02-03-98 Regular DELRA¥ BEACH
·
Ail-America City
CITY OF DELRAY BEACH FLORIDA - CITY COMMISSION REGULAR MEETING~, r ~,,
FEBRUARY 3, 1998 - 6:00 P.M./PUBLIC HEARING 7:00 P.M.
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program, or activity conducted by the City. Contact Doug
Randolph 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.
Regular Commission Meeting
February 3, 1998
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
5. Approval of Minutes:
Regular Meeting of January 20, 1998
6. Proclamations:
OF NOTE:
A. Burn Awareness Week - February 8-14, 1998
7. Presentations:
A. Special Merit Award to Robert Bullard, Utility Maintenance
Manager, and Clayton Gilbert, Senior Instrumentation
Technician, for their innovative assembly of a generator
mounted sewage pump which can be remotely monitored and
controlled.
B. Perry DonFrancisco - Holiday Toy Drive Committee Presentation
C. Kathy Daley - 1998 Legislative Agenda
8. Consent Agenda: City Manager recommends approval.
A. FINAL PLAT APPROVAL/DELRAY OCEAN ESTATES NORTH TWO: Approve
the final subdivision plat for Delray Ocean Estates North Two,
a proposed two unit single family subdivision, located on
Andrews Avenue, 230 feet south of Harbor Drive and west of
State Road A1A.
B. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL
ELECTION ITEMS: Authorize the Supervisor of Elections to
handle and canvass absentee ballots for the March 10, 1998,
municipal election, and represent the City at the requisite
logic and accuracy tests.
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Regular Commission Meeting
February 3, 1998
C. APPROVAL OF POLL WORKERS FOR MUNICIPAL ELECTION: Approve the
list of poll workers secured for the March 10, 1998, municipal
election.
D. AMENDMENT NO. 2 TO PURCHASE AND SALE AGREEMENT/WARD PROPERTY:
Approve Amendment No. 2 to the Purchase and Sale Agreement with
William and Claire Ward to extend the contract closing date to
February 17, 1998, for the City's acquisition of the Ward
property adjacent to the Leon Weekes Environmental Preserve.
E. APPROVAL OF FUND TRANSFERS: Approve the transfer of interest
earnings from the 1993 Water/Sewer Revenue Bond Construction
Fund to the Project Reserve in the Construction Fund, and the
transfer of all Project Reserve balances in the Construction
Fund to the Military Trail Utility Line Relocation Project.
F. CONSENT TO SUBLEASE/CHAMBER OF COMMERCE: Approve a Consent to
Sublease to allow the Chamber of Commerce, as Lessee, to
sublease a portion of the Chamber facility to American
Investment Properties, Inc.
G. PLAZA DELRAY POLICE SUBSTATION LEASE: Approve a Commercial
Lease Agreement between the City and St. Stephen Limited
Partnership to allow the Police Department to establish a
substation in Plaza Delray located at the northwest corner of
Linton Boulevard and Federal Highway.
H. K-9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K-9 Sale and
Hold Harmless Agreement regarding the sale of Police canine
"Storm" to Harold and Marilyn Dorfman.
I. REVISED NCIC/FCIC USER AGREEMENT WITH FLORIDA DEPARTMENT OF LAW
ENFORCEMENT: Approve a revised user agreement with the Florida
Department of Law Enforcement for use of the Florida and
National Crime Information Centers (FCIC/NCIC) which allows the
Police Department to access state and national data banks.
J. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTIONS: Ratify various actions approved by the
SCRWTD Board on January 15, 1998.
K. SERVICE AUTHORIZATION $2/RALPH HAHN & ASSOCIATES: Approve
Service Authorization #2 in the not to exceed amount of
$11,900.00 with Ralph Hahn & Associates for the preparation of
construction documents related to the replacement of air
conditioning units at the Police Department; with funding from
334-6111-519-63.21.
L. CONTRACT ADDITION AND CLOSE-OUT CHANGE ORDER $2/CHAZ EQUIPMENT
CO., INC.: Approve a contract addition to the Roosevelt Avenue
Drainage Improvements contract with Chaz Equipment Co., Inc.
for the emergency elimination of an improper water main
cross-connection on N.W. 3rd Street, and close-out Change Order
#2 in the net deduct amount of $3,837.74 based on final
as-built quantity adjustments for the project. Funding will be
3
Regular Commission Meeting
February 3, 1998
from 442-5178-536-63.50 for $10,532.88, and a liquidation of
($14,370.62) encumbered in the Project P.O. to 334-3162-541-
61.17.
M. SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES
AGREEMENT= Approve a contract addendum with H.T.E., Inc. for
support services associated with Phase I of the Citywide
Imaging and Document Management System, in the amount of
$60,000 for Phase I, with funding from 334-6112-519-64.12.
N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS= Accept
the actions and decisions made by the Planning and Zoning
Board, the Site Plan Review and Appearance Board and the
Historic Preservation Board for the period January 19, 1998
through January 30, 1998.
O. AWARD OF BIDS AND CONTRACTS=
1. Purchase award in the total amount of $15,163.40 to Pifer,
Inc. for one Jr. Turf Truckster Model #898543 (via State
of Florida contract), one 16" Heavy Duty Sod Cutter and
Accessories Model #544853B, and one Ryan Lawnaire 48"
Model #544876 (via GSA contract); with funding from
001-4511-539-64.90 and 001-4131-572-64.90.
2. Bid award in the amount of $104,960.72 to National
Ambulance Builders, Inc., under City of Boca Raton bid,
for a 1998 Navistar International heavy duty fire/rescue
transport vehicle, with funding from 501-3312-591-64.20.
9. Regular Agenda:
A. CONDITIONAL USE MODIFICATION/NEW JERUSALEM CHURCH OF GOD IN
CHRIST= Consider a request for conditional use modification to
allow an increase in the seating capacity and construction of
an off-site parking lot for the New Jerusalem Church of God in
Christ, located at the southeast corner of Lake Ida Road and
Roosevelt Avenue. QUASI-JUDICIAL PROCEEDING
B. PROPOSED PEDI-CAB SERVICE= Provide direction concerning
proposals to establish pedi-cab services in the City.
C. WAIVER FOR SPECIAL EVENT SIGNAGE/CITIBANK CHAMPIONS TENNIS
TOURNAMENT: Consider a request to waive LDR Section
4.6.7(D) (3) (j) (ii) to allow event signage and banners to be put
up two to three weeks prior to the Citibank Champions Tennis
Tournament which begins on February 25, 1998.
D. FORECLOSURE ACTION ON PROPERTY WITHIN BLOCK 28, TOWN OF DELRAY:
Consider authorizing the City Attorney to commence a
foreclosure action against property located on N.W. 5th Avenue
(south 30 feet of Lot 6, Block 28, Town of Delray) based on
outstanding nuisance abatement liens.
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Regular Commission Meeting
February 3, 1998
E. PURCHASE OF SERVICES AND MATERIALS FOR MILITARY TRAIL FORCE
MAIN RELOCATION: Consider approval of the purchase of various
services and materials necessary to relocate approximately
2,000 linear feet of an existing 12" sanitary force main
located on the west side of Military Trail between Lowson and
Linton Boulevards; in the amount of $27,929.08 with funding
from 442-5178-536-63.51.
F. REMOVED
G. GRANT AWARD/GOLD COAST CLEAN CITIES ALTERNATIVE FUEL VEHICLE
PROGRAM: Consider approval of a grant award from the South
Florida Regional Planning Council under the Gold Coast Clean
Cities Alternative Fuel Vehicle Grant Program in the amount of
$100,000. This is a 50/50 matching grant with City funding
available from 501-3312-591-64.20.
H. SETTLEMENT PROPOSAL/CLECKLEY V. CITY OF DELRAY BEACH: Consider
settlement of the referenced matter as recommended by the City
Attorney.
10. Public Hearings:
A. ORDINANCE NO. 2-98: An ordinance amending the Redevelopment
Plan of the Community Redevelopment Agency.
1. RESOLUTION NO. 11-98: A resolution adopting the West
Atlantic Avenue Redevelopment Plan.
B. ORDINANCE NO. 8-98 (SECOND PUBLIC HEARING): An ordinance
amending Section 4.4.13, "Central Business (CBD) District", of
the Land Development Regulations to allow densities in excess
of 30 units per acre as a conditional use within certain
sections of the Central Business District, subject to specified
performance standards.
C. ORDINANCE NO. 9-98 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending LDR Section 4.4.13(B) to allow 'residential
type inns' as a permitted use in the Central Business District
(CBD), amending Section 4.4.24(D) to allow 'residential inns'
as a conditional use in the Old School Square Historic Arts
District (OSSHAD), amending Section 4.3.3(X) pertaining to
"Special Requirements for Specific Uses" for residential inns,
and amending Appendix "A", "Definitions" If passed, a second
public hearing will be scheduled for February 17, 1998.
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.
Regular Commission Meeting
February 3, 1998
12. First Readings:
A. ORDINANCE NO. 10-98: An ordinance rezoning a portion of the
Seacrest Boulevard Continuing Presbyterian Church site from
R-1AA (Single Family Residential) and RM (Medium Density
Residential) to CF (Community Facilities) District. The
subject property is located at the southeast corner of Seacrest
Boulevard and Gulfstream Boulevard. If passed, a
quasi-judicial public hearing will be scheduled for February
17, 1998.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 3, 1998 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.I. ACCESS EASEMENT AGREEMENT WITH OCEAN PROPERTIES: Consider
approval of an access easement agreement with Ocean Proper-
ties regarding the City parking lot on the north side of the
new Delray Beach Marriott.
9.J. LANDSCAPE EASEMENT AND MAINTENANCE AGREEMENT WITH MANOR HOUSE
CONDOMINIUM ASSOCIATION, INC.: Consider approval of a
landscape easement and maintenance agreement with Manor House
Condominium Association, Inc.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 3, 1998 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM NO. 2
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING:
6. Proclamations:
B. National Kindness Week - February 8-15, 1998
'.' : WHEREAS, severe burn injuries are a leading cause
~"~ ~'·. of deaths and injuries in North America, especially among young
~ children; and
WHEREAS, every year more than 2 million people
suffer burn injuries of some kind, and more than one of every
three burn victims are children; and
WHEREAS, approximately 75 percent of all burn
injuries and deaths are preventable; and
WHEREAS, the Shrine of North America operates four
Shriners Hospitals, which provide free medical care to severely
burned children; and
WHEREAS, the Shrine of North America and the
Shriners Hospitals join with other burn facilities across the
nation in recognizing the seriousness of this hazard and the
urgent need to educate the public about burn prevention and
fire safety; and
WHEREAS, it is fitting and appropriate to
acknowledge the contributions of the Shrine of North America
and to commend the Shriners for their continued support and
care of young burn victims.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim the week of February 8-14, 1998 as
BURN AWARENESS WEEK
in Delray Beach, and encourage all of our citizens to support
the Shriners Burns Institutes and to take appropriate
precautions to protect their families from devastating burn
injuries.
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 3rd day of February, 1998.
MAYOR
JAY ALPERIN
SEAL
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 3, 1998 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM NO. 2
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING:
6. Proclamations:
B. National Kindness Week - February 8-15, 1998
WHEREAS, random acts of kindness are those sweet or
lovely things we do for no reason except that momentarily, the
best of our humanity has sprung into full bloom; and
WHEREAS, when we step outside the arena of the
normal boundaries of our lives then our kindnesses, too, move
beyond the routine and enter the realm of the extraordinary and
exquisite. Instead of being responsible good deeds they become
embodiments of compassion; and
WHEREAS, to become the perpetrator of random acts
of kindness, then, is to become in some sense an angel; for it
means you have moved beyond the limits of your daily human
condition to touch wings with the divine; and
WHEREAS, people across the country will be joining
The Kindness Foundation forces the week of February 8th through
February 15, 1998 for National Kindness Week.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby declare February 8th through February 15, 1998 as
NATIONAL KINDNESS WEEK
in Delray Beach, Florida, and encourage all of our citizens to
become the person to give random acts of kindness and share
this ideal among acquaintances and strangers from all the
city's many ethnic, cultural, and religious backgrounds and
live with a part of the movement in their hearts every day.
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 3rd day of February, 1998.
MAYOR
JAY ALPERIN
SEAL
Agenda Item No. --t-~
AGENDA REQUEST
Date: 1/28/98
Request to be placed on:
Workshop Agenda When: 2/3/98
X..X Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests formal recognition of Messrs. Robert
Bullard and Clayton Gilbert for their innovative assembly of a generator mounted sewage pump which can
be remotely monitored and controlled. The system operates as a completely portable and independent
sewage pump station and has already been used to avert a major sewage spill.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: N/A
DEPARTMENTHEADSIGNATURE: (~- ~ )'2--~-~/'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on alt items involving expenditure of funds):
Funding available YES/NO
Funding alternatives .(if applicable)
Account No. & Description
Account Balance
City Manager Review: Appr°ved f°r agenda: ~/5~qO ~t~/~Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Director of Environmental Services
SUBJECT: SPECIAL MERIT AWARD
ROBERT BULLARD, UTILITY MAINTENANCE MANAGER
CLAYTON GILBERT, INSTRUMENTATION TECH., SR.
DATE: January 28, 1998
We were pleased to receive notice from the City's Human Resources Director that Messrs. Bullard and Gilbert
will share a special merit award for their recent suggestion submittal regarding a generator mounted sewage
pump. The availability of this piece of equipment has already averted what almost certainly would have been a
major raw sewage spill subsequent to a main break on Lake Ida Road in the week prior to Christmas.
The innovative system assembled by Utility Maintenance under the direction of Messrs. Bullard and Gilbert
involved the mounting of a pair of sewage pumps on the trailer frame of a 100 kw portable generator. The
electric motor driven pumps were salvaged from one of the lift stations rehabilitated under a recent Lift Station
Rehab contract. The motors were wired into the generator for operation under auxiliary power. Through the
application of our current radio telemetry technology, a Data Flow System (DFS) control unit and antenna were
mounted on the generator and wired to allow remote monitoring and control of the unit. The generator and
pumps can be started and stopped from the Utility Maintenance DFS computer or from the laptop used by
standby personnel to monitor system operations after working hours. A float level switch was also installed to
allow automatic operation of the unit as a function of liquid levels in a manhole or wetwell. The system even
monitors the generator's fuel level and alerts Maintenance personnel when refueling is required. The complete
unit can be transported anywhere in the system, have suction and discharge connections made and be left to
operate as a portable pump station.
The pump/generator was used on a 24 hour basis for approximately two weeks providing sewage transmission
service to the entire Chatelaine Subdivision, while City contractors replaced a deteriorated manhole on the north
side of Lake Ida Road which had sunk causing connecting pipes to shear and break. Based on the successful
performance of the unit, a second system is being assembled.
We are fortunate to have innovative and motivated individuals like Messrs. Bullard and Gilbert in the City's
employ. They are certainly deserving of recognition for their efforts.
Please place this item on the February 3, agenda for award presentation by Mayor Alperin.
RCH:cl
cc: Robert Bullard
Clayton Gilbert
Ned Gusty
File
CITY OF DELRAY BEACH ~ ~
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Please fill in the space beZow. This stub shall be I
returned to you as acknowledgement of reciept . i
of your suggestion.
Thank you for your suggestion.
This Suggestion Concerns: We have assigned it the ID #
?,~,',,~\n~lB'"'18:'~ o.. ~fr,,-+o.ble. shown above. Careful consid-
u n', eration will be given to your
proposal. You will be notified
of action taken.
Name: '~o~¢;T ~>~ll o,r ~
Address: Director of Human Resources
Date
Memorandum
To: Richard Hasko
Acting Director of Environmental Services
From: Robert C. Bullard
Manager of Maintenance
Clayton Gilbert
Instrumentation Tech
Date: October 31, 1997
SUB/: COST SAVINGS
During the rehabilitation ofli~ station # 88, the Maintenance Division requested that the
existing pumps be salvaged and returned to the City. The Maintenance Division took.
these pumps and created a portable by-pass pumping unit to be used primarily in
emergency situations at l~ stations under low head conditions.
This effort saved the City a substantial amount of money, as to purchase a new unit per
the attached quote is over $7,900.00
This unit has been field tested at lift station # 10, and has been verified that it is capable of
handling the flow at that station. This completes the first of two (2) units that the
Maintenance Division plans to build.
( Broward (954) 781-8400
SOUTHEASTERN PUMP Palm Beach (561)734-1949
P.O; Box 100727 Dado (305) g47-9515
S~,co Ft. Lauderdale, FL 33310 FAX (g64) 781-8434
· ' October 30, 1997
City of Delray Beach
Utility Maintenance Division
434 South Swinton Avenue
Delray Beach, FL 33444
Attention: Mr. Clayton Gilbert
Subject: Duplex Self-Priming Pumps and Controller
Clayton:
In response to your inquiry, we are pleased to quote the following:
Two (2) Barnes Self-Priming Pumps, 4-inch inlet/outlet, cast iron construction
' complete with Baseplate. V-Belt Drive, and 7 1/2 HP, TEFC, 3-Phase,
1750 RPM motor·
One (1) Duplex Control Panel, Fiberglass Enclosure. U.L. Listed, features in
accordance with DER requirements· ..~
Four (4) i Non-Mercury Floats
PRICE: $ 7,980.00
Thank yo.u for the opportunity to quote your requirements, please advise us how we
may be of further assistance. '.
Sincerely,
SOUTHEASTERN PUMP · 1368 S.W. 12[h Avenue · Pornpa. no Be;zch, Fl_ 33069
Built by Maintenance Division
October 1997
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ~A - REGULAR MEETING OF FEBRUARY 3, 1998
FINAL PLAT APPROVAL/DELRAY OCEAN ESTATES NORTH TWO
DATE: JANUARY 29, 1998
This is before the Commission to approve the final subdivision plat
for Delray Ocean Estates North Two, a proposed two unit single family
subdivision. The subject property is located on the east side of
Andrews Avenue, 230 feet south of Harbor Drive and west of State Road
A1A, and contains 1.38 acres.
The plat was certified by the Planning and Zoning Board on December
15, 1997. All staff comments have been addressed.
Recommend approval of the final subdivision plat for Delray Ocean
Estates North Two.
ref:agmemo9
Agenda Item No. ~
AGENDA REOUE.~T
Date: Jan. 28, 1998
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: Feb. 3, 1998
Description of item (who, what, where, how much): Approval of final
subdivision plat for Delray Ocean Estates North Two. Staff comments have
been addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of final subdivision plat for
Delray Ocean Estates North Two
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~ NO /
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
BC/~m
File: tac-ocnest2
agenda.doc
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Barron Caronite %~5~
Engineer I
SUBJECT: FINAL SUBDIVISION PLAT
DELRAY OCEAN ESTATES NORTH TWO
DATE: January 28, 1998
Attached is an agenda request for Commission approval of the final subdivision plat for
Delray Ocean Estates North Two. The subject plat consists of the subdivision for two
single family homes. The site plan was previously approved by the Planning and Zoning
Board at the December 15, 1997 meeting. Also attached is a location map and reduced
copy of the plat. If acceptable, please place this item on the February 3, 1998,
Commission meeting for Commission approval.
BC/gm
attachment
file: TAC-Delray Ocean Estates North Two
s/eng/eng/tac/oceanest/fnlpltsb.doc
cc: Paul Dorling, Principle Planner
Sharon Morgan, Executive Assistant
ATLANTIC AVENUE
CITY of DELRAY BEACH DE~Y OC~ ESTATES NORTH
~ E~R0~ENT~ SER~CES DEP~TME~.~ SUBD~SION P~T ~0
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT--
MEETING DATE: December 15, 1997
AGENDA ITEM:
II;+A~; Combined Preliminary/Final Plat for Delray Ocean Estates North Two, a
proposed two (2) unit, single family subdivision, located on Andrews Avenue,
230 ft. south of Harbor Drive and west of Ocean Boulevard (State Road AIA).
GENERAL DATA:
Owner ...................................... Joseph C. Diamond
Applicant ................................... Diamond Co.
Agent ........................................ Caulfield & Wheeler, Inc.
Dan Beatty
Location .................................... On Andrews Avenue, 230 ft.
south of Harbor Drive and
west of Ocean Boulevard
(State Road A1A).
Property Size ................... ' ......... 1.38 Acres
Future Land Use Designation...Low Density Residential
Existing Zoning .............. North: R-l-AAA (Single Family
Residential)
East: R-l-AAA
South: R-l-AAA
West: R-l-AA (Single Family
Residential)
Existing Land Use ..................... Vacant
Proposed Land Use .................. Construction of a 2 unit
single family subdivision
Water Service ........................... Available via a connection to
an existing 8" water main
along Andrews Avenue and
a 6" water main along AIA.
Sewer Service ........................... Available via connection to
an existing 10" sewer main
between proposed lots land
N
III.A.
The item before the Board is that of approval of a combined preliminary/final plat for a
1.38 acre single family subdivision known as Delray Ocean Estates North Two. The
subject property is located on the west side of SR A1A approximately 1,450 feet south
of George Bush Boulevard.
This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions.
The subject property consists of a portion of Seger's Addition to Delray Beach, a plat
which was created in 1936. The property is vacant, and is zoned R-1AAA, which allows
single family development with minimum lot sizes of 12,500 square feet (100' width,
110' depth).
