30, 2000.
WHEREAS, federal regulations at 24CFR 570.601 provide that CDBG funds are granted to the
City of Delray Beach under a condition that the City certified that it will "affirmatively further fair
housing," and;
WHEREAS, with its submission of the Fiscal Year 1999-2000 Consolidated Action Plan,
the City of Delray Beach so certified that it would "affirmatively further fair housing," and;
WHEREAS, BEDR (through its Fair Housing Center of the Greater Palm Beaches)
proposed to provide Fair Housing Education and Outreach to the citizens of Delray Beach, and:
NOW, THEREFORE, the parties hereby further agree as follows:
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "CDBG" means Community Development Block Grant Program of the City
of Delray Beach
c. "CD" means Community Development Division (City of Delray Beach)
d. "The Agency" means Business & Economic Development & Revitalization (BEDR)
e. "U.S. HUD means the Secretary of the U.S. Department of Housing and
Urban Development or a person authorized to act on U.S. HUD's behalf.
f. Low and Moderate-Income Persons" means the definition set by U.S. HUD
2. Purpose / Statement of Work:
The purpose of this Agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG
funds.
The Agency shall, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the program outlined in this agreement and submit requests for
reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and
made a part hereof. Reimbursement requests should accompany all required reports.
The City shall reimburse BEDR in an amount not to exceed $2,000 for expenses related to
conducting two (2) Community Education Sessions and two (2) Housing Industry Provider
Education Seminars. The amount to be paid to BEDR shall not exceed $500 per session/workshop.
Disbursements will be released only upon the receipt of each required "request for reimbursement",
including all required reports and necessary data (as determined by the City), covering the
session/workshop for which reimbursement is requested. Payments will be made available within
thirty (30) days of receipt of each invoice, following approval.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shall be
the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is
later. The services of the Agency shall commence upon the effective date of this Agreement.
Reimbursement of associated and approved expenses incurred as of October 1, 1999 will be
processed. All service required hereunder shall be completed by the Agency by September 30,
2000.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this Agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Improvement Director or designee.
5. Records and Reports:
Prior to re~.c, gipt of CDBG funds (through reimbursement), BEDR shall submit for each
seminar/session conducted, the following documentation:
a.) An agenda displaying the date, time, and location of the session/seminar conducted.
(the CD Division must have been notified in advance of the same, as required above on
Page 1, item (b.).
b.) A list of invitees/attendees for each session/seminar;
c.) A request for funds/invoice (using Attachment "A" of this agreement)
d.) Proof that each seminar/session was adequately advertised and marketed to residents
of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e.
marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of
other efforts made (activity report).
d.) Other records as may be necessary to determine compliance with this agreement.
Reimbursement payments will not be released without the submission of the required (complete and
accurate) reports to the Community Development Division, and on the resolution of monitoring or
audit findings identified.
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD
at any time.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provision (activities) for a period of three (3) years, dating from
September 30, 2000.
6. Program -Generated Income:
All income earned by the agency from activities financed by CDBG funds must be reported
to the City. In addition to reporting such income, the Agency shall report to the City the procedure
developed to utilize program income to offset project costs. If program income is used to extend the
availability of services provided by the Agency through this Agreement, the prior written approval
of the Community Improvement Director or the CD Coordinator will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Opportunities):
The agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.
8. Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community
Development Division or the City and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD
copies of transcriptions of such records and information as is determined necessary by the City. The
Agency shall submit information and status reports required by the CD Division, the City, or U.S.
HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to
allow for completion of reports required of the City by HUD. The Agency shall allow the CD
Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in
advance or unscheduled as determined by the CD Division or HUD.
9. Audits and Inspections:
At any time during normal business hours and as often as the CD Division, the City, U.S.
HUD, or the Comptroller General of the United States may deem necessary, there shall be made
available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement. The City will require the Agency to submit a single
audit, including any management letter, made in accordance with the general program requirements
of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the
end of any fiscal year covered by this agreement in which Federal Funds from all sources are
expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing,
subject to the City's approval. In the event the Agency is exempt from having an audit conducted
under A-133, the City reserves the right to require submission of audited financial statements and/or
to conduct a "limited scope audit" of the agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this Agreement is to increase the availability of the Agency's
services to the community. This Agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this Agreement
which is not less than that level existing prior to this Agreement.
11. Conflict Of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the CDBG Project, has any personal financial
interest, direct or indirect, in the activities provided under this agreement which would conflict in
any manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of
interest on the part. of the Agency or its employees shall be disclosed in writing to the CD Division
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation
Plan by establishing a citizen participation process to keep residents and/or clients informed of the
activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate
representatives of the Agency shall attend meetings and assist in the implementation of the Citizen
Participation Plan, as requested by the City.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency
shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this
Agreement through and including the date of termination. The Agreement may be terminated for
convenience in accordance with 24CFR 85.44.
In the event the grant to the City under Title I of the Housing and Community Development
Act of /974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be
made in writing and a copy of such provided to the CD Division.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this Agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. ' Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor (sub-
recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the 36 months immediately preceding the date
hereof. This notice is required by F.S. 287.133(3)(a).
17. Reversion of Assets:
Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on
hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds.
Additionally, where applicable, any real property under the sub-recipient's control that was acquired
or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-
recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national
objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the
Agreement.
18. Counterparts Of This Agreement:
This Agreement contains all of the parties binding representations to one another. -Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Improvement Director.
Agency/Sub-recipient: BEDR((~orp. /f ~ /~
Signed By: ~//A~h-o~r~zed Agency Official
il' VTM V ~
CITY OF DELRAY BEACH, FLORIDA
Signed By:
Jay Alperin, MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
AND
BOYS & GIRLS CLUBS OF PALM BEACH COUNTY, INC.
1999-2000 (October 1, 1999 - September 30, 2000)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") entered into this SECOND (2nd.) day of November, 1999, between the City of
Delray Beach, and the Boys & Girls Clubs of Palm Beach County, Inc., hereinafter referred to as
"The Club" and/or "Agency", having its principal office located at 800 North Point Parkway, Suite
204, West Palm Beach, Florida, is related to the provision, as per the budget approval by the City
Commission on August 3, 1999 and effective October 1, 1999 through September 30, 2000, of
$50,000 in Community Development Block Grant (CDBG) funds. These funds are to be used to
further renovate the Boys & Girls Clubs' Catherine Strong Center, which is to continue to be used as
the new site for the Club upon the following terms and conditions:
The Club will:
a.) retain a licensed general contractor or other appropriate company(s) as determined eligible
(by the City's Chief Building Official) to perform the specific work (renovation work)
through a competitive bid process (as determined appropriate by the City and the CD
Division (award to be reviewed and approved by CD Division); and
b.) undertake responsibility for the rehabilitation proceedings and the selected general
contractor's work; and
c.) ensure that the CD Division is notified on an on-going basis as to the progress of the
scheduled work; and
d.) submit a monthly progress narrative as to the activity's progress (through completion); and
e.) submit requests for reimbursement of expenses following completion and payment of
eligible rehabilitation tasks to the selected general contract/construction company(s)
(subject to approval by the CD Coordinator and the Director of Community Improvement)
(City will reimburse the "Club" for expenses incurred); and
f.) ensure that the facility receiving capital improvements will continue to be operated under its
intended use (community center for area children ages 6 to 18) for a period not less than ten
(10) years (for federal CDBG purposes) from date following completion of the work, or
otherwise be subject to recapture provisions. This capital grant amount ($50,000) will be
forgiven (forgivable grant) in the amount of $5,000 per year for a ten year period, beginning
from the time that the last payment of funds under this contract is reimbursed; and
g.) ensure that the facility (following completion of these improvements) is open/operated so
as to be open to the general public (children ages 6 to 18 years of age) during all normal
hours of operation (24CFR 570.201(c)); and
h.) agree that reasonable fees may be charged for the use of the facilities assisted with CDBG
funds, but charges, such as excessive membership fees, which will have the effect of
precluding low and moderate-income persons from using the facilities are not permitted, for
the same ten (10) year period as well (24CFR 570.200 (b)(2); and
I.) comply with all other federal monitoring and compliance related issues, such as relevant
portions of the Davis-Bacon Act.
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "CDBG" means Community Development Block Grant Program of the City
of Delray Beach
c. "CD" means Community Development Division (City of Delray Beach)
d. "The Agency" means the Boys & Girls Clubs of Palm Beach County, Inc.
e. "U.S. HUD means the Secretary of the U.S. Department of Housing and
Urban Development or a person authorized to act on U.S. HUD's behalf.
f. Low and Moderate-Income Persons" means the definition set by U.S. HUD
g. "Federal Labor Standards" means the requirements of Section 110 of the Housing
and Community Development Act of 1974 that all laborers and mechanics
employed by contractors or subcontractors on construction work financed in whole
or in part with assistance received under the Act shall be paid wages at rates not less
than those prevailing on similar construction in the locality as determined by the
Secretary of Labor in accordance with the Davis-Bacon Act, as amended.
2. Purpose / Statement of Work:
The purpose of this Agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG
funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must
be low and moderate-income persons (as determined annually by HUD for the area).
The Agency shall, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the proceedings outlined in this agreement and submit requests for
reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and
made a part hereof. Reimbursement requests should accompany all required reports.
Disbursements will be released only upon the receipt of each required "request for
reimbursement", including all required reports and necessary data (as determined by the City),
covering the completed work by the agency's selected general. Payments will be made available
within thirty (30) days of receipt of each invoice, following an inspection of the work completed and
approval by the CD Coordinator and the Director of Community Improvement.
a.) The City and the Club further agree that the City shall:
1 .) Provide $50,000 toward the rehabilitation of the Catherine Strong Center,
located at 600 SW 15th. Avenue, Delray Beach (scope to be determined);
2.) Provide technical assistance upon request and throughout the contract period to
assist the Club in complying with the terms of this contract. This assistance shall
include ongoing monitoring for Davis-Bacon and related Acts (Labor Standards);
b.) The City and the Club further agree that the Club shall:
1 .) Award contracts for the rehabilitation of the Catherine Strong Center by
providing appropriate work write-ups, building plans and adequate supervision of
construction. Further, the Club shall secure all necessary bonding and accept all
liability as it may relate directly or indirectly from the construction, and hold
harmless and indemnify the City from all construction related deficiencies and
liabilities of whatsoever kind as it relates to the construction and rehabilitation.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shall be
the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is
later. The services of the Agency shall commence upon the effective date of this Agreement.
Reimbursement of associated and approved expenses incurred as of October 1, 1999 will be
processed. All service required hereunder shall be completed by the Agency by September 30,
2000.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this Agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Improvement Director or designee.
5. Records and Reports:
The Boys & Girls Club agrees to ensure the submission of all contractor payrolls and
itemized pay requests. Prior to bid, the agency shall submit to the Community Development
Coordinator a copy of the Bid Specification packet to assure the ii~lusion of all federal
requirements. The Club further agrees to submit upon request other documentation that may later be
determined necessary to assure compliance with this agreement.
Reimbursement payments will not be released without the submission of the required (complete and
accurate) reports to the Community Development Division, and on the resolution of monitoring or
audit findings identified. All reimbursements will be processed only following inspection of the
work performed (by CD Division staff).
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD
at any time.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provision (activities) for a period of three (3) years, dating from
September 30, 2000.
6. Program -Generated Income:
All income earned by the agency from activities financed by CDBG funds must be reported
to the City. In addition to reporting such income, the Agency shall report to the City the procedure
developed to utilize program income to offset project costs. If program income is used to extend the
availability of services provided by the Agency through this Agreement, the prior written approval
of the Community Improvement Director or the CD Coordinator will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Opportunities):
The agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.
8. Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community
Development Division or the City and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD
copies of transcriptions of such records and information as is determined necessary by the City. The
Agency shall submit (on a monthly basis) and at other times upon the request of the City,
information and status reports required by the CD Division, the City, or U.S. HUD on forms
approved by the CD Division to enable the Division to evaluate said progress and to allow for
completion of reports required of the City by HUD. The Agency shall allow the CD Division or
HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or
unscheduled as determined by the CD Division or HUD.
9. Audits and Inspections:
At any time during normal business hours and as often as the CD Division, the City, U.S.
HUD, or the Comptroller General of the United States may deem necessary, there shall be made
available bY the agency to the-~D Division, the City, U.S. HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement. The City will require the Agency to submit a single
audit, including any management letter, made in accordance with the general program requirements
of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the
end of any fiscal year covered by this agreement in which Federal Funds from all sources are
expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing,
subject to the City's approval. In the event the Agency is exempt from having an audit conducted
under A-133, the City reserves the right to require submission of audited financial statements and/or
to conduct a "limited scope audit" of the agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this Agreement is to increase the availability of the Agency's
services to the community. This Agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this Agreement
which is not less than that level existing prior to this Agreement.
11. Conflict Of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the CDBG Project, has any personal financial
interest, direct or indirect, in the activities provided under this agreement which would conflict in
any manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of
interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation
Plan by establishing a citizen participation process to keep residents and/or clients informed of the
activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate
representatives of the Agency shall attend meetings and assist in the implementation of the Citizen
Participation Plan, as requested by the City.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency
shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall
thereupon have the. right to terminate this Agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this
Agreement through and including the date of termination. The Agreement may be terminated for
convenience in accordance with 24CFR 85.44.
In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be
made in writing and a copy of such provided to the CD Division.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this Agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor
(sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who
will perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the 36 months immediately preceding the date
hereof. This notice is required by F.S. 287.133(3)(a).
17. Reversion of Assets:
Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the
sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national
objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the
Agreement.
18. Counterparts Of This Agreement:
· This A~eement contains all of the parties binding representations to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Improvement Director.
Agency/Sub-recipient: Boys and Girls Clubs of Palm
Beach County, Inc.
Signed By: .
~ Authorized Agency Official
CITY OF DELRAY BEACH, FLORIDA
Signed By:
Jay Alperin, MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
COMMUNITY CHILD CARE CENTER OF DELRAY BEACH
1999-2000 (October 1, 1999 - September 30, 2000)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") entered into this SECOND (2nd.) day of NOVEMBER, 1999, between the City of
Delray Beach, hereinafter referred to as "City" and Community Child Care Center of Delray Beach,
hereinafter referred to the "Center" and/or "Agency", having its principal office located at 555
Northwest 4th. Avenue, Delray Beach, Florida, is related to the provision, as per the budget
approval by the City Commission on August 3, 1999 and effective October 1, 1999 through
September 30, 2000, of $19,000 in Community Development Block Grant Funds to the Center for
the partial salary_ of one full-time administrative position (Assistant Director) at forty (40) hours per
wgek, upon the following terms and conditions:
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "CDBG" means Community Development Block Grant Program of the City
of Delray Beach
c. "CD" means Community Development Division (City of Delray Beach)
d. "The Agency" means Community Child Care Center of Delray Beach
e. "U.S. HUD means the Secretary of the U.S. Department of Housing and
Urban Development or a person authorized to act on U.S. HUD's behalf.
f. Low and Moderate-Income Persons" means the definition set by U.S. HUD
2. Purpose / Statement of Work:
The purpose of this Agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG
funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must
be low and moderate-income persons (as determined annually by HUD for the area).
The Agency shall, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the program outlined in this agreement and submit monthly requests
for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto
and made a part hereof. Reimbursement requests should accompany all required monthly reports.
The City agrees to disburse eleven (11) monthly payments in equal amounts of $1,583.33
and a payment of $1,583.37 in the twelve (12th.) month, for the salary of one (1) full-time
administrative position (Assistant Director) at forty (40) hours per week. Disbursements will be
available no later than the first working day of each month, beginning in October, 1999 and
continuing through September, 2000. Disbursements will be released only upon the receipt of each
required "request for reimbursement", including all monthly reports and necessary data (as
determined by the City), covering the month for which reimbursement is requested.
All services shall be performed in a manner satisfactory to the City. The funding shall not
exceed the Commission approved dollar amount of $19,000 for the period of October 1, 1999
through September. 30, 2000. Monthly release of funds shall further be in accordance with all
sections of this agreement and subject to the approval of the Director of Community Improvement
and the Community Development Coordinator.
3. Time of Performance:
The-"~ffective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shall be
the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is
later. The services of the Agency shall commence upon the effective date of this Agreement.
Reimbursement of associated and approved expenses incurred as of October 1, 1999 will be
processed. Ali service required hereunder shall be completed by the Agency by September 30, 2000.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this Agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Improvement Director or designee.
5. Records and Reports:
The Agency agrees to provide to the City a monthly attendance and enrollment roster that
identifies the number of enrollees and levels and family income. The Agency also agrees to provide
monthly time sheets to the city reflecting actual time worked by the CDBG funded position and a
completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no
later than the first working day of each month covered by this agreement. Reimbursement payments
will not be released without the submission of the required monthly (complete and accurate) reports
to the Community Development Division, and on the resolution of monitoring or audit findings
identified.
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD
at any time.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provision (activities) for a period of three (3) years, dating from
September 30, 2000.
6. Program -Generated Income:
All income earned by the agency from activities financed by CDBG funds must be reported
to the City. In addition to reporting such income, the Agency shall report to the City the procedure
developed to utilize program income to offset project costs. If program income is used to extend the
availability of services provided by the Agency through this Agreement, the prior written approval
of the Community Improvement Director or the CD Coordinator will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Opportunities):
The agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, Iow-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.
8. Evaluation and Monitoring:
, The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community
Development DMsion or the City and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD
copies of transcriptions of such records and information as is determined necessary by the City. The
Agency shall submit (on a monthly basis) and at other times upon the request of the City,
information and status reports required by the CD Division, the City, or U.S. HUD on forms
approved by the CD Division to enable the Division to evaluate said progress and to allow for
completion of reports required of the City by HUD. The Agency shall allow the CD Division or
HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or
unscheduled as determined by the CD Division or HUD.
9. Audits and Inspections:
At any time during normal business hours and as often as the CD Division, the City, U.S.
HUD, or the Comptroller General of the United States may deem necessary, there shall be made
available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement. The City will require the Agency to submit a single
audit, including any management letter, made in accordance with the general program requirements
of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the
end of any fiscal year covered by this agreement in which Federal Funds from all sources are
expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing,
subject to the City's approval. In the event the Agency is exempt from having an audit conducted
under A-133, the City reserves the right to require submission of audited financial statements and/or
to conduct a "limited scope audit" of the agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this Agreement is to increase the availability of the Agency's
services to the community. This Agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this Agreement
which is not less than that level existing prior to this Agreement.
11. Conflict Of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the CDBG Project, has any personal financial
interest, direct or indirect, in the activities provided under this agreement which would conflict in
any manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of
interest on the part .of the Agency or its employees shall be disclosed in writing to the CD Division
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation
Plan by establishing a citizen participation process to keep residents and/or clients informed of the
activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate
representatives of the Agency shall attend meetings and assist in the implementation of the Citizen
Participation Plan, as requested by the City.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency
shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this
Agreement through and including the date of termination. The Agreement may be terminated for
convenience in accordance with 24CFR 85.44.
In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be
made in writing and a copy of such provided to the CD Division.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this Agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor (sub-
recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the 36 months immediately preceding the date
hereof. This notice is required by F.S. 287.133(3)(a).
17. Reversion of Assets:
Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the
sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national
objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the
Agreement.
18. Counterparts Of This Agreement:
· This Agreement contains all of the parties binding representations to one anotheC Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Improvement Director.
Singed By:
A~tholq"zed/i, gency Official
WITNESSES:
CITY OF DELRAY BEACH, FLORIDA
Signed By:
Jay Aiperin, MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
AND
TIlE URBAN LEAGUE OF PALM BEACH COUNTY
1999-2000 (October 1, 1999 - September 30, 2000)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") entered into this SECOND (2n.d....) day of NOVEMBER, 1999, between the City of
Delray Beach, hereinafter referred to as "City" and the Urban League of Palm Beach County,
hereinafter referred to the "Urban League" and/or "Agency", having its principal office located at
1700 North Australian Avenue, West Palm Beach, Florida and its satellite office at Carver Service
Center, 301 Southwest 14th. Avenue, Delray Beach, Florida, is related to the provision, as per the
budget approval by the City Commission on August 4, 1999 and effective October 1, 1999 through
September 30, 2000, of $12,000 in Community Development Block Grant funds to the Urban
League to be used to offset costs associated with one part-time service delivery position within the
Housing Counseling and Emergency Intervention programs of the Urban League, upon the following
terms and conditions:
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "CDBG" means Community Development Block Grant Program of the City
of Delray Beach
c. "CD" means Community Development Division (City of Delray Beach)
d. "The Agency" means the Urban League of Palm Beach County
e. "U.S. HUD means the Secretary of the U.S. Department of Housing and
Urban Development or a person authorized to act on U.S. HUD's behalf.
f. Low and Moderate-Income Persons" means the definition set by U.S. HUD
2. Purpose / Statement of Work:
The purpose of this Agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG
funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must
be low and moderate-income persons (as determined annually by HUD for the area).
The Agency shall, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the program outlined in this agreement and submit monthly requests
for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto
and made a part hereof. Reimbursement requests should accompany all required monthly reports.
The City agrees to disburse twelve. (12) m. onthly payments in equal amounts of $1,000, to be
used to offset costs associated with one part-time service delivery position within the Housing
Counseling and Emergency Intervention programs of the Urban League, beginning in October, 1999
and continuing through September, 2000. Disbursements will be released only upon the receipt of
each required "request for reimbursement", including all monthly reports and necessary data (as
determined by the City), covering the month for which reimbursement is requested.
All services shall be performed in a manner satisfactory to the City. The funding shall not
exceed the Commission approved dollar amount of $12,000 for the period of October 1, 1999
through September 30, 2000. Monthly release of funds shall further be in accordance with all
sections of this agreement and subject to the approval of the Director of Community Improvement
and the Community Development Coordinator.
The awarded CDBG funds are in support of the following activities:
a.) Emergency Intervention including food, energy and shelter assistance referral; and
b.) Housing discrimination counseling and referral.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shall be the
date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon the effective date of this Agreement.
Reimbursement of associated and approved expenses incurred as of October 1, 1999 will be
processed. All service required hereunder shall be completed by the Agency by September 30, 2000.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this Agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or ser~fices covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Improvement Director or designee.
5. Records and Reports:
The Agency agrees to provide the City monthly time sheets to the city reflecting actual time
worked (in accomplishing goals) by the CDBG funded position (Delray Beach Satellite Office
Coordinator) and a completed Direct Benefit Activity form (monthly). These reports must be
presented/submitted no later than the first working day of each month covered by this agreement.
Reimbursement payments will not be released without the submission of the required monthly
(complete and accurate) reports to the Community Development Division, and on the resolution of
monitoring or audit findings identified. An activity report identifying progress made, problems
encountered and proposed solutions to the same should also be submitted.
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD
at any time.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provision (activities) for a period of three (3) years, dating from
September 30, 2000.
6. Program -Generated Income:
All income earned by the agency from activities financed by CDBG funds must be reported
to the City. In addition to reporting such income, the Agency shall report to the City the procedure
developed to utilize program income to offset project costs. If program income is used to extend the
availability of services provided by the Agency through this Agreement, the prior written approval
of the Community Improvement Director or the CD Coordinator will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Opportunities):
The agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.
8. Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community
Development Division or the City and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD
copies of transcriptions of such records and information as is determined necessary by the City. The
Agency shall submit (on a monthly basis) and at other times upon the request of the City,
information and status reports required by the CD Division, the City, or U.S. HUD on forms
approved by the CD Division to enable the Division to evaluate said progress and to allow for
completion of reports required of the City by HUD. The Agency shall allow the CD Division or
HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or
unscheduled as determined by the CD Division or HUD.
9. Audits and Inspections:
At any time during normal business hours and as often as the CD Division, the City, U.S.
HUD, or the Comptroller General of the United States may deem necessary, there shall be made
available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit,
including any management letter, made in accordance with the general program requirements of
OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end
of any fiscal year covered by this agreement in which Federal Funds from all sources are expended.
The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the
City's approval. In the event the Agency is exempt from having an audit conducted under A-133,
the City reserves the right to require submission of audited financial statements and/or to conduct a
"limited scope audit" of the agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this Agreement is to increase the availability of the Agency's
services to the community. This Agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this Agreement
which is not less than that level existing prior to this Agreement.
11. Conflict Of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the CDBG Project, has any personal financial
interest, direct or indirect, in the activities provided under this agreement which would conflict in
any manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of
interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation
Plan by establishing a citizen participation process to keep residents and/or clients informed of the
activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate
representatives of the Agency shall attend meetings and assist in the implementation of the Citizen
Participation Plan, as requested by the City.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency
shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon
termination, the City shall pay the sub-recipient agency for services rendered pursuant to this
Agreement through and including the date of termination. The Agreement may be terminated for
convenience in accordance with 24CFR 85.44.
In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be
made in writing and a copy of such provided to the CD Division.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this Agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor (sub-
recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the 36 months immediately preceding the date
hereof. This notice is required by F.S. 287.133(3)(a).
17. Reversion of Assets:
Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the
sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national
objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the
Agreement.
18. Counterparts Of This Agreement:
This Agreement contains ali of the parties binding representations to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Improvement Director.
Agency/Sub-recipient: Urban League of PBC, Inc.
?- Authorized Agency Official
WITNESSES:
CITY OF DELRAY BEACH, FLORIDA
Signed By:
Jay Alperin, MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF NOVEMBER 2, 1999
INTERLOCAL AGREEMENT/MUNICIPAL PUBLIC SAFETY
COMMUNICATIONS CONSORTIUM
DATE: OCTOBER 29, 1999
This is before the City Commission to approve an interlocal agreement to establish the Municipal
Public Safety Communications Consortium (MPSCC). This was discussed at the October 19th regular
meeting (a copy of the minutes is attached).
The purpose of the agreement is to provide for the establishment and operation of a consortium to
facilitate the provision of countywide interoperable radio service to the municipal public safety
agencies of Palm Beach County, including the purchase, installation, maintenance and operation of
the necessary equipment to complete the radio system backbone and provide access to the 800 MHZ
radio network for its members. Once the MPSCC is established, it will be governed by a Board of
Directors. Each member municipality should appoint one person to serve on the board, as well as an
alternate member to serve in the absence of the regular member.
As for any costs involved, the consortium will be structured as a cost sharing organization with costs
to be divided among its members. The agreement provides for an October 1 through September 30
fiscal year, with the first fiscal year of the MPSCC to begin with the effective date of the agreement
and end on September 30th of that year. Within nme months of the effective date of the agreement,
the MPSCC Executive Director shall prepare a capital expenditure budget. General operating costs
shall be apportioned according to the percentage each member municipality's population is of the
total population served by the consortium. The consortium is to notify each member of the amount
of its obligation to the MPSCC for the next fiscal year no later than March l'~t of each year.
As I mentioned at the last meeting, the City does not have to make any final commitment until the
costs are determined. At that point, if the City Commission finds that the costs involved outweigh
the benefit to be received, we may withdraw from the MPSCC within sixty days of receipt of the
initial capital budget and cost projections.
Recommend approval of the interlocal agreement to establish the Municipal Public Safety
Communications Consortium.
Ref:Agmemo11.MPSCC Interlocal Agreement
Media/FL, seconded by Mr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said
motion to DENY passed with a 5 to 0 vote.
After roll call, Mr. Schmidt commented that on his
reading of the legislation attached as part of the backup, if
the City were to seek to remove the existing billboards and pay,
the federal government is supposed to pay 75% of that cost. He
asked if this had been investigated by staff? Ms. Butler stated
she would look into this further and provide a response.
9.C. MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM:
Provide direction as to whether or not the City is interested in
joining the Municipal Public Safety Communications Consortium.
The City Manager explained that the Criminal Justice
Commission initiated and has been in the process of trying to
put together a Municipal Public Safety Communications Consortium
(MPSCC) . The City does not have to make any final commitment
until the costs are determined. The City Manager felt it advis-
able for the City to be a participant at least to that point to
protect our own interests because the County is now making
available the $12.50 that is tacked on to every traffic ticket
and this money is to be used for 800 megahurtz communication.
The MPSCC is being asked to decide how that money is to be
divided up. The Manager stated he would propose to consult with
the City Attorney in order to make some changes in the agreement
that would make it acceptable to the City, execute it and send
it back to them and participate at least until they determine
how the costs are to be divided up. His biggest concern is that
he does not see a need for a permanent staff for this organiza-
tion and that is the direction they are headed. He felt it
would be a waste of money, but perhaps would change his mind
once it develops further. There is a lot of time that has to be
put in on the front end to get the group organized, but once it
is up and running there should not be that much involved. The
City Manager asked that the Commission approve entering into an
agreement with the understanding that before the City is really
committed, it would be brought back to the Commission along with
the costs that would be involved. The Commission would have the
opportunity to vote on it again before a final commitment is
made.
It was the consensus of the City Commission to accept
the City Manager's recommendation. Mrs. Archer would like to
find out what the expected expenses are in relationship to what
the expected return might be before we make a final decision.
Mrs. Archer moved to approve the City Manager's recom-
mendation with respect to joining the Municipal Public Safety
Communications Consortium, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Schmidt - Yes; Mrs.
7 10/19/99
INTERLOCAL AGREEMENT
to establish
Municipal Public Safety Communications Consortium of Palm Beach County
THIS AGREEMENT, entered into this day of 1999, by the
municipalities of Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes,
Delray Beach, Greenacres, Gulfstream, Highland Beach, Hypoluxo, Juno Beach, Jupiter,
Jupiter Inlet Colony, Lake Clarke Shores, Lake Park, Lake Worth, Lantana, Manalapan,
Mangonia Park, North Palm Beach, Ocean Ridge, Pahokee, Palm Beach, Palm Beach
Gardens, Palm Beach Shores, Palm Springs, Riviera Beach, Royal Palm Beach, South
Bay, South Palm Beach, Tequesta, Wellington, West Palm Beach; each a Florida
municipal corporation located in Palm Beach County, Florida and the Palm Beach
County School District, a unit for the control, organization and administration of schools.
WITNESSETH:
WHEREAS, each of the Parties presently maintains a police or fire department
utilizing radio communications services, and
WHEREAS, the Parties desire to enter into a cooperative arrangement to provide
communications services benefiting public safety; and
WHEREAS, the use of a consortium of the Parties to provide radio
communications services expands the geographical use of available frequencies for
mutual aid and day-m-day activities; and
WHEREAS, pursuant to this Inteflocal Agreement, the Parties' respective police
and fire departments will be able to communicate with each other benefiting public safety
concerns; and
WHEREAS, the Parties desire to have improved radio communications with
other county, state and federal public safety agencies; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement for
the express purpose of cooperating in the provision of public safety communications
services; and
WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969", authorizes local governmental units to make the most efficient
use of their powers by enabling them to cooperate with other localities on a basis of
mutual advantage and thereby to provide services and facilities in a manner and pursuant
to forms of governmental organization that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local
communities; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein, the Parties hereto agree as follows:
Section 1. PURPOSE
The purpose of this Agreement is to provide for the establishment and operation of a
consortium:
A. To facilitate the provision of countywide interoperable radio service to the
municipal public safety agencies of Palm Beach County.
2
B. To purchase, install, maintain and operate the necessary equipment to complete
the radio system backbone and provide access to the 800 MHZ Radio Network for
its members.
C. To provide, maintain and operate the necessary means of connectivity between the
new radio system backbone components, existing or planned radio systems and
the Smartzone Switch.
D. To provide management and maintenance services for the consortium
communications systems.
E. To provide other public safety communications services to its members as the
Board of Directors deems appropriate.
Section 2. CREATION
There is hereby created an administrative agency to be entitled the Municipal Public
Safety Communications Consortium of Palm Beach Cotmty, herein after referred to as
"MPSCC". The MPSCC shall have the following general powers by the parties:
A. Purchase, lease, sublease or be assigned the lease of real property from any private
party, political subdivision of the State of Florida or other governmental entity;
B. Receive funds, including but not limited to, gifts, grants and bequests, from any
source, public or private, provided that no power to levy taxes or assessments be
inferred herefrom;
C. Improve and maintain any and all real property acquired by purchase, lease,
sublease or assignment of a lease;
D. Purchase, lease and install fixtures, equipment, and real property appropriate to a
public safety communications system;
3
E. Enter into contracts; and
F. Exercise any other power that may be necessary for the operation of a public
safety communications system or that may hereafter be agreed to by the Parties if
within the common powers of all the Parties;
G. Hold titles and licenses for the operation of the radio Backbone System;
H. Employ agencies or employees;
I. Acquire, construct, manage, maintain or operate buildings;
J. Acquire, hold or dispose of property;
K. Incur debts, liabilities or obligations which do not constitute the debts, liabilities
or obligations of any of the Parties;
L. Enter into separate agreements between the Consortium and any of its members;
M. Assess costs or membership dues to its Members.
Section 3. TERM
The term of this Agreement shall be for fifteen (15) years from the execution of this
Interlocal Agreement by all Parties hereto, unless sooner terminated as provided herein.
The term of this Agreement may be extended by the agreement of the Parties.
Section 4. DEFINITIONS
A. "800 MHZ Tmnked Radio Systems (TRS)' or "System" shall mean the entirety of
any TRS owned by one of the parties.
B. "Backbone system" shall mean those non-user specific elements of the System
which shall be jointly used or shared by the Parties and shall include, but not be
limited to, the construction, modification and/or furnishing of new or
transmitter/receiving sites and related subsystems as required for such System; the
4
construction and/or modification and out-fitting of new or existing equipment
storage facilities at such sites; security of such items, base stations,
transmitters/receivers, microwave subsystem, bunking/simulcast
controllers/system managers, related software and any other jointly used or shared
items.
C. "Board" shall mean the Board of Directors.
D. "Connectivity" shall mean the method of connecting the various sites in the radio
network including, but not limited to, microwave, data links and telephone lines.
E "Consortium" shall mean an authority created to carry out the purposes set forth
in this document.
F. "Eligible Municipality" shall mean any municipality or govemment entity which
provides its own police, fire or other public safety related service.
G. "FCC" shall mean the Federal Communications Commission or any successor
agency.
H. "HUB Group" shall be a geographically related group of municipalities or
government entities for the purpose of providing communication services.
I. "MPSCC" shall mean Municipal Public Safety Communications Consortium.
J. "Member" shall mean any Party to this Agreement. Member and Party may be
used interchangeably.
K. "Smartzone Switch" shall mean a component of the County radio system designed
to provide an interface point with other radio systems.
L. "User Specific Items" shall mean those elements of the system required for each
Party's individual communications system, purchased, installed and/or used
individually by each Party and shall include, but not be limited to, radios, dispatch
consoles, encryption devices, computer terminals, and other communications
structures.
Section 5. GENERAL TERMS AND CONDITIONS
A. This Interlocal Agreement states all the rights, responsibilities and obligations of
the Parties to each other, representing the entire understanding between the
Parties, and superseding all other negotiations, representations, or agreement,
either written or oral, relating to the subject matter of this Interlocal Agreement.
This Interlocal Agreement may not be changed, altered, amended or modified
except by written instrument signed by the duly authorized representatives of all
Parties.
B. The headings given to the sections herein are inserted only for convenience and
are in no way to be construed as part of this Interlocal Agreement or as a
limitation of the scope of the particular Section to which the heading refers.
C. This agreement constitutes an Interlocal Agreement authorized by Section 163.01,
Florida Statutes, being a joint exercise of power shared in common which any
municipality could exercise separately and shall be filed with the Clerk of the
Circuit Court in and for Palm Beach County, Florida.
D. Nothing under this Interlocal Agreement shall be construed to give away any
rights or benefits of any party to this agreement to anyone other than the above
listed parties, and all duties and responsibilities undertaken pursuant to this
6
Interlocal Agreement will be for the sole and exclusive benefit of the Parties, and
not for the benefit of any other agency or agencies.
E. This Interlocal Agreement may not be assigned by any party hereto.
Section 6. BOARD OF DIRECTORS
The MPSCC shall be governed by a board to be known as the Board of Directors. The
governing body of each Member municipality shall appoint one person to the Board. The
governing body shall also select an alternate member for the Board, who shall serve in the
absence of the regular member for whom he or she is an alternate.
A. A chairperson and vice-chairperson shall be selected by and from the Board
membership. Their duties shall be delineated in the by-laws created in accordance
with Section 7-D.
B. The chairperson and vice-chairperson shall serve for a term of two (2) years and
may serve successive terms without limitation. Board members shall serve
without compensation from MPSCC; however, the MPSCC may reimburse the
member for reasonable travel expenses as provided for in F.S. Sec. 112.061.
C. Each Board Member shall have one vote, however votes shall be weighted as
follows; Members' votes from municipalities with a population of 20,000 or less
shall have a weight of one. Members' votes from municipalities with a population
of 20,001 to 50,000 shall have a weight of two. Members' votes from
municipalities with a population of 50,001 or more shall have a weight of three.
The population statistics shall come from the University of Florida's Bureau of
Economic and Business Research.
7
D. Action of the Board shall be by the majority of votes present in consideration of
the weight of each vote.
E. The Board shall establish such procedural rules and regulations for the conduct of
its meetings, as it may deem necessary. These rules and regulations shall become
part of the by-laws.
F. The Board shall meet at least quarterly and at such other times, as the Board shall
determine. All decisions of the Board shall be published in a set of minutes.
Procedures for preparing and distributing the minutes shall be set forth in the
by-laws.
G. The number of members required to constitute a quorum shall be one third of the
total membership. Alternate members as designated in Section 6 may be counted
in establishing a quorum.
H. The Board of Directors may appoint as "Ad Hoc" members a representative from
any public safety agency, which has an interest in countywide radio
communications, but is not a member of the Consortium.
(1.) "Ad Hoc" Members shall not have a vote on issues before the Board of
Directors, but may provide input from their agency for consideration by
the Board.
(2.) "Ad Hoc" Members shall serve without compensation from the MPSCC.
(3.) "Ad Hoc" Members shall not be liable for any costs of the MPSCC.
(4.) The head of the agency selected as an "Ad Hoc" Member shall designate
one person and an alternate to serve on the Board.
8
(5.) The initial "Ad Hoc" Member agencies shall be:
Palm Beach County Sheriff's Office
Palm Beach County Fire-Rescue
Section 7. MANAGEMENT
A. The Board of Directors may delegate responsibility for the oversight of the
Consortium's operations to the Executive Committee.
(1.) The Executive Committee shall consist of the Chairperson of each HUB
Group plus the Chairperson of the Board of Directors. The Chairperson of
the Board of Directors shall serve as the Chairperson of the Executive
Committee.
(a.) In the event the chairperson of a HUB Group is also the
Chairperson of the Board of Directors, that Hub Group shall elect
another member to represent it on the Executive Committee.
(2.) The exact duties and procedures for the Executive Committee shall be
enumerated in the by-laws.
(3.) The Executive Committee may review the actions of the Executive
Director and make recommendations.
(4.) The Executive Committee shall meet as necessary.
(5.) Each member of the Executive Committee shall have one vote on matters
before the Committee.
B. The authority for the day-to-day operation of the Consortium will rest with the
Executive Director.
9
(1.) The Executive Director shall serve at the pleasure of the Board of
Directors. The Board of Directors may enter into a contract with the
Executive Director.
(2.) The Executive Director may recommend to the Board of Directors the
creation of other necessary positions and fill them according to the
personnel procedures set up in the by-laws.
C. Advisory Committees may be appointed by the Board of Directors to provide
direction on matters before the Board.
D. The Board of Directors shall within forty-five (45) days of the effective date of
this Agreement, cause a by-laws document to be created and approved by a
majority of the Board.
(1.) The by-laws shall set forth the operating, administrative and personnel
procedures of the Consortium.
(2.) Nothing in the by-laws may supercede any provision of this Agreement.
(3.) Amendments to the bylaws shall require approval of at least fifty-one
percent of the weighted votes present at the meeting.
(4.) All members must be notified in writing at least twenty-one days prior to
any meeting involving a vote to amend the bylaws.
E. The Criminal Justice Commission of Palm Beach County through its Law
Enforcement Planning Council shall serve as the coordinating entity for the
MPSCC until December 1, 1999 or such time as twenty-five percent of the
eligible cities who desire participation have approved this Agreement.
10
(1.) Upon reaching December 1, 1999 or obtaining twenty-five percem of
eligible municipalities desiring participation, a Board of Directors shall be
appointed by the governing bodies of those municipalities.
(2.) The Board of Directors may appoint an interim Executive Director to begin
establishing the administrative functions of the MPSCC.
(3.) The Board of Directors shall determine when all eligible municipalities
have approved this agreement, declined participation, or declined by reason
of lack of response and that this agreement creating the MPSCC is
considered to be effective.
(4.) The Board of Directors may then appoint a permanent Executive Director.
Section 8. FINANCIAL STRUCTURE
A. The Consortium is a cost sharing organization with costs divided among its
members as set forth within.
B. The Consortium may seek and be entitled to receive funds from the County, State
and Federal Governments.
C. The Executive Director shall prepare an annual budget for approval of the Board
of Directors.
(1 .) The fiscal year for the Consortium shall begin on October 1st of each year.
(2.) The first fiscal year of the MPSCC shall begin with the effective date of
this Agreement and end on September 30th of that year.
(3.) The Executive Director shall within nine months of the effective date of
this Agreement prepare a capital expenditure budget.
11
(a.) Each HUB group shall prepare a budget and submit it to the
Executive Director, or request the Executive Director to prepare a
budget for it. HUB group budgets prepared by the Executive
Director shall be subject to approval by the HUB group. The
Executive Director shall compile a detailed initial budgetary
analysis showing the individual expenses of each HUB and the
total anticipated obligation of each Member municipality.
(b.) The Capital expenditure budget and budgetary analysis shall be
provided to each Member within ten days of their approval by the
Board of Directors.
D. Costs associated with the radio network shall be assigned to the HUB Group that
incurs them. The HUB groups are:
North West
Central South
West-Central School District Police
(1 .) Each HUB Group may select the projects it wishes to be involved in. The
Group may also determine the extent it wishes to participate in larger
general projects.
(2.) Each Member shall select its HUB affiliation within thirty days of
ratifying this agreement.
(3.) Costs within each HUB shall be apportioned according to the percentage
each Member municipality's population is of the total population of all
members in the HUB.
12
(4.) A HUB Group may choose to use a different cost sharing formula within
that HUB.
(5.) The Members of each HUB group shall constitute an advisory committee
to the Board of Directors.
(6.) Each HUB Group shall elect a Chairperson. Actions of the HUB Groups
shall be by majority of votes present in consideration of the weight of each
vote.
E. General operating costs of the Consortium shall be apportioned according to the
percentage each Member municipality's population is of the total population
served by the Consortium.
(1.) The population figure applied to the School District HUB shall be the
averaged population of the Category Two municipalities.
F. Funds coming into the Consortium from sources other than Member payments
shall be used for the expenses of the HUB units and divided according to the
percentage that incoming funds represent in relation to the total budgeted
expenses of the HUB's for that fiscal year. This percentage of the incoming funds
will be applied to each HUB's expenses. Grants of funds obtained for specific
purposes may be exempt from this formula at the discretion of the Board of
Directors.
G. The Consortium shall notify each Member of the amount of its obligation to the
MPSCC for the next fiscal year no later than March 1st of each year.
13
H. Nothing in this agreement shall interfere with or modify any existing agreements
between municipalities regarding the operation of existing or planned radio
systems.
I. The Board of Directors shall establish procurement policies and procedures.
These shall be included in the bylaws.
J. The MPSCC shall hold title to all assets purchased by the Consortium.
K. The Board of Directors shall establish an auditing procedure that shall include at
least yearly audits of the Consortium's financial records by an outside auditing
firm. These procedures shall be delineated in the bylaws.
L. The Board of Directors shall establish procedures for handling the Consortium's
financial transactions and setting up the required accounting systems. These
procedures shall become a part of the bylaws.
M. Members joining the MPSCC after its effective date may be assessed a
proportionate share of prior expenses as determined by the Board of Directors.
N. Radio frequencies belonging to a Member may be used by the MPSCC with the
owner's permission. Frequencies utilized under this sharing agreement will remain
the property of the Member. Frequencies which are an integral part of existing
radio infrastructures, specifically the West Palm Beach and South County
Cooperative systems, shall remain under the sole control of these entities and not
be subject to any restrictions under this Agreement.
(1.) A Member may transfer its frequency license to the MPSCC for
compensation to be determined by the Board of Directors. This
14
compensation will be in the form of a credit towards the Member's
obligations to the MPSCC.
(2.) The MPSCC will be responsible for any licensing fees or expenses for
frequencies transferred to it.
O. The MPSCC may provide radio services for other public safety agencies or
municipal departments other than police and fire.
(1.) Municipalities or agencies desiring these additional services shall send a
request to the Board of Directors.
(2.) The Board of Directors shall set a fee schedule for these services.
(a) This fee schedule shall be included in the initial budget proposal
set forth in Section 8-C.
(3.) The fee schedule may be adjusted yearly by the Board of Directors to
ensure equitable cost sharing.
(a.) The fee schedule shall be included in each fiscal year budget.
(4.) Revenues from these fees will be directed to the HUB Group in which the
user is located.
P. The Executive Board shall establish policies and a cost formula for Members who
contract with other Members for communications services and do not directly
utilize MPSCC services.
Section 9. EMPLOYEE PROCEDURES
A. All employees shall serve at the pleasure of the Executive Director.
15
B. The Executive Director shall prepare a set of personnel policies and procedures
for approval by the Board of Directors. These shall be included in the bylaws
upon approval.
C. The Executive Director shall recommend a compensation package for each
employee classification for approval by the Board of Directors.
D. The MPSCC is an Equal Opportunity/Affirmative Action/Veteran's Preference
Employer.
E. In the event the MPSCC absorbs a communications service of one of its
Members, all employees of that Member associated with that service shall be
given an opportunity to become MPSCC employees. This opportunity shall be
available during a period no less that forty-five days prior to the effective date and
ending fifteen days after that date.
(1 .) All employees absorbed from another member agent must conform to the
policies, procedures and standards of the MPSCC.
(2.) Exact procedures for implementation of this section shall be delineated in
the bylaws.
F. MPSCC employees shall have a benefit package as approved by the Board of
Directors.
G. In the event that a group of agencies elects to participate in a cooperative radio
dispatch center, the group will form a section separate from the radio system
HUBS. The directors of this group will comprise a Dispatch Management
Committee. This Committee shall have authority over the dispatch personnel and
responsibility for setting dispatch and personnel policies.
16
(1.) These policies shall be delineated in a sub section of the bylaws.
(2.) The Dispatch Section will have responsibility for all expenses incurred by
the dispatch operation.
(3.) A Member of a HUB Group may choose not to participate in the
cooperative dispatch center and may still participate in the HUB's radio
system.
(4.) Any Member that participates in the cooperative dispatch center but not in
the radio system shall have a seat and weighted vote on the Dispatch
Management Committee, but shall not have a seat on the Board of
Directors.
SECTION 10. LIABILITY
A. To the extent permitted by law, each Party shall each be responsible for its own
negligence. Nothing herein shall be deemed to waive any immunities granted
pursuant to Section 768.28, Florida Statutes.
B. During the term of this Interlocal Agreement, and any extension thereof, the
MPSCC shall secure and maintain in full force and effect adequate insurance for
all equipment titled to the MPSCC. Adequate insurance shall mean in an amount
sufficient for total replacement of that equipment.
C. The MPSCC shall secure and maintain in full force and effect adequate liability
insurance during the term of this Interlocal Agreement. The amount of insurance
to be deemed adequate shall be determined by the Board of Directors.
17
SECTION 11. DISPUTE RESOLUTION
A. Any disputes or disagreements between any of the Parties shall be heard by the
Dispute Resolution Committee.
(1.) The Committee shall be appointed by the Chairman of the Board of
Directors within ten days of his election.
(2.) The Committee shall consist of one member from each size group of
municipalities for a total of three members. An alternate from each size
group category shall also be appointed to fill-in if an original member
should be a party to a dispute and have to withdraw.
(3.) The Committee shall serve a two-year term.
B. The recommendations of the Dispute Resolution Committee shall be presented to
the Board of Directors for implementation.
C. Nothing in this Agreement will prohibit any member from any legal remedies that
he might otherwise have.
D. This Agreement shall be governed by the laws of the State of Florida. Any and all
legal action necessary to enforce this Interlocal Agreement shall be held in Palm
Beach County, Florida.
(1.) The Board of Directors and each Member shall have the right to enforce
the provision of this Agreement. A defaulting Member shall be responsible
for any court cost and legal fees incurred by the Municipal Public Safety
Communications Consortium.
18
(2.) If after an investigation or litigation of the alleged default, the defaulting
Member is found not to be in default, the Member may recover costs
incurred from the Consortium.
SECTION 12. CANCELLATION OR WITItDRAWAL FROM Tills AGREEMENT
A. In the event that any portion of this Interlocal Agreement shall be held invalid for
any reason, such invalidity shall not effect the remaining portions of this
Interlocal Agreement and the same shall remain in force and effect.
B. Any Party after the effective date of this Agreement may withdraw from the
MPSCC and terminate their interest in this Agreement upon one year's prior
written notice to the Board of Directors.
(1.) Any Member may withdraw from the MPSCC within sixty days of receipt
of the initial capital budget and cost projections as specified in Section 8-C
(3)(b) without penalty and without invoking the notices required in
Section 12-B and Section 12-E, if the budget projections are not
satisfactory to the Member.
(2.) If a Member or Members withdrawal should occur after the first review of
the initial budget and cause a change in the fmancial obligations of the
remaining Members; the Board of Directors shall re-notice all Members of
the new cost figures and allow an additional thirty day withdrawal period
without penalty.
C. There shall be no refund of any payments made under this Agreement for
equipment purchased or services rendered if a Party chooses to withdraw from the
MPSCC.
19
D. No Party shall remove or disconnect any User Specific items from the system that
would result in or cause the system to malfunction or disrupt service to the system
users.
E. Three years prior written notice to the Board of Directors is required to reclaim
any radio frequencies that are shared with the MPSCC and are being utilized by
the MPSCC when a Member wishes to withdraw from this Agreement.
(1 .) Should the MPSCC be dissolved, all shared frequencies will revert back to
their original owner.
(2.) Should the MPSCC be dissolved, any frequencies licensed to the MPSCC
shall be transferred to the HUB Groups utilizing them.
F. Should the MPSCC be dissolved by a two thirds written vote of the membership:
(1.) All equipment and real property being utilized by each HUB group will be
retained by that group.
(2.) HUB Groups will become responsible for any outstanding contracts or
obligations relating to that group.
(3.) Any general assets of the MPSCC shall be dissolved and the proceeds
distributed to the Members in the same manner as general operating costs
in Section 8-E.
(4.) Any outstanding contracts or obligations relating to general operating cost
will be satisfied from the proceeds of the asset liquidation in Section
12-6(C) before any remaining proceeds are distributed to the Members.
(5.) Individual HUB groups may choose to remain operational. A two-thirds
written vote of the members of each HUB group is required to dissolve it.
20
If a HUB Group is dissolved the members may agree to sell or transfer the
operating equipment to one of the members; or the HUB's assets will be
liquidated and the proceeds, after satisfaction of any outstanding
obligations, distributed to the HUB members in the same manner as HUB
costs in Section 8-D (3).
G. All provisions of this Agreement calling for expenditure of ad valorem tax money
by any Party is subject to annual budgetary funding, and should any Party
involuntarily fail to fund any of their respective obligations pursuant to the
Agreement, the Agreement may be terminated as to that Party. However Section
12-E of this Agreement regarding shared frequencies shall apply.
SECTION 13. MISCELLANEOUS PROVISIONS
A. Each person signing this Agreement on behalf of either Party individually
warrants that he or she has full legal power to execute this Agreement on behalf of
the Party for whom he or she is signing, and to bind and obligate such Party with
respect to all provisions contained in this Agreement.
B. Any notice govern pursuant to the terms of this Interlocal Agreement shall be in
writing and hand-delivered or sent via certified mail, return receipt requested.
Notice shall be sent to the Chairman of the Board of Directors and the Executive
Director.
C. The Parties agree to act in a spirit of mutual cooperation and good faith in the
implementation and operation of this Interlocal Agreement.
21
D. The parties agree that no person shall on the grounds of race, color, national
origin, religion, or sex be excluded from the benefits of, or be subject to any form
of discrimination under any activity carried out by the performance of this
Agreement. The Parties hereby agree and will ensure that all contracts which are
executed pursuant to the terms of this Agreement will contain a similar non-
discrimination and equal opportunity clause governing the contractor's or
vendor's activities.
E. This document may be signed in counterpart.
22
IN WITNESS WHEREOF, The Parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF DELRAY BEACH
Jay Alperin Date
Mayor of Delray Beach, Florida
Attest:
City Clerk, City of Delray Beach, Florida
Approved as to Form and Legality:
City Attomey, City of Delray Beach, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged this day of ., 1999,
by Mayor , on behalf of the City of Delray Beach. He/She is
personally known to me or has produced as identification
and did/did not take an oath.
Name:
Notary Public
Serial Number:
My Commission Expires:
23
I:ITY OF DELRI:IY BEI:II:H
Writer's Direct Line: (561) 243-7090
DI:LRAY BFACH
,&~l. Amedea Cit',/ MEMORANDUM
''ll':''''! DATE: October27,1999
993 TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attorne~
SUBJECT: Concession license agreement for Tenni~2enter events.
Attached is an agreement between the City and Alpine Fruit Ice, Inc. (Alpine)
that, if approved, would grant a license to Alpine to sell concessions for three events to
be held at the Tennis Center. The three events are the "Father Martin" event to be held
on November 13, 1999; the "An Evening of Unity" event featuring Archbishop
Desmond Tutu to be held on December 5, 1999; and the "First Night" event to be held
on December 31, 1999. In return for granting this license, the City will receive the
greater of $3,500 or twenty-five percent (25 %) of Alpine's gross sales.
Please place this item on the agenda for the November 2, 1999 City Commission
meeting. If you should have any questions, do not hesitate to contact me.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Becky O'Connor, Treasurer
Brahm Dubin, Dubin & Associates
Initials
CONCESSION SALES LICENSE AGREEMENT
Tills AGREEMENT made this ~ day of , 199 by and between
the CITY OF DELRAY BEACH, FL?ORIDA, a municipal corporation of the State of Florida
(hereinafter referred to as "City") and ALPINE FRUIT ICE, INC., (hereinafter referred to
as "Licensee").
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, the City has entered or will enter into agreements with other Licensees
for the limited use of the Tennis Center for events to be held on November 13, December 5,
and Dece~nber 31, 1999; and
WHEREAS, the City desires to enter into this agreement with Licensee to enable
Licensee to sell concessions at the Tennis Center during the events specified in the license
agreements with the City's other Licensees on November 13, December 5 and December 31,
1999; and
WHEREAS, City has determined that it is in the public interest for the Licensee to
sell concessions and for the City to receive a fixed sum or a percentage of the gross sales frown
said concessions.
NOW, THEREFORE, it is mutually agreed as follows:
1. hlcorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and the recitals are hereby incorporated as if fully set
forth in this Agreement.
2. Term of license. Licensee's limited right to sell concessions under this
concession, agreement is granted solely for the period of time in which City's other Licensees
are authorized to use the Tennis Center as specified in the license agreements with the City for
use of the .Tennis Center on November 13 for the "Father Martin" event, December 5 for the
"An Evening of Unity" event and December 31, 1999 for the "First Night" event
(collectively referred to hereinafter as the "Events").
3. Concessions. Licensee may sell food, confections, beverages, refreshments,
and novelties. Licensee shall not have the right and shall not offer for sale or give away items
that are reserved to Coca-Cola of Florida by virtue of Coca-Cola of Florida's agreement with
Initials
the City. The Licensee shall not have the right to any parking concessions public or private.
The Licenseets rights to revenues are subject to Paragraph 4 of this agreement. All
concessions must be approved 48 hour~ in advance of the scheduled Event by the City or its
designee. The City reserves tile right to reject the sale of any and all concessions before or
during the Event. In addition, Licensee may provide temporary structures at its own expense,
for the sale of concession items provided that the size, construction and location of such
temporary structures shall not impede the normal and safe flow of vehicular and pedestrian
traffic and shall comply with all applicable laws and regulations. In providing the concession
service, Licensee shall remain ultimately responsible to City for all obligations:
a. Licensee shall, prior to colmnencing any activities, obtain any and all
permits and licenses that ~nay be required in connection with the operation of this
concession.
b. All food, confections, beverages and refreshments, etc. sold or kept for
sale shall be first class and quality, wholesome and pure, and in accordance with
Department and Health requirements and shall conform to all federal, state, county,
and municipal laws, ordinances, rules and regulations in all respects.
c. Licensee shall not sell or give away or otherwise dispose of any
commodity which in tile opinion of the City shall cause undue litter.
d. Licensee may, at its expense, furnish additional equipment and fixtures
to be utilized in the concession. Licensee shall submit plans and specifications
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 Licensee shall provide all maintenance, repair and service required
on all equipment used on the concession.
f. Licensee shall keep all fixtures, equipment and personal property,
whether owned by Licensee or City, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so
by City. All state health laws and state health department regulations must be strictly
Initials
complied with. All janitorial services necessary in concession area shall be provided
by Licensee at Licensee's expense.
g. Licensee agrees~at no expense to the City, to dispose of all refuse and
garbage, including gray water, in compliance with all applicable laws, ordinances and
health codes, at Licensee's expense, and to keep outside container areas cleaned at all
times.
4. Gross Sales. The Licensee shall pay to the City three thousand five hundred
dollars (US$3,500) or twenty-five percent (25%) of all gross sales received by
Licensee from the concessions sold during the Events, whichever is greater. Gross
sales is defined as gross sales, less State of Florida's taxes as may be levied on goods
sold or use of the Tennis Center or any other taxes imposed by law. Licensee shall
provide City or its designee a complete accounting of Gross Sales in accordance with
generally accepted accounting principles at the time the balance of Gross Sales is or
would be due, as set forth below. The City or its designee shall have the right to audit
the operations of Licensee prior to and subsequent to the Events in order to verify the
accounting presented by Licensee. The Licensee shall make payment in cash or money
order to the City based upon the following schedule:
(a) US$1,750 shall be paid to City on or before Nov. 10, 1999;
(b) USS1,750 shall be paid to the City on or before December 8, 1999;
(c) If twenty-five percent (25%) of the gross sales are greater than
US$3,500, then the balance of the amount due to City shall be paid on
or before January 4, 2000.
5. Agreement Effective. This agreement is effective when approved and signed
by the City or its designee.
6., Indemnification; Waiver of Liability. Licensee agrees to indemnify, defend,
and hold the City and Dubin & Associates, Inc. harmless from any claims, demands, suits or
other liability by any person, corporation or other entity which may arise from concession
activities conducted by any person, corporation or other entity, including Licensee. Licensee
hereby waives any claims, demands, suits, causes of action or other liability against the City
and Dubin & Associates, Inc. which may arise from concession activities.
3
Initials
7. Required Insurance. Licensee shall at all times relevant herein maintain
workers' compensation insurance coverage for all employees which it employs within the areas
and facilities covered by this Agreeme~; provide a policy or policies of public liability and
products liability insurance which provide limits of at least One Million (USS1,000,000.00)
Dollars for combined single limit coverage; provide liquor liability insurance with limits of at
least One Million (USS1,000,000.00) Dollars and provide fire legal liability in the amount of
Five Hundred Thousand (US$500,000.00) Dollars. Licensee must present the City a
certificate of insurance ten (10) days prior to the first Event to show proof of such insurance
and such certificate shall list the City, its officers, agents and employees, and Dubin &
Associates as additional insureds.
8. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
9. Entire Agreement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
10. Amendments. This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
11. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person oth.cr than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
12. Venue. Any suit filed to enforce the provisions of this agreement or to assert
rights created under this agreement shall be brought in the appropriate State or Federal Court
located within Palm Beach County, Florida.
4
Initials
13. Force Majeure. If Licensee or the City is prevented from or interfered with in
any rammer whatsoever in fully performing its duties or obligations hereunder, for any reason
beyond its reasonable control such as a.fiy law, regulation, act of God, earthquake, flood, fire,
accident, labor controversy, act or threat of terrorism or delay of a common carrier (the
foregoing all being examples of an "event of force majeure"), then Licensee's and the City's
obligations hereunder will be suspended as often as any such event of force majeure occurs
and during such occurrences, Licensee's and City's nonperformance will not be deemed a
breach of this Agreement
IN WITNESS WIIEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this ~ day of , 199
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk Jay Alperin
Mayor
Approved as to form:
City Attorney
ALPINE FRUIT ICE, INC. a Florida
Corporation
By:
Name Printed:
Title:
(SEAL)
Initials
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 199__, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
6
[ITY OF I)ELII;IY BER£H
CITY ATTORNEY'S OFFICE~°° ~TM^~' ~^~ ~^~,, ~o~,~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
F L O R I D A
Ali.America City. MEMORANDUM
''~]':''''! DATE: October29, 1999
993
TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attorneyt
SUBJECT: One-time User Agreement with Ticketm~ter.
The City Attorney's Office is waiting for a response from Ticketmaster-Florida,
Inc. to revisions our office required prior to entering into a One-Time User Agreement
with Ticketmaster for the Desmond Tutu event to be held on December 5, 1999.
Ticketmaster was aware of our deadline, but has been unable to respond to our revisions.
We hope to receive comment by Monday afternoon at the latest in which case the
Agreement will be ready for the November 2, 1999 agenda.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Becky O,Connor, Treasurer
[lTV OF gELllfl¥ BEI:I[H
CITY ATTORNEY'S OFFICE ~00 ~w ~ ^v~,~. ~.^¥ .~^~., ~o.~^ ~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ail.America City MEMORANDUM
October29, 1999
1993 TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attomey~
Ill
SUBJECT: License Agreement for Archbishop DesrlYond Tutu Event.
Attached is a License Agreement between the City and World Centers of
Compassion for Children, Inc. that, if approved, would allow the Tennis Center to be the
venue for the "An Evening of Unity" event featuring Archbishop Desmond Tutu as
speaker. The event will be held between the hours of 7 p.m. and 10 p.m. on Sunday,
December 5, 1999.
The City will be receiving a fee of $5,000.00 for the event. In return, the City
will pay for all utilities used, for police and fire protection, for clean up during and after
the event and for the installation of any floor covering required.
Please place this item on the agenda for the November 2, 1999 City Commission
meeting. If you have any questions, do not hesitate to ask.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Becky O'Connor, Treasurer
Initials
LICENSE AGREEMENT
THIS AGREEMENT made this ~ day of , 199 by and between
the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida
(hereinafter referred to as "City") and WORLD CENTERS OF COMPASSION FOR
CHILDREN, INC., (hereinafter referred to as "Licensee").
WlTNESSETH:
WHEREAS, City owns and controls certain park land upon which is located the
Defray 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 "An Evenin§ of Unity" (hereinafter referred to as the Event); and,
WtlEREAS, the License shall be for the non-exclusive use of the Tennis Center for
the event be§inning December 5, 1999 at 7.p.m. and ending on December 5, 1999 at 10 p.m.
Licensee shall be allowed to move in on December 2~, 1999 and shall be completely moved
out by December 6~, 1999; and,
WHEREAS, for the purpose of this Agreement, the City's designee shall be Dubin &
Associates, Inc., 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, TtIEREFORE, it is mutually agreed as follows:
1. Incorporation of Whereas Clauses. That the provisions set forth and the
clauses set forth above and commonly referred to as "WHEREAS" clauses are hereby
incorporated into the body of this agreetnent and shall have full force and effect herein.
1
Initials
2. Purpose. The parties agree that Licensee shall promote and produce the Event
in a manner which complies with community standards and appeals to the interest of the
general public, and use its best efforts to promote this Event at the Tennis Center. Licensee,
at its sole cost and expense, shall provide management and personnel experienced in the
promotion and production of the Event and for the purpose of supervising and directing
Licensee's obligations under this agreement.
3. Licensee's Rights for the Event. Licensee shall have authority, subject to the
provisions and limitations set forth in this agreement, to enter into contracts or agreements to
put on the Event. All such contracts shall be negotiated and executed by Licensee in its name
and shall not be contracts and obligations of City. All contracts entered into by Licensee shall
specifically contain language which provides that City is not a party to such agree~nent and is
not obligated in any manner by any of the terms therein. The Licensee's rights are subject to
the rights and limitations and obligations that currently exist between the City and Coca-Cola
of Florida.
4. 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 nor 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
hilnself 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 Licensee, that the
person believes Licensee or an employee or agent of Licensee to be an employee or agent of
Initials
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 conunencement
of any activities pursuant to the provisions of this agreement, shall comply with applicable
federal, state, county and City requirements, laws, rules and regulations and all licensing
requirements and receive all necessary per~nissions, permits, approvals and licenses which are
required to perform the activities of producer and promoter as set forth herein.
6. Compliance with La,vs. 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 for itself, and its agents, the sole and
exclusive right to sell or give away refreshments, beverages, candies, foods, confections,
periodicals and any and all other consumables, and other merchandise or other articles, and to
rent and sell merchandise or other articles, and to control the concessions referred to above
and to approve the sale or give away of the 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 for parking without the
express written approval 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 transferred to Licensee which are governed by the City's agreement
with Coca-Cola of Florida and Licensee shall abide by sa~ne.
Initials
8. Utilities and Clean-Up. City shall provide all utilities which shall include, but
not be limited to, electricity, water, sewer, and trash removal and shall also pay for
maintenance and cleanup during and upon completion of the event. City shall provide
maintenance perso~mel to insure the restrooms are maintained and kept clean during and after
the event.
9. Event Personnel and Equipment. Licensee shall provide all personnel needed
for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound
teclmicians and stage hands. Licensee shall be responsible for the installation or removal of
any additional staging or sound and/or lighting which is to be utilized for the Event or any
other equipment of any type or nature which is needed for the Event. Licensee shall designate
a management representative in a timely manner who will coordinate the Event with the City
and its designee. Licensee shall be responsible for the cost of all chair rentals that may be
required and the cost of all staging, lighting and sound 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~ Security and Emergency Personnel. Licensee agrees to make
arrangements with the City Police Department and City's designee to provide for City police
personnel which the City determines, in its sole discretion, is necessary for the Event. City
shall be responsible for the cost of providing police personnel. 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 scheduling of security for each Event. Also, Ltcensee shall
4
Initials
contact the City Fire Department and the City's designee to make arrangements for
Emergency Medical Technician personnel to be present at the Event.
11. 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 the rules or regulations of the Tennis Center or any
city, county, state or federal laws, and neither the City, its designee nor of any its officers,
agents or employees shall be liable in any manner to Licensee or its officers, agents or
employees for any damages which may be sustained by Licensee through the exercise of this
right by City or its designee.
12. Parking and Signage. The City shall provide parking spaces, the number of
which shall be determined in the City's sole discretion, to 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. Licensee shall be
responsible for obtaining all additional parking that may be necessary to provide sufficient
parking for the Event, including such additional parking as may be necessary in the opinion of
the City, in order to ensure adequate parking is provided for the Event.
13. Stage. City shall pay the labor cost to install and remove the stage provided by
the City and to install and remove court covers. Licensee shall provide, install, and remove
any covering necessary to Licensee's equipment and performers at Licensee's sole cost and
expense. A covering shall be provided by the City for the Center Court to insure against
da~nage to the surface. The City shall install, maintain, and remove the court covering.
Licensee shall be liable for damage to the court if such court covering is in place and if the
Initials
court is damaged by persons or events that Licensee has a duty to control. Licensee will have
access to the existing public address system for use during the Event.
14. lusurance. Licensee shall obtain insurance at its own cost and expense of the
type, nature, and amount and pursuant to the terms which are set forth,on Exhibit "A" which
is attached hereto and incorporated herein by reference. The City and its designee shall be
named additional insureds on all insurance certificates.
15. Right to Enter. City and its designee and authorized agents and employees
shall have the right to enter upon the subject premises at any and all reasonable times for the
purpose of inspection and observation of Licensee's operation to assure that requirements of
this agreement are upheld and that no violations of the rules, statutes, ordinances or
regulations have occurred or are occurring. Said inspections may be made by persons
identified to Licensee as City employees or City designees authorized for such inspection or
may be made by independent contractors engaged by City or its designee. Nothing contained
herein shall be deemed a waiver of Licensee's obligation to hold the Event as provided in this
Agreement.
16. Conclusion of Performance. All performances shall end no later than 12:00
A.M. unless otherwise approved by the City, or its designee.
17. Alteratious. Lieeusee 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 tile premises immediately to City's Risk Manager and the City's designee and shall
6
Initials
cooperate fully with City and its designee in the investigation of accidents incurring on the
subject premises.