The proposed plat consists of two single family lots, the smaller of which is 20,600
square feet. In addition, a separate recreation tract will provide a tennis court to be
shared by the residents of this subdivision and Delray Ocean Estates North, the
adjacent subdivision to the north, which was approved by the City Commission on
August 19, 1997.
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval
of development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through information in the
application, the staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings relate to the
following four areas:
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The property is zoned R-1AAA (Single Family Residential) which is consistent with the
property's Future Land Use Map designation of Residential Low Density (0-5 du/ac).
The proposed single family development, having an overall density of 1.45 du/ac, is
allowed as a permitted use within the R-1AAA district.
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 as
established in the Comprehensive Plan.
P&Z Staff Report
Combined Preliminary/Final Plat for Delray Ocean Estates North II
Page 2
Water: Water service will be provided to the site via service connections to the existing
water main in Andrews Avenue, and the 8" water main proposed as part of Delray
Ocean Estates North plat improvements immediately to the north. Adequate fire
suppression is provided 'to the site via the fire hydrant proposed in Delray Ocean
Estates North.
Sewer: Sewer service will be provided to the site via service connections to the existing
10" sewer line between lots 1 and 2.
Drainage: Drainage will be provided with the installation of swales in the proposed
access/drainage/utility easement.
Traffic: The proposed two single family homes will generate 20 average daily trips
(AD'I-). The slight increase in traffic on Andrews Avenue resulting from the proposed
project will not create a negative impact on the street system. In addition, this project is
significantly below the maximum number of units allowed, thus generating significantly
fewer trips.
Pursuant to the Palm Beach County Traffic Performance Standards Ordinance, projects
generating volumes less than 200 ADT need only address the directly accessed
roadway link. No LOS concerns are noted for Andrews Avenue. Thus, the
development meets traffic concurrency.
Parks and Recreation Facilities: Park demands generated by the construction of new
housing units were factored into the 1989 Comprehensive Plan, Open Space and
Recreation Element. The proposed development will not have a negative effect with
respect to this level of service standard. The applicant will be required to pay the City's
park and recreation impact fee of $500 per unit at the time of building permit issuance.
Solid Waste: The proposed development will generate 3.98 tons of solid waste per
year (2 units x 1.99 tons per year). As a single family development, and its associated
solid waste generation was anticipated for this site by the City and County
Comprehensive Plans, level of service standards for solid waste generation will not be
affected by the proposed development.
Consistency: Pursuant to Section 3.3.1 (Basis for Determining Consistency), the
performance standards set forth in Section 3.3.3 (Standards for Site Plan and/or
Plat Actions) along with compliance with Section 2.4.5(F)($) (General
Compatibility and Harmony with Adjacent Properties) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the Comprehensive Plan may be used in making a finding of
overall consistency. The applicable performance standards of Section 3.3.3 are
discussed below:
Section 3.3.3 (Standards for Site Plan/Plat Action): The applicable performance
standards of Section 3.3.3 and other policies which apply are as follows:
P&Z Staff Report
Combined Preliminary/Final Plat for Delray Ocean Estates North II
Page 3
(A) Building Design, landscaping, and lighting (glare) shall be such that they
do not create unwarranted distractions or blockage of visibility as it
pertains to traffic circulation.
This standard will be reviewed in conjunction with the building permits that will be
submitted for the single family homes. The applicant will be required to submit a street
landscaping and lighting plan as acondition of approval.
(B) Appropriate separation of travelways is made for vehicles, bicycles, and
pedestrians in a manner consistent with Objective D-'I of the Traffic
Element.
The applicant is seeking waivers from the requirement to install sidewalks on SR A1A
and Harbor Court (access easement). See the applicable section under compliance
with Land Development Regulations for a discussion of this request.
(C) Open space enhancements, including the maintenance of vistas and
enhancement of streetscapes as described in Open Space and Recreation
Element Objective B-'I, are appropriately addressed.
The applicant will be required to submit a tree survey and environmental assessment of
the site. The assessment will identify trees to be incorporated into the development, to
be relocated on site, and to be removed. The relocation, removal, and retention of
trees with this-development must be coordinated with the Community Improvement
Department at the time of building permit.
(E) Development of vacant land which is zoned for residential purposes shall
be planned in a manner which is consistent with adjacent development
regardless of zoning designations.
The proposed single family subdivision is consistent with the surrounding
neighborhood, which is developed as single family residential.
(F) Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable
physical considerations; is complementary to adjacent land uses; and
fulfills remaining land use needs.
It appears that there are no major problems that would affect development of this
property relative to soils, topography and other physical considerations. The proposed
two lot single family residential project will be compatible with, and complementary to,
the adjacent stable residential area.
P&Z Staff Report
Combined Preliminary/Final Plat for Delray Ocean Estates North II
Page 4
OTHER COMPREHENSIVE PLAN POLICIES:
Other Comprehensive Plan Policies and objectives which relate to this development
proposal include:
Open Space and Recreation A-3.1 Tot lots and recreation areas, serving children
from toddlers to teens, shall be a feature of all new housing developments as part
of design to accommodate households having a range of ages. This requirement
may be waived or modified for residential developments located in the downtown
area, and for infill projects having fewer than 25 units.
The proposed development will provide a recreation area consisting of a tennis court to
service both this project and the adjacent Delray Ocean Estates North. Given the small
size of these developments (a total of 7 units), the tennis court can be deemed
sufficient to be consistent with this policy.
Coastal Management Policy C-3.2 There shall be no change in the intensity of
land use within the barrier island and all infill development which does occur
shall connect to the City's storm water management system and sanitary sewer
system.
The development proposal is a single family residential subdivision consisting of two
units and a common recreation area, with a density of 1.45 du/ac. The maximum
potential units on the site is four. Thus, the proposed development decreases the
potential intensity of land use on the barrier island, meeting the intent of the policy. The
proposed lots will connect to the City's stormwater management and sanitary sewer
systems.
Coastal Management Objective D-2 There shall not be any development upon the
barrier island which shall reduce hurricane evacuation time beyond its present
level or which shall lower the level of service at the intersections of SR A1A and
Atlantic Avenue; George Bush Boulevard and SR A1A; or Linton Boulevard and
SR A1A.
The development proposal is a single family residential subdivision consisting of two
lots. The 20 ADT generated by the development will have no effect on evacuation time
or the LOS at the noted intersections. As the proposal represents a reduction in the
maximum potential intensity allowed, the development has no negative impacts on
evacuation time.
Future Land Use Element Policy A-1.1 (Low Density_ Residential) This designation
is applied to land which is developed, or is to be developed, at a density of five
units per acre or less. Such land is usually developed for single family purposes
although mixed residential uses may occur under a planned residential zoning
P&Z Staff Report
Combined Preliminary/Final Plat for Delray Ocean Estates North II
Page 5
district. Homeownership is characteristic of this designation. Where this
designation exists, uses other than Iow density residential shall not be
considered.
The proposed development is a single family detached subdivision, with a density of
1.45 du/ac. The proposed units are consistent in terms of surrounding single family
development.
Housing Objective B-2 Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet
the housing needs identified in this Element.
The site is surrounded by single family homes to the north, south and west. The
development proposal calls for detached single family homes, which is consistent with
the R-1AAA district, and is appropriate given the surrounding residential development.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
LDR Section 4.3.4(K) Development Standards Matrix:
Lot Sizes and Building setbacks:
Pursuant to LDR Section 4.3.4(K), the following are the minimum requirements as they
relate to lot sizes and building setbacks for detached single family homes within the R-
1AAA zoning district:
Interior/Corner Lot Width 100'
Lot Depth 110'
Front Setback 35'
Side Interior/Rear Setback 12'
Side Street Setback 17'
Lot Size 12,500 sf
All of the proposed lots meet or exceed the minimum requirements with respect to ~
width, depth, and lot size. Compliance with setback requirements will be addressed at
building permit.
Dead End Street:
Per LDR Section 6.1.2 (B)(4)(a), dead end streets without provision of a turnaround are
not allowed. Generally, this turnaround is via a cul-de-sac, however, in unique
situations where a cul-de-sac cannot reasonably be accommodated, a "T" or
"hammerhead" turnaround may be accepted by the Board if approved by the Fire
P&Z Staff Report
Combined Preliminary/Final Plat for Delray Ocean Estates North II
Page 6
Marshal. Lot access in this plat is proposed via an extension of Harbor Court from the
Delray Ocean Estates North plat. Delray Ocean Estates North was approved with a "T"
turnaround. With the development of Delray Ocean Estates North Two, this turnaround
will be relocated south to serve the new lots. The Fire Marshal has reviewed the
request and indicated that the "'r" turnaround is acceptable.
Street Lights and Street Trees:
Pursuant to LDR Sections 6.1.5 and 6.1.12, planting of shade trees and street lighting
is required. The applicant will be required to submit a landscape plan providing street
trees and lighting details. Approval of the landscape and lighting plans prior to
obtaining the first building permit is attached as a condition of approval.
Sidewalks:
Pursuant to LDR Section 6.3.1 (B)(1), a 5' sidewalk is required on both sides of a
residential street. The applicant has requested a waiver of this requirement, indicating
that a bikepath exists along the east side of Andrews Avenue, and a sidewalk exists
along the east side of SR A1A. No sidewalks will exist along Harbor Court north of this
property, since a waiver to this requirement was given previously for Delray Ocean
Estates North, the adjacent subdivision. Given the size of the development, the fact
that no sidewalk will be built on the remainder of Harbor Court, and the presence of an
existing pedestrian system in the surrounding area, a waiver is appropriate for a
sidewalk on Harbor Court and the west side of SR A1A.
Findings for Granting Waivers:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver from sidewalks, the
granting body is required to make a finding that the granting of the waiver:
(A) Shall not adversely affect the neighboring area;
(B) Shall not significantly diminish the provision of public services;
(C) Shall not create an unsafe situation;
As previously discussed, given that a pedestrian system exists in the area, and that the
project consists of only two residences, a positive finding can be made that the waiver
will not adversely affect the neighboring area, diminish provision of public services, or
create an unsafe situation.
(D) Does not result in the grant of a special privilege, in that the same waiver would be
granted under similar circumstances on other properly for another applicant or
owner.
P&Z Staff Report
Combined Preliminary/Final Plat for Delray Ocean Estates North II
Page 7
Given the limited size of the development, it is reasonable to assume that under similar
circumstances a waiver would be granted.
A revised plat was submitted-on December 3, 1997, addressing most of the staff
comments. The following outstanding comments must be addressed prior to
scheduling the plat for City Commission and prior to obtaining the first building permit:
1. A copy of the homeowner documents are required prior to City Commission
approval.
2. Paving and grading plans, including pavement repair details for utility services, are
required prior to the issuance of building permits.
3. A street tree planting plan is required including street light locations for the access
roadway prior to City Commission approval.
4. A tree survey, and an environmental impact/management plan indicating the
manner in which the native plant communities will be preserved must be submitted
prior to City Commission approval.
The development proposal is not located in an area which requires review by the
Community Redevelopment Agency (CRA) or the Downtown Development Authority
(DDA).
Courtesy Notice:
^ courtesy notice has been sent to the following neighborhood/condominium
associations:
· Beach Properties
· Delray Summit
· Landings of Delray
· Oceanfront Property Owners
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
P&Z Staff Report
Combined Preliminary/Final Plat for Delray Ocean Estates North II
Page 8
i
::::::.:...:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ;: ..... ~'.: , .~ ~, - ~ ::~: :: . ~.:..~:':~:;~.:.~'~! .:.:.~{ :-::::>.. ~.,..::.,.:..-.<..'...~
The development proposal to construct two single family homes and a common tennis
court is consistent with the zoning and Future Land Use Map designation for the subject
property. Positive findings can be made with regard to Concurrency and
Comprehensive Plan consistency.
The proposal includes a request for relief from sidewalk installation. As previously
indicated, given the size of the development and the lower density proposed, the
sidewalk waiver is appropriate.
A. Continue with direction and concurrence.
B. Approve the preliminary plat for Delray Ocean Estates North Two and certify the
final plat subject to conditions.
C. Approve the preliminary plat, and require submittal of a final plat to be processed
separately.
D. Deny the preliminary plat and final plat with basis stated.
By separate motions:
Waiver for Sidewalks:
Approve a waiver from the requirement for the installation of sidewalks in Harbor Court
(the access easement), and along the west side of SR A1A, based on positive findings
with respect to LDR Section 2.4.7(B)(5).
Plat:
Approve the preliminary plat and certify the final plat for Delray Ocean Estates North
Two, pursuant to the following conditions:
1. That HRS permits be provided.
2. A copy of the homeowner documents are required prior to City Commission
approval.
P&Z Staff Report
Combined Preliminary/Final Plat for Delray Ocean Estates North II
Page 9
3. Paving and grading plans, including pavement repair details for utility services, are
required prior to the issuance of building permits.
4. A street tree planting plan is required including street light locations for the access
roadway prior to City Commission approval.
5. A tree survey, and an environmental impact/management plan indicating the
manner in which the native plant communities will be preserved must be submitted
prior to City Commission approval.
Attachments:
· Plat
S:~adv\Ocean3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMg~AGER~
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF FEBRUARY 3, 1998
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/CANVASS ABSENTEE BALLOTS AND REPRESENT THE CITY
AT LOGIC & ACCURACY TESTS FOR THE MUNICIPAL ELECTION
DATE: JANUARY 30, 1998
This is before the Commission to authorize Theresa LePore,
Supervisor of Elections for Palm Beach County, to handle the
City's absentee ballots for the March 10th municipal election.
Ms. LePore's office is equipped with a computerized system for
monitoring ballot requests, distributions, accounting for
unreturned ballots, as well as electronic signature verification.
She will also insure that the absentee ballots are held in
safekeeping prior to canvassing. The Supervisor of Elections
should also be authorized to represent the City at the canvassing
of the absentee ballots.
It is further recommended that Ms. LePore be designated to
represent the City's canvassing board at the logic and accuracy
(L&A) testing of the electronic tabulating equipment. The L&A
tests will be conducted on Friday, March 6, 1998 at 10:30 a.m. as
well as on election day both before and after counting of the
ballots, at both the South County and West Palm Beach election
office sites.
Recommend authorizing the Supervisor of Elections for Palm Beach
County to handle/canvass the City's absentee ballots for the
March 10, 1998, municipal election, and designating her as the
City's representative at the requisite logic and accuracy tests.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUARY 3, 1998
APPROVAL OF POLL WORKERS FOR MUNICIPAL ELECTION
DATE: JANUARY 30, 1998
This is before the Commission to approve the list of poll workers
for the municipal election to be held on March 10, 1998, and to
direct the City Clerk to select a sufficient number of clerks and
inspectors from the list to work during the election, pursuant to
Section 34.02 of the City Code.
The list is attached for your review.
Recommend approval of the poll workers with direction to the City
Clerk to select a sufficient number of workers for the municipal
election on March 10, 1998.
Elaine Joy Knott Moran George Moran Rose Calvi
114 NW 16th Street 114 NW 16th Street 1521 NW 18th Avenue #201
Delray Beach F1 33444 Delray Beach, FL 33444 Delray Beach, F1 33445
Joel Port Nancy R. Petrovsky Sylvie Turner
2146 NW 10th Street 1604 NW 23rd Street #611 1345 B High Point Way
Delray Beach F1 33445 Boynton Beach, F1 33436 Delray Beach, F1 33445
Roy Mahoney Irene Cantor David Forest
15193 E Tranquility Lake Dr Piedmont A 17 Kings Point 13581 Whippet Way East
Delray Beach F1 33446-3462 Delray Beach, F1 33383 Delray Beach, F1 33484
Charles Broadnax Shirley Brody Emily Burgess Taylor
712 Golf Court 13343 B Via Vulcanus 123 NW 3rd Avenue
Delray Beach F1 33445 Delray Beach, F1 33484 Boynton Beach, F1 33435
Bella Himmelfarb Murray Kalish Martin Himmelfard
14773 Cumberland Drive #206 6021 Stanley Lane 14773 Cumberland Drive #206
Delray Beach F1 33446 Delray Beach, F1 33484 Delray Beach, F1 33446
Leonore Eisenberg Ricky Spitzer Claire Narod
13618 W Whippet Way 6029 Dusenburg Road 13357 A Via Vesta
Delray Beach F1 33484 Delray Beach, F1 33484 Delray Beach, F1 33484
Harry Weger Leon Teger Katherin Fico
14163 D Nesting Way 15036 Ashland Apt B 69 331 SE 4th Avenue
Delray Beach F1 33484 Delray Beach, F1 33484 Delray Beach, F1 33483
Florence Starr Milton Schwartz Ernst Kaiser
1130 Violet Terrace CB 30 6283 Dusenburg Drive 1030 Citrus Way #201
Delray Beach F1 33445 Delray Beach, F1 33484 Delray Beach, F1 33445
Sylvia Sandowsky Beatrice West Roselyn Cohen
14530 Cand Way 814 NW 4th Avenue 14585 Lucy Drive
Delray Beach, F1 33484 Delray Beach F1 33444 Delray Beach F1 33484
Selma Durschlag Alexander Durschlag Samuel Cohn
15461 Pembridge Drive 15461 Pembridge Drive 14585 Lucy Drive
Delray Beach, F1 33484 Delray Beach F1 33483 Delray Beach F1 33484
Sylvia Cassillo Bernard Sandowsky Theodore Taldon
1421 NW 20th Avenue CB 116 14530 Candy Way 1441 N-W 19th Terrace
Delray Beach, F1 33445 Delray Beach F1 33484 Delray Beach F1 33445
Eva Albano Rose Port Marie Bozzelli
1680 NW 20th Avenue 2146 NW 10th Street 243 Cardinal Lane
Delray Beach, F1 33445 Delray Beach F1 33445 Delra¥ Beach F1 33445
Lucille Vogelman Rena Gregory Leona Joseph
80 Piedmont B 222 Seacrest Circle 6030 Stanley Lane
Delray Beach, F1 33484 Delray Beach F1 33444 Delray Beach F1 33484
Rheta Shaul Lillian Jacobson Miriam Applebaum
15217 Lakes of Delray Blvd 1347 A Via Vesta 14378 Altocedro Drive
Pembridge C 82 Delray Beach F1 33484 Delray Beach F1 33484
Delray Beach, F1 33484
Marilyn Coughlin Helen Yorkilous Connie Brady
27865 Carnation Court 1340 A High Point Way SE 4163 Brandon Drive
Delray Beach, F1 33445 Delray Beach F1 33445 Delray Beach F1 33445
Rita Epstein Marlane Rayman Robert Sherer
919 NW 23 Lane 8055 Summer Shores Dr 6 A]0bey Lane
Delray Beach, F1 33445 Delray Beach F1 33446 Delray Beach F1 33446
Anita Berliner Barbara Schindler Gilbert Berliner
15144 Ashland St #266 H 16 Piedmont A Kings Point 15144 Ashland Street #266 H
Delray Beach, F1 33484 Delray Beach, F1 33484 Delray Beach 33484
Edith Forest Eve Harmel Irving Jacobson
13581 Whippet Way East 1100 NW 19th Terrace 13479 A Via Vesta
Delray Beach, F1 33483 Delray Beach, F1 33445 Delray Beach, F1 33484
Alice Schultz Gwendoly~ Green Fred Ash
1080 NW 19th Terrace 342 NW 3rd Avenue P.O. Box 28
Delray Beach, F1 33445 Delray Beach, F1 33444 Delray Beach, F1 33447
Vera Farrington Nellie Jackson Eva Kamer
310 NW 2nd Avenue 1587 NE 3rd Avenue 13413 B Via Vesta
Delray Beach, F1 33444 Delray Beach, F1 33444 Delray Beach, F1 33484
Elvera Beffa Minney Stokes Yvonne Baine
5 Abbey Lane #407 1301 SW 10th Avenue Apt C 107 P.O. Box 1565
Delray Beach F1 33446 Delray Beach, F1 33444 Delray Beach, F1 33444
Deborah Bostwick Willie Mae Burgess Madelyn Rakov
705 SW 2nd Street 116 SW 8th Avenue 2800 Fiore Way #101
Delray Beach F1 33444 Delray Beach, F1 33444 Delray Beach, F1 33445
Grace Gilbert Helen Daly Alfred Pilson
53 Monaco Court 207 Tropic Isle Drive #215 6129 DuseD-burg Road
Delray Beach F1 33446 Delray Beach, F1 33483 Delray Beach, F1 33484
Burton Wachtel Rosalyn Kalish Ann Gold
14535 Candy Way 6021 Stanley Lane 5347 B Poppy Place
Delray Beach F1 33484 Delray Beach, F1 33484 Delray Beach, F1 33483
Francis A Meyers Roselyn Waldman Helen Monroe
921 Gardenia Dr #471 2800 Fiore Way #102 5743 Doris Court
Delray Beach F1 33483 Delray Beach, F1 33445 Delray Beach, F1 33484
Bernard Rogoff Irene Frackiweicz Bessie Moroff
13335 Via Vesta 14452 Campanelli Dr 5400 Viburnum St
Delray Beach F1 33484 Delray Beach, F1 33484 Delray Beach, F1 33484
George Spitzer MarilynMiller Hinda Wachtel
6028 Dusenburg Road 7360 So Oriole Blvd #307 E 14535 Candy Way
Delray Beach, F1 33484 Delray Beach, F1 33446 Delray Beach, F1 33484
Morton Klibonoff Shirley Edelson Albert Berman
1320 CNW 29th Avenue 13099 Via Vesta 14386 Campanelli Drive
Delray Beach, F1 33445 Delray Beach, F1 33484 Delray Beach, F1 33484
Arnold Waldman Robert Berman Beverly Berman
2800 Fiore Way ~ 102 6096 Huntwick Terrace #103 6096 Hu~twick Terrace #103
Delray Beach, F1 33445 Delray Beach, F1 33484 Delray Beach, F1 33484
Norma Platzner Bertha Shirley Teger Ida Bemben
15342 Lakes of Delray Blvd #82 15036 Ashland Lane # B69 5813 Northpointe Lane
Delray Beach, F1 33484 Delray Beach, F1 33484 Boynton Beach, F1 33437
Catherine Fattizzi Catherine Matthews Sol Morse
14696 Lucy Drive 5751 Doris Court 20935 Covington Dr #167
Delray Beach, F1 33484 Delray Beach, F1 33484 Delray Beach, F1 33433
Patricia Wagner Minnie Morse Bernice Bilow
1050 Dotteral Road #111-3 20935 Covington Dr #167 1141 Boxwood Dr Apt C
Delray Beach, F1 33444 Boca Raton, F1 33433 Delray Beach, F1 33445
Shirley Zipkin Bea Rosenberg Ethel Kretsky
1151 Calamondin Terr Apt #201 1111 Cactus Terrace #204 1121 Lemon Tree Terrace
Delray Beach, F1 33445 Delray Beach, F1 33445 Delray Beach, F1 33445
Richard Roane Ann Schwartz Ann Jacobs
1110 Mahogany Way #203 6283 Dusenburg Road 6241 Pointe Regal Circle ~20
Delray Beach, F1 33445 Delray Beach, F1 33484 Delray Beach, F1 33484
Martin Simon Gloria Simon Andrew Stelma
6169 Dusenburg Road 6169 Dusenburg Road 2721 SW 13th Street
Delray Beach, F1 33484 Delray Beach, Fi 33484 Bldg 38 Apt 104
Delray Beach, F1 33445
Florence Stelma
2721 SW 13th Street
Bldg 38 Apt 104
Delray Beach, F1 33445
CITY DF DELR#Y BEACH
CITY ATTORNEY'S OFFICE ..4
40 ,~ ~ c,-.,. > Writer's Direct Line: (561) 243-7090
DELRAY BEACH MEMORANDUM
lll.lmrica ¢it¥ DATE: January 29, 1998
1993 FROM: David N. Tolces, Assistant City Attom
SUBJECT: Amendment No. 2 to Purchase and Sale Agreement with William and Claire
Ward
Mr. and Mrs. Ward are in the process of remedying the title defect to their property. This
amendment will permit Mr. and Mrs. Ward to take additional time to see if the neighboring
property owner will remove the sprinklers and fence from the Ward's property. The
contract will be extended to February 17, 1998 if the amendment is approved.
With respect to the title defect, as the attached survey shows, the neighboring property
owner maintains the west 10-12 feet of the Ward's property. Mr. Ward wrote a letter
demanding the removal of sprinlder lines and a fence within the 10 foot strip. It is hoped
that these items will be taken care of prior to closing.
Even if Mr. Ward does have these items removed, the title insurance policy will contain an
exception. When the City purchases the property, the title policy will contain an exception
for any claim brought by the property owner to the west for "adverse possession." In the
event the City was sued over the 10 foot strip, the title company would not be obligated to
provide a defense. The City Attorney's Office would provide the legal defense for any type
of quiet title action.
The presence of the exception would not hinder the City's ability to develop the majority of
the park site. Therefore, the City should go forward with the purchase. Following the
purchase, the City could take measures to secure clear ownership to the 10 foot strip
including the installation of a fence or a quiet title action. In any event, as the strip of land
which could be in dispute will likely not contain any permanent structures, the City can still
get the benefit of using the remainder of the property in the event the neighboring property
owner takes some action.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
Alison MacGregor Harty, City Clerk O0>. /~.
AMENDMENT NO. 2 TO
CONTRACT FOR SALE AND PURCHASE
WILLIAM E. WARD and CLAIRE L. WARD ("Seller"), and CITY OF DELRAY
BEACH ("Buyer") hereby agree on this day of , 1998 to this
Amendment No. 2 to the Contract for Sale and Purchase approved by the City Commission of
the City of De!ray Beach on September 9, 1997.
WHEREAS, the parties hereto previously entered into a Contract for Sale and
Purchase ("Contract") for property described in the Contract and Amendment No. 1 to the
Contract attached hereto as Exhibit "A'; and
WHEREAS, the parties were unable to close by the date specified in Amendment No.
1 due to title defects; and
WHEREAS, the parties anticipate that the title defects can be remedied by February
17, 1998, and intend to extend the contract closing date to February 17, 1998.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein,
the parties hereto agree as follows:
1. That the closing date for the Contract for Sale and Purchase approved by the
City Commission on September 9, 1997 and amended on December 9, 1997 is hereby
extended up to and including February 17, 1998.
2. That all other terms and conditions of the Contract not in conflict herewith shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto sign below on the date written above.
BUYER: SELLER:
City of Delra¥ Beach, Florida
By: y: ,e~~...r
Jay Alperin, Mayor William E. Ward
Claire L. Ward
City Clerk
Approved as to Form:
City Attorney
State of Florida
County of Palm Beach
d/ The foregoing instrument was acknowledged before me this .,~ day of
d.&ey , 1998 by WILLIAM E. WARD, who is personally known to me or--who
/I
(~oduced (type of identification) and who did
(did n°t) take an UlU~22'- __. oE,o,.,, AL*mOUSE-ge- ~~1-'7~
I~ ~ ~ CC$90~22
I-og ~o SEPT ~.~a ~a Sigmmre of No~ ~blic-
Sram of Florida
Sram of Florida
Coun~ of Palm Beach
The foregoing imminent was ac~owledged before me ~s ~ day of
~~ , 1998 by CL~ L. W~, who is personally ~own to me ~
//
//~ (,pc of identification) and who did (did
not) mke an oa~~~~
~~'~;~a~n I Signature of Nora6 ~blic-
~-~ , aa-r ~**~ '~ ~.ate of Florida
w~d-1 .a~
To: David T. Harden, Ci.ty Manager
From: Joseph M. Sa~m~ce Director
Date: January 20, 1998
Subject: 1993 Water/Sewer Bond- Interest Eamings to Project Reserve
We are soon to dose out the 1993 Water/Sewer Revenue Bond Construction Fund. This fund
currently has $12,665.55 in interest earnings that is not allocated to a particular project and there
may be future minimal amounts added to this amount prior to the expenditure of all remaining
amounts. This department requests that all interest eamings be approved by the City Commission
to be transferred to Project Reserve m the Construction Fund.
At this time, all remaining Project Reserve balances m the Construction Fund would be needed to
assist in the funding of the Military Trail utility line relocation project. So, as a second request, we
would ask the City Commission approve the transfer of balances in the Project Reserve account to
the Military Trail Utility Line Relocation project.
Your assistance in providing City Commission approval of these requests would be appreciated.
cc: Maureen Owens, Project Accountant
Richard Hasko, Director of Environmental Services
Agenda Item No.:
AGENDA REQUEST
Date: 01-20-98
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: ~1 ~ / ~
Description of agenda item (who, what, where, how much): Requesting approval to:
1) Transfer interest earnings from the 1993 Water/Sewer Revanue Bond Construction Fund to
the Project Reserve in the Construction Fund.
2) Transfer all Pro~ect Reserve balances in the Cpnstruction, Fund to the Military. Trail
Utility Line Relocation project.
(see attached memo)
ORDINANCE/ RESOLUTION REQUIRED: yES/NO Draft Attached: YES/NO
Recommendation: Director of Finance recommends approval.
Department Head Signature: ~ ~~_/_/ ~, ~-~
Determination of Consistency wit~_.GOmprehensive Plan:
n/a
City Attorney Review/ Recommendation (if applicable):
n/a .
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:~ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
CITY OF I]ELAI:IY BEI:I£H
CITY ATTORNEY'S OFFICE ~°° ~ '~' ^~' ~"~^~""^~", ~°~'~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wrifer's Direct Line: 561/243-7091
DELRAY BEACH
~ t o K I D n
Ali. America City MEMORANDUM
,an ary 9,
993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Greater Delray Chamber of Commerce, Inc. (Chamber) Sublease to
American Investment Properties, Inc. (American)
The City's current lease to the Chamber of Commerce allows, if approved by the City
Commission, the sublease of all or part of the premises.
The Chamber has requested that the City Commission approve the sublease of two rooms
within the facility to American. The sublease, a letter from Bill Wood, and a Consent to
Sublease is enclosed.
By copy of this Consent to Sublease to David Harden, City Manager, our office requests
that the Consent to Sublease be placed on the City Commission agenda for February 3,
Enclosures
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Bill Wood, Chamber of Commerce
sublease.sar
CONSENT TO SUBLEASE
The undersigned, the City of Delray Beach, a Florida municipal corporation, being
the Lessor under that certain agreement dated January 9, 1996 between the City of Delray
Beach, as Lessor, and the Greater Delray Beach Chamber of Commerce, Inc., as Lessee,
does hereby consent and agree to the sublease between Lessee and American Investment
Properties, Inc., for the period described in the sublease as being from January 1, 1998
through December 31, 1998 and any renewals provided for in said sublease.
IN WITNESS WHEREOF, the undersigned has signed this instrument on this
day of , 1998.
ATTEST: LESSOR:
By: CITY OF DELRAY BEACH, FLORIDA
City Clerk
By:
MAYOR
Approved as to legal sufficiency and
form:
By:
City Attorney
The GREATER
DELRAY BEACH
Chamber of Commerce
January 22, 1998
Ms. Susan Ruby
City Attorney
City of Delray Beach
200 NW 1st Ave.
Delray Beach FL 33444
Dear Susan:
Enclosed is the proposed sublease with American Investment Properties, Inc. As you
recall, we requested that, subject to approval of the City Commission, we be allowed to
lease out the two small office rooms in the south end of our building - approximately 435
square feet. Our plans for the new building expansion recognized the we would not
immediately need this space and the income would help offset the additional overhead
costs of the new building.
American Investment Properties, Inc., a chamber member, provides estate planning
services and will make a compatible tenant for this space.
I would appreciate your requesting City Commission approval. Please call If you have any
questions and thank you for all your help.
Sincerely,
c"Cd' W l am ,. Wood _
President i:~ ! i [ .......
DI!I. BAY BEACH
Greater Delray Beach Chamber of Commerce, Inc.
561-278-0424 · Fax 561-278-0555 · chamber@delraybeach.com
Chamber Accredited by United States Chamber of Commerce
GREATER DELRAY BEACH CHAMBER OF COMMERCE
64-A SE Sth Ave.
Deiray Beach FL 33483
BUSINESS SUBLEASE
SUBLEASE made this 1st day of January_ 1998, between Greater Delrny Beach Chamber of
Commerce, Inc., hereinafter referred to, for the purpose of this sublease, as "Lessor", and American
Investment Properties, Inc., hereinafter referred to, for the purpose of this sublease, as "Lessee".
RECITALS
1. For the purpose of this sublease the Greater Delray Beach Chamber of Commerce shall be known
herein as Lessor and the American Investment Properties, Inc. shall be know as Lessee. This
reference is for convenience. The parties recognize that this agreement is a sublease.
2. Lessor desire to sublease the premises to Lessee for the purpose of conducting office business.
3. The parties desire to enter a sublease agreement defining their rights, duties and liabilities relating to
the premises.
4. This sublease agreement is subordinate and subject to the terms and conditions of the Amended and
Restated Lease between the City of Delray Beach and the Lessor, which is attached hereto as Exhibit A.
In consideration of the mutual covenants contained herein, the parties agree as follows.
SECTION ONE
RECITALS
RECITALS. The recitals set forth above are hereby incorporated as if fully set forth heren.
SECTION TWO
PREMISES
PREMISES. Lessor hereby subleases to Lessee and Lessee subleases from Lessor for the term of the rental,
and upon all of the conditions set forth herein, that certain real property situated in the County of Palm Beach,
State of Florida, and more fully described as: the two SE offices (including the non exclusive shared use of the
common rest room, kitchen/lounge and adjacent conference room on a limited and pre-arranged basis) located
at 64 SE 5th Avenue (Suite B), Delray Beach, Florida 33483.
SECTION THREE
TERM AND RENT
TERM. The term of this sublease is one (1) year beginning January 1, 1998 and ending December 31, 1998,
or sooner as provided herein.
RENT. The rent shall be seven thousand eight hundred thirty dollars ($7,830) plus sales tax payable as
follows:
(a) Six Hundred Fifty-two 50/1 00 ($652.50) per month plus sales tax (currently 6% - $39.15)
beginning January 1, 1998; and
(b) Upon signing of the sublease, Lessee is to pay first month plus sales tax ($691.65) and last month
plus sales tax ($691.65) - a total of $1,383.30.
(c) All rental payments to be made payable to the Greater Delray Beach Chamber of Commerce on the
first day of each and every month in advance without demand. A Fifty ($50.00) Dollar late fee will
assessed for any payments received after the 15th day of the month.
(d) The Lessee shall have the option to renew this lease term subject to the following conditions:
1. No default by the Lessee shall exist on the date of the notice of extension or on the date of the
commencement of the extended term.
2. The extended term shall be upon the same conditions applicable during the original term except as
noted herein.
3. The Lessee shall extend the sublease term by giving written notice to the Lessor any time during the
then current term, but not later than two (2) months prior to the expiration of such term, of its intent
to extend this sublease Agreement.
SECTION FOUR
ADDITIONAL RENT
All sales taxes, charges, costs and expenses that Lessee assumes or agrees to pay hereunder, together with all
interest and penalties that may accrue thereon in the event of the failure of the Lessee to pay those items, and
all other damages, costs, expenses, and sums that Lessor may suffer or incur, or that any become due, by
reason of any default of Lessee or failure by Lessee to comply with the terms and conditions of this sublease
shall be deemed to be additional rent, and in the event of nonpayment, Lessor shall have all the rights and
remedies as herein provided for failure to pay rent.
SECTION FIVE
USE OF PREMISES
The premises shall be used and occupied only for lawful purposes. Lessee shall, at its own risk and expense,
obtain all governmental licenses and permits necessary for such use. The premises shall be used for the
business of Family Estate Planning and Services. The nature of Lessees business maY expand into other
business office areas, but so long as the businesses are legal and do not create a nuisance and the Lessor has
given prior written approval for any new businesses, (which consent shall not be unreasonably withheld) the
new businesses are acceptable uses on the subleased premises.
SECTION SIX
REPAIRS AND MAINTENANCE
Lessee hereby accepts the premises in the condition they are in at the beginning of this sublease and agrees to
at all times during the lease at its own cost and expense, repair, replace and maintain in a good, safe and
substantial condition the two offices (Suite B) which are the subject of this lease and shall use all reasonable
precaution to prevent waste, damage or injury to the premises.
SECTION SEVEN
UTILITIES
The Lessor agrees to pay all charges for electricity, water and alarm security (with the exception of false alarms
set off by Lessee). Lessee is responsible for its own telephone.
SECTION EIGHT
TAXES
Lessor shall be responsible for the payment of real estate taxes. Lessee will be responsible for the payment of
sales taxes and personal properly taxes.
SECTION NINE
INSURANCE
Lessor agrees to carry fire and casualty insurance on the real estate and structure, but does not have any
liability for the operation of the Lessee's business or Lessee's property. The Lessee agrees not to do anything
that will increase the Lessor's insurance premiums and, further, agrees to indemnify and h01d the Lessor and
the City of Delray Beach harmless from any liability caused by Lessee's operations, employee's, client's,
agents, and invitees, including court costs and attorneys fees at trials and appeals. Lessee agrees to carry
casgalty insurance on any equipment or fixtures that Lessee installs at the property. In addition, the Lessee
agrees to carry business liability insurance covering Lessee's business operations in the amount of one million
dollars with the Lessor and the City of Delray Beach named as additional insureds and be given notice at least
30 days in advance of any cancellation.
SECTION TEN
SECURITY DEPOSIT AND ADVANCE RENT.
Lessor shall hold the advance rent in a separate interest bearing or non-interest bearing account in a Florida
banking institution for the benefit of Lessee. ffLessor deposits the money in an interest bearing account,
Lessor must pay Lessee interest of at least 75% of the annualized average interest paid by the bank or 5% per
year simple interest, whichever Lessor chooses. Lessor cannot mix such money with any other funds of
Lessor or pledge, mortgage or make any other use of such money until the money is actually due to Lessor.
SECTION ELEVEN
INDEMNITY
Lessee shall indemnify Lessor and the City of Delray Beach (City) and save harmless said Lessor and City
from and against any and all claims, suits, actions, damages, and or causes of action arising during the term of
this lease for any personal injury, loss of life, and or damage to property sustained in or about, the demised
premises, and improvements thereon, or the appurtenances thereto, and from and against all costs, counsel
fees, expenses, and liabilities incurred in and about such claim, investigation thereof, or the defense of any
action, proceeding brought thereon and from and against any orders, judgments, and/or decrees that may be
entered therein.
SECTION TWELVE
DEFAULT OR BREACH
Each of the following events shall constitute a default or breach of this sublease by Lessee:
(1) If Lessee shall file a petition in bankruptcy or insolvency or for reorganization under any bankruptcy
act, or shall voluntarily take advantage of any such act by answer or otherwise, or shall make an
assignment for the benefit of creditors.
(2) If involuntary proceedings under any bankruptcy law or insolvency act shall be instituted against
Lessee, or ifa receiver or trustee shall be appointed or all or substantially ali of the property of Lessee,
and such proceeding shall not be dismissed or the receivership or trusteeship vacated within sixty (60)
days after the institution or appointment.
(3) ffLessee shall fail to pay Lessor any rent or additional rent when the rent shall become due and shall
not make the payment within three (3) days after notice thereof by Lessor to Lessee.
(4) If Lessee shall vacate or abandon the demised premises.
(5) ffthis sublease or the estate of Lessee hereunder shall be transferred to or shall pass to or devolve on
any other person or party, except in the manner herein permitted.
(6) ffLessee fails to take possession of the demised premises on the terms commencement date, or within
five (5) days after notice that the demised premises are available for occupancy, if the term
commencement date is not fixed herein or shall be deferred as herein provided.
(7) If the Lessee fails to perform any covenant contained in this sublease or violates the terms of the lease
between the City and Lessor.
SECTION THIRTEEN
EFFECT OR DEFAULT
In the event of any default hereunder, as set forth in Section Twelve, the rights of Lessor shall be as follows:
(1) Lessor shall have the right to cancel and terminate this sublease, as well as all of the right, title and
interest of Lessee hereunder, by giving to Lessee not less than 3 days' notice of the cancellation and
termination. On expiration of the time fixed in the notice, this sublease and the right, title and interest
of Lessee hereunder, shall terminate in the same manner and with the same force and effect, except as
to Lessee's liability, as if the date fixed on the notice of cancellation and termination were the end of the
term herein originally determined.
(2) Lessor may elect, but shall not be obligated, to make any payment required of Lessee herein or comply
with any agreement, term, or condition required hereby to be performed by Lessee, and Lessor shall
have the right to enter the demised premises for the purpose of correcting or remedying any such
default and to remain until the default has been corrected or remedied but any expenditure for the
correction by Lessor shall not be deemed to waive or release the default of 'lessee or the right of
Lessor to take any action as may be otherwise permissible hereunder in the case of any default.
(3) Lessor may re-enter the premises immediately and remove the property and personnel of Lessee, and
store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee.
After re-entry Lessor may terminate the lease on giving thirty (30) days' written notice of termination of
Lessee. Without the notice, re-entry will not terminate the lease. On termination, Lessor may recover
from Lessee ali damages proximately resulting from the breach, including the cost of recovering the
premises, and the worth of the balance of this lease over the reasonable rental value of the premises for
the remainder of the lease term, which shall be immediately due Lessor from Lessee.
(4) Provided however, Lessor's remedies shall be limited to remedies available pursuant to the laws of
Florida and Lessor shall have all remedies allowed by the laws of Florida.
SECTION FOURTEEN
ASSIGNMENT OR SUBLEASE
The Lessee shall not assign this lease, nor sub-let the premises, or any part thereof nor use the same, or any
part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipulated,
nor make any alterations therein, and all additions thereto, without the written consent of the Lessor, and all
additions, fixtures or improvements which may be made by Lessee, except movable office furniture, shall
become the property of the Lessor and remain upon the premises as a part thereof, and be surrendered with the
premises at the termination of this lease.
SECTION FIFTEEN
FIRE OR OTHER CASUALTY
In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the term
of this sublease whereby the same shall be rendered untenantable, then the Lessor shall have the right to render
said premises tenantable by repairs within ninety (90) days therefrom If said premises are not rendered
tenantable within said time, it shall be option with either party hereto to cancel this sublease and in the event of
such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein
mentioned shall be evidenced by writing.
SECTION SIXTEEN
REMODEL~ ALTER OR DEMOLISH
It is hereby agreed and understood between Lessor and Lessee that in the event the Lessor decides to remodel,
alter or demolish all or any part of the premises subleased hereunder, or in the event of sale or long term lease
of all or any part of the premises, requiring this space, the Lessee hereby agrees to vacate same upon receipt of
sixty (90) days' written notice and the return of any advance rental paid on account of this lease. All personal
property placed or moved in the premises above described shall be at the risk of the Lessee or owner thereof,
and Lessor shall not be liable for any damage to said personal property, or to the Lessee arising from the
bursting of leaking or water pipes, or from any act or negligence of any co-tenant or occupants of the building
or of any other person whomsoever.