19. Indemnification. Licensee does hereby release and agree to indemnify,
defend, save, and hold harmless the City, its designees, officers, agents and employees and
Dubin & Associates, Inc. from and against all claims, actions, causes of action, demand,
judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf
of any corporation, person, or govermnental authority whatsoever, predicated upon injury or
death of any person or loss or damage to 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, officers,
agents and employees assume no responsibility whatsoever for any property placed in tile
premises provided for herein and City, its designees, officers, agents and employees are
expressly released and discharged from any and all liability for any loss, injury, damage, theft,
vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to
persons or property which may sustained by Licensee's use of the premises. Licensee further
expressly waives any and all claims for compensation for any and all loss or damages
sustained by reason of any defects, deficiencies, or impairment of the electrical or sound
equipment, water supply, equipment or wires furnished for tile premises or by reason of any
loss or impairment of light, current, or water supply which may occur from time to time for
any cause, or by reason of any loss or damage sustained by Licensee resulting from fire,
water, hurricane, tornado, civil conunotion, riot, theft or other acts of God, and Licensee
Initials
hereby expressly waives all right, claims and demands and forever releases and discharges
City, its designee, officers, agents and employees from any and all demands, claims, actions
and causes of actions arising from any of the causes aforesaid.
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.
22. License; Fees. Licensee shall pay to City for the rights and privileges granted
herein Five Thousand Dollars (US$5,000.00) plus state sales tax and all taxes as referenced
above for the use of the Tennis Center for the Event. Licensee shall make payment of this fee
to the City upon settlement, but in no event later than 1 week after the conclusion of the event.
These fees are in addition to any other fees or reimbursements of whatever nature required or
provided under this Agreement. The License fees paid by Licensee to City shall be forfeited
if the Event is cancelled by Licensee.
23. Tennis Center Capacity and Complimentary Tickets, Licensee shall not
admit to the Tennis Center a larger number of persons than the approved capacity it will safely
accommodate. City shall receive thirty (30) admission tickets at no charge. The location of
the thirty (30) ticketed seats shall be mutually agreed upon and the tickets shall be received by
the City prior to the public sale date.
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 City and its designee have the right to
Initials
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 City for such privilege, an additional charge of Twenty-Five ($25.00)
Dollars per day for each day's delay in payment, retroactive to and beginning with the first
day of the delinquency or the City may assess interest at 12%, whichever is greater. City's
right to assess the penalties for payment made later than the day upon which payment is due
and to keep all deposits in the event of cancellation, shall be in addition to its right to
terminate the license and its rights to seek all other damages and compensation as permitted by
law.
26. Waiver of Breach. Neither the waiver by 'City or its designee of any breach of
the Agreement, condition or provision of this Agreement or the failure of City or its designee
to seek redress for violation of or to insist upon strict performance of, any agreement,
condition or provision, shall be considered a waiver of the Agreement, condition or provision,
or any subsequent breach of any Agreement, condition or provision. No provision of this
Agreement .may be waived except by written agreement signed by the City and Licensee.
27. 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.
9
Initials
28. Entire Agreement. This Agreement constitutes the entire agreement between
City and Licensee and may not be altered, amended, or modified except by an instrument in
writing signed by the parties to the agreement with all the same formalities as this agreement.
29. Force Manicure~ 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.
30. Sublicense and Assignment. Licensee shall not sublicense the subject premises
or any part thereof or allow the same to be used or occupied by any person or for any other
use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner
convey any of the rights or privileges herein granted without the written consent of City.
Neither this Agreement nor the rights herein granted shall be assignable or transferable by any
process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or
bankruptcy either voluntary or involuntary or receivership proceedings.
31. Notice. Any notice or conununication under this agreement shall be in writing
and may b.e 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:
10
Initials
City: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Licensee: World Centers of Compassion for Children
6440 Country Fair Circle
Boynton Beach, Florida 33437
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.
32. Subtitles and Captions. Paragraph headings are for reference purposes only
and in the event that such paragraph headings conflict with any' of the substantive paragraphs
of this Agreement, the paragraph headings shall be disregarded.
33. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
34. Venue. Any action brought to enforce the provisions of this Agreement shall
be brought,in a court of competent jurisdiction in Palm Beach County, Florida.
35. Ticketmaster. No later than fourteen (14) days prior to the event, Licensee
shall provide to the City, if applicable, information regarding seating layout, Ticket structure,
discounts permissible, Ticket header information, color logos, entry information, vision and
hearing information, wheelchair and other accessible seating information and other information
11
Initials
as is necessary for the proper sale of Tickets. Licensee agrees to the City collecting a facility
charge as set forth in Exhibit "B" per ticket sold for the event. Licensee further agrees to pay
any charges imposed by Ticketmaster-Florida, Inc. which include a three percent (3%) charge
on the face value of all tickets sold by credit cards, an inside charge of five cents ($.05) per
ticket, any sales tax incurred and any refunds or chargeback amounts required by
Ticketmaster-Florida, Inc. City shall pay ninety percent (90%) of all amounts due to Licensee
upon completion of the event. City shall pay the balance of the remaining ten percent (10%)
to Licensee within 60 days after the completion of the event, less amounts for which refunds
have been issued. If Licensee fails to hold the event as scheduled, Licensee shall be
responsible to Ticketmaster-Florida, Inc. for all refunds and charges incurred as a result of the
modification, cancellation or rescheduling.
36. 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, FLORIDA
ATTEST: By:
Jay Alperin, Mayor
City Clerk
Approved as to Form:
City Attorney
12
Initials
ATTEST: WORLD CENTERS OF COMPASSION
FOR CHILDREN, INC.
By:
(Name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1999 by , of., WORLD
CENTERS OF COMPASSION FOR CHILDREN, INC. a corporation,
on behalf of the corporation. He/She is personally known to me/or has produced
(as identification.
Signature of Notary Public
tennis ctr license tutu. Agt
13
Initials
EXHIBIT A
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY
BEACH FOR AGREEMENT WITH WORLD CENTERS OF
COMPASSION FOR CHILDREN~ INC.
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 Delray Beach 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. Licensee 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 $I,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
Licensee'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 certification 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.
Licensee shall furnish to the City, Certificate(s) of Insurance evidencing insurance
required by the provisions set forth above, within thirty (30) days after the execution of
this agreement. If so requested by the City, certified copies of insurance policies will be
provided by Licensee.
If any of the above coverages expire during the term of this agreement, Licensee 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. !st Avenue, Delray Beach, Florida 33444.
Insuranceprov/agt
Initials
Exhibit "B"
Facility Fee for Delray Beach Tennis Center- Charity Eventholder
Ticket Price: Facility Fee:
$0.00-$15.00 $.50
$15.01-$20.00 $.75
$20.01 and greater $1.00
[ITY OF OELII IY BERgH
CITY ATTORNEY'S OFFICE ~°° ~ '~ ^~' ~^~ .~^~., ~o~,~^.~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
~ L 0 R I D A
Ali.America City. MEMORANDUM
]llll~llll! DATE: October29, 1999
1993 TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attomey~
SUBJECT: License agreement for Archbishop Desrd6nd Turn event.
Because this item must be considered in conjunction with the One-Time User
Agreement with Ticketmaster, the above-referenced agreement will not be f'malized until
our office receives Ticketmaster's comments with regard to the One Time User
Agreement.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Becky O'Connor, Treasurer
[lTV (IF DELRR¥ BER£H
CiTY ATTORNEY'S OFFICE ~oo ~,~ ,~, ^¥~,~. ~,~¥,~^~,, ~,~o,,,,~^
TELEPHONE 561/243-7090. FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America Ci~ MEMORANDUM
:illi:llll' DATE: October29, 1999
1993 TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attorney~l
SUBJECT: Amendment No. 2 to Agreement with Ma~h Point.
Attached is Amendment No. 2 to the City's Agreement with Match Point, Inc.
(MP) that, if approved, will allow MP to operate a Ticket Box Office located at 30 N.W.
ist Avenue. Once the City's agreement with Ticketmaster is finalized, MP will operate
the ticket box office and the equipment provided by Ticketmaster.
MP will provide the staff for the facility and is responsible for the security of the
equipment and ticket proceeds. MP will also pay the City 80% of all ticket advertising
revenue generated on events that are not sponsored or managed by MP. In return, the
City will pay to MP 40 % of a facility fee that will be charged on all events held at the
Tennis Center.
Please place this item on the agenda for the November 2, 1999 City Commission
meeting. If you have any questions, do not hesitate to contact me.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Becky O'Connor, Treasurer
AMENDMENT NO. 2 TO AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH AND MATCHPOINT, INC.
THIS AMENDMENT NO. 2 to the agreement between the CITY OF DELRAY
BEACH (City) and MATCHPOINT, INC. (MP) is made this day of
,1999.
WITNESSETH:
WHEREAS, the City and MP entered into an agreement dated November 5, 1998 (the
Agreement) and an Amendment No. 1 dated September 22, 1999; and
WHEREAS, the City has entered into an agreement with Ticketmaster-Florida, Inc. to
allow the City to provide ticket sales through outlets provided by Ticketmaster; and
WHEREAS, MP desires to utilize the services of Ticketmaster for its event as set forth
in the agreement dated November 5, 1998; and
WHEREAS, MP will provide staffing and oversight for the box office during specified
periods as set forth in this agreement.
NOW, THEREFORE, for good and valuable consideration, herein provided, the City
and MP agree as follows:
1. Recitations. The recitations set forth above are hereby incorporated as if fully set
forth herein.
2. Definitions.
a. Ticket Box Office. The box office located at 30 N.W. 1st Avenue, Delray
Beach, Florida 33444.
3. Term. The term of this Agreement shall be coextensive with the Agreement
dated November 5, 1998.
4. Responsibilites of MP.
a. Staffing. MP shall provide a staff adequate to operate the Ticket Box
Office during the hours of 9 a.m. to 5 p.m., Monday through Friday, except for legal holidays.
MP may, at its option, operate the Ticket Box Office on weekends or after normal business
hours; in such a case, all provisions from this agreement are applicable to the weekends or after
hours of operation.
b. Security. MP shall at all times be responsible for the security of any and
all tickets, supplies, receipts, and equipment, regardless of whether such items are owned by
City, MP or Ticketmaster-Florida, Inc. MP shall be responsible for reasonably securing the
aforementioned items upon the close of normal operating hours of the Ticket Box Office.
c. Reconciliation/Deposits. MP shall provide and submit to the City or its
designee a daily reconciliation of all ticket sales and amounts collected. MP shall make daily
deposits to the City Hall Utility Billing department on weekdays and shall place weekend
deposits in a safe at the Tennis Center to be deposited by an employee of Dubin & Associates,
Inc.
d. Other Equipment. MP shall provide, at its expense, a fully functional
Visa/Mastercard terminal and printer and a fully functional cash register to be used for ticket
sales.
5. Responsibilities of City. City shall provide telephone lines and service to the
Ticket Box Office. MP or its employees may only use any long distance service provided for
communications directly related to ticket sales at the Ticket Box Office. City shall provide, in
2
its sole discretion, the equipment and supplies necessary to conduct ticket sales operations at the
Ticket Box Office.
6. Events held by MP. MP shall pay any and all charges (including state sales tax)
levied by Ticketmaster-Florida, Inc. for ticket sales allocated to Ticketmaster and related to
events sponsored or managed by MP, other than the rental fee for the Ticketmaster equipment as
set forth in the City's agreement with Ticketmaster-Florida, Inc. City shall pay ninety percent
(90%) of all amounts due to MP upon completion of the event. City shall pay the balance of the
remaining ten percent (10%) to MP within 60 days after the completion of the event, less
amounts for which refunds have been issued.
7. Right to Audit. MP shall keep records relating to the sale of tickets allocated to
Ticketmaster through the Ticket Box Office in accordance with generally accepted accounting
principles. The City or its designee shall have the right to audit any and all records kept by MP,
or the operations of the Ticket Box Office, or both, to ensure proper internal controls.
8. Facility Fee. The City shall pay to MP forty percent (40%) of any and all of the
net of the facility fees charged and collected through ticket sales at the Ticket Box Office. The
amount of the facility fee per ticket is determined by the City in its sole discretion, except for
those events sponsored or managed by MP in which case, the fee will be mutually agreed upon
by City and MP. The City shall pay all amounts due to MP for its share of the facility fee
within fifteen (15) days after the end of the calendar month in which the fees were generated.
9.. City's Right to Enter. In the event that MP fails to perform its duties at the
Ticket Box Office as described in this Agreement, Dubin & Associates, Inc. or the City has the
right to enter into the Ticket Box Office in order to operate the facility. Dubin & Associates, Inc.
3
or the City shall also have the right to enter into the Ticket Box Office after hours at their
discretion in order to operate the facility.
10. Ticket Advertising Revenue. MP shall pay to the City eighty percent (80%) of
any and all net ticket advertising revenue earned by MP for events that are not sponsored or
managed by MP. MP shall pay all amounts due to the City for its share of the ticket advertising
revenue within fifteen (15) days after the end of the calendar month in which the ticket
advertising revenue was generated. In addition to payment of such revenue, MP shall provide,
concurrent with the payment of such ticket advertising revenue, documentation to the City
showing the revenue earned in the month for which the payment is being made.
11. Insurance. MP shall obtain insurance as set forth in Exhibit "A" attached hereto
and incorporated herein as if fully set forth. MP shall additionally obtain insurance in amounts
sufficient to cover the value of the equipment and supplies utilized for the ticket sales operations.
MP shall list the City and Dubin & Associates, Inc. as an additional insured on any policy of
insurance obtained for the ticket sales operation. MP shall, within thirty (30) days after the date
of execution of this agreement, deliver to the City's Risk Manager a certificate of insurance
providing proof of the insurance coverage provided herein.
12. Indemnification. MP agrees to defend, indemnify and hold the City, its agents,
employees, contractors and assigns and Dubin and Associates, Inc. harmless from any causes of
action, suits, claims, damages, liens, judgments, or administrative proceedings related to MP's
operation of the Ticket Box Office or the actions of MP's employees, agents, contractors or
assigns.
Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under common law or Section 768.28, Florida Statutes, as amended from time to
4
time. The provisions of this section shall survive the execution, delivery and performance of this
Amendment No. 2.
13. Signage. MP agrees that City or its designee may temporarily cover signs
erected within the Tennis Center for other events to be held at the Tennis Center including, but
not limited to, the Chris Evert Pro-Celebrity Tennis Classic to be held on December 11 and 12,
1999. City shall pay all costs with regard to the temporary covering and uncovering of signs.
14. Entire Agreement. The original agreement dated November 5, 1998, the
Amendment No. 1 to the Agreement dated September 22, 1999 and this Amendment No. 2,
constitute the entire agreement between the parties with respect to the subject matter hereof and
supercedes all prior verbal or written agreements between the parties with respect thereto. The
Agreement dated November 5, 1998 remains in full force and effect except as expressly
modified herein.
15. Effective Date of Amendment to Agreement. This Amendment No. 2 to the
Agreement dated November 5, 1998 shall be effective upon the approval and execution of the
Agreement between the City and DPBC and when this Agreement is executed by the City and by
MP.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By: , By:
City Clerk Jay Alperin, Mayor
Approved as to legal sufficiency
and form:
By:
City Attorney
5
WITNESSES: MATCHPOINT, INC.
By:
Print Name:
Print Name:
Title:
Print Name: (SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of .,
1999, by , as (name of officer
or agent, title of officer or agent), of (name of
corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
Initials
EXHIBIT "A'
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY
BEACH FOR AMENDMENT NO. 2 TO AGREEMENT
WITH MATCH POINT~ INC.
MP 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 Delray Beach 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 finn. MP 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 bc 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 MP'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. Thc certification 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.
MP shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by
the ptovisions set forth above, within thirty (30) days after the execution of this
agreement. If so requested by the City, certified copies of insurance policies will be
provided by MP.
If any of the above coverages expire during the term of this agreement, MP 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.
Insutanceptov/agt
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~J
SUBJECT: AGENDA ITEM # ~;~]--" - REGULAR MEETING OF NOVEMBER 2, 1999
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION
DATE: OCTOBER 27, 1999
This is before the City Commission to ratify the South Central Regional Wastewater Treatment and
Disposal Board's action on October 21, 1999. By a vote of 7 to 0, the SCRWTD Board approved the
following:
· Authorization to expend $10,000.00 from the Reserve Fund, on an emergency basis, to replace back
drive, brushes, drive belts, conveyor, dams and control board.
Recommend ratification of the action approved by the SCRWTD Board on October 21, 1999.
Ref:Agrnemo16.SCRWTD Board Action of 10.21.99
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
BOARD Telephone
City Council Members of (561) 272-7061 (561) 734-2577
Boynton Beach & Delray Beach Fax: (561) 265-2357
E-mail: scrwwtp@ ix.netcom.com
lq Elq O RAH D Ul !
TO: City Clerk's Office,
CITY OF DELRAY BEACH
FROM: Mary Ann Shumilla /z
DATE: October 22, 1999
RE: RATIFICATION FOR SIGNATURE
Attached is the Ratification from the Quarterly Annual Meeting of October 22, 1999
which require signatures. Would you place this on the Agenda for your next
Commission meeting.
Would you contact me at 272-7061 when this Ratification is executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 21, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 21, 1999, by a vote of 7-0, approve Authorization to Expend ;10,000.
From the Reserve Fund, On An Emergency Basis, To Replace Back Drive, Brushes,
Drive Belts, Conveyor, Dams and Control Board.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
CiTY ATTOPd EY'S OFFICE ,,,w ,,,
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
~l.lm~a City MEMORANDUM
,~ DATE: October 27, 1999
~ 993 TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attomey~
SUBJECT: Royal Palm Boulevard Special Assessmen~k~District -
Resolution of Necessity
The attached resolution, if approved, will authorize City staff to prepare the
assessment roll, mail notices, and advertise a public hearing for the Royal Palm
Boulevard Special Assessment District. The total projected cost of the improvements is
$120,550. The City and the CRA will each contribute $30,138 respectively. The
abutting landowners will be assessed on a front foot and square foot basis the aggregate
amount of $60,276.
The City Commission must approve the resolution of necessity in order for City
staff to prepare the assessmem roll. The City Clerk will publish the resolution for two
consecutive weeks after adoption by the Commission.
Please place this item on the agenda for the November 2, 1999 City Commission
meeting. If you have any questions, please do not hesitate to contact me.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
Paul Dorling, Principal Planner ~
Chris Brown, Director, Community art?
Redevelopment Agency //I,~,~!,-,//,~
?
RESOLUTION NO. 71-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, DECLARING THE
NECESSITY FOR PUBLIC IMPROVEMENTS FOR THAT
SEGMENT OF ROYAL PALM BOULEVARD BEGINNING
ONE HUNDRED FIFTY FEET EAST OF FEDERAL
HIGHWAY AND CONTINUING TO ITS TERMINUS AT THE
YAKE PROPERTY AND DIRECTING THE ESTABLISHMENT
OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A
PART OF THE EXPENSE FOR PUBLIC IMPROVEMENTS TO
THAT SEGMENT OF ROYAL PALM BOULEVARD
DESCRIBED HEREIN; PROVIDING FOR THE ESTIMATED
COST OF THE IMPROVEMENTS; PROVIDING FOR
PUBLICATION OF THIS RESOLUTION; PROVIDING FOR
THE PREPARATION OF THE ASSESSMENT ROLL.
WHEREAS, the City Commission of the City of Delray Beach is authorized to impose
special assessments pursuant to Article 8.4 of the City of Delray Beach Land Development
Regulations and Chapter 170 of the Florida Statutes; and
WHEREAS, the City Commission finds that there is a need for the improvement of Royal
Palm Boulevard; and
WHEREAS, the proposed improvements include reconstruction of Royal Palm Boulevard,
sanitary sewer extension and water main upgrades as specified in the plans and specifications on file
with the City Clerk; and
WHEREAS, the special assessment district will begin 150' east of Federal Highway and
include all properties starting from that point and abutting Royal Palm Boulevard, and including the
Yake also known as the Estuary Property; and
property,
WHEREAS, the total cost of improvements is estimated to be one hundred twenty thousand
five hundred fifty dollars ($120,550); and
WHEREAS, the City and the Community Redevelopment Agency have agreed to each pay
one third of the cost of the improvements or approximately thirty thousand one hundred thirty-eight
dollars ($30,138) each; and
WHEREAS, the owners included in the special assessment district shall be assessed based
on a combination of front and square footage the aggregate amount of sixty thousand two hundred
seventy six dollars ($60,276); and
WHEREAS, the City Commission directs City staff to place on file in the City Clerk's
Office specifications and cost estimates for the improvements; and
WHEREAS, the abutting property owners may pay the special assessment in one lump sum
no later than 30 days following final consideration of the special assessment after construction is
completed or the property owners may pay the assessment in ten (10) annual installments at an
interest rate of 8%; and
WHEREAS, the lands upon which the special assessment shall be levied are abutting upon
the street improvements and specifically benefited thereby by improved access to and from Federal
Highway, improved pedestrian flow, upgraded utilities and increased property values and further
designated by the map and land descriptions attached hereto as Exhibit "A"; and
WHEREAS, the City Manager shall prepare and present to the Commission an assessment
roll showing the lots and lands to be assessed and the amount of the assessment as to each.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission hereby declares a need for the public
improvements within the special assessment district in conformance with the above recitals and for
the imposition of a special assessment in conformance with this resolution.
Section 2. That the City Clerk shall publish this resolution for two consecutive weeks
following its adoption.
Section 3. That this resolution shall take effect immediately upon passage.
on this the 2nd da~ of November, 1999.
PASSED AND ADOPTED in regular session
ATTEST:
city/Clerl~ / /
2 Res. No. 71-99
ALLEN AVENUE
,,-oo,-~o,. ,M S A
EASTVIEW AVE.
LAKE AVENUE N. ~
LAKE AVENUE S.
DENERY LANE
N ROYAL PALM BOULEVARD
~ ' "'"" '' PROPOSED SPECIAL ASSESSMENT DISTRICT BOUNDARY ·
CITY OF DELRAY BEACH, FL
PLANNING & ZONINC DEPAR'~alENT NOTE: PROPERTY CONTROL NUMBERS FOR THE PARCELS DEPICTED BEGIN WITH: 12-43-46-09-
~ii~A~ TELEPHONE 561,'243-7090. FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
l~.A,n~ca ¢it~ MEMORANDUM
::Il[fill'DATE: October26, 1999
993 TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attorne~
SUBJECT: Resolution authorizing execution of a~l~ocal Agency Agreement and a
Joint Participation Agreement to effectuate improvements on West
Atlantic Avenue.
Attached is a resolution authorizing the l City to execute a Local Agency
Agreement and a Joint Participation Agreement that allows the City and CRA to go
forward with improvements to West Atlantic Avenue as contemplated by the interlocal
agreement between the City and CRA dated September 29, 1999 (also attached).
The two agreements essentially allow the City to take certain actions and provide
oversight for the improvements to West Atlantic without the need for FDOT to be
directly involved. Approval of the resolution would allow the City to execute the
agreements and for the improvements to move toward fruition.
Please do not hesitate to contact me if you should have any questions.
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 69-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
EXECUTION OF A LOCAL AGENCY AGREEMENT AND A
JOINT PARTICIPATION AGREEMENT; PROVIDING AN
EFFECTIVE DATE FOR THIS RESOLUTION.
WHEREAS, the State of Florida Depa~nent of Transportation and the City of
Delray Beach desire to facilitate West Atlantic Avenue beautification; and
WHEREAS, an interlocal agreement with the Community Redevelopment Agency
for the improvements to West Atlantic Avenue was approved by the City Commission and was
executed by the City on September 29, 1999; and
WHEREAS, the State of Florida has requested the City execute and deliver to the
State of Florida Department of Transportation a Local Agency Agreement and a Joint Participation
Agreement for the aforementioned project; and
WHEREAS, the interlocal agreement dated September 29, 1999 provides that the
City shall enter into a Local Agency Agreement and a Joint Participation Agreement in order to
effectuate the improvements to West Atlantic Avenue; and
WHEREAS, the City Commission of the City of Delray Beach desires to enter into
the Local Agency Agreement and the Joint Participation Agreement and hereby approves the
agreements and authorizes the execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are hereby incorporated as if fully set
forth herein.
Section 2. That this resolution shall take effect mediately upon passage.
PASSED AND ADOPTED in regular session on this the 3~d day of November,
1999. ~A~
ATTEST:
- ~'~ity Cierk! --- '
LOCAL AGENCY PROGRAM AGREEMENT
No. /~04862-1-54-01 Fund SAI~$ Approp.
Function SAMAS Obj.
Count~ No. Federal No. Org. Code
Contract No. Vendor No.
THIS AGREEMENT, made and entered into this day of , ]999 ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter calledthe Department, and The CJ.t:y of Delray Beach
hereinafter called the agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project he.reinatter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as.
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
14est: ^r. lanrJ, c ~au~:i£icat~.on and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) A~t'ltt~ are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualifed to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before March 15 ~ 2003
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of
scheduled completion as provided in this paragraph unless an extension time period is requested by the Agency
and granted in writing by the District Secretary, District ZV prior to the expiration .of the agreement.
Expiration of this Agreement will be considered termination of the project.
2.03 Pursuant to Federal, State, and Local Law: In the event that anY'election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to §nable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe, assume or carry out;any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
'.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including
.,deral aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.OS Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such
data, reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
Administration may require.
3.00 Project Cost:
3.01 Total Cost: The total estimated cost of the project is $ 6 ]. 8,70 $./~0 . This amount is based upon
the estimate summarized in Exhibit "13" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total estimated cost of the project and any deficits involved. The estimate may be
modi§eO by mutual agreement as provided for in'4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed; .-
b) Availability of funds as stated in paragraphs 3.04 and 3.05' of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
3.05 Multi-Year Commitment: in the event this Agreement is in excess of $25,000 and has a term for a pariod of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money shall be paid on such contract. The Department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one year, but any contract so made shall be executory only for the value of
the sauces to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000
dollars and which have a term for a period of more than one year,'
3.06 Notice to Proceed: No cost may be incurred under this contract until the Local Agency has received a Notice to
Proceed from the DepartmenL
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not Incurred in
conform;'ty with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and I~. licies and procedures
· prescr'~ed by the,Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. (23 CFR 1.9 (a)) If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported, the Department shall
notify the local agency, in writing, citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement, for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execuUon of this Agreement, a project estimate, shall
be prepared by the Agency and approved by the Department. The Agency shall maintain said estimate, carry cut the
project and shall incur obligations against and make disbursements of project funds only in conformity with the latest
approved estimate for the project. The estimate may be revised by mutual written agreement beb, veen the Department
and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the
Department's Federal Aid Program Office. No estimate increase or decrease shall be effective unless it complies with
fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred includes the Agency's gener.al accounting records and the
project records, together w~th supporting documents and records, of the Agency and all subcon~actors performing work on
the project, and all other records of the Agency and subcontractors considered necessary by the Department for a proper
audit of costs. If any litigation, claim, or audit is started before the expiration of the 5 year period, the records shall be
retained until all litigation, claims, or audit findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. '
Costs in excess of the latest approved estimate or attributable to actions which have not received the required approval of
the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services c~)ntributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: The Agency shall provide to the Department for each of its fiscal years for which the project account
remains open, an audit report prepared either by its official auditor or audit agency or an independent certified public
accountant, reflecting the use of the funds of the Department, the Agency, and those from any other source v~th respect to
the project as required by the Department's Procedure #.450-021-001, "Recipient/Subrecipient Single Audit Procedures.'
Audits shall be performed in accordance with generally accepted government auditing standards contained in the
Standards for Audit of Governmental Organizations, Programs, Activities and Functions, issued by the U. S. General
Accounting Office and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The
Agency shall require its auditors to include in their report a schedule of project assistance which shall include a schedule of
project assistance that will reflect the Department's contract number, WPI number, Job number, and the Federal
Identification number, where applicable, and the amount of state funding.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administra~on to inspect all work, workmanship, materials,
payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency, or any contractor,
sub-contractor, or materials vendor, to allow public access to ali documents, papers, letters, ~r other material subject to
the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.
(Section 287.051~(1)(c), Florida Statutes)
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida Statutes)
FO~ S2~01G~Q
Any request for reimbursement of travel expenses must be submiffed in accordance with ~Gc~o~ 112.061, Florid'
StatUes. The Depa~ment may establish rates lower ~an ~e ma~mum pro~ded in Sec~on 112.061, Florida Sta~tes.
(SecUon 287.058(1)(b), Florida Statutes)
If, after project completion, any claim b made by~e Depa~ment resul~ng flora an aud~ or for work or se~ces pedormed
pumuant to ~is Agreement, the Depa~ment may offset such amount from paymen~ due for work or sauces done under
any agreement which ~ has ~th the Agency owing such amount if, upon demand, payment of the amount b not made
~hin s~ (60) da~ to the Depa~ent. Offseffing any amount pumuant to ~is section shall not be considered a breach of
contract by ~e Depa~ment.
7.00 The Depa~ment's Obligations: Subject to other provisions hereof, the Depa~ment will honor requests for
reimbursement to the Agency in amoun~ and at ~mes deemed by ~e Depa~ment to be proper to ensure ~e ca~;ng out
of the project and payment of the eligible cos~. However, no~standing any other prov~ion of this ~reemeflt,
Depa~ent may elect by notice in w~ng not to make a payment if:
7.01 Misrepresentation: The ~enw shall have made misrepresen~on of a matedal nature in
supplement ~ereto or amendment ~ereof, or in or ~ respe~ to any document of data ~rn~hed ~ere~ or pumuant
hereto;
7.02 Lffigation: There ~ then pending li~gation with respect to ~e pe~ormance by the Agency of any of ~s d~es or
obliga~ons which may jeopardize or advemely affect ~e project, ~e Agreement, or paymen~ to ~e proje~;
7.03 Approval by Depa~ment: The Agency shall have taken any action pe~aining to the project which, under this
agreement, requires the approval of the Depa~ment or has made related expenditure or Incurred related obligations
~out ha~ng been ad,sad by ~e Depa~ent ~at same are appr~;
7.04 Conflict of Interest: There has been any ~ola~on of ~e confli~ of ~terest pro~o~ contained herein; or
7.05 Default: The Agenw has been datelined by ~e Depa~ment to be in default under any of
Agreement.
7.06 Federal Paflicipation: The Depadment may suspend or terminate pa~ent for ~at ~on of
FHW~ or ~e Depa~ent a~ng in lieu of ~e FHWA, may designate as Ineligible for Fedem~a~.
7.07 Disallowed Costs: In determining the amount of the pa~ent, ~e DeFraYment ~11 exclude ell proje~s co~
~curr~ by the ~ency p~or to ~e effec~e date of ~is Agreement or ~e date of au~o~za~on,
ex,ration of the agreement, cos~ which are not prov~ed for In ~e latest approved es~mate for
a~b~able to goods or sauces receded under a conba~ or offier affangemen~ ~lch have not ~en approved in
by ~e Depa~ent.
8.00 Te~ination or Suspension of Project:
8.01 Te. rmination or Suspension Generally: The Department may, by written not]ce to the Agency, suspend any or all of
its obligations under this Agreement until such t]me es the event or condition resulting in such s(zspension has ceased or
been corrected, dr the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating the agreement, or (b) suspending the agreement and notifying the Agency of the del~ciency
with a requirement that the deficiency be corrected within a specified time. other'wise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time period for completion of the agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the agency,
the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or
specify the stage of work at which the agreement is terminated.
CC~$'r',qUCT'CN
· If the Agreement is terminated before performance is completed, the Agency shall be paid for the work saUsfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include
any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and estimate as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimat~ within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in w~ng by the Department, the Agency shall not execute
any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
construction contracts or amendments thereto, with any third party with respect to the project without the written approval of.
the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The
Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants" Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section
287.055, Flor'~la Statutes, Consultants Compe~ve Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 C.F.R. Part
23, as emended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in
part with Department funds under this Agreement. The DBE requirements of 49 C.F.R. Part 23, as emended, apply to this
AgreemenL
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged B~siness Enterprises es
defined in 49 C.F.R. Part 23, as amended, have the maximum opportunity to participate in the performance of contracts
and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in
accordance with 49 C.F.R. Part 23, as amended, to ensure that the Disadvarttaged Business Enterprises have the
maxinlum opportunity to compete for and perform contracts. The Agency shall not discriminate on the bas'= of race,.color,
national origin or sex in the award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with Subpart (E) of 49 C.F.R., Part 23, as amended.
11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:'
11.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex. national origin,
:sability or marital status. The Agency will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, age. religion, color, gender, national origin,
disability or marital status.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment o.
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual
relationship in all its contracts in connection with the development of operation of the project, except contracts for the
standard commercial supplies or raw materials~, and shall require all such contractors to insert a similar provision in all
subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves
installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous
places available to employees and applicants for employment for project work, notices to be provided by the Department
setting forth the provisions of the nondiscrimination clause.
11.02 Title V1 - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (4:2 U.S.C. 2000d). the Regulations of the Federal Department of Transportal~on issued thereunder,
and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure complianc~ wit~ T~le VI of the CMl Rights
Act of 1964; 49 C.F.R., Part 21; and related statutes and regulations.
11.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto.
11.04 Debarment: Contractors who are currently suspended, debarred or voluntarily excluded under 49 C.F.R. Part 29 or
otherwise determined to be ineligible, shall be prohibited from participating in the Federal-aid highway program. (23 C.F.R.
635.110 (e))
11.05 Public Entity Crime: 'A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
11.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in
the project, in which any member, officer, or employee of the Agency or the locality during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure uny such Interest, and if such Interest is immediately disclosed.
to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this'~ubsection:
Provided, that any such present member, officer or employee shell not participate in any action by the Agency or the
locality relating to such contract, subcontract, or arrangement.
The Ag.ency shall insert in all contracts entered into in connection with the project or any property included or planned to be
included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
'No member, officer, or employee of the Agency or of the locality during his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories,
or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
11.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United State:
shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
12.00 Miscellaneous Provisions:
. 12.01 Environmental Pollution: The Agency will be solely responsible for compliance with all applicable environmental
regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for
· ' any loss incurred in connection therewith. The Agency will be responsible for securing any applicable p~rmits.
12.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
12.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then
exist, on the part of the Agency, and the making of such payment by the Department while any such breach or
default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such
breach or default. .
12.04 How Agreement is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invar~,
the remainder of this Agreement shall not be affected. In such an instance the remainder .woul. d then continue to conform
to the terms and requirements of applicable law.
12.05 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
12.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable State law:. Provided, that if any of
the provisions of the Agreement violate any applicable State law, the Agency will at once notify the department in writing in
order that appropriate changes and modifications may be made by the department and the Agency to the end that the
.Agency may proceed as soon as possible with the project.
12.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission, or negligent act by the Agency, its officers, agents, or employees during the
performance of the Agreement, except that neither the Agency, its officers, agents, or its employees will be liable under this
paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission, or negligent act by
the Department or any of its officers, agents, or employees during the performance of the Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes or any
similar provision of law.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) v,~rking
days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine
whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the
- Dep~rtment in such claim as described in this se~on. The Department's failure to promptly notify the Agency of a cla'un
shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The
Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any.
However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
12.08 Plans and Specifications: In the event that this Agreement involves constructing and equippihg of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency written approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
eemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
r-ORM S2S.C10-.~
12.09 Agency Certification: The Agency will certify in wri~ng prior to project closeout that the projec[ was completed in
accordance v~th applicable plans and specifications, is in place on the Agency facility, that adequate t~le is in the Agency
and that the project is accepted by the Agency as. suitable for the intended purpose.
12.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural All words
used in the plural form shall extend to and include the singular. All words ~ed in any gender shall extend to and include
all genders.
12.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
12.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the
Agency, to .any person for influencing or attempting to influence sny officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any.
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congre.~s in connection with this Joint Participe§on Agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
12.13 Maintenance: The Agency agrees to maintain any project, not on the State System, constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (will) (will not) maintain the
improvements made for their useful life.
12.14 VendOrs Rights: Vendors (in this document identified ss Agency) providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and
approve the goods a. nd services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver s request for payment (voucher) to the Department of Banking and Finance. The 20
days are measured from the latter of the date the invoice is received or the goods or services are. received, inspected and
approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspe~on and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes will be due and payable, in
addition to the invoice amount to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the
Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will
result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) frum the
Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline,
1-800~848-3792.
IN ~TNESS WHEREOF, ~e pa~es have ~used ~ese presents to be executed the day and year first above
wr~en.
AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By: By:
Title: Dist~i~t Secretary
Attest: By:
T~le: · Executive Secretary "
, ¢,~,/
Attorney I I District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
FIN NO. 404842-1-54-01
EXHIBIT A
Project DescdplJon and Responsibilities
This exhibE ~rms anintegralpa~ ofthatcertain ReimbummentAgreementbetweenthe State ofFiorida, Departrnentof
Transpoda§on and
The City of Delray Beach, FL
Dated
PROJECT LOCATION:
This project (~ is (~ is not on the Na§onal Highway System.
This project (~ is (~) is not on the State Highway System.
PROJECT DESCRIPTION: ,-
Beautification of SR 806, 1~est Atlantic Avenue, betveen I/t//SW 1st Avenues and
NW/SI/ 4th Avenues. Project involves installation of brick paver sidewalks and
crosswalks, street lights, undergrounding electric, landscape nodes, drainage,
landscaping, and irrigation in the public right-of-way.
SPECIAL CONSIDERATION BY AGENCY:
SPECIAL CONSIDERATION BY DEPARTMENT:
iL.AGENCY NAME & SILLtNG ADDRESS ~ FiN. NO.
ity o[ Delray Beach ~TATEOFFLO~JOAOEPARTMENTOFTRAN$~aORTAT~N
~TTN: David Harden LOCALAGENCY PROGRAM
AGREEMENT
100 1~ 1st Avenue EXHIBIT'B' I 404842-1-54-01
elray Beach, FL 33444 ESTIMATE OF FUNDING
PROJECT DESCRIPTION
Name 14est Atlantic BeautiEication, Phase l! Length
Te~nini From NI~/$14 Ist Avenues to 1q~/$I4 4th Avenues
ESTIMATE OF FUNDING
TYPE OF WORK (1) (2) (3)
ESTIMATED TOTAL ESTIMATED AGENCY ESTIMATED FEDERAL
PROJECT FUNDS FUNDS FUNDS
IP.E. a. Agency Work
b. Other Design 90,000 ~,5, OOO ~,OOO
c. Department Serv~ee
d. Total PE Cost Elairnate (a+b+c)
Right-of-Way e. Agency Work
f. C)~er
g. Departme~ Set'does
It Total PE Cos~ Estimate (e+f+o)
Construction L 'CmUact 491,036. _66~036. 425 ~000,
i. Other
k. Ot~er
L
m. Total Contract Costs (l+j+k+l)
C~mx~k~ Engin~r~g
n. Agency
e. Omer Construction ~'.ngineering . 3i.,bTU' ""~,6'70 30~000
p. Department Forc~ ......
r. Total Const~cflon Cost Estimate (m+q)
s. TOTAL COST ESTIMATE OF THE
PROJECT (d+h+r) 6 ]. 8,705 1.1. 8,705 500,000
'Federal pa~cipat~on in Construction Engineering (q) is limited to 15% of the Total Contract Costs. (line m, column 3)
howeveC il il understood that the rate may vary. The Agency agrees that thJ~ agreement il entered without relying upon any representation by the State
made outaide of thi~ contract, o~ contained herein, as to what the Federal participation rate will be. It further Igmee that I~ will not condition any future
aclk~n~ with reepact to Ihe project oovared by thi~ agreement upon past, ourrent, ot future I'epreeentations al to the Federal participation rote. The doaar
amount of Federal Padicipatton cannot ixoeed the amount ~,hovm in line I., column (3)..All co, ts no{ reimbursed by the Federal Govamment shall be
the responsibility of the Agency.
EXHIBIT M
Landscape Maintenance Agreement
Article 12.13 is expanded by the following:
The Department and the Agency agree as follows:
1. Until such time as the Project is removed from the Project Highway pursuant to Paragraphs 3 and 5 hereof, the Agency shall
at all times maintain the Project in a reasonable manner and with due care in accordance with all applicable Department guidelines,
standards and procedures (Project Standards"). Specifically, the Agency agrees to:
(a} Properly water and fe~3ize aa plants, keeping them as free as practicable from disease and harmful insects;
(b) Properly mulch plant beds;
(c) Keep the premises free of weeds;
(d) Mow and/or cut the grass to the proper length;
(e) Properly prune all plants which responsibll~7 includes (i) removing dead or diseased parts of plantl or ('i) pruning auch parts
thereof which present a visible hazard for those using the roadway;, end
(f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants thit fail bMQw original Project
Standards.
The Agency agrees to repair, remove or replace at its own expense all or part of the Project that faits below Project Standards caused by
the Agency's failure to maintain the same in accordance with the provisions of this paragraph. In the event any part or pads of the
Project, including plants, have to be removed and replaced for whatever reason, then they thai be replaced by parts of the tame grade,
size and specification as provided in the original plans for the Project. Furthermore, the Agency agrees to keep litter removed from the
Project Highway.
2. Maintenance of the Project shall be subject to periodic inspections by the Department. In the event that any of the
aforementioned responsibilities are not carried out or are otherwise determined by the Department to be not in conformance with the
applicable Project standards, the Department, in adcrrlJon to its right of termination under Paragraph 4(a}, may at its o~on perform ~ny
necessary maintenance without need of any prior notice and charge the cost thereof to the Agency.
3. It is understood between the parties hereto that any or M of the Project may be removed, relocated or a~usted It any time in
the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise
changed to meet wff. h the future criteria or planning of the Department. The Agency sha~ be given nolice regarding such removal,
relocation or adjustment and shall be allowed sixty (60) days to remove all or part of the Project it its own cost. The Agency wi own that
part of the Project it removed. After the sixty (80) day removal period, the Department will become the ovw~er of the unramoved portion of
the project and the Department then may remove, relocate or adjust the Project m it deems best, with the Agency being responsible for
the cost incurred for the removal of the Project.
· ' 4. This Agreement may be terminated under any one of the following concr~ons:
(a) By the I~epartment, if the Agency fails to perform its duties under this Agreement following lifteen (15) days' written notice.
(b) By either party following ~ (60) calendar days' written notice.
5. In the event this Agreement is terminated in accordance with Paragraph 4, the Agency shall have sixty (60) day~ after the date
upon which this Agreement is effectively terminated to remove all or part of the remaining Project at ~ own cost and expense. The gency
~ll own that part of the Project it removed· A/tar the sixty (60) day removal period portion of the Project. the Department then may take
any action with the Project Highway or all or part of the Project it deems best. with the Agency being responsible for any removal costs
incurred.
EXHIBIT M
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
Article 1:2.13 is expanded by the following:
The parlies mutua~y agree and covenant as follows:
1. When the District Traffic Operations Engineer of the Department has served a request order on the Agency, and the
designated officer of the Agency named in the Resolution accompanying this Agreement has favorably acknowledged the request order,
the Agency shall undertake the responsibilities to maintain and operate existing or new traffic signals and signal aye!ems mentioned in the
request order.
2. The proposed functional design and operation of new traffic signals and signal systema shall be reviewed by the Agency in
conjunction with the Department prior to installation. Such design and operation w~ be as energy efficient as possible.
3. The installation of signals or signal systems shall not endanger highway travel and shall be 'conducted in accord with Part VI of
the Manual on Uniform Traffic Control Devices (MUTCD} es amended, and with a~ applicable Department standards, specificalion~ and ' '
plans governing traffic control for street and highway construction and maintenance.
4. The Agency shall be responsible for the maintenance and continuous operation of the t~'affic signals and signal aystem~,
the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems upon
completion of their installation. In the case of construction contracts, the Agency shall be responsible for the payment of electricity and
electrical charges incurred in connection with the operation of the traffic signals and signal systems beginning with the burn-in period
following condi'donai acceptance of the signal installation by the Department, and shall undertake the maintenance and conlinuoua
operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Repair or replaceme~
and other responsil~ilities of the installation cont,'actor end the Department, during the bum-in period between cono~onal and final
acceptance, ere contained in the Department's Standard Specifications for Road end Bridge Construction.
5. The Agency shall maint~n and operate the traffic sign~ and signal s~ema in a manner that will ensure safe and ~ffictant
movement of highway traffic and that agrees with maintenance practices prescribed by the International Municipal Signal Association
(IMSA) and operational requirements of the MUTCD, as amended. The Agency's maintenance responsibili~es shall include, but no~ be
Emited to, preven~e maintenance (periodic inspec~on, sauce and rou~ne repairs), and emergency maintenance (trouble shooting in the
event of equipment malfunc§on, failure, or damage). The Agency shall record its maintenance activ~es in a traffic signal maintenance log
which shall contain, as a minimum, traffic signal log details recommended by the IMS~
6. The Agency may remove any component of the inst~led equipment for repair, however, it shall not make any permanent
mocr~cations and/or equipment replacements unless the equipment provided is the same age or newer and is capable of performing lt~e
same fun~ons. The Department shall not make any modifications and/or equipment replacements withou~ prior written notice to the
Agency.
7. The Agency shall set and maintain the liming and phasing of the traffic signals in accordance with the Department's timing
and phasing plans, specifications, or special provisions. The Agency may make modifications in phasing of signals and signal ayster~ t~
accommodate changing need~ of t~affic provided prior written approval is obtained from the Department. Department approval ehal be
contingent upon an engineering report prepared by. or for, the Agency in accordance with Section 1A-4 of the MUTCD recommending
such changes and signed and saaled by a quarried Professional Engineer registered in the State of Florida. The Agency may make
change~ in the signal timing provided these changes are made under the direclion of a qualified Professional Engineer. The Agency ihal
send a signed/sealed copy of the limings to the Depa~nent immediately after installation. The Depa~m~ent reserves the right to examine
equipment, liming and phasing at any lime and, after consultation with the Agency, may specify modifications. If the Department specifies
modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by, the Agency.
8. The Agency cheil note in the maintenance log any time/phasing changes and keep a copy of the limings and any approval
documentation in a file.
9. The Agency may enter into Agreements with other pa~es pertaining to traffic signals and signal systems including, but not
limited to. agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the
State Highway System. provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The
gency shall furnish a copy of such Agreements to the Department.
10. This Agreement shall remain in force during the life of the odginal installed equipment and/or the life of any replacement
equipment installed with the mutual consent of the pa~es hereto.
6. This Agreement embodies the entire agreement and understanding between the pa~es hereto and there-are no other
egreement~ or understandings, oral or wr~en, with reference to the subject matter hereof that are not merged herein and superseded
hereby.
7. This Agreement may not be es.~gned or transferred by the Agency in whole or in pert without consent of the Department.
8. This Agreement shall be governed by and construed in accordance vv~ the laws of the State of Florida.
9. All not~ces, demands, requests or other ins~Jments shM be given by depa~i~ng the uma in the U.S. Mall, poslzge Prel~id,
registered or cat,fed with return receipt requested, or by ~ex or telegram:
(a) If to the Depar~nent, addressed to:
Florida Depa£tment of Tzauspo£tatlou~ District IV
3400 West Commercial Bouleva£d
Fort Lauderdale, FL 33309-3421
ATTN:
or at such other address as the Department may f~om time to time designate by w~itten notice to the Agency; ~nd
(b) If to the Agency, addressed to:
City of Delray Beach
100 ~ ].st. Avenue
De].ra7 Beach, FL 33/+44
ATT~I: David T. Ha£deu, City Nana~er
or at such other address as t~e Department may from time to time designate by w~en notice to the DepartrnenL
All t~me ~mits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other instrumentz.
EXHIBIT R
ADVANCE PROJECT REIMBURSEMENT
Arlicie 2.02. eecond and third aentence are deleted and the following subal~'uted:
This agreement thall continue in effect and be binding on all pe~es until the project is completed, any subsequent Ii, gallon is complete
and terminated, final costs are known, end legislatively appropriated reimbursements, if approved, are made by the Department.
Article 7.00, first sentence is deleted and the following sul~uted:
The Department agrees to reimburse the Agency in accordance with Se~on 339.12 of the Florida Statute~ an amount not to exceed the
total es~mated cost epeci~ed in Article 3.01 beginning in the Department's Fiscal Year 200 3 . If the funds programmed by the
Department are programmed over a mu~year period, an annual amount equal to the amount programmeo~41 be reimbursed in each of
these years. If an annual amount appropriated for the project and payable to the Agency is less than $2,000,000, the payment v~l be
made in · lump eum in the year the project is scheduled in the Department's Work Program as of the date of the agreement. If an annual
amount appropriated for the project and payable to the Agency is $2,000,000 or greater, payment v~ be made in equal quarterly
payments over 10 quarters beginning in September of the year the project is scheduled in the Department's Work Program as of the date
of the agreement
The Department further agrees to request appropriation of said amounts from the Legislature prior to each ~cal year in quest]on.
Approved:
Comptroller
Flodda Department of Transportalion
525=010-300 August 20,1997, R~v: April 1~, 1999
Local A~ency Program Manual Chapter 2 Section 2
INSTRUCTIONS FOR PREPARING LOCAL AGENCY PROGRAM AGREEMENT
.01 FIN. - Leave blank. IrDOT will enter.
.02 County No. - Leave blank FDOT ~iH enter FDOT County Number.
.03 Fund - Leave blank. FDOT will enter fund code.
.04 Function - Leave blank. FDOT will enter function code.
.0~ Federal No. - Leave blank. FDOT will enter federal aid participation number supplied by FI4W.e~
.06 Contract Number - Leave blank. FDOT will enter contract number. "
.07 Obj. - Leave blank. FDOT will cater SAMAS object code.
.08 Approp. - Leave blank. FDOT will enter SAMAS appropriation code.
.09 Org Code - Leave blank. FDOT will cuter organization code.
.10 Vendor Number - Leave blank. FDOT will enter SAMAS vendor code.
.11 Date on which FDOT executes agreement. (To be entered by District after all s~,,e-~s are complete.
Date mu.st not be earlier than date of fund approval.)
.12 O~cial Legal Description of the Agency.- Include address.
.13 Sec. 1.00 - Ent~ Description of Work in ea.si]y understood terms. Include any special rcqulrunents. Of
space is in~ provide an attac~r-ent. Do not tztype the page)
.14 Sec 1.00 - Lett~ designation of ~n_c_~ed exhibits other than Exhibits "A" and "B' which ar~ included in
ali LAP Agr--zzxzmnts. Added Exhibits add condition~ to or modify the LAP Agreetnent. If any~i,g is enta~
it should be initialed by both parties.
.15 Sec 2.02. Expiration date of Agre~tnent.
.16 Sec 2.'02 - Appropriate district number.
.1'/Sec 3:01 - Total cost. Must be in agreement with Exlzibit
.18 Sec 12.13 Designate whether Local Agency will or will not m~nt,,~, ~ project. Or if there will be a
Maintenance Agreement attached as an Ex'bit, Sec 12.13 can be lined tJm:mgh. In either case both parties
should initial.
.19 Agency - Name of Agency should be typed above the s|g,~,~ line. Si?at~,,-e ofinclividual designated
to act on behalf of Agency. Attach a copy orE, solution or Cer~ed/vfinutes, if __neo~__muy.
Ezhibit H-2-2 = tnstructlons for Preparing Local Agency Prosram Agreement 2-2-18
WPI No. F.A. No. SAMAS
Approp.
Fund Code SAMAS Object
Job No. Con~ract No. Or~ Code
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF PLANNING AND PROGRAMS
JOINT PARTICIPATION AGREEMENT
LOCAL ADVANCE REIMBURSEMENT PROJECT
9
THIS AGREEMENT, entered into this the ~ day of ,19~1~, by and between
the State of Florida Department of Transportation hereinat~er called the "Department" and
The City of Delray Beach , hcreinal~er called the "Agency".
WITNESSETH:
WHEREAS, the Department is prepared in accordance with its Adopted Work Program to fund the
~/est Atlantic Beautification, Phase I Project, n~l~t~gta~l~roj~t FIN #229894-1-54;-01
Wx~l~P~ff~,~~ , in Fiscal Year 2000 ; hcrcinal~cr referred to as the "Projccf';
and
WHEREAS, the Department as a governmental entity may enter into an agreement whereby thc
government entity agrees to perform a Project or Project phase in thc Department's Adopted Work Program
under Chapter 339.12 F.S.; and
WHEREAS, the Department may commit state funds for thc reimbursement of thc actual costs for thc
Project or Project phase contained in thc Adopted Work Program, subject to the appropriation of funds by thc
Legislature; and
WHEREAS, said Project is on thc State Highway System is not revenue producing and is contained in
thc Department's Adopted Work Program; and
WHEREAS, in order to expedite thc Project in advance of thc Department's schedule, thc Agency is
1
prepared to provide funding in fiscal year 2000 for the construction of the Project; and
WHEREAS, the Project is in the interest of both the Department and the Agency and it would be most
practical, expeditious and economical for the Agency to provide funding and perform design and construction
for the Project; and
9
WHEREAS, the Agency by resolution dated the ~ day of ,199~, a copy of which is
attached hereto and made a part hereof, has authorized the to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on
the Project, the parties agree to thc following:
1. The Agency will prepare the plans,.specifications and e~Jmates for State Project No.
229894- I , W.P.I. No. 4118938 These shall conform to the Department standards.
2. The Agency will obtain construction bids and administer the Project.
3. The parties agree that the estimated cost of the Project is $ 434 ~ 136 . Project
costs in excess of the estimate will not be eligible far reimbursement and shall be bom by the Agency.
4. A fmal Project accounting shall be done by the agency after all construction activities
are complete and the AGENCY will be reimbursed for all Project associated expenses not to exceed the Adopted
Work Program amount. In that the exact costs of construction, CEI services, claims and contingencies for the
Project are n~t knmwn, the parties recognize that adjustments to such costs may be required in the future. In the
event that adjustments are required, the parties agree to consider contributions of additional funds for the
Project. Additional fund contributions beyond the amounts described in the AGREEMENT will require a
written amendment to this AGREEMENT prior to the AGENCY incurring the obligation.
5. Upon final payment to the Contractor for the entire Project, the Agency shall, within
one hundred eighty (180) days, furnish the Department with two (2) copies of its final and complete billing of
all costs incurred in connection with the work performed hereunder, such statement to follow as closely as
possible the order of items contained in the job estimate. The final billing shall show the description and site of
the Project; the date on which the first work was pexfarmed or the date on which the earliest item of billed
expense was incurred; the date on which the last work was performed or the last item of bill expense was
2
incurred; and the location where records and accounts billed can be audited.
6. Thc Agency agrees to provide status reports to thc DcpartmcnL, at ils request, as to thc
stems of work being done for thc Project.
7. Thc Department agrees to reimburse thc Agency in accordance with Section 339.12,
Florida Statutes and subject to legislative appropriation in an amount equal to thc actual costs for thc Project in
an amount not to cxccvzl Four hundred thirty-four thousand one ($434~!36 ),in
hundred thirty-six and
accordance with and under the terms of this Agreement.
g. This Project is also the subject of other ngreemcnts, as applicable, between thc
Department and thc Agency being executed simultancously with this Agreement. One agreement is referred to
as a Local Agency Participation Agrccmcut which is used to establish Federal Participation eligibility status.
Thc second agreement is a Maintenance Agreement for State Highway Beautification Projects, which will
provide thc terms and conditions for maintenance o£ the Project. The third agreement is the Lighting
Agreement, which is for thc installation and maintenance for area lighting on thc Project.
This Agreement or any interest herein shall not bc assigned, ~rans~c~ed or otherwise
encumbered by the Agency under any circumstances without thc prior written consent of thc Dcparuncnt.
However, this Agreement shall run to thc Department and its successors.
10. This Agreement shall continue in effect and bc binding to both the Agency and thc
Department until thc Project is complc~ and appropriat~ r~imburscments arc made.
11. In thc event this Agreement is in excess of Twenty Five Thousand Dollars
($25,000.00), or has a t~rm for a period of more than one year, thc provisions of Chapter 339.135(?)(a), Florida
Statutes, arc hereby incorporated.
the amounts budgeted as m~ailable for expendtmre ~r~ng ~¢h fiscal ~ar. ,4ny contract,
may be paid on such contract. The Department: shMl require a statement from the
Comptroller o£th¢ Department that fitnds are aVaila~le £rtor to entering ~nto any
contract or other binding commitment o£fim~. Nothing herein co~tained~hallpr~entthe
making of contracts for per, ods exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
3
succeeding fiscal years ; and this paragraph shall be incorporated verbatim in all contracts
of the Department which are for an amount in excess of TN~ENTY FIVE THOUSAND
($25,0000.00) DOLLARS and which have a term or period of more than one year."
12, The Agency agrees to keep complete records and accounts in order to record complete
and correct cntrics as to all costs, cxpenditurcs and other itcms incidental to the offering for public bid and
construction of thc Project.
13. Such boo'ks and records shall be available at all reasonable times for examination and
audit by thc Agency as well as other State and Federal auditors and shall bc keep for a period of five (5) years
after thc completion of all work to be performed pursuant to this Agreement.
14. The Agency warrants that it has not employed or obtained any company or person,
other than bona fide employees of the agency to solicit or secure this Agreement and it has not paid or agreed to
pay any company, corporation, individual or fa'm, other than a bona fide employee employed by the Agency.
For breach or violation of this provision, the Department shall have the fight to terminate the Agreement
without liability.
15. This Agreement is governed by and construed in accordance with thc laws ofthc State
of Florida.
16. This document incorporatas and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement
that are not contained in this document. Accordingly, it is agreed that no deviation fi.om the terms hercof shall
be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no
modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless
contained in a written document executed with the same formality and ofequal dignity herewith.
17. Notices pursuant to this Agreement shall be sent by U.S. Mail to the following
addressees: :
For the Department For the Agency
District Secretary City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
4
3400 W. Commercial Boulevard
Fort Lauderdale, FL 33309-3421
IN WITNESS WHE~OF, the Agency has caused this Joint Participation Agreement to be
9
executed on its behalf on this the __ day of ,19~, by the Chairperson
authorized to enter into and execute same by Resolution No. 1997-108 1 of the Board on the ~
9
day of ,199~. The effective date of this Agreement shall be the date the last party
to this Agreement has signed.
State of Florida Agency
Department of Transportation
BY:
BY:
District Secretary
A T1EST:
ATTEST:
Approved:
Approved: State of Florida
Department of Transportation Approved as to form and
legal sufficie~y:
BY:
District Legal Counsel By: , ~
Funds Approved:
Date:
Office of the Comptroller
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH,
FLORIDA AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY FOR CONSTRUCTION OF IMPROVEMENTS TO WEST ATLANTIC AVENUE
THIS AGREEMENT is made and entered into this ,~ day of ~c . , 1999 by
//
and between the CITY OF I)ELRAY BEACH, a Florida municipal corporation, hereinafter
referred to as the "CITY', and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA".
WITNESSETH:
WHEREAS, CRA has been awarded funding under two grants pursuant to the
IntermOdal Surface Transportation Efficiency Act (ISTEA), a program of the U.S. Department
of Transportation, for improvements to be made to the 100 - 500 blocks of West Atlantic
Avenue; and
WHEREAS, CRA has issued $4.1 million in bonds to fund, among other things, the
improvements at the present time, with reimbursement pursuant to the ISTEA program to
occur in three to five years; and
WHEREAS, the improvements contemplated under the ISTEA grants include installing
brick sidewalks and crosswalks, landscaping, irrigation, underground electric utilities, and
providing streetlights and pedestrian signalization; and
WHEREAS, CRA has been additionally awarded two grants from Keep Palm Beach
County Beautiful, Inc. for landscaping improvements to be made to certain blocks of West
Atlantic Avenue; and
WHEREAS, the CITY has been certified to supervise and coordinate the design and
construction of improvements pursuant to the ISTEA program; and
WHEREAS, the Florida Department of Transportation (FDOT) requires that the CITY
enter into a Joint Participation Agreement and a Local Agency Program Agreement in order
for funding to be transferred for an ISTEA project.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows: .
1. The recitations set forth above are hereby incorporated herein.
2. Funding for ISTEA Prqiect. The CRA shall provide funding, in no event to
exceed the amounts set forth in Exhibit "A" attached hereto and fully incorporated herein, for
the design and construction of the ISTEA improvements to be made to the 100-500 Blocks of
West Atlantic Avenue (See map attached as Exhibit "B" for location). CRA shall be
reimbursed by the FDOT for its expenditures pursuant to the regular FDOT schedule. The
CITY shall not be responsible for any funding under the ISTEA project.
3. Funding for Keep Palm Beach County Beautiful Project. The CRA shall
provide funding, in no event to exceed the amounts set forth in Exhibit "A" atttached hereto
and fully incorporated herein, for the design and installation of landscaping and irrigation
pursuant to the grants from Keep Palm Beach County Beautiful for the 200-900 Blocks of
West Atlantic Avenue (See map attached as Exhibit "B" for location). The CITY shall not be
responsible for any funding under the Keep Palm Beach County Beautiful project.
4. CITY's obligations to enter into Agreements with FDOT. The CITY shall
enter into a Joint Participation Agreement and a Local Agency Program Agreement with the
FDOT with regard to the ISTEA improvements to be conducted on the 100 - 500 blocks of
.,
West Atlantic Avenue.
2
5. CITY's obligations under ISTEA project. The CITY shall direct and
supervise the design and construction of the ISTEA improvements to be made to the 100-500
Blocks of West Atlantic Avenue. This design and construction may be subject to the advice
and consultation of CRA. However, if any disputes arise regarding design or construction,
the CITY shall make the final determination with regard to the design and construction
appropriate in any given case.
6. CITY's obligations under the Keep Palm Beach County Beautiful Project.
The CITY shall direct and supervise the design and installation of the Keep Palm Beach
County Beautiful improvements to be made to the 200-900 Blocks of West Atlantic Avenue.
This design and construction may be subject to the advice and consultation of CRA.
However, if any disputes arise regarding design or installation, the CITY shall make the final
determination with regard to the design and installation appropriate in any given case. The
CITY shall be responsible for maintaining the plantings. However, the CITY shall have the
sole right to determine the specifics of such maintenance.
7. Severability. The invalidity of any portion, article, paragraph, provision,
clause, or any portion thereof of this contract shall have no effect upon the validity of any
other part or portion hereof.
8. Venue. To the extent allowed by law, the venue for any action arising from
this contract shall be in Palm Beach County, Florida.
9. Governing laws. This contract shall be governed by and in accordance with
the laws of the State of Florida.
10. Assignment. Neither the CITY, nor the CRA, shall assign, convey or transfer
any rights or interest in this Agreement without the written consent of the other.
3
11. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
12. Entire Agreement. This Agreement shall constitute the entire agreement of
the parties with respect to the subject matter of it. All prior understandings and
agreements between the parties with respect to such matters are merged into this
Agreement, which alone fully and completely expresses their understanding.
13. Amendments. This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writing duly executed by each of
the parties hereto.
14. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to
relieve or discharge the obligation or liability of any third persons to any party to this
Agreement, nor shall any provision thereof give any third person any right of subrogation
or action over or against any party to this Agreement.
ATTEST: CITY OF DELPsAY BEACH, FLORIDA
ityClerk
· .,.~AlpzetCin' J~Y°r
Ap~ve~a~orm:
. City~A~to~ey
4
ATTEST:,/~.i J,- /, ,,// '~/,,t ///,,9~ COM~,~,,~ ~PMENT AGENCY
Prints.Name: ~)'I~IC t,x~-~[' ~c. Print Name: .~., c~~ -'/-
-'
(SEAL)
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this,~day of September,
1999 by ~/~"~7o~,,~E~ ,-/, .~o~' , who is personally known to me (~)~.--wla(~
.pr-educed- as identification.
Signature of Notary ~te
of Florida
r,',,~v~Poe.. DIANE G HERVEY
cra islca imcriocal.agt ~ j~ ~, COMMISSION ~ CC 691564
~ "-/~ ~ EXPIRES NOV 2B, 200l
~,*~""-~e~
OF ~ AT~NTiC BONDING CO., INC
5
EX[IIBIT "An
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/1
SUBJECT: AGENDA ITEM # ~0 - REGULAR MEETING OF NOVEMBER 2, 1999
RESOLUTION NO. 67-99
DATE: OCTOBER 27, 1999
This is a resolution assessing costs for abatement action required to remove nmsances on twenty-five (25)
properties throughout the City.
The resolution sets forth the actual costs recurred and provides the mechanism to attach hens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 67-99.
RefiAgmemol 5.Res67-99.NuisanceAbatement
RESOLUTION NO. 67-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, P~IRSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR A~ATING NUISANCES UPON
CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property~ and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s)~ and,
WHEREAS, the City of Delray Beach, through the City A~ministration or such
agents or contractors hired by the City Administration was therefore required to and
did enter upon the land(s) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice~ and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involved~ and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS=
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach on the has
levied an assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) days after
the mailing date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums. A Notice of Lien shall be
mail~d, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment(s),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
2
Res. No. 67-99
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate of 8%, and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
MAYOR
ATTEST:
City Clerk
3
Res. No. 67-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
...... SIDNEY wASFIINGTON
SEC. 17--46-43, E 43.74 FT OF S 140 FT OF N 165 FT 12633 NW 18TH TERRACE
OFNll2OFNll4OFSWll4OFNWll4, PB1, P3, ilOAKLAND PARK, FL 33311-
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ii2901
1402 NW2ND STREET) ii~ $ 75.00 '
$ 70.00 iADM. FEE
ATLANTIC PARK GARDENS, DELRAY, LOT 17, ERSKINE HEPBURN
BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF 126 SW 7TH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
37 NW 13TH AVENUE) ~ $ 62.00
$ 70.00 ADM.FEE
ATLANTIC PARK GARDENS, DELRAY, LOT 16, BERTHA PALMER
BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF 35 NW 13TH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(35 NW 137_H AVEN_U~E) ........... :~ _$ _'5~'~0.. i _
~$ 70.00 ADM.FEE
STRICKLAND SUB. W 1/2 OF LOT 1 & N 19 FT OF IRENE LAROCK, ET AL
W 1/2 OF LOT 2, BLOCK 1, PB 23, P 173, PUBLIC 3064 ANGLER DRIVE
RECORDS PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
VAC LOT 1101 SW 9TH AVENUE)
.............................
rS 70.00 ADM.FEE
CARVER MEMORIAL PARK SUB., LOT 21, BLOCK 8, RAYMOND ORR
PB 20, P 56, PUBLIC RECORDS OF PALM BEACH 115 SW 8TH AVENUE
COUNTY, FL DELRAY BEACH, FL 33444
VAC rOT SO OF 225 NW 15TH AVENUE)
$ 6O.OO
: $ 70.00 iADM. FEE
, , I
Res. No. 67-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
TOWN OF DELRAY, S 50 FT OF W 135 FT OF BLOCK T. & EARLENE HAM
24, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH PO BOX 1473
COUNTY, FL MERRITT ISLAND, FL 32952
(_VAC LOT SO OF 341 SW 6TH AVENUE) $ 57.00
$ 70.00 ADM.FEE
TOWN OF DELRAY, S 50 FT OF N 285 FT OF ELEASE H. CLECKLEY
W 135 FT OF BLOCK 13, PB 1, P 3, PUBLIC c/o MOZELLA DAVIS
RECORDS OF PALM BEACH COUNTY, FL 1208 NW 2ND STREET
21 SW 7TH AVENUE) DELRAY BEACH, FL 33444
$ 46.001
. $ 70.00 iADM FEE
RiDGEwooD HEIGFI~S DEL~AY, LOTS 26 & 27, /FRANK L. HOWARD
BLOCK B,PB 14, P 44, PUBLIC RECORDS OF PALM 3804 LATIMER DRIVE
BEACH COUNTY, FL AUSTIN, TX 78732-2204
(VAC_LOT
1026_SW.7_TH
AVE.)
_ . ] ......... _$_ _-7_0:00 ADM.
$ 70.00
J. G~ FENNOS SUB., EOT 1, BLOCK 21PUBLi~ ...... RUTH BETHEl- ............ i
RECORDS OF PALM BEACH COUNTY, FL 1129 NW 60TH STREET
VAC LOT SOUTH OF 29 NW9TH AVENUE) MIAMI, FL 33127-1039 $ 57.00
BELLEHAVEN~ UN~T~, £b? 7, pB 2~, P 27, PUBL]~---- DELLA JOHNSON, EST
RECORDS OF PALM BEACH COUNTY, FL 338 SW 10TH AVENUE
(338 SW 10TH AVENUE) DELRAY BEACH, FL 33444 $ 62.00 ,
PALMCO PROP., INC. TR
ATLANTIC PARK GARDENS, LOT 1, BLOCK 4, 12555 BISCAYNE BLVD.