SECTION SEVENTEEN
BINDER
This contract shall bind the Lessor and its assigns or successors, and the heirs, assigns, administrators,
legal representatives, executors or successors as the case may be, of the Lessee.
SECTION EIGHTEEN
TIME IS OF THE ESSENCE
It is understood and agreed between the parties hereto that time is of the essence .and this applies to all
terms and conditions contained herein.
SECTION NINETEEN
WRITTEN NOTICE
It is understood and agreed between the parties hereto that written notice mailed or delivered to the premises
leased shall constitute sufficient notice to the Lessee and written notice mailed or delivered to the office of the
Lessor shall constitute sufficient notice to the lessor, to comply with the terms of this contract.
SECTION TWENTY
RIGHT OF LESSOR
The fights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to
exercise promptly any rights given hereunder shall not operate or forfeit any of said rights.
SECTION TWENTY-ONE
CHARGES FOR WORK DONE
It is further understood and agreed between the parties hereto that any charges against the Lessee by the Lessor
for services or for work done on the premises by order of the Lessee or otherwise accruing under this sublease
shall be considered as rent due and shall be included in any lien for rent due and unpaid. Lessee shall not allow
or create a lien against the premises and any work done by Lessee shall not cause a lien against the interest of
Lessor or the City of Delray Beach. Lessee shall notify all contractors that no liens can be filed or created
before work is commenced.
SECTION TWENTY-TWO
SIGNS OR ADVERTISING
It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the
premises leased hereunder shall be subject to approval of the Lessor before installation of same.
SECTION TWENTY-THREE
ENTIRE AGREEMENT
This sublease is subject to the terms of the lease between the City and the Lessor. This sublease constitutes all
agreements between the parties. Except as otherwise provided herein, no change or additions to this lease shall
be binding upon the parties hereto unless in writing and signed by them.
IN WITNESS WHEREOF, the parties hereto have hereunder executed tiffs instrument for the purposes therein
expressed, the day and year first above written.
Greater Delray Beach Chamber of Commerce, Inc., Lessor
By: William J. Wood, President
American Investment Properties, Inc., Lessee
By: William C. Schmidt, Vice President
GUARANTY
William C. Schmidt hereby guaranties complete performance and payment by Lessee. This guaranty is given
as an inducement to Lessor to enter into this lease.
William C. Schmidt
lease~r.d~
CITY OF [IELRIIV BEIIgH
CiTY ATTORNEY'S OFFICE
'TF, ILEp~ONF, 407/2,:1-3-7823 · F^C$Z]V[~[Jg 407/243-7816
POLICE LEGAL ADVISOR
Ali.America City
David Harden, City Manager
1993
FROM: Eric D. Hightower, Police Legal Advisor
DATE: January 16, 1998
SUBJECT: Plaza Delray Substation
Attached for your review and insertion on the Consent Agenda are two copies of
the above-referenced agreement. In sum, the lease will allow the Department to
establish a substation in Plaza Delray thus enhancing law enforcement efforts in
the southern end of Delray Beach.
The cost to the City in establishing this station will be minimal as the Lessor will
incur all costs for setting the office up as a substation. Further, rent will only be
$1.00 a month. Sections 20(A) and 23 will insure that the City will maintain its
liability protection under Section 768.28.
It is urged by the Police Department that this lease be adopted. Having a
substation in this area will allow more flexibility in our law enforcement efforts
and enhance our efforts in the area of community policing.
If the Commission approves the lease, please have both copies executed and
forward both copies to David Tolces. David will then forward both copies for the
Lessor's execution and insure that one final copy will be forwarded to the City
Clerk for filing.
Feel free to contact me if I can be of further assistance in this matter.
EDH:lbg
c: Chief Richard Overman
Susan Ruby, City Attorney
Capt. Ralph Phillips
David Tolces, Asst. City Attorney ~' (~'
Pr/nted on Recycled Paper
COMMERCIAL LEASE
Office Space
BY THIS AGREEMENT made and entered into on ,
1997 between ST. STEPHEN LIMITED PARTNERSHIP., a Florida Partnership
whose address is 1558 South Federal Hi.qhwa¥ herein referred to as Lessor, and
the CITY OF DELRAY BEACH, a Florida Municipal Corporation whose address
is 300 West Atlantic Avenue, Delray Beach, Florida, herein referred to as
Lessee. Lessor leases to Lessee the premises situated at the Plaza at Delray
(formerly the Delray Mall) and more particularly described as follows: 15;58
South Federal Highway in the City of Delray Beach, County of Palm Beach,
State of Florida together with all appurtenances, for a term of
1. Rent. Lessee agrees to pay, without demand, to Lessor as
rent for demised premises the sum of One Dollar ($1.00) per month in advance
on the first day of each calendar month beginning 1 1997.
2. Quiet Enjoyment. Lessor covenants that on paying the rent
and performing the covenants herein contained, Lessee shall peacefully and
quietly have, hold, and enjoy the demised premises for the agreed term.
3. Use of Premises. The demised premises shall be used and
occupied by Lessee exclusively as a police substation, and neither the premises
nor any part thereof shall be used at any time during the term of this lease by
Lessee for the purpose of carrying on any business, profession, or trade of any
kind, of for any purpose other than as a police substation. Lessee shall comply
with all the sanitary laws, ordinances, rules, and orders of appropriate
governmental authorities affecting the cleanliness, occupancy, and preservation
of the demised premises, and the sidewalks connected thereto, during the term
of this lease.
4 Condition of Premises. Lessee stipulates that he/she has
examined the demised premises, including the grounds and all buildings and
improvements, and that they are, at the time of this lease, in good order, repair,
and a safe, clean, and tenantable condition.
5. Assignment and Subletting., Lessee shall not assign this
lease, or sublet or grant any concession or license to use the premises or any
part thereof. A consent by Lessor to one assignment, subletting, concession, or
license shall not be deemed to be a consent to any subsequent assignment,
subletting, concession, or license. An assignment, subletting, concession, or
license without the prior written consent of Lessor, or an assignment or
subletting by operation of law, shall be void and shall, at Lessor's option,
terminate this lease without the prior written consent of Lessor which consent
may be withheld at Lessor's sole and absolute discretion.
6. Alterations and Improvements. Lessee shall make no
alteration to the buildings on the demised premises or construct any building or
make other improvements on the demised premises without the prior written
consent of the Lessor. All alterations, changes, and improvements built,
constructed, or placed on the demised premises by Lessee, with the exception of
fixtures removable without damage to the premises and movable personal
property, shall, unless otherwise provided by written agreement between Lessor
and Lessee, be the property of Lessor and remain on the demised premises at
the expiration or sooner termination of this lease.
7. Damage to Premises. If the demised premises, or any part
thereof, shall be partially damaged by fire or other casualty not due to Lessee's
negligence or willful act or that of his employee, family, agent, or visitor, the
premises shall be promptly repaired by Lessor but only after the receipt of all
insurance proceeds needed to rebuild demised premises, and there shall be an
abatement of rent corresponding with the time during which, and the extent to
which, the leased premises may have been untenable; but, if the leased
premises should be damaged other than by Lessee's negligence or willful act or
that of its employee, family, agent or visitor to the extent that Lessor shall decide
not to rebuild or repair, the term of this lease shall end and the rent shall be
prorated up to the time of the damage.
8. Dangerous Materials. Lessee shall not keep nor have on
the leased premises any article or thing of a dangerous, inflammable, or
explosive character that might unreasonably increase the danger of fire on the
leased premises or that might be consider hazardous or extra hazardous by any
responsible insurance company.
9. Utilities. Lessee shall be responsible for arranging for and
paying for all utility services required on the premises.
10. Maintenance and Repair. Lessee will, at its sole expense,
keep and maintain the leased premises and appurtenances in good and sanitary
condition and repair during the term of this lease and any renewal thereof. In
particular, Lessee shall keep the fixtures in good order and repair; keep the
walks free from dirt and debris; and at his sole expense, shall make all required
repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures
whenever damage thereto shall have resulted from Lessee's misuse, waste, or
neglect or that of its employee, family, agent, or visitor. Maintenance and repair
of the common areas, roof and building structure only, not due to Lessee's
misuse, waste, or neglect or that of his employee, family, agent, or visitor shall
be responsibility of Lessor or his assigns. Tenant shall be responsible for all
repairs and maintenance including routine monthly maintenance, of the HVAC
system servicing the demised premises.
11. Animals, Lessee shall keep no domestic or other animals
on or about the leased premises without the written consent of Lessor which
shall be at Lessor's sole and absolute discretion.
12. Right of Inspection. Lessor and his agents shall have the
right at all reasonable times during the term of this lease and any renewal
thereof to enter the demised premises for the purpose of inspecting the premises
in all buildings and improvements thereon; however, in the event of an
emergency, Landlord shall have the right at any time, to enter and perform the
appropriate work on the demised premises without being liable for trespassing
and without being held liable for any damages resulting therefrom as a result.
13. Display of Signs. During the last 30 days of this lease,
Lessor or his agent shall have the privilege of displaying the usual "For Sale" or
"For Rent" or "Vacancy" signs on the demised premises and of showing the
property to prospective purchasers or tenants. Lessee shall be allowed to
display a fascia sign identifying the unit as a Police Sub-station during the period
of the lease.
14. Subordination of Lease. This lease and Lessee's
leasehold interest hereunder are and shall be subject, subordinate, and inferior
to any liens or encumbrances now or hereafter placed on the demised premises
by Lessor, all advances made under any such liens or encumbrances, the
interest payable on any such liens or encumbrances, and any and all renewa!s
or extensions of such liens or encumbrances.
15. Holdover by Lessee. Should Lessee remain in possession
of the demised premises with the consent of Lessor after the natural expiration
of this lease, a new month-to-month tenancy shall be created between Lessor
and Lessee which shall be subject to all the terms and conditions hereof but
shall be terminated on thirty (30) days written notice served by either Lessor or
Lessee on the other party.
16. Surrender of Premises. At the expiration of the lease term,
Lessee shall quit and surrender the premises hereby demised in as good state
and condition as they were at the commencement of this lease, reasonable use
and wear thereof and damages by the elements excepted.
17. Default. If any default is made in the payment of rent, or
any part thereof, at the times hereinbefore specified, or if any default is made in
the performance or of compliance with any other term or condition hereof, the
lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may
re-enter the premises and remove all persons therefrom. Lessee shall be given
written notice of any default or breach, and termination in forfeiture of the lease,
shall not result if, within thirty (30) days of receipt of such notice, Lessee has
corrected the default or breach or has taken action reasonably likely to effect
such correction within a reasonable time. Likewise, if any default is made in the
performance of or compliance with any other term or condition hereof, the ~ease
at the option of Lessee, shall terminate and be forfeited, and Lessee may vacate
the premises and remove all persons and personal property therefrom. Lessor
shall be given written notice of any default or breach, and termination in
forfeiture of the lease, shall not result if within thirty (30) days of receipt of such
notice, Lessor has corrected the default or breach or has taken action
reasonably likely to effect such correction within a reasonable time.
18. Abandonment. If at any time during the term of this
lease Lessee abandons the demised premises or any part thereof for a period of
thirty (30) days or more, Lessor may, at his option, enter the demised premises
by any means without being liable for any prosecution therefor, and without
becoming liable to Lessee for damages or for any payment of any kind whatever,
and may, at his discretion, as agent for Lessee, relet the demised premises, or
any part thereof, for the whole or any part of the then unexpired term, and may
receive and collect all rent payable by virtue of such reletting, and, at Lessor's
option, hold Lessee liable for any difference between the rent that would have
been payable under this lease during the balance of the unexpired term, if this
lease had continued in force, and the net rent for such period realized by Lessor
by means of such reletting. If Lessor's right of re-entry is exercised following
abandonment of the premises by Lessee, then Lessor may consider any
personal property belonging to Lessee and left on the premises to also have
been abandoned, in which case Lessor may dispose of all such personal
property in any manner Lessor shall deem proper and is hereby relieved of all
liability for doing so.
19. Binding Effect. The covenants and conditions herein
contained shall apply to and bind the heirs, legal representatives, and assigns of
the parties hereto, and all covenants are to be construed as conditions of this
lease.
20. Other Terms:
A. Sovereign Immunity. Nothing herein shall be shall
be deemed a wavier of the city's sovereign immunity as set forth in Florida
Statute 768.28.
B. Repairs Prior to Enter. Lessor, at its sole cost and
expense, shall improve the premises as described in Exhibit "A" attached hereto.
All other improvements necessary for Tenant's use of the premises, shall be
provided by Tenant, at Tenant's sole cost and expense. Tenant shall provide
plans and specifications for any such improvements. Landlord shall have fifteen
(15) days within which to review and approve such plans. Landlord's consent
and approval shall not be unreasonably withheld delayed or conditioned.
C. Lease Termination. Either party may terminate this
lease without cause on 30 days notice, in writing, to the other party beginning on
June 1, 1998.
The Lessor may terminate this lease without cause
on thirty (30) days notice, in writing, to the Lessee. However, if this termination
is commenced within the first year of the Lessee taking occupancy, the Lessor
shall reimburse the Lessee eighty percent (80%) of the total amount charged for
the refurbishing of the leased office. If this termination is commenced the
second (2nd) year of the Lessee taking occupancy, the Lessor shall reimburse
the Lessee sixty percent (60%) of the total amount charged for the refurbishing
the leased office. If this termination is commenced in the third (3rd) year of the
Lessee taking occupancy, the Lessor shall reimburse the Lessee forty percent
(40%) of the total amount charged for the refurbishing of leased office. If this
termination is commenced in the fourth (4th) year of the Lessee taking
occupancy, the Lessor shall reimburse the Lessee twenty percent (20%) of the
total amount.
21. Negative Covenants Of Lessee. Lessee agrees that it will
not do any of the following without the express, specific prior consent in writing
of the Lessor.
Lessee shall have no power to subject the interest of the
Lessor in the premises or all or any portion of the shopping center to mechanic's
or materialman's liens of any kind. The existence of any such lien shall be a
material breach of this lease. All contracts for work at the shopping center must
contain a waiver of lien by the Lessee's contractor against the shopping center
property. All persons performing work, labor, or materials at the shopping center
or the premises shall look solely to the interest of Lessee and not to that of the
Lessor for compensation of any kind. To the extent permitted by law, Lessee
shall indemnify Lessor for any legal fees and court costs in connection with
Lessee's obligations as set forth in this section. Lessee shall have the
obligation to promptly discharge, transfer or bond any lien filed against the
premises, within ten (10) days from the filing thereof and if Lessee fails to fulfill
this obligation, Lessee shall pay a service charge to Lessor of twenty five
percent (25%) of Lessor's costs of removing the liens.
Lessee shall not install shades, blinds, curtains or any other
type of window covering without Landlord's prior written consent, which may be
arbitrarily withheld.
22. Signs. Except as stated in this agreement, Lessee shall not
exhibit, inscribe, paint, or affix any sign, advertisement, notice or other lettering
on any part of the outside of the demised premises or of the building or the
Shopping Center of which the demised premises is a part, or inside the demised
premises if visible from the outside without first obtaining Lessor's prior, specific
written consent, which consent thereof may be arbitrarily withheld by Lessor in
its sole and absolute discretion; and Lessee further agrees to maintain each and
every such sign, lettering and the like as may be approved by Lessor in good
condition, working order, and repair at all times. There is attached to this Lease
an instrument entitled "Sign Criteria," and Lessee agrees that Lessee's sign(s)
shall comply with the contents of such "Sign Criteria" as it may be amended or
changed from time to time. Lessee shall, in respect of all such signs, lettering,
and the like, submit in writing to Lessor for its approval the name of the person,
firm or entity proposed by Lessee to contract with Lessee for the manufacturer
and installation of the same. Lessee agrees 'that it will have such a sign
prepared and installed at Lessee's sole cost and expense. Lessee further
agrees that Lessee will cause an undercanopy sign to be prepared and installed
at its sole cost and expense as per specification and criteria to be supplied by
Lessor. Any sign, awning, canopy, advertising matter or decoration of any kind,
erected or placed by Lessor on the outside of the demised premises or on or in
any doors or windows or the demised premises, without Lessor's specific written
consent, shall constitute a default under this Lease and may be removed by
Lessor without notice and without liability, and any expenses incurred by Lessor
in such removal shall be charged to and paid by Lessee upon demand and shall
be considered Additional Rent.
23. Indemnification, General Liability Insurance And Other
Insurance. To the extent permitted by law, Lessee shall and hereby does
indemnify and defend Lessor and save it harmless from and against any and all
claims, causes of action, damages, liability and expense including, without
limitation, attorneys' fees and costs at all trial and appellate levels in connection
with any and all loss of life, personal injury and damage to property occurring in
or about, or arising out of or relating to, directly or indirectly in any manner
whatsoever, the demised premises, adjacent sidewalks and loading platforms or
areas, and the common facilities at the Shopping Center or occasioned wholly or
in part by any act or omission of Lessor, its agents, contractors customers,
invitees, principals, directors, officers, or employees, or results from the breach
of any of Lessee's obligations under this lease except for claims, cause of
actions and damages arising out of Lessor's own negligence and/or malicious,
willful or wanton acts.
24. Financing Agreement. Lessee agrees not to enter into,
execute or deliver any financing or security agreement that can be considered
as a priority to any mortgage given by Lessor or its successors and, in the event
Lessee does so execute or deliver such financing or security'agreement, such
action on the part of the Lessee shall be considered a breach of the terms and
conditions of this Lease and a default by Lessee entitling Lessor to such
remedies as are provided for herein.
25. Lessor's Liability. Notwithstanding any provision
contained in this Lease or else now or hereafter to the contrary, Lessee agrees
and acknowledges that there shall be no personal liability on Lessor and Lessee
shall look solely and only to Lessor's interest in the leasehold (or subleasehold,
if applicable) estate in the event of any default or breach by Lessor with respect
to any of the terms, convenants, conditions or provisions of this Lease on the
part of the Lessee to be performed or observed; and no other assets whatsoever
of Lessor shall be subject to liability, levy, execution, or other judicial process or
award for the satisfaction of Lessee's claim(s) of any kind or sort whatsoever.
26. Notices. Any notice, consent or other instrument required
or permitted to be given under this Lease shall be in writing and shall be
delivered in person, or sent by certified mail, return receipt requested, or
overnight courier, postage prepaid, addressed (a) if to Lessor, at the address set
forth on the face page; and (b) if to the Lessee, at the demised premises or,
prior to Lessee's occupancy of the demised premises, at the address set forth on
the face page. Any such notice of other instruments shall be deemed to have
been given and received on the day upon which personal delivery is made or, if
mailed, then forty-eight (48) hours following the date of mailing. Either party
may give notice to the other of any change of address and after the giving of
such notice, the address therein specified is deemed to be the address of such
party for the giving of notices. If postal service is interrupted or substantially
delayed, all notices or other instruments shall be delivered in person or by a
recognized overnight mail service.
27. Force Majeure. Lessor or Lessee, as the case may be,
shall be excused for the period of any delay in the performance of any
obligations hereunder when prevented from so doing by cause or causes
beyond said party's absolute control which shall include, without limitation, all
labor disputes, civil commotion, civil disorder, riot, civil disturbance, war, war-like
operations, invasion, rebellion, hostilities, military or usurped power, sabotage,
governmental regulations, orders, moratoriums, or controls, fire or other
casualty, inability to obtain any materials, services or financing or through Acts
of God.
7
28. Recording: Neither the Lessee nor anyone claiming under
the Lessee shall record this Lease or any memorandum hereof in any public
records without the prior written consent of the Lessor.
29. Governing LawNenue. This Lease shall be construed in
accordance with and governed by the laws of the State of Florida and all other
applicable laws and governing authorities with jurisdiction over the area
encompassing the Shopping Center, and venue for all actions shall be in Palm
Beach County, Florida, or such other venue as may be specified by Lessor.
30. Radon Gas. This clause does not represent a part of the
agreement between Lessee and Lessor but is included in this Lease for the sole
purpose of complying with Section 404.056 of Florida Statutes which requires
that any lease agreement for any building contain the following notification:
'RADON GAS: Radon is a naturally occurring
radioactive gas that, when it has accumulated in a
building is 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.
IN WITNESS WHEREOF, the parties have executed this lease at
City of Delray Beach, Florida, day and year first above written.
ST. STEPHEN LIMITED PARTNERSHIP
by Lef/Delray Mall LTD., General
Partner, by Lef/Delray Mall Inc.,
its General Partner, a Florida Corporation
By:
Print Name: (CORPORATE SEAL)
STATE OF FLORIDA
COUNTY Of
The foregoing instrument was acknowledged before me this ~ day of
, 1997 by , (name of officer or agent, title
of officer or agent) of ST. STEPHEN LIMITED PARTNERSHIP, a FLORIDA
(state or place of incorporation) partnership, on behalf of the partnership.
Signature of Notary Public -
State of
Print, Type or Stamp Name of
Notary Public
By:
City of Delray Beach, Florida
Mayor Jay Alperin
ATTEST:
City Clerk
Approved as to form and
Legal Sufficiency:
Distrct3.doc/(Delray Plaza)doc/agreemen/substlea
01/98
9
The Plaza at Delray
Proposed Police Substation
1. Install Storefront doors and frame (Er. 3'x 6'8") in existing metal partition.
Demo and patch as required to receive new doors.
2. Replaces existing Hollow Metal Doors with new (utilize existing mall
stock). Infill interior with metal studs/Drywall at door frame.
3. Remove existing 2x4 ceiling tile and replace with new acoustical tile
(utilizing existing mall stock).
4. Existing masonry wall - install 7/8" metal studs with 1/2" drywall over
block.
5. 8' high by 7'4" opening - infill with metal studs and drywall.
6. Existing metal stud wall - patch and skim as required to receive paint.
7. 3-5/8" metal stud partition to ceiling (11'-9") with GWB each side @
bathroom with new door and frame (door/frame/hardware from existing
mall stock) Provide new acoustical ceiling grid and tile in bathroom @ 8'-
8. 12" chase wall for plumbing.
9. Paint new and existing walls wi2 coats flat paint.
10. Flooring - Main area to received carpeting (from existing mall stock).
Bathroom to receive VCT with Base.
11. Install three (3) phone lines.
PLUMBINGIHVAC
1. Relocate existing HVAC unit (Located in adjacent storage area) to above
ceiling @ bathroom. Provide supply/return @ opposite walls of bathroom.
2. Provide underground plumbing for sink and water closet (fixtures from
existing mall stock). Existing underground located approximately 8' from
bathroom (due south).
3. Provide water service for bathroom utilizing existing service located
approximately 20' away.
*HVAC unit assured to be in good working condition.
ELECTRICAL
1. Existing lighting in main area to be removed. Install 14 ea. - 2x4 light
fixtures in ceiling grid (spaced equally). . Install 1 ea. - 2x4 light fixture in
bathroom (utilize fixtures from existing stock).
2. Provide electrical service for relocated HVAC unit.
3. Provide a minimum of 4 duplex outlets on existing walls.
EXHIBIT "A"
[lTV I)F [IELRII¥ BEIIgH
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 - FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
Ali,America City
TO: David Harden, City Manager
1993
FROM: Eric D. Hightower, Police Legal Advisor
DATE: January 23, 1998
SUBJECT: Canine Sale/Hold Harmless Agreement
Attached for your review and placement on the Consent Agenda are two copies
of the above referenced agreement. In sum, the agreement authorizes the sale
of "Storm" to Harold & Marilyn Dorfman for $1.00. The Dorfmans will further
indemnify the City for any damage caused by the canine after the sade. The City
will not have any increased liability exposure due to this sale.
This sale has been reviewed by the Department and the Department endorses
the sale "as is" since the Department will be acquiring two new canines who will
be cross-trained in tracking and narcotics detection. Further, the canine is
suffering from several physical ailments which makes use of the canine for
police work impractical.
If this agreement meets your approval, please have the Commission execute
both copies and forward both copies to me. I will then have the Dorfmans
execute both copies and forward a fully executed copy to the City Clerk for their
records.
Feel free to contact me if you have any questions regarding this agreement.
EDH:Ibg ~ ~
c: Richard G. Overman, Chief of Police
Susan Ruby, City Attorney
Pnnted on Recycled Paper
K-9 SALE AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into between the City of Delray Beach
(hereinafter referred to as "CITY") and HAROLD and MARILYN DORFMAN
(hereinafter referred to as "DORFMAN") witnesseth that:
WHEREAS, the City, through its Police Department is desirous of retiring
and selling an animal currently being utilized in the City's K-9 program, said
animal being identified as follows: "Storm" Labrador Retriever (hereinafter
referred to as "Canine"); and,
WHEREAS, DORFMAN, of 5220 Tim Court, West Palm Beach, Florida,
33406 is desirous of purchasing, keeping, training, and assuming full
responsibility for the Canine as a pet at his place of residence or other
appropriate kennel facility.
NOW, THEREFORE, for the mutual consideration, covenants, and
matters set forth herein, as of the date set forth below, the parties hereto do
hereby agree as follows:
1. The City does hereby sell canine to DORFMAN on an "as is"
condition for One Dollars ($1.00) and other good and valuable consideration
2. DORFMAN shall henceforth be solely and completely responsible
for said Canine, including but not limited to, providing for the care and
maintenance (including all regular and extraordinary veterinary expenses) for
the remainder of the Canine's life.
3. DORFMAN shall defend, indemnify and hold harmless the City, its
agents, officers, officials and employees from any and all claims, suit, causes of
action or any claim whatsoever made arising from property damage and/or
personal, bodily or mental injury to a human or animal caused or allegedly
causedby the actions of said Canine as a result of or following the date of this
Agreement.
4. In any action brought to enforce any provision of this Agreement,
the prevailing party shall be entitled to the relief sought plus all costs incurred
and reasonable attorneys fees.
5. The Owner, by signing below, affirms that he has read and
understands this Agreement and that he has been given the opportunity to have
the attorney of his choice review this Agreement.
THIS AGREEMENT made and entered into on this day of
,1998.
BY
HAROLD DORFMAN, Owner MARILYN DORFMAN, Owner
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
..... 1998 by ....... who is personally known to me
or who has produced (type of identification) as
identification and who did (did not) take an oath.
Signature of Notary Public -
State of
By:
City of Delray Beach
Mayor Jay Alperin
AFl'EST:
City Clerk
Approved as to form:
City Attorney
KgSTORM ./DOCS/AGREEMT
LAO. 12/97
2
[ITY OF DELRRY BEII[H
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 ° FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
Ali.America City
® TO' David Harden, City Manager
1993
FROM: Eric D. Hightower, Police Legal Advisor
DATE: January 23, 1998
SUBJECT: Revised NOlO/FCIC User Agreement
Attached for your review and insertion in the Consent Agenda are two copies of
the above-referenced agreement. The reason for the second execution is that
there were phrases and clauses in the last agreement that were not approved by
F.D.L.E.'s General Counsel, but were included by their Administration by
mistake. After careful review by counsel for both sides, this agreement is
acceptable to both sides. No major changes have occurred to this copy of the
agreement that varies from the previous agreement.
Please review the agreement and if you find it acceptable, please have the
Commission execute both copies and forward them to David Tolces for
transmission to F.D.L.E. for their execution. Once this has been done, a fully
executed copy will be filed with the City Clerk.
EDH:Ibg /~, /,
c: Chief Overman
Susan Ruby, City Attorney
David Tolces, Asst. City Attorney
Alison MacGregor Harry
Prmled on Recycled Paper g' ..~ ~'
USER AGREEMENT
This agreement, entered into between the Florida Department of Law Enforcement
(hereinafter referred to as FDLE), an agency of the state of Florida with headquarters at
2331 Phillips Road, Tallahassee, Florida and the Delra¥ Beach Police Department,
by and through the city of Delray Beach, Florida, with headquarters at 300 West
.Atla0tic Avenue, Delray Beach, Florida , (hereinafter referred to as the User),
witnesseth that:
This User agreement is designed for use with all Florida criminal justice agencies. If
your agency does not perform a specific function, the provisions regarding that function
will not apply to your agency.
1) FDLE is an agency of the state of Florida authorized by law to establish and
operate the Florida Crime Information Center (hereinafter FCIC), and to participate in
similar multistate and federal systems for the exchange of information relating to crimes,
criminals and criminal activity.
2) Information obtained from the FCIC files, or obtained through computer interfaces
to other state or federal systems, by means of access granted pursuant to Section
943.0525, F.S., can only be used for criminal justice purposes. The information
available in this way through the services of FCIC is restricted to law enforcement and
other criminal justice agencies for official use only. Information retrieved from the FCIC
by direct access is not to be made available under provisions of the public records law
(Chapter 119 F.S.). Compliance with Chapter 119, F.S., is accomplished by directing
record requests to FDLE per Chapter 11C-6, F.A.C., and section 943.053(3), F.S. It is
the responsibility of the authorized agency to insure that access to the FCIC/NCIC
network is for authorized criminal justice purposes only, and to regulate proper use of
the network and information at all times.
3) FDLE participates in the National Crime Information Center (hereinafter NClC) of
the United States Department of Justice and in the National Law Enforcement
Telecommunication System (hereinafter NLETS), serving as Florida's control agency for
the interstate transmission of criminal justice information to and from agencies in Florida
and agencies in the continental United States, Alaska, Hawaii, Canada and Puerto Rico.
4) The User requires access to intrastate and interstate criminal justice information
systems in order to effectively discharge its public duties.
5) As this agreement applies to networked workstation software and exchange of
criminal history information, FDLE is willing to allow local law enforcement and other
criminal justice agencies wishing to participate in the FCIC telecommunications system
to do so, provided that the User agrees to abide by applicable federal and state laws, as
long as FDLE retains full control over the management and operation of the FCIC, and
provided that the User has requested access to FCIC, NCIC and NLETS by becoming a
part of the FCIC system.
SECTION I FCIC USER WORKSTATION CONDITIONS
Now therefore, in light of the foregoing representations and the promises, conditions
and other valuable consideration more fully set out or incorporated herein by reference,
FDLE and User, by its duly authorized officials, agrees:
1) To furnish the User, a criminal justice agency, with such criminal justice information
as is available in the FCIC files, and to serve as the means of exchange of
computerized administrative messages between the User and other criminal justice
agencies on the FCIC telecommunications network. In addition, FDLE agrees to serve
as the state control terminal for the interchange of information between NCIC, NLETS
and the User.
2) To provide access to the User agency. FDLE will not be responsible in any regard
for the workstation acquisition, maintenance, operation, repair, supplies or workstation ,
operation personnel costs.
3) To schedule and provide Basic FCIC training for workstation operators and other
personnel at locations and times arranged by FDLE training staff. Only those
workstation operators who have successfully completed such training to the
acknowledged satisfaction of the FCIC instructor and who have been so certified shall
be allowed to have access to the FCIC system. Those persons who are in their initial
six months of assignment to workstation operator duties are permitted supervised
access to the FCIC for training purposes. Within this initial six month period, the
operator should be trained in-house and become certified by the FDLE training staff.
4) Should User desire to relocate the workstation, the User shall provide FDLE/FCIC
90 days written notice. All costs associated with the relocation of the workstation
equipment and the data circuits(s), including delays in work order dates, will be borne
by User unless FDLE has funding to make changes without charge. The repair and
cost of any damages resulting from such relocation will be the User's responsibility.
5) To allow only law enforcement and other criminal justice agency personnel who
have been properly screened to have access to information contained within the
FCIC/NCIC system or other state criminal justice information system files.
6) Should the workstation malfunction or become inoperable, FDLE/FCIC will be
notified immediately. All costs associated with returning the workstation to operation,
other than network costs, will be the User's responsibility. FCIC will execute trouble
shooting procedures.
7) To maintain records of certified workstation operators and require employee
attendance at training classes provided. User agrees to remove from FCIC access any
employee who fails to achieve required certification standards.
8) To operate the workstation during its regular working hours. User agencies that do
not maintain a 24-hour, seven day a week operation will not be allowed to make entries
into the FCIC/NCIC wanted files.
9) To provide assistance to other law enforcement or criminal justice agencies not
equipped with an FCIC workstation in keeping with FDLE/FCIC standards, but only to
the extent that such assistance is not otherwise prohibited.
10) To send only law enforcement and other criminal justice messages over and
through the FCIC network. All messages will be treated as privileged unless otherwise
indicated. However, information classified under pertinent federal laws and instructions
will not be transmitted.
11) To operate the workstation and otherwise conduct itself in strict compliance with
aPplicable FCIC, NCIC and NLETS policies including, but not limited to, policies,
practices and procedures relating to:
A) Confirmation and entry of information for conversion.
B) Validation and certification.
C) Daily accounting for positive responses to inquiries.
D) Cancellation of entries.
E) Interagency notification and confirmation of positive responses to inquiries.
F) Prudent use of statewide regional transmissions.
G) Use of plain text in message traffic.
All policies, procedures and operating instructions presently contained in current NCIC
and NLETS documents and the FCIC Ope.rating Manual and technical memoranda,
published by FDLE, are hereby incorporated into and made a part of this agreement,
except to the extent that they are inconsistent herewith or legally superseded by higher
authority.
12) Take necessary measures to make the workstation secure and prevent any
unauthorized use. Federal regulation 28 C.F.R. Section 20.21(f) demands that the User
accept and have authority to execute, monitor, and enforce security policy without
interference (i.e., be delegated management control over the terminal and departmental
employees having access to it). FDLE/FCIC reserves the right to object to equipment
(workstation) location, security measures, qualifications and number of personnel who
will be accessing FCIC and to suspend or withhold service until such matters are
corrected to its reasonable satisfaction. FDLE/FCIC further reserves the right to
conduct inspections concerning the proper use and security of the workstation facility.
Such inspections may be accompanied by personnel of the User.
13) User understands that the FDLE/FCIC, its officers, and employees shall not be
liable in any claim, demand, action, suit, or proceeding, including, but not limited to, any
suit in law or in equity, for damages by reason of, or arising out of, any false arrest or
imprisonment or for any loss, cost, expense or damages resulting from or arising out of
the acts, omissions, or detrimental reliance of the personnel of the User in entering,
removing, or relying upon information in the FCIC/NCIC/NLETS information systems.
SECTION II WORKSTATION SOFTWARE LICENSE
The FCIC II Workstation Software program is licensed to FDLE by Datamaxx Applied
Technologies, Inc., for use only under the terms set forth herein. By installing the
software package and/or by using the software, the User agrees to be bound by the
terms of this license as set forth in this Agreement.
1) The FCIC II Workstation Software License permits the User to use one copy of the
specified version of the FCIC II Workstation Software product, which may include User
documentation provided in "on-line" or electronic form ("SOFTWARE"). The
SOFTWARE is licensed as a single product. Its component parts may not be separated
for use on more than one computer or by more than one User at any time. If the User
has received written permission from FDLE for multiple copies of the SQFTWARE, then
at anytime the User may have as many copies of the SOFTWARE in use as specified in
such written permission. The SOFTWARE is "in use" on a computer when it is loaded
into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g.,
hard disk, CD-ROM, or other storage device) of that computer.
2) FDLE agrees to provide updates to the FCIC II Workstation Software as necessary
to support all functions of NCIC 2000, NLETS, and other related computerized systems
interfaced to FCIC. When the SOFTWARE is an upgrade from an FDLE product, the
User may use that upgraded product only in accordance with this Agreement.
3) The SOFTWARE (including any images, video, audio, and text incorporated into
the SOFTWARE) is owned by Datamaxx Applied Technologies, Inc., and is protected
by the United States copyright laws and international treaty provisions. Therefore, the
User must treat the SOFTWARE like any other copyrighted material, except that under
the terms of FDLE's License, the User may either (a) make one copy of the
SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a
single hard disk provided the User keeps the original solely for backup or archival
purposes. However, the User may copy the printed materials accompanying the
SOFTWARE and may print copies of any User documentation provided in "on-line" or
electronic form, upon the condition that such copies will be used for criminal justice
purposes only.
4) The Agreement is proof of authorization to exercise the rights granted herein and
must be retained. The User may not reverse engineer, decompile, or disassemble the
SOFTWARE, except to the extent the foregoing restriction is expressly prohibited by
applicable law.
The User agrees that FCIC II Workstation Software will run at the highest and foremost
priority of any application that is supported by the FCIC workstation. In any situation in
which the User experiences problems relating to FCIC access that appear to be related
to the fact that other applications beside FCIC are running on the workstation, the User
agrees to abort these applications and remove them from the FCIC workstation until
such time that the FCIC II Workstation Software can be reloaded and the FCIC
application restored to full service. In this situation the User agrees to not reload these
applications onto the workstation until there has been a review done of the application ..
requirements, and certification obtained that sufficient resources are available in the
workstation to appropriately run these programs without interference with or impairment
of the FCIC application.
The User also agrees to run a virus checking program on the personal computers where
the Workstation Software is loaded.
5) To the maximum extent permitted by law, User agrees that FDLE shall not be
liable for any damages whatsoever arising out of or related to the use or inability to use :
this Workstation Software product, even if FDLE has been advised of the possibility of
such damages. This Agreement does not constitute a waiver of any defense or
immunity lawfully available to FDLE.
SECTION II! EXCHANGE OF CRIMINAL HISTORY
RECORD INFORMATION
FDLE is an agency of the State of Florida, established by law (Section 20.201 and
Chapter 943, F.S.) and invested with power and authority to establish intrastate systems
of fingerprint analysis and identification (Subsection 943.05(2), F.S.) and intrastate
systems of communication of vital statistics and information relating to crimes, criminals
and criminal activity (Subsection 943.05(2), F.S.);
FDLE has received criminal justice information systems funding from the United States
Department of Justice and is subject to and must, therefore, demand that the intrastate
Users of its criminal history record services likewise adhere to federal regulations
relating to the collection, handling and dissemination of state criminal history record
information derived therefrom (Chapter 11C, F.A.C.; 28 C.F.R. Subpart 20B);
FDLE is authorized by law (Subsection 943.03(5), F.S. and Section 943.05, F.S.) to
enter into agreements and become part of federal and intrastate systems for the
collection and exchange of criminal history records and other information relating to
crimes, criminals and criminal activity,
FDLE is a participant in the National Crime Information Center (NCIC) of the Federal
Bureau of Investigation, United States Department of Justice, and exchanges criminal
history record information with the Federal Bureau of Investigation pursuant to the
above state statutes and subject to federal regulations (28 C.F.R. Subpart 20C) and
laws (Title II, Sec. 201 of Public Law 92-544, 86 Stat. 1115; 28 U.S.C. 534). As such,
FDLE must enforce and demand that its User agencies comply with pertinent federal
provisions relating to the collection, use, and dissemination of records and record
information derived from the systems of the United States Department of Justice;
User is a duly authorized law enforcement or criminal justice agency within the State of
Florida and desires the services of FDLE in order to carry out functions associated with
criminal justice administration, and FDLE is required and willing to provide such
services so long as all applicable federal and state laws, rules and regulation are strictly
complied with;
Now, therefore, in light of the foregoing representations and the promises, conditions,
terms and other valuable considerations more fully set forth hereinafter or incorporated
by reference and made a part hereof, the FDLE and User do mutually agree as follows:
1) FDLE AGREES TO:
a) Act as the central state repository, providing identification, recordkeeping, and
exchange of criminal history record information services;
b) Provide User with such state criminal history records and information for
criminal justice purposes as may be contained in its systems and legally
available to the User;
c) Act as an intermediary between User and the United States Department of
Justice in securing, for the use and benefit of User, such federal and
multistate criminal history records or information as may be available to User
under federal laws and regulations;
d) Upon request, assist User in its staff orientation to the privacy and security
requirements imposed by state and federal laws, rules and regulations;
e) Provide User with an Identification Manual setting out and explaining
appropriate procedures for completing fingerprint cards, disposition reports
and otherwise advising the User of services available;
f) Provide state criminal history record check services for non-criminal justice
purpose in accordance, with provisions of Chapter 11C-6, F.A.C.
2) USER AGREES TO:
a) Except as otherwise provided by rules of FDLE, provide for inclusion in
criminal history records information systems, adult and juvenile.criminal
fingerprint cards on all felony arrests, adult criminal fingerprint impressions on
all misdemeanors and comparable ordinance violation arrests, and juvenile
fingerprint cards on misdemeanor arrests as specified at Section
943.051(3)(b), F.S.;
b) Establish a mechanism for the collection and submission of disposition data
on criminal arrests (pretrial dispositions, trials, sentencing, confinement,
parole and probation) to FDLE for inclusion in the centralized criminal history
record information system in accordance with rules of the FDLE Rule 11C-
4.006, F.A.C.;
c) Provide security for criminal history record information and systems in
accordance with applicable laws, rules, and regulations and train personnel
who receive, handle or have access to criminal history record information;
d) Screen all personnel who will have direct access to criminal history record
information and reject for employment (or take appropriate action with respect
to) such personnel who have violated or appear unwilling or incapable of
abiding by the security requirements established for the collection, storage, or
dissemination of criminal history record information;
e) Disseminate criminal history record information derived from federal records
or systems only to criminal justice agencies and only for criminal justice
purposes. Criminal justice purposes include criminal justice employment
screening. Agencies which interface between FDLE and other criminal justice
agencies must abide by all of the provisions of this agreement. Agencies
which access FDLE systems by interfacing through other agencies must,
likewise, abide by all provisions of this agreement;
f) Except as provided for in paragraph j, I and m below, disseminate criminal
history record information derived from state records or systems only to
criminal justice agencies and only for criminal justice purposes. Otherwise,
the User will direct requests to FDLE whenever state criminal history record
information is sought for purposes such as licensing, permitting, local
ordinance registration, other than criminal justice employment and similar
purposes;
g) Query the Central State Repository (FCIC) prior to disseminating any criminal
history record information to insure that the information is up-to-date.
h) .Maintain a record of any dissemination of state or federal criminal history
information. This record will reflect as a minimum: (1) date of release; (2) to
whom the information relates; (3) to whom the information was released; (4)
the State Identification (SID) and/or the FBI number(s); and (5) the purpose
for which the information was requested;
i) Provide FDLE access to User's records of dissemination and assist in
conducting prescribed audits;
j) Assist individuals and cooperate with FDLE regarding requests for personal
review or correction of the individual's own criminal history record; if a minor,
the assistance and cooperation should be provided to the parents or legal
guardian of the minor;
k) Defer to FDLE on any determination as to what purposes qualify for criminal
justice versus non-criminal justice designation;
I) Pursuant to a signed interagency agreement authorizing the sharing of
criminal history information as outlined in 39.045(5), F.S., the agency may
share state criminal history record information with appropriate school
personnel on an as-needed basis. Dissemination of information should be
documented using established secondary dissemination procedures and
should be in accordance with s. 943.0525, F.S. Agencies must maintain
confidentiality of such record information that is otherwise exempt from s.