PB 14;P 56, PUBLIC RECORDS OF PALM #462
BEACH COUNTY, FL NORTH MIAMI, FL
'1212 & 1214 SW 2ND STREET) 'i33181-2522
t $ 46.00 l
I $ 70.00 iADM. FEE
5
Res. No. 67-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
POINCIANA HEIGHTS OF DELRAY BEACH, FREDDIE M. SMITH
LOT 24, PB 26, P 245, PUBLIC RECORDS OF 332 NW 11TH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(332 NW 11TH AVENUE)
$92.00
$ 70.00 ADM. FEE
SECRETARY HOUSING &
DELRAY SHORES, LOT 25, BLOCK 2, PB 24, P 233, URBAN DEVELOPMENT
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1320 SOUTH DIXIE HIGHWAY
575 ANGLER DRIVE) CORAL GABLES, FL
3146-2926
~$ 61.00
............................... ~'~7~-.00-tAb~l~ i~EE -
TOWN OF DELRAY, S 1/2 OF LOT 5, BLOCK 30, ETHEL MACKEY
PB 1, P 3, PUBLIC RECORDS OF PALM BEACH CIO SHIRLEY M. WALLACE
COUNTY, FL i1120 NW 64TH STREET
129SW 5TH AVENUE)~ ...... I!M.I~AMI~,~FL_ 33~1_~50~_-~__3_1~ ..... ~ $_ 52.0~ i~ .
TOWN OF DELRAY, S 50 FT OF N 250 FT OF MARY C. DAVIS
W 135 FT OF BLOCK 20, PB 1, P 3, PUBLIC PO BOX 6
RECORDS OF PALM BEACH COUNTY, FL ATLANTIA, GA 31629-0006
31 NW 6TH AVENUE)
i $ 70.00 ADM. FEE
TOWN OF DELRAY, LOT 17, BLOCK 23, PB 10, BERTHA PRESTON
P 69, PUBLIC RECORDS OF PALM BEACH 1001 WEST 3RD STREET
3OUI~TY, FL RIVIERA BEACH, FL 334047
'217 SW6TH AVENUE) I $ 52.00
Res, No. 67-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
CARVER MEMORIAL PARK SUB, LOT 2, BLOCK A, JULIE SIMMS
PB 20, P 56, PUBLIC RECORDS OF PALM BEACH 204 NW 13TH AVENUE
COUNTY, FL DELRAY BEACH, FL 33444
204 NW 13TH AVENUE) $ 70.00
I$ 70.00 ',ADM. FEE
ATLANTIC PARK GARDENS, DELRAY, LOT 19, J.D. & EARLINE MONROE ,
BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM 32 EARLE STREET
BEACH COUNTY, FL HARTFORD, CT 06120-1714
39 SW 13TH AVENUE) $ 62.00
~ $ 70.00 iADM. FEE
BLOCK 1, PB 14, P 56, PUBLIC RECORDS li209 NE 95TH STREET, ST. 2
OF PALM BEACH COUNTY, FL MIAMI, FL 33139
'VAC LOT ON NW 13TH AVENUE)
$ 62.00 i
$ 70.00 :ADM. FEE
TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 ADELENE JENKINS
FT OF BLOCK 24, PB 1, P 3, PUBLIC RECORDS PO BOX 1993
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447
(322 SW 5TH AVENUE)
........................ $ 62.001
$ 70.00 ADM. FEE
ATLANTIC PARK GARDENS, DELRAY, LOT 13, DAISEY M. RAY
BLOCk 2, PB 14, P 56, PUBLIC RECORDS OF P.O. BOX 74
PALM BEACH COUNTY, FL LENOX, GA 31637-0074
Res. No. 67-99
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
SUB. OF SEC. 20-46-43, S 78 FT OF W 168 FT OF CHERYL A. CARLEY
E 1/2 OF W 1/2 OF LOT 30, E OF GERMANTOWN RD 1200 NORTHFIELD ROAD
(LESS E 30 FT OF SW 10TH AVENUE RD R/W) WATERTOWN, CT 06795-1419
PB 28, P 68, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
VAC LOT N 1113 WALLACE DRIVE)
$ 71.00
$ 70.00 ADM. FEE
TOWN OF DELRAY, LOT 18, BLOCK 23, PB 10, P 69, iMATILDA JOHNSON
PUBLIC RECORDS OF PALM BEACH COUNTY, FL !225 SW 6TH AVENUE
225 SW 6TH AVENUE) DELRAY BEACH, FL 33444
$ 60.00
$ 70.00 ;ADM. FEE
TOWN OF DELRAY, N 50 FT OF S 1/2/LESS S 8 FT MAMIE L. YOUNG
OF E 135 FT/BLOCK 22, PB 10, P 38 PO BOX 265
PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447
(VAC LOTS 126 SW 5TH AVENUE
.................................................... s_ 57. 00
i $ 70.00 ADM. FEE
TOWN OF DELRAY, N 58 FT OF S 312.12 FT OF IVERSON LASTER ,
E 135 FT, BLOCK 10, PB 1, P 3, PO BOX 1225
PUBLIC RECORDS OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33425
'VAC LOT SO OF 228 NW 6TH AVENUE) $ 75.00
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING
HAZARDS; DECLARED NUISANCE.
Res. No. 67-99
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # g~) - REGULAR MEETING OF NOVEMBER 2, 1999
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: OCTOBER 29, 1999
Attached is the Report of Appealable Land Use Items for the period October 18th through October
29, 1999. It reforms 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.
RefiApagrnemo/Appealables/11.2.99
FROM: J ASMIN ALLEN, PLANNER
/
SUBJECT: MEETING OF NOVEMBER 2/'1999 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS OCTOBER '18, '1999
THRU OCTOBER29, '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 October 18, 1999 through
October 29, 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.
A. Approved on a 7 to 0 vote, a conditional use modification to allow the expansion of
a veterinary clinic for Boca Delray Animal Hospital, located at the northeast corner
of South Military Trail and Jefferson Road.
B. Approved on a 7 to 0 vote, a conditional use modification to allow an expansion of
the full service repair facility for Powersports (aka Kawasaki Dealership), located
on the west side of North Federal Highway, approximately 150 feet north of Allen
Avenue.
City Commission Documentation
Appealable Items Meeting of November 2, 1999
Page 2
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.
Recommended approval (7 to 0), of the abandonment of SE 7th Street lying between
South Swinton Avenue and the FEC Railroad.
Recommended approval (7 to 0), of a rezoning from GC (General Commercial) to AC
(Automotive Commercial) for a parcel of land located on the east side of North
Federal Highway, immediately north of Borton VolvoNolkswagen Dealership.
Recommended approval (6 to 1, McCarthy dissenting), of a conditional use request
to allow the establishment of an 80-room hotel to be located on the south side of SE
10th Street, between SE 5t~ Avenue (southbound Federal Highway) and SE 6t~
Avenue (northbound Federal Highway).
Recommended approval (7 to 0), of a conditional use request to allow a health spa in
an existing building located at 909 Palm Trail.
Recommended approval (7 to 0), of a conditional use request to allow the
establishment of the storage and rental of light construction equipment and towing
services for Palm Beach Equipment Rental and Sales, Inc., located at the northeast
corner of West Atlantic Avenue and the E-4 Canal.
Recommended approval (7 to 0), of a conditional use request to allow a monument
and ornamental stone cutting facility for Profiles in Concrete, located at the northeast
corner of Poinsettia Drive and Lime Lane.
Recommended denial (7 to 0), of a conditional use request to allow the sale of
personal watercrafts for the Jet Ski Station, located at the southwest corner of SE 5t~
Avenue (southbound Federal Highway) and SE 7th Street.
r~ Recommended approval (6 to 1, Bird dissenting), of an amendment to the Land
Development Regulations Section 4.4.19(D) regarding towing services in the MIC
(Mixed Industrial and Commercial) zoning district.
r~ Recommended approval on a 7 to 0 vote, an amendment to the Land Development
Regulations Section 4.4.15(D), regarding restaurants as a conditional use in the
POC (Planned Office Center) zoning district.
A. Approved (4 to 0, Fowler absent, Shutt and Friess late), the architectural elevation
plan associated with fa~;ade and color changes for the PMK Securities & Research,
located on the south side of E. Atlantic Avenue, approximately 50 feet west of NE 4th
Avenue.
City Commission Documentation
Appealable Items Meeting of November 2, 1999
Page 3
B. Reconsidered the condition of approval dealing with the provision of a terminal
landscape island within the parking lot for the Little Mermaid Restaurant, located
at the northeast corner of NE 6th Avenue (northbound Federal Highway) and NE 1st
Street. The Board on a 4 to 0 vote (Smith stepped down), concurred that the
landscape island does not have to be installed.
C. Granted on a 4 to 0 vote, an 18 month extension for the proposed gymnasium at the
Unity School, located at the northwest corner of NW 22"d Street and Swinton
Avenue.
D. Approved with conditions (5 to 0), a Class V site plan and landscape plan
associated with the conversion of an existing single family residence to an office use
for Sexton Property, located at the southwest corner of SE 5th Avenue (southbound
Federal Highway) and SE 5th Street.
E. Approved with conditions (5 to 0), a Class V site plan, landscape plan and
architectural elevation plan associated with the installation of a parking lot and
observation platform for the Delray Oaks Nature Area, located at the northwest
corner of South Congress Avenue and SW 29th Street. Concurrently, the Board
granted a waiver reducing the special landscape setback along Congress Avenue
from 30' to 10'.
F. Approved with conditions (5 to 0), a Class IV site plan modification, landscape plan
and architectural elevation plan associated with the construction of a 407-seat
church and conversion of the existing church building to a parish hall for Our Lady of
Perpetual Help, located at the northwest corner of SW 8th Avenue and SW 6~h
Street.
G. Approved with conditions (5 to 0), a Class V site plan landscape plan and
architectural elevation plan associated with the construction of a 3-unit townhouse
development (Advanced Builders), located at the northwest corner of Spanish Trail
and Dogwood Drive. Concurrently, the Board granted a waiver reducing two required
parking spaces in that a total of 12 parking spaces are available utilizing tandem
parking arrangement. The Board denied a request to waive the installation of the
required sidewalks on Spanish Trail and Dogwood Drive.
H. Approved with conditions (6 to 0), a Class V site plan, landscape plan and
architectural elevation plan for Town Square, a proposed mixed-use development
consisting of 22 fee simple townhouse units and a four-story 17,380 square foot
office building, located on the south side of NE 1st Street, between NE 5th Avenue
and NE 6th Avenue. Concurrently, the Board granted waivers reducing the stacking
distance and reducing the landscape strip from 5' to 2' along a portion of the south
property line.
I. Approved with conditions (6 to 0), a Class V site plan, landscape plan and
architectural elevation plan associated with the construction of a two-story 826 sq. ft.
restaurant, Old Dixie Barbecue, located at the southeast corner of Old Dixie
Highway and Collins Avenue. Concurrently, the Board approved several waivers,
namely;
City Commission Documentation
Appealable Items Meeting of November 2, 1999
Page 4
Reducing the required 6' x 24' maneuvering area for dead-end parking tiers
to 2' x 24'.
[] Eliminating the required 5' sidewalk from the restaurant to the eastern
property line along Collins Avenue;
Reducing the required perimeter landscape strip along Collins Avenue from
5' to 4.5'.
[] Reducing the required landscape strip from 5' to 4' along the east property
line and from 5' to 4.5' on the south property line.
[] Reducing the stacking distance from 5' to 2'.
X. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the
renovation of a single family residence and construction of a carport at 305 SE 7th
Avenue.
Y. Approved (6 to 0), a request for a Certificate of Appropriateness for a free standing
sign for the Law Office located at 102 North Swinton Avenue.
No other appealable items were considered by the Board. The following item which was
considered by the Board will be forwarded to the City Commission for action.
[] Recommended approval on a 6 to 0 vote, to the City Commission that the Fellowship
Hall for the First Presbyterian Church of Delray Beach be listed in the Local Register
of Historic Places.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting- ~~.
NOVEMBER 2, 1999
/_.-3O CANAL
~. ,~ r' ...... . .... ' u~ N.W. 2NDST.
L . -.~ ~ ~ ....... _J" -I
'-'~,1 i
F &.j .
i.
~'-' I / ......................
i ATL~rnc ii ~ ~
S.W. 2ND ST.
...... , , ~ ~ \
.r--q. .._-~. _]
ON B S.W. lO'IH ST.
!
L-38 CANAL C-15 CANAL
P.&Z.: S.P.R.A.B. CON'1':
A. BOCA DELRA Y ANIMAL HOSPITAL 8. TOWN SQUARE
B. POWERSPORTS 9. OLD DIXIE BARBEQUE
......... CrTY LIMITS .........
S.P.R.A.B.: H.P.B.:
'L PMK Y. 30.~ S.E. 7TH AVENUEI ONE MILE
I
2. LITTLE MERMAID Z. 102 N. SWINTON AVENUE I I
3. UNITY SCHOOL EXTENSION ~c sc~
4. SEXTON PROPERTY
5, DEL,i~ Y OAKS NATURE AREt~ CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
6. OUR LADY OF PERPETUAL HELP ~ee9
7. ADVANCED BUILDERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER0ff~
SUBJECT: AGENDA ITEM # ~;~(5~- REGULAR MEETING OF NOVEMBER 2, 1999
AWARD OF BIDS AND CONTRACTS
DATE: OCTOBER 29, 1999
This is before the City Commission to approve the award of the following bids and contracts:
1. Contract award in the amount of $798,253.30 to Man-Con, Inc. for the S.W. 8th Avenue and
S.W. 4t~ Street Infrastructure Improvements project, with funding in the amount of $195,000
from 442-5178-536-65.15 (Watermain - S.W. 7th Avenue); $454,286.80 from 448-5461-538-
63.95 (Stormwater Utility - S.W. 8th Avenue); $126,335.00 from 442-5178-536-61.84 (Sewer
Rehabilitation); and $22,631.50 from 442-5178-536-61.78 (Water Distribution
Improvements).
2. Three (3) year lease from Minolta Business Systems, Inc. for an EP 5000 (Class 11) Pro
Copier for the Finance Department at an estimated total cost of $10,860.00 via Florida State
contract, with funding from 001-1511-531-44.30 (Equipment Rental/Lease).
3. Award to Mears Motor Leasing for a one year lease in the estimated amount of $37,320.00
for six (6) vehicles to be used by the Police Department Vice Intelligence Division and
Narcotics Division, with funding from 001-2115-521-44.40 (Police Investigative -Vehicle
Rental/Lease).
Recommend approval of the contract and lease awards listed above.
RefiBid.Agmemo. 11.2.99
" Agenda Item No.:
AGENDA REQUEST
DATE: October 26, 1999
Request to be placed on:
x Regular Agenda
Special Agenda
~ Workshop Agenda
When: November 2, 1999
Description of item (who, what, where, how much) Award of the contract to Man-Con, Inc. in the amount of
$798,253.30 for the SW 8th Avenue and SW 4th Street Infrastructure Improvements, Project #99-004. The
funding for this project will be provided from the following account:
Funding Source Account Number Amount
Water Main/Sewer 442-5178-536-65.15 $195,000.00
SW 8"~ Avenue 448-5461-538-63.95 $454,286.80
Sewer Rehab. 442-5178-536-61.84 $126,335.00
Water Distr. Improvements 442-5178-536-61.78 $22,631.50
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'FI'ACHED YES/NO
Recommendation: Staff recommends award of Project No. 99-004, SW 8th Avenue and SW 4~h Street
Infrastructure Improvements to Man Con, Inc. with a bid in the amount of $798,253.30.
Department Head (/~L~'c~~) 0
Signature:_ , I
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~O
Funding alternativ~---'~ r (if applicable)
Account
No.
&
Descripti/en .~ /
Account Balance
City Manager Review:
Approved for agenda:Hold Until: ~_~0
Agenda Coordinator Review:
Received: v.,/~ J~'l
Placed on Agenda:
Action: ¢,3. ¢~ //.5.5/
Approved/Disapproved
projects/99-004/contract/agenda.doc
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Randal Krejcarek, P.E. City Engineer/~~
FROM: William A Grieve, Civil Engineer
DATE: October 26, 1999
SUBJECT: SW 8t~Avenue and SW 4t~ Street Infrastructure Improvements
Project No. 99-004
Attached is the agenda request for Commission to award the SW 8"~ Avenue and SW 4"~ Street Infrastructure
Improvements contract.
Furnishing of all labor and materials, equipment, services and incidental s for construction of approximately
3,200 LF of roadway reconstruction, approximately 1,200 LF of roadway resurfacing improvements,
stormwater improvements consisting of approximately 240 LF of 18-inch reinforced concrete pipe, water
main upgrades consisting of approximately 1,400 LF o f 8-inch ductile iron pipe, approximately 17 sanitary
sewer main point repairs, reconstruction of approximately 8 sanitary sewer lateral connections, installation of
sanitary sewer cleanouts, removing approximately 800 LF of 2-inch and 4-inch water mains, including all
appurtenances. Construction also includes clearing and grubbing, driveway replacement, roadside swale
grading, sodding, curb and gutter, concrete sidewalk, pavement markings and signage.
Attached is the bid tabulation and Location Map for the referenced project. The lowest responsible,
responsive bidder for this project was Man Con, Inc. with a bid of $798,253.30.
Funding Source Account Number Amount
Water Main/Sewer 442-5178-536-65.15 $195,000.00
SW 8th Avenue 448-5461-538-63.95 $454,286.80
Sewer Rehab. 442-5178-536-61.84 $126,335.00
Water Distr. Improvements 442-5178-536-61.78 $22,631.50
If acceptable, please place this item on the November 2, 1999 Commission meeting for Commission
approval.
Attachment
cc: Richard Hasko, P.E., Director of Env. Svcs.
Dan Beatty, P.E., Deputy Dir. of Public Utilities
Joseph Safford, Finance Director
file: 99-004 (A)
file : slengadmin199199-OO41contractlagmemo.doc
ATLANTIC AVENUE
S.~- !i ~s~
I
'
S.W. ! 2ND
Z
~i s.~. 411-t
~ } CIW of DEmAY BEACH s.,.
E~RO~E~ SER~CES DEP~M~ ~T ~RUC~E ~R.
~ ~ ~ a~, ~y ~ ~ ~ ~-om 1 OF I
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: Date: October 27, 1999,
XX Consent Agenda Special Agenda ~ Workshop Agenda
When: November 2, 1999
Description of agenda item:
Requesting Award of a three (3) year lease of EP 5000 (Class 11) Pro Copier from
Minolta Business Systems, Inc., for an estimated total of $10,860.00 (which includes a one-time
installation fee of $132.00.) Pricing is per Florida State Contract Number 600-380-97-1.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award - 3 Year Lease of Minolta EP 5000 (Class 11) Pro Copier from Minolta Business
Systems, Inc. for an estimated total of $10,860.00. Funding will be taken from account number
001-1511-531-4430.
De artr~entHeadS~~~"'~~., fl
p 'g : ,C,,, ..~...~, ,~,
Determination of Consistenc w'~Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding
available:
Yes
Funding alternatives: (if applicable)
Account Number: ~>~ \ -- ~'~ ~. L-- ~ t,~ --~q-,'~ ~
Account Description: ~---'fL.,¢ -'~-' ~"~--~' ( ~
Account Balance: '~ ~%(.o +- ~t,~%<~ L(o~,-~,~z_~ ~'~
City Manager Review:
Approved for agenda:~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O. #
PURCHASING DIVISION
MEMORANDUM
DATE: October 27, 1999
TO: David Harden, City Manager
FROM: Jennifer Schillace, Buyer
THROUGH: Joseph~~~l'~nce Director
RE: DOCUMENTATION
CITY COMMISSION MEETING - NOVEMBER 2, 1999
APPROVAL OF 3 YEAR LEASE FOR MINOLTA EP 5000
PRO COPIER FOR FINANCE DEPARTMENT
ITEM BEFORE COMMISSION:
The City Commission is requested to approve award of a three (3) year lease from
Minolta Business Systems, Inc. for an EP 5000 (Class 11) Pro Copier for an estimated
total of $10,860.00 (which includes at $132.00 one-time installation fee).
BACKGROUND:
The Finance Department's photocopier lease for a Canon NP 4050 expired on
September 30, 1999. This machine had an average monthly usage of approximately
13,650 copies.
The Finance Director is requesting City Commission to award the three (3) year lease of
the EP 5000 (Class 11) Pro Copier from Minolta Business Systems, Inc. for an
estimated total lease price of $10,860.00 (which includes a $132.00 one-time installation
fee). Pricing is per Florida State Contract Number 600-380-97-1. Please find attached
the award recommendation from the Finance Director, Joseph Safford.
RECOMMENDATION:
The Purchasing Division recommends award of the three (3) year lease from Minolta
Business Systems, Inc. for the EP 5000 Pro Copier for an estimated total cost of
$10,860.00 (which includes a $132.00 one-time installation fee). Funding will be taken
from account number 001-1511-531-4430. Pricing is per Florida State Contract No.
600-380-97-1. Please find attached a copy of a quote from Minolta Business Systems,
Inc.
Attachments
Jacklyn Rooney, Purchasing Supervisor
CC:
MEMORANDUM
TO: David T. Harden
City Mana~
FROM: Joseph M.~
Director of Fin n~6~
SUBJECT: Three-Year Lease for Finance Department Copier
DATE: October 29, 1999
The three-year lease on the Finance Department's current copier has expired. The Finance
Department averages 13,650 copies per month. We need a copier that can handle this volume
quickly, efficiently and reliably. Our FY 99-00 budget includes $285.00 per month for a new
copier lease.
The Purchasing Division received quotations on three copiers. Attached is their tabulation of
bids.
We recommend leasing the Minolta EP-5000 at a monthly rate of $298.00. The Fire Department
currently has this same model and is extremely pleased with its performance and reliability. The
speed (copies per minute), volume of copies that can be produced at no additional charge and
the lower overage charge are also factors in our decision. Total funding for the first year of the
lease period would be $3,708.00 ($298.00 x 12 months + $132.00 installation charge). Funding
will be available in 001-1511-513-44.30. Attached is a budget transfer for the additional funds
needed in this line item including the one-time installation charge.
/sam
Attachment
AGENDA ITEM NUMBER: ~¢,. ~ ,~.
AGENDA REQUEST
Request to be placed on:
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
When: November 2, 1999
Description of agenda item:
Approve award to Mears Motor Leasing for a one year lease of six vehicles in the
estimated annual amount of $37,320.00 which are to be utilized by the Delray Beach Police
Department, Vice Intelligence Division and Narcotics Division.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award to Meats Motor Leasing for a one year lease of six vehicles at an estimated annual
amount of $37,320.00. Funding will be taken from account number 001-2115-521-44.40.
Department Head Signatur :e~~~.~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required~items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives: (if applicable)
Account Number: 0(r'} I-'' ~1 ~-~-'~ {. ~("{ ~0
Ci~ Manager Review:
Approved for agenda:~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
PURCHASING DIVISION
MEMORANDUM
DATE: October 29, 1999
TO: David Harden, City Manager
FROM: Jennifer Schillace, Buyer
THROUGH: Joseph Safford, Finance Director
RE: One year lease agreement with Mears Motor Leasing, for six vehicles, to
be utilized by the Delray Beach Police Department, Vice Intelligence
Division and Narcotics Division.
ITEM BEFORE COMMISSION:
The City Commission is requested to approve award to Mears Motor Leasing for the
yearly lease of six vehicles to be utilized by the Vice Intelligence Division and Narcotics
Division in the estimated annual amount of $37,320.00.
BACKGROUND:
The six vehicles currently being leased by Mears Motor Leasing are utilized by the Vice
Intelligence Division and Narcotics Division in undercover operations. Use of a vehicle
for undercover work over a one year period seriously compromises the ability of the
agents to do their job, as the vehicles being used become known by the criminals. In
addition, officer safety is compromised. Mears Motor Leasing allows vehicles to be
traded in on a six (6) month or one (1) year basis without incurring any additional costs.
The Police Department considers this an extremely important benefit to the Police
Department and safety of its officers.
The Administrative Services Director at the Police Department recommends the one
year lease of six vehicles (4 @ $535.00 and 2 @ $480.00 per month) for the estimated
annual amount of $37,320.00. Funding for the leasing costs will be taken from account
number 001-2115-521-44.40. For detailed specifications regarding the lease, please
refer to the Lease Agreement.
RECOMMENDATIONS:
The Purchasing Division recommends award to Mears Motor Leasing for the one year
lease of six vehicles at an estimated annual amount of $37,320.00. Funding will be
taken from account number 001-2115-521-44.40.
Attachments:
Memo 10/14/98
Lease Agreement
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
DATE: October 14, 1999
TO: Jennifer Schillace, Buyer
FROM: David Junghans, Administrative Services Director
SUBJECT: One Year Lease Agreement with Mears Motor Leasing
I recommend the lease of six vehicles (4 @ $535.00 and 2 @ $480.00 per month) from Mears Motor
Leasing for the Vice Intelligence Division and Narcotics Division. The total cost of the one year lease
for six (6) vehicles is estimated at $37,320.00.
The six vehicles leased through Mears Motor Leasing are utilized by the Vice Intelligence Division
and Narcotics Division in undercover operations. Use of a vehicle for undercover work over a one
year period seriously compromises the ability of the agents to do their job, as the vehicles being used
become known by the criminals. In addition, officer safety is compromised.
Funding for the leasing costs for the six (6) vehicles will be taken from account number
001-2115-521-44.40.
10/29/99 08:54 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~002
Meats Motor Livery Corp. ****************************
* INVOICE *
3905 E1 Rey Road ****************************
Orlando, Fl. 32808
PHONE (407) 298-2982 PAGE 1
FAX (407) 578-4924
INVOICE DATE: il/01/99
CUSTOMER ID: DELRAY
SALES PERSON: PICKARD
CITY OF DELRAY BEACH POL. DUE DATE: 11/10/99
300 WEST ATLANTIC AVENUE
DELRAY BEACH, FL 33444 = INVOICE NO. =
= 110199 =
TRANS. NO/ UNIT
INVOICE # NUMBER DESCRIPTION AMOUNT
049993 8906 LEASE CHARGE 11/01-11/30/99 535 00
049994 8858 LEASE CHARGE 11/01-11/30/99 535 00
~49995 8284 LEASE C}{ARGE 11/01-11/30/99 480 00
049996 8843 LEASE CHARGE 11/01-11/30/99 535 00
049997 9569 LEASE CHARGE 11/01-11/30/99 490 00
049998 8932 LEASE CHARGE 11/01-11/30/99 535 00
Total Amount Billed
For 11/01/99 ................. 3110.00
PLEASE RETURN THE SECOND PAGE(S) OF THIS INVOICE WITH YOUR PAYMENT. THIS WILL
ASSURE TN. AT YOUR PAYMENT WILL BE POSTED PROPERLY TO YOUR ACCOUNT. WE APPRECIATE
YOUR BUSINESS AND YOUR ASSISTANCE.
**************************************** THE TOTAL BELOW MAY INCLUDED OUTSTANDING
please ..................... .- -~,.~-. ...............
pay from this xnvoxce If you * ~N~dfCE~ DM LATg'C~2RGES.'
have any questions concerning your *
account please contact Joanne *
Cornier at (407) 298-2982. Thank you *
for your continued business. * TOTAL AMOUNT DUE
************************************** BY 11/10/99 ........ 7096.00
~m ~m
· °I'~
:-':. ' t. thtt ~m .~.~n'M~Lt I~ bi~Kng uc<~ ~ ~ ~ ~ ~[t .....
. ' '<'- ~ ~ ~ ~fb~, ~L ~ ~ ~ f~ ~ ~ ~ ....... '~.--~ ~
....... , ~ ~ ~ ~m ~ ~ ~ ~ aLL f~ l~ ~;~ ~,, ~
' · _ ,u~ VlLL ~ ~ ~ ~ M ~ ~j~ ~ ~ e. ~ ~,~ -_:2;--:. -- v~
- -' w um ~LT ~1~1~
-~ ,. b. ~~ ~~dt~ ,-
. : ~ ~ ~ ~ tt~ p~ ~. ~ ~ ~~' ~ ~t ~ wILL
' . ~ ........ nkk ~ tJ~ I ~ ......
'' ' ~ ~1 ~ ~ --- ~-' ' ~ ..... I.! mq I~k ~ ~ ~M ~ l~ Y4 I~
l:hf~
aLL ~
~/~ aLL ftc, ~~,
~t~
~ eLL
3
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~DI~NE DOMINGU/,~/~cC~_.)~/,~'~--~EZ'PLAN~ING AND ZONING DIRECTOR '~~,
FROM: J,a~IET MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 2, 1999
CONDITIONAL USE REQUEST TO ESTABLISH A HOLIDAY INN SUITES HOTEL IN
THE PC (PLANNED COMMERCIAL) ZONING DISTRICT~ SOUTH OF SE 10TM STREET
BETWEEN NORTHBOUND AND SOUTHBOUND FEDERAL HIGHWAY
A Conditional Use request is sought to establish a hotel in the PC (Planned Commercial) zone district.
The development proposal includes the construction of a 15,120 sq.ft. Walgreens with drive-thru and a 4-
story 40,000 sq.ft. 80 room Holiday Inn Suites hotel with pool; plus associated parking and landscaping.
The Walgreens is a permitted use and can be established through site plan approval, however the hotel
requires Conditional Use approval. Additional background and an analysis of the request are found in the
attached Planning and Zoning Board Staff Report.
At its meeting of October 18, '1999, the Planning and Zoning Board held a public hearing in conjunction
with review of the request. Several members from the public spoke against the development proposal
citing concerns over the increase in traffic and the type of clientele that may stay at the hotel. They
requested that the item be continued to allow additional time to review the plans. After reviewing the
staff report and discussing the proposal, the Board voted 6-1 (McCarthy dissented) to recommend
approval of the Conditional Use request, 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 5' of dedication be provided along the north side of the property for SE 10~" Street.
2. That a revised traffic study must be submitted addressing staff's concerns regarding the traffic
distribution, and a letter provided from the Palm Beach County Traffic Division stating that the project
meets traffic concurrency.
3. That no boats or tractor-trailers be allowed to park on the subject property.
4. That the applicant apply to FDOT for traffic light at the intersection of SE 10~ Street and Northbound
Federal Highway.
5. That there be no full service dining facilities.
Subsequent to the P & Z meeting the applicants met with staff and agreed to make certain modifications
to the traffic circulation that will help to reduce conflicts with adjacent uses.
By motion, approve the Conditional Use request to establish an 80-room hotel as described herein,
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, and subject to the
conditions recommended by the Planning and Zoning Board.
Attachments: P& Z Staff Report and Documentation of October 18, 1999 ~./Z3/ .
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 18, 1999
AGENDA ITEM: v.c.
ITEM: Conditional Use Request to Allow the Establishment of an 80-Room Hotel,
Located on the South Side of S.E. 10th Street, Between S.E. 5th Avenue
(Southbound Federal Highway) and S.E. 6th Avenue (Northbound Federal
Highway)
GENERAL DATA:
Owner/Applicant ............. Diomin Corporation N.V.
cio Charles W. Nagy
Agent .............................. Kilday & Associates, Inc.
Kieran J. Kilday
Location .............................. South side of S.E. 10th Street,
between S.E. 5th Avenue and S.E.
6th Avenue
Property Size .................. 3.50 Acres
Future Land Use Map ..... General Commercial
Current Zoning ............... PC (Planned Commercial)
Adjacent Zoning .... North: GC (General Commercial)
East: OS (Open Space), RM (Multiple
Family Residential-Medium Density) S,OE
& POD (Professional Office District)
South: POD & RM
DELRA Y
West: RT (Resort & Tourism), POC
(Planned Office Center) & MH
~NYAN TR~ EDGE
(Mobile Homes)
Existing Land Use .......... Vacant .
BANYAN
Proposed Land Use ........ Conditional Use Request to allow / ~ ~AN~ '.
the establishment of an 80-room
i HAR{~OURS
hotel _D ~R~o~
Water Service ................. n/a. ~z~
Sewer Service ................ n/a.
V.C,
The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval to establish a Hotel in the PC (Planned
Commercial) zone district for Walgreens/Hotel Development, pursuant to LDR Section
2.4.5(E).
The subject property is located south of SE 10th Street between the Federal Highway
pairs.
The subject property is an unplatted parcel of land containing 3.5 acres.
At its meeting of April 8, 1986, the City Commission granted site plan approval to allow
the development of a 4-story 87,140 sq.ft, office building with associated parking and
landscaping. However, that project was never constructed and the parcel is currently
undeveloped.
The parcel was zoned SC (Specialized Commercial)) until it was rezoned to PC
(Planned Commercial) with the Citywide Rezoning associated with the adoption of the
Land Development Regulations in 1990.
A request (application) for Conditional Use approval was submitted to allow the
establishment of a hotel and is the request now before the Board.
The site is currently undeveloped. The north and south ends of the parcel are devoid of
any landscape material and have been mowed for maintenance purposes. Existing
trees are located in the center of the parcel, which are to be removed and or relocated
as part of this proposal. The development proposal consists of the following:
· Construction of a 15,120 sq.ft. Walgreens with two drive-thru pharmacy lanes;
· Construction of a 4-story 40,000 sq.ft. 80 room hotel with pool;
· Installation of 142 parking spaces, dumpster enclosures, and associated
landscaping.
· Ingress/egress ,to the site is from both Northbound and Southbound Federal
Highway, and SE 10th Street.
The Walgreens is a permitted use and can be established through site plan approval,
however the hotel requires Conditional Use approval.
Planning and Zoning Board Staff Report
Conditional Use Approval- Walgreens/Hotel Development
Page 2
The applicant has submitted the following narrative, which describes the oPeration:
"As indicated on the site plan, the applicant is proposing a 4-story 40,000 sq. ff. hotel
building on the south side of the parcel and a 15,120 sq. ff. retail building with 2 drive-
thru pharmacy pick-up lanes on the north side. Access to the site will be from both the
northbound and southbound lanes of Federal Highway and also from Southeast lOth
Street. Phasing of the development is not anticipated at this time. The hotel will
operate on a 24 hour basis and employ 10-12 people. The hotel will not have a
restaurant, but will provide limited food service such as a breakfast bar. No food will be
prepared on site."
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the 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 GC (General
Commercial) and a zoning designation of PC (Planned Commercial). The zoning
district is consistent with the GC Future Land Use Map designation and "Hotel/Motels"
are listed as a Conditional Use in the PC zoning district [LDR Section 4.4.12 (D)(10)].
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:
E2 Water service is available to the site via an 8" water main connection to an
existing 8" main located on the north side of SE 10th Street. The water main is
looped through the site with a connection to an 8" main located on the east side
of SE 6th Avenue. This connection will require a jack and bore across SE 6th
Avenue.
Sewer service is available to the site via an 8" main extension from an existing 8"
main located on the north side of SE 10th Street that will extend along the west
side of the buildings, and dead-end into a manhole located along the north side
of the hotel.
Planning and Zoning Board Staff Report
Conditional Use Approval - Walgreens/Hotel Development
Page $
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant for the City at build-out. Pursuant to the Comprehensive plan,
treatment capacity is also available at the South Central County Regional Waste Water
Treatment Plant for the City at Build-out.
Drainaqe:
Drainage is to be accommodated on site via storm sewer and catch basin system.
There are no problems noted with retaining drainage on site. Thus, 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 the submittal of the site
plan.
Streets and Traffic:
A traffic impact study was submitted indicating that the proposed use will generate
1,860 daily trips onto the surrounding roadway network. Due to the project impacts on
the intersection of Federal Highway and Linton Boulevard an alternative test 1 analysis
was conducted. While the study provides the required alternative test, a revised study
must be submitted which addresses staff concerns with the proposed traffic distribution
as it relates to the intersection. As the intersection improvements required to alleviate
the traffic congestion at the Linton/Federal intersection are scheduled within the next
three years, the project will meet traffic concurrency. However, a revised traffic study
must be submitted and a letter provided from the Palm Beach County Traffic Division
stating that the project meets traffic concurrency.
With regard to traffic distribution, the peak hour volumes into and out of the site will
warrant some on-site and off-site adjustments to the site plan. First, the northernmost
driveway should be relocated to the center of the block and restricted to "right in/right
out only" similar to the driveway configuration immediately to the north. Secondly, a
southbound left turn lane into the project should be provided. This turn lane can be
accommodated in the existing pavement section by utilizing striping modifications.
These modifications should be noted on the engineering plans submitted with the site
development proposal. This item will be further addressed with the site plan. Based
upon the above, a positive finding with respect to traffic concurrency can be made.
Parks and Open Space:
Pursuant to LDR Section 5.3.2(B)(2)(c), hotels are required to pay $500.00 per unit
impact fee, which will be collected time of building permit.
Solid Waste:
The proposal calls for a 15,120 sq.ft, retail use generating 77 tons [15,120 sq.ft, x 10.2
Ibs./sq.ft. = 154,224/2000 = 77 tons] of solid waste a year. The 40,000 sq. ff. hotel use
generates 94 tons [40,000 sq.ft, x 4.7 Ibs/sq.ft. = 188,000 Ib$/2000 = 94 tons] for a total
of 171 tons of solid waste per year for the development proposal. 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.
Planning and Zoning Board Staff Report
Conditional Use Approval - Walgreens/Hotel Development
Page 4
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 the following applicable policies were found.
Future Land Use Element Objective A-l:
Vacant property shall be developed in a manner so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable
physical considerations, is complementary to adjacent land uses, and fulfills
remaining land use needs.
The site contains vegetation (shade trees and palms) which is to be removed and/or
relocated as part of the development proposal. No unusual physical conditions exist that
would prevent development of the property. The project can be developed in a manner
that would be complementary to the adjacent residential community. The need for
additional hotel rooms east of 1-95 was identified as a need in the Visions 2005
Assembly report (1994).
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The subject property is bordered on the north, by GC (General Commercial) zoning; on
the south, by Federal Highway right-of-way; on the west by RT (Resort Tourism) and
POC (Planned Office Center) zoning; and on the east, OS (Open Space) and RM
(Multiple Family Medium Density) zoning. The adjacent land uses include: to the north,
across SE 10th Street, Shell's Restaurant and M.A.B. Paints; to the south, by Federal
Highway right-of-way; to the west, across SE 5th Avenue, Floranda Trailer Park,
Executive Quarters and a vacant parcel; and to the east, across SE 6th Avenue,
Knowles Park and Delray Harbor Club.
The site is unique in that it is surrounded by rights-of-way which creates a natural buffer
around the site. There are no compatibility concerns noted with the use as it relates to
the surrounding commercial developments. Delray Harbor Club is the nearest
residential development and is 6 stories in height. The proposed 4-story hotel (36' in
height) is well within the size and scale of the adjacent residential structure so as not be
out of character for the area. Delray Harbor Club is buffered by large canopy trees
Planning and Zoning Board Staff Report
Conditional Use Approval - Walgreen$/Hotei Development
Page 5
located along Federal Highway, which obscures the views from the units to the hotel
site. Federal Highway has sufficient capacity to handle the demands of this
development and the contract has been let for the widening of the intersection of Linton
Boulevard and Federal Highway, which will alleviate the congestion at this intersection.
The need for a hotel east of 1-95 was identified in the Visions 2005 Assembly report.
Additionally, a hotel use was anticipated in this general area, with the application of the
RT (Resort Tourism) zoning on the 2oacre site immediately to the west of the subject
property. In fact, in the mid 1980's, a hotel had been approved for the 2-acre site,
however it was never developed. 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 has been reviewed by staff. 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" has been identified.
LDR Section 5.3.1(D)(Ri.qht-of-Way Dedication):
Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for SE 10th Street
is 80' and 55' currently exists. Pursuant to LDR Section 5.3.1(D)(4) (Reduction in
Width), for existing streets reductions in the required right-of-way width may be granted
by the City Engineer upon a favorable recommendation from the Development Services
management Group (DSMG). DSMG and the City Engineer have determined that a 60'
right-of-way width for SE 10th Street is adequate. Therefore, a dedication of 5' from this
property owner will be required.
Internal Traffic Circulation:
Staff has some concerns with the proposed traffic circulation between the two structures
where the ingress/egress points from the Federal Highway pairs are offset and a
confusing traffic circulation pattern is created with the drive-thru and truck circulation
pattern. It may be appropriate to provide a one-way driveway for the loading area and
block off the connection between the loading area and the eastern access point. This
area will need to be redesigned and can be further addressed with the site plan.
Hotel Elevations:
The proposed elevations for the hotel have a "streamline" style and are very plain. This
is an extremely visible location and the appearance of the structure is a major concern.
Staff voiced these concerns to the applicant, and the applicant has agreed to make
changes, which will be presented to the Board at the meeting.
Planning and Zoning Board Staff Report
Conditional Use Approval - Walgreens/Hotel Development
Page 6
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).
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 the following homeowner's associations, which
have requested notice of developments in their areas:
· Presidents Council
· PROD
· Osceola Park
· Delray Harbor Club
· Rio Del Rey Shores Homeowners Association
· Barrton Condominium Association
· Domain Delray Condominium Association
The proposed conditional use is for the establishment of a 4-story 80 room hotel. 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.
Planning and Zoning Board Staff Report
Conditional Use Approval - Walgreens/Hotel Development
Page 7
B. Recommend approval of the request for Conditional Use approval for
Walgreens/Hotel Development, 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 Walgreens/Hotel
Development 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 for the establishment of a hotel
for Walgreens/Hotel Development 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:
1. That 5' of dedication be provided along the north side of the property for SE 10th
Street.
2. That the elevations for the hotel be revised to a different architectural style.
3. That a revised traffic study must be submitted addressing staff's concerns regarding
the traffic distribution, and a letter provided from the Palm Beach County Traffic
Division stating that the project meets traffic concurrency.
Attachments:
· Sketch Plan, Elevations
' ~S: E.",1_O., S~-.P. EET ,
-- -"-' '~? d~:~-- ~' ~;"': - - "
' ' ~ / / ~'
iii ~ 1 ~' ~ I /
lii ~/: ~ ~ ' ~ o~
t
I
~./~ - __ .~ .,.
J /.~ ~ ~ ,. I
,/
~Z /t~' '
/
~ /
~ ~ /
** /
~ ,'~
~ , , /
~Z
mZ
N
b,,., t
/ /" / .// //
/ / /
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
FROM: SCOTT PAPE, SENIOR PLANNER~/?~
SUBJECT: MEETING OF NOVEMBER 2, 1999
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH
INDOOR SALES AND SERVICE OF PERSONAL WATERCRAFT FOR THE
JET SKI STATION.
The conditional use request is to convert the existing 1,390 square foot building to
accommodate the indoor retail sales, display, storage and repair of personal watercraft and
accessories. The request includes a one-bay watercraft repair component. Additional
background and analysis is found in the attached Planning and Zoning Board Staff Report.
At its meeting of October 18, 1999, The Planning and Zoning Board held a public hearing in
conjunction with review of the request. There were various representatives of the marine patrol,
adjacent and nearby residential homeowners that expressed concerns with the proposed
conditional use. The specific concerns regarded the potential adverse impact on surrounding
properties with respect to noise generated at the site when the watercraft are tested.
Furthermore, the Rio Delray Shores H.O.A. and marine patrol indicated that the proposed use
might have an adverse impact on the nearby Knowles Park and Intracoastal waterway. The
applicant indicated that no special noise suppression is proposed. The applicant also indicated
that the watercraft would be tested on-site or at Lake Ida Park and that Knowles Park would not
be utilized for such activity. The applicant declined the opportunity by the Board to investigate
further noise suppression and requested a vote by the Board on the matter. After reviewing the
staff report and discussing the proposal, the Board voted 7 to 0 to recommend that the
Conditional Use request be denied based on the incompatibility of the proposed use with
adjacent and nearby properties with respect to noise.
By motion, deny the conditional use request for the sales and service of personal watercraft for
Jet Ski Station, based upon the failure to make a positive finding 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.
Attachments:
· Letter from Michael Starace dated October 26, 1999.
· Survey and Location Map
I
· P&Z Staff Report and Documentation of October 18, 1999 /'~^0~/')
October 26, 1999
Diane Dominguez
Planning Director
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Conditional Use Approval for the Jet Ski Station
Dear Ms. Dominguez,
I would like to request that the City Commission continue their consideration of my
conditional use application to the meeting of November 16, 1999. This will give me time
to better address some of the concerns raised at the Planning and Zoning Board
meeting.
Sincere?,
Michael Starace
Jet Ski Station
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 18, 1999
AGENDA ITEM: V.G.
ITEM: Conditional Use Request to Allow the Indoor Sale and Service of Personal
Watercraft for the Jet Ski Station, Located at the Southwest Corner of S.E.
5th Avenue (Southbound Federal Highway) and S.E. 7th Street.
GENERAL DATA:
Owner ................ Regal Land Holdings, Inc.
a Florida Corporation
Agent/Applicant .............. Michael Starace
Location .......................... Located at the southwest
corner of S.E. 5th Avenue
(Southbound Federal Highway)
and S.E. 7th Street.
Properly Size .................. 0.589 Acre
Future Land Use Map. General Commercial
Current Zoning ................GC (General Commercial)
Adjacent Zoning .... No~h: AC (Automotive Commercial)
East: GC
Existing Land Use ........... Vacant structure formerly
occupied as window
tin,automotive detail
Proposed Land Use ........ Conditional Use Request to
allow the sale of personal
Water Se~ice .... .............Existing on site.
V.G.
ITEM. BEFORE THE.BOA, RD ~;~ ~ ~ ~ ~ ..
I
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval for the Jet Ski
Station Sales and Service of Personal Watercraft (waverunners and jet
skies), pursuant to Section 2.4.5(E).
The subject property is located at 710 SE 5th Avenue, which is at the
southwest corner of SE 5th Avenue (Federal Highway) and SE 7th Street.
The subject prope~y consists of lots 16 through 19, Block 13, Osceola Park and
contains approximately 0.61 acres.
According to the Palm Beach County Properly Appraiser records, the properly was
developed in 1964 as a gas station. There have been few changes to the subject
prope~y since then. In 1993, the site was subject to the ci~ide landscape code
compliance effoKs. The previous use of the prope~y was a retail automobile pa~s
business (ie lights, stereo and security products) known as Finish Line Custom Car.
The occupational license for this use expired in September 1998.
The conditional use request is to establish a sales and service facility for personal
watercraft (waverunners, jet skis) for Jet Ski Station. The development proposal
includes the following:
D Conversion of the existing 1,390 sq.ft, building to accommodate the retail sales,
display, storage and repair of personal watercraft and accessories;
D Establish a one-bay vehicle repair component.
The hours of operation will be 9:00 a.m. to 6:00 p.m., Monday through Friday, and there
will be two employees.
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 that 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.
P & Z Board Staff Report
Jet Ski Station - Conditiona, rise Request for the Sale & Service of r-ersonal Watercraft
Page 2
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 General Commercial Future Land Use Map and Zoning
District Map designation. The proposal is to establish a facility for the sale and service
of personal watercraft, which is permitted as a conditional use in the GC zone district
[ref. LDR Section 4.4.9(D)(13)], provided that there is no outside display, outside
storage or outside service. The applicant has indicated in his conditional use request
that there will be no outside operations associated with this business. Based upon the
above, a positive finding can be made with respect to consistency with the Future Land
Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
A positive finding of concurrency can be made as it relates to water, sewer, streets and
traffic, drainage, parks and recreation, open space, and solid waste since the impacts
are the same as the previous retail use.
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)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
The Federal Highway corridor is comprised predominately of commercial uses. The
immediately adjacent uses are Dixie Motor Sales to the north, a duplex to the south,
the Nation's Bank/office building to the east, and single family to the west. The
proposed retail sales and service facility will not have an adverse effect on the
commercial properties to the north or east. Potential conflict with the adjacent
residential uses is relieved given the hours of operation and the completely indoor
aspect of the proposed use. There are certain code compliance issues with respect
to landscape requirements that must be addressed via submittal of a site plan
modification application, which is attached as a condition of approval. The specific
P & Z Board Staff Report
Jet Ski Station - Conditiona, rise Request for the Sale & Service of ~-ersonal Watercraft
Page 3
issues that must be addressed are discussed in the "Compliance With Land
Development Regulations" section of this report.
B. Nor that it will hinder development or redevelopment of nearby properties.
The previous use of this property was Finish Line Custom Car which was a retailer
of automotive parts such as lights, stereo and security products that did not include
the installation. The impact on the surrounding neighborhood will be similar to the
previous use. The proposed retail sales and service of personal watercraft will not
hinder new development of adjacent properties as they have been previously
developed. The existing duplex to the south is located in the GC zone district and is
considered a nonconforming use. When this property is redeveloped, it is
reasonable to assume that a conversion to a commercial operation will occur.
However, in order to provide adequate buffering between the proposed use and the
adjacent residential uses to the south and west, a site plan modification will be
necessary. There is insufficient landscape buffer between the parking areas and
these adjacent residential properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan
modification submittal complying with the Land Development Regulations will be
required. The following are those landscape issues that must be addressed via
the site plan modification process:
Off-Street Parking Regulations:
Pursuant to LDR Section 4.6.9(C)(3)(a), the site must provide 4.5 parking spaces per
1,000 square feet of total building area. Given the existing floor area (1,390 square
feet), the proposed use must provide seven parking spaces. While the property
contains an extensive paved area, there are no designated parking spaces. The site
plan modification must provide the required parking spaces in accordance with the
design standards of LDR Section 4.6.9(D). The parking created by the conversion of
use may require additional landscape in accordance with LDR Section 4.6.16(H), such
as terminal landscape islands.
Perimeter Landscape Requirements:
Pursuant to LDR Section 4.6.16(H)(3)(d), a five-foot wide perimeter landscape strip is
required between the parking area and abutting properties. The perimeter landscape
strip along the west side of the property is required to provide a continuous hedge and
one tree for every 30 lineal feet. The required hedge is existing along this strip north of
the building. However, the required hedge and trees must be installed along the entire
length of the strip including the south side of the building.
P & Z Board Staff Report
Jet Ski Station - Conditiona~ Use Request for the Sale & Service of Personal Watercraft
Page 4
With respect to the required landscape strip along the south side of the property, a
continuous hedge and one tree for every 25 lineal feet is required in accordance with
LDR Section 4.6.16(H)(3)(e). The decreased spacing of the required trees is due to the
required buffering adjacent to residential uses.
Vehicular Encroachment:
Pursuant to LDR Section 4.6.16(E)(3), a type "D" concrete curb is required to protect all
required landscape areas. Portions of the existing landscape areas along Federal
Highway are not protected with the required curb. These areas together with any new
landscape areas created by the site plan modification must include the required curb.
Dumpster Enclosure:
Pursuant to LDR Section 4.6.16(H)(4)(c), the dumpster enclosure location and method
of screening must be provided on the proposed site plan modification.
Bicycle Parking:
Pursuant to Transportation Element Policy D-2.2 of the Comprehensive Plan, a bicycle
rack is required for all redevelopment. The location of this bicycle rack must be noted
on the site plan modification.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and HPB (Historic Preservation Board).
Community Redevelopment Agency
The CRA will review the conditional use request at its meeting on October 14, 1999.
The CRA recommendation will be presented at the meeting.
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a site plan modification submittal will follow for
the landscape and site improvements. Final action on the site plan submittal will rest
with the SPRAB (Site Plan Review and Appearance Board). The site plan must
address the concerns raised through the conditional use petition.
Courtesy Notices:,
Special courtesy notices were provided to the following homeowners and civic
associations:
Progressive Residents of Delray
Rio Del Rey Homeowners Association
P & Z Board Staff Report
Jet Ski Station - Conditiona~ rise Request for the Sale & Service of h-ersonal Watercraft
Page 5
Presidents Council
Domaine Delray
Harbourside
n Delray Harbour Club
Silver Terrace
Osceola Park
Barrton Apartments
Churchill
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
The proposed conditional use for Jet Ski Station to allow the sales and service of
personal watercraft is consistent with Chapter 3 of the Land Development Regulations
and the policies of the Comprehensive Plan. Also, positive findings with respect to LDR
Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided the use is
conducted completely within the building.
1. Continue with direction.
2. Recommend approval of the conditional use request for the sales and service of
personal watercraft for Jet Ski Station 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 request for the sales and service of
personal watercraft for Jet Ski Station 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, that the proposed use will hinder development
or redevelopment of nearby properties.
~ ....: :: ~ ~. '~, ~ ;'::~ ' '~ :~:~,; ~,~, i!D~ ~D~~ ': ~i~:'~¢ ~ ~ ~,! '~-:¢' ~ii;~':~ '~ ~i~ "~i!¢ ~ "'~'¢ ~' ~'~ '" '~ ~
Recommend to the City Commission approval of the conditional use request for the
sales and service of personal watercraft for Jet Ski Station, based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5)
P & Z Board Staff Report
Jet Ski Station - Conditiona~ rise Request for the Sale & Service of h'ersonal Watercraft
Page 6
(Required Findings) of the Land Development Regulations, and the policies of the
Comprehensive Plan subject to the following conditions:
1. That a site plan modification be submitted which addresses Land Development
Regulations noted in the staff report;
2. That the hours of operation for the business operation be limited to 9:00 a.m. and
6:00 p.m., Monday through Friday;
3. That there shall be no outdoor display, storage or service of personal watercraft.
Attachments:
Cl Survey
Q Location Map
Report prepared by: Scott Pape, Senior Planner
TE
" DI BEACH In'k I
~ < < CONDOS
I--~ CHURCHILL
" · u") CONDO
S.E. 7TH
BA ~- r7
$.[. 81H ST.
S.E. ~TH ST.
BARNETT
.%
5TH AVE.
GRILL
~ MIAMI
, SUBS
9TH ST.
S.E. 10TH ST.
DEI RA Y
PLACE
EXECU TI VE
, QUARTERS
CONDOS
WILSON AVE.
JET SKI STATION
CITY OF DELRAY BEACH, FL
PLANNING & ZONING OEPARTMENT
-- DI~/T,4L ~4~£ ~ SYST£1~ -- MAP REF: LM391
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~7~
SUBJECT: AGENDA ITEM # 9. '~. - REGULAR MEETING OF NOVEMBER 2, 1999
CONDTIONAL USE REQUEST/PALM BEACH EQUIPMENT RENTAL
AND SALES
DATE: OCTOBER 29, 1999
This is before the City Commission to consider a request for conditional use approval to allow
"storage and rental of light construction equipment not over 24' long, 8' wide and 10' high" with the
sales and repair of light construction equipment as an accessory use, and "towing services, with no
outside storage" within the MIC (Mixed Industrial and Commercial) District. The applicant, Palm
Beach Equipment Rental and Sales, Inc., proposes to take the former Causeway Lumber site located
at the northeast corner of West Atlantic Avenue and the E-4 Canal (2201 West Atlantic Avenue).
The staff report, including the Planning and Zoning Board recommendation, is attached for your
review.
You may recall that Jean Beer spoke at the October 19th meeting concerning billboards in the City,
and specifically mentioned the existing billboard on the subject property. I asked the Planning staff to
comment on this and call your attention to their memorandum which is included in the backup
material following the documentation memorandum. While staff will continue to work with the
property owners in an effort to have the billboard removed, please note that it is inappropriate to
condition the conditional use request on removal of the billboard due to legal issues involved.
The recommendation is to approve the conditional use request for Palm Beach Equipment Rental and
Sales, subject to the findings and conditions as recommended by the Planning and Zoning Board.
Ref:Agmemol 7.Cond. Use. Palm Beach Equipment Rental & Sales
TO: DAVID T. HARDE., C TY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNINGS\
FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER('~'~-v -
SUBJECT: MEETING OF NOVEMBER 2, 1999
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH THE
STORAGE AND RENTAL OF LIGHT CONSTRUCTION EQUIPMENT (PALM BEACH
EQUIPMENT RENTAL & SALES), AND A TOWING SERVICE, WITH NO OUTSIDE
STORAGE, LOCATED AT THE NORTHEAST CORNER OF W. ATLANTIC AVENUE
AND THE E-4 CANAL (FORMER CAUSEWAY LUMBER SITE).
The development proposal involves the conversion of the existing 10,000 sq.ft, industrial building to
accommodate "storage and rental of light construction equipment not over 24' long, 8' wide and 10' high"
with the sales and repair of light construction equipment as an accessory use, and "towing services, with
no outside storage". The proposal includes utilizing the outside storage area interior to the perimeter
wall. A complete description of the proposed uses as well as additional background and an analysis of
the request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of October 18, 1999, the Planning and Zoning Board held a public hearing in conjunction
with review of the request. There was no public testimony regarding the proposal. The Board discussed
the proposal and voted 7-0 to recommend to the City Commission approval of the conditional use
request, 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 modification be submitted which addresses the Technical Items listed in the staff
report;
2. That all equipment be limited to a maximum height of 7' and fixed in a closed/down position; and,
3. That company and towing vehicles be parked interior to the wall when not in use.
By motion, approve the Conditional Use request to establish a storage and rental of light construction
equipment facility (Palm Beach Equipment Rental & Sales), and a towing service, with no outside
storage, subject to the findings and conditions as recommended by the Planning and Zoning Board.
Attachment:
· P & Z Staff Report and Documentation of October 18, 1999
s:\planning & zoning\city commission\palmbeachequipmentrental.doc
TO: DAVID T. HARDEN, CITY MANAGER c-,,~, c ,
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING~~N~~/tA,L~ V~--~'
FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNE~/~~
SUBJECT: MEETING OF NOVEMBER 2, 1999
BILLBOARD AT FORMER CAUSEWAY LUMBER SITE (PROPOSED PALM
BEACH EQUIPMENT RENTAL & SALES) (2201 W. ATLANTIC AVE.)
There is an existing billboard located on the subject property that was erected prior to
annexation of the property on November 8, 1988, pursuant to the City of Delray Beach Enclave
Act (Enclave 66 - Ordinance No. 127-88). Pursuant to the City's sign regulations (LDR Section
4.6.7), the billboards are nonconforming signs and could be removed at the City's request.
However, pursuant to the Florida State Statutes Section 479.15(2), along interstate or federal-
aid primary highway system, removal of billboards require the payment of just compensation.
As Atlantic Avenue is a federal-aid primary highway, the City would have to pay just
compensation for the sign located on the subject property.
On September 14, 1993, the City Commission approved the Conditional Use request to
establish a lumberyard (Causeway Lumber Company) on the subject property. At that time, the
billboard was under a long term lease (expires year 2010) and the applicant was to work with
the City Attorney's office to explore methods to have the billboard removed. The property was
sold earlier this year to SKC, Inc. who is the applicant requesting conditional use approval to
establish the equipment rental facility. Staff verbally requested a copy of the lease agreement
for the billboard. As of this date a copy has not been received. Due to the legality issues it is
inappropriate to condition the conditional use request on removal of the billboard.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 18, 1999
AGENDA ITEM: V.E.
ITEM: Conditional Use Request to Allow the Establishment of the Storage
and Rental of Light Construction Equipment and Towing Services for
Palm Beach Equipment Rental and Sales, Inc., Located at the
Northeast Corner of West Atlantic Avenue and the LWDD E-4 Canal.
ENCO N~R TEM~Lr [ ~ ~~
GENE~L DATA:
Owner/Applicant ................... S.K.C., Inc., A Florida Corporation
a/o Co~landt Schuyler
Agent .................................... Richard A. Gescheidt
Location ................................ Located at the no~heast corner of West Atlantic Avenue and the
LWDD E4 Canal
Prope~ Size ........................ 1.5 Acres
Future Land Use Map ........... Commerce
Current Zoning ..................... MIC (Mixed Industrial & Commercial)
Adjacent Zoning .......... No~h: MIC
East: MIC
South: PC (P~anned Commercial)
West: R-I-~ (Single Family Residential)
Existing Land Use .............. :. Formerly lumber and hardware sales; lumber yard and mill
Proposed Land Use .............. Conditional Use Request to allow the establishment of the
storage and rental of light construction equipment and towing
se~ices.
Water Semite ....................... Existing on-site.
Sewer Sewiae ...................... Existing on-site.
V.E.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval for the storage and
rental of light construction equipment (Palm Beach Equipment Rentals
and Sales) and towing services with no outside storage, pursuant to
Section 2.4.5(E).
The subject property is located on the north side of W. Atlantic Avenue,
between Congress Avenue and the E-4 Canal.
The subject property consists of the Causeway Lumber Plat, and is 1.5 acres in size. The
property contains an existing 5,000 sq.ft, c.b.s, structure with an attached 5,000 sq.ft, metal
structure (10,000 sq.ft, total); a 7' high c.b.s, wall which runs along the north and east
property lines, and along the north side of the 14-space parking area adjacent to Atlantic
Avenue; a 10-space parking area and loading areas along the east side of the building;
storage areas with drive aisles along the east and north sides of the property; and a billboard.
On September 14, 1993, the City Commission approved the Conditional Use request to
establish a lumberyard (Causeway Lumber Company).
On January 12, 1994, the SPRAB (Site Plan Review and Appearance Board) approved a site
plan modification, which primarily consisted of upgrading the parking, loading and landscape
areas; repainting and repairing the existing structures and perimeter wall; and, demolition of
a metal building along the north property line of the site. On January 25, 1994, the City
Commission approved the boundary plat. In July, 1994, a site plan modification was
approved to install an 20' X 40' awning on the north side of the metal building. The
associated improvements were installed. Causeway Lumber Company vacated the site in
April of this year.
The development proposal involves the conversion of the existing 10,000 sq.ft, industrial
building to accommodate "storage and rental of light construction equipment not over 24'
long, 8' wide and 10' high" with the sales and repair of light construction equipment as an
accessory use, and "towing services, with no outside storage". The proposal includes
utilizing the outside storage area interior to the perimeter wall.
Construction equipment rental:
The projected customer base for the business is primarily contractors, subcontractors, and
tradespersons. The use will include office, display/retail, and indoor maintenance and
storage areas. The equipment that will be rented include:
P&Z Board Staff Report
Palm Beach Equipment Rentals and Sales - Conditional Use Approval
Page 2
· Air compressors · Mortar and concrete mixers
· Bobcats and skid steer loaders, · Pressure washers (stored inside)
· Bucket lifts · Rotor tillers (stored inside
· Chippers rotor tillers · Scissors lifts
· Clipping hammers (stored inside) · Tile saws (stored inside)
· Flat bed trailers · Trenchers (for digging)
· Generators (stored inside) · Company vehicles
· Mini backhoes
There will be incidental sale of products that are used with such equipment, such as saw
blades. The front building (5,000 sq.ft, cbs) will be used for display and storage of rental
equipment and sale items. The administrative functions of the business will be performed in
this building. Customers will pickup and return rental equipment. The rear building (5,000
sq.ft, metal) will be used for the storage and maintenance of rental equipment and other
construction supplies.
Additional storage of larger construction equipment may be done on the exterior areas on
paved surfaces (not within designated parking areas). These areas are all screened from off-
premises view by a concrete wall.
There will be approximately 5 employees and the hours of operation will be 7:00 a.m. to 6:00
p.m., Monday through Friday, and 7:00 a.m. to 1:00 p.m. on Saturday, and there will be no
Sunday operations.
Towin.q Services, with no outside storage:
The towing service is not to be established at this time, however the applicant wishes to
obtain approval as he has been negotiating with a towing company to lease a portion of the
building. The applicant has stated that the towing service would transport rented equipment
as well as vehicles. The towing service will store vehicles in the metal building (north end).
There will be 5-6 fiat bed tow trucks. The vehicles are towed from crime scenes, towing/no
parking zones, and kept until the owner picks it up. Disabled vehicles are typically delivered
directly to an auto repair facility or junkyard. If approved the towing service must be
established within 18 months or the Conditional Use will expire.
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 the following four areas:
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.
P&Z Board Staff Report
Palm Beach Equipment Rentals and Sales - Conditional Use Approval
Page 3
The subject property has a Future Land Use Map designation of Commerce and a zoning
designation of MIC (Mixed Industrial and Commercial). The MIC zoning district is consistent
with the Commerce Future Land Use Map designation. Within the MIC zone district, "storage
and rental of light construction equipment not over 24' long, 8' wide and 10' high" [ref. LDR
Section 4.4.19(D)(2)(c)], and "towing services, with no outside storage" [ref. LDR Section
4.4.19(D)(1)(c)] are allowed as Conditional Uses. Further, Section 4.4.19(D)(2) prohibits
outside storage within 150' of a property line adjacent to an arterial roadway and Section
4.4.19(B)(4) states that retail uses are permitted as a secondary use within a building,
provided that all retail use area does not exceed 25% of the total floor area of the building.
The intent of the MIC zone district is to allow retailing of items manufactured, repaired, or
wholesaled on-site. The proposed equipment sales has been indicated as 5,000 sq.ft.,
however, the retail sales must be limited to 2,500 sq.ft, to not exceed the maximum area
allowed. 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.
This proposal is the introduction of a new industrial type use into an existing industrial
structure. Drainage is retained on-site via landscape areas and other pervious areas and
there are no impacts with respect to park and recreation facilities. Traffic volumes and trash
associated with the proposed construction equipment rental/sales facility, and towing service
will be similar to that generated by the previous operation (lumberyard). No additional
demand for any services or facilities will be created by this development. With the
establishment of Causeway Lumber Company in 1994, a water service lateral connection
was made to an existing 12" water main along the north side of Atlantic Avenue and a fire
hydrant was installed at each driveway. The existing structures are connected to a septic
tank system and not to the City's sanitary sewer system. The nearest connection is to a lift
station at the Chevron gas station, approximately 800' east of the property. Pursuant to
Section 6.1.11(A), where sanitary sewerage systems are not reasonably accessible,
individual septic tank systems may be used provided they meet Palm Beach County Health
Department requirements and the sewer is not within 200' of the property. As the nearest
sanitary sewer is 800' from the property, a sewer main extension and service lateral
connection will not be required with this development proposal. Based upon the above a
positive finding with respect to concurrency 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 goals, objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy is noted.
P&Z Board Staff Report
Palm Beach Equipment Rentals and Sales - Conditional Use Approval
Page 4
Future Land Use Element Policy C-1.5 - The City shall concentrate efforts in the heavy
industrial and undeveloped areas along arterial roadways in order to provide a better
image of the community. Such efforts should include:
[] enhanced and continuous code enforcement,
[] legislation which requires heavy industrial uses to provide perimeter landscaping
of their sites,
E3 owners of vacant property shall provide a landscaped appearance of their
properties.
The property is located on a State arterial (Atlantic Avenue), therefore this policy applies.
Efforts have been taken in an attempt to provide a better image along this corridor with the
installation of landscaping on private properties as well as within the Atlantic Avenue median.
With the approval for Causeway Lumber, landscape and parking upgrades were made along
the property's frontage along Atlantic Avenue, which greatly improved the appearance of the
property.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the
City Commission must make findings that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The subject property is bordered on the north and east by the MIC zone district, on the south
by the PC (Planned Commercial) zone district, and on the west by the R-1AA (Single Family
Residential) zone district. The following are the existing land uses adjacent to the subject
property: north of the property is Osprey Building Materials, Inc.; south, across Atlantic
Avenue, is Congress Square shopping center; east is Consolidated Electric Supply; west,
across the E-4 Canal, are single family dwellings (Breezy Ridge Estates subdivision).
With respect to the adjacent industrial and commercial properties, the proposed uses should
not have any negative impacts. There is a 7' c.b.s, wall along the north, south, and east
sides of the property, which will screen the equipment, stored on the site.
Compatibility with the residential properties to the west is not a major concern. Most of the
equipment will be stor. ed east of the building, and towed vehicles will be stored within the
north portion of the building. If adequate buffering is provided, the proposed use should
not have an adverse effect on the adjacent neighborhood nor should it hinder development
or redevelopment of nearby properties. With the Causeway Lumber development the west
building facades of the existing structures were repaired and repainted. It is noted that where
industrially zoned property does not directly abut residentially zoned property, but is
separated from it by a street or waterway, a solid wall or continuous hedge 4.5' high at the
P&Z Board Staff Report
Palm Beach Equipment Rentals and Sales - Conditional Use Approval
Page 5
time of planting should be provided along the boundary line [ref. LDR Section 4.6.4(B)(2)(a)
(District Boundary Treatment)]. Pursuant to this section, a hedge or wall should be installed
along the west property line, and trees installed every 25' [ref. Section 4.6.16(H)(3)(e)]. The
building exists and the west building elevation is a solid wall, however, the requirement for
landscape treatments along the west boundary conflicted with restrictions on plantings
imposed by the Lake Worth Drainage District. Lake Worth stated that Iow profile plantings
i.e. hibiscus, ixora, etc., which could be easily driven through if maintenance of the canal was
required. In addition, a maximum height restriction was placed upon such planting.
LDR Section 4.6.6(C)(2) (Outside Storage) states that materials and equipment stored
outside must be screened from view from adjacent public rights-of-way in a manner approved
by the Site Plan Review and Appearance Board (SPRAB). Outside storage may not be
located in a required setback area. The proposed outside storage area will be located
interior to the wall and should be adequately screened from adjacent properties and right-of-
ways. With the Causeway Lumber development trees were installed on the east side of the
wall to screen the storage area and the gates were covered with canvas to obscure visibility
into the storage area. While the construction equipment is allowed a maximum height of 10',
it seems appropriate to require all equipment to be limited to a maximum height of 7' and
fixed in a closed/down position. This would eliminate the potential for the scissors lifts and
other equipment to be elevated for advertisement purposes. Further, the company and
towing vehicles should be parked interior to the wall when not in use.
To ensure that the 150' setback requirement for storage is maintained, the site should be
modified in a manner that clearly delineates the storage area from other areas. This could be
easily accomplished by installing additional parking and/or landscaping within the 150'
setback area.