119.07 (1), F.S., as provided by law.
m) Pursuant to a signed interagency agreement authorizing the sharing of
criminal history information as outlined in 415.5018(3), F.S., the agency may
share state criminal history record information with the Department of
Children and Families district personnel directly responsible for child
protective investigation and emergency child placement, on an as-needed
basis. Dissemination of information should be documented using established
secondary dissemination procedures and should be in accordance with s.
943.0525, F.S. Agencies must maintain confidentiality of such record
information that is otherwise exempt from s. 119.07 (1), F.S., as provided by
law.
PENALTIES AND LIABILITIES
Any non-compliance with the terms of this agreement concerning the use and
dissemination of criminal history information may subject the User's officers or
employees to a fine not to exceed $10,000 as provided for in Department of Justice
Regulations, 28 C.F.R. Section 20.25, and/or discontinuance of services as provided for
by Department of Justice Regulations, 28 C.F.R. Section 20.38. Moreover, certain
offenses against system security and the information contained therein are crimes
under Chapter 815, F.S.
PROVISIONS INCORPORATED
User shall be bound by applicable federal and state laws, federal regulations and the
rules of FDLE to the same extent that User would be if such provisions were fully set out
herein. Moreover, this agreement incorporates both present and future law, regulations
and rules. The User may terminate this agreement as described below if the changes in
law, regulations or rules are not acceptable to the User.
TERMINATION
Each party retains the right to discontinue service, without cause, provided written
notice of forty-five days is given by U. S. mail. Each party may terminate this
agreement for cause. More particularly, FDLE reserves the right to discontinue service,
without notice, upon presentation to it of reasonably credible evidence that User is
violating this agreement or any pertinent federal or state law, regulation or rule.
Moreover, cause may also be deemed to exist if any term of this agreement is found to
be invalid, if any change in the laws applicable to either party requires either party to
curtail performance hereunder, or if changed circumstances require either party to
perform substantially more or less than was envisioned at the time this agreement was
executed. In such circumstances, the other party may terminate performance or
demand renegotiation upon written notice to the other party that the changed
circumstances, if known at time of execution of this contract, would have foreclosed that
party's entry into the agreement.
ACCOUNTABILITY
To the extent provided by the laws of Florida, User agrees to be responsible for the
negligent acts or omissions of its personnel arising out of or involving any information
contained in, received from, entered into or through FCIC/NCIC/NLETS.
SOVEREIGN IMMUNITY
Nothing herein shall be deemed a waiver of the City's sovereign imunity as set forth in
Florida Statutes 768.28.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed
by the proper officers and officials.
Attest:
By:
Deputy City Clerk City of Delray Beach Mayor Jay Alperin
Approved as to form and Legal Sufficiency:
By: '
Cit ach Chief Richard G. Overman
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY WITNESS
TITLE TITLE
DATE
useragcj
revised 1/98 for Delray Beach PD
I0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~
SUBJECT: AGENDA ITEM # ~'~'- REGULAR MEETING OF FEBRUARY 3, 1998
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
DATE: JANUARY 29, 1998
This is before the Commission to ratify various actions approved
by the South Central Wastewater Treatment and Disposal Board on
January 15, 1998. By a vote of 8 to 0, the SCRWTD Board approved
the following:
** Authorization to increase Ric Man's contract for the
Northwest Reuse Project from $2,535,701.75 to $2,573,516.79,
to cover $37,815.04 of change orders, and extend the
contract time by eighteen (18) days.
** Authorization to increase J.J. Kirlin's contract for the
Northwest Reuse Project from $4,595,784.00 to $4,658,008.00,
to cover $62,224.00 of change orders, and extend the
contract time by eighty (80) days.
** Authorization to increase the contract with R.J. Sullivan
Corporation for the construction of a grit discharge system
in the Screening Building from $289,010.00 to $291,940.00,
to cover $2,930.00 of change orders and extend contract
completion by one-hundred twenty (120) days.
** Authorization to expend $2,500 from the Sinking Fund on an
emergency basis to repair hycore press.
** Authorization to expend $25,000 from the Sinking Fund on an
emergency basis to repair two EQ motors and blowers.
Recommend ratification of the SCRWTD Board actions of January 15,
1998.
ref:agmemo5
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · De[ray Beach, Florida 33445
ROBERT J. HAGEL~\\- Telephone
Executive Director (407) 272-7061 (407) 734-2577
Fax: (407) 265-2357
MEMORANDUM
TO: City Clerk, Delray Beach
FROM: Mary Ann Shumilla 'f
DATE: January 21, 1998
RE: RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of January 15, 1998
which require signatures. Would you please place these on the Agenda for your next
Commission meeting.
Would you please contact me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1998, by a vote of 8-0, approve Authorization to Increase Ric Man's
Contract for the Northwest Reuse Project from ~2,535,701.75 To ~2.573.516.79
Cover $37,815.04 of Change Orders and Extend the Contract time by (18) days.
NO ADDmONAL FUNDS NEED TO BE APPROPRIATED.
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
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1998, by a vote of 8-0, approve Authorization to Increase J. J. Kirlin's
Contract for the Northwest Reuse project from ;4,595,784 to ;4,658.008.00 to
Cover ;62,224.00 of Change Orders and Extend the Contract time by (80) days.
NO ADDITIONAL FUNDS NEED TO BE APPROPRIA TED.
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
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1998, by a vote of 8°0, approve Authorization to Increase the
Contract with R. J. Sullivan Corporation for the Construction of Grit Discharge system
in the Screening Building from ;~289,010.00 to ~291,940.00 to cover ~2,930.00 of
Change Orders and Extend Contract Completion by (120) Days.
(NO ADDITIONAL FUNDS NEED TO BE APPROPRIATED).
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
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1998, by a vote of 8-0, approve Authorization to Expend on an
Emergency Basis ;~2,500. from the Sinking Fund to Repair Hycore Press.
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.
~EL_I~/~_Y ,~EA~H.~.
The above action is hereby ratified in open session by the City of =_-e¥5~en =ea-~: ires
~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 1998
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 1998, by a vote of 8-0, approve Authorization to Expend on an
Emergency Basis $25,000 from from the Sinking Fund to Repair (2) two EQ Motors
and Blowers.
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
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~'~ - REGULAR MEETING OF FEBRUARY 3, 1998
SERVICE AUTHORIZATION #2 WITH RALPH HAHN & ASSOCIATES
FOR POLICE DEPARTMENT HVAC EQUIPMENT REPLACEMENT
DATE: JANUARY 29, 1998
This is before the Commission to approve Service Authorization #2
with Ralph Hahn & Associates for the preparation of construction
documents for the replacement of five (5) rooftop air
conditioning units and three (3) condensing units at the Police
Department. The units are in serious disrepair due to corrosion
and need to be replaced.
The amount of the service authorization is not to exceed
$11,900.00. $9,850.00 will be paid as a lump sum for document
preparation. The balance of $2,050.00 is provided for bidding
assistance ($750.00), construction administration on an hourly
basis ($1,100.00), and reimbursable expenses ($200.00). These
funds will be expended on an as needed basis only. Funding is
available from the General Construction Fund Account
#334-6111-519-63.21 (Police Chiller A/C System).
Recommend approval of Service Authorization #2 with Ralph Hahn &
Associates for Police Department HVAC equipment replacement.
ref:agmemo6
Agenda Item No. ~--~
AGENDA REQUEST
Date: January. 27. 1998
Request to be placed on:
X Regular Agenda
~ Special Agenda
Workshop Agenda When: February 3. 1998
Description of item (who, what, where, how much): Staff request City Commission approve
Service Authorization No. 2 with Ralph Hahn Associates in the amount of not-to-exceed
$11,900.00 for Construction Documents for replacement of the Police Department NC units.
Funding is available from the General Construction Fund Account number 334-6111-519-63.21.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve Service Authorization No. 2
with Ralph Hahn Associates in the amount of not-to-exceed $11,900.00 for Construction
Documents for replacement of the~li~ment .~nits.
Department head signature:(~'~~ '~- ~0..~j,._.~ ',~-¢>
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r,,equJ~red on ~v~vingI expenditure of funds):
Funding available:(Yi~.~NO .~.~..~.~~
Funding alternatives~f applicable):
Account No. & Description
Account Balance ~t'/,.X.~, ~)f___)o. ~ c) ~ ~ I/,~ 1/~]
City Manager Review: " '
Approved for agenda: ~O ~/~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\9848~agreq203
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, A.I.A. ~
Construction Manager
Date: January 27, 1998
Subject: AGENDA REQUEST 02/03/98
Police Department HV^C Equipment Replacement
Project No. 98-048
Attached is an Agenda Request for City Commission approval of Service Authorization
No. 2, with Ralph Hahn and Associates, Inc., in the amount of not-to-exceed $11,900.00
for the preparation of Construction Documents for removal and replacement of five (5)
roof top units and three (3) condensing units at the Police Department facility. The
Consultant fee breakdown is as follows:
Construction document preparation; lump sum $ 9,850.00
Bidding assistance, as needed; hourly not-to-exceed $ 750.00
Construction administration; hourly not-to-exceed $ 1,100.00
Reimbursable expenses $200.00
Total fee $11,900.00
Items other than preparation of Construction Documents will be monitored and fees will
be used only if and when needed.
In July, 1997, Ralph Hahn and Associates prepared a report (see attached) for the City
in which after evaluating the existing condition of the units, concluded that the units were
in serious disrepair due to corrosion, and were in need of replacement. The scope of
work will include preparation of all drawings and technical specifications for removal and
replacement of the units, including curb repair details, in a phased manner based on the
City budget allocation. City staff is in the process of coordinating with the roofing
manufacturer to obtain the necessary repair details for correction of the equipment
raised curbs, which have deteriorated over the years.
Funding is available from the General Construction Fund Account number 334-6111-
519-63.21 which has allocated $145,000.00 for year 1997-98, and $75,000.00 for year
1998-99.
cc: Agenda file 02/03/98
Bob Barcinski
Dick Hasko
File 98-048 (A)
CONSULTING SERVICE AUTHORIZATION
DATE: December 9. 1992
SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
TITLE: Police Department Rooftop HVAC Unit Replacement - Project No. 98-048
This Service Authorization, when executed, shall be incorporated in and shall become an
integral part of the Conlxact, dated _J. III1L[9_,_L,qg~ between the City of Delray Beach and
Ralph Hahn & Associates. Inc.
I. PROJECT DESCRIPTION
Replace HVAC system equipment, including five rooftop units and three ak-cooled
condensing units.
SCOPE OF SERVICES
Project includes necessary Bid, Permit and Construction Documents detailing
electrical, mechanical and curb repair details as needed. Owner shall provide complete
existing record documents, as-builts, and all other available pertinent documentation.
HEI will provide required technical sections for inclusion with Owner's bid package.
HEI will provide ACAD 12 plot sheets for Owner's use in preparing printed sets of bid
drawings. HEI will provide three (3) sets of drawings and technical sections for
review at 95 % and final. Project will be phased to permit initial work phase and future
work phase(s) as designated by Owner.
Basic services to construction documents $ 9,850.00
Bidding assistance; hourly not-to-exceed $ 750.00
Construction observation, hourly not-to-exceed $ 1,100.00
(1 person at 6 3-hour site visits)
Reimbursables - Mileage, Reproductions ~
Total Fee $11.900.00
S:\TI~C~CSVAIJ'rI-I I, J~'~!
IV. COMPLETION DATE
Completion of work shall be within 45 days of acceptance by the City.
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.
Approved by:
Ralph Hahn & Assoc.
A Unit of
CITY OF DELRAY BEACH: CONSULTANT: Hanson Engineers, Inc.
D te Date:. -
Witness/
BEFO~ ME, ~ foregoing ~st~ment,
~rov~ a~ to ~ga~ ~ of ~m~r, 1~, w~ ~owl~dged
~u~e~ne~ and ~o~ ~ S~ on ~f of
Co~Oon md ~d ~r~n ~x~
fr~ ~d volun~ily for ~e pu~ ~ere-in
~xpres~d.
Wimess my ~md md ~ in ~ Coun~ md S~
afore~fl ~is. ~ ~ of ~m~r ,1~.
~o~blic
Sram of Flori~
My Commission Expires:
Report on the HVAC System
at the
Delray Beach Police Station
for the Fl. kE
City of Delray Beach
AH-America City
Submitted
July 7, 1997
RHA P/N 297607
Ralph Hahn and Associates, Inc.
ENGINEERS. ARCHITECTS- CONSULTANTS
500 S. Australian Ave, Ste. 720
West Palm Beach, FL (561) 832-2606
FILE COPY
INTRQOUCTiON
Ralph Hahn and Associates (RHA) was commissioned by the City of Delray Beach
to provide a study and report of the packaged rooftop HVAC units at the Police
Station; assessing their currant condition and making recommendations for system
modifications and/or equipment replacement.
The building was constructed in 1985/86 and consists of approximately 36,500 square
feet; with about two thirds of the ama located on the first (ground) floor and the balance
located on a partial second floor. The original mechanical HVAC system consisted of
multiple packaged rooftop HVAC units, and a couple of small split direct expansion (DX)
units dedicated to specific areas.
The scope of the study and report was limited to ~e extedor equipment and did not
include an examination of the intedor equipment and air distribution system nor
verification of the building cooling loads.
Following am our findings and recommendations listed on a task by task basis.
REVIEW OF PROJECT RECORD DRAWINGS
The project record drawings have been reviewed to determine the original design, layout
and zoning of the current systems. Following is a summary for the facility.
The existing HVAC design for the building includes six (6) packaged rooftop A/C units
and three (3) split DX systems. W'td~ the exception of split system AC-2, the remaining
units ware selected (and specified) around Carrier equipment. The units appear to be
manufacturer's standard equipment with a few a_nce__$sodes noted. The schedules on the
drawings do not ind'mate any requirement for add'fdonal conosion protection or special
condenser coil coatings.
Rooftop units 3, 4, and 5 serve variable air volume (VAV) terminal units and are
equipped with discharge damper cont~'ols. The remaining systems are constant volume.
A summa~j of the nine units and their nominal tonnage follows:
Rooftop Unit RT-1 15 tons (nominal)
Rooftop Unit RT-2 2 tons (nominal)
Rooftop Unit RT-3 30 tons (nominal)
Rooftop Unit RT-4 36 tons (nominal)
Rooftop Unit RT-5 46 tons (nominal)
Rooftop Unit RT-6 6 tons (nominal)
Cond. Unit AC-1 3 tons (nominal)
Cond. Unit AC-2 3 tons (nominal)
Cond. Unit AC-3 2 tons (nominal)
A total of 4,285 CFM is scheduled for outdoor (ventilation) air for the six packaged
rooftop units. (No outdoor air is scheduled for the three split systems.) Using a 20 CFM/
person requirement (standard for ASHRAE 62), this would equate to a maximum
building occupancy of approximately 214 people.
Summing all of the exhaust fans serving this facility, totals slightly over 5,800 CFM.
However, it is not dear how many run continuously and/or simultaneously. Based on the
outdoor air and exhaust air totals however, the potential exists by design for this building
to be negatively pressurized. This would promote infiltration and moisture migration,
contributing to potential IAQ problems.
FIELD SURVEY AND OBSERVATIONS
RHA visited the building to observe the condition of the existing roof mounted HVAC
equipment, and with the assistance of City maintenance personnel, were able to open
several units and inspect the interior of same.
While a couple of units are in fair-to-poor condition, several of the units have critically
deteriorated to a point of imminent failure. Following are individual assessments of each
unit.
RT-1 was in fair physical condition, but the outdoor damper was closed and there
was no filter in the outdoor air filter frame. The condenser coil did not appear to have
any type of protective coating to inhibit corrosive deterioration. While this unit may
have one to three years of useful life left, it will depend upon the rate of deterioration
of the coil and casing.
· RT-2 appeared to be a newer unit, possibly replaced within the past couple of years.
It was in sim~ar condition to RT-1 and did not appear to have any protective coating
on the condenser coil.
· RT-3 is severely deteriorated and it appeared someone had coated the compressor
supports of this unit with a roofing bitumastic cement. The condenser coil has
corroded to the point of the fins flaking off. Unit performance and capacity have
been seriously compromised. The outdoor air dampers on this unit were also dosed
and blanked off with sheetmetal panels.
· RT-4 was also severely deteriorated and its casing (cabinet) was covered with a
tarpauline to keep rain from penetrating the unit (and ultimately the building). Upon
opening the unit, large holes were noted in the compressor/condenser section from
failure of the rusted casing. The condenser coil fins were very con'oded, to the point
of flaking, and the support frame was also severely corroded. Similarly, the outdoor
air dampers were dosed and the openings sealed.
· RT-5 was deteriorated similar to RT-4 and also was covered with a tarpauline.
· RT-6 was in fair physical condition, similar to RT-1. It's condenser coil did not appear
to have any protective coating.
· The condensing unit for AC.,-1 appeared to be in fair condition, but the condenser coil
did not have any protective coating. The casing housing the compressor is rusting
badly.
· The condensing unit for AC-2 is a Hi Ross unit and appears to be in fair condition.
· The condensing unit for AC-3 is in fair condition, similar to AC-1.
The closing and blocking off of the outdoor air dampers in the packaged rooftop units is
very distressing, since it not only eliminates required ventilation air for the facility, but
almost ensures (with the operation of the exhaust fans) that the building is negatively
pressurized. This would corf~ribute to infiltration of humid unconditioned air and promote
moisture migration through the exterior shell.
CONSIDERATIONS AND ANALYSIS
As a part of this study, we examined potential replacement of the existing DX HVAC
systems with alternate system types. Based upon our field observations and discussions
with Mr. David Junghans, the Adminislzative Officer of the Delray Beac~ Police
Deparl~nent, we noted several key considerations that must be addressed in analyzing
alternative solutions for the HVAC systems in this facility.
· This building is open and operational 24 hours a day, year round. There are
currently no other facilities which could accommodate these operations while the
i-IVAC replacement work is being performed. Thus, the work must be phased and
the Contractor must accommodate the ocoJpants of the building. Utility downtime
must be kept to a bare minimum and scheduled at the Owner's convenience. There
may be a need for temporary air conditioning (mobile units), if any HVAC system will
be down for an extended pedod of time.
· There is no intedor space available for new or additional HVAC equipment. Building
space is very tight and new/replacement HVAC equipment must be installed outside.
· Physical space outside of the building is also at a premium. A new property storage
building is scheduled for the area to the east of the existing radio tower in the near
· While the lower roof structure will probably support additional load (it was reportedly
designed to accommodate a second floor), its load beadng capacity would have to
be verified. Also, if any additional HVAC equipment was located in this area it would
need to be relocated if plans for a second floor were developed.
· The red barrel tile mansard sections on the roof would present problems tying the
equipment on the Iow and high roofs together, (by piping etc.). In addition, it
presents a minor obstacle for a crone to lift over.
The use of a water-cooled chilled water system would require an intedor mechanical
room to house the chiller, chilled water and condenser water pumps. In addition, a
cooling tower must be provided (probably mounted on the roof) and the existing
packaged rooftop units replaced with chilled water air handling units, suitable for extedor
installation.
While the operating effidency of a water-cooled chilled water system may be slightly
greater than a high efficiency ar-cooled system, the first cost is greater;, in the range of
$1,900. to $2,300. per ton. As noted above, presently them is no intedor space for the
equipment. If a penthouse needed to be built on the lower roof to accommodate same,
the first cost of this system would be even greater.
Phasing construction of such a system would be even more difficuiL The chiller, pumps
and cooling tower would have to be operational as the first chilled water AHU was
installed and brought on-line; however, the remaining packaged units would want to
operate until they were replaced. This would probably tax the facility's electrical system.
An air-cooled chilled water system would require physical space to locate an extedor
chiller and associated pumps, piping and electrical gear. Two ground locations ware
examined. One site near the existing dumpsters would require sacrificing several
parking spaces which reportedly is unacceptable. The second site is located near the
building, requiring relocating a tree and a backflow preventer. The second site appears
to be unacceptable do to the potential noise problem it could create. Probably the best
location for an air-cooled choler would be on the iow roof, provided the structure would
support it.
The first cost for the air-cooled cheer system is in the range of $1,650. to $1,900. per
ton. For a chiller having a capacity of 150 tons, this would amount to a range of
$247,500 to $285,(XX:). Construction phasing would still present a problem and would
have to be carefully coordinated.
Replacement of the existing pac~,aged rooftop DX units with similar equipment could be
phased on a system-by-system basis. If the new equipment was of a similar size and
configuration, minimizing duct and roof curb modifications, installation of each unit
should be performed expeditiously. The first cost of this replacement should be in the
range of $1,500. to $1,650. per ton. (See budget estimate below.)