If the above measures are taken, the proposed construction equipment rentals and towing
services should not have an adverse effect on the adjacent neighborhood nor should it
hinder development or redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan
modification submittal complying with the Land Development Regulations will be
required. Along with the Conditional Use request, a survey has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site inspections,
the following "Technical Items" were identified. These items will need to be
addressed with the site plan modification submittal.
1. Pursuant to LDR Section 4.4.19(B)(4), within the MIC zone district, retail uses are allowed
as a secondary use within a building only to the extent that the retail use does not exceed
25% of the total floor area of the building. A floor plan must be provided which delineates
the use areas i.e. retail, office, repair and storage and their associated square footage.
2. As previously stated, LDR Section 4.4.19(D)(2) prohibits outside storage within 150' of a
property line adjacent to an arterial roadway. To ensure that the 150' setback
requirement for storage is maintained, the site should be modified in a manner that clearly
P&Z Board Staff Report
Palm Beach Equipment Rentals and Sales - Conditional Use Approval
Page 6
delineates the storage area from other areas. This could be easily accomplished by
installing additional parking and/or landscaping within the 150' setback area.
3. That proposed equipment wash area must be indicated on the plans.
4. Pursuant to LDR Section 4.6.16(H)(3)(I), all landscape islands must be provided with a
tree. A tree is missing from the terminal landscape island within the parking row on the
east side of the west entrance.
The development proposal is not within a geographical area requiring review by the CRA
(Community Redevelopment Agency, DDA (Downtown Development Authority), or the HPB
(Historic Preservation Board).
Site Plan Modification:
If Conditional Use approval is granted, a site plan modification submittal will follow. The site
plan must accommodate concerns raised through the conditional use petition, and address
the listed "Technical Items".
Special Courtesy and Neighborhood Notices:
Courtesy notices were provided to the following homeowner's associations and civic
organizations:
The Hamlet Q PROD (Progressive Residents of Delray)
Greensward Village g~ President's Council
High Point Section I ~1 Sherwood Forest
Hanover Square El The Sudan
Windy Creek El Woodlake
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposed conditional uses for Palm Beach Equipment Rentals and Sales to allow the
storage and rental of light construction equipment, and towing services with no outside
storage. The proposed uses should not increase the current intensity of the site. The
development proposal is consistent with Chapter 3 of the Land Development Regulations
and the policies of the Comprehensive Plan. The "Technical Items" will be addressed with
the site plan modification submittal. Also, positive findings with respect to LDR Section
2.4.5(E)(5) (Conditional Use Findings) can be made provided all equipment is limited to a
P&Z Board Staff Report
Palm Beach Equipment Rentals and Sales - Conditional Use Approval
Page 7
maximum height of 7' and fixed in a closed/down position, and that company and towing
vehicles are parked interior to the wall when not in use. If the towing service is approved, it
must be established within 18 months or the Conditional Use will expire.
1. Continue with direction.
2. Recommend approval of the conditional use requests to establish storage and rental
of light construction equipment, and towing services with no outside storage for Palm
Beach Equipment Rentals and Sales, 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 requests to establish storage and rental of
light construction equipment, and towing services with no outside storage for Palm
Beach Equipment Rentals and Sales, 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, that the proposed use will hinder development or
redevelopment of nearby properties.
Recommend to the City Commission approval of the conditional use requests to establish
storage and rental of light construction equipment, and towing services with no outside
storage for Palm Beach Equipment Rentals and Sales, 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 modification be submitted which addresses the Technical Items listed in
the staff report;
2. That all equipment be limited to a maximum height of 7' and fixed in a closed/down
position; and,
3. That company and towing vehicles be parked interior to the wall when not in use.
Attachment:
[] Survey/Sketch Plan
S:/P&Z/PBRENTAL
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR A ~
FROM: MICHELLE E. HOYLAND, PLANNER ~ )
SUBJECT: MEETING OF NOVEMBER 2, 1999
CONDITIONAL USE REQUEST TO ESTABLISH AN ORNAMENTAL CAST
CONCRETE/STONE MANUFACTURING FACILITY FOR PROFILES IN
CONCRETE TO BE LOCATED ON THE NORTHEAST CORNER OF
POINSETTIA DRIVE AND LIME LANE.
A Conditional Use request is sought to establish an ornamental cast concrete/stone
manufacturing facility for Profiles in Concrete. The development proposal is to construct a
25,600 sq.ft, building, which will include 12,800 sq.ft, of office and manufacturing area and
12,800 sq.ft, of storage area. The proposal also includes installation of an associated parking
area, dumpster and landscaping and the establishment of an outdoor storage area. Additional
background and an analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
At its meeting of October 18, 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 an ornamental cast
concrete/stone manufacturing facility for Profiles in Concrete, 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
2. That a solid hedge (4' high at time of planting) be installed to surround the proposed storage
area.
By motion, approve the Conditional Use request to establish an ornamental cast concrete/stone
manufacturing facility for Profiles in Concrete, 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 October 18, 1999
The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval to establish an ornamental cast concrete/stone
manufacturing facility for Profiles in Concrete, pursuant to LDR Section 2.4.5(E).
The subject property is located at the northeast corner of Poinsettia Drive and Lime
Lane (unimproved).
The subject prope~y involves Lots 1-4 and 6, Block B, Sunny Acres Subdivision
containing 1.7 acres. The properly is vacant and is located within the Wallace Drive
Redevelopment Area.
On June 28, 1988, the prope~y was annexed into the City with the LI (Light Industrial)
zoning designation (Ordinance ¢50-88) as pa~ of the annexations conducted via the
Enclave Act (Enclave ¢31A). The parcel was zoned LI until it was rezoned to MIC
(Mixed Industrial and Commercial) with the Cit~ide Rezoning associated with the
adoption of the Land Development Regulations in 1990. There has been no land use
activity with regard to the subject prope~y.
Profiles in Concrete is a business specializing in ornamental cast concrete/stone,
which is not listed as an allowable use in the MIC zoning district. As the use was not
specifically listed within the MIC zone district but had similar characteristics as a
monumental and stone cu~ing business, a Determination of Similarity of Use was
processed. At its meeting of November 16, 1998, the Planning and Zoning Board
determined that ornamental cast concrete/stone is similar to a monument and
ornamental stone cu~ing business which is allowed as a Conditional Use in the MIC
zone district and is the action now before the Board.
The development plan consists of the following:
· Construction of a 25,600 sq. ft. building which will incorporate office, storage and
manufacturing;
· Installation of associated parking area, dumpster and landscaping; and
· Establishment of an outdoor storage area.
The applicant has submitted the following narrative, which describes the operation:
Planning and Zoning Board Staff Report
Conditional Use Approval - Profiles in Concrete
Page 2
"Profiles in Concrete is engaged in the business of design and manufacture of
architectural (non-structural) pre-cast concrete products for construction
applications. We mix and cast our products inside our facility. The usual raw
materials for concrete production (e.g. aggregates, sand and cement)are also to
be stored indoors. We do not anticipate any appreciable outdoor storage of
material or molds, yet limited outdoor storage may be necessary from time to
time, in the rear area of the lot designated for such, in our sketch plan. Some
occasional cutting, sanding and treating of the concrete is necessary to finish the
product. These operations are likewise conducted indoors. Our usual operating
hours are from 7:00 a.m. to 5:30 p.m., Monday through Friday. We also employ
late shifts and Saturday shifts when operationally necessary. We anticipate a
workforce of less than 40 employees.
II
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body, which has the authority to approve or deny the development
application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the 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 RDA-2
(Redevelopment Area #2) and a zoning designation of MIC (Mixed Industrial &
Commercial). The zoning district is consistent with the RDA-2 Future Land Use
Map designation and ornamental cast concrete/stone is similar use to
"monument and ornamental stone cutting" which is listed as a Conditional Use in
the district [LDR Section 4.4.19(D)(2)(d)]0
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 in 1992, water and
sewer mains were installed throughout the redevelopment area to ensure that the area
would be prepared for future development. Water and sewer services are both
available via service lateral connections to existing 8" water and sewer mains within
Planning and Zoning Board Staff Report
Conditional Use Approval - Profiles in Concrete
Page 3
unimproved Lime Lane. No main extensions or upgrades are required with this
development proposal.
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 an 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 the submittal of the site plan.
Streets and Traffic:
Pursuant to LDR Section 2.4.3(E)(2), a traffic statement is required for land use
applications, that generate 200 or less ADT (Average Daily Trips). A traffic statement
has been submitted which indicates that the proposed use will generate 170 average
daily trips. It is anticipated that adequate capacity exists on the surrounding roadway
network to accommodate the traffic generated from the proposed use. However, it has
been requested that the applicant provide traffic counts for Wallace Drive as none
currently exist. This information has been attached as a condition of approval so that a
finding can be made with respect to this level of service standard.
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.
Solid Waste:
The 25,600 sq. ft. of industrial use will generate 60.16 tons of solid waste per year
[25,600 sq. ft. x 4.7 lbs./sq, ff./year = 1;>0,320/2000 = 60.16 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 the following applicable policies were found.
Land Use Element Redevelopment Areas - The Redevelopment Area designation
is applied to those areas which have been identified in the Land Use Element as
Planning and Zoning Board Staff Report
Conditional Use Approval- Profiles in Concrete
Page 4
being in need of redevelopment. Development shall occur pursuant to a specific
"redevelopment plan" which is to be prepared pursuant to Objective C-2 of the
Land Use Element. If a development proposal is presented to the City prior to the
creation and adoption of a redevelopment plan, that proposal shall be handled in
one of the following ways:
[] the application shall be placed on hold for not more than six (6) months while
the redevelopment plan is prepared;
[] the application shall be processed on a case by case basis with the existing
zoning map, the Land Use Element, and the Housing element providing the
Local Planning Agency with the policy guidance needed to properly dispose of
the application.
The description of the Wallace Drive Redevelopment Area (#2) in the Comprehensive
Plan is as follows:
Land Use Element Policy C-2..~ - The Wallace Drive Redevelopment Area
(Redevelopment Area #2) shall be primarily industrial (LI Zoning) with an
emphasis on commerce uses (PCC, MIC zone districts). The City through its
water and sewer capital improvement program, shall install water and sewer
mains throughout the area. Unimproved and underimproved rights-of-way shall
be abandoned when it facilitates the aggregation of parcels and larger scale
development provided that the right-of-way is not essential for traffic flow
purposes. Support uses for the existing automobile dealership uses are
encouraged. All commercial uses shall be allowed with the exception of "strip-
type" development along Wallace Drive, which is not desired because of traffic
conflicts along this collector street.
In 1992, the City installed water and sewer mains throughout the redevelopment area
so that the area would be ready for development. This proposal involves the
aggregation of five parcels of land in order to accommodate a new industrial building.
The application should be considered on its own merits, as permitted in the "case by
case" option under the policies for Redevelopment Areas in the Comprehensive Plan.
The redevelopment plan for this area is not scheduled for completion until Fiscal Year
99100. The proposal is consistent with the desired industrial development for this area.
Land Use Element Objective A-1 - Vacant property shall be developed in a manner
so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
The property was previously disturbed and there are no special physical or
environmental characteristics of the land that would be negatively impacted by the
proposed industrial development. The proposed development will be complimentary
with the adjacent industrial uses and fulfills the need for improvements within this
redevelopment area.
Planning and Zoning Board Staff Report
Conditional Use Approval- Profiles in Concrete
Page 5
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The site is surrounded by MIC (Mixed Industrial and Commercial) zoning and I
(Industrial) zoning which incorporate industrial and non-conforming residential uses. To
the east of the property single-family residences exist. With respect to the proposed
industrial use, compatibility with adjacent industrial properties is not a concern. The
existing single family residences are located on industrially zoned property within the
heart of an industrial area and are surrounded by industrial uses. This development
proposal will provide a hedge with trees every 25' along the east property line abutting
the existing single family residences. However, it seems appropriate that the storage
area on the east side of the building, adjacent to the residential area be relocated, or
additional buffering be provided.
Based on the above, the proposed use will encourage the desired redevelopment in the
area and 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. The attached technical comments, which include the items
below, have been transmitted to the applicant and will need to be addressed with
revised plans.
Improvement Obligations:
Pursuant to Section 6.1.2(A)(2), when an unimproved local street is located on a
boundary of the project, the project is responsible for providing one-half of the
improvements unless the project requires greater participation, i.e. when a street is
required to carry the traffic from the project and when additional travel lanes are needed
to accommodate the traffic. If it is impractical to physically provide the improvements,
this obligation may be met by payment of cash funds equal to the current cost for
installation of such improvements.
Planning and Zoning Board Staff Report
Conditional Use Approval - Profiles in Concrete
Page 6
As the proposal includes the utilization of Lime Lane for access, the applicant is
required to improve Lime Lane from Poinsettia Drive to the north property line
(approximately 284 feet). The improvements are to include the roadway, swales and
sidewalks. With the full site plan submittal, engineering plans must be submitted for the
construction of Lime Lane in accordance with City standards, along with a certified cost
estimate prior to issuance of a building permit.
Royal Palm Boulevard borders the property for the length of the northern property line.
Although Royal Palm Boulevard is not going to be utilized for access to the site the
applicant will be required to contribute one-half of the cost of improving the road (for the
length of said property).
Right-of-Way Dedication
Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for both Poinsettia
Drive and Lime Lane is 60 feet and 50 feet is currently dedicated. Thus, this
development is responsible for dedication of an additional 5 feet of right-of-way for both
streets. However, pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reductions
in the required right-of-way width may be granted by the City Engineer upon a favorable
recommendation from the Development Services Management Group (DSMG) for
existing streets.
DSMG and the City Engineer have determined that the existing 50 feet of right-of-way is
adequate for both Poinsettia Drive and Lime Lane. Poinsettia Drive has been
constructed to its ultimate section within the existing right-of-way. The City has no plans
to modify/widen this street section, which would necessitate acquisition of additional
right-of-way. With this development proposal, Lime Lane will be constructed from
Poinsettia Drive to the property's north property line. There is adequate right-of-way to
construct the road to City standards.
With the creation of the Sunny Acres subdivision, adequate right-of-way was dedicated
for RoYal Palm Boulevard. Therefore, no additional right-of-way is required for this
road.
Sidewalks
Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along both
Poinsettia Drive and Lime Lane. Presently, there are no sidewalks along either street.
The property is located within a redevelopment area, which currently does not contain
any sidewalks. Pursuant to Section 6.1.3(D)(2), where it is clear that the sidewalk will
not serve its intended purpose, the requirement for installation of a sidewalk adjacent to
the property being developed may be waived during site plan or plat approval.
As no sidewalks exist along Lime Lane or Poinsettia Drive, it would be appropriate to
defer the installation of the sidewalk until such time that the sidewalks are installed
throughout the area. This item can be further addressed with the site plan.
Planning and Zoning Board Staff Report
Conditional Use Approval - Profiles in Concrete
Page 7
Parking:
Pursuant to Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly,
and attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq.ft, of floor
area devoted to such uses and I space per 1,000 sq.ft, of floor area devoted to storage
and warehouse. The proposed 25,600 sq.ft, building consists of 12,800 sq.ft, devoted
to office/manufacturing and 12,800 sq.ft., devoted to storage. Based upon the above,
52 parking spaces are required and 54 spaces are proposed. Thus, the parking
requirement has been met.
While the proposed sketch plan exceeds the parking requirement by two parking
spaces, minor reconfiguration could improve the layout. The parking spaces located in
front of the main entrance should incorporate some standard parking spaces rather than
being limited to compact spaces only. In addition, the two handicapped spaces located
in front of the main entrance should be situated closest to the main entrance walk, as
they are currently proposed at the east end of the parking bay. These items can be
addressed with the submission of the site plan application.
Dumpster:
The proposed dumpster is to be situated on the north side of the property to the rear of
the building. This is an appropriate location for the provision of a refuse area, however
the proposed dumpster seems to be inadequate in size for the type of use. A larger
dumpster could be accommodated in this area, if two parking spaces were deleted.
With the deletion of two parking spaces the proposal would still be able to meet the
parking requirement. This item can be addressed with the submission of the site plan
application.
Outdoor Storage:
The outdoor storage area is to be located on the northeast side of the property within
the interior side setback area. Pursuant to LDR Section 4.6.6(C)(2), outside storage
may not be placed in required setbacks. In addition, a single-family residence exists to
the east of the proposed storage area. The outdoor storage could be located in the
northeast corner of the property so as to not disturb the adjacent residential use. A 10'
landscape buffer needs to be provided to adequately screen the storage area, and the
type of base also needs to be indicated on the plans. These items can be better
addressed with the submission of the site plan application.
II
The development proposal is not located within a geographical area requiring review by
the CRA (Community Redevelopment Agency) or the DDA (Downtown Development
Authority).
Planning and Zoning Board Staff Report
Conditional Use Approval - Profiles in Concrete
Page 8
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, and
addressing the listed "Technical Items". Final action on the site plan modification
submittal will rest with the SPRAB (Site Plan Review and Appearance Board).
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.
Special Courtesy Notice:
There are no homeowner's or civic associations located in the vicinity of the proposal
requested nor any that requested notification of any proposals within this area.
The proposed conditional use for Profiles in Concrete is the establishment of a
business specializing in ornamental cast concrete/stone. The sketch plan submitted is
well planned and should be able to accommodate sufficient parking, outdoor storage
and refuse areas. 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 Profiles in
Concrete, 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 Profiles in Concrete,
based upon a failure to make positive findings with respect to Section 2.4.5(E)(5)
(Compatibility).
Planning and Zoning Board Staff Report
Conditional Use Approval - Profiles in Concrete
Page 9
Recommend approval of the request for Conditional Use to construct and establish a
business specializing in ornamental cast concrete/stone for Profiles in Concrete,
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:
1. That the site plan be in general conformity to the sketch plan and incorporate
recommendations made in this report.
Attachments:
· Location Map
· Sketch Plan
S:\Planning & Zoning\P & Z\profiles.doc
S,W- . 8TH ·
~ ~ DELRAY BEACH
i ~ '- MEMORIAL
OARDCNS
S.W. lOTH STREET
PARK ~N ~ ~
/~1 ~ ROYAL SW 11~H
PARK TEN ~
2ND ADD.
~ THE
LINTON GROVES
tEN TRE
MILFRED STREET /
RD
WALLACE SOUTHRIDGE
FORD VILLAGE
WALLA CE CONDO
NISSAN
LIN TON BOULEVARD
N
~ PROFILES IN CONCRETE, INC.
CITY OF DELRA¥ B£ACH, FL
PLANNING &: ZONING DEPARTMENT
-- DIGIfAL ~$£ 1dAP $Y~£1~ -- MAP REF: LM392
TO: DAVID T. HARDEN
CITY MANAGER
DIANE DOMINGUEZ, DIRECTOR~ /~-~
FROM: JA~II~T MEEKS, SENIOR PLANNER
',,./
SUBJECT: MEETING OF NOVEMBER 2, 1999
CONDITIONAL USE REQUEST TO ESTABLISH A DAY SPA AT 909 PALM
TRAIL WHICH IS LOCATED ON THE WEST SIDE OF PALM TRAIL,
APPROXIMATELY 200' NORTH OF GEORGE BUSH BOULEVARD.
I";: :': ;'; :';; ;':':; :';';';':'; ;';';':';'~'~:';':::':':':':': :':':':':~:':':':'~:':':::::::::::::::::::::::::::::':':':': :':':: :':: :': :: ~:":':':: :':': :: :: ::':':':':':':: :: :':':'~ :':':':': :'
A Conditional Use request is sought to establish a Day Spa for 90g Palm Trail within 12,500
sq.ft, of the existing 20,100 sq.ff, building. The Day Spa will provide such services as facials,
massage therapy, reflexology, hydrotherapy, manicures/pedicures, hair styling, makeup
consultation, etc. The second floor will accommodate medical uses, which are allowed as a
permitted use in the POD (Planned Office District) zone district. Additional background and an
analysis of the request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of October 18, 1999, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. One member from the public spoke on this item and
voiced concerns over traffic and the proposed use. 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 Day Spa for 909 Palm Trail, 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 a Class I site plan modification be processed which addresses the landscape
deficiencies as identified in the attached memorandum, and installed pdor to issuance of an
occupational license for the use.
2. That all employees performing services be licensed and certified.
~:~:~:~:~;::~:~:~:~:!~:!:!~:~:~:~:~:::~:~:~:~?~:~:::~:~::~:~:~:~:~::::~?~:!~ ..:,:.,:. ::.:.:,:,: ..?:.:,: ~--.-~? ~- · .: ...... .~ ..~ .:~;~, - , .. :~ .:~:~..~..~.:~::~:~:~:~. ....... ~;~
By motion, approve the Conditional Use request to establish a Day Spa for 909 Palm Trail
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 October 18, 1999
PLANNING AND ZONING BOARD
CiTY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 18, 1999
.' AGENDA ITEM: V.D.
ITEM: Conditional Use Request to Allow a Day Spa in an Existing Office
Complex, Located Between Palm Trail and N.E. 9th Avenue,
Approximately 170' North of George Bush Boulevard (909 Palm Trail).
GENE~L DATA:
Owner ........................................ Palm Trial Building Pa~nership
Agent ......................................... Mark L. Krall, Esq.
Applicant .................................... John & Nicole Valentino
Location ..................................... Located be~een Palm Trail and N.E. 9th Avenue, approximately
170' nodh of George Bush Boulevard (909 Palm Trail).
Prope~ Size ............................. 2.00 Acres
F.L.U.M Designation ................. Transitional
Curren~ Zoning .......................... POD (Professional Office District)
Adjacent Zoning ............... No~h: R-1-A (Single Family Residential) & RM (Multiple Family
Residential-Medium Densi~)
East: R-1-A & RM
South: GC (General Commercial)
West: RM & GC
Existing Land Use .................... Existing O~ce Complex
Proposed Land Use ................... Conditional Use Request to establish a day spa within an office
complex.
Water Se~ice ............................ Existing on site.
Sewer Se~ice ........................... Existing on site.
The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval to establish a "Day Spa" for 909 Palm Trail,
pursuant to LDR Section 2.4.5(E).
The subject property is located on the west side of Palm Trail, approximately 200' north
of George Bush Boulevard.
The subject property consists of Lots 4-9 and Lots 13-17, Block 5, Sophia Frey
Subdivision, and contains approximately 1.77 acres. The site is developed with a 2-
story office/medical building, parking and associated landscaping.
At its meeting of August 11, 1975, the City Commission granted site plan and
conditional use approval for a medical office building. At that time, the property had a
zoning designation of RM-15 (Multiple Family Dwelling District), which allowed
"professional offices" as a conditional use. Subsequent to that approval, the property
was rezoned to RM-10, which also allowed professional offices as a conditional use.
The parcel was zoned RM-10 until it was rezoned to POD (Professional Office District)
with the Citywide rezonings associated with the approval of the Land Development
Regulations in 1990. The POD zoning designation allows "professional offices and
medical offices" as permitted uses and cosmetologists as a conditional use. At the
Planning and Zoning Board meeting of October 11th a Determination of Similarity of Use
was processed and the Board determined that a "Day Spa" was similar to
cosmetologists, and the Conditional Use to establish a Day Spa is the request now
before the Board.
The conditional use request is to establish a Day Spa within 12,500 sq.ft, of the existing
20,100 sq.ft, building located at 909 Palm Trail. At this time the applicant is not
proposing any upgrades to the site.
'The applicant has submitted the following narrative, which describes the operation:
"Our objective for purchasing 909 Palm Trail is to create the first center for total
wellness in an upscale medical/day spa concept. A healing center where people can be
educated, empower and pamper themselves with treatments that will affect their overall
health. Our medical doctors will make every effort to uncover the true cause of an
illness/problem and teach preventive maintenance using the most natural treatments
available.
Planning and Zoning Board Staff Report
Conditional Use Approval- 909 Palm Trail
Page 2 I
All of our associates will be Board certified and licensed Physicians, Cosmetologist,
Therapist and Estheticians, consisting of a staff of approximately 30 people.
The first floor (approximately 12,500 sq. ft.) will be designated for spa services, which
consists of the following:
· Facials
· Massage Therapy
· Reflexology
· Hydrotherapy
· Body Treatments
· Manicures/Pedicures
· Hair Styling
· Makeup Consultation
The second floor (approximately 8,000 sq. ft.) will be designated for Medial Care/Offices,
which will consist of the following:
General Practice
· Dental
· Cardiology
· Nutrition
· Physical Therapy/Chiropractic
· Acupuncture
· Dermatology
Additional Services to Include:
· Prenatal Care/Therapy
· Yoga therapy
· Cancer Support/Recovery counseling
Our hours of operation will be from 10:00 a.m. to 7:00 p.m. Tuesday through Sunday.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
Planning and Zoning Board Staff Report
Conditional Use Approval - 909 Palm Trail
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 TRN (Transitional) and
a zoning designation of POD (Planned Office District). The zoning district is consistent
with the TRN Future Land Use Map designation and Cosmetologists e.g. Day Spa is
listed as a Conditional Use in the POD district [LDR Section 4.4.16 (D)(6)].
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.
The development proposal is to establish a Day Spa within an existing building that
contains professional and medical offices. As the proposed use is similar to the existing
medical and office uses, there should be little or no change in the Level of Service
standards as it relates to Traffic, Water and Sewer, Parks and Recreation, Drainage,
and Solid Waste. Based upon the above, a positive finding with respect to concurrency
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 policies were found.
SECTION 2,4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered to the north by R-1-A and RM zoning; to the west,
across NE 9th Avenue, by RM zoning; to the south, by GC (General Commercial)
zoning; and to the east across Palm Trail, by RM zoning.
Planning and Zoning Board Staff Report
Conditional Use Approval- 909 Palm Trail
Page 4
The existing land uses are: to the north, duplexes and single family dwellings; to the
east, multiple family dwellings; to the south, by general retail, office and restaurant uses
(Palm Trail Plaza), and to the west by single family dwellings.
There are no compatibility concerns associated with the establishment of a day spa at
this location as the use is similar to existing medical and office uses. Further, there are
no concerns with the adjacent commercial development to the south. The clientele of
the Day Spa may utilize the shops and restaurant located in the Palm Trail Plaza which
may have a positive effect on the surrounding area and encourage the development or
redevelopment of nearby properties.
In the narrative, one of the uses listed is "body treatments" which is vague. Clarification
of this use must be provided and has been attached as a condition of approval.
COMPLIANCE WiTH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a survey was submitted. Based
upon staff's review of the survey and site inspections, the following concern has
been identified.
LDR Chapter 4.6.16 Landscaping: The site is deficient in meeting current landscape
code requirements and some of the landscape material is in poor condition. This gives
the site/building a somewhat blighted appearance. If the Conditional Use is approved, a
condition should be that a landscape plan be provided which addresses the deficiencies
as outlined in the attached memo from the City Horticulturalist and processed as a
Class I site plan modification.
II
Il
The development proposal is not located within a geographical area requiring review by
the DDA (Downtown Development Authority) or the CRA (Community Redevelopment
Agency.
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 the following homeowner's associations, which
have requested notice of developments in their areas:
· Palm Trail Homeowners Association
· La Hacienda Homeowners Association
Planning and Zoning Board Staff Report
Conditional Use Approval - 909 Palm Trail
Page 5
· President's Council
· PROD
II :~ ASSESSMENT A: .,, ....: ~ ~, k: ...... J
N D';C'O N'C!E:U S ! O N~i;: :, .: !: ;ii':~ . :':'1
The proposed conditional use for the establishment of a Day Spa for 909 Palm Trail.
There are no compatibility concerns noted with the proposed use, as it is similar to the
existing uses in the building. A Class I site plan modification will need to be processed
to address the landscape deficiencies which shall be installed prior to the issuance of an
occupational license for the use. 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 the
establishment of a Day Spa for 909 Palm Trail, 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 the establishment of a
Day Spa for 909 Palm Trail 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 for the establishment of a Day
Spa for 900 Palm Trail based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5([)(5) of the Land Development
Regulations, and the policies of the Comprehensive Plan subject to the following
',conditions:
1. That a Class I site plan modification be processed which addresses the landscape
deficiencies as identified in the attached memorandum, and installed prior to
issuance of an occupational license for the use.
2. That a definition of "Body Treatments" be provided.
Attachments: Sketch Plan, Memorandum from the City Horticulturalist
MEMORANDUM
To: Planning & Zoning Department
From Robert A. Kussner. Landscape Inspector
Via: Nancy Davila, Horticulturist
Re: 909 PALM TRAIL
Date: September 2, 1999
1. Per 4.6.16(E)(3) all landscaped areas shall be separated from vehicular use areas with
non-mountable, reinforced con,ere curbing of the type characterized as "Type D" in
the current edition of the "Roa,Sway and Traffic Design Standards" Manuel prepared
by the State of Florida Department of Transportation.
2. Per 4.6.16(G)(1) all prohibited plant species shall be eradicated from the development
site and re-establishment of prohibited species shall not be permitted. Remove all
Brazilian Pepper from the weed enclosure located On the north side of the site and all
other places where it is found
3. Per 4.6.16(H)(3)(a) one (1) skf, de tree is required for every twenty-five (25) linear
feet or fraction thereof along the perimeter landscape buffer that separates the
vehicular use area from the adjacent right-of-way (east side). A tree is missing at the
northeast corner of the site.
4. Per 4.6.16(H)(3) one (1) tree is required for every thirty (30) feet or fraction thereof
(25 feet if adjacent to residen~al use) along the landscape buffer that separates the
vehicular use area from abutting properties. Several trees are missing along the south
and north sides of the site.
5. Per 4.6.16(H)(3)(I) one shade wee or equivalent number of palm trees shall be planted
in every interior landscape island. At least one island is missing a tree.
6. Per 100.07 (A&B) of the Ci~- of Delray Beach Code of Ordinances, all non-paved
areas of the site shall be provided with sod or appropriate ground cover. There is
nothing planted in the interior landscape islands. Ground cover would be preferred
over sod in these areas. Sod skall be placed in all areas throughout the site, including
rights-of-way, where grass has died or is weed infested.
909 Pnlm Trail
.~eplember 2, 1999
7. Per 4.6.16(H)(4)(d) foundation landscaping shall be provided for building elevations
that are visible from adjacent rights-of-way. The foundation planting is weak along
the east elevation. Trees are planted too close to the building (causing maintenance
problems) along the west side of the building along with too much Ficus hedging.
The applicant shall upgrade the foundation planting by removal of the large trees and
installation of new vertical landscape elements such as Alexander Palms, as well as
various shrubs and ground covers to replace the overabundance of Ficus shrubs.
8. Per 4.6.16(H)(4)(b) provide sod and irrigation within the right-of-way between the
property line and the edge of pavement of the adjacent travel lane (east side). The
applicant shall remove the excess asphalt in the right-of-way and extend the irrigation
and sod into that area.
1 ~:\ku.~sner\wwd at a\909pa Im.do¢
[ITY OF DELI:II:IV BEI:IEH
CiTY ATTORNEY'S OFFICE ~°° ~ TM ^'~"~' ~'~^~"' ~o,,~^ ~
Writer's Direct Line: (561) 243-7~
D[tRAY B~ACH
,:l[,~,lll, ~T[: October29, 1999
993
TO: Ci~ Co~ission
FROM: Jay T. Jambeck, Assismm Ci~ A~ome~
SUBJECT: Lice~e Agreement wi~ C~is Eve~ Ch~ities~ Inc.
Attached is a license agreement that, if approved, would allow Chris Evert
Charities, Inc. (Charities) to utilize the Tennis Center for a two-day pro-celebrity Tennis
Classic to be held on December 11 and 12, 1999. The City will make a contribution to
Charities in the amount of $25,000 for the right to hold the event.
Please place this item on the agenda for the November 2, 1999 City Commission
meeting. If you have any questions, do not hesitate to contact me.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Becky O'Connor, Treasurer
AGREEMENT
THIS AGREEMENT, made and entered into this~ day of ,
1999 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation
(hereinafter referred to as "City"), and CHRIS EVERT CHARITIES, INC., (hereinafter
referred to as "Charities" ).
WITNESSETH:
WHEREAS, the CITY owns and controls certain property upon which is located the
City of Delray Beach Municipal Tennis Center; and,
WHEREAS, CHARITIES, is desirous of using the Municipal Tennis Center for the
purpose of holding a sporting event to be known as the Chris Evert Pro-Celebrity Tennis
Classic (" Classic") at the Tennis Center; and,
WHEREAS, the CITY believes that holding the Chris Evert Pro-Celebrity Tennis
Classic at the Municipal Tennis Center (the Site) will grant the citizenry of Delray Beach many
tangible and intangible benefits; and,
WHEREAS, the CITY and CHARITIES entered into a one year license agreement
dated August 11, 1998 which has subsequently expired; and
WHEREAS, CHARITIES understands that Coca-Cola Enterprises, Inc. (Coca-Cola)
has exclusive pouring rights at the Tennis Center and CHARITIES shall not enter into any
agreements that would be counter to Coca-Cola's pouring rights in the City unless otherwise
agreed to by CITY, Coca-Cola Enterprises, Inc. and CHARITIES.
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
1. LICENSE; TERM.
The CITY hereby grants to CHARITIES for December 11 and 12, 1999, the right and
privilege to stage, use, manage and operate the municipal tennis stadium and necessary
surrounding property for a two Day Classic. CHARITIES' rights shall cover an additional
five (5) day period before the commencement of the Classic to set up necessary facilities and
an additional day after the Classic to remove necessary facilities.
2. LICENSE AGREEMENT ONLY.
This agreement between the CITY and CHARITIES is a license agreement, not a
lease or purchase agreement, and should be construed by a court of competent jurisdiction to
be a license agreement only. Furthermore, this License Agreement does not grant nor is
CHARITIES receiving hereunder any rights to any real property of the CITY nor any
property interests except as set forth in this agreement.
3. FACILITIES AND SERVICES PROVIDED BY CITY.
(a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to
provide, at no charge to CHARITIES the following facilities and production assistance in
connection with the conduct of and staging of the Classic:
(i) use of a 4,000 seat stadium clay court and three (3) practice courts
throughout the Classic (the "Courts");
(ii) use of a mutually agreed upon number of courtside boxes and skyboxes;
(iii) preparation and maintenance of the Courts throughout the Classic;
(iv) television tower and platform and all necessary electricity to provide
power to the tower and platform throughout the Classic;
(v) a public address system;
(vi) nets, net posts, single sticks, an umpire's chair, linepersons chairs,
skirted tables, end and side line buntings, and numbered seating;
(vii) parking for boxholders, players, sponsors, ticketholders, press, staff,
and volunteers (CHARITIES to implement, manage and staff parking,
including reserved areas);
(viii) all electrical power and one on-site electrician (all costs and expenses are
CITY'S responsibility) for the duration of the Classic (hook-ups not
included);
2
(ix) adequate space for and operation of concessions, retail booths, etc.
(CHARITIES shall place and operate the concessions and retain all
revenues from its concessions and retail booths);
(x) restroom facilities and supplies;
(xi) additional courts for pro-am, clinics, etc., as mutually agreed;
(xii) the use of areas for celebrities, press, press interview, tournament staff,
volunteers, ballkids, officials, ticket office, and VIP hospitality and the
use of locker rooms, as mutually agreed. Areas should include tables,
chairs, furniture and air conditioning, as mutually agreed;
(xiii) on and off-site directional signage;
(xiv) all necessary permits;
(xv) adequate assistance with on-site security including security for the
celebrities, ticket office, and press area;
(xvi) adequate police, fire support and traffic control;
(xvii) teaching professionals to assist with tennis pro-ams held in connection
with the Classic;
(xviii) mutually agreed upon marketing and sponsorship support of the Classic;
and
(xix) access to utilities to include but not be limited to water/sewer,
electric/lighting;
(xx) reasonable use of the gymnasium at the Community Center, including
floor cover as provided by the Community Center; and
(xxi) handling ticket and box office sales through Ticketmaster.
(b) During the term of this Agreement (defined below) CITY agrees to make a
contribution to CHARITIES in the following amounts with respect to each Classic:
(i) Year Contribution Amount Due Due Date
1999 US$25,000 $12,500 Upon the Execution and
Delivery of this Agreement
$12,500 December 15, 1999
3
(ii) CHARITIES will contribute (US$20,000.00) to the Drug Abuse
Foundation of Palm Beach County, Inc.
(iii) If CHARITIES fails to hold the Classic in any year, CHARITIES will
refund to the CITY its contributions.
4. STAGING AND PRODUCTION OF CLASSIC.
The organization, staging, and conduct of each Classic will be the responsibility of
CHARITIES, which responsibilities shall include the following:
(a) handling ticket and box office sales that do not utilize Ticketmaster;
(b) Obtaining a Classic Director, all personnel involved in each Classic, and the
Classic participams;
(c) Administering the entire Classic;
(d) Setting up each Classic on-site and handling all on-court activities of the
Classic;
(e) Soliciting sponsorship sales and television rights sales for each Classic;
(f) Handling promotions, advertising, sales, public relations, and program
production for each Classic;
(g) Liaising with the charity beneficiaries selected by CHARITIES for each
Classic;
(h) CHARITIES shall be responsible for site clean-up of restrooms and for garbage
pick-up;
(i) CHARITIES is responsible for covering courts as set forth in Paragraph 7 if
VIP tents are to be set up or if needed to cover courts used for contents; and
(j) CHARITIES shall pay for all dumpsters needed for the event; and
(k) CHARITIES shall pay for all expenses relating to phone usage by
CHARITIES, including, but not limited to, hook-up, dial tone, and usage charges.
4
5. ACKNOWLEDGMENT BENEFITS.
In acknowledgment of the services provided by the CITY in Paragraph 3 hereof,
CHARITIES agrees that CITY will have the following acknowledgment rights in relation to
the Classic, subject to the provisions of this Agreement:
(a) Recognition of Tennis Center as the Host Site of the Classic;
(b) Inclusion of CITY'S name and/or logo in all print, radio, and television
advertising created by CHARITIES to promote the Classic;
(c) Inclusion of CITY'S name on the front cover of all promotional materials
created and distributed by CHARITIES;
(d) Inclusion of CITY'S name in all press materials;
(e) One (1) full-page promotional acknowledgment in the Official Classic Program
(CITY to provide camera-ready copy in advance of publication deadlines) and
listing on the program cover;
(f) Audio and graphic mentions during the telecast and best efforts to create
overview shots of Delray Beach in the opening of the broadcast;
(g) Eight (8) box seats and ten (10) tickets per session;
(h) Thirty-Two (32) invitations to the Chris Evert cocktail reception;
(i) Four (4) seats at the Chris Evert Black-Tie Gala;
(3) Two (2) center court banners (to be provided by CITY at its sole expense and
subject to the prior approval of CHARITIES);
(k) Use of booth space on-site for promotional purposes (with all material subject to
the prior approval of CHARITIES);
(1) Special ticket offer for members of the Tennis Center to attend the Classic;
(m) Participation of CITY in press conferences for the Classic; and
(n) Participation in center court awards ceremony.
6. CLASSIC EXPENSES AND REVENUES.
(a) Subject to Section 43 hereof, CHARITIES shall be responsible for collecting
all revenues generated by, and paying all expenses incurred for, the Classic, except for those
expenses associated with CITY'S obligations set forth herein.
(b) CITY acknowledges that CHARITIES will not pay CITY for any expense
incurred by CITY in conjunction with the Classic unless CITY has submitted a written
estimate of such expense to CHARITIES and obtained written approval from CHARITIES of
such expense in advance.
7. INSTALLATION OF FLOORING.
The CITY shall provide, at CHARITIES' option, up to 10,000 square feet of
temporary flooring for the Classic. CHARITIES shall be responsible for paying all costs up
to and not to exceed three thousand five hundred dollars (US$3,500) for installation of the
initial 10,000 square feet of flooring. The CITY shall be responsible for the actual installation
of the floor. If more than 10,000 square feet of flooring is required by CHARITIES, then
CHARITIES shall pay all costs involved in obtaining such additional flooring and for all costs
of installation of the additional flooring.
8. OFFICE SPACE.
The CITY shall provide to CHARITIES office space in the community center and
reasonable use of the board room and ticket window section of the ticket office at a date
beginning upon the Monday preceding the Event and ending one day after the completion of
the event. The exact space to be use by CHARITIES shall be determined as mutually agreed
upon by the parties. In the event the parties cannot mutually agree upon a space, the CITY
shall have the sole discretion to determine the space to be used by CHARITIES. Upon
vacating the office space, CHARITIES shall leave the space utilized in a condition equal to
that which existed on the date CHARITIES occupied the space, ordinary wear and use thereof
only excepted.
6
9. FORCE MAJEURE.
If CHARITIES or the CITY is prevented from or interfered with in any manner
whatsoever in fully performing its agreements (including its ability to conduct the Classic(s))
hereunder, for any reason beyond its reasonable control such as any law, regulation, act of
God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of
a common carrier (the foregoing all being examples of an "event of force majeure"), then
CHARITIES' and the CITY'S obligations hereunder will be suspended as often as any such
event of force majeure occurs and during such occurrences, CHARITIES' and CITY'S
nonperformance will not be deemed a breach of this Agreement
10. AUTHORIZED AGENT.
CHARITIES hereby designates International Merchandising Corporation, 1730 Walton
Road, Suite 300, Blue Bell, Pennsylvania 19422, Attn: Barbara Perry, as CHARITIES'
authorized agent for all purposes hereunder. All notices or submissions to be made or
delivered by CITY to CHARITIES pursuant to this Agreement shall be delivered to said
address free of all charges, such as, for example, shipping charges and customs charges.
11. TAXES.
CHARITIES shall be liable for any and all taxes which are or may be imposed as a
result of this agreement. Taxes shall be paid to the appropriate authority and including, but
not limited to, sales and use tax.
12. PROOF OF INSURANCE.
CHARITIES shall provide the CITY with proof of insurance being in force. The type
and quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof
of such insurance shall be due by 30 days prior to the first day of the event. The insurance
shall name the CITY and its designee as additional insured.
13. FINANCIAL RESPONSIBILITY.
CHARITIES agrees, subject to the provisions of this Agreement, to accept all
financial responsibilities for the Classic including, but not limited to, all accounting and
reporting as may be required by law. CHARITIES further agrees to accept sole responsibility
for any financial commitments or obligations it incurs as a result of the Classic, and which are
not provided for in this Agreement.
14. OTHER SERVICES AND SUPPLIES.
CHARITIES further agrees that all services and supplies not specifically identified
herein shall be provided by or through CHARITIES.
15. CONCESSION RIGHTS OF CHARITIES.
CHARITIES may sell food, beverages, confections, refreshments and novelties or
may, subject to approval by CITY, contract with another to provide such service except that
CHARITIES will not offer for sale items that are prohibited by the CITY'S agreement with
Coca-Cola of Florida (attached hereto as Exhibit "B"), unless otherwise agreed to in writing
by CITY, Coca-Cola Enterprises, Inc. and CHARITIES.
In providing the concession service, CHARITIES or any person, firm, or corporation
with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall
comply with the following provisions provided, however, that CHARITIES shall remain
ultimately responsible to CITY for all obligations required of the concessionaire:
a. Concessionaire shall, prior to commencing any activities, obtain any and
all permits and licenses that may be required in connection with the operation of this
concession.
b. All food, drinks, beverages, confections, refreshments, etc. sold or kept
for sale shall be first class and quality, in accordance with the Department of Health
requirements, shall conform to all federal, state, county, and municipal laws,
ordinances and regulations in all respects.
8
c. Concessionaire may have the option to sell alcoholic beverages at the
Tennis Center. Sale of alcoholic beverages must comply with all federal, state, county,
and municipal laws, ordinances and regulations and must be properly licensed by the
State of Florida.
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 affLxed to a building or structure or which appears to be so affixed or
annexed, regardless of whether it is capable of being removed.
e. The Concessionaire shall provide all maintenance, repair and service
required on all equipment used on the concession.
f. Concessionaire shall keep all fixtures, equipment and personal property,
whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so
by CITY. All state health laws and state health department regulations must be strictly
complied with. All janitorial services necessary in concession area shall be provided
by Concessionaire at Concessionaire's expense.
g. Concessionaire agrees to dispose of all refuse and garbage, in
compliance with all applicable laws, ordinances and health codes, at Concessionaire's
expense, and to keep outside container areas cleaned at all times.
h. If the concession is operated by a person, firm or corporation other than
CHARITIES, such person, firm, or corporation shall at all times maintain workers'
compensation insurance coverage for all employees which it employs within the areas
and facilities covered by this Agreement, together with the policy or policies of public
liability and products liability insurance and provides limits of at least One Million
($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability
insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire
legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such
policies shall provide that they will not be cancelled or amended without at least ten
9
(10) days written notice to the Risk Manager of CITY and shall name CITY, its
officers, agents and employees as additional insured.
16. ACCEPTANCE OF TOURNAMENT SITE.
(a) Prior to the Classic, CHARITIES may inspect and examine the Site to
determine that said Site is in adequate and satisfactory condition for the uses contemplated.
CHARITIES assumes full responsibility and liability for all damages, losses and liability
caused by conditions on the Site, which arise once it commences use and occupancy of the
Site, and which conditions are caused by or result from the actions of or failure to act by
CHARITIES, its employees, agents or representatives, or by the actions of or failure to act by
exhibitors, independent contractors, workers or invitees of CHARITIES while on the Site.
CHARITIES indemnifies, defends and holds CITY harmless for any such claims unless such
damage, loss or liability was caused by conditions on the Site which are inherent in the
structures involved, or the direct result of CITY'S (including its employees and agents),
negligence or misconduct.
(b) CITY shall not be responsible for any damage or injury to, or personal
conduct, safety and welfare of CHARITIES, its employees, agents or representatives, or
exhibitors, independent contractors, workers, and invitees while on the premises and
CHARITIES expressly indemnifies, holds harmless and releases CITY from any and all such
claims, damages, losses or liability associated therewith, unless such claim, damage, or
liability is the result of CITY'S (including employees and agents) negligence or misconduct.
17. REPAIR~ REPLACEMENT AND MAINTENANCE.
CHARITIES shall pay all costs for cleanup, repair and replacement and all damages of
whatever origin or nature, for which it is responsible, ordinary wear and use thereof only
excepted, which may occur during the term of this Agreement in order to restore the Site to a
condition equal to the condition at the time CHARITIES occupies the Site.
CHARITIES shall be responsible for clean-up of the Site during and after the Classic.
If at any time CITY determines that the clean-up services provided by CHARITIES are not
adequate or that said services endanger public health and safety, CITY shall notify
10
CHARITIES in writing and if CHARITIES fails to clean up after receipt of written
notification, CITY may provide these services. CHARITIES shall reimburse CITY for the
costs of providing these services and for the actual costs of any supplies.
18. TICKET SALES.
All tickets for admission shall contain language approved by CHARITIES and CITY
establishing that the tickets create a revocable license. Prior to the sale of any admission
ticket, CHARITIES shall provide City Manager or his designee with the established selling
price of each type and kind of ticket for his review and approval.
19. ADVERTISING MATTER.
(a) CHARITIES agrees, subject to its rights, if any, under any applicable License
Agreements, to identify the City of Delray Beach as the site of the Classic in all publications,
advertising and any electronic broadcast, and to permit CITY to use CHARITIES' trademark
or any trademark authorized to be used by CHARITIES, and CITY agrees to permit
CHARITIES to use the CITY'S name and logo and trademark during the term of this
Agreement solely in the connection with the Classic. CITY agrees that promotional material
created by CITY with regard to the Classic is subject to the approval of CHARITIES.
CHARITIES agrees that any material submitted by CITY will not be unreasonably
disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the
disapproval.
(b) All printed material and advertising matter to be used prior to or at the Classic
which include the name City of Delray Beach or its official seal shall be submitted to the City
Manager or his designee for his approval at least two (2) days prior to the proposed use of the
same. Approval shall not be unreasonably withheld by the City Manager or his designee.
CITY agrees that it shall always use the official name of the Classic as designated by
CHARITIES and no other name when making reference to the Classic in CITY'S
promotional materials.
11
(c) If CHARITIES is able to secure television coverage for the Classic,
CHARITIES shall ensure that any such television coverage of the Classic shall specifically
mention the CITY as the host in the opening of each and every broadcast. CHARITIES will
provide CITY with an overview of the City of Delray Beach.
(d) CITY or its designee, at the request of CHARITIES, shall temporarily cover
advertisements, corporate logos or trademarks that appear throughout the Tennis Center, at its
sole expense.
20. EVENT PERSONNEL AND EQUIPMENT.
CHARITIES shall provide all personnel needed for the Classic, including, but not
limited to, ticket sellers, ticket ~kers, ushers, sound technicians and stage hands except as
otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement.
21. POLICE AND EMERGENCY PERSONNEL.
CHARITIES agrees to make arrangements with the CITY Police Department to
provide for CITY police personnel which the CITY determines, in its sole discretion, is
necessary for the Classic. Also, CHARITIES shall contact the CITY Fire Deparunent to
make arrangements for Emergency Medical Technician personnel to be present at the Classic.
22. CITY'S RIGHT TO CONTROL PREMISES.
CITY at all times reserves the right to eject or cause to be ejected from the premises
any person or persons violating or to keep persons from violating any of the rules or
regulations of the Tennis Center or any city, county, state or federal laws, and neither CITY
nor of any its officers, agents or employees shall be liable in any manner to CHARITIES or
its officers, agents or employees for any damages which may be sustained by CHARITIES
through the exercise of this right by CITY.
12
23. ALCOHOLIC BEVERAGE LICENSE.
In the event an alcoholic beverage license is required, CHARITIES or its agents shall
apply for and obtain a temporary alcoholic beverage license from the State of Florida
Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for the
sale of alcoholic beverages at the Site for the Classic. CHARITIES shall display said license
in a conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages.
CHARITIES shall be solely responsible for timely reporting and remitting the appropriate
retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic
Beverages and Tobacco. CHARITIES shall strictly comply with all rules and regulations
established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and
any other applicable statutory and regulatory regulations.
24. VACATION OF CLASSIC SITE.
CHARITIES agrees to vacate the licensed Classic Site no later than one (1) day after
the completion of the Classic; to leave said Classic Site in a condition equal to that at the
commencement date CHARITIES occupies the Classic Site each year, ordinary wear and use
thereof only excepted, and that CHARITIES shall remove from the Classic Site within five
(5) days following the closing of the Classic, all material and equipment owned by
CHARITIES.
25. NON-DISCRIMINATION.
A. That CHARITIES for itself, its personal representatives, successors in interest,
assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby
covenant and agree that:
1. No person on the ground of race, color, national origin, age, or sex shall
be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under such
land and the furnishing of services thereon, no person on the ground of
13
race, color, national origin, age, or sex shall be excluded from participa-
tion in, be denied the benefits of, or otherwise be subject to
discrimination.
3. That CHARITIES shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal
Regulations, Article 80, Non-discrimination under programs receiving
Federal Assistance through the Department of Health, Education and
Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and
as said Regulations may be amended.
B. That in the event of a proven breach of any of the above non-discrimination
covenants, the CITY shall have the right to terminate the license and to take possession of said
facilities and hold the same as if said license had never been made or issued. This provision
shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80,
are followed and completed including exercise or expiration of appeal rights.
C. CHARITIES shall not discriminate against any employee or applicant for
employment to be employed in the performance of the contract with respect to hiring, tenure,
terms, conditions or privileges of employment, or any matter directly or indirectly related to
employment because of age, sex, physical handicap (except where based on a bona fide
occupational qualification); or because of marital status, race, color, religion, national origin
or ancestry.
26. CHANGE IN LAW.
During the term, the CITY reserves the right to restate and/or renegotiate with
CHARITIES such additions, deletions or changes to the license as may be necessitated by
changes in county, state or federal laws relating to the operation of the downtown site. In the
event that the CITY and CHARITIES are unable to reach a mutual agreement on any such
addition, deletion or change, that portion of the contract concerning the services involved in
the addition, deletion or change shall be terminated or eliminated.
14
27. CANCELLATION BY CITY.
The occurrence of any of the following cause this Agreement to be automatically
terminated:
A. Institution of proceedings in voluntary bankruptcy by CHARITIES.
B. Institution of proceedings in involuntary bankruptcy against CHARITIES if
such proceedings lead to adjudication of bankruptcy and the CHARITIES fails within ninety
(90) days to have such adjudication reversed.
The CITY shall have the right, after fourteen (14) calendar days written notice sent by
registered or certified mail to CHARITIES specifying the amount of payment(s) in default, to
terminate this Agreement whenever the non-payment of any sum or sums due hereunder
continues for a period of ten (10) calendar days after the due date for such payments;
provided, however, that such termination shall not be effective if CHARITIES makes the
required payment(s) during the fourteen (14) calendar day period following receipt of the
written notice.
28. DEFAULT BY CHARITIES.
The CITY may terminate this Agreement for cause upon CHARITIES' failure to
perform any of the terms and conditions of this Agreement and such failure in performance not
remedied by CHARITIES within thirty (30) days after receiving notice in writing of such
default or in cases where remedial measures may take longer than thirty (30) days, satisfactory
remedial action must begin and be consistently undertaken within thirty (30) days after
receiving notice in writing stating the nature of the failure of performance and the CITY'S
intention to terminate if not corrected and which remedial measures must be completed within
a reasonable time set forth in the notice from the CITY.
29. DEFAULT BY CITY.
CHARITIES may terminate this Agreement for cause upon CITY'S failure to perform
any of the terms and conditions of this Agreement if such failure in performance was not
remedied by CITY within thirty (30) days after receiving notice in writing of such default, or
in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial
15
action must begin and be consistently undertaken within thirty (30) days after receiving notice
in writing stating the nature of the failure of performance and CHARITIES' intention to
terminate if not corrected and which remedial measures must be completed within a reasonable
time set forth in the notice from CHARITIES.
30. NOTICES.
Any notices submitted or required by this Agreement shall be sent by registered or
certified mail and addressed to the parties as follows:
To the City: David Harden, City Manager
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
To CHARITIES: International Mechandising Corporation
Re: Chris Evert Pro-Celebrity Tennis Classic
1730 Walton Road, Suite 300
Blue Bell, PA 19422
Attn: Barbara Perry
or to such other addresses as either party may designate in writing.
31. INTERPRETATION.
This Agreement constitutes the entire Agreement between the parties with respect to
subject matter hereof and supersedes all prior verbal or written agreements between the parties
with respect thereto. This Agreement may be amended only by written document, properly
authorized, executed and delivered by both parties hereto. This Agreement shall be
interpreted as a whole unit and section headings are for convenience only. All interpretations
shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute
waiver of any other breach. Invalidation of any portion of this Agreement shall not auto-
matically invalidate the entire Agreement.
32. INDEMNIFICATION.
(a) To the fullest extent permitted by laws and regulations, CHARITIES agrees to
indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin
16
& Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of
action, liens or judgments of any kind or nature whatsoever which may arise out of, in
connection with, or because of the use, maintenance, or operation of the licensed facilities,
including but not limited, to the exterior facilities and grounds, parking areas, pedestrian
walkways, vehicular paths and grassy areas, by CHARITIES or its officers, agents,
employees, or independent contractors, and invitees including but not limited to those resulting
from or arising out of (a) by any act done or words spoken by CHARITIES, its players,
agents or employees; (b) any damage done to the premises or any part thereof caused by the
act or omission of either CHARITIES or any player, agent or employee of CHARITIES: (c)
the breach by CHARITIES of any term of this Agreement; or (d) any breach or alleged
breach of any warranty or obligation undertaken by CHAR/TIES in this Agreement.
CHARITIES shall pay all claims, losses, liens, settlements or judgments of any nature
whatsoever in connection therewith, including but not limited to reasonable attorney's fees and
costs to defend all claims or suits, in the name of CITY when applicable.
(b) CHARITIES agrees to defend all actions to which this Paragraph 30 applies, in
the name of CITY provided, however, that CITY reserves the right to select its own legal
counsel to conduct any defense in any such proceeding which selection shall be reasonable
under the circumstances. All costs and fees associated therewith shall be the responsibility of
CHARITIES under this indemnification agreement.
(c) Such indemnification shall be limited to the amount of commercial general
liability insurance which CHARITIES is required to obtain under this License Agreement.
(d) Nothing contained herein is intended nor shall be construed to waive CITY'S
rights and immunities under the common law or Section 768.28, Florida Statutes, as amended
from time to time. The provisions of this Paragraph 30 shall survive the execution, delivery
and performance of this Agreement.
33. PERSONAL PROPERTY.
CITY assumes no responsibility whatsoever for any property placed on the Site by
CHARITIES, its agents, employees, representatives, independent contractors or invitees.
CITY is hereby expressly released and discharged from any and all liabilities for any loss,
17
injury or damage to such property that may be sustained by reason of the use and occupancy of
the Site under this Agreement, unless such damage, loss or liability is caused by CITY'S
(including employees and agents) negligent, reckless or intentional act(s). If any claim or
cause of action is brought against the CITY relating to personal property as contemplated by
this paragraph, and where such claim or cause of action is not founded on the negligent,
reckless or intentional action of the CITY (including employees and agents), then
CHARITIES shall defend any such action in the name of CITY provided, however, that
CITY reserves the right to select its own legal counsel to conduct any defense in any such pro-
ceeding which selection shall be reasonable under the circumstances. All costs and fees
associated therewith shall be the responsibility of CHARITIES under this agreement.
34. INDEPENDENT CONTRACTOR STATUS.
CHARITIES and its employees, volunteers and agents shall be and remain independent
contractors and not agents or employees of CITY with respect to all of the acts and services
performed by and under the terms of this Agreement or for any other reason whatsoever. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking or venture between the parties hereto.
35. WARRANTY.
Except as otherwise provided for herein, the CITY and CHARITIES represent that
they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill
the obligations hereunder without breaching the terms of any other agreement to which either
CHARITIES or CITY is a party.
36. ASSIGNMENT.
This Agreement shall bind and inure to the benefit of CHARITIES and the successors
and assigns of CHARITIES. The rights granted CHARITIES hereunder shall be exclusive to
it and shall not, without the prior written consent of CITY, be transferred or assigned to any
other.
18
37. RESERVATION OF RIGHTS.
All rights not herein specifically granted to CHARITIES with respect to the Classic
shall be and remain the property of CITY.
38. ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between CITY and CHARITIES in
respect to the subject matter of this Agreement and supersedes all prior agreements.
39. EXECUTION AND DELIVERY REQUIRED.
This instrument shall not be considered to be an agreement or contract, nor shall it
create any obligation, whatsoever, on the part of CHARITIES or CITY, or either of them,
unless and until it has been signed by representatives of CHARITIES and CITY and delivery
has been made of a fully-signed original.
40. CHARITIES' TAX-EXEMPT STATUS.
All activities and operations of CHARITIES will be consistent with an organization
which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code,
by virtue of being an organization described in Section 501(c)(3) of the Internal Revenue
Code. To conflict with CHARITIES' tax-exempt organization, such obligation is hereby
waived by CITY and shall not be binding upon CHARITIES. In the event any obligation to
CITY is waived on account of the foregoing sentence, suitable alternative arrangements,
consistent with CHARITIES' tax-exempt status, will be made so as to avoid any inequity to
CITY.
41. TItlRD PARTIES.
Nothing in this Agreement, whether express or implied, is intended to confer any rights
or remedies under or by reason of this Agreement upon any person other than the parties
hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor
19
is anything in this Agreement intended to relieve or discharge the obligation or liability of any
third persons to any party to this Agreement, nor shall any provision thereof give any third
person any right of subrogation or action over or against any party to this Agreement.
42. VENUE.
Any action brought to enforce the provisions of this Agreement shall be brought in a
court of competent jurisdiction in Palm Beach County, Florida.
43. TICKETMASTER.
(a) CITY agrees that it will provide the services of its facility and box office
through Ticketmaster only for those tickets elected by CHARITIES to utilize such services in
connection with the Classic. These services will be provided in a timely, professional and
diligent manner and in accordance with CHARITIES reasonable ticket specifications.
CHARITIES agrees that it will provide facility and box office services for those tickets for
which CHARITIES does not elect to utilize the services through Ticketmaster.
(b) In full payment for the ticket services, CHARITIES agrees to CITY imposing
a two and one half percent (2.5 %) charge against ticket proceeds where such proceeds are
generated through credit card sales and five cents ($.05) per ticket for ticket stock. CITY
acknowledges that no other amounts will be charged to CHARITIES (other than payment of
state sales tax) for ticketing for the Classic.
(c) CITY shall pay ninety percent (90 %) of all amounts due to CHARITIES upon
completion of the event. CITY shall pay the balance of the remaining ten percent (10%) to
CHARITIES within 60 days after the completion of the event, less amounts for which refunds
have been issued. If CHARITIES fails to hold the event as scheduled, CHARITIES shall be
responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation
or rescheduling, up to the face amount of the ticket price per ticket purchased and refunded.
44. APPROVALS. All approvals to be given by a party under this Agreement shall not
be unreasonably withheld or delayed.
20
IN WITNESS WHEREOF, the parties have caused this agreemem and one
counterpart, both of which shall constitute originals, to be executed by its proper officers
hereto duly authorized on the year and date first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
WITNESS:
CHRIS EVERT CHARITIES, INC.
By:
Name Printed:
Title:
(print or type name)
SEAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1999 by , of CHRIS EVERT
CHARITIES, INC., a corporation, on behalf of the corporation. He/She
is personally known to me/or has produced (as identification.
Signature of Notary Public
Evert 99.agt
21
Initials
EXHIBIT A
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH
FOR
AGREEMENT WITH CHRIS EVERT CHARITIES~ INC.
CHARITIES 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 Delray Beach 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. CHARITIES 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 insurers.
The insurance will be written on an occurrence basis with the limits of liability
not less than $2,000,000.00 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
CHARITIES' 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 certification 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.
CHARITIES shall furnish to the City, Certificate(s) of Insurance evidencing insurance
required by the provisions set forth above, thirty (30) days prior to the holding of the
event. If so requested by the City, certified copies of insurance policies will be provided
by the CHARITIES.
If any of the above coverages expire during the term of this agreement, CHARITIES 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. 1st Avenue, Delray Beach, Florida 33444.
Insuranccprov/agt
March 20, 1997
Ms. Jacldyn Rooney
Putchn~ing Supervisor
City of Dekay Beach
Purchasing Office
100 Nonhwes~ First Avenue
As per the request of the City of Delray Beach, the a~ched proposal fiom Florida Coca-Cola Bottling
Company is in reference to Bid #9?-l?-Sofl Drink Vending Service.
~ile all informaIion requested is aitached, additional information is provided in Addendum form for the
following areas:
Addendum "A" References "Specific names of soft drinks you can provide"
Attachment "A": Reference 'II. Products'
Addendum "B" Estimated Revenue (Current EquipmenO $10,311
Estimated Revenue (Incremental Equipmen0 2.160
$12,471
Addendum "C" Sponsorship - ATP/USTA Men's Challenger $25,000
Promotional Support $?1.000
S96,000
In addition to +,,he afonnentioned support, Bid Proposal includes value associated with Attachment "A"
Section VI:
Advertising Parks and Recreation Youth Activities $15,000
In mmmary, Bid Proposal fiom Florida Coca-Cola Bottling Company includes Revenue, Sponsorship,
Promotional Support and Youth Activities for the City of Delray Beach estimated at $123,471.00 annually,
dining the life of this contract.
Please feel free to call Jim Pannell or I with any questions regarding this bid proposal.
Sincerely,
Wffii~fi I. :/litchell, Jr. ' -
Director Ccld Drink
cc: Jim Pannell
JeffK~we
Jean '£erminiello
EXIilBIT "B"
Addendum A:
CARBONATED SOFT DRINKS
Coca-Cola classic Nestea Cool
Surge diet Nestea Cool
c/f Coca-Cola classic Ci~'a
diet Coke Mr. PiBB
c/rd/et Coke Mello Yello
cherry Coke $chweppes/Seagram's Club Soda
diet Cherry Coke Schweppes/Seagram's Tonic Water
Sprke Schweppes/Seagram's diet Tonic Water
diet SFrite Schweppes/Seagram' s (3ingerale
Fresca Minute Maid Orange
Tab Minute Maid Pineapple
Barq's Root Beer Minute Maid Strawberry
diet Barq's Root Beer Minute Maid Grape
Barq's French Vanilla Minute Maid Fruit Punch
diet Barq's French Vanilla
NON-CARBONATED BEVERAGES
ONESTEA ~)FRUITOPIA ~)MINUTE MAID
Lemon Fruit Integration Orange Juice
sweet/no Lemon Pink Lemonade Euphoria Fruit Punch
diet Lemon Strawberry Passion Awareness Apple Juice
(3rape Beyond Cranberry Apple Raspberry
Tangerine Wavelength
Mind over Mango
~}POWERaDE ~)NAYA WATER
Lemon-Lime
Mountain Blast
Fruit Punch
T'utni Burst
Orange
Jagged Ice
ADDENDUM B
21 Locations - Soft drinks/Juice Vending - 12oz Cans Only
OPTION I: Monthly Volume estimated at 495 cases
(2 Locations are new - No History)
Estimated Annual
,Commission
Mix - 80% SoR drinks (15% Net Sales) -' $ 7,935
20% Juice (12% Net Sales) 2,376
$10,311
OPTION 2: 21 Locations:
Added Brands: NAYA Water, POWERaDE, 20oz. Bottle Soft Drinks
Added Equipment: Community Center - 20oz Soft Drink
City Marina - Juice, Isotonic Water
Parks Maintenance - Isotonic, Water
City Hall - 20oz SoR Drink
City Garage - 20oz Soft Drink
Estimated Incremental Monthly Volume; 75 Cases
Mix - 80% Soft Drinks (15% Net Sales) -- 1,800
20% Juice, Water, Isotonics (12% Net Sales) ~. 360
Incremental Profit Potential: S 2~160
Addendum No. 1 to the contract documents, for the above named project, is
hereby declare4 a valid part, and revision to said documents. In the event
of conflict, the following addendum items will govern.
This Addendum is to clarify a few matters concerning the vending service
for the City which were discussed during the prebid meeting of March 12,
1997. The following items were requested for clarification:
1. Types of vending machine, juice or carbonated, listed in Attachment
"A", page 20 of bid document for the following locations:
#6. Police Department - I juice, and I carbonated beverage
#8.Fire Station Central - number of machines should be one (1} which
is carbonated beverages
#15.Tennis Center - 2 carbonated beverage machines, and I juice and
water machine
2. Section VI - Advertising
A. Parks and Recreation Youth Activities
Promotional Items:
Scoreboards;
The current scoreboards are the property of the City of Delray Beach.
Upon award of this contract, the current scoreboards could be replaced
or the panel with product name could be changed.
Snacks (afterschool program);
The 'snacks provided to the City for afterschool programs can be actual
products ~elivered and/or a cash basis to City.
Addendum #1 Cont .....
3. Section VIII. Commissions:
A past history was requested of actual revenues received by the City
for vending machines. This history is attached.
BIDDER SHALL ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY COMPLETING THE
APPROPRIATE SECTION BELOW AND SUBMITTING WITH YOUR BID PROPOSAL.
PURCHASING SUPERVISOR
ADDENDUM NO. 1
Authorized Signature:
Name& Title,
Name:
Company
Address:
CITY OF DELRAY BEACH
HISTORY OF VENDING REVENUE
FISCAL CANDY (11 SODA (1) TOTAL
YEAR 46% 54% VENDING
REVENUE
FY 96 7.811 9,170 16,981
FY 95 7,205 8,458 15,663
FY 94 6,951 8,159 15,110
FY 93 6,647 7,803 14,450
FY 92 7,133 8,374 15,507
*ESTIMATE OF PRO RATA SHARE BASED ON ACTUAL
REVENUES RECEIVED IN FY 96.
INVITATION TO BID
CITY OF DELRAY BEACH
PURCHASING OFFICE
100 NORTHWEST FIRST AVENUE
DELRAY BEACH, FLORIDA 33444
(407) 243-7163
BID NO. 97-17 DATE: March 0A, 1997
SOFT DRINK VENDING SERVICE - TERM CONTRACT
BIDS HUe! Bi ~E~EIYED ON O~ o[ro~[ Monday~ March 2&, 1997__ rnlO~ lo 2:00 P.M. at which
time ali bids viii be publicly opened afmd read.
INVITATION TO BID
This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions,
Specifications, Addenda and/or any pertinent document Form a part of this bid and by reference
are made a part thereof.
PIJRPOSE= It is the purpose and Intent of this Invitation to securo bids for Item(s) and/or
services as listed herein for the City of Delrny Beach. Florida, hereinafter called the CITY.