RECOMMENDATIONS
Based upon the our field observations, we believe the City should consider immediate
replacement of the building's rooftop HVAC equipment to: prevent interruption of air
conditioning service due to equipment failure, improve system performance, reduce
operating cost(s), and mitigate potential IAO problems. Based upon our analysis, we
believe replacement with similar type equipment would be the best altemative; for
economic, physical space, and construction phasing considerations. Following is our
budget estimate of probable construction cost for this replacement. This estimate should
be considered very preliminary and updated when design services are initiated to
implement the replacement.
General Conditions & Phasing Premium $10,000.
Crane
Rental
Demolition (Refrigerant Containment and $ 7,000.
ET unit disposal)
Rooftop A/C Units .: RT-1 $ 14,600.
RT-2 $ 2,100.
RT-3 $ 30,4OO.
RT-4 $ 37,500.
RT-5 $ 46,500.
RT-6 $ 6,400.
Condensing Units AC-1 $ 1,900.
AC-2 $ 1,900.
AC-3 $ 1,600.
Roof Curb and Duct. Modifications $ 14,000.
Electrical Work $ 21,500.
Contingency (10%) $ 20,000.
Total $218,400.
Notes for me es~mate of probable construction cost:
· Une items include labor and material with allowance for overhead and profit.
· Preliminary equipment pricing obtained from manufacturer's representative for air
conditioning equipment.
· Equipment pricing includes an allowance for copper/copper const~ction and/or
bmnz-glow (corrosion protective) coating of coils.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY M32XlAGER~
SUBJECT: AGENDA ITEM #~'- REGULAR MEETING OF FEBRUARY 3, 1998
CONTRACT ADDITION AND CLOSE-OUT CHANGE ORDER #2 WITH
CHAZ EQUIPMENT CO., INC. FOR ROOSEVELT AVENUE DRAINAGE
IMPROVEMENTS PROJECT
DATE: JANUARY 29, 1998
This is before the City Commission to approve an emergency
contract addition to the Roosevelt Avenue Drainage Improvements
contract with Chaz Equipment for eliminating an improper
cross-connection between an existing 8" water main and an
existing 20" raw water main on N.W. 3rd Street between Swinton
and N.W. 1st Avenues.
In addition, approval is requested for close-out Change Order #2
on the Roosevelt Avenue drainage project. The contract addition
and the change order combined result in a net deduct amount of
$3,837.74. This is due to the final as-built quantity
adjustments for the project. It includes the emergency contract
addition referred to above.
Funding will be from 442-5178-536-63.50 (R&R Water Main Upgrades)
for $10,532.88, and a liquidation of ($14,370.62) encumbered in
the Project P.O. to 334-3162-541-61.17 (R&R Streets).
Recommend approval of the contract addition and close-out Change
Order #2 with Chaz Equipment Co., Inc. for the Roosevelt Avenue
Drainage Improvements project.
ref:agmemo7
Agenda Item No. ~.~'
AGENDA REQUEST
Date: January 28, 1998
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: February 3, 1998
Description of item (who, what, where, how much): Staff requests
Commission Approval of Change Order 9-1- to Chaz Equipment Co., Inc.
contract for Roosevelt Drainage Improvements (PN 96-12) for a deduct
amount of $3,837.74. The scope of work includes as-built quantity
adjustments for the Roosevelt Ave Drainage Project(96-15); and a
Contract Additon for eliminating an existing cross-connection between
an existing 8" Water Main and an existing 20" Raw Water Main.
Funding is available from 442-5178-536-63.50 (R&R Water Main
Upgrades) for $10,532.88; and a liquidation of -$14,370.62 encumbered
in the Project P.O. to 334.~'16~-541-61.17 (R&R Streets).
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: Staff recommends ap/~roval of the Change Order %2 to
Chaz Equipment Co., Inc.. ~.~~ ~
~me~ head signature: -V~,~
in ion of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: E~NO
Funding alternatives (if applicable)
Account No. & Description~2-~-/,?F~~ ~.~D -~r ~- ~,~ ~l~ 7~
Account Balance~-~/$~ ~5o -~J~ Z 1~o, '2~/~-31&Z-~/-/~ ~F,~] ~
- /
City Manager Review: '~/
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
TO: David T. Harden
City Manager
FROM: Howard Wight . iA_
SUBJECT: Roosevelt Avenue Drainage Improvements (PN 96-15)
Contract Addition / Change Order #2
DATE: January 28, 1998
Attached for Commission approval is Change Order #2 to Chaz Equipment Co., Inc. for the above
referenced Project. The scope of work included in this Change Order are the final as-built quantity
adjustments to the Roosevelt Drainage Improvements; and an emergency Contract Addition for
water main retrofit on NW 3rd St. between Swinton and NW 1st Ave. The amount of the Change
Order is a net deduct of $3,837.74.
The emergency water main retrofit was required to correct an improper existing cross connect at
the above location between an 8" domestic water main with a 16" raw water main. Chaz
reconnected the 8"to an existing 20" domestic main running parallel and just south of the 16"
raw water main.
Funding will be from 442-5178-536-63.50 (R&R Water Main Upgrades) for $10,532.88; and a
liquidation of -$14,370.62 encumbered inthe Project P. O. #557858 to 334-3162-541-61.17
(R&R Streets).
. cc: Dick Hasko, P.E., Director of Environmental Services
file: 96-15A
file:s/eng/eng/proj/9615/contract/agdmemo.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. TWO (2) PROJECT NO. 96-15 DATE:
PROJECT TITLE: Roosevelt Ave Drainage Improvements
TO CONTRACTOR: Chaz EouiDment Co., Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Roosevelt Drainage As-Built Quantity Adjustments and Contract Addition for
elimination of 8 in. Water Main / 20 in. Raw Water Main interconnect. Ail
changes are per Schedule A attached to this Change Order.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 294,189.25
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 55,741.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 349,930.25
COST OF CONSTRUCTION CHANGES THIS ORDER $ -3,837.74
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 346,092.51
PER CENT INCREASE/DECREASE THIS CHANGE ORDER -1.3%
TOTAL PER CENT INCREASE/DECREASE TO DATE +17.6%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper
ratio to the cost of the original work contracted for
under benefit of competitive bidding.
for Chaz Equipment Co., Inc.
(sign & seal)
Fundinq Source
442-5178-536-63.50 (R&R Water) for $10,532.88; and 334-3162-541-61.17 (R&R
Streets) for -$14,370.62
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
for Environmental Services Jay Alperin, MAYOR
ATTEST:
APPROVED: By:
City Attorney City Clerk
-01/28/98 16:41 FAX 5612784451 CHAZ-EQUIPMENT ~02
CrTY OF D~Y BEACH ~ IK~$EVEL? A~NUE DRAWAGE IMPIK)VEMENTS PROJECT
SCHE[NJLE A
Cl'I~IU~E ORDER NUMBER ~
ITEM IDOMTI~Ii~T UNIT CONTNAg~T A~-~iJILT
2 ~PHALT PA~ME~ REMOVAl_ __
t~ CORE ~STING D~INAGE ~TRUCTURE
16 REMOVE ~ISTING ~ qUP DRAINAGE PiPE
~ ADDITO~,WATER &ER~CE ~ 0 ~.~ O~ E j 1,t~
~ ~D ~REET-)~TERCONNECT
~ POT-HOLING: HIgh--ND B~H FORCE.tN k~ O 1,2~.~ 0.~ 1! 1~
01/28/98 16:41 FAX $612784451 CI/AZ-EOUIP~IE~'T
CITY OF DEI.RAY BEAGH - R~LT AV~
~H~ A
~NNOLE nE~a,
~E~VAL OF AU~L~N PINE TREE~ L~, O ~,~ 0.~ I
1855 Dr. Andre's Way, Unit 5 PH: (407) 278-4451
Delray Beach, FL 33445 FAX: (407) 278-5149
INVOICE
CUSTOMER NAME: City of Delray Beach
434 South Swinton Avenue JAN - 7 1998
Delray Beach, FL 33444
ENGINEERING
ATTENTION: Mr. Howard Wight
DATE: January 05, 1998
WATER MAIN TIE-IN LOCATED AT
N.W. 3RD STREET BETWEEN SWINTON AVENUE & N.W. 1ST AVENUE
Moved equipment to job site, removed asphalt and exposed existing utilities.
December 15, 1997
HR/DAY
LABOR: QTY HR/DAY RATE TOTAL
FOREMAN 1 0.625/DAY 238.00/DAY 148.75
LABORER 1 5.00/HRS 14.00/HR 70.00
SUBTOTAL 218.75
TOTAL HOURLY
EQUIPMENT: QTY HOURS RATE TOTAL
590 CASE LOADER 1 5.00 35.00 175.00
F-250 FORD TRUCK 1 5.00 12.50 62.50
SUBTOTAL 237.50
Tapped existing 20" Water Main with l" Tap, picked up material from Ferguson
Underground, exposed other existing utilities and as-builted.
December 16, 1997
HR/DAY
LABOR: QTY HR/DAY RATE TOTAL
FOREMAN 1 1.00/DAY 238.00/DAY 238.00
LABORER 1 9.00/HRS 14.00/HR 126.00
SUBTOTAL 364.00
TOTAL HOURLY
EQUIPMENT: QTY HOURS RATE TOTAL
590 CASE LOADER I 3.00 35.00 105.00
F-250 FORD TRUCK 1 3.00 12.50 37.50
S U BT OTAL 142.50
DATE: January 5, 1998
INVOICE - CITY Of DELRAY BEACH
PAGE TWO
Preparing for tie-in.
December 17, 1997
HR/DAY
LABOR: QTY HR/DAY RATE TOTAL
LABORER 1 3.00/HRS 14.00/HR 42.00
SUBTOTAL 42.00
TOTAL HOURLY
EQUIPMENT: QTY HOURS RATE TOTAL
F-250 FORD TRUCK 1 3.00 12.50 37.50
SUBTOTAL 37.50
Completed tap by Rangeline Tapping Services, Inc. & completed tie-in.
December 18, 1997
HR/DAY
LABOR: QTY HR/DAY RATE TOTAL
FOREMAN I 1.00/DAY 238.00/DAY 238.00
OPERATOR 1 9.00/HRS 19.60/HR 176.40
LABORER 3 9.00/HRS 14.00/HR 378.00
SUBTOTAL 792.40
TOTAL HOURLY
EQUIPMENT: QTY HOURS RATE TOTAL
590 CASE LOADER I 9.00 35.00 315.00
F-250 FORD TRUCK 1 9.00 12.50 112.50
SUBTOTAL 427.50
Backfill and Compacting.
December 19, 1997
HR/DAY
LABOR: QTY HR/DAY RATE TOTAL
FORE MAN 1 1.00/DAY 238.00/DAY 238.00
OPERATOR 1 10.00/HRS 19.60/HR 196.00
LABORER I 10.00/HRS 14.00/HR 140,00
SUBTOTAL 574.00
TOTAL HOURLY
EQUIPMENT: QTY HOURS RATE TOTAL
590 CASE LOADER 1 10.00 35.00 350.00
F-250 FORD TRUCK I 10.00 12.50 125.00
SUBTOTAL 475.00
DATE: January 5, 1998
INVOICE - CITY OF DELRAY BEACH
PAGE THREE
Clean up job site & patch road.
December 22, 1997
HR/DAY
LABOR: QTY HR/DAY RATE TOTAL
FOREMAN 1 0.625/DAY 238.00/DAY 148.75
OPERATOR I 5.00/HRS 19.60/HR 98.00
LABORER 1 5.00/HRS 14.00/HR 70.00
SUBTOTAL 316.75
TOTAL HOURLY
EQUIPMENT: QTY HOURS RATE TOTAL
INTERNATIONAL DUMP TRUCK I 5.00 25.00 125.00
590 CASE LOADER I 5.00 35.00 175.00
F-250 FORD TRUCK 1 5.00 12.50 62.50
SUBTOTAL 362.50
MISCELLANEOUS COSTS:
Uhel Polly Hauling, Inc. 10 YD Container 190.00
Harddves Asphalt Company 3.98 Tons 135.00
Rangeline Tapping Services, Inc. 20 x 8 Test & Tap 1,000.00
Ferguson Underground, Inc. Matedal 465.90
Hughes Supply, Inc. Matedal 2,927.72
Bob's Barricades, Inc. Barricades & Signs 150.00
Testing Lab of the Palm Beaches, Inc. Density Tests & Proctors 300.00
5,168.62
LABOR SUBTOTAL: 2,307.90
EQUIPMENT SUBTOTAL: t,682.50
MISCELLANEOUS COSTS: 5,168.62
SUBTOTAL: 9,159.02
15% OVERHEAD & PROFIT: 1,373.86
GRAND TOTAL: 10,532.88
dllnlO$
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. ~
Director of
SUBJECT: Approval of Supplement to H.T.E.'s Software License and Services Agreement
DATE: January 28, 1998
We would request that the attached "Supplement to H.T.E., Inc.'s Software License and Services
Agreement" be placed on the February 17, 1998 City Commission Agenda for approval. This Supplement
will allow the City to proceed with Phase I (of three phases) of its Citywide Imaging and Document
Management System.
M.I.S. has been working on developing a Citywide Imaging and Document Management System. The
process began in June 1997 with a consultant, Gary A. Hendrickson Resource Management, conducting
on-site interviews with all departments and reviews of their departmental records and work processes.
The consultant presented his Imaging Site Survey Analysis in August 1997 (attached). Since that time,
M.I.S. has been working with the consultant to organize the implementation of a Citywide Imaging and
Document Management System into three manageable phases with costs spread over three fiscal years.
Phase I of the System is the implementation of the Automated Printed Report File Collection System
which includes the acquisition of hardware, software and professional services to implement COLD
(Computer Output to Laser Disk) and IBM's R/DARS (Report Data Archive and Retrieval System) for
storage and retrieval of computer-generated reports. This will provide improved access to specific printed
reports generated by H.T.E. applications, eliminating redundancy of report printing and distribution to
multiple users, facilitating access to these reports by users and reducing required storage space of the
printed reports. These reports can then be accessed by users in image format on users' personal
computers to be "mailed" or printed to other users or agencies. Initially the system will allow access by ten
concurrent users. The number of concurrent users can be expanded as needed at additional cost.
This Supplemental Agreement includes hardware and software support for one year at no additional cost.
Support and maintenance will then be billed annually.
Phase II of the System (scheduled to be implemented and funded in Fiscal Year 1998-99) will include
Document Scanning and Storage and Document Management. Phase III of the System will include
expansion to full scale document scanning, storage and management and is scheduled to be implemented
and funded in Fiscal Year 1999-2000. None of the Systems currently scheduled includes the City
Commission Automated Agenda application. This could be included in either Phase II or Phase III
provided funding is approved.
Total contract cost for Phase I is $60,000, with $30,000 being due upon initial signing of contract and the
balance due upon installation of hardware and software. Funding is included in the Fiscal Year 1997-98
Capital Improvement Program budget for this item in account code 334-6112-519-64.12.
RZ/sam
Attachments
cc: Richard Zuccaro, Information Systems Manager
Agenda Item No.: .~ ~
AGENDA REQUEST
Date: 01-28-98
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 02-17-98
Description of agenda item (who, what, where, how much): Approval of Supplement
! !!
to H.T.E., Inc. s Software License and ~ervice~ ~reem~nt ~p That the City mav Droa~ed with
Phase 'I of its Citywi.d.e Ima~in~ and Document Management System. Estimated-cost- fs $60,000,
with__$3Q_,000 due upon initial contract signing. . _
ORDINA~CE/ RESOLUTION REQUIRED: yES~ Draft Attached: YES~
Recommendation: ... Approval is recommended by the Director of Finance
Determination of Consistency wit~mprehensive P]~'a~: ~
N/A
City Attorney Review/ Recommendation (if applicable):
N/A
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO~ '[~'~%~
Funding alternatives: (if applicable)
Account No.-& Description: 334-6112-219-64.12 (R&R Fund) ..
Account Balance: $60~000 Os ~
City Manager Review:
Approved for agenda: / NO f~'~"/'l f'"~:~ :~h.~¥F--;"J~
Hold Until: ~~..~_~~ ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT
BY AND BETWEEN H.T.E., INC. AND DELRAY BEACH
SCHEDULE A - PRICING AND PAYMENT SCHEDULE
This Supplement is an amendment to the Original H.T.E., /NC. SOFTWARE LICENSE AND SERVICE
AGREEMENT dated October 17, 1985, between H.T.E. OtTE) and the Delray Beach (Customer). Unless
otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect.
HTE LICENSE No. Days TRAINING SUPPORT
LICENSED PROGRAMS FEES of Training FEES FEES
IBM On Demand For AS/400 $ 60,000.00 $ - $ -
(10 user system)
See "Package Offering Description"
IBM Spool File 3,000.00
IBM Hardware (IBM Direct) 1,080.00
HTE Templates 1,500.00
TOTALS $ 60,000.00 0 $ - $ 5,580.00
PAYMENT SCHEDULE DUE UPON DUE
TOTAL CONTRACT DUE AS AS
ITEM CONTRACT EXECUTION INSTALLED NOTED*
License Fees $ 60,000.00 $ 30,000.00 $ 30,000.00
Training Fees 4 days ~ $1,000/day 0.00 $
Support Fees - IBM Spool File 0.00 3,000.00
Support Fees - HTE Templates 1,500.00
Project Management
4 days ~ $1,000/day 0.00 0.00
GRAND TOTALS $ 60,000.00 $ 30,000.00 $ 30,000.00 $ 4,500.00
Application Support Services
The initial term of liTE application support services is applicable for one year from delivery of the Package and is at no
additional cost to the Customer. Subsequent terms of support will be for twelve (12) month periods, commencing at the
end of the initial support period and support fees will be due at that time at the then prevailing rate. Rates for
subsequent years of support service are subject to change.
Warranty - Third Party
Unless otherwise stated, Customer shall enter into separate purchase of maintenance agreements with each individual
hardware or third party software supplier for the equipment or software as may be provided herein. Warranty and
maintenance offerings by HTE for its Licensed Program(s) do not apply to any hardware or third party software
supplied under this Supplement. HTE does not make any warranties for any non-HTE products unless otherwise
provided herein.
Delray_a.doc 1
01/24/98
Travel and Living Expense
Actual and reasonable travel and living expenses are in addition to the prices quoted for the HTE Licensed Programs
and services and will be invoiced as incurred.
Application Training
The number of training sessions and the number of hours of training vary per applications. Listed above are the
number of hours for the Licensed Programs listed herein, and the standard fee per application. Additional application
training can be provided upon request by IBM. The fee quoted above does not include travel and living expenses.
Project Management
Project Management is included as part of this implementation and will be invoiced as incurred, at the standard billing
rate in effect at that time, which at the time of this Supplement is one thousand dollars ($1,000) per day. A mutually
agreeable work plan will be created by the HTE Project Manager and the Customer, and will be made a part of this
Supplement. Additional hours of Project Management, if requested by Customer, will be invoiced as incurred at the
then current HTE daily rate.
Cancellation Penalty
The Customer acknowledges that HTE makes every effort to schedule training and project management sessions
sufficiently in advance to obtain favorable travel and living costs, which are payable by the Customer. Any training or
on-site project management session canceled for the benefit of the Customer after being scheduled by HTE may be
subject to a penalty charge. HTE's current penalty charge for any on-site sessions canceled by the Customer within
seven (7) days of the date scheduled by HTE is fifty percent (50%) of the original cost of such service as provided
above. Fees for on-site sessions canceled within seventy two (72) hours of the scheduled date shall be fully due and
payable by the Customer. The charges and penalties quoted above do not include any direct fees or penalties incurred
by HTE resulting from such cancellation, including but not limited to non-refundable travel and living expenses, which
shall also be due and payable by the Customer. Notwithstanding the above, HTE will endeavor to reschedule HTE
personnel during the time canceled so as to reduce any subsequent penalty to the Customer.
Non-Hiring Statement
During the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement,
the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who
have been employed by HTE within the immediate past twenty-four (24) months without prior consent of HTE.
Prices quoted above will be honored through March 31, 1998.
By:CITY OF DELRAY BEACH By:H'T'E"'INC'~~~~ ~ .
Ck,~/~ /r]r~d~,~ 0~cv-~ 1/23/98
Title Date Title ~) ' ' ' Date
Delray_a.doc 2
01/24/98
H.T.E., Inc.
I.B.M.'s OnDemand for AS400 - a.k.a. RJDARS
Pricing and Offering Guide
H.T.E. Package Offering - Description
FROM I.B.M.
ON-DEMAND-400 SF~ol F'de Module
£nham:~d 5250 ~ ~abiY~ on ~ ~ ~T 1 d~ truini~ - I~
~ w.o.~a. ~ (~)
~l F~ M~uk ~na~ Ifl~ d~ SU~ U~ge sup~
H.T.E. Servl~,ea:
r~Ject ~ (4 day~)
Ol~lOn~: H.T.E, services for writing adclltlonal custom defined templates charged
at $1,000 per day (Typically 2 - :3 In a one di~ time perlocl).
The stamda~J conllguration of 52 g~l:~ytes i~ capab'm of s~r~9 3 m~bo~ pages .~ch ~rlar
formomll~n6y~r~. ~"y~ammq~mdlble ovarUmm. ,See pdolnggdd for momd~tafl.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY IVlg2XlAGERff/~
SUBJECT: AGENDA ITEM # g~/- REGULAR MEETING OF FEBRUARY 3, 1998
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JANUARY 29, 1998
Attached is the Report of Appealable Land Use Items for the
period January 19th through January 30, 1998. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated.