SF~4.ED BIDS= Sealed bids will be received.in the Purchasing OFFi(:e [mntll the date and time as
Indicated above. Bids will be opened publicly In City Ilall ~nd all bidders and general public
are Invited and encouraged to attend. All bids shall be submitted In sealed envelopes, mailed
or delivered to the City oW Balm'ay Beach, Purchasing OFfice, 100 Northwest First Avenue,
Oelrey Beach, Florida 33trill. O~tslde of envelope shall plninly identify bid by: BID NUMBER,
TITLE, ANd DATE OF ~IO OPENING. IL is the sole responsil)ilit¥ of the bidder to ensure that
his or her bid reaches the Pt,rcl,Asif,g OFri¢:e on or before the closing date and hour a~ shown
above. RETURN O~E COPY OF ALL BID SIIEETS. A~ty failure on the pnrt or the Supplier to comply
with the ensuing conditions and specifications shall be reason for termination oW contract.
CITY'S ACCt:PTAIICE: Unless otherwise specified herein, the bidde? viii allow a minimum of
sixty (60~ days from the last date for receiving of bids For acceptance of Its bid by the City
Manager and/or City Commission.
AtI/~D: The City reserves the right to waive minor variations to specifications, Informalities,
Irregularities and technicalities In any bids, to reject any and all bids In whole or In part
with or without cause and/or to accept bids that in its Judgemen~ will be for the best
Interest of the City, as further stated in paragraph 16 of General Conditions.
~HEI~ CONDITIONS, INSTi~CTIONS ~ i~RI~TION FOR BIDDERS
a. ~, to receive consideration, must be received prior to the specified time of
~ning as desi~a=ed in ~he ~nvi=a~ion.
b. ~less o~he~ise specified, bidders ~ST complete ali ~esttons and price blanks in
~e spaces provided in ~h~s Invi~a~ion To Bid. Failure ~o do so may cause you= b~d ~o
~ rejected. However, you ~y a~ach supplemental lnfo~a=ion.
c. Mds having any erasures o= correc~ions ~ST be ~ni~ialed by bidder in ink. Bids
~11 be signed ~n ink. ~1 prices shall be ~ewri~=en or filled ~n with pen and
d. ~1 bids ~ST be signed with ~he fi~ n~e and by an officer or employee having ~he
au~ori=y ~o bind ~he company o= fi~ by his/her signature.
Whene~ a bid ~s sol,cited seeking a source fo= a specified ~e for materials
se~t~s ~n =he ~an=i~ies or usage sho~, these ~an~i~es' are estimated only. No
guar~tee or warranty is given or ~plied by =he City of Delray Beach as ~o ~he ~o=al
~o~= ~ha= may or may no~ be purchased from any resulting con=facts. These quan=i~ies
are for bidders' info~a~ion only and will be used for ~abula=ion and presentation of bid.
3.
a. B~dder warrants by virtue of bidding ~ha= prices, ~erms, and conditions quo=ed in his
b~d will be fi~ fo= acceptance for a period of sixty (60) days from =he da~e of
~ening ~less otherwise s~a=ed by ~he City or bidder.
b. ~ces should be s=a~ed in units of quan=i~y specified in ~he bidding specifications.
~ case of discrepancy in computing =he ~oun= of ~he bid, ~he unit prices quo=ed
w~11 govern.
c. Consideration in awarding bids fo= te~ con=facts will be given firs= ~o bidder
offering fi~ prices subject ~o marker price reduction and second ~o bidder offering
fi~ prices fo= full con=fac= per~od. If a~ any ~ime during ~he period of
con~rac=, ~he C~y of Delray Beach ~s able ~o purchase ~he i~ems and/or services
prices less ~han our con=tact price, ~he successful bidder shall meet ~hese prices
~d in ~he even= of his failure ~o do so, ~he City of Delray Beach ~y nego~ia=e
a new contract on =he open ~rke~.
d. ~e City reserves ~he right ~o purchase ~=ems on s~a=e con~rac= ~f such ~ems can be
~ained on ~e same ~e~, condi~ions, specifica~ions and in ~he best' ~n~eres= of
e. Bidders ~y offer a cash discoun~ for p=omp~ pa~en~. However, such discounts will
~ be considered in dete~ining the lowest net cost for bid evaluation purposes.
~dders should reflect any dfscounts to be considered in the bid evaluation in the
~ft prices bid.
DE~:
a. ~1 ~te~ sha~l be delivered F.O.B. destination, and delivery costs and charges
~c~uded ~n the bid pr/ce. Faille to do so may be cause for rejection of bid.
b. T~e will be of the essence for any orders placed as a result of this bid. Purchaser
reserves the right to cancel such orders, or any part thereof, w~thout obliga~ion
delivery is no~ ~de a~ the time(s] specified on bid form.
If and whenever in the specifications a brand name, make~ name of any manufac=ure=, trade
name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade
or quality of material only. Since the City does not wish to rule out other competition
and equal brands or make, the phrase OR ~QUAL Is added. Bowever, if a produc= other than
that specified is bid, it is the vendor's responsibilt=y to name such product within his
bid and to prove to the City that such product is equal to that specified.
All materials used for =he manufacture or construction of any supplies, ma=erials,
equilmment covered by this bid shall be new. The i=ems bid must be new, the la=est model,
of ~he best quality, and highest grade workmanship.
Samples, when requested, must be furnished free of expense to =he City and if no= used in
tes=ing or destroyed, will upon request within thir=y (30) days of bid award be returned
at bidder's expense.
8. ACCEPTANCE:
The material delivered under this proposal shall remain the property of the seller until a
physical inspection and actual usage of this material and/or service is made and
thereafter accepted to the satisfaction of the City and must comply wi=h =he terms herein,
and be fully in accord with specifications and of the highest quality. ~n the even~ the
material and/or services supplied to the City is found to be defective o= does not conform
to specifications, the City reserves the rigat to cancel the order upon written not/ce
the seller and return product to seller at the seller's expense.
9. DEFAULT
In case of default by the bidder or contracts:, the City of De,ray Beach may procure the
article or services from other sources and hold the bidder or contrsc=or responsible for
any ~xcess cos=s occasioned or incurred thereby.
~0. COPYRXGHTS OR PATENT ~IGHTS:
Bidder warrants that there has been no violation of copyrights or patent rights in
manufacturing, producing, or selling ~Ae goods shipped or ordered as a result of =his
and seller agrees to hold the City harmless from any and all liability, ~oss, or expense
occasioned by any such violation.
11. O:~4~LLI%NCEN'&TN ~%~ETY
&.All equipment, machinery, e~ectrical appliances, cords and apparatus shall comply
with all' provisions of the Florida State Safety Standards.
b. Illlenever a bid is sought and services secured for any type of on-site construction
~be awarded bidder she1! remove from the work site at the end of each working day
rubbish, and waste debris resulting from his operations. The awarded bidder shall
also secure the work site before leaving a= the end of each working day.
tO~u~=~ER'S
The City of Delray Beach reserves the right to request from bidders separate manufacturer
certification of all statements made in the proposal.
SX~HEDBID ~8IDEI~D ~O~:
This si~ed bid shall be considered an offer on ~he pax~ of the bidder or con~rac~or,
which offer shall be deemed accepted upon approval by the City Manager and/or City
6n~4ssion of the City of Delray Beach and in case of default on the par= of the bidder
contractor after such acceptance, ~he Clt~ of Delray Beach may take such action as
de~ appropriate includin9 legal action fo= d~apes o= specific perfo~nce.
~TS: Hhere bidders ate =e~ized ~o perfo~ work on City s~ruc~ure(s) or property
b. ~SES~ If you are not l~censed to perfo~ work in the City of Dezlay Beach you
~ST obtain an Occupational License before a notice to proceed will be ~ssued.
BEST ~a~ln9 no less =hah A-, VII o= better. If you have' any ~es=~ons regarding
Ci~y*s Insurance and/o= Bond requirements, 91ease co~=ac= ~he Ci=~*s Risk Hanaqemen=
Office a= (407) 243-71~0. See paue(s) ~3 & ~A for Insurance Requi=emen~s. A
's~ple" cer=ifica~e has been
a. For purposes of evaluation, bidder mus~ indicate any vamiances from
specifica~ions and/or condi~ions, NO~R H~ SLIGHT. If va=ia~ions are no=
l~ =he proposal, i~ will be ass~ed ~ha= ~he produc~ or service fully complies wi~h
our specifica~ions.
b. ~y omissions of detail specifica~ions sca~ed herein =hat would tender
~tertal/servtce from use as specified will no[ relieve [he bidder from
responsibility.
The C~y of Delray Beach reserves ~he right ~o accept any Bid or co~ina[ion of Bid
a[=e~aces which, l~ ~he C~[y's Jud~en[ will bes[ serve [he CiEy's in[eres~, rejec[ any
and al1 Bids, [o waive any and all ~nfo~ali=~es and/or ~rregulari~ies, and [o negotiate
con~zac= ~erms w~=h ~he Successful Bidder, and ~he right ~o d~sregard ell nonconfo~inq,
aonresponsive, unbalanced or conditional Bids. The City reserves ~he right ~o rejec[ any
one or all B~ds, or any par~ of any Bid, ~o waive any ~nfo~al~[y ~n any B~d, and [o award
~e p~chase ~ ~he bes~ in[eras[ of ~he City. D~screpanctes in ~he mule/placation of
~its of Work and ~ prices w~11 be resolved ~n favor of ~he un~= price. D~scp~epanc~es
between [he i~d~cated s~ of any co1~ of figures and ~he correc[ s~ [hereof will be
resolved ~n favor of ~he cor=ec= s~.
The C~y of De/ray Beach ~s exempt from any Sales ~axe imposed by the Stale and/or Federal
Gover~en=. Exemption card,fica=es ce==if~ed on re,es=. S[a~e Sales Tax ExempLion
Certificate No. 60-08-116241-54C appears on each purchase order.
If you do no= bid, re=urn "S~a=emen= of No Bid Fo~" and state reason. O[herw~se, YO~
~ ~ ~ ~ ~ ~ ~L~G LIST.
~y t~e Bid Specifications diffez fzom the General Conditions, Bid Specifications and
Special Provisions ~ill pre,ail.
20.
~he CSty Nana~e~ =ay =ene~ the con~=ac~, at the s~e te~s, conditions, and pt~ces,
0~ consecutSve te~(s) of ~ee ~ea=(s) s~ect to vendo; acceptance, sa~sfac~o=y
petfo~nce and dete~na~on ~ha~ =ene~a~ ~ZZ be ~n ~he best ~ntetest of the
a. B~dde= certifies tha~ th~s b~d ~s ~de ~thout pt~o= understanding, a~tee=en~,
co, coCOon wi~h any corporation, fi~ or person s~Cting a bid for the same
~=erials, semites, supplies, or e~ipment and ~s In all respects fair and without
collusion or fraud.
b. No pre~s, rebates o~ gratui=ies pe~itted; either wi~h, prior ~o, or after any
delivery of material or provision of services. ~y such violation may result
contract cancellation, return of materials or discontinuation of services and the
poss~le r~oval from ~he vendor bid list(s).
22. ~I~ oF
a. Bidder declares and certifies ~hat no officer, employee or person whose salary
pay~le in whole oz part from the City of Delray Beach is direc:ly or
interested in this bid or in the supplies, mater/als, equipment or services to which
it relates oz in any portion of :he profits thereof; or
The award is subject to provisions of State Statutes and City Ordinances. All
bidders must disclose with their bid the name of any officer, d~rec=o= or agen: who
is also an employee of ~he City of Delray Beach. ~her, all bidders must disclose
the n~e of any City employee who owns, directly or indirectly, an interest of ten
percent (10) or more in the bidder's firm or any of it's branches.
23. N~-DIS~TION:
The Bidder shall no= discr~nate against employees or applicants for emplo~en~ because
of race, creed, color, religion, sex, age, handicapped status, disabili~ies, or national
origin. The Bidder will endeavor to ensure =hat applicants are employed and that
e~loyees are ~reated during emplo~en=, without regard to their race, creed, color,
religion, sex, age, handicapped status, disabilities, o= national origin. Such ac=ion
shall include but no= be ~ted ~o the following: emplo~en~, upgrading, demotion, or
transfer; recruitment adver:ising; layoff or :exmina~lon; ra~es of pay or o~her forms of
compensa%~on~ and se~eccion fo= ~a~ntng ~ncluding appren~lceship. The Bidder agrees ~o
posC in conspicuous places, available to employees and applicants for emplo~enC, nocices
sec:ing forth ~he provisions of ~his nondiscri~nacion clause. These provisions apply
· 11 s~con:rac:o=s and l: is the responsibil&Cy of :he s~con:rac:ors to be ~n compliance.
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
TH/S AGREEMENT made this ~ day of ~ , 19.~, by and between
Coca-Cola Enterprises Inc. d/b/a
the CITY OF DELRAY BEACH (hereinafter called CITY) and Florida Coca-Cola
Bo t t !ing Company (hereinafter called CONTRACTOR).
WITNESSETH:
The CITY and the CONTRACTOR in consideration of the mutual covenants
hereinafter set forth, agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined afl Contract documents, and will perform the contractual requirements pursuant to
ali covenants and conditions.
2. The CONTRACTOR, as evidenced by the execution of this Contract,
acknowledges that it has examined the physical characteristics of the job requirements. The
CONTRACTOR further acknowledges that the contract price includes all costs and expenses
required for the satisfactory completion of the contracts requ/rements. :
3. The contract between the CITY and the CONTRACTOR include the following )
documents which are attached hereto and incorporated herein by reference of the following: [.
CONTRACT DOCUMENT/S PAGE NUMBER/S
Invitation to Bid I thru 5
Standard Form of Agreement 6 thru 10
Corporate Acknowledgment 11
Certificate 12
/insurance Requirements 13
Sample Insurance Form 1/4
Drug Free Work Place Certification 15
Specifications 16 thru 19
Attachment "A" 20 thru 26
CONTRACT DOCUMENT/S PAGE NUMBER/S
Bid Signature Page 27
Statement of No Bid 28
References 29
Addenda numbers one to one , inclusive, and any Modifications, including
Change Orders, duly delivered after execution of this Agreement.
4. The term of this contract shall commence on the date indicated on the date
indicated on Page 6 of the bid documents.
5. This agreement shall be governed by the laws of the State of Florida as now and
hereafter ha force. The venue for actions arising out of this agreement shall be Palm Beach
County, Florida.
6. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses to:
As to City: City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
As to Contractor: Florida Coca-Cola Bottling Company
3350 Pembroke Road
Hollywood, Florida 33021
7. The CONTRACTOR shall not, without prior written consent of the CITY,
assign any portion of its interest under this contract and, specifically, the CONTRACTOR
shall not assign any moneys due or to become due without the prior written consent of the
CITY.
8. The CITY and the CONTRACTOR each binds himself, his partners,
successors, assigns and legal representatives to the other party hereto in respect to all
convenants, agreements and obligations contained in the contract documents.
9. Indemnification: The CITY agrees to pay to the CONTRACTOR the sum of
Ten Dollars ($10.00) and other good and valuable consideration as specified consideration for
the above-stated indemnification in accordance with the provisions of F.S.A. Section 725.06.
Furthermore, the CONTRACTOR acknowledges that the bid price includes the consideration
for the indemnification provision.
The CONTRACTOR shall indemnify, defend and save harmless the CITY, its
officer's agents, and employees, from or on account of any claims, damages, received or
sustained by any person or persons resulting from the work provided for this Project; or by or
in consequence of any negligence in connection with the same; or by use of any improper
materials or by or on account of any use of any improper materials or by or on account of any
act or omission of the said CONTRACTOR or his subcontractors, agents, servants or
employees. CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its
officers, agents and employees, against any liability arising from or based upon the violation
of any federal, state, county or city laws, by-laws, ordinances or regulations by the
CONTRACTOR, his subcontractors, agents, servants or employees.
CONTRACTOR further agrees to defend, indemnify and save harmless the CITY, its
officers, agents, or employees from all such claims, fees, and from any and all suits and
actions of every name and description that may be brought against the CITY or its officers,
agents or employees on account of any claims, fees, royalties, or costs for any invention or
8
patent, and from any and all suits and actions that may be brought against the CITY, its
officers, agents, or employees for the infringement of any and all patents or patent rights
claimed by any person, fm'n or corporation.
The indemnification provided above shall obligate the CONTRACTOR to defend at
his own expense or to provide for such defense, at the CITY'S option, any and all clam or
liability and all suits and actions of every name and description that may be brought against the
CITY, its officers, agents, or employees which may result from the operations and activities
under this contract whether the work be performed by the CONTRACTOR, his subcontractor
or by anyone directly or indirectly employed by either. This inderanification includes all costs
and fees including attorney's fees and costs at trial and appellate levels.
10. It is recognized by the CONTRACTOR that the City's municipal tennis center
has been financed with proceeds of tax exempt debt and may be re-financed from time to time
in the furore and that the Internal Revenue Code of 1986, as amended, limits the private use of
governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in
order to maintain the tax exempt stares of the debt issued to finance the same.
Notwithstanding any other provision of the bid documents to the contrary, the contract shall
automatically terminate, without any required notice by the CITY, if any payment required to
be made under the provisions of the contract to the CITY would, together with any other
private use payments made or required to be made by any other entity(les) or person(s) for the
use of the tennis center or related facilities, adversely affect the exclusion from gross income
for federal income tax purposes on any interest obligation (herein "negative tax
consequences") of the CITY issued to finance or refinance the termis center or any part
thereofi Such a termination shall not constitute a default on the part of either party to this
contract. Upon such termination, it is the intent of the parties hereto to enter into a new
agreement which would contain different or modified payment term~ and/or mounts
acceptable to both of the parties hereto, and which, in the opinion of the CITY'S bond
coumel, would not have negative tax consequences,
11. This Agreement shall be considered null and void unless signed by both the
CONTRACTOR and the OWNER.
12. The contract documents constitute the entire agreement between the CITY and
the CONTRACTOR and may only be altered, amended or repealed by a duly executed
written instrument.
IN WITNESS Wtt:EREOF, the parties hereto have executed this Agreement, the day
and year tn:st above written.
ATTEST: CITY OF ~RAY/~}~LORIDA
~.Cit7 Attorney'
WITNESS: CONTRACTOR:
(Print or Type Name) .._.) (Print or Type Name and Title)
(SEAL)
lo
CORPORATE ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instnmaent was acknowledged before me this J~ day
of .~L(D~i [ , 1997 by William J. Mitchell, Jr. (name of officer or agent,
title of officer or agent) of Florida Coca-Cola Bottling Company (name of
corporation acknowledging), a (state or place of
incorporation) corporation, on behalf of the corporation. ~He/She i~ personally.
known to me or has produced (type of identification) as
identification. -'
, of
~otary Public
CORPORATE ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF COBB
The foregoing instrument was acknowledged before me this 14th day of March, 1997 by Terri
L. Purcell of Coca-Cola Enterprises Inc., a Delaware corporation, on behalf of the corporation. She
is personally known to me.
Signature 0T Notary Public Notary Public, D~KeJb Count},.
Mt Com,'r, ismon Expi,',~ Ma7 '-'~, ~'~
Print, Tyl:/e or Stamp Name of Notary Public
CERTIFICATE
The undersigned, Terri L. Purcell, hereby certifies that she is an Assistant Secretary of
Coca-Cola Enterprises Inc., a Delaware corporation (the "Corporation") and hereby further certifies that
the following constitutes a true, correct and complete copy of certain resolutions adopted by the Board
of Directors of the Corporation on April 9, 1992, and such resolutions have not been amended,
modified or rescinded and are in full force and effect on the date hereof:
RESOLVED, that any officer of the Corporation (to wit: the Chairman, the President, any Vice
President, the Chief Financial Officer, the Treasurer, the Controller, the General Counsel, the
Secretary, any Assistant Secretary or such other officers as may be provided for by the Bylaws
of the Corporation from time to time) or the General Manager of the Corporation, or any person
appointed as a Vice President or General Manager for the appropriate Region or Division of
Coca-Cola Enterprises Inc., be, and each of them hereby is authorized to execute, in the name
and on behalf of the Corporation, any bids, proposals, contracts and agreements (including
without limitation any license or franchise agreement), guarantees, bonds, notes, certificates or
affidavits, or any amendment or supplement thereto, in connection with the purchase, sale or
lease in the ordinary course of business of the Corporation of goods, services and property, and
any releases, compromises or settlements in connection with claims arising out of any such
transaction, and to file any actions or proceedings in connection with such claims; and
FURTHER RESOLVED, that each such officer or General Manager be, and each of them
hereby is, authorized to delegate such authority in whole or in part, generally or in particular
instances, to any person who is an employee of the Corporation, or to any attorney at law
retained by the Corporation, and is further authorized to confirm such delegation by granting and
executing a formal power of attorney or delegation of authority to such person.
IN WITNESS WHEREOF, the undersigned has hereunto set her hand and seal of the
Corporation this 14th day of March, 1997.
(SEAL) /-,'-/' [:,,." ~'.. ".',,/. ' Y ~."..--
Terri L, Purcell
Assistant Secretary
CERTIFICATE
The undersigned, Terri L. Purcell, hereby certifies that she is an Assistant Secretary of
Coca-Cola Enterprises Inc., a Delaware corporation (the "Corporation") and hereby further certifies that
the following constitutes a true, correct and complete copy of certain resolutions adopted by the Board
of Directors of the Corporation on April 9, 1992, and such resolutions have not been amended,
modified or rescinded and are in full force and effect on the date hereof:
RESOLVED, that any officer of the Corporation (to wit: the Chairman, the President, any Vice
President, the Chief Financial Officer, the Treasurer, the Controller, the General Counsel, the
Secretary, any Assistant Secretary or such other officers as may be provided for by the Bylaws
of the Corporation from time to time) or the General Manager of the Corporation, or any person
appointed as a Vice President or General Manager for the appropriate Region or Division of
Coca-Cola Enterprises Inc., be, and each of them hereby is authorized to execute, in the name
and on behalf of the Corporation, any bids, proposals, contracts and agreements (including
without limitation any license or franchise agreement), guarantees, bonds, notes, certificates or
affidavits, or any amendment or supplement thereto, in connection with the purchase, sale or
lease in the ordinary course of business of the Corporation of goods, services and property, and
any releases, compromises or settlements in connection with claims arising out of any such
transaction, and to file any actions or proceedings in connection with such claims; and
FURTHER RESOLVED, that each such officer or General Manager be, and each of them
hereby is, authorized to delegate such authority in whole or in part, generally or in particular
instances, to any person who is an employee of the Corporation, or to any attorney at law
retained by the Corporation, and is further authorized to confirm such delegation by granting and
executing a formal power of attorney or delegation of authority to such person.
IN WITNESS WHEREOF, the undersigned has hereunto set her hand and seal of the
Corporation this 18th day of April, 1997.
(SEAL) ;r~i L. Purcell
Assistant Secretary
CERTIFICATE
(if Corporation)
STATE OF FLORIDA )
) ss
COUNTY OF )
)
I HEREBY CERTIFY that a meeting of the Board of Directors of
· a corporation under the laws of the State of
held on ,19 the following resolution was duly passed and adopted:
"RESOLVED, that , as
President of the corporation, he/she is hereby authorized
to execute the Agreement dated ,19 , between the City of
Delray Beach, Florida, and this corporation, and that his execution thereof, attested by
the Secretary of the corporation and with corporate seal afl.ged, shall be the official act
and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the corporation this day of ,19
(Secretary)
(Seal)
12
INSURANCE REOUIREMENTS ·
During the term of the contract with the City, the contractor shall procure and maintain
insurance of the types and to the limits specified in paragraphs (I) to (4) inclusive below.
B. COVERAGE
Except as otherwise stated, the amounts and types of insurance shall conform to the following
mininmm requirements:
!. Worker's Com,ensation - Coverage to apply for all employees for Statutory Limits in
compliance with the applicable State and Federal Laws. In addition, the policy must
include Employers' Liability with a limit orS100,000 each accident.
2. Comprehensive General Liability - Coverage must be afforded on a form no more
restrictive than the latest edition of thc Comprehensive General Liability Policy filed by
the Insurance Services Office and must include:
a) Minimum limits of $300,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
b) Premises and/or Operations.
c) Independent Contractors.
d) Products and/or Completed Operations.
e) No exclusion for Underground, Explosion or Collapse hazards.
3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the
latest edition of the Business Auto Policy flied by the Insurance Service Office and must
include:
a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
b) Owned Vehicles.
c) Hired and Non-Owned Vehicles.
d) Employer Non-Ownership.
4. .~rtifica~e of Insurance - Certificates of all insurance evidencing the insurance coverage
specified in the previous Insurance Administrator prior to commencement of work. The reo_uired
certificates of insurance shall not only name the _types of_~olicies 0rovided. but shall also refer specifically
to this bid and section and the above paragranhs in accordance with which ouch insurance is being
furnished, and shall state that such insurance is reauired by such para_~ra_~hs of this cc~htract. The
successful bidder will include the City pt' Delray Beach as additional insured. If the initial insurance expires
prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date
of expiration. Also, under the Cancellation section of the Insurance Certification the works "endeavor to"
and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company,
its agents or r~pr~sentative" shall be crossed out as indicated on the attached "sample of Insurance
Certificate".
"NOTE: Scg "Sample of Certificate ofhtsurance" for example Format.
13
' ' ' I CO~ HO ~G~ ~H ~2~ ~~ HO~.
~aa s. u. 9Tin. Ave. ~
~ co~5 ~O~G CO~G~
... COMPA~ ~ INS. ~. OF T~E STATE 0F PENN.
~ ~ ~ ~ ~AT ~E POU~ OF IHSU~H~ ~ ~ ~ B~W HAVE B~ ~U~ ~ ~E INSU~ N~ ~OVl ~R
X ~PLOTE~ 8EHE~ITS RRE DAMAG~ IA~ ~ rn~ S 100, O0O
S1000000/Sl 000000 M~D. ~E r.~ ~, s 10.000
A x ~A~ 06/30/96 06/30/97 ~ff s 1,000,000
... ~ BOOBY ~UXY
~A~ ' ~ $
IODILT ~JUXY
X ~w~ ~ ~ ~ ·
~-X- PHTSI~L 0~GE ~o~ D~AGE
UMI~ ~M AGG~EGA~ $
OP~TI~ IN THE ~ATE OF FLORIDA.
RE: P~O~E~ 96-17~ 1~6 RE~RFACI~G FRO~ECTS ~TRR~S 0DE: 7/2/96.
Cl~ OF 0E~T 8~ IS N~ED ~0[TIOHAL IHS. AS RESPE~S TO THIS PR~E~.
.. .. ',~.~.:',. -.~..:c. ::: ..... _:.... · ' . :~?:~) ; ',?"~::;~ . .:~:..~,c .... ~:-~:~..'.'.'":"~-:~.:.:~.~"
OEL~T
FL
.
. .- ...
DRUG FREE WORKPL/~CE CERTIFICATION
IF idcntic,,I tie bids exist, preference will be given to the vendors who submits a certification with their
bid/proposal certifying they have a chug-free workplace in accordance with Section 287.087, Florida
Statutes. The drug-free workplace preference is applied as Follows:
_[DENTICAL TIE BIDS: Preference shall be given to businesses with drug-Free workplace programs.
Whenever two or more bids which are equal with respect to price, quality, and service are received by the
State of by a,y political subdivision For the procurement of commodities or contractual ser~,ices, a bid
received from a business that certifies that it has implemented a drug-~ree workplace progran~ shall be
givcn preference in the award process. Established procedures t'or processing tie bids will be followed if
none oFthc tied ven. dors have a drug-free workplace program.
As the person authorized to sign this statement, I certify that this finn complies Fully with the Following
requirements:
1) This finn publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use ora controlled substance is prohibited in the workplace a~ d
specifying the actions that will be taken against employees For violations of such prahib,tion.
2) This finn informs employees about thc dangers ofdrug abuse in the workplace, the busi ,ess's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitati~ n, and
employee assistance pro,rams, and the penalties that may be imposed upon employees I ~r drug
abuse violations.
This firm gives each employee engaged in providing the commodities or contractual set ,ices that
are under bid a cop)' of the statement specified in subsection (1).
4) In the statement specified in subsection (1), this ~'u-m notifies the employees that, as a co ~dition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea ,,l'guilty
or nolo contendere to, any violation of chapter 893 or oFany controlled substance law ol'the
United States or any state, for a violation occurring in the workplace no later than five (:) days
after such conviction.
$) This finn ituposes a sanction on or requires lhe satisfactory participation in a drug abuse
assistance or rehabilitation program ii'such is available in the employee's community, b ~ any
employ.ce who is so convicted.
6) This firm will continue to make a good faith effort to maintain a drug-free workplace th~ ough
implem, entation of this section.
Contractor's Name CD Signature ~ ~ C...'d~.~r"'- C~D
DRUG-FREE WORKPLACE POLICY
Ft. ORmA COCA-CoLA BOTTLING COMPANY, (the "Company"}, endeavors to provide a safe, healthful and productive
work envtronment for its employees by supporting maintenance of a Drug Free Wod~place as defined by the Florida
Drug-Free Workplace Act. § 440.101 Florida Statutes. the Rules of the State of Florida. Department of He~th and
Rehal~litative Services, Chapter 1QE-18, Flodda Administrative Code, Drug-Free Work, lace Standards. an~l tl~e
Florida Department of Labor and Employment Security pursuant to the Rules for Workers' Compensation Drug
Teeing, 38F-9. The Company also complies with ail applicat=la Federal Motor Career Safety Regulations and Flonda
Department of Transportation Rules governing regulated employw. For continuity, prohibitions against drug and
alcot~ol al~uce containecl irt the preex'~ting Code of Bu~inasa Conduct of the Company are inco~orated herein by
reference ~n their enarety except to the extent any provisions may conflict with this Drug-Free Wotfq=llce Policy.
This Policy prohibits the use. sale. distribution, manufacture or possession of alcohol, drugs or related parapher-
nalia or I~eing under the influence of alcohol and/or drugs to the extent of possible impein~ent, defined as having
bodily concentrations of metaboliles of drugs or alcohol exceeding threshold levels listed below, while on Company
premises or wort<sites whether resulting from usage on or off the job, unless prescribed by e licensed physician:
Aml~netamlnes' t .000 ng/mL Methadone $00 ng/mL
~aro~turates 300 ng/mL Methaqualone 300 ng/mL
8enzodiaZephines 300 ng/mL Opiates' 300 ng/mL
Benzoyteco~j~ne (Cocaine)' 300 ng/mL Phencyctidine (PCP)' 25 ng/mL
Cannabinoiol~ (Menjuana}' 100 ng/mL Propoxyphene (Darvon®) 300 ng~mL
Ethanol (Alcohol) 0.04g% (' Required by 4g CFR Part 40. DOT regulations)
Current employees, with the exception of regularly scheduled D.O.T. Physical and Drug Screen examinsas, will not
- be tested for any reason for et least sixty (60) days following announcement of this Drug-Free Wofl~oiace Policy.
This delay is to allow ample tfme for any listed drugs, which may have been used by employees prior to being given
notice of their prohibition, to be excreted before becoming eligible for testing.
To facilitate enforcement of this Policy, all job applicants are required to take and pass e prsemploymant drug test.
Sixty (60) days after implementation of this policy, current employees are subject to drug and/or alcohol testing for
reasonal~le suspicion (including post-accident). Florida Rules also require drug testing following treatment or
counseling for chemical dependencies and concurrent with routinely scheduled medical examinations. Refusal to
sul~mff to testing upon request for any of the reasons authorized by the Rules shall subject the employee to the
same disciplinary measures prescnbed for positive test results which may include termination for cause, denial of
Unemployment Compensation and loss of Workers' Compensation medical and indemnity benefits.
Analy~s of specimens will be performed only by Florida Department of Health and Rehabilitative Services (HR$)
licensecl ancl National Institute on Drug Abuse (NIDA) certified laboratories utilizing qualified sites and employing
collectors trained to follow authorized collection protocols and properly maintain legal specimen chain-of-custody.
.~,n ex13erienced Medical Review Officer (MRO) will review all negative end confirmed positive laboratory reports.
Posffiv~ results shall only be reported to the Company after the MRO has ascertained that personal prescnl~ttons
or other legal substances do not account for the laboratory findings. Investigations may include, as appropriate,
telepl~one contact with employees and any prescribing physician(s) and/or pharmacies identified.
Within five (5) working days of receiving written notice of a confirmed positive test result which has been verified
by the MRO, an employee may sul~mit any information to the Company explaining or contesting the test results.
If the Company disagrees with the employes's position, within fifteen (15) days of receipt of a formal challenge of
test results, the Company must respond. If ~e employee wishes to maintain the challenge, within thi~/(30} days
of receipt of the Company's written response, the employee may appeal to a Court of competent jurisdiction or a
Judge of Compensation Claims (if a workplace injury has occurred). Upon initiating a challenge, it shill ~ be the
employse's responsibility to notify the testing laboratory which must retain the specimen until the ca~e is ceffied.
All Information, interviews, reports, statements, memoranda, and drug test results, written or othenvise, received
by the employer through a drug testing program am confidential communications and may not be used or received
in evidence, obtained in discovery, or disclosed in any public or private proceedings except in accordance with the
Ftoficla Statutes and regulations. Nothing herein shall be construed to prohibit the employer, agent of the employer,
or lab conducting e drug test from having a_,~_e~_~ to employee drug test information when, including but not limited
to, consultation with legal counsel in connection with actions brought under or related to its defense in civil or
administrative matters or in determining compensability under Chapter 440, Florida Statutes, the Company, labs.
employee assistance programs, Medical Review Officer, drug and alcohol rehabilitation programs, and their agents
who receive or have access to information concerning drug test results shall keep all information confidential.
CITY OF DELRAY BEACH
BID #97-17
SOFT DRINK %~N'DING MACHINES TERM CONTRACT
A. PURPOSE: The purpose and intent of this invitation to bid is to
establish an three {3) year contract to provide soft drink Vending
Machine Service, for several locations within the City of Delray
Beach. Service and product quality are of primary concern. Bidders
with low standards for either service or product quality will be
judged to be non-responsible and their bids non-responsive. No bid
will be accepted if it offers lower standards than is described
herein.
B. NOTICE OF AWARD: It is and shall be understood and agreed that a
Contract shall be deemed to be awarded and validly entered into
between the successful bidder and the City when written notice has
been given the awarded by the City thru its authorized agent, and/or a
purchase order shall be issued to the Bidder covering same.
Contract shall be awarded to the vendor offering the highest return to
the City who demonstrates compliance with bid specifications,
capability to perform according to the terms of the contract, and
responsibility with current clients.
C. PERFORMANCE: It is the intention of the City of Delray Beach to
contract as specified herein with one source that will give prompt and
convenient response to the City's needs. Any failure of the
successful bidder to comply with these conditions may be cause for
terminating any resulting contract i~mediately upon notice by the
City.
D. CONTRACT TERM: Term of the contract shall be three (3) years
commencing on or about April 14, 1997, and expiring three (3) years
thereafter. The City reserves the right to renew the contract for one
additional three {3) year term, per paragraph #20 of General
Conditions.
E. %~F/PDOR SERVICE REPRESENTATI%rE: The Bidder(s) shall submit with his
bid proposal the name, address, and phone number of the person(s) to
be contacted for the coordination of service. A contact for both
regular work-hours and after-hours must be identified.
F. FIRM PRICE: The City requires a firm fixed price on the unit price(s)
and profit per unit sold as bid for the contract period.
G. COMPETENCY OF BIDDERS: Bids will be considered only from firms which
are regularly engaged in the business of providing the goods and/or
services as described in the Bid invitation and who can produce
evidence that they have established satisfactory record of performance
for a reasonable period of time; have sufficient ~financial support,
equipment and organization to insure that they can satisfactorily
execute the services if awarded a Contract under the terms and
conditions herein stated. The term "equipment and organization" as
16
Specifications Cont...
used herein shall be construed to mean a fully equipped and well
established company in line with the best business practices in the
industry and as determined by the proper authorities of the City.
The City reserves the right, before awarding the Bid, to require a
Bidder to submit such evidence of their qualifications as the City may
deem necessary, and may consider any evidence available to the City as
to its financial, technical ability and other qualifications .of a
Bidder, including past performance (e~perience) in making the award in
the best interest of the City.
DEFAULT OF SBRVICB: If conditions are present, such as "poor quality
of service", which shall include but not be limited to, untimely
delivery, poor quality of products, and failure to respond in a
timely manner for sez~ice calls, which are factors considered by the
City to be cause for termination, written notice shall be provided to
the other party, and a sufficient period of time shall be given to
correct the conditions. If the conditions are not corrected, within
thirty (30) days of receiving written notice, then this Agreement will
be terminated.
I. TERMINATION: If or when the contract is terminated by either party,
the City reserves the right to award the Contract to the next most
responsive, responsible bidder meeting all required specifications,
for the remaining duration of the Contract period. The City may
cancel the contract upon thirty (30) days written notice with or
without cause. The City reserves the right to cancel the contract
with the awarded vendor if delivery and service does not meet
conditions and standards stated within bid specifications.
The successful bidder shall not assign, transfer, convey, sublet or
otherwise dispose of this Contract, or of any or all of his or its
rights, title or interest herein, or his or its power to execute such
Contract to any person, company or cooperation without prior written
consent of the City.
J. SCOPE OF WORK: Vendor will install, service, and maintain vending
machines as listed in locations as provided in AtUachment "A". The
City reserves the right to add or delete machines as conditions arise.
All bidders must complete the questions listed An Attachment A.
Exceptions ,should be noted on a separate shee~ of paper and
explanations should be referenced by category number and letter.
K. MAINTENANCE OF EQUIPMENT:
1) Machines will be scheduled for delivery and installation ten (10)
days from the date of Co~mission approval.
Specifications Cont
2) Successful Bidder shall be solely responsible for all machine
installation, maintenance, repair and removal. Vendor shall be
responsible for keeping all equipment in a clean and sanitary
condition.
3) All services above shall be at no cost to the City.
4) Successful Bidder shall operate and maintain machines in
accordance with all laws, ordinances, regulations, and rules of
Federal, State, and local authority; and the standards of
cleanliness, safety, and health established by the City.
5) Repair services shall be available from 8:00 A.M. to 5:00 P.M. on
all City work days. Repair must be satisfactorily completed no
later than one (1) day after service is requested by telephone,
excluding Sundays.
L. PERSONNEL: Contractor's personnel shall, at all times, present a
neat appearance. All employees will, as a minimum, wear a uniform
shirt with the company and or logo and an employee identification tag.
Personnel who pose a potential security risk must be replaced.
M. ESCALATION/DE-ESCALATION CLAUSE: The City of Delray Beach
acknowledges the fluctuating nature of prices for items specified.
Accordingly an escalator/de-escalator clause will be accepted only
under the following conditions:
1. Price increase(s) and price decrease(s) comparable to documented
manufacturer's price changes or changes in industry related
indices;
2. Receipt of proper notification, to Purchasing, thirty (30) days
prior to the effective date; and,
3. Where all prices remained same for three (3) year term of
contract.
All price increase(s) and decrease(s) to be reviewed at contract
renewal time and approved by the City Manager or his designee.
N. PRE-BID CONFERENCE: A pre-bid conference will be held on Wednesday,
March 12,. 1997, at 10:00 A.M., in the first floor Conference Room,
City Hall, 100 N.W. First Avenue, Delray Beach, Florida, 33444. Ail
prospective bidders are encouraged to attend.
Specifications Cont ....
0. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who
has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to
provide and goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids 'on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
ATTAC~4ENT "A"
I. EQUIPMENT
A. Number of vending machines to be provided to twenty-one (21)
locations as listed below:
NUMB£R OF
LOCATION MACRIN£S
1. Atlantic Dunes Park 1
South A1A & Linton Blvd.
* 2. City Hall
100 N.W. First Avenue
1st floor 2
2nd floor 1
* 3. City Garage - Public Works Division 1
434 S. Swinton Avenue
* 4. Environmental Services Complex 1
434 S. Swinton Avenue
(breakroom)
5. Knowles Park 1
SE 6th Avenue and Intercoastal
* 6. Police Department 2
300 West Atlantic Avenue
~ 7. Parks Maintenance 1
320 S.W. 4th Street
* 8. Fire Station Central 2
501 West Atlantic Avenue
1st and 2nd Floor
" 9. Fire Station %3 1
651 Linton Blvd.
* 10. Fire Station %2 1
35 Andrews Avenue
* 11. Fire Station #4 1
4321 Lake Ida Road
* 12. Fire Station %5 1
4000 Old Germantown Road
13. Pompey Park 1
101 N.W. 2nd Street
20
ATTACHMENT "A" Cont...
NUMBER OF
LOCATION MACHINES
14. Community Center 1
50 N.W. First Avenue
15. Tennis Center 3
201 W. Atlantic Avenue
16. Adult Center 1
801 N.E. First Street
17. Water Treatment Plant 1
600 S.W. 2nd Avenue
18. Gleason Park 1
East Atlantic & AIA
19. City Marina 1
159 Marine Way
20. Anchor Park 1
South City Beach ~ AIA
21. Miller Park 1
Linton & S.W. 4th Avenue
B. Vending machines to be the property of: Florida Coca-Cola Bottline Com_~any
6553 Garden Road
Riviera Beach. Florida 33404
Il. PRODUCTS
A. Specific names of soft drinks you can provide:
(include juices - if available)
(Addendum "A' Attached):
· Sot~ Drinks
· Juices / Juice Blends
· Bottled Water
· lsotonics Beverag¢~
A'FfACHMENT "A" Cont...
B. Specify manner of dispensing, i.e., 12 oz can, 8 oz cup, pre-mix, post-mix, CO~:
Primary_ Vender 12 oz can II Secondary_ Vender 20 oz P.E.T. Bottle~
20 oz P.E.T. Bottles for Special Events
C. Can the product price be set by the City of Delray Beach?
YES NO X Bid specifies unit retail pricing.
If no, then we would like a price break for machines located in the areas for City Employee use.
See the list of locations in Section I.A. (those with an asterisk are areas for City Employee use).
D. Money shall be collected by Vendor:
¥~-s ,,, x.~ tqo
If not, then state who will collect the money.
E. Will City have input as to drink selection7
YES X NO
F. Minimum amount to be purchased (or leased) by City monthly:
No minimum on Total Account Bid
G. Allowances if minimum cannot be met:
None
II1. SERVICE
A. Vending machines to be filled by: Full Service driver employed by Florida Coca-Cola Bottlinn
Company. 6553 Garden Road. Riviera Beach. Florida 33a0,t
B. Method of obtaining service in event of mechanical failure:
_Equiprnent Service (561~ 882- 1203 (8am to 5pm / Monday through Friday)
C. Response time for service: Response time will be within 24 hour~ of service call. Weekend
~ervice Technician on call for emergency.
ATTACHMENT "A" Cont...
D. Vendor-owned equipment to be serviced by vendor with no charge for parts or labor?
YES X NO
IV. VOLUME
A. Your anticipated sales volume projection at each location:
I. Atlantic Dunes Park ............................................................ 30 cs/month
2. City Hall (3 machines) ........................................................ 50 es/month
3. Public Works - City Garage ................................................ 35 cs/month
4. Environmental Svcs. Breakroom ........................................ No History_
5. Knowles Park ...................................................................... No History
6. Police Department (2 machines) ......................................... · $0 cs/month
?. Parks Maintenance .............................................................. 40 es/month
8. Fire Station Central (2 machines) ....................................... 20 cs/month
9. Fire Station #3 ..................................................................... lO cs/month
10. Fire Station #2 ..................................................................... lO cs/month
i 1. Fire Station g4 ..................................................................... lO cs/month
12. Fire Station #5 ..................................................................... 10es/month
13. Pompey Park ....................................................................... 85 cs/month
14. Community Center .............................................................. 30 cs/month
15. Tennis Center (3 machines) ................................................ 25 es/month
16. Adult Center ........................................................................ l0 es/month
! 7. Water Trealment Plant ........................................................ 15 cs/month
18. Gleason Park ....................................................................... 15 cs/month
19. City Marina ......................................................................... 120 es/month
20. Anchor Park ........................................................................ !5 es/month
121. Miller Park ......................................................................... !5 cs/month
Total 495 cs/month
(cases per month)
B. Your statement ofprofit that the City will receive per unit sold (cup, can, or case):
Soft drinks - 12 oz. Cans ,= 15% of Net Sales
Juice - 11.5 oz Cans = 12% of Net Sales
Bottled Water - 16 oz Bol~les = 12% of Net Sales
Soft Ddnks- 20 oz Bottles = 15% of Net Sales
lsotonics - 11.5 oz cans = 12% of Net Sales
AITACHMENT "A" Cont...
V. PRODUCT PRICING
A. Current price to City per unit $ N/A - Full Service Program
Primary ~
B. Sale price - City Employee Machines $.50/unit - 20oz soft drinks $.75/unit - 20oz soft drink~
$.7$/unit- non-carbonated $.7~/unit- non-carbonated
C. Sale price - General Public Machines $.50/unit - 20oz soft drinks $.75/unit. 20oz soft drinks
$.75/unit- non-carbonated $.75/unit- non-carbonated
D. Del'tuition of Unit: (1:2 oz can, 8 oz cup, 24-can case)
(I) 24112oz can case (soft drinks'l: 1'21 24/I 1.5oz can case 0uiceL (j$otonic$)
(3) 24/20oz PET Bottles (soft drinks): (4') 24/16oz PET Bottles {'water)
IV. ADVERTISING
THE SUCCESSFUL VENDOR SHALL SUPPLY THE CITY WITH THE FOLLOWING:
A. Parks and Recreation Youth Activities:
PROMOTIONAL ITEMS VALUE
T-shins / Youth Uniforms 52.000
Program Printing (schedules, posters, etc.) $ 500
Scoreboards $6.000
Snacks (afterschool program) SI.SO0
Radio Advertising $5,000
TOTAL $15,000
Should the contract be renewed for subsequent years, a revised promotional item list shall be
approved by City and Contractor. (Value shall be no greater or less than first year.) -~' -
B. Tennis Center- Promotional Events
The successful Contractor shall have Title Sponsorship to the 1997 ATP/USTA Men's Challenger
of Delrey Beach to be held from September 20 - 28, 1997, and shall have exclusive 0ourin_~ rights
at all events at the Delray Beach Municipal Tennis Center, 201 West Atlantic Avenue, throughout
the term of the contract.
Amount to be paid to the City for Title Sponsorship and exclusive Tennis Center pouring rights.
$ 96.000 (In t'mancial and promotional
support. See Addendum "C")
ATTACHMENT "A" Cont...
Vll. SPECIAL EVENT ITEMS
A. Additional equipment that shall be available at no charge to the City for special events, are as
follows:
Portable Food Units
Additional items available:
Special Event Trailers
,, ~;pecial Event Pre. Mix Fountain Portab[~ Units
5§-Gallon Plastic Barrels (refuse~
.. 55-Gallon Plastic Barrels fsoft drinks'~
~pecial Event 3' x 10' Banners
64-Ouart Ice Chests
10-Gallon Thermo Coolers
Vendor Hawkin_e Trays
'~ Advanced booking of sixty (60) days requested to insure availability.
VIII. COMMISSIONS
A. Proposed method of computing the City's share:
Gross Sales
(-~ State Vend Tax
(=~ N~tt Sales
fX~ Commission Rate
(_=~ Ci_ty Share
B. Proposed time of payment of City's commission (monthly, etc.):
Commissions are paid monthly (itemized by machine} and will be paid to th~ City_ by th~ 20th day
of each correspondin_~ mQlnth.
IX. IMPLEMENTATION
A. Installation of vending machines to take place within 30 calendar days of acceptance by
City of proposal.
ATTACHMENT "A" Cont...
B. Availability and installation of advertising promotional items:
T-shirts - 8 weeks
Pro_m-am Printing - 12 Weeks
$¢orcbQards - ! 0 W~eks
Snacks - 4 Weeks
Radio Adverfisin~. a Weeks
MISCELLANEOUS
A. Your policy with respect to shortages, jackpots, etc.:
~ccount paid commission based on "Theoretical Cash" resulting fi.om actual product sales.
Bottler is responsible for losses due to shortages, jackpots and break-ins. ,
B. Special terms and conditions of contract:
)-year plan plus 3-year option
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL)
BID #97-17
SOFT DRINK VENDING SERVICE - TERM CONTRACT
COMPANY NAME: FLORIDA COCA-COLA BOJ'I'LING COMPANY
' SIGNATURE: ~ DATE: ~
NAME/TITLE: WILLIAM J. MITCHELL. ~t... DIRECTOR COLD DRINK
ADDRESS: 3350 PEMBROKE ROAD
HOLLYWOOD
FLORIDA 33021
TELEPHONE: (954) 985-7823
FAX #: (954}, 985-7177
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT NAME: SIM PANNELL
TELEPHONE NO.: (561~ 882-1222
STATE/~NT OF NO BID
BID # 97-17
If you are not bidding on this service/commodity, please complete and
return this form to: City of Delray Beach Purchasing Office, 100
N.W. First Avenue, Delray Beach, Florida, 33444.
Failure to respond may result in deletion of vendor's name from the
qualified bidder's list for the City of Delray Beach.
COMPANY NAME:
MINORITY OWNED
ADDRESS: BUSINESS
( ) Black
( ) Hispanic
TELEPHONE: ( ) Women
( ) Other
SIGNATURE: specify
DATE:
WE, the undersigned have declined to bid on your BID # 97-17
for Soft Drink Vending Service - Term Contract
because of the following reason(s).
Specifications too "tight", i.e., geared toward brand
or manufacturer only (explain below)
Insufficient time to respond to the Invitation to Bid
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
REMARKS:
REFERENCES
BID #97-17
COMPANY NAME: TH~ BREAKERS PALM BEACH, INC.
ADDRESS: P.O. BOX 910
CITY & STATE: PALM BEACH, FL ZIP: 33021
CONTACT PERSON: MR. RICHARD L. HAWKINS, Distribution Manager
PHONE NO: (561) 655-6611
COMPANY NAME: PALM BEACH POLO & COUNTRY CLUB
ADDRESS: 11830 POLO CLUB ROAD
CITY & STATE: WEST PALM BEACH, ZIP: 33414
CONTACT PERSON: MR. DANIEL J. CARR, Director Of Operations
PHONE NO: (561) 7988-7000
COMPANY NAME: CORAL SKY AMPITHEATRE
ADDRESS: 601-7 SANSBURY'S WAY
CITY & STATE: WEST PALM BEACH, FL ZIP: 33411
CONTACT PERSON: MS. PAMELA J. ROGERS, Director of Sales
PHONE NO: (561) 795-6608
COMPANY NAME: JOHN I. LEONARD COMMUNITY HIGH SCHOOL
ADDRESS: 4701 TENTH AVENUE NORTH
CTI'Y & STATE: GREENACRES, FL ZIP: 33463
CONTACT PERSON: MR. HUGH BRADY, PRINCIPAL
PHONE NO: (561) 641-1234
JOHNSON & HIGGINS OF GEORGIA, INC. ONLY AND CONFERS NO RIG.S U~N ~E CE~FICA~
~91 P~CHTREE ST~, NE, SUITE ~00 HO~E~ ~IS CE~RCA~ DOES NOT AMEND, ~ND OR
~NTA, GEORGIA 30303-1762 ~R ~E COVE~GE AFFORD~ BY ~E POEClES BELOW.
~N: ~Y SCHOEMAN (4~) 586-0000 COMPANIE~ AFFORDING COVE~GE
F~ NO. (4~) 58~8208
A NaUonal Union
~p~
Flora CCBC. a D~ision of B ~e Insurance ~mpany of ~e S~te of Pennsy~nia
3350 Pembroke Road I
Hol~ad, FL 33021 ~ C
INDIteD. NO--STANDING
CER~R~ ~Y BE I~UED OR ~Y PE~AIN, ~E I~U~NCE AFFORD~ ~ ~E POUClE8 DESCRIBED H~EIN.~ SU~E~.TO ~ ~E ~M~
~CLUSIONS ~O COND~ONS OF SUCH POUCIES. UM~ SHOWN ~Y ~ B~ REDUC~ ~ PND C~M~ - ' ' - ' '' ......
__ ~ ~ ~CA1438gg0(AOS) 11~1~6 11~1~7
__ ~~ NO~: ~y~
~ ~ NO ANNU~ AGGREGA~
APPLIC~LE
U~ ~ ~ I
...... .
I
om~ STA~TORY ~CES5 $1MM SIR'
~CE~ WOOERS COMP ~WCt13~31 11101~6 11~1~7 FOR S~F INSURED ~A~S:
...... MN,MI,OH,O~,WA
CiTY 0F DEL~Y BEACH ts
CI~ OF DEL~Y B~CH
FROM: DIANE DOMINGUEZ, PLANNING AND ZONIN~131REOT~ ....
J
SUBJECT: MEETING OF NOVEMBER 2, 1999
RESOLUTION SUPPORTING CONTINUED FUNDING OF THE EASTWARD
HO! INTITIATIVE
The idea for the Eastward Ho! initiative was generated in 1995 by the Govemor's Commission
for a Sustainable South Florida. The Eastward Ho! movement is intended to help slow the
urban sprawl that is impacting South Florida's wetlands and agricultural areas, and revitalize
older urban areas. The Eastward Ho! corridor includes the eastern communities from southern
Miami-Dade County to north/central Palm Beach County. Located within this area are
Southeast Florida's major downtowns, airports, rail corridors, and seaports. Development in the
area dates back to the early part of the century. Much of the infrastructure is old and obsolete,
and many areas are characterized by blighted buildings, environmental contamination, and
poverty.
The Eastward Ho! movement has promoted and supported the revitalization of these areas
through brownfields programs, technical assistance in the development of revitalization plans
and programs for urban areas, and matching grants for planning and implementation measures.
The intent is to once again make these older communities desirable places to live and work, and
stem the flow of population to areas where it has the greatest environmental impacts. The
movement has been a unique collaborative effort among local governments, regional planning
councils, the state, and various environmental groups and agencies. It has been supported in
part by state funding, but the new Department of Community Affairs (DCA) Secretary, Steve
Siebert, has stated his intention to discontinue the funding of this effort. His reasoning for the
cut, as stated in his address at the Florida Redevelopment Association conference held here in
Delray Beach in September, is that the initiative does not have applicability elsewhere in the
state and therefore represents an inequitable distribution of dollars.
Delray Beach has benefited from the Eastward Ho! initiative indirectly in the increased
awareness on a regional and statewide level of the importance of reinvesting in existing urban
.communities, and directly through the financial and technical assistance provided by the
Treasure Coast Regional Planning Council on the North Federal Highway Redevelopment Plan.
We were unsuccessful in obtaining an Eastward Ho! grant for our CBD Plan, but we were
hopeful that future funding would be available for other plans and programs. As we've learned
through our continued work with the City's various homeowner groups, the need for funding to
improve the condition of our older neighborhoods is tremendous. This initiative does not
represent a significant source, but it is certainly a worthwhile program for the state to continue to
fund.
RECOMMENDED ACTlO~N
By motion, approve the attached resolution supporting continued State funding of the Eastward
Ho! initiative.
Attachments: Letter of Request; Resolution
RESOLUTION NO. 72-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING CONTINUED
FUNDING OF THE EASTWARD HO! INITIATIVE.
WHEREAS, the City Commission of the City of De]ray Beach strongly supports the
continuation of the same level of funding of the Eastward Ho! Initiative through the South Florida and
Treasure Coast Regional Planning Councils; and
W~-IEREAS, the Delray Beach City Commission recognizes the success and value of the
Eastward Ho! Initiative throughout the communities of the South Florida and Treasure Coast regions; and
WHEREAS, the City Commission recognizes that funding for the Eastward Ho! Initiative
is necessary so that the South Florida and Treasure Coast Regional Planning Councils can continue to
perform numerous efforts to support sustainable urban redevelopment and economic development planning
activities; and
WHEREAS, the City Commission believes that not fully and consistently funding the
Eastward Ho! Initiative through the South Florida and Treasure Coast Regional Planning Councils will
jeopardize the state's existing and future investment in the Everglades and Restudy efforts, and the future
growth and redevelopment of urban communities in the Eastward Ho! Initiative corridor; and
WHEREAS, having to compete for other sources of funding out of dwindling revenue
sources is not an efficient allocation of resources and dedication of staff time and energy to support sources
of annual funding, and reduced the amount of time dedicated by regional planning councils to support the
Eastward Ho! Initiative.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby deemed to be true and correct.
Section 2. That the City Commission of the City of Delray Beach hereby requests that the
Governor appropriate dedicated funding on a recurring basis for the Eastward Ho! Initiative through the
South Florida and Treasure Coast Regional Planning Councils, at the current level of funding, as a line item in
the Department of Community Affairs base budget.
PASSED AND ADOPTED in regular session on this the 2nd day of November, 1999.
'~ City Clerl~ /
October21, 1999 rd-' ~Dq¢'
The Honorable Jay Alperin
Mayor
City of Delray Beach
100 NW First Ave.
Delray Beach, FL 33444
Subject: Continued Funding for the Eastward Ho! Initiative
Dear Mayor Alperin:
The proven success of the Eastward Ho! Initiative in Southeast Florida over the past few
years has been exciting and encouraging - hundreds of locally driven efforts have helped
spur the revitalization of the region's "main streets" and communities.
This continuing success depends on a sustained long-term effort, but the state funding for
the Eastward Ho! Initiative is going to stop. For the Treasure Coast Regional Planning
Council to continue to provide quality redevelopment, town planning assistance and
technical support, an adequate and stable source of funding at the current level from the
Department of Community Affairs and from the State of Florida is crucial.
You can help by sending a letter of support or by adopting a resolution in support of
continued funding for the Eastward Ho! Initiative to Governor Jeb Bush and to Secretary
Steve Seibert, Department of Community Affairs, Tallahassee. Enclosed is a sample letter
of support and a sample resolution for your review.
Council sincerely appreciates your Support and participation. Please telephone me if you
have any questions.
Sincerely,
Michael J. Busha, AICP
Executive Director B ~ G [::. ~V E D
MJB:jb 0 Gl 2 5 1999
Enclosure PLANNING & ZON{N¢
301 east ocean boulevard
su{te 300
stuart, flor{da 34994
phone (561) 221-4060
sc 269-4060 fc~x (561) 221-4067
Date
Governor Jeb Bush
Executive Office of the Governor
The Capitol
Tallahassee, Florida 32399
Secretary Steve Seibert
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Subject: Continued Funding for the Eastward Ho! Initiative
Dear Governor Bush (Secretary Seibert),
The proven success of the Eastward Ho! Initiative in Southeast Florida over the past few
years has been exciting and encouraging. Hundreds of locally driven efforts have helped
to spur revitalization of the region's "main streets" and communities, created new job and
economic opportunities, and has assisted in providing alternatives to the sprawl that is
threatening one of the state's largest investments and most valuable natural resources -
the Everglades Ecosystem.
Continued success depends on a sustained, long-term effort and an adequate and stable
source of funding for the South Florida and Treasure Coast Regional Planning Councils
to administer Eastward Ho! Initiatives.
Through these initiatives, the two southeast Florida regional planning councils provide
the community education and technical assistance to bridge the difference between state
probe, ms and local needs; serve to facilitate cormmumity-based plane, lng and ,Asioning
efforts, coordinate community activities, assist in implementing plans at the local level,
and create and maintain partnerships of all types.
We appreciate your support for continued funding for the Eastward Ho! Initiative.
Sincerely,
cc: John Flanigan, Chairman TCRPC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~4~/{
SUBJECT: AGENDA ITEM # ~}.~ - REGULAR MEETING OF NOVEMBER 2, 1999
APPOINTMENT TO THE EDUCATION BOARD (STUDENT MEMBER)
DATE: OCTOBER 27, 1999
There is currently a vacancy on the Education Board for a student member. Student members must
either be residents of the City or attend a De[ray Beach public school. We have been working with
staff at Adantic High School and recently received the following two (2) applications for
consideration:
Bradley C. Francis (AHS Senior)
Shreya R. Parikh (AHS Sophomore)
The term is for one year, ending July 31, 2000.
The appoinmaent will be made by Commissioner Randolph (Seat #4).
Recommend appointment of a student member to the Education Board for a one year term ending
July 31, 2000.
Ref:Agmemo3.Appt. to Education Board. Student Member
D[:LRAY BF. ACH
® BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name: Name Middle Initial
2. Home Address: City State Zip Code
'"3~' Legal Residence City I- State Zip Code
4. Principal Bus~es~ Ad~ress: City State Zip Code
5. Home Phone: (~bl) ~t~/~ - llq~~ Business Phone: (~b~) qq~ - 7o01
6. Wha: Board(a) :~'e ycu interested in ~ev.'ing?
7. List ali City Boards on which you are currently serving or h'~ve previously served: (Please include dates)
8. Educational qualifications:
9. List any related professional certifications and licenses which you hold:
I0. Give your present, or most recent employer, and position:
11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of materia/ facts contained in this application may cause forfeiture upon my part of
any appointment ! may receive. F~ F: ~ ~ ! ~ E E)
sI ATUX SEP 0 11999
Note: 'I'h~s app]ication wi]] remain on file i~ the City C]erk's Or, ce fo~ a period of 2 years from the date it was
submitted. It wi]] be the app]icanfs responsiSflity to ensure that a current app]icafio~ is on ~]e.
5363 Inwood Drive
Delray Beach, Florida 33484
Home Phone (561) 496-1148
OBJECTIVE
To have a double major in Hotel/Restaurant Ownership and M~nagement, with a minor in Public
Administration.
EBgCATION
Atlantic Community High School 1996-(2000)
Carver Community Middle School 1993-1996
INTERESTS & ACTMTIES
· SCI National Youth Program, Vice Chair 1999-2001
· Student Government Association, President 1999-2000
· Junior Class President 1998-1999
· SCI National Youth Program National Vice Chair 1998-1999
· School Improvement Committee 1997-1999
· Eagles for Excellence Steering Committee 1997-1999
· Youth Involvement Program cLlmted Way) 1997-1999
· National Honor Society 1997-1999
· Future Business Leaders of America, President (98-99)
Treasurer (97-98) 1997-1999
· Student Government Association, 2nd Vice President (98-99) 1996-1999
· Sister Cities International 1995-1999
· Sophomore Class Vice President 1997-1998
· Freshmen Class President 1996-1997
AWARDS BEgEfVED
· Selected Boy's State Delegate 1999
· Sixth Place (Public Speaking Competition) 1999
· Fifth Place (Entrepreneurship Competition) 1998
· Palm Beach Post Student of the Week 1998
· Who's Who Among High School Students 1997-1998
· Top 5 percent of class 1996-1998
· Delray Newsletter Student of the Month 1997
· Eagles for Excellence (Club Recognition) 1997
· Eagles for Excellence (Academic Recognition) 1996-1997
· Delta Sigma Theta (Academic Recognition) 1996-1997
· Selected City Youth Rep. for SCI Convention 1996
COMMUNITY INVOLVEMENT
· Students Teach Students (American Lung Assoc.)
· Planted trees, and cleaned streets (Tijuana, Mexico)
· Beach Clean-Ups
· Youth Involvement Program
· Nursing Home Visits
· Santa Shoppe (for underprivileged youth)
· Collected goods for Honduras Relief (Tornado Hazard)
WORK HISTORY
Cashier, Eckerd Drugs 1999
Internist and Office Assistant, Hazen and Sawyer Environmental 1998-1999
Engineers and Scientists
[lTV OF DELRI:IV BEI:IEH
CITY ATTORNEY'S OFFICE ~oo ,w ,~ ~v,,,~. ~¥ ,~^~., ~o~,~ .~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali.America City. MEMORANDUM
~ll~llll' DATE: November2, 1999
~ ~ TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attorne~
SUBJECT: Licensed User Agreemem with Ticketma~er.
Attached is a copy of the above-referenced agreement which, if approved, would
allow the City to use the services of Ticketmaster-Florida, Inc. (TM) to facilitate ticket
sales for the Tennis Center. The agreement gives TM the exclusive right to sell tickets
for events held at the Tennis Center for a period of three years. TM charges a $0.05 per
ticket charge and certain other convenience and handling charges that are paid for by
either the promoter of an evem or by the purchaser of the ticket.
The City must pay two thousand dollars ($2,000.00) per year for the use of TM's
hardware that will be placed in the ticket box office at 30 NW 1~ Ave. The ticket box
office will be staffed by Match Poim, Inc., who will be responsible for the security of
TM's equipment.
Please place this item on the agenda for the November 2, 1999 City Commission
meeting. Do not hesitate to contact me if you should have any questions.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harry, City Clerk
Becky O'Connor, Treasurer
Brahm Dubin, Dubin & Associates, Inc.
LICENSED USER AGREEMENT
THIS LICENSED USER AGREEMENT ("Agreement") is made and entered into as of
the ~ day of ., 1999, by and between TICKETMASTER-FLORIDA,
INC., a Florida corporation ("Ticketmaster'), and CITY OF DELRAY BEACH, a Florida
municipal corporation ("Principal").
WITNESSETH:
In consideration of the mutual promises and covenants set forth herein, the parties hereby
agree as follows:
1. Definitions. As used in this Agreement, the following terms shall have the
respective meanings indicated below unless the context otherwise requires:
(a) Attraction: A sporting event or other entertainment feature to be held at
the Facility in respect of which Principal has authority to sell Tickets to the public.
(b) Customer Convenience Charge: The amount charged to a Ticket
purchaser by Ticketmaster for the use of the TM System.
(c) Facility: Delray Beach Tennis Center, located in Delray Beach, Florida.
(d) Facility Box Office: The Ticket locations at the Facility which are
operated by Principal.
(e) Hardware: All of that certain computer hardware, communications
equipment, terminals and hook-ups listed with particularity on Exhibit 1, which is
attached hereto and incorporated herein by this reference, or otherwise supplied by
Ticketmaster to Principal at any time during the term of this Agreement.
(f) Inside Charges: The amount charged to Principal by Ticketmaster for
services rendered by Ticketmaster under this Agreement.
(g) Outlet: A retail Ticket selling agency where Tickets for an Attraction are
made available through the TM System and are offered for sale to the public.
(h) Software: All the computer software, including all upgrades, new
releases, new versions and modifications thereto during the term of this Agreement,
which Principal shall have access to in connection with the sale of Tickets through the
TM System.
(i) Telephone Sales: All sales of Tickets through the TM System by
telephone, IVR, computer, television, and similar means, including, but not limited to, the
Interact.
(j) TM System: The Hardware, Software, related procedures and personnel,
and repair and maintenance services established and maintained by Ticketmaster for the
purpose of selling, auditing and controlling the sale of Tickets for Attractions including,
but not limited to, tickets sold at Outlets and through Telephone Sales.
(k) Ticket: A printed or other type of evidence of the right to occupy space at
or to attend an Attraction.
(1) Ticket Receipts: The face value of a Ticket less the applicable Inside
Charge.
2. Term of Agreement. The initial term of this Agreement shall begin on the date
hereof and shall continue through the third (3fa) anniversary hereof. Thereafter, the term of this
Agreement shall automatically be renewed for successive three (3) year periods unless either
party hereto notifies the other party in writing, not less than ninety (90) nor more than one
hundred and twenty (120) days prior to the end of the initial term or the then current renewal
term, of its intentions not to renew this Agreement.
3. Compensation. In consideration for the license by Ticketmaster of the
Hardware and Software to Principal and Ticketmaster's continuing services to be performed in
connection herewith, Ticketmaster shall be entitled to receive the following fees and
compensation:
(a) Inside Charges: Ticketmaster shall assess and be entitled to receive
from gross Ticket proceeds collected by it as an agent of Principal an Inside Charge on
all Tickets sold or printed through the TM System. Such Inside Charge shall be equal to
$0.00 per Ticket for each Ticket sold at an Outlet and the credit card charge set forth in
Section 3(c) below with respect to Tickets sold by Telephone Sales. The Inside Charge
shall be $0.05 for each other Ticket (other than complimentary Tickets) printed by or on
behalf of Principal and $0.05 for each complimentary ticket printed by or on the behalf
of Principal. The amount of Inside Charges owed by Principal to Ticketmaster shall
be deducted from gross Ticket proceeds in the manner provided in Section 14 hereof.
(b) Customer Convenience Charge: A per Ticket Customer Convenience
Charge payable to Ticketmaster will be assessed against purchasers of Tickets at all
Outlets and through Telephone Sales. The amount of the Customer Convenience Charge
and permissible increases thereto are set forth in Exhibit 2 attached hereto and
incorporated herein by this reference. Principal consents to the imposition of the
Customer Convenience Charge on all Ticket sales to purchasers at Outlets and on
Telephone Sales.
2
(c) Credit Card Sales: Principal hereby authorizes Ticketmaster to accept
American Express, MasterCard, Visa, Discover and Diner's Club charges (and any other
credit card which may hereafter be approved by Ticketmaster) in connection with sales
of Tickets through the TM System. Ticketmaster agrees to absorb the credit card
company charge relative to the Customer Convenience Charge, and Principal agrees to
absorb the credit card company charge relative to the face value of Tickets sold by
Telephone Sales using such credit cards, in an amount equal to 2.5% of the face value of
all Tickets sold by such credit cards. All such rates are subject to automatic increase due
to increases to the interbank rates. Ticketmaster reserves the right to bill Principal for
any credit card chargeback incurred with respect to any Attraction. Payment is due in full
immediately upon receipt of such billing.
(d) Handling Charge: Ticketmaster shall be entitled to assess and receive a
handling charge in the amount of $2.50 per order ("Handling Charge") from each
consumer ordering Tickets through Telephone Sales. The Handling Charge may be
increased from time to time consistent with Ticketmaster's handling charge for similar
facilities and is subject to automatic increase equal to any increase (rounded up to the
nearest $0.05) in the postal service rates. Principal hereby agrees to the imposition of
the Handling Charge.
(e) Rental Fees: Principal shall pay Ticketmaster $2,000.00 per annum for
the use of hardware (the "Hardware") defined in Exhibit 1 and on-line access to
Ticketmaster's software (the "Software') during the term of the Agreement. The
Hardware and Software shall at all times be and remain the sole and exclusive property of
Ticketmaster, and Principal shall have no right, title or interest therein or thereto except
as a licensed user thereof.
(f) Season and Subscription Accounts: Principal shall pay Ticketmaster
$3.50 per annum per season or subscription account in consideration for the storage and
maintenance of each side account on the TM System.
4. Exclusive Rights.
(a) Principal hereby grants to Ticketmaster, and Ticketmaster accepts from
Principal, the exclusive right during the term of this Agreement to sell, as Principal's agent, all
Tickets for any Attraction made available generally to the public, via any and all means and
methods, including, but not limited to, Telephone Sales, and Outlet sales. Upon mutual
agreement by both parties, where such agreement shall not be unreasonably withheld by either
party, Principal may distribute tickets for city-sponsored, charitable and/or civic events outside
· this agreement. Principal retains all of its rights relating to sales of Tickets from the Facility
Box Office provided Principal does not use the equipment or services of any third party
computerized ticketing company or system to conduct such sales.
(b) It is agreed and understood that neither Ticketmaster nor Principal guarantees or
will guarantee that any minimum or fixed number of Tickets will be sold through the TM System
for any Attraction.
5. Central Computer Facility; Conduct of Telephone Sales. Ticketmaster shall,
at its sole expense, maintain a central computer facility at such location(s) as it shall deem
necessary for the operation of the TM System. The central computer facility will be in operation
16 hours a day during each and every day of the year, and will be adequately staffed to perform
all ongoing licensed user assistance, maintenance and repair services required to be performed by
Ticketmaster under this Agreement. In addition to the foregoing, Ticketmaster also agrees to
provide telephone Ticket sales services on behalf of Principal with respect to Attractions and, in
that regard, shall receive telephone calls for Ticket sales between the hours of 9:00 a.m. and 9:00
p.m.E.S.T. Monday through Friday and between the hours of 10:00 a.m. and 7:00 p.m.E.S.T, on
Saturday and Sunday, except on Christmas Day, and except for shortened hours on certain other
holidays. Such telephone service will be adequately staffed to perform ongoing license user
assistance with respect to Ticket sales.
6. Installation, Maintenance and Repairs.
(a) Following the execution of this Agreement, Ticketmaster shall proceed with due
diligence to install the Hardware and to provide Principal with on-line access to the Software to
facilitate Ticket sales on behalf of Principal in a manner compatible with the objectives of this
Agreement and with due consideration of the needs of Principal. Any additional Hardware or
Software or upgrades thereto beyond that described in Exhibit 1 attached hereto shall be
provided to Principal at Tieketmaster's then current rates. The installation costs with respect to
the Hardware, the cost of all telephone line connections between the central computer facility
and the Facility, and all monthly telephone line costs with respect to the operation of the TM
System between the Facility and the central computer facility, shall be borne solely by Principal.
Ticketmaster agrees to provide ordinary and routine maintenance and repair of the TM System
at the Facility at no additional cost to Principal, provided that such maintenance or repair is not
necessitated by the negligence of Principal, its employees, agents or representatives.
Ticketmaster represents and warrants that adequate service and repair personnel on duty at the
central computer facility will be available to meet the reasonably anticipated service needs of
Principal from time to time. In the event of any breakdown or malfunction in the operation of
the Hardware, or difficulties encountered in connection with access to the Software, Principal
agrees to promptly notify Ticketmaster of any such malfunction to assist Ticketmaster in
performing its obligations hereunder. In the event of any emergency, Ticketmaster further
agrees to respond to such emergency as quickly as possible to provide Principal with repair
services.
(b) Nondurable operational supplies which are used at the Facility in connection with
the operation of the TM System, consisting of line printer paper and printer toner and ribbons,
shall be paid for by Principal, and Principal shall be responsible for maintaining adequate
supplies thereof to assure continuous operations at the Facility.
7. Limitation of Liability. In the event of any breach of this Agreement by
Ticketmaster which may be caused by the malfunction of the Hardware or Software or by
Tieketmaster's failure to provide required maintenance service and to keep the TM System in
operating condition, the limit of any claim of loss by Principal shall be no greater than the
proven financial loss sustained by virtue of such breach. In no event shall Ticketmaster be liable
for incidental or consequential damages for any breach of this Agreement. Neither occasional
short-term interruptions of service which are not unreasonable under comparable industry
standards nor interruptions of service resulting from events or circumstances beyond
Ticketmaster's reasonable control shall be cause for any liability or claim against Ticketmaster
hereunder, nor shall any such occasion render Ticketmaster in default under this Agreement.
8. Training of Facility Box Office Employees. Principal, or its designee, shall
staff the Facility Box Office at the Facility with its employees for the proper operation of the TM
System for Ticket sales made through thc Facility. Ticketmaster shall provide training to
Principal at no additional charge for training Principal's employees, agents or subcontractors
who shall be reasonably necessary for the initial staffing of the Facility Box Office and for
operation of the TM System at the Facility. Ticketmaster shall also provide additional training
at its cost to other employees, agents or subcontractors of Principal to the extent such training is
necessary as a consequence of changes in, or a modification of, the Hardware or Software or in
Ticketmaster's method of operation. To the extent of any change in personnel by Principal in
connection with Facility Box Office sales requiring additional training beyond that initially
contemplated hereunder, Principal agrees to absorb all of the expenses thereof, including trainer
costs which are currently $15.00 per trainer per hour.
9. Facility Box Office Ticket Pick-Up. At all times during the term of this
Agreement, Principal shall maintain a designated Facility Box Office location for the pick-up of
Tickets purchases through Telephone Sales. The pick-up location shall be open during the
normal hours of operation of the Facility Box Office.
10. Principal's Representative. During the term of this Agreement, Principal shall
designate in writing to Ticketmaster an individual who will serve as Principal's representative
with respect to the resolution of disputes which may arise in connection with the administration
of this Agreement. Principal initially designates Brahm Dubin, or his designee as Principal's
representative in such capacity.
11. Audit of Sales. At all times during the term of this Agreement, Principal shall
have the right at its own expense to audit Ticket sales for Attractions at Outlets and through
Telephone Sales made by Ticketmaster to assure its compliance with the terms of this
Agreement.
12. Attraction Set-Up. In order to effectively utilize Ticketmaster's distribution
technologies, within a reasonable time before (but in no event less than the time period described
below) the scheduled on-sale date of Tickets for each Attraction (the "on-Sale Date"), Principal
shall furnish Ticketmaster with all necessary information with respect to the proposed
arrangement of the Facility for such Attraction, including, without limitation, seating layout,
Ticket structure, discounts permissible, Ticket header information, color logos, entry
information, vision and hearing information, wheelchair and other accessible seating information
and such other information as is necessary for the proper sale of Tickets at the Facility Box
Office, at all Outlets and by Telephone Sales (collectively, the "Set-Up Information"). Included
in the Set-Up Information shall be Principal's prepared disclaimer respecting refund, the
purchaser's assumption of risk of injury, and such other relevant information as Principal shall
deem necessary or appropriate. The Set-Up information must be provided by Principal to
Ticketmaster at least five (5) business days prior to the On-Sale Date for new on-sales and for
new seating charts at any Facility. The Set-Up Information must be provided by Principal to
Ticketmaster at least two (2) business days prior to the On-Sale Date for new Attractions which
utilize seating charts then existing in the TM System. Notwithstanding anything contained
herein to the contrary, Ticketmaster shall have no responsibility and Principal shall, to the
extent permitted by law, indemnify and hold Ticketmaster harmless from and against any and
all liabilities, claims, expenses - or causes of action resulting from the inaccuracy of any Set-Up
Information furnished by Principal pursuant hereto.
13. Ticket Stock; Advertising.
(a) Tickets Sold at the Facility Box Office: Principal agrees to supply, at its
expense, all blank Ticket stock sold or printed at the Facility Box Office and shall have the right
to sell advertising on such Ticket stock; provided, however, that Ticketmaster agrees to provide
Ticket stock to Principal, at Ticketmaster's expense, in the event that Principal allows
Ticketmaster to sell advertising, with respect to all of such Ticket stock. Principal shall be
responsible for the security of Ticket stock in its possession and risk of loss of Ticket stock shall
shift to Principal upon the delivery thereof to Principal or Principal's authorized
representative, agent or employee.
(b) Tickets Sold Through Ticketmaster: Principal hereby grants to Ticketmaster
the right, in Ticketmaster's sole discretion, to advertise Attractions and the availability of
Tickets at the Facility Box Office, at all Outlets and through Telephone Sales and, in connection
therewith, to use the name and logo of Principal, the Attraction, the Facility and all other
information respecting the Attraction. Ticketmaster, in its sole discretion, may promote and
advertise on its own behalf, or on behalf of Principal or others, on all Tickets sold through the
TM System at all Outlets and through Telephone Sales. Principal may, during the term hereof,
provide and place advertisements in any form of media which Principal shall desire to promote
the availability of Tickets; provided, however, that in the event Principal shall place any such
advertisements its shall use its best efforts to cause the corporate name, logo, charge-by phone
number and Internet site address of Ticketmaster to be displayed in the advertisement, as well
as the address of the Facility and, if possible, the identity of the Outlets where Tickets may be
purchased.
(c) Advertising Revenue: Ticketmaster and Principal shall separately receive and
retain all income derived from advertising which each is entitled to sell under subsections (a) and
(b) above.
14. Accounting Procedures.
(a) Ticketmaster shall collect and deposit all Ticket Receipts derived from Ticket
sales for Attractions from all Outlets and Telephone Sales in an account to be maintained by
Ticketmaster at a financial institution selected by Ticketmaster. Withdrawals of all Ticket
Receipts to which Principal is entitled shall be made from such account by Ticketmaster and
delivered to Principal on Friday of each week with each weekly payment to be on account of
TM System Ticket sales for Attractions occurring during the period of Monday through Sunday
preceding such payment date. Each weekly payment shall be accompanied by a written
accounting.
(b) In the event that any Attraction is cancelled, postponed, or modified for any
reason (each, a "Cancelled Attraction") the amount of funds held by Ticketmaster on account of
Ticket sales for all Attractions ("Account Balance") (but specifically excluding therefrom the
amount of Ticket sales proceeds to which Ticketmaster is entitled hereunder) shall be held and
made available for distribution by Ticketmaster to consumers entitled to refunds. In the event
that the Account Balance is insufficient to make all refunds, Principal shall deliver the amount
of such deficiency ("Deficiency Amount") to Ticketmaster no later than 24 hours after notice by
Ticketmaster to Principal. Ticketmaster shall also have the right to set-off any Deficiency
Amount against any amounts held by Ticketmaster on behalf of Principal. It is agreed and
understood that Ticketmaster is the Ticket selling agent of Principal and therefore
Ticketmaster's agreement to make any refunds as the agent of Principal is subject and limited
to Ticketmaster holding or receiving from Principal the full amount of funds necessary to make
refunds to all consumers properly entitled to a refund. With respect to Cancelled Attractions,
subject to Section 14(a), Principal authorizes Ticketmaster to refund the Ticket price at each
Outlet with respect to Tickets sold at such Outlet and by Telephone Sales with respect to Tickets
sold by Telephone Sales, and to exchange Tickets pursuant to any exchange policy which may be
adopted by Principal and Ticketmaster. Principal and Ticketmaster agree that Ticketmaster
shall be entitled to retain the Inside Charges and Customer Convenience Charges assessable with
respect to the initial sale of Tickets to Cancelled Attractions although no additional
compensation shall be payable, or fee assessed by Ticketmaster, with respect to the exchange of
any Tickets initially purchases at any Outlet or by Telephone Sales. Principal shall be
responsible for any additional credit card charges incurred with respect to refunds of Tickets to
Cancelled Attractions, and for all refunds and exchanges of Tickets initially purchased at the
Facility Box Office.
(c) It is agreed and understood that Ticketmaster shall not be liable to Principal for
the printing and sale of counterfeit Tickets when such action is beyond the control of
Ticketmaster; provided, that Ticketmaster has previously taken reasonable efforts to prevent
the printing and sale of such counterfeit Tickets by adopting adequate control procedures.
15. Representation and Warranties.
(a) Each party represents and warrants to the other that:
(i) It is duly organized and in good standing under the laws of the State
indicated as its state of organization in the first paragraph of this Agreement and has adequate
power to enter into and perform this Agreement;
(ii) This Agreement has been duly authorized, executed and delivered on
behalf of such party and constitutes the legal, valid, and binding agreement of such party,
enforceable in accordance with its terms; and
(iii) The entering into and performance of this Agreement will not violate any
judgment, order, law, regulation or agreement applicable to such party or any provision of such
party's charter or bylaws, or result in any breach of, constitute a default under, or result in the
creation of, any lien, charge, security interest or other encumbrance upon any assets of such party
(or, in the case of Principal, result in any such enctunbrance upon the Hardware or Software),
pursuant to any instrument to which such party is a party or by which it or its assets may be
bound.
(b) Ticketmaster represents and warrants to Principal that:
(i) Ticketmaster owns and has title to the Hardware and license rights in and
to the Software; and
(ii) The Hardware and Software will perform, and operation of the TM
Systems, including all repair and service responsibilities, will be undertaken in a manner
reasonably adequate for the performance of Tieketmaster's obligations under this Agreement;
provided, however, that such warranties do not extend or become applicable with respect to any
delays, stoppages or malfunctions which are caused by the acts of any third parties, or which are
not under, or are caused by events or causes beyond, the control of Ticketmaster. PRINCIPAL
HEREBY ACNKOWLEDGES THAT ALL IMPLIED WARRANTIES EXISTING BY
OPERATION OF LAW, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPSOE, ARE EXPRESSLY
DISCLAIMED AND NEGATED BY THE EXPRESS WARRANTIES PROVIDED HEREIN.
(c) Principal represents and warrants to Ticketmaster that:
(i) Principal is the sole and exclusive operator of the Facility and has the sole
and exclusive rights and authority to enter into this Agreement and to schedule and present the
Attractions at the Facility; and
(ii) No agreement between Principal and any third party with respect to rights
to sell Tickets contains or shall contain any provision inconsistent with any provision of this
Agreement.
(d) The representations and warranties contained in this Section 15 shall be deemed
"material" as such term is used in Section 16, for all purposes related to this Agreement.
16. Event of Default; Termination.
(a) The occurrence of any of the following events, continued for 30 days after receipt
by the defaulting party of written notice thereof and the defaulting party's failure to cure the
same shall, at the non-defaulting party's option, constitute an Event of Default hereunder:
(i) the nonpayment by either party of any sums required to be paid or
remitted to the other party hereunder;
(ii) the default by either party under any material term, covenant or condition
of this Agreement, or the breach by either party of any material representation or warranty
contained herein;
(iii) any affirmative act of insolvency by either party, whether voluntary or
involuntary, or the filing by either party, or any third person against either party, of any petition
or action under any bankruptcy, reorganization, insolvency or moratorium law or any other law
or laws for the relief of, or relating to, debtors; provided, however, that no such act shall
constitute an Event of Default unless and until such party shall be unable to meet its obligations
to the other party under the terms of this Agreement; and provided that the parties agree that this
Agreement constitutes a financial accommodation by Ticketmaster to Principal as such term is
utilized in 11 U.S.C. {}365; and
(iv) the exposure of a substantial part of either party's property or of the
Hardware to any levy, seizure, assignment or sale for, or by, a creditor or governmental agency.
(b) Upon an Event of Default by Ticketmaster, Ticketmaster shall, without
demand, forthwith pay to Principal all amounts due and owing pursuant hereto, and Principal
may:
(i) require Ticketmaster to remove all Hardware from the Facility; and
(ii) terminate this Agreement.
(c) Upon an Event of Default by Principal, Principal shall, without demand,
forthwith pay to Ticketmaster all mnounts due and owing pursuant hereto and Principal
authorizes Ticketmaster to set-off any amounts owed to Ticketmaster hereunder against any
amounts held by Ticketmaster on behalf of Principal, and Ticketmaster may:
(i) terminate Principal's right to access and use the TM System and take
immediate possession of the Hardware wherever the same may be located without demand,
notice or court order; and
(ii) terminate this Agreement.
16. Event of Default; Termination.
(a) The occurrence of any of the following events, continued for 30 days after receipt
by the defaulting party of written notice thereof and the defaulting party's failure to cure the
same shall, at the non-defaulting party's option, constitute an Event of Default hereunder:
(i) the nonpayment by either party of any sums required to be paid or
remitted to the other party hereunder;
(ii) the default by either party under any material term, covenant or condition
of this Agreement, or the breach by either party of any material representation or warranty
contained herein;
(iii) any affirmative act of insolvency by either party, whether voluntary or
involuntary, or the filing by either party, or any third person against either party, of any petition
or action under any bankruptcy, reorganization, insolvency or moratorium law or any other law
or laws for the relief of, or relating to, debtors; provided, however, that no such act shall
constitute an Event of Default unless and until such party shall be unable to meet its obligations
to the other party under the terms of this Agreement; and provided that the parties agree that this
Agreement constitutes a financial accommodation by Ticketmaster to Principal as such term is
utilized in 11 U.S.C. §365; and
(iv) the exposure of a substantial part of either party's property or of the
Hardware to any levy, seizure, assignment or sale for, or by, a creditor or governmental agency.
(b) Upon an Event of Default by Ticketmaster, Ticketmaster shall, without
demand, forthwith pay to Principal all amounts due and owing pursuant hereto, and Principal
may:
(i) require Ticketmaster to remove all Hardware from the Facility; and
(ii) terminate this Agreement.
(c) Upon an Event of Default by Principal, Principal shall, without demand,
forthwith pay to Ticketmaster all amounts due and owing pursuant hereto and Principal
authorizes Ticketmaster to set-off any amounts owed to Ticketmaster hereunder against any
amounts held by Ticketmaster on behalf of Principal, and Ticketmaster may:
(i) terminate Principal's right to access and use the TM System and take
immediate possession of the Hardware wherever the same may be located without demand,
notice or court order; and
(ii) terminate this Agreement.
least 10 days prior written notice of cancellation or non-renewal to Ticketmaster. Principal
shall furnish Ticketmaster with certificates of such insurance or other evidence satisfactory to
Ticketmaster as to its compliance with the provisions of this Section.
(c) Hardware and Software is Personal Property: Principal covenants and agrees
that the Hardware and Software is, and shall at all times be and remain, personal property which
shall, at all times, remain the sole and exclusive property of Ticketmaster and Principal shall
have no right, title or interest therein or thereto except as a licenses user thereof. If requested by
Ticketmaster, Principal will obtain a certificate in form satisfactory to Ticketmaster from all
parties with a real property interest in the premises wherein the Hardware may be located,
waiving any claim with respect to the Hardware. Except as may be necessary to prevent damage
to or destruction of the Hardware, Principal will not move the Hardware nor permit such
Hardware to be moved without Ticketmaster's prior written consent, which consent shall not be
unreasonably withheld, and shall give Ticketmaster prompt written notice of any attachment or
other judicial process affecting any item of Hardware.
(d) Designation of Ownership: If, at any time during the term hereof, Ticketmaster
supplies Principal with labels, plates or other markings stating that the Hardware is owned by
Ticketmaster, Principal shall affix and keep the same in a prominent place on the Hardware in
recognition of Ticketmaster's ownership of the same.
(e) Use: Principal shall use the Hardware in a careful and proper manner and shall
comply with and conform to all federal, state, municipal and other laws, ordinances and
regulations in any way relating to the possession, use or maintenance of the Hardware. Neither
Principal, nor its employees, agents, servants or representatives, shall alter, modify, copy or add
to the Hardware or Software without the prior written consent of Ticketmaster.
(f) Surrender of Hardware: Upon the expiration or termination of this Agreement,
Principal shall return the Hardware to Ticketmaster in good repair, condition and working
order, ordinary wear and tear resulting from proper use thereof along excepted.
18. Taxes.
(a) Principal shall keep the Hardware free and clear of all levies, liens and
encumbrances and shall promptly reimburse Ticketmaster for all license fees, registration fees,
assessments, charges and taxes, whether municipal, state or federal, with respect to the Hardware
located at the Facility, including, but not limited to, use, excise and property taxes, and penalties
and interest with respect thereto, except and excluding, however, any taxes based on or measured
solely by Ticketmaster's net income.
(b) Principal shall be responsible for the payment of any and all sales, amusement,
admissions and other taxes or charges, measured by reference to a charge per ticket sold, due to
any municipality or state as a result of, or in connection with, any Attraction held at the Facility
(collectively, "Attraction Taxes") and for timely remitting same to the appropriate governmental
authority. Principal shall promptly reimburse Ticketmaster for any and all such Attraction
Taxes paid by Ticketmaster to any governmental authority on behalf of Principal (other than
11
Attraction Taxes paid by Ticketmaster directly from proceeds of the ticket sales generating such
Attraction Taxes), including penalties and interest with respect thereto, and including any and all
expenses (including attorneys' fees) or damages that result from a failure by Principal to
properly remit or reimburse Ticketmaster for any and all such Attraction Taxes as provided
above.
19. Assignment. Without the prior written consent of Ticketmaster, Principal shall
not (i) assign, transfer, pledge or hypothecate its rights in this Agreement or any interest therein,
or (ii) permit the Hardware or any part thereof to be used, or access to the Software or any part
thereof to be had, by anyone other than Principal or Principal's authorized employees, agents or
subcontractors. Any such assignment shall not relieve Principal of any of its obligations
hereunder. Without the prior written consent of Principal, Ticketmaster shall not assign nor
transfer its rights in this Agreement or any interest therein, except in the event of an assignment
by Ticketmaster to any parent, subsidiary, affiliate or successor-in-interest (including, without
limitation, a successor by virtue of an acquisition), in which event no such consent shall be
required. Any assignment, transfer, pledge or hypothecation for which consent is required
hereby and which is made without such consent shall be void.
20. Indemnity.
(a) Principal shall, to the extent permitted by law, indemnify Ticketmaster and its
successors, assigns, officers, directors, employees and agents (collectively, for purposes of this
Section, "Ticketmaster's Indemnities") against, and hold Ticketmaster's Indemnitees harmless
from, any and all claims, actions, damages, expenses (including court costs and reasonable
attorneys' fees), obligations, losses, liabilities and liens, imposed on, incurred by, or asserted
against, Ticketmaster's Indemnitees occurring as a result of, or in connection with: (i) any
Event or Default under this Agreement by Principal; (ii) Principal's use of the TM System or
possession and use of the Hardware; or (iii) any Attraction held at the Facility; except to the
extent that any such claim shall relate to Ticketmaster's negligence or willful misconduct with
respect thereto.
(b) Ticketmaster shall indemnify Principal and its successors, assigns, officers,
directors, employees and agents (collectively, for purposes of this Section, "Principal's
Indemnitees") against, and hold Principal's Indemnitees harmless from, any and all claims,
actions, damages, expenses (including court costs and reasonable attorneys' fees), obligations,
losses, liabilities and liens, imposed on, incurred by, or asserted against, Principal's Indemnitees
occurring as a result of, or in connection with: (i) any Event of Default under this Agreement by
Ticketmaster; or (ii) any alleged patent, trademark or copyright infringement asserted against
Principal's Indemnitees with respect to Principal's use of the TM System; except to the extent
that any such claim shall relate to Principal's negligence or willful misconduct with respect
thereto.
2 I. No Joint Venture. The relationship of Ticketmaster and Principal hereunder
shall in no way be construed to create a joint venture or partnership, or to constitute either party
as an agent or employee of the other party for any purpose other than as set forth herein.
12
22. Restrictive Covenant. Principal recognizes and acknowledges that the TM
System as it now exists, including the Hardware and Software associated with the TM System
and all improvements in the state of the art relative thereto, represents a valuable, special and
unique asset of Ticketmaster. Principal consents and agrees that it will not, during or after the
term of this Agreement, disclose any trade secrets of Ticketmaster as defined by Section
812.081, Florida Statutes, as may be amended from time to time, relating to the TM System, the
Hardware or the Software, or applications, adaptations and modifications thereof, whether now
existing or developed in the future, to any person, firm, corporation, association or entity for any
reason or purpose whatsoever, provided, however, that this covenant shall not apply with respect
to any information which becomes a matter of general knowledge within the public domain or if
principal is obligated to disclose same by reason of any court order, rule or regulation applicable
to the conduct of its business. Principal does further agree and acknowledge that any remedy at
law for any breach or threatened breach of the provisions of this Section and the covenants set
forth herein will be inadequate and, accordingly, Principal grants to Ticketmaster the right and
entitlement to seek injunctive relief, without the posting of bond, for any such breach or
threatened breach of the provisions and covenants herein in addition to, and not in limitation of,
any and all other remedies at law or in equity otherwise available to Ticketmaster. The
expiration or termination of this Agreement by either party shall not terminate the continuing
confidentiality obligations defined by Section 812.081, Florida Statutes on Principal by the
terms of this agreement.
23. Miscellaneous.
(a) Notices: Any notice required or permitted to be given by the provision hereof
shall be conclusively deemed to have been received by a party hereto on the day it is delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or, if sent by registered or certified mail, on the third business day
after the day on which mailed, addressed to such party at such address:
(i) If to Ticketmaster, at: Ticketmaster-Florida, Inc.
225 East Robinson Street, Suite 355
Orlando, Florida 32801
Attn: Donna Dowless, Executive V.P.
and: Ti~n O'Leary, General Manager
and: Ticketmaster L.L.C.
3701 Wilshire Blvd., Ninth Floor
Los Angeles, California 90010
Attn: Terry Barnes, President and C.E.O.
and: Daniel R. Goodman, Esq., Executive V.P. and
General Counsel
(ii) If to Principal at:
13
(b) Effect of Waiver: No delay or omission to exercise any right or remedy in favor
of Ticketmaster or Principal upon any breach or default hereunder shall impair any such right
or remedy or be construed to be a waiver of any such breach or default; nor shall any waiver of
any single breach or default be deemed a waiver of any other breach or default theretofore or
thereafter occurring. Any waiver, permit, consent, or approval on the part of Ticketmaster or
Principal of any breach or default under this Agreement, or of any provision or condition hereof,
must be made in writing and shall be effective only to the extent specifically set forth in such
writing.
(c) Attorneys' Fees: In the event of any action at law or suit in equity in relation to
this Agreement, the prevailing party shall be entitled to the reasonable amount of its attorneys'
fees and costs.
(d) Applicable Law: This Agreement shall be governed by, construed, interpreted,
and enforced under the laws of the State of Florida and the United States without regard to
conflict of laws provisions thereof. The sole jurisdiction and venue for actions related to the
subject matter hereof shall be Florida state and United States federal courts having within their
jurisdiction in Palm Beach County, Florida. Principal consents to the jurisdiction of such courts
and hereby waives, to the fullest extent permissible, the defense of an inconvenient venue or
forum to the maintenance of any such proceeding.
(e) Additional Documents: Each of the parties hereto agrees to execute and deliver
such additional and further documents and instruments as may be necessary or appropriate to
carry out the intents and purposes of this Agreement.
(13 Severability: In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision of this
Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein. Further, in the event that any provision of this
Agreement shall be held to be unenforceable by virtue of its scope, but may be made enforceable
by a limitation thereof, such provision shall be deemed to be amended to the minimum extent
necessary to render it enforceable under the laws of the jurisdiction in which enforcement is
sought.
(g) Confidentiality: Principal shall be obligated under the terms and provisions of
Section 812.081, Florida Statutes. In the event that such disclosure is sought by subpoena,
document request, notice of deposition or other legal proceeding, Principal agrees to notify
Ticketmaster, pursuant to Section 23 (a) hereof, within forty-eight (48) hours after receipt of
such legal document and Principal agrees to cooperate, to the extent permitted by law, with
Ticketmaster in any attempt to obtain a protective order.
(h) Binding Effect: The terms, conditions, provisions and undertakings of this
Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their
respective successors and permitted assigns.
14
(i) Amendments: This Agreement shall not be changed, modified, altered or
amended in any respect without the mutual consent of the parties hereto, which consent shall be
evidenced by a written amendment to this Agreement executed by the parties hereto.
(j) Entire Agreement: This written Agreement and any Exhibits hereto constitute
the sole and only agreement of the parties relating to the matters covered hereby. Any prior or
contemporaneous agreements, promises, negotiations or representations not expressly set forth in
this Agreement are of no force or effect. This Agreement supersedes any and all existing
contracts and agreements by the parties with respect to the subject matter covered herein.
(k) Force Majeure: Neither party hereto shall be deemed to be in default hereunder,
and no Event of Default shall be deemed to have occurred, as a result of any delay or failure of
performance which occurs due to any war, flood, fire, hurricane, earthquake, civil disturbance,
act of God or other event beyond such party's reasonable control, including without limitation
the failure of any computer system or embedded computer microprocessor to process or correctly
interpret date data involving any date on or after January 1, 2000 (any such event is referred to
herein as a "Force Majeure"), but only for so long as such Force Majeure shall continue to
prevent such performance.
(1) Counterparts: This Agreement may be executed in one or more counterparts, all
of which shall be deemed to be one and the same document.
(m) Third Parties: Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any person
other than the parties hereto and their respective heirs, successors, legal representatives, and
permitted assigns, nor is anything in this Agreement intended to relieve or discharge the
obligation or liability of any third persons to any party to this Agreement, nor shall any provision
thereof give any third person any right of subrogation or action over or against any party to this
Agreement.
IN WITNESS WHEREOF, Ticketmaster and Principal have caused this Licensed User
Agreement to be duly executed as of the date first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
15
WITNESS: TICKETMASTER-FLORIDA, INC.
By:
Name Printed:
Title:
(print or type name)
SEAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
, 1998 by , of
TICKETMASTER-FLORIDA, INC., a Florida corporation, on behalf of the corporation.
He/She is personally known to me/or has produced (as identi-
fication.
Signature of Notary Public
16
EXHIBIT 1
HARDWARE SCHEDULE
Location of Hardware Quantity Description
Facility Box Office
Delray Beach Tem~is Center
30 Northwest l~t Avenue
Delray Beach, FL 33444 One (1) CRT
One (1) Ticket Printer
One (I) Report Writer
EXHIBIT 2
PER TICKET CUSTOMER CONVENIENCE CHARGES
Ticket Face Value Outlets .Telephone
$0.00 - $12.00 $2.25 $2.75
$12.01 - $20.00 $2.75 $3.25
$20.01 - $30.00 $3.50 $4.00
$30.01 - $40.00 $3.75 $4.50
$40.01 and above $4.25 $5.25
Ticketmaster shall be entitled to increase the Customer Convenience Charge in respect of Tickets
sold through Outlets and by Telephone Sales by $0.25 per annum for Attractions with a Ticket
face price of $12.00 or more.
[lTV OF OELRI:I¥ BERI:H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
~'"America CiI
DATE: October 28, 1999
TO: City Commission
David T. Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Contracts Related to the Worthing Place Development
There are three contracts submitted for your consideration. The first contract is between
the CRA and the Buyers, the City being a third party beneficiary and not a signatory to the
contract. The second contract is an interlocal agreement between the City and CRA. The
third contact is between the Developer and the City. The second and third agreements
require formal City Commission action.
I. Contract for Sale and Purchase Between the CRA and Block 77
The following are the highlights of the agreement:
1. The City is to convey or abandon property shown as Parcels P, R, U, V, W, X,
Y and Z, referred to as City property, to the CRA. The CRA will convey Parcel
S (Lots 14 and 15) and the City property to Block 77.
2. Developer shall build up to 219 residential units and up to 18,000 square feet of
commercial or retail space on Block 77.
3. The contract specifically states that the contract does not vest or create
entitlement to the 219 units or 18,000 square feet of commercial retail space.
4. Closing is to occur thirty (30) days following the fulfillment of the following
items:
a) a $25 million financing contract,
b) site plan approval, licenses, building permits and all governmental
approvals,
City, Commission
David T. Harden, City Manager
October 28, 1999
Page 2
c) buyer shall also provide a deed in escrow to the City of a portion of
Block 69 for the public parking facility to be conveyed to the City after
completion of the public parking facility,
d) release of unity of title to present GRIP parking,
e) a market study showing economic viability of the project,
f) presentment to CRA ofpredevelopment costs,
g) a payment/performance bond callable by the City and CRA for 110% of
construction costs,
h) obtaining title to City and CRA property through the CRA,
i) the City to obtain a temporary easement to the existing 63 public
parking spaces at closing for the period of time until the Block 69 public
parking structure is conveyed to City,
j) entering into the Parking Facility Construction and Conveyance and
Working Park Funding Agreement,
k) a contribution of Developer of $100,000 for the development of
Worthing Park by the City and the transfer to the City of the plans
previously drawn for the City's use, if it desires to do so,
1) the delivery of a license agreement from GRIP acceptable to the City for
55 fulltime and 40 part-time spaces in the Block 69 public parking
facility.
5. The contract contains repurchase rights and rights of first refusal.
6. The Buyer shall obtain and pay for all utilities, relocation thereof and utility
easements.
7. If the closing does not occur within 12 months of execution of the contract, the
agreement can be terminated by either party.
II. lnterlocal Agreement Between the City and the CRA
The following are highlights to this agreement:
1. The agreement calls for a simultaneous closing on the transfer of City land to
the CRA with the closing between the CRA and Block 77, with abandonments
and property transfers to be effective as of the date of closing.
City, Commission
David T. Harden, City Manager
October 28, 1999
Page 3
2. Contains a requirement that if the CRA reacquires the lands under its right of
repurchase or right of first refusal, the City lands will be re-conveyed back to
the City.
III. Public Parking Facility Construction and Conveyance and Worthing Park
Contribution Agreement
The following are highlights of this agreement:
1. The Developer will build a public parking facility on Block 69 to be deeded in
fee simple to the City upon completion of the public parking facility.
2. The public parking facility shall contain 107 public parking spaces together
with 40 part-time public parking spaces of the 95 GRIP parking spaces.
3. The Developer shall grant the City a temporary exclusive easement for the use
of its present 63 spaces until completion of the public parking facility on Block
69.
4. Subject to force majeure, the public parking facility will be completed within
18 months of the execution of the CRA contract or issuance of building
permits, whichever occurs last. (Developer must submit an application for
building permit within 5 days following the closing of the CRA contract).
5. The agreement provides for a performance bond to ensure completion of the
facility and a 1-year maintenance bond after completion and transfer of the
facility to the City.
6. The City may, in addition to calling on the performance/payment bond, elect to
have Developer reconvey to the City the existing 63 spaces on Block 77 if the
Developer fails to get a C.O. by the completion date.
7. The Developer will pay $100,000 for Worthing Park improvements to be made
by the City.
8. The Developer acknowledges that the execution and delivery of this agreement
does not vest or in any manner create an entitlement in Developer to approvals.
Please call me if you have any questions.
SAR:sm
Attac
cc: Alison MacGregor Harty, City Clerk
CON~itAC'~ FOR SA.LB, PuRcHAsI~, ~ DEVELOPMEN~ AGREEM~9~
P~RTIES~ DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, of 24 North swinton
Avenue, Delray Beach, Florida 33444 (Phone= 276-8640), ("Seller"), and BLOCK 77
DEVELOPMENT GROUP, L.C., ("BuYer#), of 5000 Blue Lake Drive, Suite 1§0, Boca
Raton, Florida 33431, (Phone= ), hereby agree that the Seller shall
sell and Buyer shall buy the following real property ("Real Property-) and
personal property ("Personalty") (collectively "Property") upon the following
terms and conditions which INCLUDE the Standards for Real Estate Transactions
attached ("~tandard~s~") and any addendum to this instrument.
I. DESCRIPTIONs
(a)Legal descriptions of Real Property located in Palm Beach County,
Florida=
Parcel Ps That part of the 16 foot wide alley right of way lying
South of and adjacent to Lots 4, 5 and 6, Block ?7, TOWN OF LINTON
(now Delray Beach), according to the Plat thereof as recorded in
Plat Book 1, Page 3 (sheet 2) of the Public Records of Palm Beach
County, Florida.
Parcel R~ That part of the 16 foot wide alley right of way lying
West of and adjacent to Lots 14 and 15, Block 77, TOWN OF LINTON
(now Delray Beach), according to the Plat thereof as recorded in
Plat Book 1, Page 3 (sheet 2) of the Public Records of Palm Beach
County, Florida.
Parcel S= Ail of Lot 14 and the North 65.2 feet of Lot 15, Block
77, TOWN OF LINTON (now Delray Beach), according to the Plat thereof
as recorded in Plat Book 1, Page 3 (sheet 2) of the Public Records
of Palm Beach County, Florida.
Farce1 u= The south 59.84 feet of Lots 4, 5, and 6, Block 77, TOWN
OF LINTON (now Delray Beach), according to the Plat thereof as
recorded in Plat Book 1, Page 3 (sheet 2) of the Public Records of
Palm Beach County, Florida.
Parcel V= The North 16.0 feet of Lot 13, Block 77, TOWN OF LINTON
(now Delray Beach), according to the Plat thereof as recorded in
Plat Book 1, Page 3 (sheet 2) of the Public Records of Palm Beach
County, Florida.
Parcel Ws Lot 13, LESS the North 16.00 feet thereof, Block 77, TOWN OF
LINTON (now Delray Beach), according to the Plat thereof as recorded in
Plat Book 1, Page 3 (sheet 2) of the Public Records of Palm Beach County,
Florida.
~rc~l X= The North 16.0 feet of Lot 7, Block 77, TOWN OF LINTON
(now Delray Beach), according to the Plat thereof as recorded in
Plat Book 1, Page 3 (sheet 2) of the Public Records of Palm Beach
County, Florida.
Parcel Y~ Lot 7, LESS the North 16.0 feet thereof, Block 77, TOWN OF
LINTON (now Delray Beach), according to the Plat thereof as recorded in
Plat Book 1, Page 3 (sheet 2) of the Public Records of Palm Beach county,
Florida.
Parcel Z~ That part of the 16 foot wide alley Right-of-Way lying
West of and adjacent to Lot 13, Block 77, TOWN OF LINTON (now Delray
Beach), according to the Plat thereof as recorded in Plat Book 1,
Page 3 (sheet 2) of the Public Records of Palm Beach County,
Florida.
(b) street address, city, zip, of the Properties are:
(c) Personalty~ None
II. PURCHASE PRICE PAID TO CRA, ........................... $ 180,000,00
PA~MEH~
(a) Deposit to be held in escrow by Robert W.
Federspiel in the amount of $ 50.000.00
(b) Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments and prorations $ ~$0,000~00
III. TITLE EVIDENCES Within seven (7) days after the execution of this contract
Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in
accordance with Standard A, (CHECK (1) OR (2)): (1)~abstract of title or
title insurance commitment and, after closing, owner.s policy of title insurance.
Iv. CLOSING DATEs SEE ADDENDUM TO CONTRACT FOR SALE AND PURCHASE CLAUSE C
ATTACHED HERETO.
V. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to
the subdivision; public utility easements of record (easements are to be located
contiguous to Real Property lines and not more than 10 feet in width as to the
rear or front lines and 7% feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed mortgages
and purchase money mortgages, if any; other None; provided that there exists at
closing no violation of the foregoing and none of them prevents use of Real
Property for residential purposes.
VI. OCCUPANCY~ The property shall be unoccupied as of the date of closing.
seller agrees to delivery occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer
assumes all risk of loss to Property from date of occupancy, shall be responsible
and liable for maintenance from that date, and shall be deemed to have accepted
Property in their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VII. TYPEWRITTEN OR HANDWRITTEN PROVZSXONS8 Typewritten or handwritten
provisions shall control all printed provisions of contract in conflict with
them.
VIII~ RIDERS: (CHECK if any of the following Riders are applicable and are
attached to this Contract):
a)Dcoastal construction control Line Rider
b)DCondominiumRider
c)~Foreign Investment in Real Property Tax Act Rider
d)~Insulation Rider
e)~FHA/VA Rider
f)~Other:
IX. ASSIGNABILITY8 (CHECK (1) 0R (2)): Buyer (1)Dmay assign or (2)lmay not
assign Contract.
X. SPECIAL CLAUSES~ (CHECK (1) OR (2)): Addendum (1)lis attached OR (2)~is
not applicable.
EX, TIME XS OF THE ESSENCE OF *X~HIS CONTRACT.
xxx. DXSCLOSm~Ss nuyer Gacknowledges or ~does not acknowledge receipt of
the agency/radon/compensation and estimated closing costs disclosures.
BU~ER*S INITIALS
Buyer Date Seller Date
social Security social Security or Tax ID No. or Tax ID No.
Buyer Date Seller Date
social Security social Security
or Tax ID No. or Tax ID No.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDEN(~OF'TITLE, =(1)An abstract of title prep·red or brought current by a reputable and existing abstract firm (if not
ex~et~ngthen certified ma c~rmect ~yan e~/ating firm) purpo~ting to be mn accurate synopsis of the instruments affecting title
to Real Property recorded in the pu~lio records of the county wherein R··l Property is loc·ted, through Bffective Date ·nd which
shall c~mmance with the earliest public recordst or such later date ·s may bm ~uetc~ary in th· county. Upon closing of this
transaction the ah~tr·ct shall because the pro~erty of Buyer, subject to the right of retention thereof by first mortgagee until
fully paid. (2) ~ title insurance oo~mitment issued by · Florida licensed title insurer agreeing to issue to Buyer, u~on
recording of the Warranty Deed to Buyer· an o~nor, s policy of title in·ur·nee in tho ~mount of th· purchase price, insuring
~uyer's title to.al Prc~ertyt subject only to liofls, encumbrances, exceptions or qualification set forth in thio Contract ·nd
those which shall be discharged by Seller et or before closing. Seller shall convey · ~arketable title subject only to liens,
encumbrances, excel~cions or qualifications set forth in contract. Marketable title shall be determined according to applicable
Title Standards adopted by authority of The Florida Bar ·nd in accordance with law. Buyer shall have 30 days, if abstract, or
5 days, if title c~--4tment· from date of receiving evidence of title to ex,mine it. If title is found defective, Buyer shall,
within 3 days, notify Seller tn writing s~ecifying defect(a). If the defect(s) render title unmarketable· Seller will have 120
days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting
the title as it then is or demanding · refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer
a~d Seller shall release one another of all further ~ligations under the Contract. Seller will, if title is found unmarketable,
use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing, of necessary suits.
B. PURCHASE MONEY MO~TGAG~ SECt~tI"~YA~3~ENTTO S~x.~ A purchase money mortgage and mortgage note to Seller shall provide
for a 30 day grace perio~ in the event of default if a first mortgage and · 15 day grace peric~ if second or lesser mortgage~
shall provide for right of prepayment in whole or in part without penalty~ shall not permit accel·ration or interest adjustment
in event of resale of Real Pr°~erty~ shall require all prior lien and encumbrances to be kept in good standing and forbid
mc~ifications of or future advances under prior mortgage(s)~ ·nd the mortgage, note and security agreement shall be otherwise
in form and content required by Beller~ but Seller may only require clauses customarily found in mortgagee, mortgage notes, and
security agreements generally utilised by saving and loan institutions, or state or national banks loc·ted in the county wherein
Real Pr~erty ia 1ousted. All Personalty and leases being conveyed or assigned will, at Seller's option, be subject to the lien
of · security agreement evidenced by recorded financing~statements. If · balloon mortgage, the final payment will exceed the
periodic payments thereon.
C. SURVEY~ Suyer~ ·t Buyer's expense~ within time all,wed to deliver evidence of title and to examine a~me, may have Real
Property surveyed ·nd certified by · registered Florida surveyor. If survey ebons encroachment on Real Property or that
improvements loc·te~ on Real Pro~erty encroach on setback lines, easements, lands of others, or violate ·ny restrictions,
Contract covenants or applicable g~vernmental re~ul·tion, the same shall constitute a title defect.
E. ~NG~ESS AND BGR~SS~ seller warrants and represents that there is ingress and egress to the Real Property sufficient for
the intended use ·s described in Per·graph VII hereof, title to which is in accordance with St·nd·rd A.
F. LIENS~ Seller shall furnish to Buyer ·t time of closing an affidavit attesting to the absence, unless otherwise provided
for herein, of any financing statements, claims of lien or potential Il·nors known to Seller ·nd further attesting that there
have been no improvements or rep·irs to Property for 90 days immediately preceding date of closing. If Property has been
improved, or rep·ired within that time, Seller shall deliver releases or waivers of mechanics, liens executed by all general
contractors, subcontractors, suppliers, and materialman in addition to Sellsr.e lien affidavit setting forth the names of all
such general contractors, subcontractors, suppliers and materialman end further ·ffirm~ng that ·11 charges for improvements or
re,airs which could serve as · basis for · mechanic's lien or · claim for damages have been paid or will be paid at closing of
this Contract.
G. PLACE OF CLOSING~ Closing shall be held in the county where Real Property is loc·tad, at the office of the attorney or
other closing agent design·ted by seller.
B. TIMer Time periods herein of less than g days aha11 in the computation exclude Saturdays, Sundays and state or national
leg·[ holidays, and any time perird provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5500
p.m. of the next business day.
I. DOCUMENT~ FO~CLOSlNG~ Seller shall furnish Warranty Deed, bill of sale, mechanic's lien affidavit, assignments of leases,
tenant ·ed mortgage estoppel letters· an~ corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note,
security agreement, and financing statements.
J. E~PENSES~ Documentary etam~e on the Warranty Deed and recording corrective instruments shall be paid by Seller. Documentary
stamps, intangible tax and recording purchase money mortgage to Seller, Warranty Deed and financing statements shall be paid by
Buyer.
K. PRO~ATIONS~ C~EDITS~ Taxes, assessments, rent, interest, insurance and other expenses end revenue of Property shall be
prorated through day before closing. Buyer shall have the option of taking over any existing policies of insurance, if assumable,
in which event premiums shall be prorated. Cash et closlng shall be increased or decreased es may be required by prorations.
Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits
will be credited to Buyer and eecr~ de~osits held by mortgagee will be credited to Seller. Taxes ah·Il be prorated based on the
current year's tax with due allowance made for max/mum allo~able discount, homestead and other exemptions. If closing occurs at
a date when the current year's millage ia not fixed, and current year.s assessment is avail·hie, taxes will be prorated based
upon such assessment and the prior ye·r,s millage. If current year's assessment is not ay·liable, then taxes will be prorated
on the prior year,s tax. If there are completed improvements on Real Property by January let of year of closing which
improvements were not in existence on January let of the prior year than taxes shall be prorated based upon the prior ye·r.s
millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County
Property Appraiser for an informal assessment takin~ into consideration available exemptions. Any tax proration ba~ed on an
estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a
statement to that effect ia in the closing statement.
L. SPECIAL ASSESSMENT LIBNS~ Certified, confirmed and ratified special assessment liens aa of date of closing (not aa of
Effective Date) are to be paid by Seller. Pending liens ·s of date of closing shall be assumed by Buyer. If the improvement has
been substantially cc~pleted ·s of Effective Date, such pending lien shall be considered as certified, confirmed or ratified end
Seller aha11, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body.
N. ~BK OF ~Sz If the P~y ~s d~aged by f~re or other casualty before closing and coe~ of restoration does not exceed
3% of the sase. Bed vAlua~ion of the Property .o d~aged, cost of restoration .ha~l be an ob~gation of the seller and
3% of the asses.ed valuation of the impr~emente so d~aged, Buyer shall have the option of either taking Prope~y as ~,
t~ether w~th e~ther the 3% or any insurance proceeds payable by virus o~ .cch loss or d~age, or of canceling Contract and
receiving retu~ o~ deposit(s).
O. PR~BEDS OF S~; C~SZNG PR~EDU~z The Warranty Deed aha11 be recorded upon clearance of funds. If abstract, evidence
o~ titXm mht~ ~ continued at Buyer's m~nmm to mh~ tit~m in Buyer, without an~ encu~rancea or charge which wou~d render
Seller's title u~ket~le f~ the date of the last ~dence. P~e~. of the sale sha~l be held ~n e~cr~ by Seller's attorney
or ~ luch other ~tually accept~le eecr~ agent for a ~r~ of not longer than 5 days from and after closing date. If
title I. re~er~ u~rket~le, t~gh no ~ault o~ Buyer, Buyer *hall, within the ~ day ~er~, notify Seller in writing o~ the
the defect, all deceit{e) shall, upon written demand by Buyer and within 5 day. after demand, be returned to Buyer and
*~t~e~ly w~th such reagent, Buyer ehal~ retu~ Personalty and vacate Real Prope~y and reconvey ~t to Belier by Warranty
~nte~en~ng defe~ except as may be available to Buyer by virus of warrant~e, contained ~n the Warranty Deed. ~f a po~lon of
the ~le price ~l to be deriv~ fr~ inltitutiona~ ~inanoing or refinancing, retirements of the lending ~nstitut~on a~ to
place, t~ of day and procedures for closing, and for disbursement of me,gage pr~eedl shall control over coatra~
withhold diebur.~ent of me, gage ~roceeds aa a result of any title defect attributable to ~uyer-mo~gago=. The eacr~ and
cloai.g ~ure r~red by this Standard may be waived if title agent insures adver.e matters pursuant to Section 627.7841~
F.S.(1989), a~ ~.na.a.
P. ~1 ~y eacr~ agent ("Aqent") receiving fu~e or e~ivalent is authorized and agreel by acceptance of them to deposit
Failure of clearance of ~unde shall not excuse Buyer's ~erf~ance. If ~n doubt as to Agent'~ duties or l~abil~tie, under the
prov~e~on~ o~ Contract, Agen~ ~y, at Agent'~ o~tion, continue to ~old the subject matter of the e~cr~ until the
~tua11~ agree to ~ta disbursement, or until a ~u~ent o~ a cou~ o~ c~petent ~ur~ed$ction shall dete~lne the right, o~ the
~ies or Agent ~y de~ait with the clerk of the circuit cou~ having Jurisdiction of the dispute. Upon notifying all
conce~ ct such action, all liability on the pa~ of Agent shall fully te~inate, except to the extent of accounting for any
items previously delivered out of escr~. If a licensed real estate broker, Agent will c~ly ~ith provisions of Chapter 475,
F.S.(1989), as ~ended. Any suit between Buyer and Seller where Agent is made a pa~y because of acting aa Agent hereunder,
in ~y suit ~erein Agent inte~lead, the subie~ ~tter of the eacr~ Agent shall rec~er reasonable attorneys' ieee and costa
incurred with the fees and costa to be paid fr~ and out of the escr~ed funds or e~ivalent and charged and awarded as court
coats in favor of the prevailing pa~y. Parties agree that Agent shall not be liable to any pa~y or person for miadelive~
of Agent.
Q. ~ ~ ~: In any litigation iriein~ out of this Contract, the ~revai~ing pa~y in such litigation which, for
the pu~se, of th~. Standard, shall include Seller, Buyer, l~.t~ng broker, Buyer's broker and any .ubagent~ to the listing
broker or Buyer.. broker~ .hal~ be entitled to rec~er reason~le attorney, s fees and
R. FAIL~ OF PE~O~CEz ~f Buyer fails to perfo~ th~s Contract within the time specif~ed (inc~uding pa~ent of
de~ait(~))~ the de~eit(s) paid by Buyer and de~s~t(s) ~greed to be paid, may be retained by or for the account of se~ler
agre~ u~ li~idat~ d~es~ consideration for the exertion of this Contract and ~n full settlement of any claims~ whereupon,
Buyer and Be~ler shall be relieved of all ob~gations under Contract~ or seller~ at Se~ler's option, may proceed ~n equity to
enfo~Selle=., r~ghts under th~l Contract. If, for any reason other than failure of Seller to make Seller's title marketable
ele~ to receive the retu~ of Buyer's de~sit(a) without thereby waiving any action ~or d~age, resulting fr~ Se~ler'e breach.
S. ~ N~ ~~; P~ONS ~; N~I~ Neither this Contract nor any notice of it ihall be recorded in any ~ub~ic
re~s. This C~tra~ .hal~ bi~ a~ ~nure to the ~nef~t of the pa~es And their successors in ~nterest. Whenever the context
~t., .~n~lar shall include plura~ and one gender sh~l~ ~nclude a11. Notice given by or to the a~torn.y for any pa~y
T. CO~Y~I Seller Ihll~ convey t~tle ~o Real Prope~y by .tatuto~ warranty, t~etee.s, personal representative'l or
~a~'l de~, aa a~roprlate to the statue of Seller~ lub~ect only to matter~ contained in Para,rash VII and thole othe~i~e
aocept~ by Buyer. Personalty aha~l, at re~e.t of Buyer, be transferred by an absolute bill of sale with warranty of title,
.ubJect only to such matters as may be othe~iae pr~id.d for herein.
U. ~'~A~~ No prior or present agreements or representations shall be binding u~on Buyer or seller unless included
in th~a Contract. No m~ificatAon or change in this Con~ract shall be valid or binding u~on the ~artiea unle.e in writing and
execut~ b~ the pa~ or pa~iee intended to ~ ~und by
V. W~IESz Seller warrants that there are no facts kn~n to Seller materially affecting the value of the Real
which are not readily obee~able by Buyer or which have not been d~eclosed to Buyer.
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
BUYER: BLOCK 77 DEVELOPMENT GROUP, L.C.
XIII. SPECIAL CLAUSES (Continued):
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it
is accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your
county public health unit. Paragraph N of the Standards for Real Estate
Transactions in the Contract is hereby deemed to include an inspection for
radon gas.
B. DUE DILIGENCE/BUYER'S RIGHT TO CANCEL. The parties acknowledge
and agree that the Property is being sold in its "as-is" condition and the Buyer
hereby acknowledges that Buyer has heretofore had an opportunity to inspect
the Property and perform such tests as desired and have determined the same
to be acceptable. Notwithstanding the foregoing, Seller represents that to the
best of Seller's knowledge there are no latent defects known to Seller, the
existence of which are not readily discoverable by standard due diligence
undertakings.
C. Notwithstanding the provisions of Article 4 of this Contract, the title insurance
commitment, together with copies of each such exception, or at a minimum a
list of proposed permitted exceptions to appear in the title insurance
w/block77/cra/addendum.Olw.jav. 102899 Page 1
commitment, shall be delivered by or on behalf of Seller to Buyer not later than
ten (10) days following the Effective Date of the Contract.
D. Subject to the provisions of Section K of this Addendum, the Closing of the
transaction herein contemplated shall occur on the first business day falling
thirty (30) days following the satisfaction of the last of the conditions.precedent
to Closing hereinafter numbered as Items 1 through 12, inclusive, the
satisfaction of each of which Buyer shall exert diligent effort to obtain:
1. Buyer having certified to Seller, Buyer's receipt of a financing
commitment for the lending of funds in an amount not less than Twenty-
Five Million and No/100 ($25,000,000); to be utilized to acquire the
Property and to construct and develop the Project (as hereinafter
defined), as generally described in Buyer's response to the Request for
Proposals ("RFP") issued by the Seller, which response was accepted by
Seller, and as otherwise specified in this Contract, unless, however, a
lesser amount of financing is determined by Buyer in Buyer's sole and
absolute discretion to be satisfactory upon terms acceptable to the
Buyer. Buyer shall deliver to Seller those pertinent provisions of the
financing commitment evidencing Buyer's lender's compliance with the
requirement for the lender's partial release of the lien of lender's
mortgage of Block 69 (upon which the Public Parking Facility shall be
constructed) which is to be deeded by Buyer to the City upon the
completion of the Public Parking Facility, or as more specifically
provided in the Public Parking Facility Construction and Conveyance
and Worthing Park Funding Agreement; together with the release of the
Property from the lien of the lender's mortgage and other collateralizing
instruments on the Project, in the event Seller shall elect to exercise its
buy-back rights, as provided in Paragraph F herein.
w/blockF7/cra/addendum. O1w.jav. 102899 Page 2
2. Buyer having obtained (or, at Buyer's sole discretion, having received
satisfactory confirmation of Buyer's ability to obtain) all approvals,
consents and permits necessary for the development and construction of
the Project, including but not limited to, site plan acceptance, together
with confirmation of the availability of issuance of all permits (including
all requisite development building permits) and licenses, as applicable
from Seller, the City of Delray Beach ("City"), the County of Palm Beach
and such other governmental authorities and/or agencies for the
construction and operation of the Project as may be required by law,
rule or ordinance and as defined in this Contract upon the conveyance
of the Property on the Closing of this Contract. The Seller shall
reasonably cooperate with Buyer in Buyer's efforts to secure the herein
approvals, consents and permits on which Closing is conditioned.
3. Buyer having provided proof to Seller of Buyer's ownership, in fee
simple, of that certain parcel of property currently serving as parking
spaces for the GRIP Building (the "GRIP Parking") as proof of such site
control was incorporated in Buyer's response to Seller's RFP which was
accepted by Seller. The legal description for the existing GRIP Parking
(i.e. 63 spaces), is attached hereto and made a part hereof as Exhibit "A"
to this Addendum. Buyer shall also have provided to Seller and City a
deed in escrow to the City of Block 69 from Buyer's affiliate, being one
of the parcels included in the Project, as more fully referred to and
provided for in the Public Parking Facility Construction and Conveyance
and Worthing Park Funding Agreement (the "Parking Agreement"),
attached hereto and made a part hereof. Seller acknowledges that Buyer
has previously delivered to Seller and CITY proof of fee simple
ownership of all other parcels to be integrated into the Project. For
w/block77/cra/addendum. O1w.jav. 102899 Page 3
purposes of this Agreement the term "Project" shall mean and include
the Property herein being acquired (the "CRA Property"), together with
the parcels of property currently titled to the City of Delray Beach,
Florida ("City"), likewise being herein conveyed pursuant to the terms
of this Agreement (the "CITY Lands"), the GRIP Parking as hereinabove
previously identified, together with those additional par.cels of real
property under the ownership or control of Buyer ("Buyer's Properties"),
as more particularly described in Exhibit "B" attached hereto and made
a part hereof, which shall be improved by the construction and
installation of but not limited to residential apartments, retail and
commercial space, a public parking facility, private parking garage. The
CRA Property and the City Lands are hereinafter sometimes collectively
referred to as the "Property."
4. The obtaining from the City of Delray Beach the termination,
modification or substitution, as applicable of that certain recorded Unity
of Title between the GRIP Buildin§ and the GRiP Parking, recorded in
Official Records Book . . , at Pa§e , of the Public Records of
Palm Beach County, Florida, in consideration for the substitution of and
addition to parking for the GRIP Building to be provided in the Public
Parking Facility.
5. Buyer's delivery to Seller of a market study evidencing the economic
viability of the proposed Project. Such study may be the same study
required to be presented to the Buyer's lender. The results of the market
· study shall be satisfactory to Seller in Seller's commercially reasonable
discretion. Buyer shall reimburse Seller for Seller's reasonably incurred
expenses for economic analysts employed to provide assistance to Seller
in Seller's review of the market study, as provided in Section K, hereof.
w/block77/cra/addendum. O lw.iav. ! 02899 Page 4
6. Buyer's delivery to Seller of a schedule of predevelopment costs and
expenses incurred to date by the Buyer together with either (i) paid
receipts therefor, or (ii) evidence of line-items under the Construction
Schedule to pay for same, together with a projection of those costs
anticipated to be incurred prior to Closing. At Closing, Buyer shall
deliver to Seller paid receipts for such further incurred expenses.
7. Buyer's delivery to CITY and Seller, as to their respective interests under
this Agreement and the Parking Agreement with the City herein
identified and incorporated by reference, of a common law Material and
Labor Payment and Performance Bond ("Performance Bond") in form,
substance and issued by a surety satisfactory to Seller and CITY, as to
their respective interests. The Performance Bond shall be issued by an
insurance company or surety company on the U.S. Department of
Treasury current approved list of acceptable sureties on Federal Bonds,
as found in U.S. Department of the Treasury, Circular 570, as same may
be updated from time to time (current list effective 7-1-93). The
Performance Bond must serve to guarantee completion of construction
of the Project in accordance with the approved Site Plan and this
Contract as well as the Public Parking Facility in accordance with the
Parking Agreement and the Design Plan. The Performance Bond shall
also guaranty payment of all costs incurred in the construction of the
Project as hereinabove referenced. The Performance Bond shall include
an obligee rider naming the Seller and CITY and Buyer's lender's as
obligees and shall, by its terms be specifically callable by Seller or CITY,
as to each of their respective interests in the event of Buyer's failure to
construct the Project in accordance with the provisions of this
Agreement, the Parking Agreement, the Design Plan and approved site
w/block77/cra/addendum. Olw.jav. 102899 Page 5
plan. The parties hereto acknowledge and stipulate that the CITY
although not a signatory to this Agreement, has a specific interest in the
Performance Bond which the Seller and the City, as confirmed in the
Parking Agreement agree, that prior to calling the Performance Bond,
Seller and/or City as to their respective interests shall give written notice
to Buyer and Buyer's mortgagees of their respective intention to do so
and thirty (30) days opportunity to cure the matter(s) which would, in the
Seller's or City's reasonable determination, otherwise give rise to the
Seller's or City's right to call such Performance Bond which such
matter(s) shall be specified in that notice. The Performance Bond shall
be in an amount equal to One Hundred Ten (110%) Percent of the
budgeted costs for the construction of the Project, in accordance with
the site plan, Design Plan, and approved plans and specifications for the
Project. Not later than the time the Performance Bond is required to be
delivered to Seller or City, Buyer shall also cause to be delivered to
Seller or City, an agreement of the architects and engineers who
prepared the plans for the Project that shall provide that if Seller calls the
Performance Bond, in accordance with the terms of this Agreement,
Seller and City shall have the right to utilize said plans to construct the
Project.
8. The Seller's obtaining, at or prior to Closing, title from the City by
conveyance, right-of-way or abandonment to those parcels of property
owned by the City (the "City Parcels"), as shown in cross-grid on that
certain survey prepared by O'Srien, Suiter & O'Brien, Inc., dated
December 18, 1997 as revised through March 31, 1999, appended
hereto as Exhibit "C" and made a part of this Addendum.
w/'olock77/cra/addendum.O I w.jav. 102899 Page 6
9. The execution and delivery of a temporary exclusive Easement from
Buyer to the City for the continued unobstructed use by the City of the
sixty-three (63) parking spaces on the City land ("Existing Parking
Spaces") subsequent to the Closing pending the conveyance to the City
of the Public Parking Facility. The Easement shall provide that the City
shall insure (by self-insurance at CITY's election), against all claims, or
demands or judgments arising against the Buyer by virtue of CITY's use
of the easement and parking spaces. No consideration or payment
obligations shall be required of City to the Buyer for the easement.
However, the City shall be responsible for the insurance of its interests
the Existing Parking Spaces.
10. The execution by Buyer and the City of the Parking Agreement attached
hereto and made a part hereof as Exhibit "D" to this Addendum.
11. The delivery by Buyer to the City in accordance with that certain
Worthing Park Improvements Cherette held on March 27, 1999, to seek
consensus for the manner of improvement of Worthing Park which plans
shall be delivered to City without charge. The Plans shall be
accompanied by Buyer's funding, by cashier's check or federal wire
transfer in the sum of $100,000.00 toward improvements to Worthing
Park. The City shall not be required to utilize the plans or implement
the improvements as contemplated by the Plans. The City shall first
apply the funding from Buyer to the improvement of Worthing Park
which may thereafter be utilized as determined by the City in its sole
discretion.
12. The delivery and execution by Buyer and GRIP Development, Inc. of a
Parking License Agreement for the licensing to GRIP of fifty five (55) full-
w/block77/cra/addendum. O lw.jav, i02899 Page 7
12. The delivery and execution by Buyer and GRIP Development, Inc. of a
Parking License Agreement for the licensing to GRIP of sixty (60) full-
time parking spaces and forty (40) part-time parking spaces in the Public
Parking Facility contemplated in the Parking Agreement. Upon its
satisfaction with the Parking License Agreement, City shall either join in
the execution of the License Agreement as the acknowledged intended
assignee of the "Licensor" thereunder or, separately acknowledge its
acceptance of the assignment of the Parking License Agreement.
E. The development of the Project shall be made subject to the following
mandates and qualifications:
1. Buyer shall construct and develop Two Hundred Nineteen (219)
apartment units, in compliance with applicable City ordinances and
review procedures.
2. Buyer shall construct and develop not more than 18,000 rentable square
feet of commercial and/or retail space.
F. Seller shall, in its conveyance of the Property to Buyer, reserve its authority to
approve the architectural design and site plan of the Project. The hereinabove
referenced approvals shall be in the sole discretion of Seller including without
limitation as to matters including the location of the GRIP Licensed Parking
Spaces and, as applicable, the City, with such reservation of approval rights
running with the Property. Nothing contained in this Paragraph F shall limit in
any way the approvals required by the City, nor shall this Paragraph F create
any right not otherwise vested in the City. Any request for approval to the
Seller not acted upon by Seller within thirty (30) business days of proper
application by Buyer shall be deemed approved and granted by Seller.
Notwithstanding the foregoing, following the completion of the Project, (as
w/block77/cra/addendum. O2w.jav. 1 I0199 Page 8
time parking spaces and forty (40) part-time parking spaces in the Public
Parking Facility contemplated in the Parking Agreement. Upon its
satisfaction with the Parking License Agreement, City shall either join in
the execution of the License Agreement as the acknowledged intended
assignee of the "Licensor" thereunder or, separately acknowledge its
acceptance of the assignment of the Parking License Agreement.
E. The development of the Project shall be made subject to the following
mandates and qualifications:
1. Buyer shall construct and develop-~.o,* more .*hah Two Hundred
Nineteen (219) apartment units.
2. Buyer shall construct and develop not more than 18,000 rentable square
feet of commercial and/or retail space.
F. Seller shall, in its conveyance of the Property to Buyer, reserve its authority to
approve the architectural design and site plan of the Project. The hereinabove
referenced approvals shall be in the sole discretion of Seller including without
limitation as to matters including the location of the GRIP Licensed Parking
Spaces and, as applicable, the City, with such reservation of approval rights
running with the Property. Nothing contained in this Paragraph F shall limit in
any way the approvals required by the City, nor shall this Paragraph F create
any right not otherwise vested in the City. Any request for approval to the
Seller not acted upon by Seller within thirty (30) business days of proper
application by Buyer shall be deemed approved and granted by Seller.
Notwithstanding the foregoing, following the completion of the Project, (as
evidenced by the issuance of a Certificate of Occupancy), Seller's reservation
of approval to subsequent modifications to the structures and other
w/block77/cra/addendum.O 1w.jav. 102899 Page 8
improvements on or to the Project shall be limited to a standard of
reasonableness.
G. SELLER'S RIGHT TO REPURCHASE PROPERTY.
Seller expressly reserves the right at its sole option and election, to repurchase
the Property for the same Purchase Price as paid by Buyer to Seller hereunder,
in the event the Buyer shall fail to commence construction of the Project;
subject, however, to extensions for delays attributable to Force .Majeure as
hereinafter provided. For purposes of this Section, the term "commence
construction" shall mean: (i) the initiation and continuance by Buyer of site
preparation work for the Project which shall, for purposes of this Section G.,
include excavation, fencing of the site, installation of a construction trailer,
clearing and relocation of utilities on the Project within the initial thirty (30)
days following the later to occur of (a) the Closing or (b) the issuance of the
building permit(s) requisite to performing site work; and (ii) the commencement
of the installation of the concrete foundation for at least one of the structures to
be constructed within the Project within One Hundred Eighty {180) days of the
later to occur of items (a) and (b) of item (i) above. Notwithstanding the
provisions of the immediately preceding sentence, the commencement dates
provided above may be extended on a day-for-day basis for delays occasioned
by acts of God, catastrophe and inclement weather which is in excess of those
days normally forecasted by the National Weather Service for the give month
in South Florida which interfere with construction, unforeseen physical
conditions on the site, unavailability or shortages of material or labor, labor
disputes, governmental approvals or restrictions or other matters beyond the
reasonable control of Buyer (collectively "Force Majeure"). By the tenth (10)
business day of each of each month, Buyer shall deliver or cause to be
delivered to Seller a list of the days during each proceeding month as to which
Buyer believes the Force Majeure provisions apply and the reasons therefore.
w/block77/cra/addendum.O lw.jav. 102899 Page 9
Seller shall, within ten (10) business days after receipt of any such list provide
notice to Buyer as to whether Seller disputes that any of the days set forth on
that list would give rise to an extension of time for Buyer's performance based
on Force Majeure. Any days claimed to be subject to the foregoing Force
Majeure provision by Buyer which are not so disputed by Seller within said
time period shall be deemed approved by Seller. In the event of a dispute
between Seller and Buyer as to whether there has been a commencement of
construction as provided in this Section G.1, or whether a claim for delay is
valid or otherwise in connection with this Agreement and the transactions
contemplated thereby shall be endeavored to be resolved and settled by
mediation using a mutually acceptable third-party mediator. Such mediator
shall be appointed upon the written demand of either party. Upon such
appointment, the mediation shall be held within fifteen (1.5) days at a mutually
agreeable site in Palm Beach County, Florida. The fees and expenses of such
mediator shall be borne equally by the parties hereto. In the event of the failure
of the parties to settle the dispute by mediation, either party may bring the
dispute for legal redress before the Circuit Court in and for Palm Beach County,
Florida.
H. SELLER'S RIGHT OF FIRST REFUSAL.
Subsequent to Buyer's commencement of construction of the Project as said
term is defined is Section G.1. above, but prior to the issuance of a Certificate
of Occupancy for any improvements comprising the Project, should Buyer
receive a bona-fide offer to purchase the Project in an arms-length transaction
("Offer") which Buyer wishes to accept, Seller shall have a first right of refusal
to purchase the Project upon the same terms and conditions contained in the
Offer. In the event of the receipt of an Offer following the commencement of
construction but prior to the issuance of a Certificate of Occupancy, Buyer shall
present to Seller a true copy of the Offer which Buyer intends to accept. Upon
w/block771cra/addendum. O1w,jav. 102899 Page 10
Buyer's delivery of the Offer to Seller, Seller shall have thirty (30) days
thereafter within which to elect to exercise its right of first refusal by the
delivery of written notice to Buyer of its exercise of its right of first refusal to the
Property in accordance with the terms and conditions contained in the Offer
and this Section. The closing between Buyer and Seller under the first refusal
shall occur within thirty (30) days following Seller's timely exercise of its right
of right refusal. In the event Seller fails to timely exercise its first right of refusal,
the right of refusal shall terminate and Buyer shall be free to close under the
Offer pursuant to the terms of the Offer. In the event Seller shall not exercise
its right of first refusal hereunder, the party making the Offer ("Offeror") shall
acquire the Property in conformance with all surviving terms and conditions of
this Agreement (which shall include all addenda hereto) as well as all
obligations of Buyer to Seller or the City pursuant to the terms of this Agreement
hereto or otherwise granted in the course of the development of the Project.
I. Buyer further acknowledges that Buyer shall be required to provide, at Buyer's
expense, such utility easements or replacement easements for the relocated
utilities as the City and applicable utilities may reasonably require. Buyer shall
be responsible for all costs of relocating and substituting any required utilities.
J. Buyer agrees to construct and provide the streetscape on the perimeter of the
Property in a manner as approved by the CRA and the City of Delray Beach
from Atlantic Avenue to the South end of its project on both Southeast First
Avenue and Southeast Second Avenue on the adjacent right-of-way.
K. The parties each warrant and agree that there is no broker involved in this
transaction nor any finder or other party entitled to a commission or fee and
each party hereto indemnifies the other against any claims made in
contradiction to the reciprocal warrants herein contained.
w?olock77/cra/addendum. Olw.jav. 102899 Page 11
L. In the event the Closing of the transaction contemplated under the Contract
shall not have occurred as of the earlier of (i) the satisfaction of all of the
conditions precedent contained in Section D hereinabove, or (ii) twelve (12)
months from the date of the execution of this Agreement and all Exhibits hereto
by the last of the party's signing, either party may terminate this Contract upon
ten (10) days prior notice to the other, whereupon all deposit monies paid, by
or on behalf of Buyer together with all interest accruing thereon shall be
returned to Buyer and Buyer shall reimburse Seller for Seller's verified expenses
incurred in the review of the market study and parking plans as contained in
this Agreement up to the respective maximum amounts to follow:
Market Study: $2,500.00
Parking Plan: $6,000.00
In addition, Buyer shall be required to have paid all of Buyer's consultants and
advisors who have performed services for Buyer pursuant to this Contract who
have any lien rights as to the Property as evidenced by obtaining paid receipts
therefor and presenting same to Seller.
M. The parties hereto acknowledge that while not joining in this Agreement, City
is a third-party beneficiary to this Agreement and has, by virtue of this
Agreement, acquired certain herein specified rights notwithstanding the fact that
City is not a signor to this Agreement.
Buyer acknowledges that the execution and delivery of this Contract by Buyer
and Seller does not, buy virtue thereof, vest or create in Buyer an entitlement
to the receipt of the mandates and qualifications contained in Section E (1) and
(2), above, and that the granting of the qualifications and conditions are subject
w/block77/cra/addendum.01w.jav. 102899 Page 12
to the Buyer complying with all of the applicable requirements and provisions
of the City's Code of Ordinances as relate thereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
day of ., 1999.
Signed, sealed and delivered in
the presence of: Buyer:
BLOCK 77 DEVELOPMENT GP~OUP, L.C.,
a Florida limited liability company
By:
Name:
Title: Managing Partner
SELLER:
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Name:
Title:
w/block77/cra/addendum.O1w.jav. 102899 Page 13
(' .N.; Buyer acknowledges that the granting of the qualifications and conditions are
subject to the Buyer complying with all of the applicable requirements and
provisions of the City's Code of Ordinances as relate thereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
day of ,1999.
Signed, sealed and delivered in
the presence of: Buyer:
BLOCK 77 DEVELOPMENT GROUP, L.C.,
a Florida limited liability company
By:
Name:
Title: Managing Partner
SELLER:
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Name:
Title:
w/block 77/cra/addendum. O2w.jav. 110199 Page 13
EXHIBIT "A"
EXISTING GRIP PARKING SPACES
Lots 8 and 9, Block 77, Map of the Town of Linton, Florida, according to the Plat
thereof, as recorded in Plat Book 1, page 3 of the Public records of Palm Beach County,
Florida.
w/block77/cra/addendum.OIw.jav. 102899 Page 14
EXHIBIT "B"
BUYER'S PARCELS
South 9.4 feet of Lot 15 and all of Lot 16, Block 77, map of the Town of Linton,
Florida, according to the Plat thereof, as recorded in the Plat Book 1, page 3 of the Public
Records of Palm Beach County, Florida.
Lot 10 and the North 50.5 feet of Lot 11, Block 77, Town of Linton n/k/a Town of
Delray, according to the Plat thereof, as recorded in Plat Book 1, page 3, of the Public
Records of Palm Beach County, Florida.
w/block77/cra/addendum.O1w.jav. 102899 Page 15
EXHIBIT "C"
PARKING AGREEMENT
w/block77/cra/addendum. OIw.jav. 102899 Page 16
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS INTERLOCAL AGREEMENT IS MADE AND ENTERED into this __ day of
, , by and between the CITY OF DELRAY BEACH, FLORIDA,
("CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY,
("CR~").
WlTNESSETH:
WHEREAS, Florida Statutes, Section 163.01 authorizes the joint exercise of power or
authority which public agencies have in common and which each might exercise separately; and
WHEREAS, Florida Statutes, Section 163.01(5) permits the joint exercise of powers granted
under Chapter 163 upon final adoption of an agreement by the governing bodies involved; and
WHEREAS, the CRA is entering into that certain Contract for Sale and Purchase (the
"Contract") of certain properties within Block 77 pursuant to the terms of the Contract attached
hereto as Exhibit "A"; and
WHEREAS, the CITY owns certain of the parcels of the land contained within the said
Contract which will be required to be conveyed to the developer pursuant to the terms of such
Contract; and
WHEREAS, the CITY and the CRA desire to enter into this Interlocal Agreement providing
for the conveyance to the CRA by the CITY of the CITY lands as are contained in the Contract
subject to the obligation of the CRA to reconvey the subject properties to the CITY pursuant to the
terms of this Agreement.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties do hereby agree as follows:
1. The CITY and CRA agree that the above recitations are tree and correct and
are incorporated herein by reference.
2. Subject to the execution of the Contract by the CRA and the purchaser, the
CITY agrees to convey the lands owned by the CITY, as designated within the Contract, to the CRA
simultaneous with the closing on the sale of such properties under the Contract by the CRA to the
purchaser. The conveyance of the subject CITY properties shall not require the payment of any
sums by the CRA to the CITY.
3. In the event the CRA shall reacquire title to the lands conveyed to the
purchaser pursuant to its repurchase and right of first refusal rights contained within the Contract,
the CRA agrees to reconvey such CITY lands to the CITY with no payments being required by the
CITY to the CRA.
4. Both parties hereto have certain rights created under the Contract and the
performance bonds delivered thereunder as joint obligees and the parties agree to reasonably
cooperate with each other in mutually exercising the right and remedies under said performance
bonds.
5. The CITY agrees to join in the petition for abandonment of the subject
alleways to the extent that the CITY's lands being conveyed under the Contract abut such alleyways.
The parties acknowledge that any resolution of abandonment made by the CITY shall be effective
simultaneously with the closing of the Contract and shall be subject to an agreement for the
reconveyance of the alleyways by the CRA and all abutting property owners in the event the CRA
shall reacquire title to such properties as a result of its buy back rights and/or right of first refusal
pursuant to the terms of the Contract.
2
IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day
and year first above written.
ATTEST: CITY OF DELRAY BEACH
By: By:
City Clerk M A Y O R
Approved as to legal sufficiency and form:
City Attorney
ATTEST: DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By: By:
Secretary C H A I R M A N
Approved as to legal sufficiency and form:
Robert W. Federspiel, Esq.
CRA ATTORNEY
3
PUBLIC PARKING FACILITY CONSTRUCTION
AND CONVEYANCE AND WORTHING PARK
CONTRIBUTION AGREEMENT
THIS AGREEMENT is made this ~ day of October, 1999, by and between the CITY OF
DELRAY BEACH, FLORIDA, ("CITY") and BLOCK 77 DEVELOPMENT GROUP, L.C.
("DEVELOPER").
WITNESSETH:
WHEREAS, DEVELOPER has entered into a contract with the Community Redevelopment
Agency of the City of Delray Beach ("CRA") dated ,1999 (the "CRA Contract") for the
sale and purchase of portions of Block 77, as more specifically defined in the CRA Contract as the
"Property", the terms of which are hereby incorporated by reference as if fully set forth herein; and
WHEREAS, the CRA Contract also provides for the acquisition by DEVELOPER of certain
lands from the CRA, which are currently titled ,t° the CITY which will be acquired by the CRA by
deed and/or dedication for the purpose of re-conveyance to DEVELOPER under the CRA Contract
("City Lands"); and
WHEREAS, the City Lands consist of those parcels distinguished in cross-grid on that
certain survey prepared by O'Brien, Suiter & O'Brien, Inc., dated December 18, 1997 as revised
through March 31, 1999 appended hereto as Exhibit "A" and incorporated herein; and
WHEREAS, the CRA Contract provides certain guidelines for the development by
DEVELOPER of residential apartments, commercial and retail spaces (the "Project") upon the
acquired, portion of Block 77, the City Lands and other properties owned by DEVELOPER.
WHEREAS, certain portions of the City Lands are currently used by the CITY for sixty-
three (63) public parking spaces ("Existing Public Parking") and alleyways; and
WHEREAS, CITY has agreed to transfer the City Lands to the CRA for conveyance to the
DEVELOPER in consideration, in part, for the construction by DEVELOPER of a facility to be
used for public parking (the "Public Parking Facility") on a parcel of land owned by an affiliate of
Page 1
g:\s\w\block77\parking~Agt.01 aa.sbs. 102899
DEVELOPER (hereinafter referred to as Block 69, the legal description for which is attached hereto
and made a part hereof as Exhibit "A"); and
WHEREAS, upon the issuance of a certificate of occupancy (the "C.O.") for the Public
Parking Facility improvements and marketable title to Block 69 together with the improvements
thereon shall be conveyed in fee simple to the CITY, together with a title insurance policy insuring
marketable title to the CITY; and
WHEREAS, the Public Parking facility shall conform to all CITY codes applicable to public
parking spaces; and
WHEREAS, the plans for construction of the Public Parking Facility on Block 69 and the
proposed lay-out and designations of the Public Parking therein shall be depicted on a parking design
plan (the "Design Plan"). A Proposed Design Plan prepared by and acceptable to DEVELOPER
and CITY is attached hereto and made a part hereof as Exhibit "B". The approved Design Plan
shall be attached hereto and substituted for the proposed Design Plan as the "Approved Design Plan"
in substitution for Exhibit "B" and made a part hereof; and
WHEREAS, the Design Plan shall provide for the separation or buffering of the Public
Parking spaces from the ninety-five (95) ((55 full-time and 40 part-time)) parking spaces to be
licensed to GRIP Development, Inc. for the benefit of the GRiP Building tenants, their guests and
invitees ("GRiP Parking") under separate license agreement with DEVELOPER to be subsequently
assigned to the CITY upon the CITY'S approval of the form and terms of the license agreement and
assignment and assumption thereof; and
WHEREAS, DEVELOPER has agreed to contribute to the City a gift of funding, as herein
more particularly detailed, for certain improvements as hereinafter detailed; and
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. Recitals. The recitals set forth above are t_rue and accurate, and are hereby
incorporated as if fully set forth herein.
Page 2
g:\s\w\block77~parkingL~gt.01 aa.sbs. ! 02899
2. Definitions. Whenever used herein, the following terms shall have the meanings set forth:
A. "Completion" of the Public Parking Facility shall be evidenced by the
issuance of a Certificate of Occupancy for the Public Parking Facility, subject to punch-list and
warranty work.
B. "Existing Public Parking Spaces" shall mean the sixty-three (63) spaces
currently utilized by the CITY for public parking on a portion of the CITY Lands, which Existing
Public Parking Spaces shall be relocated to the Public Parking Facility upon Block 69.
C. "Private Parking Garage" shall mean a separate parking structure on Block
77 containing parking spaces for residents of the residential apartments portion of the Project and
their guests.
D. "Public Parking Facility" shall mean the facility to house parking spaces
and ancillary improvements to be constructed by DEVELOPER on Block 69; which Public Parking
Facility and the underlying Block 69 shall be deeded in fee simple marketable title to the
DEVELOPER to the CITY upon the completion of the Public Parking Facility.
E. "Public Parking Spaces" shall mean the parking spaces within the Public
Parking Facility designated for Public Parking.
F. "Project" shall refer to the development of the Property (i.e. the CRA Lands
and the City Lands), being acquired by DEVELOPER from the CRA pursuant to the CRA Contract,
the GRIP Parking, Block 69, and those other parcels of property owned or controlled through an
affiliate of DEVELOPER (DEVELOPER'S Parcels) as more specifically described in Exhibit "D"
herein, as said above-identified parcels shall be improved by the construction of residential
apartment units, retail and commercial space, the Public Parking Facility and the private parking
garage.
G. "Public Parking" shall mean the 107 Public Parking Spaces in the Public
Parking Facility (7 days per week; 24 hours per day) to be constructed by DEVELOPER in
accordance with the Design Plan heretofore identified as Exhibit "C"; together with the forty (40)
parking spaces licensed to GRIP on a part-time basis the use of which is reserved to the CITY for
Page 3
g:\s\w\block77~parkingLS, gt.O I aa. sbs. 102899
the CITY'S Public Parking, between the hours of 6:01 p.m. and 7:59 a.m., Mondays through Fridays
and from 12:01 p.m. Saturdays through 7:59 a.m. Mondays.
3. Public Parking and Licenses.
A. Public Parkine. DEVELOPER shall convey or cause to be conveyed to the
CITY, fee simple marketable title by Statutory Warranty Deed (the "Deed") the Public Parking
Facility and the underlying Block 69. The Public Parking Facility shall contain a total of at least 207
Parking Spaces designated as: 107 Public Parking Spaces, together with 40 part-time Public Parking
Spaces of the 95 GRIP Parking Spaces. DEVELOPER shall obtain and deliver to CITY at
DEVELOPER's expense, pre-construction and post-construction "as-built" surveys and drawings
of Block 69 and the Public Parking Facility improvements constructed thereupon.
B. The CITY recognizes that the Public Parking Facility has not been
constructed as of the date of this Agreement. Thus, while the Public Parking Facility shall be located
on Block 69 as conceptually depicted on the Design Plan, the Public Parking Facility shall
nonetheless be subject to easements for encroachments which now or hereafter exist, caused by
settlement or movement of any improvements upon the land or caused by inaccuracies in building
or rebuilding of such improvements which such easements for encroachments shall continue until
such encroachments no longer exist. However, notwithstanding the immediately preceding sentence,
the number of Public Parking Spaces to be provided by DEVELOPER shall not be reduced.
C. DEVELOPER'S lender(s) shall specifically provide for the partial releases
of Block 69 and the Public Parking Facility improvements thereon from the lien of the lender's
mortgage at the time of the conveyance of Block 69 to the CITY.
D. Fee simple marketable title to Block 69 shall be conveyed to the CITY by the
Deed, free and clear of any and all liens and encumbrances. There shall be no exception in the title
policy for any matter which would impair, in any material way, the CITY'S utilization of Block 69
as a Public Parking Facility. The Title Commitment shall be delivered to the CITY at least seven
(7) days from the approval of the site plan application. DEVELOPER shall deliver to CITY, a title
insurance policy in an amount reasonably acceptable to City. DEVELOPER shall pay for the
Page 4
g:Xs\w\block77\parkingLa, gt.O I aa.sbs. 102899
documentary stamps to be affixed to the Deed and all costs relative to the issuance of the title
insurance policy.
4. Construction of Public Parking.
A. Provided that DEVELOPER acquires title to the Property pursuant to the
CRA Contract and further provided that the site plan application for the Project is approved, and
further provided that DEVELOPER receives all requisite building permit(s) for construction of the
Project, including the Public Parking Facility portion of the Project, DEVELOPER shall cause the
Public Parking Facility to be constructed.
B. Construction Approvals/Completion Date. The parties hereto acknowledge
that the CRA Contract specifically conditions the Closing under the CRA Contract upon
DEVELOPER's receipt of approval the Site Plan, Design Plan and all building and other permits
required for construction of all portions of the Project (i.e. including rental apartments, retail and
commercial spaces and the Public Parking Facility). DEVELOPER acknowledges that the
execution and delivery of this Agreement does not vest or in any manner create an entitlement in
DEVELOPER to the requisite foregoing approvals. DEVELOPER shall use its best faith efforts
to obtain all conditions precedent to Closing under the CRA Contract including the building
permit(s) required (for which DEVELOPER shall make application not later than five (5) business
days following Closing under the CRA Contract for the construction of the Public Parking Facility
following the execution of the CRA Contract. Subject to permissible extensions as provided in
Section C herein, DEVELOPER shall complete construction of the Public Parking Facility not later
than eighteen (18) months following the latter to occur off (i) the issuance of the building permit
for the Public Parking Facility and (ii) the execution of the CRA Contract (the "Completion Date").
C. The Completion Date shall be extended for delays occasioned by acts of God,
catastrophe, inclement weather which reasonably interfere with the construction unforeseen physical
conditions on the site, unavailability or shortages of materials or labor, labor disputes, governmental
restrictions or other matters beyond the reasonable control of DEVELOPER (collectively "Force
Majeure"). By the tenth (10th) Business Day of each month, DEVELOPER shall deliver or cause
Page 5
g 5s\w\block77\parkingLAgt. O I aa.sbs. 102899
to be delivered to the CITY a list of the days during the preceding month as to which
DEVELOPER believes the Force Majeure provisions apply and the reasons therefor. CITY shall
within ten (10) Business Days after receipt of any such list provide written notice to DEVELOPER
as to whether CITY disputes that any of the days set forth on that list would give rise to an extension
of time for the DEVELOPER'S performance based upon Force Majeure. Any days claimed to be
subject to the foregoing Force Majeure provision by DEVELOPER which are not so disputed by
the CITY within said time period shall be deemed approved by the CITY. In the event of a dispute
as to the entitlement of MANAGER to a Force Majeure extension the parties shall endeavor to settle
the dispute by mediation using a mutually acceptable third party mediator. Such mediator shall be
appointed upon the written demand of either party. Upon such appointment, the mediation shall be
held within fifteen (15) days at a site selected by the mediator, in Palm Beach County, Florida. The
fees and expenses of such mediator shall be borne equally by the parties hereto. If the Force Majeure
extension entitlement or claim has not been resolved pursuant to the aforesaid mediation procedure
within forty-five (45) days of the commencement of such procedure (which period may be extended
by mutual agreement), or if any party shall not participate in such procedure, the controversy shall
be brought at either party's initiation for adjudication in the Circuit Court in and for Palm Beach
County, Florida. Failure to complete construction within the aforementioned periods oftime absent
extension by virtue of Force Majeure may be treated by CITY as a default of DEVELOPER. Prior
to issuance of a building permit for the Public Parking Facility, DEVELOPER shall submit
construction plans and specifications to the CITY for review. The plans must show that the fifty
(50) year industry standard design criteria for a parking structure is met. Any costs for this review
shall be the responsibility of the DEVELOPER, and DEVELOPER shall be responsible for all fees
and costs associated with the planning, permitting and constructing of the Public Parking Facility.
D. Completion of Public Parking FaeilitT as Prerequisite to Construction
on Existing Parking. DEVELOPER shall complete construction of the Public Parking Facility
prior to initiating hard construction on the portion of the City Lands acquired from the CRA which
is the situs of the Existing Public Parking. For purposes of this Section D., and this Agreement, the
Page 6
g:~s\w\block77\patkingLAgt. O I aa.sbs. ! 02899
Public Parking Facility shall be deemed completed upon the issuance of a Certificate of Occupancy
(the 'C.O.") for the Public Parking Facility. The C.O. shall not however excuse performance by the
DEVELOPER of any post-completion punch-list or warranty work. Notwithstanding the foregoing,
DEVELOPER may initiate "soft" construction activities on the Existing Public Parking parcel, such
as studies, initial site preparation and such other activities provided such activities shall not be
invasive upon nor interfere with the utilization of or access to Existing Parking Spaces.
E. Insurance/Payment and Performance Bond. At all times during the construction
of the Public Parking Facility, DEVELOPER shall comply with the insurance requirements
contained in Exhibit "E" attached hereto and made a part hereof. DEVELOPER shall not initiate
hard construction of the Public Parking Facility until such time as DEVELOPER has delivered to
the City and CRA, as provided in the CRA Contract a common law Material and Labor Payment and
Performance Bond ("Performance Bond") in form and substance approved by CRA and the CITY,
as to their respective interests. The Performance Bond shall be issued by an insurance company or
surety company on the U.S. Department of Treasury current approved list of acceptable sureties on
Federal Bonds, as found in U.S. Department of the Treasury, Circular 570, as same may be updated
from time to time (current list effective 7-1-93). The Performance Bond must serve to guarantee
completion of construction of the Project in accordance with the approved Site Plan and the CRA
Contract as well as the Public Parking Facility in accordance this Agreement and the Design Plan,
as herein identified. The Performance Bond shall also guaranty payment of all costs incurred in the
construction of the Project as hereinabove referenced. The Performance Bond shall include an
obligee rider naming the CRA and CITY and Developer's mortgagees, as obligees and shall, by its
terms be specifically callable by the CRA or CITY, as each of their respective interests appear in the
event of Developer's failure to construct the Project in accordance with the provisions of the
Agreement and approved site plan and Design Plan. The parties hereto acknowledge and stipulate
that the CRA, although not a signatory to this Agreement, has a specific interest in the Performance
Bond as is referenced in the CRA contract to which the CRA is a signatory. The parties further
agree that prior to calling the Performance Bond, the CRA and/or the City shall give written notice
Page 7
g:~s\w\block 77\parkingLS~gt.O I aa.sbs. 102899
to Developer and Developer's mortgagees of City, or Seller's, as applicable intention to do so and
thirty (30) days opportunity to cure the matter(s) which would, in the CRA or City's determination,
otherwise give rise to their respective rights to call the Performance Bond, which such matter(s) shall
be specified in that notice. The Performance Bond shall be in an amount equal to One Hundred Ten
(110%) Percent of the budgeted costs for the construction of the Project, in accordance with the site
plan Design Plan and approved plans and specifications for the Project. Not later than the time the
Performance Bond is required to be delivered to CRA and City, Buyer shall also cause to be
delivered to the CRA and/or the City as to their respective interests, an agreement of the architects
and engineers who prepared the plans for the Project that, if CRA and/or City calls the Performance
Bond, in accordance with the terms of this Agreement, City and CRA shall have the right to utilize
said plans to construct the Project.
F. Easement to Existing Parking Pending Completion of Public Parking, Facili~.
Closing under the CRA Contract is expressly conditioned upon the execution by DEVELOPER and
delivery to CITY ofa recordable temporary exclusive easement (the "Easement") in favor of CITY
for the exclusive, unobstructed utilization of the Existing Parking Spaces following Closing under
the CRA Contract and continue until completion of the Public Parking Facility. The form and
content of the easement shall provide that CITY not be responsible for any costs or expenses relative
to the Existing Parking during the pendency of the Easement except, however, that CITY shall be
responsible for insuring (including by self-insurance at City's election), against all liabilities which
may accrue, as to person or property, (acknowledged to be self-insurance) as to its interest in the
easement to and its use of the Existing Parking Spaces.
G. Reconveyance of Existin~ Parking Spaces. In the event DEVELOPER shall not
Page 8
g:~s\w\block77\pa~kingL~gt.01 aa.sbs. 102899
have received a C.O., for the Public Parking Facility not later than the Completion Date (as
provided in Section 4.B.), subject, however to permissible extensions to the Complete Date (as
provided in Section 4.C.), CITY may, at its election, in addition to the CITY'S rights under the
Performance Bond, elect that Developer reconvey to CITY, by Special Warranty Deed, the Existing
Parking Spaces.
H. Easements for Relocated Utilities. DEVELOPER shall deliver such easements,
in content and form, satisfactory to the CITY, as to all relocated utilities, whether on Block 77,
Block 69 or otherwise within the Project as required by the CITY for access or such other purpose
as CITY shall, in its discretion deem necessary.
5. Post-Completion Release of Developer. Following the delivery of the Deed of
Block 69 to the CITY, DEVELOPER shall cease to be responsible for any costs, expenses and
obligations related to Block 69 and/or the Public Parking Facility and be released thereunder except
however for any agreed post C.O. punch-list and/or warranty items.
6. Maintenance Bond. Concurrently with the conveyance of Block 69 to CITY,
DEVELOPER shall deliver or cause to be delivered to CITY a Maintenance and Performance Bond
(the "Maintenance Bond") in form and content satisfactory to CITY issued by a surety likewise
satisfact6ry to CITY binding the surety for completion of warranty and punch-list work for a period
of one (1) year following the C.O.
7. Construction Liens. DEVELOPER shall immediately discharge by payment or
removal by bond any construction liens for materials or labor claimed to have been furnished on
Page 9
g:Ls\w\block77\parkingLAgt.01 aa.sbs. 102899
DEVELOPER'S behalf in connection with the construction of the Public Parking Facility or the
Existing Public Parking Spaces during the pendency of the temporary exclusive easement for
parking.
8. Waiver of Liabili _ty. The failure of the DEVELOPER or the CITY to insist upon
strict performance of any provisions of this Agreement, or failure to excuse any right option or
remedy shall not be construed as a waiver. No provision of this Agreement shall be deemed waived
unless such waiver shall be in writing and signed by the party to be charged. No payment made or
charges paid shall be deemed an accord and satisfaction.
9. Indemnification. In consideration of this Agreement together with the sum $100.00
and other good and valuable consideration the receipt and adequacy of which is acknowledged,
DEVELOPER shall protect, defend, indemnify and hold harmless the CITY, its officers, employees
and agents from and against any and all lawsuits, penalties, damages, settlements, judgments,
decrees, costs, charges, claims, demands, liens of any kind and other expenses including liabilities
of every kind arising in connection with or arising out of the construction of the Public Parking
Facility attributable to bodily injury, sickness, disease or death, or to the injury to or destruction of
tangible personal property, including the loss of the use resulting therefrom which is caused in whole
or in part by any negligent act or commission of the DEVELOPER, its contractor, or contractor's
subcontractors, or the breach or default by DEVELOPER of any covenant or provision of this
Agreement, except for, but such exception shall only be to the extent of, any occurrence arising, in
whole or in part, out of or resulting from torts or negligence of the CITY, its officers, agents and
Page I0
gSs\w\block77~parkingLa, gt.O I aa.sbs. 102899
employees or anyone acting by, through or under any of them subject to the limitations of Florida
Statute §768.28 and the doctrine of sovereign immunity. Without limiting the foregoing, any and
all such claims, suits, demands or causes of action relating to defects in construction of the Public
Parking Facility or any actual or alleged violation of any applicable statute, ordinance, administrative
order rule or regulation or decree of any court, by DEVELOPER is included in the indemnity.
DEVELOPER further agrees to investigate, handle, respond to, provide defense for, and defend any
such claims at its sole expense and agrees to bear all other costs and expenses related thereto even
if the claim is groundless, false or fraudulent and if called upon by the CITY, DEVELOPER shall
assume and defend not only itself but also the CITY in connection with any suit or cause of action,
and any such defense shall be at no cost or expense whatsoever to CITY.
10. Worthing Park Contribution. Closing under the CRA Contract is conditioned upon
DEVELOPER delivering a gift to the CITY of the sum of $100,000.00 pursuant to the terms of
Section 6 of the CRA Contract herein incorporated by reference, restated verbatim and affirmed by
Developer:
Closing under this Contract is made further expressly contingent
upon the delivery by Buyer to the City of Buyer's Plans, prepared at
Buyer's expense and delivered to City without charge or
reimbursement for improvements to Worthing Park, which Plans
shall be accompanied by Buyer's funding, by cashier's check or
federal wire transfer in the sum of $100,000.00. The City shall not
be required to utilize the plans or implement the improvements as
contemplated by the Plans. However, the City shall first apply the
funding of $100,000.00 to the renovation and/or improvement of
Worthing Park and any excess funding shall be utilized as determined
by the City in it s absolute discretion.
Page 11
g:~s\w\block77\pa~king~a, gt.01 aa.sbs. 102899
11. Partial Invalidity. If for any reason any provision of this Agreement shall be
declared invalid or unenforceable, the remainder of the Agreement shall remain in full force and
effect.
12. Assienment. DEVELOPER may assign this Agreement, or any interest herein upon
the following terms and conditions:
A. The proposed assignee shall be:
(i) a successor-in-interest to DEVELOPER; or
(ii) a permitted assignee or vendee under the CRA Contract; or
(iii) an affiliate of DEVELOPER as defined in this Section 12; or
(iv) DEVELOPER'S Lender.
(v) a financing joint venturer receiving less than a majority of interest in the
venture.
B. The proposed assignee shall have or provide experience and acumen in the
construction of a Public Parking Facility.
C . The proposed assignee shall have a net worth of not less than MANAGER as
of the execution of this Agreement.
D. The proposed assignee shall have a good professional reputation in the
conununity.
E. The proposed assignee shall be prepared to, and following the assignment shall
execute an Addendum to this Agreement with such other documentation as the CITY deems
Page 12
g:~s\w\block77\parkingLa, gt.01 aa.sbs. 102899
appropriate by which the assignee shall reaffirm this Agreement and represent and warrant its
intention and ability to abide by all conditions, obligations and responsibilities of a "Manager"
hereunder, which Addendum or Memorandum to this Agreement may be recorded in the Public
records of Palm Beach County, Florida by the CITY.
F. Any intention to assign this Agreement in accordance with the foregoing
conditions shall be delivered to the CITY not less than thirty (30) days prior to the proposed
Assignment. The CITY may reject any assignment that the CITY reasonably determines does not
meet the terms and conditions of an assignment hereinabove provided, in which instance the CITY
shall provide to DEVELOPER written advice of the terms and/or conditions not complied with
within ten (10) days of CITY'S rejection of the proposed assignee.
G. For purposes of this Section 12 "affiliate" shall mean:
(i) any person or entity, directly or indirectly owning, controlling or holding
power to vote ten (10%) percent or more of the outstanding voting rights of DEVELOPER;
(ii) any person or entity ten (10%) percent or more of whose outstanding
voting shares are directly or indirectly owned, controlled or held with power to vote by
DEVELOPER;
(iii) any person or entity directly or indirectly controlling, controlled by or
under common control with DEVELOPER;
(iv) as to any corporation, any executive officer or director of the corporation
in question or any corporation directly or indirectly controlling DEVELOPER; (v) any person or
Page 13
g:~s\w\block77\paxking~Agt. O I aa.sbs. 102899
entity as a "member" of DEVELOPER owning or controlling ten (10%) percent or more of either
the capital or profit interest in DEVELOPER.
13. Default/Termination. It is understood that the remedies for the defaults herein
enumerated in this Section 13 shall be non-exclusive and cumulative, and the exercise of any one
remedy shall not be to the exclusion of any other remedy provided for herein and as otherwise
allowed by law.
A. Failed Payment. In the event DEVELOPER shall fail to make payment
related to the construction or conveyance of the Public Parking Facility of any cost or fee which has
become a lien on the Public Parking as provided in this Agreement, and such default in payment
shall continue for a period of thirty (30) days after notice by CITY unless however, DEVELOPER
takes recourse in any available appeal of any such cost or fee; or
B. If DEVELOPER shall default in complying with any other agreement, term,
covenant or condition of this Agreement and such default in compliance shall continue for a period
of thirty (30) days after notice by CITY specifying the claimed default, and DEVELOPER shall
not, in good faith, have commenced within said thirty (30) day period, to remedy such default and
diligently and continuously proceed therewith; then, if any of the above-referenced events should
occur a~d remain uncured for thirty (30) days, except however in instances where, the default is of
a non-monetary nature which is not reasonably capable of being cured within thirty (30) days and
as to which Developer exercises continuing good faith efforts to cure, CITY may either (i) serve a
written fifteen (15) day notice of cancellation and termination of this Agreement, and upon the
Page 14
g:\s\w\block77~parking~Agt.0 ! aa. sbs. 102899
expiration of fifteen (15) days following such notice, this Agreement shall terminate except with
respect to the easement(s) and CITY'S rights to foreclose on any liens on the Public Parking and to
pursue any other equitable or legal remedy including an action for specific performance of this
Agreement.
C. Receivership or Assignment for Benefit of Creditors; Bankruptcy;
Abandonment; Failure to Maintain or Repair. Either the appointment of a receiver to take
possession of all or part of the assets of DEVELOPER or a general assignment by DEVELOPER
for the benefit of creditors or any action taken or suffered by DEVELOPER under any insolvency
or bankruptcy act prior to the completion of the construction of the Public Parking Facility and
conveyance of Block 69 to CITY not remediated by the surety under the Performance Bond shall
at CITY'S election constitute a breach of this agreement. If DEVELOPER shall prior to the
completion of the construction of the Public Parking Facility and conveyance of Block 69 to CITY
be adjudicated bankrupt or insolvent or take the benefit of any federal reorganization or composition
proceeding, make a general assignment, or take the benefit of any insolvency law; or in the event of
abandonment or desertion; or if this Management Agreement be transferred or pass to or devolve
upon any persons, firms, partnerships or corporation other than DEVELOPER by operation of law
or otherwise, shall constitute a default under this Agreement immediately availing CITY of all
remedies herein reserved or otherwise available to the CITY.
14. Estoppel Certificate; Further Assurances. Each party shall deliver to the other
upon request within seven (7) business days, a writing certifying that this Agreement (and as
Page 15
g:~s\w\block 77~parkingV~gt.O I aa.sbs. 102899
modified) is in full force and effect, that the requesting party is not in default or if in default the
nature of the default. The parties shall also from time to time provide to each other documents and
instruments necessary to carry out the interest of this agreement.
15. Authority to Bind. Each party by signing this Agreement warrants to the other that
they have full authority to enter into this agreement. This Agreement shall not be effective unless
signed by the CITY'S Mayor and City Clerk, and the seal of the CITY affixed and approved as to
legal sufficiency and form by the City Attorney.
16. Notices. All notices which are required or permitted hereunder must be in writing
and shall be deemed to have been given, delivered or made, as the case may be, (I) when delivered
by personal delivery or (ii) three (3) business days after having been deposited in the United States
mail, certified or registered mail, return receipt requested, with sufficient postage affixed and
prepaid, or (iii) one (1) business day after having been deposited with an expedited, overnight courier
service (such as, by way of example but not limitation, Federal Express) provided same was
deposited at a time when it would normally be delivered on the next business day, otherwise on the
second business day after having been so deposited or (iv) when received via telecopy (fax) provided
that is received not later than 2:00 P.M. (local time) at the location of the recipient on a business day,
otherwise on the next business day thereafter; in each case addressed to the party to whom notice is
intended to be given at the address set forth below:
DEVELOPER: Block 77 Development Group, LC
5000 Blue Lake Drive, Suite 150
Boca Raton, Florida 33431
Attn: Ned L. Siegel, Co-Managing Partner
Page 16
g:\s\w\block 77\pm'kingLAgt.01 aa.sbs. 102899
Telephone: (56 I) 998-9200
Facsimile: (561) 998-7882
With a copy to: Mandel, Weisman & Kirschner, P.A.
2101 Corporate Boulevard, Suite 300
Boca Raton, Florida 33431
Attn: Mitchell B. Kirschner, Esq.
Telephone: (561) 989-0300
Facsimile: (561) 989-0304
City: City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Attn: City Manager
Telephone: (561) 243-7000
Facsimile: (561)243-7166
With a copy to: City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, FL 33444
Attn: City Attorney
Telephone: (56 I) 243-7091
Facsimile: (561) 278-4755
Any party may change the address to which its notices are sent by giving the other party five
(5) business days prior written notice of any such change in the manner provided in this paragraph,
but notice of change of address is effective only upon receipt.
16. CRA Agreement. Although not a signatory to this Agreement, the parties hereto
acknowledge that the CRA is a third-party beneficiary of certain provisions of this Agreement.
17. Choice of Lawl Venue. All claims, disputes or suits arising out of this agreement
shall be interpreted under the laws of Florida with venue in Palm Beach County, Florida.
i 8. No Partnership. The parties do not in any way or for any purpose, become a partner
of the other in the conduct of the ownership or operation of the Public Parking Facility or Public
Parking nor does either party otherwise become a joint venturer or a member of a joint venture
enterprise or partner of, or with, the other.
Page 17
g:ks\w\block77~parkingLRgt. O I aa.sbs. 102899
19. No Third Party Beneficiary_. This Agreement is not intended to create, nor be
interpreted or construed in any way to create any third party beneficiary rights in any person not a
party hereto unless otherwise expressly provided herein.
20. Recordation. This Agreement or a memorandums of this Agreement may be
recorded in the Public Records of Palm Beach County at the expense of the recording party.
21. Non-Discrimination. As it relates to this Agreement, the parties to this Agreement
shall not discriminate in employment or the maintenance, operation or construction contemplated
in this Agreement by reason of race, religion, creed, national origin, sex, handicap or disability.
22. Entire Agreementl Modifieations~ Conflict. This Agreement, along with
documents incorporated herein together with all insurance documents required represents the entire
Agreement. This Agreement and incorporations may not be changed other than in writing and signed
by the parties. If there is an express conflict between this Agreement and the documents referenced
herein, this Agreement shall control.
Page 18
g:~s\w\block77\pa~klnsX, Agt.01 aa.$bs. ! 02899
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their proper officials on the day and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
CITY CLERK By:
Printed Name: JAY ALPERIN, Mayor
Approved as to Form:
CITY ATTORNEY
Printed Name:
ATTEST: BLOCK 77 DEVELOPMENT GROUP,
L.C.
By:.
Printed Name: Print Name:
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instnunent was acknowledged before me this ~ day of ,
1999 by (name of officer or agent, title of officer or agent) of
(name of corporation acknowledging), a . (state
or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to
me or has produced (type of identification) as identification and did
(did not) take an oath.
Page 19
g:~\w\block7 7\patkingLa, gt.0 ! aa.sbs. 102899
Notary Public
My Commission Expires:
Page 20
g:~s\w\block77\parking~S, gt.O I aa.sbs. 102899
STATE OF FLORIDA
CO UNTY OF PALM BEA CH
The foregoing instrument was acknowledged before me this ~ day of ,
1999 by (name of officer or agent, title of officer or agent) of
(name of limited liability company acknowledging), a
(state or place of organization) limited liability company, on behalf of the
limited liability company. He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take an oath.
Notary Public
My Commission Expires:
Page 21
g:ks\w\block77~parkingkAgt. O I aa. sbs. i 02899
EXHIBIT "A"
The City Lands
The South 59.84 feet of Lots 4, 5 and 6, Block 77, Town of Linton, (now Delray Beach),
according to the Plat thereof as recorded in Plat Book 1, Page 3 (sheet 2) of the Public Records of
Palm Beach County, Florida.
Lot 13, less the North 16 feet thereof, Block 77, Town of Linton, (now Delray Beach),
according to the Plat thereof as recorded in Plat Book 1, Page 3 (sheet 2) of the Public Records of
the Palm Beach County, Florida.
Lot 7, less the North 16 feet thereof, Block 77, Town of Linton (now Delray Beach),
according to the Plat thereof as recorded in the Plat Book 1, Page 3 (sheet 2) of the Public
Records of the Palm Beach County, Florida.
Page 22
g:~s\w\block77XparkingLAgt.0 ! aa.sbs. 102899
EXHIBIT "B"
Block 69
Legal Description
Lots 20, 21 and 22, Subdivision of Block 69, according to the Plat thereof, recorded in
Plat Book 2, Page 43 of the Public Records of Palm Beach County, Florida.
Page 23
g:~s\w\block77~patkin gVkgt. O I aa.sbs. 102899
EXHIBIT "C"
Design Plan
To be provided.
Page 24
g:~s\w\block 77\parking~Agt.01 aa.sbs. 102899
EXHIBIT "D"
Developer's Parcels
South 9.4 feet of Lot 15 and all of Lot 16, Block 77, Map of the Town of Linton, Florida,
according to the Plat thereof, as recorded in Plat Book 1, Page 3 of the Public Records of Palm
Beach County, Florida.
Lot 10 and the North 50.5 feet of Lot 11, Block 77, Town of Linton n/k/a Town of
Delray, according to the Plat thereof, as recorded in Plat Book 1, Page 3, of the Public Records of
Palm Beach County, Florida.
Page 25
g:~s\w\block77\parking~Agt.0 ! aa. sbs. ! 02899
EXHIBIT "E"
INSURANCE
At all times during the term of this Agreement DEVELOPER, at its expense, shall keep or cause
to be kept in effect the following:
1. Fire and All Risk Property coverage (including flood insurance, if applicable, to the
extent available through a federally sponsored program for flood insurance) on the entire Parking
Building, the public parking and access ways and easements, improvements, fixtures and machinery
contained therein constructed or under construction by DEVELOPER in an amount equal to its full
insurable value with a deductible(s) of not more than two percent (2%) of the full insurable value
provided that such deductible(s) may be increased so as to be commercially reasonable with the
consent of the City Manager, such consent not to be unreasonably withheld. The All Risk policy
shall include CITY'S interest as loss payee.
2. Workers' Compensation Insurance to the extent required by Florida Statutes, for all
persons employed by DEVELOPER, its contractors, agents or independent contractors who, in the
course of their employment, come upon the Public Parking and easements.
3. A commercial general liability insurance policy, including garage keepers liability
insurance, in standard form, insuring DEVELOPER and CITY as an additional insured (in addition
to any other person or entity who may be an insured thereunder), against bodily injury or property
damage per the standard ISO commercial general liability policy in the amount of not less than Five
Million Dollars ($5,000,000). All such policies shall cover the Public Parking as defined herein
which includes all easements and alleyways. The CITY shall have the right to review the amount
of the commercial general liability insurance policy provided by DEVELOPER at ten (10) year
intervals following the date of this Agreement. If, at the time of such review, the CITY determines
that the amount of insurance then being carried is not commercially reasonable, the CITY shall
notify the DEVELOPER of the increased amount of such commercial general liability insurance
required to be commercially reasonable in the CITY'S judgment. If DEVELOPER agrees with the
CITY'S determination, the commercial general liability insurance policy shall be increased to such
amount as determined by CITY.
4. Any and all net insurance proceeds received by or on account of DEVELOPER, as
the case may be, shall be held in trust by the recipient thereof, who shall administer and apply such
proceeds in accordance with the provisions of this Agreement.
Page 26
g:~s\w\block 77~parkingLa, gt.01 aa.sbs. ! 02899
5. All of the policies of insurance provided for in this Agreement: (i) shall be in the
form and substance approved by the Insurance Department of the State of Florida, (ii) shall be issued
only by companies licensed by the Insurance Department of the State of Florida, (iii) Certificates of
Insurance pertaining to same shall be delivered to CITY, prior to the commencement of the Term
of this Agreement, (iv) shall be with a carrier having a Best's Rating of not less than B+ Class VII,
(v) shall bear endorsements showing the receipt by the respective companies of the premiums
thereon or shall be accompanied by other evidence of payment of such premiums to the insurance
companies, including evidence of current annual payment, if on any installment payment basis, and
(vi) shall provide that they may not be canceled by the insurer without service of notice of the
proposed cancellation upon CITY (at least thirty (30) days notice) and shall not be invalidated as
to the interest of CITY by any act, omission or neglect of DEVELOPER; and (v) shall name the
CITY as an additional insured as to paragraphs 1 and 3 above. A copy of the policy, including all
amendments or endorsements, shall be delivered to the CITY within fifteen (15) days of the
commencement of the policy's term and within fifteen (15) days of any amendment or endorsement
thereof. In any case where the original policy of any such insurance shall be delivered to
DEVELOPER, a duplicate original or certificate of such policy shall thereupon be delivered to
CITY. All insurance policies shall be renewed by DEVELOPER, and certificates evidencing such
renewals, bearing endorsements or accompanied by other evidence of the receipt by the respective
insurance companies of the premiums thereon, shall be delivered to CITY, at least twenty (20) days
prior to their respective expiration dates.
6. If DEVELOPER fails to obtain and maintain insurance as provided in this
Agreement and such failure shall continue for a period of thirty (30) days after notice by CITY,
CITY may, but shall not be obligated to, effect and maintain any such insurance coverage and pay
premiums therefor of pursue any other remedy provided by contract or allowed by law.
7. The obligation of collection upon the insurance policies furnished and provided for
by DEVELOPER, or obtained by CITY by reasons of the failure of DEVELOPER to obtain them,
shall be upon DEVELOPER, but CITY shall cooperate in such collection (but without expense to
CITY) in such reasonable degree as may be requested by DEVELOPER.
Page 27
g:~s\w\block77\parking\Agt.01 aa,sbs. 102899
POST OFFICE BOX 1301
DELRAY BEACH, FLOPdDA 33947
HOT LINE 561-266-9400
FAX: .,61-4.8-8~.0.
To the Members of the City Commission
100 N.W. 1st. Ave
Delray Beach, FI. 33445
Ladies and Gentlemen,
Jean Beer
~esident P.~O.D. suppo~s mixed used projects in the downtown. P.~O.D.
:,, would like a compromise on Block 77 to a lower intensi~ and height.
B~ Schwartz
":~,~ ..... r,~u~,,t:~-- P.~O.D. membem are ve~ concerned at the divisiveness on both
sides and it's effect on the ci~. In o~er to prelude this hap~ning
~,,~ again, they would like to come back and d~cuss a sho~ term hold on
Secretary' this ~pe of conditional use until a plan has b~n created that is
Jo ~nrt~e.~" '-*, acceptable to eve~one.
mGretchen ~con~t~,=~l ......... Sincerely,
Jean Beer, President
~v~u ~e~rs
rzcnu~ Chasen
G=ram ~Foe
, CITY COMMISSION DOCUMENTATION,
TO: DAVID T. HARDEN, CITY MANAGER
SUBJECT: MEETING OF NOVEMBER 2, t999
CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.19(D) [MIXED
INDUSTRIAL AND COMMERCIAL TO ALLOW TOWING SERVICES WITH OUTSIDE
STORAGE AS A CONDITIONAL USE.
, BACKGROUND
An amendment to the MIC zone district regulations has been requested by Accel Towing who wishes to
relocate from 1208 Georgia Street to the property at the northwest corner of Georgia Street and Lime
Lane, which they currently use for storage. The development proposal for the site includes construction of
a perimeter wall, perimeter landscaping, and construction of a building for an office and a shop. In
addition to towing services, there will be associated outside storage, auto repair and body work. The
request is to allow outside storage associated with towing services. Thus, the proposed text amendment
is to eliminate Section 4.4.19(D)(1)(c) (Towing services, with no outside storage) and add 4.4.19(D)(2)(f)
(Towing services, with outside storage).
In order to accommodate towing services with associated storage, towing services should be included in
Section 4.4.19(D)(2), which prohibits outside storage within 150' of a property line adjacent to an arterial
roadway. This would be similar in impact as parking lots for storage of vehicles, and storage of light
construction equipment. In addition, the storage areas are to be screened in a manner approved by
SPRAB (Site Plan Review and Appearance Board). As the storage areas are to be set back 150' from the
arterial and screened, the concerns with aesthetics is diminished. For any property within the MIC district,
including those properties that are not located adjacent to an arterial, the storage area is not allowed
within the setback areas. Within the MIC zone district, the setback requirements are: 25' front, 25' side
street, 10' side interior, and 10' rear. Additional background and an analysis of the request is found in the
attached Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing regarding this item at its meeting of October 18,
1999. There was no public testimony regarding the request. The Board felt that towing service with no
outside storage should still be classified as a conditional use due to the associated company trucks and
needed maneuvering areas. After discussing the text amendment, the Board voted 7-0 to recommend to
the City Commission that LDR Section 4.4.19(D)(2)(Conditional Uses and Structures Allowed) be
amended to allow the Towing Services with outside storage as a conditional use in the MIC zoning district.
RECOMMENDED ACTION
By motion, approve on first reading a text amendment to LDR Section 4.4.19(D)(2) (Conditional Uses and
Structures Allowed) to include towing services with outside storage as a conditional use, based upon the
findings and recommendations by the Planning and Zoning Board, setting a public hearing date of
November 16, 1999.
Attachments: P&Z Staff Report and Documentation of October 18, 1999
Ordinance by Others
ORDINANCE NO. 44-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC)
DISTRICT", SUBSECTION 4.4.19(D), ~CONDITIONAL
USES AND STRUCTURES ALLOWEd', OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY DELETING SUBPARAGRAPH 4.4.19(D) (1) (c)
AND BY ADDING A NEW SUBPARAGRAPH 4.4.19(D) (2) (f)
TO ALLOW ~TOWING SERVICES WITH OUTSIDE STORAGE'
AS A CONDITIONAL USE IN THE MIC ZONE DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public
hearing on October 18, 1999, and voted unanimously to recommend
adoption of the proposed amendment; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLL(IWS:
Section 1. That Chapter 4, "Zoning Regulations", Section
4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection
4.4.19(D), ~Conditional Uses and Structures Allowed", Subparagraph
4.4.19(D) (1), of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(D) Conditional Uses and Structures Allowed:
(1) The following uses are allowed as conditional
uses within the MIC Zone District:
(a) Kennels, no on-site disposal of
carcasses;
(b) Material and component recovery for
reuse, such as the disassembly and resale
of computer components, appliances, and
electrical components. This does not
include resource recovery facilities as
described and regulated by Section
4.3.3(Z);
(c) Towin§ ..... ~ .... itu ..... ~ ~+ ......
(c_~) Automobile paint, body and repair shops;
(d_e) Boat repair and service;
(e_~) Self-Service Storage Facilities (SSSF),
pursuant to the provisions set forth in
4.3.3(A)
Section 2. That Chapter 4, "Zoning Regulations", Section
4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection
4.4.19(D), "Conditional Uses and Structures Allowed", Subparagraph
4.4.19(D) (2), of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(2) The following additional uses are also allowed
as conditional uses in the MIC zoning
district. Howew~r, any outside storage
associated with such uses may not be located
within one hundred and fifty feet (150') of
any property line adjacent to an arterial
roadway (excluding Interstate 95):
(a) Lumberyards;
(b) Garages and lots for the parking and
storage of vehicles, including the
storage of light trucks, up to and
including two-ton trucks;
- 2 - Ord. No. 44-99
(c) Storage and rental of light construction
equipment not over twenty-four feet
(24'), eight feet (8') wide, and ten feet
(10') high;
(d) Monument and ornamental stone cutting;
(e) Rental and sales of modular buildings=i
and
(f) Towinq services, with outside storage.
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
- 3 - Ord. No. 44-99
II, PLANNING AND'ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: OCTOBER 18, 1999
AGENDA ITEM: V.H. AMENDMENT TO LDR SECTION 4.4.19(B) AND (D)
REGARDING TOWING SERVICES IN THE MIC (MIXED
INDUSTRIAL AND COMMERCIAL ZONING DISTRICT
, ,TEEBEFO.E THE'BOA.D ~ '' m
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR text amendment to Section 4.4.19(D) Mixed Industrial and Commercial
(MIC) zoning district, Conditional uses and Structures Allowed, to add "towing services with
outside storage" as a conditional use, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations
may not be made until a recommendation is obtained from the Planning and Zoning Board.
At the time of preparation of the Land Development Regulations (LDRs), them were
discussions regarding the types and intensity of uses allowed in the MIC zone district, as well
as the poor condition of several developments within the district. The concerns related to the
uses along the Congress Avenue corridor. With the adoption of the LDRs in October 1990,
the MIC zone district accommodated only those industrial uses that which were allowed as
principal uses in the I (Industrial) zone district. There were no conditional uses listed. As
such, the conditional uses previously established prior to adoption of the LDRs became
nonconforming.
One of these uses was GELCO modular trailers located at 200 N. Congress Avenue. It was
the consensus of the Planning and Zoning Board and City Commission that some conditional
uses should be allowed in the MIC zone district. On January 29, 1991, the City Commission
approved an LDR amendment to add 8 conditional uses to the MIC zone district as follows:
1. Garages and lots for the parking and storage of vehicles, including the storage of light
trucks, up to and including two-ton trucks;
2. Kennels, no on-site disposat of carcasses;
3. Lumberyards;
4. Monument and ornamental stone cutting;
5. Rental and sales of modular buildings;
6. Resource recovery facilities, pursuant to the provisions of 4.3.3(Z);
7. Storage and rental of light construction equipment not over twenty-four feet (24') long,
eight feet (8') wide, and ten feet (10') high; and,
8. Towing services and attendant storage.
Planning & Zoning Board Staff Report
Towing Services in the MIC Zone District - LDR Text Amendment
Page 2
In June, 1994, both the Planning and Zoning Board and the City Commission rejected a
proposal to rezone several parcels along Congress Avenue from MIC to LI, and opted
instead to consider changes to the development standards.
In October, 1994, the MIC district regulations were amended to require that all uses be
conducted completely within an enclosed building, except for approved outside storage which
must be screened from view.
In November, 1995, the district regulations were amended to add "Interior Design and
Furnishings" as permitted use.
In 1996, the City Commission directed staff to again review the allowable uses in the MIC
district, particularly as they relate to the intensity of uses in the Congress Avenue corridor.
At its meeting of February 24, 1997, the Planning and Zoning Board formally initiated
amendments to the MIC district regulations. ]'he purpose of the amendment was to allow for
uses that would create opportunities for a broad mix of businesses to operate in a clean and
controlled environment, benefiting from the synergy of a well-mixed business climate. It
clarified the intended goal of the district and attempted to improve the aesthetics along
arterial roadways such as Congress and Atlantic Avenues. In addition, the amendment
sought to eliminate or severely restrict uses that would detract from these opportunities. With
the text amendment, towing services were to be deleted from the list of allowable conditional
uses due to their overall negative impacts related to the outside storage of such "inventory"
as wrecked cars. It was identified that by doing so, two towing companies would become
nonconforming.
During the Planning and Zoning Board public headng on July 21, 1997, the Board felt that
towing services with no outside storage should be allowed as a conditional use, if they were
not on arterial streets. Thus, towing services with no outside storage was to be added. In
addition, automobile paint, body and repair, and boat repair and service were added as
conditional uses, and resource recovery facilities deleted.
At its meeting of September 23, 1997, the City Commission approved the text amendment
which included towing services, with no outside storage. In addition, for those conditional
uses that allow outside storage, a special provision was added to exclude that storage from
being located within 150' of an arterial roadway (except 1-95).
'PROPOSED LDR TEXT AMENDMENT / DEVELOPMENT pROPOSAL i
An amendment to the MIC zone district regulations has been requested by Accel Towing who
wishes to relocate from 1208 Georgia Street to the property at the northwest corner of
Georgia Street and Lime Lane, which they currently use for storage. A site inspection was
conducted and it appears the property is being used as a junkyard with vehicles parked and
stored in the right-of-way. There is currently a Code Enforcement case pending (#97-
00036238) for the property as the applicant is pursuing approval to improve the site to
accommodate the proposed towing service. The development proposal for the site includes
construction of a perimeter wall, perimeter landscaping, and construction of a building for an
Planning & Zoning Board Staff Report
Towing Services in the MIC Zone District - LDR Text Amendment
Page 3
office and a shop. In addition to towing services, there will be associated outside storage,
auto repair and body work.
The request is to allow outside storage associated with towing services. Thus, the proposed
text amendment is to eliminate Section 4.4.19(D)(1)(c) (Towing services, with no outside
storage) and add 4.4.19(D)(2)(f) (Towing services, with outside storage).
i LDR TEXT AMENDMENTANALYSlS I
LDR Section 2.4.5(M){5) {Findin_cls): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR 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.
Towing services, with no outside storage [ref. LDR Section 4.4.19(D)(1)(c)] is allowed in the
MIC zone district as a conditional use, and towing service, with associated storage is allowed
as a conditional use in the I (Industrial) zone district [ref. LDR Section 4.4.20(D)(18)].
Pursuant to the LDRs, towing services with attendant storage facilities, is defined as a
business whose primary service is the towing and storage of motor vehicles, and does not
include the towing of motor vehicles incidental to an automobile repair facility. Motor vehicles
meeting the definition of "inoperable" per Delray Beach Code of Ordinances Section 90.01
must be turned over to a licensed junkyard within 72 hours unless housed within an enclosed
building.
As previously stated, "towing services with outside storage" was eliminated from the MIC as
an allowable use due to the overall negative impacts related to the outside storage of
wrecked vehicles. In some instances, these types of uses eventually become junkyards and
vehicles are stripped for parts. Junkyards are allowed as a conditional use in the I
(Industrial) zone district. Most of the towing services that do exist typically store the vehicles
indoors or transfer them to repair facilities or junkyards within a few days. In order to
accommodate towing services with associated storage, towing services should be included in
Section 4.4.19(D)(2), which prohibits outside storage within 150' of a property line adjacent to
an arterial roadway. This would be similar in impact as parking lots for storage of vehicles,
and storage of light construction equipment. In addition, the storage areas are to be
screened in a manner approved by SPRAB (Site Plan Review and Appearance Board). As
the storage areas are to be set back 150' from the arterial and screened, the concerns with
aesthetics is diminished. For any property within the MIC district, including those properties
that are not located adjacent to an arterial, the storage area is not allowed within the setback
areas. Within the MIC zone district, the setback requirements are: 25' front, 25' side street,
10' side interior, and 10' rear.
If the inoperable vehicles are not transferred within 72 hours, then the site is classified as a
junkyard, which is not permitted in the MIC zone district. "Towing services with no outside
storage" would be eliminated as a conditional use, and could possibly be added as a
permitted use in the district.
Planning & Zoning Board Staff Report
Towing Services in the MIC Zone District - LDR Text Amendment
Page 4
The applicant could have applied to rezone the property to I (Industrial), however, there does
not appear to be a clear basis for rezoning. The proposed text amendment is consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
REVIEW BY OTHERS:, '
The proposal is not in a geographical area requiring review by the CRA (Community
Redevelopment Agency), DDA (Downtown Development Authority) or HPB (Historic
Preservation Board).
Courtesy Notices:
A special courtesy notice was provided to the following civic and homeowner's associations:
· Chatelaine · Rainberry Bay
· High Point Section I · Rainberry Lake
· Greensward Village ° Villas of Rainberry Lake
° Hanover Square ° Sherwood Forest
° The Hamlet · The Sudan
· Pines of Delray North · Windycreek
· President's Council · Woodlake
° Progressive Residents of Delray (PROD) °
Letters of objection and support, if any, will be presented at the Planning and Zoning Board
meeting.
By motion, recommend to the City Commission that LDR Section 4.4.19(D)(2)(Conditional
Uses and Structures Allowed) be amended to include towing services with attendant outside
storage, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text,
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Attachments:
Proposed Amendment
· Zoning Map
· Request Letter
CITY OF DELRAY BEACH, FLORIDA
! T L-30 CANAL
~ r:~'~
;~ '~' LAK-" IDA ROAD
~ ...... ~ r" ..... ,-,i N.W. 2NO ST.
! m ! ATLANTIC
ATLAN'TIC 5,W. 2ND ST.
L. ~ ,~
LOWc~ON BOLJL.~VA~D '~.W. 'lOTH
L,~ON ~O~LEVAR~
j LIN
~ L-38 CANAL C-15 CANAL. J
CITY LIMITS
MIC ZONING DISTRICTS
PLANNIN~ D[PARTM~N~
-- DIGITAL ~45£ ~P S~TEM --
~ REF: L~42
I ril i rll(l( r pl - ing and zoning consult -',ts
rezoning
concurrency
conditional use
special exceptions
DRC
site plan approval
annexations
comp plan
amendments,
August 24, 1999 variances
(county, state,
municipal)
Diane Dominguez, Planning & Zoning Director abandonments
City of Delray Beach palm beach
broward
100 NW 1st Ave. dade &
Delray Beach, FL 33444 all counties
& cities
HAND DELIVERED in florida
RE: Amend Land Development Code - in M1C Zoning District
Section 4.4.19 ID) I1) (c) - Towing services with no outside storage,
Dear Diane;
This letter is with regard to our meeting June 1, 1999 (with Jeff Costello attending),
when we discussed the possibility of rezoning Accel Towing on Georgia Street. I
informed you there would be a new owner and that the operation would be moving
from their current location in the warehouse at 1208 Georgia Street to the lot they
use for storage on the northwest corner of Georgia Street and Lime Lane. They are
planning to construct a wall around the property, landscaping the perimeter and
constructing a building for an office and shop. They will be doing auto repairs,
bodywork and storing towed vehicles.
We discussed the possibility of rezoning the property from MIC to IL. You said that
could be done but since a Towing Company with no outside storage is already
allowed in the MIC Zoning District, it would make better sense for MIC to include
outside storage, as does the IL Zoning District.
In the Mixed Industrial and Commercial District an exception has already been made
to allow outside sterage associated with the certain uses. Lumberyards; Garages and
lots for parking and storage of vehicles, including the storage of light trucks, up to
and including two-ton trucks; Storage and rental of light construction equipment not
over twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high; Rental
and sale of modular buildings. The outside storage must not be located within one
hundred and fifty feet (150') of any property line adjacent to an arterial roadway
(excluding Interstate 95).
A case can be made to eliminate (c) in Section 4.4.19 (D) (1)and ad a letter (f) to
Section 4.4.19 (D) (2) to allow Towing services with outside storage.
Therefore, I am requesting an amendment be made to LDR Section 4.4.19 (D) (1) (c)
be changed by eliminating the (c) and adding an (f) to Section 4.4.! 9 (D) (2) to allow
Towing Services, with outside storage, as conditional use.
I have enclosed a check in the amount of $500.00 which is the fee for this request.
If any additional information is required please contact me as soon as possible.
BK/ci~," Beril Krug/'
CC: Lane Strobel
Enclosure
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING ~
SUBJECT: MEETING OF NOVEMBER 2, 1999
CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.15(D)(1) REGARDING
RESTAURANTS AS A CONDITIONAL USE IN THE POC (PLANNED OFFICE CENTER)
ZONING DISTRICT
The item before the Board is the consideration of an amendment to Land Development Regulations (LDR)
Section 4.4.15, Planned Office Center {POC) District, subsection {D) Conditional Uses and Structures
Allowed. The proposal is to modify the existing language that allows restaurants as a conditional use.
This proposal is being generated primarily to resolve the nonconforming status of the former Rod and Gun
Club restaurant located on West Atlantic Avenue, which is zoned POC. The property owner wishes to reopen
the establishment as a steak and seafood restaurant. The POC distdct allows as a conditional use
"Restaurants when it is designed to be a part of the overall POC concept and is primarily directed toward
meeting the noon time demands of the POC," The restaurant building is the only structure on this POC zoned
parcel, therefore it is impossible to comply with the provision that it be geared toward meeting the noontime
demands of an office center. The previous restaurant use has been discontinued for more than 180 days, and
cannot be reestablished given the present code language. The proposed amendment is as follows:
Section 4.4.15 Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the POC District:
(1) Restaurants~ ;".,'h,~n ;* ;~ '~"~;"""'~ +''' ~'" a -'o~ '''~ *~- ....... "DOC ...... * ~"'~ ;° "';"""';"' ,4;r,.,~.,,4
· ...... '~ ~'""*;"" *~'" --'on *;""" '~ .... '~ ''~ *~'" or~r- excluding drive-in and drive-throuRh facilities
This amendment is a relatively minor change that will have little impact on most of the POC zoned parcels in
the City, since the ability to establish restaurants in conjunction with existing office developments is already in
the code. Additional background and an analysis of the request is found in the attached Planning and Zoning
Board staff report.
The Planning and Zoning Board held a public headng regarding this item at its meeting of October 18, 1999.
There was no public testimony regarding the request. After discussing the amendment, the Board voted 7-0 to
recommend to the City Commission that LDR Section 4.4.15(D)(1) (POC Zoning District, Conditional Uses and
Structures Allowed) be amended to modify the restrictions regarding restaurants in the POC zoning district.
By motion, approve on first reading a text amendment to LDR Section 4.4.15(D)(1) (Conditional Uses and
Structures Allowed) to allow stand alone restaurants, excluding drive-in and drive-thru facilities, as a
conditional use in the POC zoning district.
Attachments:OrdinanceP&Z Staff Reportby Othersand Documentation of October 18, 1999 I] / ;~ /
ORDINANCE NO. 45-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
4.4.15, "PLANNED OFFICE CENTER (POC) DISTRICT",
SUBSECTION 4.4.15(D), ~CONDITIONAL USES AND
STRUCTURES ALLOWEd', OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR 'RESTAURANTS, EXCLUDING DRIVE-IN AND
DRIVE-THROUGH FACILITIES' AS A CONDITIONAL USE
IN THE POC ZONE DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public
hearing on October 18, 1999, and voted unanimously to recommend
adoption of the proposed amendment; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Section
4..4.15, "Planned Office Center (POC) District", Subsection
4.4.15(D), ~Conditional Uses and Structures Allowed", of the Land
Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses
within the POC District:
(1) Restaurants,_ "~^~,,.~,~ it~Is ~.~~-~^~ to ~ ..... ~ ~+~
of thc ...... ~i n~ ...... + ~ ~ ~ '~
~ +~ n~ excluding drive-in and drive-
through facilities.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
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. 45-99
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: OCTOBER 18, 1999
AGENDA ITEM: V.I. AMENDMENT TO LDR SECTION 4.4.15(D)(1)
REGARDING RESTAURANTS AS A CONDITIONAL USE IN THE
POC (PLANNED OFFICE CENTER) ZONING DISTRICT.
ITEM BEFORE THE ~BOA. R
I
The item before the Board is the consideration of an amendment to Land Development
Regulations (LDR) Section 4.4.15, Planned Office Center (POC) District, subsection
(D) Conditional Uses and Structures Allowed. The proposed amendment is to
modify the existing language allowing restaurants as a conditional use.
Pursuant to LDR Section 2.4.5(M), amendments to the Land Development Regulations
require a public hearing and recommendation by the Planning and Zoning Board.
This proposal is being generated primarily to resolve the nonconforming status of the
former Rod and Gun Club restaurant located on West Atlantic Avenue. The restaurant
was established in 1983 under an SAD zoning designation. With the Citywide
rezonings in 1990, the parcel was rezoned to POC. The POC district allows as a
conditional use "Restaurants when it is designed to be a part of the overall POC
concept and is primarily directed toward meeting the noon time demands of the POC."
The restaurant was the only structure on this POC zoned parcel, therefore it was
impossible to comply with the provision that it be geared toward meeting the noontime
demands of an office center. Apparently it was thought at the time that the adjacent
18-acre vacant tract would eventually develop as an office park, and the restaurant
would become a part of that development. The 18-acre tract was annexed into the
City in 1995 and zoned RM (Medium Density Residential) in part and RM-6 (Medium
Density Residential- 6 du/ac) in part. Subsequently, approval was granted for a 191 unit
multi-family development known as Villas D' Este. With the development of the
property for residential purposes, there was no possibility of the Rod and Gun Club
restaurant becoming a conforming use.
On September 3, 1998, the Occupational License division was notified by the property
owner that the Rod and Gun Club restaurant had been evicted, and the existing license
became inactive. Once a nonconforming use vacates the premises for 180 days or
more it cannot be reestablished unless it complies with current regulations. Stand-alone
restaurants are not permitted in the POC, therefore a rezoning or text amendment is
necessary in order to reestablish the use.
P& Z Board Memo Report
LDR Amendment--Restaurants in the POC
Page 2
In September of this year the Planning and Zoning Board held a public hearing on a
request to rezone the subject property to NC (Neighborhood Commercial). The NC
district allows restaurants, but it also allows numerous other retail and service type uses
that the surrounding neighbors found objectionable. There was substantial public
testimony supporting the reestablishment of the restaurant but opposing the rezoning.
The Board voted unanimously to deny the petition, and directed staff to seek alternative
approaches to allow the restaurant without opening the property up to a variety of other
more intensive uses.
The proposed text amendment is being processed in response to that request.
Pursuant to LDR Section 2.4.$(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 proposed amendment in strike through and underline format is as follows:
Section 4.4.15
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the POC District:
· ~ POC pt
/~ ~ Restaurants, ,;;hen, it :s dsc, ned *'" ~'~ a "'""* ''~ *~' ....... " ccnc:
POC. excluding drive-in and drive-through facilities.
The effect of the amendment is to allow stand-alone restaurants in the POC that are not
limited to primarily serving employees and customers of an associated office center.
While it may introduce a somewhat more commercial component to the POC district, in
reality the change will probably have little impact. Most of the existing POC parcels
(see attached location map) are at least partially developed with office uses, and
already have the ability under the existing code to establish a restaurant use.
Additionally, enforcement of the existing restrictions is impractical on a long-term basis,
in terms of trying to ensure that a restaurant's customer base is limited to office workers.
The POC district has a minimum building size of 4,000 square feet, and requires that
structures be architecturally integrated with each other. Individual buildings must also
have direct access to and from other portions of the development. These requirements
will help to ensure that any restaurants that are established will function as part of the
overall POC, even if they cater to a wider clientele. The minimum building size and
prohibition on drive-through lanes will virtually eliminate the possibility that a typical fast
P& Z Board Memo Report
LDR AmendmentmRestaurants in the POC
Page 3
food restaurant could be established in a POC. Also, the fact that restaurants can only
be approved through the Conditional Use process will provide additional opportunities_to
limit and control any negative impacts on adjacent properties. If the text amendment is
approved, the new restaurant tenant for the Rod and Gun Club property must apply for
Conditional Use approval to reestablish the use.
REVIEW BY OTHERS
There are no POC-zoned parcels located in areas falling under the review authority of
the Community Redevelopment Agency (CRA), Downtown Development Authority
(DDA), or Historic Preservation Board (HPB). Courtesy notices were sent to the
following:
· Progressive Residents of Delray (PROD)
· President's Council
· Chatelaine Homeowner's Association
· The Hamlet
· Greensward Village (in The Hamlet)
^ s s is s M
This amendment is a relatively minor change that will mainly impact the Rod and Gun
Club property. It will provide a mechanism to lawfully reestablish the former restaurant
use, without rezoning the property to a category that would allow uses that may be
incompatible with surrounding development. It will have little impact on other POCs,
since the ability to establish restaurants in conjunction with existing office developments
is already in the code. While it does not specifically fulfill an objective or policy of the
Comprehensive Plan, it is not inconsistent with anything in the Plan.
By motion, recommend that the City Commission approve the proposed amendment to
allow "Restaurants, excluding drive-in and drive-through facilities" as a Conditional Use
in the POC district, based upon positive findings with LDR Section 2.4.5(M)(5).
Attachment:
· Location Map of POC-Zoned Parcels
s:planni/P&Z/LDRResta urantsPOC
CITY OF DELRAY BEACH, FLORIDA ""~'~
PLANNIN~ & ZONIN~ DEPARTMENT
[ .............................. i~-~
~._.~! ~ ....... ~ ~
I I
MAP OF POC-ZONED PARCELS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #/DaO - REGULAR MEETING OF NOVEMBER 2, 1999
ORDINANCE NO. 42-99 (HEGSTROM PROPERTY REZONING)
DATE: OCTOBER 27, 1999
This is second reading and a quasi-judicial public hearing for Ordinance No. 42-99 which rezones a
parcel of land known as the Hegstrom property from Rd-AA (Single Family Residential) to R-1-A
(Single Family Residential) District. The subject property is located on the north side of N.E. 22nd
Street, approximately 4S0 feet east of Seacrest Boulevard, and contains 0.637 acres.
The site was annexed into the City in 1988 as part of Enclave 5. The subject property and an
additional parcel to the west were given a City zoning classification of ILL (Multiple Family Residential
- Low Density). The property currently contains a single family home and a beauty shop. In
November, 1997, the City Commission denied a request to subdivide the property into two lots
because the owner's intent to construct two duplexes (4 units) was inconsistent with the existing
development pat-rem of primarily detached single family homes.
The Seacrest/DeMda Park Redevelopment Plan was adopted by the City Commission on March 3,
1998. The plan includes recommendations for revitalizing the neighborhood, including the rezonmg
of all multiple family zones (including the subject property) to single family. These rezonmgs were
subsequently approved by the City Commission on October 20, 1998. Following the rezonmg of the
subject property from ILL to R-l-AA, the owners filed a claim against the City under the Bert j.
Harris, Jr. Private Property Rights Protection Act alleging devaluation of their property. The City and
the property owners entered into a Settlement Agreement on August 16, 1999, whereby the City
agreed to rezone the property to R-1-A.
The Planning and Zoning Board held a public heating on this item on October 11, 1999. Two area
residents expressed concerns. The Board voted 6 to 0 to recommend approval of the rezonmg. The
Community Redevelopment Agency reviewed the rezonmg on October 14, 1999, and the CRA Board
also recommended approval. At first reading on October 19m, the City Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 42-99 on second and final reading, based upon positive
findings and the recommendation of the Planning and Zomng Board.
Ref:Agmemo21.Ord.42-99.Hegstrom Property Rezonmg
ORDINANCE NO. 42-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT IN THE R-1-A (SINGLE
F~ILY RESIDENTIAL) DISTRICT; SAID LAND BEING
CO~MONLY KNOWN AS THE HEGSTROM PROPERTY LOCATED
ON THE NORTH SIDE OF N.E. 22ND STREET,
AP?ROXIMATELY 450 FEET EAST OF SEACREST
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on
the Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned R-l-AA (Single Family Residential)
District; and
WHEREAS, at its meeting of October 11, 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 ~eflect a zoning classification of R-1-A (Single Family
Residential) District for the following described property:
The East 165 feet of the West 310 feet of the
South Half (S ~) of the Southeast Quarter (SE ~)
of the Northeast Quarter (NE ~) of the Southwest
Quarter (SW ~) of the Southwest Quarter (SW ~)
of Section 4, Township 46 South, Range 43 East,
Palm Beach County, Florida, LESS the South 25
feet thereof heretofore conveyed to the City of
Delray Beach, Florida, for street purposes;
AND
The South One-Half (S ~) of the Southeast
Quarter (SE h) of the Northeast Quarter (NE h)
of the Southwest .Quarter (SW h) of the Southwest
Quarter (SW h), LESS the West 310 feet and the
South 25 feet of Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida,
according to the Plat thereof on file in the
Office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, in Official
Record Book 62, Page 592.
The subject property is located on the north
side of N.E. 22nd Street, approximately 450 feet
east of Seacrest Boulevard; containing 0.637
acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
i~ediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 2nd day of November , 1999.
ATTEST: ~~AO~R'
First Reading October 19, 1999
Second Reading November 2, 1999
- 3 - Ord. No. 42-99
s.w. ~e~ ,vs. ;TREAM BOULEYARO
SEA CREST BL ~.
PRESB Y~RIAN ~
CHURCH ~ ~
CHRIS,AN ~ GULF STREAM
NW 25TH CT. SCHOOL
RD.
~NNIS
COUR TS
N.W. 24TH CT. AQUACREST
POOL
N.W, '4TH ST. CF
CF FOOTBALL
. FIELD
UNITY CHURCH
AND
EL EM£N TAR Y
SCHOOL
N.W. 22ND PINE RIDGE RD. N.E. 22ND w STR.
N.E. 21ST ST.
DELRA Y
SWAP SHOP
N.E. 2OTH ST.
N.W. 17TH ST. N Ir. ·
N.E. 17TH
N.W. 16TH ST.
N.E. 16TH ST. N. £. 16TH
N.W. 15TN ST.
N, E. 1§TH ST.
AVENUE N.
- REZONING -
CITY OF DELRAY BEACH, FL FROM: R-I-~U~ (SINGLE FAMILY RESIDENTIAL) TO: R-1-A (SINGLE FAMILY RESIDENTIAL)
PLANNING Jb ZONING D£PARTMF'NT
-- 01CI7'4: 8ASE MAP ,R)'~i'EM -- MAP REF: LM189
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 11, 1999
AGENDA ITEM: [I.E.
ITEM' Rezoning from R-l-AA (Single Family Residential) to R-1-A
(Singie Family Residential) for a Parcel of Land Located on the
North Side of N.E. 22nd Street, Approximately 450' East of
Seacrest Boulevard (N.E. 2nd Avenue).
STREAM BOULEVARD
GENE~L DATA:
COUR T5
Owner ..................................... ~lliam Hegstrom
~DDL
Applicant ................................. David T. Harden, City
City of Delray Beach, Florida
Location .................................. No~h side of N.E. 22nd ~ -
Street, approximately 450'
east of Seacrest Boulevard
FIELD
(N.E. 2nd Avenue) ~.~
Prope~ Size .......................... 0.637 Acre
Land Use Map Designation .... Low Density Residential (0-5
units/acre)
22~D ~T.
Existing City Zoning ................ R-I-~ (Single Family
Proposed City Zoning ............. R-1-A (Single Family ~ ~~~ ~ff ~ ~:
Residential)
Adjacent Zoning ............ NoAh: R-I-~
West: R-I-~
Existing Land Use .................. Single family house and
beau~ salon
Proposed Land Use ................ Rezoning the prope~ to
accommodate a change in
Sewer S_wlc .......................... Existing on site ~ __
ITEM, BEFORE THE BOARD
The item before the Board is that of making a recommendation on a City initiated
rezoning from R-l-AA (Single Family Residential) to R-1-A (Single Family
Residential)
The subject property is located at 225 NE 22"~ Street on the north side of the
street, approximately ,450 feet east of Seacrest Boulevard.
The subject pmpe~ was annexed into the City in 1988 as a pa~ of Enclave ~5. Prior
to annexation, it had a county zoning designation of RS-Single Family Residential. This
propeKy and an additional pamel to the west were given a City zoning classification of
RL (Multiple Family Residential- Low Densi~). The stated reason for this designation
was to create a buffer be~een the existing commercial development to the west and
the single family area to the east. However, there was an inconsistency in this
rationale, since the adjacent commercial pmpe~y is zoned neighborhood commercial
and that zone is used to accommodate limited retail and se~ices uses in a manner
convenient to yet not dis~ptive of residential areas. Additionally, the neighborhood
commercial area directly abuts single family residential development to the south and
east.
In November 1997, the owner sought to subdivide the parcel into two lots. Although the
subdivision would have resulted in lot sizes that were compatible with other lots in the
area, the stated intent to construct duplexes was inconsistent with the existing
development pattern of primarily detached single family homes. Additionally, a
neighborhood plan was being prepared at the time which contained language to rezone
the multiple-family districts within the area to single family. The Seacrest Homeowner's
Association was opposed to the subdivision, since the proposed development of the
property as duplex units was counterproductive to this effort. The application was
denied by the City Commission on November 18, 1997.
The SeacresfJDel-lda Park Plan was adopted by the City Commission on March 3,
1998. The plan included recommendations for revitalizing the neighborhood, including
the rezoning of all multiple family zones to single family.
In accordance with recommendations set forth in the Plan, the City rezoned the multiple
family districts within the neighborhood, including the subject property to single-family
residential on October 20, 1998. Although R-l-AA was the prevailing single family
district within the neighborhood, most of the multiple family zones were rezoned to
R-1-A. This was because the larger lot size requirements of the R-l-AA district would
have made a large number of existing single family home lots non-conforming.
However, since the subject property and the adjacent property to the west were
significantly larger, they were zoned R-l-AA.
P & Z Staff Report
Hegstrom Property - Rezoni,~g from R-l-AA to R-1-A
Page 2 -'- _-..
Following the rezoning of the property from RL to R-l-AA, the owners of the property
filed a claim against the City under the Bert J. Harris, Jr. Private Property Rights
Protection Act alleging devaluation of their property.
The City and the property owners entered into a Settlement Agreement on'August
16,1999, whereby the City agreed to rezone the property to R-1-A.
The subject property currently contains a single family house and a beauty shop. Both
of these uses are situated on the western portion of the lot. The eastern portion of the
lot is currently vacant. The property is surrounded by detached single family homes
zoned R-l-AA.
The proposal is to rezone the property from R-l-AA (Single Family Residential) to
R-1-A (Single Family Residential). The rezoning is being processed in accordance with
a Settlement Agreement between the property owners and the City.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1(Required Findings For Land Use and Land
Development Applications), prior to the approval of development applications,
certain findings must be made in a form which is part of the official record. This
may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve
or deny the development application. These findings relate to the Future Land
Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with
the Land Development Regulations.
· Future Land Use Map: The resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land
Use Map.
The FLUM (Future Land Use Map) designation for the subject property is LD (Low
Density Residential). The property is currently zoned R-l-AA. The proposed R-1-A
zoning will be consistent with the LD FLUM designation.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future
Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require
P & Z Staff Report
Hegstrom Property - Rezonir~g from R-l-AA to R-1-A
- ' Page 3
the provision of, needed capital improvements in order to maintain the Levels of
Service Standards established in Table CI-GOP-1 of the adopted Comprehensive
Plan of the City of Delray Beach. '
The proposed rezoning will allow the subject property to be subdivided into three single
family lots while the existing zoning permits only two lots. Until recently, the property
was zoned RL, which could have accommodated three single family lots. As described
below, the impact on the level of service standards should be minimal.
Water and Sewer:
Water and sewer service are currently available to the subject property. The Delray
Beach water treatment plant and the South Central Wastewater Treatment Facility both
have adequate capacity to serve the City at build out.
Streets and Traffic:
Under the current R-l-AA zoning district, 2 single-family homes could be developed on
the property. Under the proposed R-1-A zoning district, 3 single-family homes could be
developed. Given these development scenarios, 20 ADT (Average Daily Trips) would
be generated under the R-l-AA district and 30 ADT under the R-1-A district. The net
increase of only 10 ADT will not significantly impact the surrounding roadway network.
Based upon the above, a positive finding with respect to traffic concurrency can be
made.
Parks and Open Space:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that
the City meets the adopted level of service for parks and recreation facilities for the
ultimate build-out population of the City.
Solid Waste:
The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 7.2 pounds per day per capita for the life of the existing
landfill. The current zoning allows for a maximum of 2 single-family residential units,
with an estimated solid waste generation of 3.98 tons per year. The proposed zoning
will permit a maximum of 3 single-family residential units with an estimated solid waste
generation of 5.97 tons per year. The potential additional 1.99 tons of solid waste per
year generated by the proposed rezoning will not significantly affect the so~id waste
disposal LOS.
Consistency: A finding of overall consistency may be made even though the
action will be in conflict with some individual performance standards contained
within Article 3.2, provided that the approving body specifically finds that the
P & Z Staff Report
Hegstrom Property - Rezoning from R-1-A.A to R-1-A
Page 4 --.
beneficial aspects of the proposed project (hence compliance with some
standards) outweighs the negative impacts of identified points of conflict.
Section 3.2.2 (Standards for Rezoning Actions): Standards A-C and E are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The subject property is surrounded by R-l-AA Single Family zoning. Although the
proposed R-1-A zoning will allow subdivision of the property into smaller lots than that
allowed in the R-l-AA district, the large size of the parcel will allow lots that are
approximately 9,200 sq. ft. in size. This is nearly as large as that required in the R-l-
AA district (9,500 sq. ft.). and is actually larger than many of the existing lots
surrounding the property. Although the proposed lot widths of approximately 60 feet will
be smaller that the required 75 feet in the R-l-AA district, the single family homes
constructed on these lots will be compatible with the surrounding area. In fact, there
are six different single family residential zoning districts within the City and it is common
for these districts to be adjacent to one another throughout the City. Based upon the
above, positive findings can be made with respect to the applicable performance
standards.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
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 reason for the rezoning is "b". The rezoning is being processed in accordance with
a Settlement Agreement between the property owners and the City related to a lawsuit
P & Z Staff Report
Hegstrom Property - Rezoning from R-l-AA to R-I-A
Page 5 .-
arising from a previous rezoning by the City from RL (Multiple Family Residential - Low
Density) to R-l-AA (Single Family Residential).
Compliance with Land Development Regulations: Whenever an item is identified
elsewhere in these Land Development Regulations (LDRs), it shall specifically be
addressed by the body taking final action on a land development
application/request. Such items are found, in Section 2.4.5 and in special
regulation portions of individual zoning district regulations.
Both the existing R-loAA and the proposed R-1-A zoning districts are Single Family
Residential Districts which allow the same principal, accessory and conditional uses.
However, the development standards for each zone are different with the R-l-AA
district requiring a larger lot, setbacks, frontage and minimum building area. These
standards are shown in the following table:
Table l: Development Standards Matrix
Minimum Lot Lot Minimum SETBACKS
Zoning Lot Width Lot Frontage Floor Side Side
District Size IIC Depth IIC Area Front Street Interior Rear Height
{sq. ft.) (t~) (ft.) (ft.) (sq. ft.) (ft.) (ft.) (ft.) (ft.) (ft.)
, R-1-A 7,500 f 60180 100 60/80 1,000 25 15 7.5 10 35
R-~-~ 9,500J 75;95 ~00 75~95 ~,500 30 ~5 ~0 ~0 35
If the property is later subdivided into three single-family lots as would be permitted
within the R-1-A zoning district, the development of these lots would have to be in
compliance with the development standards for that zoning district. However, pursuant
to the Settlement Agreement, the City agreed to consider a waiver of the side setbacks
for the existing structures and swimming pool. Such waiver shall only be to the extent
necessary and shall in no case reduce the setbacks to less than 4 feet. Additionally,
the existing commercial use is allowed to remain as a non-conforming use on the
westernmost lot. If this use should be discontinued for a pedod of 180 days or more, it
could not be reestablished.
CRA {Communit~ Redevelopment Agency):
The CRA will review the proposal at its next meeting. The Board's recommendation will
be included in the final report to the City Commission for action.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
P & Z Staff Report
Hegstrom Property - Rezoning from R-l-AA to R-1-A
Page 6 -
Special courtesy notices have been sent to:
Seacrest Homeowners Association
· Del-Ida Park Homeowners Association
· Lake Ida Homeowners Association
· PROD (Progressive Residents of Delray)
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
The request involves the rezoning of the subject property from R-l-AA to R-1-A. The
rezoning ~s being processed in accordance with a Settlement Agreement between the
property owners and the City. The proposal 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(D)(5) (Rezoning Findings), that the
rezoning is being requested to accommodate a change in circumstances.
A. Continue with direction.
B. Recommend approval of the rezoning request from R-l-AA (Single Family
Residential) to R-1-A (Single Family Residential) based upon positive findings with
respect to Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from R-l-AA (Single Family Residential)
to R-I-A (Single Family Residential) based upon a failure to make positive findings
with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the
basis reasons.
Recommend to the City Commission approval of the rezoning of the property from R-l-
AA (Single Family Residential) to R-I-A (Single Family Residential) based upon positive
findings with respect to Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Attachments:
· Location Map
· Existing Zoning Map
· Settlement Agreement
s:\planning & zoning~p & z\hegstrom rezoning.doc printed 10/5/99
i ~ , ] SEA ~RES T BL VD.
. PRESBYTER/AN ; ~ I
/ I, CHRISTIAN GULf
25T~ ST. '
~ ~ [ COUR
,.w. ~,~H CT. ~ [ { AQUACREST
j FOO~ALL
~ FIELD
UNITY CHURCH
AND
ELEMENTARY ~ ~ ~
SCHOOL j
N.W. 22ND S~EET PIN[ RID~[ RD. N.[. 22ND s~.
~t , (~l OF THE ~ : . _ . ~. 2,ST ST.
~1 ~ ~ ~ ~ I I I i'li~l'l 1
'"' ",,7
s ~[~ ~.' I I
N
~ - REZONING -
CITY OF D£LRAY BEAC['-[. FL FROM: R-l-AA (SINGLE FAMILY RESIDENTIAL) TO: R-1-A (SINGLE FAMILY RESIDENTIAL)
PLANNING &: ZONING
---- Z)I~ITAJ. B~.~E J~4P 5~r~TE4/ ---- MAI:' REF: LM189
SETTLEI~LENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into this
'~ da3' of August, 1999, by and between 'WILLIAM and GRACE ANN HEGSTROM, as
Trustees CHEGSTROM$'), and the CITY OF DELRA. Y BEACH, a Florida municipal
corporation, ("CITY").
WITNESSETH:
15rHEREAS, the HEGSTROM$ have filed a claim against the CITY under the Bert J.
Harris, Jr. Private Property Rights Protection Act concerning the alleged devaluation of their
property due to the CITY's rezoning of the property from RL to R-1-A.A; and
~VHEREAS, the parties desire to settle the claim by entering into this agreement in
order to avoid the time and expense incurred in litigation; and
XVHEREAS: this settlement agreement will resolve the differences between the parties.
NOW THEREFORE, for good and valuable consideration, the parties agree as
follows:
1. The recitations set forth above are incorporated herein.
2. That CITY shall rezone the HEGSTROM Property (More fully described in
Exhibit "A" attached hereto) from R-I-AA to R-1-A in order to allow the HEGSTROMS to
subdivide the property into three lots, each having a minimum width of 60 feet. The
HEGSTROMS agree that zoning the property to R-1-A does not allow the HEGSTROMS to
erect duplexes on any of the three lots created by a subdivision of the I-[EGSTROM Propert3,.
The HEGSTROMS agree and understand that use of the three lots is restricted to the
requirements for zoning district R-1-A as stated in Section 4.4.3 of the Lar/d Development
Regulations of the Code of Ordinances for th: City of Delray Beach. The City furthermore
reserves the right to enforce an)' and ail applicable provisions of the Code of Ordinances for
the City of Delray Beach, including but not limited to, the Land Development Regulations.
against the HEGSTROM$ property, exzept as otherwise provided for herein.
3. The HEGSTROMS shall provide a minimum side setback of 7 IA feet between
the existing structures on the proposed westernmost lot and the property line of the proposed
center lot. The HEGSTROMS shall further provide that the pool located on the proposed
center lot shall have a side setback of 7 t.4_ feet. If these setback requirements cannot be met,
the City Commission shall consider waiver of the setback provisions of the Land Development
Regulations of the Code of Ordinan:es for the City of Delray Beach for the HEGSTROM
Property. Such waiver shall be only to the extent necessary and shall in no case reduce the
setbacks to less than 4 feet.
4. The HEGSTROMS hereby agree that if the nonconforming commercial use
located on the proposed westernmost lot is discontinued for a period of 180 days or more, the
H. EGSTROMS shall forever lose any and all right to the nonconforming use and shall cause
the property to conform to the use requirements for zoning district R-1-A as stated in Section
4.4.3 of the Land Development Regulations of the Code of Ordinances for the Cie3' of Delray
Beach.
5. That in consideration of th'-. rezoning of the H~_ -GSTROMS' property to R-1-A
as set forth in Paragraph 2 of this a~!rr~ment and the waiver of setback requirements as set
forth in Paragraph 3 of this Agreem:nt, HEGSTROMS, or counsel on HEGSTROMS'
behalf, shall refrain from pursuing thxkr claim, and shall not file suit in state or federal court
or pursue any other redress against the CITY, for the rezoning of their property from RL lo
R-l-AA.
6. That in return for the consideration stated in this agreement the HEGSTROMS,
their respective agents, successors, heirs and assigns, shall hold the CITY harmless and
release the CITY from any and all manner of action and actions, cause and causes of action,
suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, controversies, agreements, promises, variances, trespasses, damages, judgments,
extent, executions, claims and demands whatsoever, in law or in equity, which
HEGSTROMS, ever had, now have or which they hereafter can, shall or may have, for, upon
or by reason of an5' matter, cause of thing whatsoever, from the beginning of the world to the
day of this date of these presents, upon or by reason of all facts and circumstances arising out
of the dispute regarding alleged devaluation of the I-LE. GSTROM property by the CITY's
rezoning it from RL to R-l-AA, subject only to the terms of this agreement.
7. That it is understood and agreed by the parties hereto that the CITY's
obligations herein are made in compromise of a disputed claim and shall not be construed as
an admission of liability by the CITY or any other person, association or corporation which is
or might be claim=d to be jointly and/or severally liable to }t;EGSTROMS as a result of the
circumstances mentioned herein. In addition, it is understood and a~eed by the parties hereto
that the CITY's obligations herein shall not be construed as a waiver of any claim the CITY
may have in the future as to the Bert J. Harris, Jr., Private Property Rights Act's
constitutionality. It is further understood that this Agreement expresses a full and complete
settlement of a liability claimed and denied, and regardless of the adequacy or inadequacy of
the amount of consideration it is intended by HEGSTROMS, and the CITY, to be sufficient
3
to avoid litigation and to b.~ a full and final and complete settlement arising out of the claim
including all costs and attorney's fees. If a court of competent jurisdiction renders this
agreement unenforceable, each party shall retain all legal and equitable rights available 1o it at
file time of such determination by the court.
8. That the parties hereto warrant that no promise or inducement has been made or
offered to any parD' except as set forth herein; that this agreement is executed without reliance
on any statement or representation of any party hereto or any agent or representative of the
parties as to the nature or extent of any losses, injuries, or damages, or the legal liability
therefor.
9. That the parties hereto state that they have had the opportunity to review this
Agreement with their respective attorney, and that there are no other agreements,
understandings, or reservations not expressly stated herein.
10. That the rights and obligations created by this Agreement shall inure to the
benefit of, and be binding upon the parties, their successors and assigns.
11. That this Agreement shall be construed and enforced according to the laws of
the State of Florida and venue of all proceedings shall be in Palm Beach County, Florida.
12. That this Agreement shall be null and void unless executed by all parties to this
Agreement by August 16, 1999.
13. No modification or change in the Agreement shall be valid or binding upon the
parties unless in writing, executed by the parties to be bound thereby.
14. Each part3, to pay for their own respective costs including, but not limited to,
appraisals and attorney's fees.
-' 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first writtzn above.
WIT~NESS: [~ )~ , '.- WILLICxM HEGSTROM, as Trustee
...... ~' ,~;, ~ .... " ~'~:~. , 0~
" ~.,-,. c, t.c~,t~
(Type or Print Nme) ~tle ~Sq - %-
STATE OF F ¢
The forego~g im~ent was ac~owledged before me ~s ~<, day of
~']LIcMJ~ , 1999, by I.,~ I-t ~ ~ ~hx ~dc~O~ who is
~nal/y'~own to me or has produced
Florida '
5
· ' ' ."/," · GlUt, CE A.NrN HEGSTROM, as Trustee
i.~\ ~.c',..~ ~'f... ~ ~.~~, ~ By: ~ ~~ ~ ~~~.
~ Grace ~ Hegs~om, ~mste~~
(Type or Print Name) ~/~t3~' ~. ~
STATn O~
~/~ The forego~g im~ment was ~ow~a~a ~efore me ~is [~ day of
, 1999, by ~qQa(~ ~' i5~c~Ot~ who is
personally ~own to me or has produced~.ltt~r~ ,( ~~C~idenfifi~a~o~ /" ·
Florida
H~gstrom senl,-m-~nt, agt
6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~//
SUBJECT: AGENDA ITEM # ?0 ,~ - REGULAR MEETING OF NOVEMBER 2, 1999
ORDINANCE NO. 40-99 (CORRECTIVE FUTURE LAND USE MAP
AMENDMENT FOR A PORTION OF THE GROVES OF DELRAY)
DATE: OCTOBER 27, 1999
This is second reading and a public hearing for Ordinance No. 40-99 which provides for a corrective,
small scale Future Land Use Map (FLUM) amendment from Redevelopment Area #3 to Medium
Density Residential (5-12 dwelling units per acre) for a portion of The Groves of Delray development.
The subject property is located on the north side of Douglass Avenue, between S.W. 7~h Avenue and
S.W. 8~h Avenue. The FLUM amendment involves Lots 23 through 28, Block 5, Plat 2 of 2,
Southridge subdivision and the adjacent right-of-way (S.W. 8~h Avenue) containing approximately 1.2
acres.
In 1992 these lots and the right-of-way were platted as part of The Groves of Delray, a multiple
family development. The Groves has a zoning designation of RM (Multiple Family Residential) and
an underlying Future Land Use Map designation of MD (Medium Density Residential) except for this
1.2 acre section which has a FLUM designation of RDA-3 (Redevelopment Area #3). This error was
discovered with the research conducted as part of the Redevelopment Plan for the Southridge/S.W.
4~h Avenue area. In view of this, the corrective FLUM amendment is being processed to change the
designation of RDA-3 to MD (Medium Density Residential 5-12 dwelling units per acre).
The Planning and Zoning Board held a pubhc hearing on this item on October 11, 1999. One person
from the pubhc spoke, but his concerns dealt with the condition of the roads in the Southridge
redevelopment area and not specifically with the FLUM amendment. The Board voted 6 to 0 to
recommend approval of the corrective, small scale amendment. At first reading on October 19th, the
City Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 40-99 on second and final reading, based upon positive
findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), Section 3.1.1(A) of the Land Development Regulations, and the
recommendation of the Planning and Zoning Board.
RefiAgmemo21.Ord.40-99.FLUM Amendment.The Groves of Dekay
ORDINANCE NO. 40-99
AN DRDINANCE OF THE CITY COMMISSION OF THE CITY
OF DFJ.RAY BEACH, FLORIDA, CHANGING THE FUTURE
LAND USE MAP DESIGNATION IN THE COMPREHENSIVE
PLAN FROM REDEVELOPMENT AREA #3 TO MEDIUM
DENSITY RESIDENTIAL (5-12 DWEIJJING UNITS PER ACRE),
FOR A PORTION OF THE GROVES OF DFJ.RAY PROPERTY
LOCATED ON THE NORTH SIDE OF DOUGLASS AVENUE,
BETC7EEN S.W. 7TM AVENUE AND S.W. 8TM AVENUE, AS THE
SAME IS MORE PARTICULARLY DESCRIBED HEREIN;
ELE.~TING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMAIJ. SCALE LAND USE PLAN
AMENDMENTS; PROVIDING A GENERAL REPEALER
CLA USE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated on the Future Land Use Map
(FLUM) in the Comprehensive Plan for the City of Dekay Beach, Florida, as Redevelopment Area #3;
and
WHEREAS, at its meeting of October 11, 1999, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, reviewed this item at a public hearing and voted to
recommend approval of the small scale FLUM amendment, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be
amended to reflect lhe revised land use designation of Medium Density Residential (5-12 dwelling units
per acre).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is as follows:
A parcel of land in Section 20, Township 46 South, Range 43 East,
Palm Beach County, Florida, being more particularly described as
follows:
Begiraaing at a point at the northwest comer of Lot 22, Block 5, Plat of
Sout}midge, Plat 2 of 2 (Plat Book 13, Page 39), as recorded in the
Public. Records of Palm Beach County, Florida; thence in a westerly
direction, along the north plat limit of the Plat of The Groves of
Delr~y (Plat Book 72, Page 142), as recorded in the Public Records of
Palm Beach County, Florida, to a point of intersection with the
centerline of S.W. 8~ Avenue; thence in a northerly direction along said
centerline to a point of intersection with the centerline of Tract "B",
said Plat of The Groves of De[ray; thence in a westerly direction along
centerline of said Tract 'q3" to a point of intersection with the
southerly extension of the west fight-of-way line of S.W. 8th Avenue;
thence in a southerly direction along said fight-of-way extension to a
point of intersection with the north fight-of-way Line of Douglass
Avenue; thence in a northeasterly direction, along the north fight-of-
way line of Douglass Avenue to a point at the southwest comer of Lot
22, said Plat of Southfidge; thence in a northerly direction along the
west line of said Lot 22 to the northwest comer of said Lot 22, also
being the Poh~t of Beginning.
The subject property is located at on the north side of Douglass
Avenue, between S.W. 7~ Avenue and S.W. 8~h Avenue; containing
1.15 acres, more or less.
Section 2. That the Future Land Use Map designation for the subject property in the
Comprehensive Plan is hereby changed from Redevelopment Area #3 to Medium Density Residential (5-
12 dwelling units per acre).
Section 3. That the City of De[ray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)4.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. 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 invahd, 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 6. That this ordinance shall become effective thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date
of this amendment shall be the date a final order is issued by the Department of Community Affairs, or
the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No
development orders, development permits, or land uses dependent on this amendment may be issued or
commence before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status, a copy of which resolution shall be sent to the Department of
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100.
- 2 - Ord. No. 40-99
PASSED AND ADOPTED in regular session on second and final reading on this the
2nd day of November ,1999.
ATTEST:
"-Ci~y-~ie~k -- !
FirstReuding October 19, 1999
November 2, 1999
Second Reading
- 3 - Ord. No. 40-99
EL EMEN TAR Y
R~YAL PAL~ "b'R,
i~ ~ ' ~' ~ OF DELRA Y
sOuTHRIDG ~ v I
WALLA CZ '~ SOU THRIDGE
Nt~SAN
/ CONDO
LIN T ON ~B 0 U L E VAR D
~ LINTON INTERNATIONAL PLAZA ~ -
N
~ - CORRECTIVE FUTURE LAND USE MAP AMENDMENT -
CITY or DELRAY BEACH. FL FROM: REDEVELOPMENT ARFEA # 3 TO: MEDIUM DENSITY RESIDENTIAL (5-12 UNITS/ACRE)
PLANNING & ZONING DEPAR*fMFNT
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 11, 1999
AGENDA ITEMS:
ITEM: Corrective Future Land Use Map (FLUM) Amendment from
Redevelopment Area Cf 3 to Medium Density (5-12 units/acre) for that
Potion of the Groves of Deiray Development, Located on the North
Side of Douglass Avenue, between S.W. 7th Avenue and S.W. 8th
Avenue.
GENERAL DATA: o~**~¢*:~ I liilll{llli
M~.MORIAL S v~ 9q~' ='~.
Owner ............................. Groves of Delray, LTD GARDENS
Applicant ......................... David T. Harden, City Manager] Iii I ) I I I I I I
City of Delray Beach, Florida s.w. ~0T~ ST~_=.]
Location .......................... North side of Douglass Avenue, <¢ ~¢
between S.W. 7th Avenue and S.W. i< ~; ;<
8th Avenue _= I
I ! ,
Property Size ..................Amended)Il'35 Acres total (1.15 Acres to be ~, --'i I--- i'
F.L.U.M. ~
Designation .................... RDA-3 (Redevelopment Area #3)
Proposed F.L.U.M. Medium Density Residential (5-12 - ' 1 i i ) }
.............. , E ' d:' '~ ,
Current Zoning ................ RM (Multiple Family Residential- '
Medium Density) -i~
Adjacent Zoning .... North: R-1-A (Single Family Residential) [
Existing Larld Use .......... A podion of the Groves of Delray
Devebpment ~] r---
Proposed Land Use ........ Oorrective Future Land Use Map I ~E , .- ~
Amendment to a more suitable _, . :o,~ i~
designation for the existing use. L ~ ~ ~ O ~ S O U L r v ^ ~ D
Water Service ................. n/a. ~ LINTON IN NATIONAL PLAZA
Sewer S~rvio .................. n/a. /-7 / ~,,,¢.~.s ~ kl
The action before the Board is making a recommendation to the City
Commission on a corrective Future Land Use Map amendment from RDA-
3 (Redevelopment Area #3) to MD (Medium Density Residential) for a
portion of the Groves of Delray development.
The subject property is located on the north side of Douglass Avenue
between SW 7th and SW 8th .Avenues, and involves 1.2 acres.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning
and Zoning Board) shall review and make a recommendation to the City
Commission with respect to all amendments to the City's Future Land Use
Map.
The subject property involves Lots 23-28, Block 5, Plat 2 of 2, Southridge subdivision
and the adjacent right-of-way (SW 9th Avenue) containing approximately 1.2 acres. In
1992, these lots and the adjacent fight-of-way were platted as part of the Groves of
Delray, a multiple family development. The Groves of Delray has a zoning designation
of RM (Multiple Family Residentiai~ and an underlying Future Land Use Map (FLUM)
designation of MD (Medium Dens~, Residential) except for this 1.2 acre, which has a
FLUM Designation of RDA-3 (Redevelopment Area # 3). This error was discovered with
the research conducted with the study of the Southridge/SW 4th Avenue Redevelopment
Area. Therefore, a corrective FLUM amendment is being processed to change the
designation of RDA-3 to MD (Medium Density Residential) for this portion of the Groves
of Delray and is the action before the Board.
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any
local government comprehensive land use amendments directly related to
proposed small scale development activities may be approved without regard to
statutory limits on the frequency of consideration of amendments (twice a year),
subject to the following conditions:
E~ The amendment does not exceed 10 acres of land;
The cumulative effect of the amendments processed under this section
shall not exceed 120 acres within designated redevelopment and traffic
concurrency exception areas, or 60 acres annually in areas lying outside
the designated areas; and,
P & Z Board Staff Reporl
Groves of Delray - Corrective FLUM Amendment
Page 2
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a
period of 12 months.
That if the proposed amendment involves a residential land use, the
residential land use has a density of 10 units or less per acre.
r3 The proposed amendment does not involve a text change to the goals,
policies, and objectives of the local government's comprehensive plan, but
only proposes a land use change to the future land use map for a site-
specific small scale development activity.
The property that is the subject of a proposed amendment is not located
within an area of critical state concern.
· The FLUM amendment involves approximately 1.2 acres, thus the total area is less than
the 10 acre maximum. This amendment along with other small-scale amendments
processed this year, outside the designated areas, will not exceed 60 acres. This
property has not previously been considered for a land use amendment nor has the
same property owner's properties been granted a land use change within 200 feet,
within the last year. The proposed amendment to MD (Medium Density Residential 5-
12 du/ac) is corrective. The MD land use designation allows multiple family
developments and a multiple family structure exists on the subject property. The
amendment does not involve a text change to the Comprehensive Plan, and deals with
a site specific small-scale amendment activity. The property is not located within an
area of critical concern.
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.
· The Future Land Use Map amendment being sought is to eliminate an existing
inconsistency between the FLUM and zoning designations for the Groves of Delray. The
subject property is part of a large multiple family development in which the land use and
resulting structures are consistent with the proposed FLUM and zoning designations.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
[;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
P & Z Board Staff Report
Groves of Detray- Corrective FLUM Amendment
Page 3
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis. This policy shall not apply to
requests for the FLUM designations of Conservation or Recreation and Open
Space.
This area was never intended to be included within the Southridge/SW 4th Avenue
Redevelopment Area. The current FLUM designation of Redevelopment Area #3 is
inappropriate. This corrective amendment will apply a Future Land Use Map
designation of MD reflecting the current use as a multiple family development.
[] Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the goals, objectives and policies of the City's
Comprehensive Plan as it applies a Future Land Use Map designation that reflects
the current use of the property.
~ Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
The subject property is developed as a multiple family apartment complex with a
density of close to 12 units per acre: Therefore, the project is currently developed at
its highest intensity under the RM zoning designation. At the time of site plan
approval, positive findings were made with respect to Concurrency.
r3 Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
Required findings of Compatibility were made at time of site plan approval and no
intensification of the development is proposed with this amendment.
[] Compliance -- Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
The existing development complies with the provisions and requirements of the Land
Development Regulations.
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency, Downtown Development Authority or the Historic
Preservation Board.
P & Z Board Staff Report
Groves of Delray - Corrective FLUM Amendment
Page 4
Courtesy Notices:
Courtesy notices have been provided to PROD and Wood's of Southridge Homeowners
Association. Letters of objection and support, if any, will be presented at the Planning
and Zoning Board meeting.
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 existing FLUM designation of Redevelopment Area #3 was applied in error and is
inappropriate for the existing multiple family development. The proposed change from
RDA-3 to MD will result in a FLUM designation, which corresponds with the built
development. Positive findings can be made with respect to Future Land Use Element
Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan and Section
3.1.1 (A) of the Land Development Regulations.
A. Continue with direction.
B. Recommend to the City Commission approval of the corrective Future Land Use
Map amendment from RDA-3 to MD based upon positive findings with Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings) and Section 3.1.1 (A) of the Land Development Regulations.
C. Recommend to the City Commission denial of the corrective Future Land Use
Map amendment from RDA-3 to MD, based upon a failure to make positive
findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings) and Section 3.1.1 (A) of the Land Development
Regulations, with the basis stated.
Recommend to the City Commission approval of the corrective Future Land Use Map
amendment from RDA-3 to MD based upon positive findings with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and
Section 3.1.1 (A) of the Land Development Regulations.
Attachment: Future Land Use Map
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~fVf~ ~..
SUBJECT: AGENDA ITEM #/~/~ - REGULAR MEETING OF NOVEMBER 2, 1999
ORDINANCE NO. 41-99 (CORRECTIVE REZONING FOR A PORTION
OF SECURITY SELF-STORAGE FACILITY)
DATE: OCTOBER 27, 1999
This is second reading and a quasi-judicial public hearing for Ordinance No. 41-99 which rezones a
one acre tract of the Security Self-Storage Facility from I (Industrial) District to MIC Off,xed
Industrial and Commercial) District. The subject property is located at the northeast comer of Lmton
Boulevard and S.W. 4m Avenue. The entire development contains 7.29 acres.
The site was developed in the County in 1980 as a self-service storage facility, with an underlying land
use designation of LL (Light Industrial). In 1988, the facility was annexed as part of Enclave 34. The
facility had three separate parcel descripnons. Upon annexation, the one acre tract was zoned LI
(Light Industrial) while the remaining two parcels (6.29 acres) were zoned GC (General Commercial).
With the adoption of the City's Comprehensive Plan in 1989, the entire development was included in
Redevelopment Area #3 and designated as such on the Future Land Use Map. In 1990, with the
Citywide rezonmgs associated with the adoption of the Land Development Regulations, the subject
one acre parcel was rezoned from LI (Light Industrial) to I (Industrial) with the remaining portion of
the site rezoned to MIC (Mixed Industrial and Commercial) District. Currendy, "self service storage
facilities" are allowed as a conditional use in both the MIC and LI zoning districts. The zoning
district boundary line bisects the northernmost building. Thus, while the majority of the site is
conforming with respect to the use of the property, that portion which is zoned Industrial remains
non-conforming. Since the zoning on the one acre tract was established by ordinance, a formal
zoning change is required and is being handled as a corrective rezoning.
The Planning and Zoning Board held a public heating on this item on October 11, 1999. There were
no public comments. The Board voted 6 to 0 to recommend approval of the corrective rezoning. At
first reading on October 19m, the City Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 41-99 on second and final reading, based upon positive
findings and the recommendation of the Planning and Zoning Board.
RefiAgmemo21.Ord.41-99.Corrective Rezoning. Security Self-Storage
ORDINANCE NO. 41-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED I (INDUSTRIAL) DISTRICT IN
THE MIC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT; SAID LAND BEING COMMONLY KNOWN AS A
PORTION OF THE SECURITY SELF-STORAGE FACILITY
SITE LOCATED AT THE NORTHEAST CORNER OF LINTON
BOULEVARD AND S.W. 4TM AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on
the Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned I (Industrial) District; and
WHEREAS, at its meeting of October 11, 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 MIC (Mixed Industrial
and Commercial) District for the following described property:
A parcel of land in Section 20, Township 46
South, Range 43 East, Palm Beach County,
Florida, being more particularly described as
follows:
The East 221.26 feet of the North 196.92 feet of
the West Half (W h) of Lot 16, Subdivision of
Section 20-46-43 (Plat Book 1, Page 4), as
recorded in the Public Records of Palm Beach
County, Florida.
The subject property is commonly known as a
portion of the Security Self-Storage Facility
site located at the northeast corner of Linton
Boulevard and S.W. 4th Avenue; containing one
acre, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 2nd day of November , 1999.
ATTEST:
First Reading October 19, 1999
Second Reading November 2, 1999
- 2 - Ord. No. 41-99
PINE GROVE
ELEMENTARY
SCHOOL
~LSON AVE.
REIGLE AVENUE f ·
FALL RIDGE
I
OF DELRAY STERLING AVENUE (~ CENTRAL AVE.
SOU THRIDGE ROAD ·
COLLINS AVENUE
GULF STREAM
COMMERCIAL CENTRE
TA RMA C
LIN TON TRUSS
LIN TON
RIDGE
CONDO BFI THE
SUNBELT PLA ZA
HYDRAULICS _ A T
DELRA
Y
ADELPHIA ~ BFI
CABLE ~
SECURITY
SELF STORAGE ONE
LIN TON
BL VD.
LIN TON BOULEVARD
COS TCO
Ill BURGER ~ BANK
-~ ~ KING Q LINTON
~ $TRIA L ~. CEN TLR
- CORRECTIVE REZONING -
CI~ ~ DEL"AY BEACH, rL FROM: I (INDUSTRIAL) TO: MIC (MIXED INDUSTRIAL & COMMERCIAL)
PLANNING ~ Z~tNG DEPAR~ENT
-- D/~/~ ~ ~¢ ~ -- M~ REF: LM383
PINEGROVE CF
F ELEMENTARY
SCHOOL
WILSON AVE.
FALL RIDGE ~ / S
RM -
OF DELRAY STERLING AVENUE CENTRAL AVE.
DOUGLASS AVENUE
SOUTHRIDGE ROAD
GULF STREAM
COMMERCIAL CENTRE
C
TA RMA C
LIN TON TRUSS
LIN TON
RIDGE
CONDO BFI THE
SUNBELT PLA ZA
HYDRA ULICS A T
ADELPHIA BFI DELRA Y
CABLE
POD I PC
ONE
LIN TON
BL VD.
LIN TON BOULEVARD
ROYAL SUN BANK
PALM
COS TCO 40R TGA GE
BURGER BANK
PC KING LINTON
DELRA Y INDUSTRIAL CENTER
SOLID WA!TE
TRANSFER
S~ DELRA Y
LINCOLN
MERCURY
N SECURITY SELF STORAGE
r~ - BUILDING FOOTPRINTS
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT mm · - AREA PROPOSED FOR REZONING
mlmm m mim
-- DIG'II'AI. t~,45£ MAP SY~i"£M -- MAP REF: LM583
THRU: DIANE DOMINGUEZ, DIRECTOR OF PL G
FROM: JASMIN ALLEN, PLANNER/~
SUBJECT: MEETING OF NOVEMBER 2, 1999
REZONING FROM GC (GENERAL COMMERCIAL) TO AC
(AUTOMOTIVE COMMERCIAL) FOR BORTON MOTORS LOCATED ON THE
EAST SIDE OF NORTH FEDERAL HIGHWAY, IMMEDIATELY NORTH OF
THE BORTON VOLVO/VOLKSWAGEN DEALERSHIP
The action requested of the City Commission is that of approval on first reading of an
ordinance rezoning a 2.23 acre parcel located immediately north of the Borton
VolvoNolkswagen Dealership.
The proposal incorporates Lots 37 and 38, Delray Beach Estates. The west half of Lot 37 is
developed and is now occupied by the Bushey's Religious Store. The remaining portion of Lot
37 is vacant. Lot 38 is developed, however the buildings were vacated in 1998, and was most
recently occupied by Antique Market Place (flea market). Both properties were developed
while under Palm Beach County jurisdiction. On March 22, 1994, both lots were annexed into
the City pursuant to ELMS III Legislation [F.S. 171.046(2)(a)] with the GC zoning designation
(via Ord. Nos. 15-94 and 16-94).
The rezoning to AC will allow the demolition of the existing structures and incorporation of the
sites within the existing Borton Volvo and Volkswagen dealerships. Additional background and
an analysis of the request are found in the attached Planning and Zoning Board Staff Report.
.At its meeting of October 18, 1999, the Planning and Zoning Board held a public hearing in
conjunction with review of the rezoning. No testimony was taken from the public. After
closing the public hearing, the Board unanimously recommended approval of the rezoning on
a 7 to 0 vote.
By motion, approve on first reading the ordinance rezoning from GC (General Commercial) to
AC (Automotive Commercial) and setting a public hearing date of November 16, 1999.
Attachments: P & Z Staff Report and Documentation of October 18, 1999~,_j ,~ ~f'~ ~1" ~
Ordinance by Others ru.L~w~ .~1/~ .ij/~c~
ORDINANCE NO. 43-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL)
DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL)
DISTRICT; SAID LAND BEING LOTS 37 AND 38, DELRAY
BEACH ESTATES, LOCATED ON THE EAST SIDE OF NORTH
FEDERAL HIGHWAY IMMEDIATELY NORTH OF THE BORTON
VOLVO/VOLKSWAGEN DEALERSHIPS, 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 GC (General Commercial) District; and
WHEREAS, at its meeting of October 18, 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
unanimously 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
~HE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1o That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
9mended to reflect a zoning classification of AC (Automotive
Commercial) District for the following described property:
Lots 37 and 38, DELRAY BEACH ESTATES, according
to the Plat thereof as recorded in Plat Book 21,
Page 13, of the Public Records of Palm Beach
County, Florida.
The subject property is located on the east side
of North Federal Highway, immediately north of
the Borton Volvo/Volkswagen dealerships;
containing 2.23 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage cn 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. 43-99
GULF STREAM BOUI' EVARD L
,, ~ ' so~,~ ~ ~ ,
COUR TS u ~
I iV ~111 I ~ ...... I ~.~.~-~ / ~ /
~ - REZONING -
OW ~ D[~AY BE~CH. rL FROM: GO (GENE~ COMMERCI~) TO: AC (A~OMOTI~ COMMERCI~)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: OctoSer 18, 1999
AGENDA ITEM: V.B.
ITEM: Rezoning from GC (General Commercial) to AC (Automotive
Commercial) for a Parcel of Land Located on the East Side of
North Federal Highway, Immediately North of the Borton
Volvo/Volkswagen Dealership.
GENE~L DATA:
Owner ..................................... jr.MawMenchel&EdgarBusheY'EtAI / ~~~1,.
Agent ...................................... Roger Saberson /'~~
Applicant ................................. Kjell Bergh & Loren Sheffer
~o~on Motors, Inc.
Location .................................. East side of No~h Federal
Highway, immediately no~h of the
Boron VolvoNolkswagen
dealership.
Prope~y Size ..........................2.23 Acres
Land Use Map Designation .... General Commercial
Existing City Zoning ................ GC (General Commercial)
Proposed City Zoning ............. AC (Automotive Commercial)
Adjacent Zoning ............ No~h: GC
~ast: Town of Gulf Stream - RS (Single
Family Residential) /
South: AC
Existing Land Use .................. Vacant building used for storage .
of furniture, fumishinas,. ,¢~.'=..
j :1 ,.
equipment and other personal
items & Bushey's Religious Store
Proposed Land Use ................ Rezoning of the parcels from GC
to AC to be incorporated as pad
of the existing automobile
VolvoNolkswaaen)
Water S~m~c .......................... n/a
Sewer S~w~ ........................... n/a j
, i,~;,'. Ir~l
V.B.
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from GC (General Commercial)
to AC (Automotive Commercial) for Borton Motors, pursuant to LDR Section
2.4.5(D).
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to the rezoning of any
property within the City.
The subject property is located on the east side of North Federal Highway,
approximately 1,750 feet north of Allen Avenue, just north of Borton Volkwagen.
The proposal incorporates Lots 37 and 38, Delray Beach Estates, and contains
approximately 2.23 acres. The west half of Lot 37 is developed and is now
occupied by the Bushey's Religious Store. The remaining portion of Lot 37 is
vacant. Lot 38 is developed, however the buildings were vacated in 1998, and
was most recently occupied by Antique Market Place (flea market). Both
properties were developed while under Palm Beach County jurisdiction.
On March 22, 1994, both lots were annexed into the City pursuant to ELMS Ill
legislation [F.S. 171.046(2)(a)] with the GC zoning designation (via Ord. Nos. 15-
94 and 16-94).
The proposal is to change the zoning designation of the property from GC
(General Commercial) to AC (Automotive Commercial). The rezoning to AC will
allow the demolition of the existing structures and will be incorporated with the
existing Borton Volvo and Volkswagen Dealerships.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development ai~plications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use nap,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
P & Z Board Staff Repo~
Rezoning from GC to AC for Borton Motors
Page 2
FUTURE LAND USE MAP: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as
shown on the Future Land Use Map.
The subject property has a General Commercial Future Land Use Map
designation and is currently zoned GC (General Commercial). The proposed AC
(Automotive Commercial) zoning is consistent with the General Commercial land
use designation. The proposal is to incorporate the subject parcels within the
existing dealerships. Pursuant to the LDR Section 4.4.10(B)(1), within the AC
zone district, full service automobile dealership is allowed as a permitted use.
Based upon the above, a positive finding can be made with respect to
consistency with the land use map designation.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs of the requested land use
and/or development application will not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-I of the adopted Comprehensive Plan of the
City of Delray Beach.
Water & Sewer:
[] Water service can be easily accommodated via a service lateral
connection to the existing 12" water main along the east side of Federal
Highway. Adequacy of fire suppression will be evaluated during the site
plan review process.
[] Sewer service is available via a service lateral connection to the existing
10" main along the east side of Federal Highway.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment
Plant for the City at build-out. Based upon the above, positive findings can be
made with respect to this level of service standard.
Drainage:
With a rezoning' request drainage plans are not required. The site is primarily
developed with existing structures on the south and northwest sides of the
property. The rezoning will not negatively impact this existing situation. The
proposal involves demolition of the existing structure and integration with the
dealerships to the south. With a site plan submittal, drainage plans will be
required. There are no problems anticipated with retaining drainage on site and
obtaining a South Florida Water Management District permit.
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors
Page 3
Traffic:
As the intensity of uses within the GC and AC zoning districts are similar,
comparable traffic volumes would be generated. With the submittal of a site plan
application, a full traffic impact study must be submitted. The traffic study must
comply with the Palm Beach County Traffic Performance Standards Ordinance.
There are no problems anticipated meeting this level of service standard.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses.
Solid Waste:
Trash generated each year by the proposed automotive use under the AC zone
district will be equal to or less than that generated by the commercial uses
allowed under the GC zone district. The development of the property under the
AC zone district should not create an adverse impact on this level of service
standard.
Consistency: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards
contained within Article 3.2, provided that the approving body specifically
finds that the beneficial aspects of the proposed project (hence compliance
with some standards) outweighs the negative impacts of identified points
of conflict.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies are noted.
Land Use Element Policy A-2.4 - Automobile uses are a significant land use
within the City and as such they have presented unique concerns. In order
to properly control these uses and guide them to locations which best suits
the community's future development, the following shall apply:
1. Auto related uses other than gasoline stations, wash establishments,
and auto parts, sales, shall not be permitted in the area encompassed by
the CBD zone district.
2. Automobile dealerships shall not locate and/or expand in the following
areas:
D Within the CBD zone district;
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors _.-
Page 4 ---
[] West side of Southbound Federal Highway between George Bush
Boulevard and SE 10th Street;
I~1 East side of Federal Highway, between George Bush BoUlevard
and the north property line of the Delray Swap Shop/Flea Market
Property;
[] On properties fronting George Bush Boulevard, east of Federal
Highway.
However, on the east side of Federal Highway, south of NE 6th
Street, an existing dealership may expand onto adjacent property
which has an auto sales use and which is zoned AC.
3. Rezoning to AC (Automotive Commercial) to accommodate auto
dealerships shall not be permitted west of 1-95.
4. Automobile dealerships shall be directed to the following areas:
[] North of George Bush Boulevard, between Federal and Dixie
Highways;
[] East side of Federal Highway north of the north property line of the
Delray Swap Shop/Flea Market;
[] South of Linton Boulevard, between Federal and Dixie Highways;
rd
[-t Between the one-way pairs (Federal Highway) from SE 3 Street to
SE 10th Street; and from NE 5th Street to George Bush Boulevard;
[~ On the north side of Linton Boulevard, between 1-95 and SW 10th
Avenue, and along Wallace Drive.
5. Auto related uses which involve the servicing and repair of vehicles,
other than as part of a full service dealership, shall be directed to
industrial/commercial areas.
If the rezoning is approved, the subject property will be incorporated within the
existing full service automobile dealerships. The development proposal is
consistent with this Policy as the subject property is located east of Federal
Highway north of the north property line of the Delray Swap Shop/Flea Market.
Future Land Use Element Policy C-1.4 - (in summary) ...the North Federal
Highway Corridor is identified as a blighted area. The North Federal
Highway Redevelopment Plan was approved by the City Commission on
March 16, 1999;.'The Plan identified the need for limited rezonings and LDR
amendments, along with improvements necessary to accomplish certain
redevelopment goals. Future development in the are must be in accordance
with the provisions of the Redevelopment Plan.
The North Federal Highway Redevelopment Plan was adopted by the City
Commission on March 16, 1999. The proposal will provide economic stimulation
P & Z Board Staff Report
Rezoning fr~_m GC to AC for Borton Motors
Page 5
and investment in the area and result in the redevelopment of a blighted property
which has not been well maintained for many years. The proposed development
will assist in the stabilization of the existing neighborhood to the south and should
be an inducement to redevelopment of the Federal Highway corridor. Thus, the
proposal is consistent with the objectives of the North Federal Highway
Redevelopment Plan.
Transportation Element Table T-1
Pursuant to the County's Thoroughfare Map and Transportation Element Table
T-1 of the City's Comprehensive Plan, the ultimate right-of-way width for this
section of Federal Highway is 120 feet, and currently only 100' is provided.
Thus, with the site plan submittal, a right-of-way dedication of 10' must be
provided from the subject property.
Future Land Use Element Objective A-1 - Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate
in terms of soil, topographic, and other applicable physical considerations,
is complementary to adjacent land uses, and fulfills remaining land use
needs.
The property has been disturbed and is partially developed. The existing
structures will be demolished and automobile dealerships expanded. The
proposal fulfills the needs identified as part of the North Federal Highway
Redevelopment Plan. The proposed zoning of Automotive Commercial and its
potential uses will be complementary to the surrounding commercial
developments and can be developed in a manner that will be compatible with the
residences to the east. This policy will be further addressed at the time of site
and development plan review.
Section 3.2.2 (Standards for Rezonin9 Actions): Standards A and B are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
(C) Zoning changes that would result in strip commercial development
shall be avoided. Where strip commercial zoning developments or
zoning currently exists along an arterial street, consideration should
be given to increasing the depth of the commercial zoning in order to
provide for better project design.
The propo, sed AC zoning is not considered strip commercial zoning. The
site contains 2.23 acres and is to be incorporated with the existing
automobile dealerships.
(D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that sufficient
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors
Page 6
regulations exist to properly mitigate adverse impacts from the new
use.
The subject property is bordered by the following: to the north and west
are zoned GC (General Commercial); to the south is zoned AC
(Automotive Commercial); and, to the east the properties lie within the
Town of Gulf Stream and is zoned RS (Residential Single Family). The
surrounding land uses are as follows: to the north is Delray Pawn Shop;
south is Borton Volkswagen, a full service automobile dealership; to the
east are two single family homes associated with the Place Au Soleil
subdivision in the town of Gulf Stream; and to the west, across Federal
Highway, is Badcock Home Furnishing Center.
Compatibility with the adjacent properties is not a concern as the property
is bordered on the north, south and east by commercial uses. With regard
to the residences to the east, there is an existing 6' chain link fence along
the east side of the property. Sufficient regulations currently exist i.e.
increased building setbacks and buffering, to mitigate any potential
adverse impacts of the commercial uses [ref. LDR Sections 4.6.4(A) and
4.4.10(G)(4)]. These regulations include trees every 25 feet with a
continuous hedge or 6' high masonry wall adjacent to the residences and
location restrictions with respect to certain aspects of an automotive
dealership use. It should be noted that the current dealership has existed
adjacent to this neighborhood for many years with no concerns.
Compatibility will be further addressed at the time of site and development
plan review.
Section 2.4.5(D)(5) (Rezonin~! Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
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 r6quested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which states the following:
P & Z ;=Joard Staff Report
Rezoning from GC to AC for Borton Motors
Page 7
"The reasons for which the rezoning is being sought is based upon Item"b"
and "c". Due to the acquisition of the subject property by Borton Motors,
Inc. and the fact that the subject property is immediately abutting the
existing Borton Motors dealerships there has been a change in
circumstances which makes the current zoning inappropriate. The subject
property is not intended to be used as a separate independently used
property but instead is to be used as a part of the existing dealerships.
The proposed use is consistent with the designation of the subject
property on the Future Land Use Map and is of a similar intensity to other
uses which are allowed within the GC designation.
Comment: The basis for which the rezoning is being sought most closely relates
to Item "c". The proposed zoning is similar in intensity as allowed under the
General Commercial Future Land Use Map designation. Given the blighted
situation as well as the thrust for redevelopment and economic stimulation along
this section of Federal Highway, it is appropriate to rezone the property to AC.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
Automotive Commercial Development Standards [LDR Section 4.4.10(F)]
Pursuant to LDR Section 4.4.10(F)(2), the sale, lease, or rental of automobiles,
boats, recreational vehicles, or trucks, shall be conducted on a lot which has the
following minimum dimensions and area:
a) Frontage: 125'
b) Width: 125'
c) Depth: 200'
d) Area: 1.5 Acres
While the proposal is to expand the auto dealerships, it is still appropriate to
review the above code section. The property has 200 feet of frontage and width,
521.94 feet of depth (average), and 2.23 acres, thus exceeding the minimum site
dimensions and area of the AC zone district.
In addition to the above, the AC zone district has special requirements regarding
outdoor display:areas, lighting, use and operating restrictions, bullpen parking
areas, and location of service areas as they relate to residential property. Future
development of the site must comply with these requirements.
Special Landscape Setback
In conjunction with the design standards established in the North Federal
Highway Redevelopment Plan and the recent text changes to the Land
P & Z Board Staff Report -
Rezoning from GC to AC for Borton Motors
Page 8 ---
Development Regulations, a minimum front building setback of 5' from the
ultimate right-of-way is established. The maximum building setback shall be 15'
unless it can be demonstrated to the Site Plan Review and Appearance Board
that it is not feasible to comply with this standard.
Submission Requirements
The ownership of Bushey's Religious Store is in the process of being changed.
Ownership documentation as required in LDR Section 2.4.3(A) shall be provided
prior to final action by the City Commission.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and HPB (Historic Preservation Board).
C.. ommunity Redevelopment Agency
At its meeting of October 14, 1999, the CRA reviewed and recommended
approval of the rezoning request.
Adjacent Municipalities
Notice of the rezoning has been provided to the City of Boynton Beach and the
Town of Gulf Stream. A response has not been received.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
r3 La Hacienda Homeowners Association
r3 Seacrest Homeowners Association
~ North Palm Trail Homeowners Association
~ PROD
[] President's Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of support and objection, if any, will be presented at
the Planning and Zoning Board meeting.
The rezoning from GC (General Commercial) to AC (Automotive Commercial) is
consistent with the policies of the Comprehensive Plan and Chapter 3 of the
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors
Page 9
Land Development Regulations. The proposal is consistent with the North
Federal Highway Redevelopment Plan as it will provide the desired economic
stimulation and investment in the area, and result in the redevelopment of a
blighted property which has not been well maintained for many years. The
proposed rezoning will enable positive findings to be made with LDR Section
2.4.5(D)(5) (Rezoning Findings). Given the blighted situation as well as the
thrust for redevelopment and economic stimulation along this section of Federal
Highway~ it is appropriate to rezone the property to AC which will allow the
expansion of full service automobile dealership as a permitted use under the AC
zoning district.
A. Continue with direction.
B. Recommend approval of the rezoning request from GC to AC for Borton
Motors, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from GC to AC for Borton
Motors, based upon a failure to make positive findings with respect to
LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the
reasons for which a rezoning should be sought.
Recommend to the City Commission approval of the rezoning from GC to AC for
Borton Motors, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Attachments:
Q Location/Zoning Map
~ Boundary Survey
This Staff Report was prepared by: Jasmin Allen, Planner
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR
FROM: P ATRICIA CAYCE, HISTORIC PRESERVATION PLANNER~~~
SUBJECT: MEETING OF NOVEMBER 2, 1999
FIRST READING OF AN ORDINANCE TO DESIGNATE THE FELLOWSHIP
HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH TO
THE LOCAL REGISTER OF HISTORIC PLACES.
Constructed in 1924 in the Mediterranean Revival architectural style, this was the first church to
be built east of the Intracoastal Waterway. Located at 36 Bronson Street one block south of
East Atlantic Avenue, the structure was originally the sanctuary for the congregation known as
the Gibson Memorial Baptist church. It was purchased by the Presbyterian congregation in
1928 and was renamed the Community Presbyterian Church. It remained the Presbyterian
sanctuary until their new church was constructed in 1977 at 33 Gleason Street, just to the west
of the subject property. After the construction of the new sanctuary, the building became the
congregation's Fellowship Hall.
The building is noted for its symmetrical front facade, which consists of an arched entranceway
with large double doors flanked by fluted pilasters crowned with an impressive cornice. Square
bell towers with domed roofs anchor the two front corners. A decorative curved parapet, with a
molding trimmed cap, connects the bell towers. The building was designed and built by Fred J.
Shrader who established a contracting business in the City in 1911. His inspiration came from a
church he had seen in Florence, Italy, however the lack of exterior embellishment gives the
building a strong resemblance to the Mission style churches brought to the southwest by the
Spanish explorers. A garden, accessible through doors on the north wall of the building, is
included in the designation.
The building has recently undergone extensive repair and restoration, which will insure its
structural integrity for generations to come.
The Historic Preservation Board considered this item at a Public Hearing on October 20, 1999.
After discussion, the Board voted unanimously to recommend historic designation to the City
Commission.
By motion, approve the ordinance designating the Fellowship Hall of the First Presbyterian
Church of Delray Beach, Lots 16,17,18 & 19, Block 3, Ocean Park Subdivision to the Local
Register of Historic Places.
Attachment: Designation Report
File/s/pz/hpb/fellowhip-cc
ORDINANCE NO. 46-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DF.I.RAY BEACH, FLORIDA, DESIGNATING THE FF.! J .OWSHIP
H.ATJ, OF THE FIRST PRESBYTERIAN CHURCH OF DEIfl~Y
BEACH LOCATED AT 36 BRONSON STREET, AS MORE
PARTIC~Y DESCRIBED HEREIN, AS A LOCAL HISTORIC
SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC
PLACES; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DF.T.RAY BEACH, FLORIDA, 1994" TO SHOW
THE HISTORIC DESIGNATION IN AN OVERLAY MANNER;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and
WHEREAS, the First Presbyterian Church of Delray Beach, 33 Gleason Street, initiated
the nomination of the Fellowship Hall for historic designation, and a designation report was
subsequently prepared; and
WHERF~S, the Historic Preservation Board held a duly noticed public hearing m regard
to the historic designation on October 20, 1999, and voted unanimously to recommend that the property
described herein be designated a local historic site; and
WHERF~S, the City Commission of the City of Delray Beach has conducted a duly
noticed public hearing in regard to the designation of the property described herein as a local historic
site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
'CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City of Delray Beach, Florida, is
hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of
the Land Development Regulations of the City of Delray Beach, to-wit:
THE FEIJ.OWSHIP HAI.I. OF THE FIRST PRESBYTERIAN
CHURCH OF DELRAY BEACH, located at 36 Bronson Street,
Delray Beach, Florida; more particularly described as Lots 16, 17, 18 & 19,
Block 3, OCEAN PARK SUBDMSION, as recorded in Plat Book 5 at
Page 15 of the Public Records of Palm Beach County, Florida.
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 show the historic designation,
in an overlay manner.
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 its 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. 46-99
~.£. :s-, c,. __ BY rile SEA
N.-'.. ;S~ $7. ~ LOgY ~ STR£[T
VETERANS ~ D:__CA Y ..~, ,
-_-_ :~MIT ~ GROVE
PARK ~ D ~. 'VDO<~ ~ CONDO
ATLANTIC :~ ~
PLAZA ,~ .~,:.
~=~ ACE t SPANISH DELRA Y ~EACH
C~',DD RI~R MARRIOTT
RESORT
A TL A N T C AVENUE
~ CE ',~'JERCIAL ,t~=:
2 Z 'VD 0
HAR~D_ =
CONDZ
k... M IR Ak/AR STR'_-:'T
~' I~,~: ~-i DOVER HOUSE CONDO
:=' CONDO
~ ~:~:~ ~ cocoNu'~
' $.E. 2ND S~. I "" / ! ~ ~ ~ JARDIN DEL MAR
S.E. 3RD ST. I
N
~ FIRST PRESBYTERIAN CHURCH OF DELRAY
~T~ or ~L.^¥ .~^:~. ~ - FELLOWSHIP HALL -
PLANNING a, ZONING