Receive and file the report as appropriate.
ref:apagmemo
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND'ZONING
FROM: /JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF FEBRUARY 3, 1998 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
JANUARY 19, t998 THRU JANUARY 30, 1998
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of January 19,
1998 through January 30, 1998.
This is the method of informing the City Commission of 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 City 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.
City Commission Documentation
Appealable Items Meeting of February 3, 1998
Page 2
A. Approved on a 5 to 0 vote (Young and Carbone absent), the
conditional use modification request to allow the demolition of an
existing 38,000 sq. ft. convalescent center containing 100 beds and
reconstruction of a 74,000 sq. ft. structure containing 114 beds at
Abbey Delray, located at the southwest corner of Congress
Avenue and Lowson Boulevard.
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 final action.
Approved (5 to 0), the preliminary plat and certified the final plat as being
consistent with the preliminary plat for The Fountains at Delray Beach, a
149-unit apartment complex, located on the west side of Military Trail,
approximately 1,400 feet north of West Atlantic Avenue.
· Recommended approval (4 to 1, Schwartz dissenting), of a rezoning from
R-l-AA (Single Family Residential) and RM (Medium Density Residential)
to CF (Community Facilities) for the Seacrest Boulevard Continuing
Presbyterian Church, located at the southeast corner of Seacrest and
Gulfstream Boulevards.
· Recommended approval (5 to 0), of a conditional use request to allow an
increase in the seating capacity from 123 to 330 seats and construction of
an off-site parking lot for the New Jerusalem Church of God in Christ,
located at the southeast corner of Lake Ida Road and Roosevelt Avenue.
· Recommended approval (5 to 0), of the abandonment of the alleyway
lying within Block 129, located on the south side of N.E. 4th Street,
between N.E. 8th Avenue and Palm Trail.
· Recommended approval (5 to 0), of an amendment to the Land
Development Regulations Section 2.4.6(H) "Temporary Use Permit" to
allow permits to be issued for the use of temporary parking lots within
portions of the CBD (Central Business District) zoning district.
City Commission Documentation
Appealable Items Meeting of February 3, 1998
Page 3
· Recommended approval (5 to 0), of an amendment to the Land
Development Regulations Section 4.4.24 to allow Residential Type Inns
as a conditional use in the OSSHAD (Old School Square Historic Arts
District; Section 4.4.13(B) to allow Residential Type Inns as a permitted
use in the CBD (Central Business District); Section 4.3.3.(X) pertaining to
special requirements for residential type inns; and Appendix "A"
Definitions.
1. Approved on a 7 to 0 vote, the architectural elevations associated
with a change in building facade material and addition of awnings
at the Leviathan Building, located at the northeast corner of East
Atlantic Avenue and Pineapple Grove Way (N.E. 2nd Avenue).
2. Approved (7 to 0), the architectural elevation plan associated with
request to increase the height of an approved two-story service
building from 38' 2" to 46' 10" at the Delray Lincoln Mercury
dealership, located on the west side of South Federal Highway,
south of Linton Boulevard.
3. Approved with conditions (7 to 0), the landscape plan for the
Camino Real Hotel/Marriott Expansion, located at the northwest
corner of East Atlantic Avenue and Ocean Boulevard.
4. Approved with conditions (7 to 0), a minor site plan modification
(Class III) associated with the relocation of a drive-thru teller area
for Nationsbank at the Old Harbor Office Center, located at the
southeast corner of Linton Boulevard and Federal Highway.
X. Approved on a 6 to 0 vote (Damiano absent), the request for a
Certificate of Appropriateness to allow facade changes to the
commercial structure known as "The Presidential Building"
located at 710 East Atlantic Avenue.
City Commission Documentation
Appealable Items Meeting of February 3, 1998
Page 4
Y. Approved (5 to 0, Turner left), the request for a Certificate of
Appropriateness to allow a color change at The Rectory, located
on the west side of Swinton Avenue, just south of Atlantic Avenue.
Z. Approved (4 to 1, Farrington dissenting), a request to waive the
required 5' landscape strip between a driveway and the south
property line for the apartment building, located at 24 Marine Way.
In other items, the Board recommended approval of the amendment to the
Land Development Regulations to allow residential inns as a conditional
use in the OSSHAD (Old School Square Historic Arts District) including
amendments to the Special Regulations regarding Residential Inns
(Section 4.3.2(X).
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR OULF S~EA. BLVO.
CITY COMMISSION MEETING
OF FEBRUARY 5, 1998
L-30 CANAL
!
LAKE IDA ROAD
i,-. N.W. 2ND
$.~.
ATLANTIC
LOWSON BOULEVARD
LINTON BOULEVARD
BOULEVARD
!
i
i
i i
i
i- ..... ..J
L-58 CANAL C-15 CANAL
cl~' L,M,'rs ........... S.P.R.A.B. P.&::Z.:
7. - L~ATHAN BUiLD,NC A. - ABBE~ DEL~¥
2. - DELRAY LINCOLN MERCURY
MILE
I .3. -- CAMINO REAL HOTEL EXPANSION
I
I
4. - NATIONS BANK.,---.H,P.R.'
SCALE
X. - 710 E. ATLANTIC AVENUE
N Y. - THE RECTORY
Z, - 24 MARINE WAY
CITY OF DELRAY BE, ACH, FL
PLANNINO DEPARTblENT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM #~'~- REGULAR MEETING OF FEBRUARY 3, 1998
AWARD OF BIDS AND CONTRACTS
DATE: JANUARY 29, 1998
This is before the City Commission to approve the award of the
following bids and contracts:
1. Purchase award in the total amount of $15,163.40 to Pifer,
Inc. for one Jr. Turf Truckster Model #898543 (via State of
Florida contract), one 16" Heavy Duty Sod Cutter and
Accessories Model ~544853B, and one Ryan Lawnaire 48" Model
#544876 (via GSA contract); with funding from 001-4511-539-
64.90 (Cemetery - Other Machinery/Equipment) and 001-4131-
572-64.90 (Parks Maintenance Other Machinery/Equipment).
2. Bid award in the amount of $104,960.72 to National Ambulance
Builders, Inc., under City of Boca Raton bid, for a 1998
Navistar International heavy duty fire/rescue transport
vehicle, with funding from 501-3312-591-64.20 (City Garage
Vehicle Replacement - Automotive).
ref:agmemo8
AgendaItemNo.: ~'U' l
AGENDA REQUEST
Request to be placed on: Date: January 16, 1998
_XX_Consent Agenda Special Agenda Workshop Agenda
When: February 3, 1998
Description of agenda item (who, what, where, how much): Purchase One (1) Jr. Turf
Truckster Model #898543 via the State of Florida Contract #070-840-98-1. One (1) 16" Heavy Duty Sod
Cutter and Accessories Model #544853B and one (1) Ryan Lawnaire 48" Model #544876 via GSA
Contract #GS-07F-9693G from Pifer, Inc. for a total cost of $15,163.40.
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Purchase One (1) Jr. Turf Truckster Model #898543 via the State of Florida
Contract #070-840-98-1. One (1) 16" Heavy Duty Sod Cutter and Accessories Model #544853B and one
(1) Ryan Lawnaire 48" Model #544876 via GSA Contract #GS-07F-9693G from Pifer, Inc. for a total
cost of $15,163.40. Funding from account code #001-4511-539-64.90 and 001-4131-572-64.90.
:: ::rrt~ennatt iHo ena:fS icgonna~ensl~~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: (~~O
Funding alternatives: .(if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: E~NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler, Buyer ~
THROUGH: Joseph Safford, Finance Director
DATE: January 20, 1998
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 3, 1998 - PURCHASE OF ONE (1) JR. TURF
TRUCKSTER MODEL #898543 AND ONE (1)HEAVY
DUTY SOD CUTTER WITH ACCESSORIES FOR
PARK MAINTENANCE DIVISION
Item Before Commission:
The City Commission is requested to approve the purchase of one (1) Jr. Turf Truckster Model
#898543 via the State of Florida Contract #070-840-98-1. One (1) 16" Heavy Duty Sod Cutter
and Accessories Model #544853B and one (1) Ryan Lawnaire Model #544876 via GSA Contract
#GS-07F-9693 G from Pifer, Inc. for a total cost of $15,163.40.
The Park Maintenance Division is requesting to purchase new equipment and replace old wom
out equipment to increase the mobility of the site crew. (Please see attached memo)
The Jr Turf Truckster is available for purchase using the State of Florida Contract #070-480-98-1
and the 16" Heavy Duty Sod Cutter and Ryan Lawnaire is available for purchase using the GSA
Contract #GS-07F-9693G. (Please see attachments)
Recommendation:
The Purchasing Staff concurs with the recommendation to purchase this equipment, from Pifer
Inc. for a total cost of $15,163.40. Funding for this equipment is from acccount codes #001-
4511-539-64.90 and 001-4131-572-64.90.
Attachments
Letter from Pifer, Inc. Dated 1/12/98
Memo from Park Maintenance Division, Dated 1/15/98
State of Florida Contract #070-480-98-1
GSA Contract #GS-07F-9693G
cc: Joe Weldon, Director of Parks and Recreation
Ray Eubank, Parks Superintendent
agenda.doc
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 40712~-7000
993
TO: Kmhy Bmler, Buyer
FROM: Ray Eubank Parks Supefintenden~
DATE: January 15, 199g
SUBJECT: Capital Purchases
The purchase of the Truckstar is to increase the mobility of the crew at the Cemetery. It
will allow them to work at two burial sites at a time. This is a new item not a
replacement unit.
The Ryan I,awnaire is also a new item and will be used to condition compacted turf areas
and athletic fields.
The sod cutter is a replacement mait ~br an older, worn-out unit.
The DinaDigger is a new item and is a power shoveI that will allow for more efficient
stump removal and root pruning of trees.
RE/sb
THE EFFORT ALWAYS MATTERS
Pifer International, Inc.
Ransomes ~
Cushman
Ryan Jacobsen, E-Z-Go, Cushman
Ail Golf Course Supplies Servfng the world since 1972
1350 Indiantown Rd. · Route 706 · Jupiter, Florida 33458 · Phone (561) 746-5321
Monday, January 12, 1998
RAY EUBANK/KATHY
CITY OF DELRAY BEACH
320 S.W. 4TH ST.
DELRAY BEACH, FLORIDA 33qa.~.
Dear KATHY:
THIS LETTER IS TO CONFIRM THAT PIFER, INC. WILL EXTEND TO THE CITY
OF DELRAY BEACH G.S.A. AND STATE CONTRACT PRICING ON THE FOLLOWING
ITEM S:
1-544876-RYAN LAWNAIRE 48"
1-544853B-RYAN 16" JR. SOD CUTTER
1-545504-ROLL DIVERTOR
1-544505-SULKY ROLLER
1-545395-ROLLING RAM CONVERSION
1-545637-SOD HOLD DOWN
STATE CONTRACT:
1-898543-JR. TRUCSTER
I HAVE ENCLOSED A COPY OF THE G.S.A. AND STATE CONTRACT FOR YOUR
REVIEW. PLEASE FEEL FREE TO GIVE ME A CALL SHOULD YOU HAVE ANY
QUESTIONS.
Sincerely,
BRYAN RIDDLE
SALES MANAGER
BR/nf
websito: www. pifer-internation al.corn
TOLL FREE 1-800-321-8374 Facsimile (561) 746-5510
e-maih pifer@pifer-intemational.com e-maih scottj@pifer-intemational.com
Serving Central & South America · Bahamas · Caribbean · Bermuda · Europe
South Florida
dAN. -14: 98 (WED.) 16':56 PIFER, INC. TEL:561-746-$510 P. O01
~NSOME~G~ 1997 CONTRACT PROPO~L
TU EQUIPMENT 1~S7 P~E LI$T EFFEC~VE'OCTOB~ t, ~996 ~.2 ....
540~5 , ~ 260.00 Ouln~ ~ine '~i[ 5 223,~0
5~72 I $ 7,g70.00 ~ree'~Jre 24,' 8 ~ ". S 6,~.~0
5~03 t S 170.00 ~inflro~ ' S 146.20
S 309.60
~676 : S 2,270,00 Ta~;~ an- S 1,725.20
~283A tS 3,245.0G ~a[a~y. 11 ~ ~hl~ _ S 2.466.20
~IN 34%25 ~ ;
5~260 "~ $ 18!_aa 1/32- Blade, 1/2' Soacin $ ~40.60
5~261 ~S 155.~0 1/32" ~la~e,. 1' Spacinq S 117.80
fl~282 -S ~70.00 1~6' Blades, 1_'_ Spacinq
~4873A 5 4.475.00 ~'tavaT ~erS'e~der ..
SIN 341-18
~8~8 5 3,~5,00 12' ar. Sod ~[ber 5 2.321.fl~'
6~845B' "' 5 3.215.00 [8" J¢. Soa ~a~e~_ S ._Z,~3.40
5~70 ~S' 200.00 ~o[e Blade [J[, 3~4' $' 152.00
5~73 ;S 220,00 Mole Blade Kit. 1
8a4853B- .5 7.~8Q00 16- Rea~ ~ty Sod ~er ~ 5,~0,80
548637 .... 'S" 50,00 Soa .~oZ~ ~ .... 'S
~5605' 5 1,000.00 Sul~ Roller
Page 4
dAN.-14'DS(WEDO 16:56 -PIFER, ING. TEL:561-746-5510 P. 002
RANSOMES/GSA 1997 CONTRACT PROPOSAL
CUSHMAN RYAN LAWN CARE EQUIPMENT las? OIST PR!CE LIST ~FF OCTOBER t, laSS
I
5-~4260 · $ 18.~.00 1/32" ~l~kdes,' 1)2= Spac[aq - ,$ 140.60
544261 I$ 155,00 1/32' Blldes, 11 SpaetA~ I $ 117.80
544269 , $ 245.00 1/8' Flail Blade, l' S~ac~nq 'i _. '--~$ 186.20
54487'3A !5 4.475.00 ]~ata~av Overs~er I 5 3.401.00
-544864A i $ g00.00 }en-~-~l?la 111, ~ 5 HI~ B~iqqs i ! $ §84.0~
544865^ · S 1~20.~0 Ren-O-Thin 1~., ,~ BP Bri~s IS 851~0
SIN 341-25 ! ,
544440 .$ 190.00 1/8' Blades, 2- S[3acin§ $ 144.40
545440 -$ 110_00 1/8" Flail Blades, 1' Spacin~ ~$ 83.60
544859 $ 1.600.00 l~m~ir¢ 36' _$__ 1.~16_00
544860 $ 1.955.00 · a~naire 36' ?o~ [ $ 1.485.80
341-25 ' ,
545554 $ 175.00 'ta~nual I~'i~'t ................ ~: $ 133.00
545~11 $ 3~5.0D Hydraulic ]~iit 262_20
544875 5 2.270.00 l.e~ma i r~_ [ $ t.725.20
544874B S 4.795.00 L~na',~e 28, 8 .;III~ Katrasa-~i ~- I$ 3-~4~:~'0
~44863B 5 1,920.00 ;l~a~-nai;e IV, 3.5 H1) Brig, s $ 1,459.20
544881A $ 2.320.0.0 I~a~r~aire 1¥, 4 HP HOnda $ 1,783~0
544883A $ 2.71000 La~na~e v, 4 liPt~onda , S 2.059.60
5~886 S 2.355.00 ~a~ai~e v, 3.5 ~ ~r{~S $ 1.789.80
~4S56 S 945.00 :~n[e ~rai let ......... S 71820
549316 5 155.~ Hb~[in~ Kit ~ S 117.80
Page 5
070-840-98-1 = Vehicles, Small Utility, ATV's... Page I of 1
Vehicles, Small Utility, ATV's & Motorcycles
070-840-98-1
Effectfve: 10/1/97 through 9/30/98
Certification
Special Conditions
Specifications
Price Sheet
Orderin~ Instructions
Complete Contract
State Contracts M~n Index
Contractors:
Ordering Information Vendor URL
Adamec's Harley Davidson http://www.harley-davidson.com
Club Car. Inc.
Di~;k Farmer's Harley Davidson
Golf Ventures. Inc. http://www.cushmanco.com
Harley Davidson of Miami
John Deere Company http://www.dx.deere.com
Pifer. Inc.
Sky Powersports
Watertoys USA
IMAIN INDEX I One-Step Purchasing I Passwnrd I Accnunt Status I HELP
Please send comments or questions to Division q/Purchasing
Wednesday, January 14, 1998 2:50 PM
070-840-500 Utility Vehicle, Off-Road, 3 Whe... Page 1 of 3
070-840-500 Utility Vehicle, Off-Road, 3 Wheel, Gas
070-840-500 UTILITY VEHICLE, OFF-ROAD, THREE WHEEL, GASOLINE, 1500 LBS PAYLOAD
REPRESENTATIVE MODELS - CUSHMAN JR. TURF-TRUCKSTER MODEL 898543, E-Z-GO GXT1500,
JACOBSEN 2015 OR APPROVED EQUIVALENT
NOTE: This detailed specification is not complete unless it is used in conjunction with Specification Number SRUV-1,
Special Requirements All Utility Vehicles.
INTENDED USE
USED PRIMARILY FOR GROUNDS MAINTENANCE APPLICATIONS. THIS VEHICLE CAN ALSO
TRANSPORT UP TO TWO OCCUPANTS.
10. ENGINE:
A. Minimum two cylinder, 4 cycle, air cooled gasoline engine. Minimum 18 liP.
B. Adequate muffler and sound suppression, so noise level at operator's ear is 85 dB(A), maximum, with or
partial or complete enclosure. (Dealer modification permitted).
C. Electric starter on engine, minimum 12-volt.
D. Manufacturer's standard charging system and battery.
20. TRANSMISSION: 3 forward, 1 reverse synchromesh gears, minimum.
30. AXLES AND SUSPENSION:
A. Front: Leading link type supported by two tension springs, or dual torsion block with heavy-duty coil sp
shock absorbers.
B. Rear: Multiple leaf type springs or heavy-duty transverse springs; and shock absorbers.
40. PERFORMANCE ITEMS:
A. Travel speed, 18 mph, minimum.
B. Hourmeter (may be installed by the dealer, if not available as factory installed).
50. COMFORT ITEMS: Seat to be foam padded with backrest.
60. SAFETY ITEMS:
A. Electric horn.
B. Service brakes, heavy-duty hydraulic internal expanding or disc/caliper type.
C. Parking brake, standard configuration.
D. SMV (slow moving vehicle) emblem mounted on rear (may be installed by the dealer, if not available as
installed).
E. Vehicle to have two (2) headlights; stop/taillight(s).
F. Front bumper (may be installed by the dealer, if not available as factory installed).
70. TIRES & WHEELS: Manufacturer's standard tires and wheels.
80. FRAME, CAB, CHASSIS:
A. "Pickup" type dump body (may be installed by the dealer, if not available as factory installed), to be a mi
approximately 46 inches wide, 44 inches long, 12 inches deep. Body to be supplied with a hydraulic hois
with all necessary controls, cylinder, fittings, lines, etc.
B. Total payload 1500 lbs., minimum, includes operator, passenger and cargo.
C. Seating for two (2) occupants, minimum.
D. Manufacturer's standard paint and color.
90. CONDITIONS:
A. At a minimum, the manufacturer's standard warranty for state and municipalities shall be provided. A co
warranty shall be provided with the bid.
B. Any and all non-specified features or components required necessary in order to provide a complete unit
provided by the vendor.
C. See Special Requirements All Utility Vehicles (SRUV-1).
070-840-500 MAKE (GV~ Cushman - Jr. Truckster
MAKE (PF~ Cushman
CONTRACTOR DISCOUNT* MODEL PRICE
Western District Golf Ventures O 543 $5.894.00 (A)
Northern District Golf Ventures O ~4~ $5.894.00 (B)
Central District Golf Ventures O 543 $5.894.00 (C)
Southern District Pifer O 89543 $5.895.00 (D~I
Wednesday, January 14, 1998 2:52 PM
AGENDA REQUEST
Date: January 26, 1998
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: February 3.,_ !998
Description of item (who, what, where, how much]: Purdhase of. heavy duty,
rescue/transport wehicle from National Ambulance, from .joint bid with the City of
.~oca Ra..ton, for the amount Of ~104~960.72 Bid was for 18 month dllrflt~on to
holdin8 price to same level.
(Example: .Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/-' RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval with lundin§ from line item 501-3312-591-64-20.
(Example: RecOmmend. approval with funding from Special Events AccOunt
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budqet Director Review (requir~ on all items involving expendit~e
of f~ds}:
Funding available: ~E~/ NO
Funding alternatives~ (if applicable}
Account No. & Description:
Account Balance:
City Manager Review:
~pproved for agenda: ~/NO/~Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
£1T¥ DF DELRI:I¥ BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993
TO:David T. Harden
City Manager
FROM: o~Robert A. Barcinski
X '~ Assistant City Manager
DATE: lanuary 28, 1998
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 3, 1998
BID AWARD - FIRE RESCUE VEHICLE
ACTION
City Commission is requested to approve a bid award with National Ambulance Builder, Inc.,
under the City of Boca Raton Bid #97-054 for a heavy duty rescue transport vehicle in the
amount of $104,960.72. Funding is available in account #501-3312-591-64.20 "City Garage-
Vehicle Replacement."
BACKGROUND
The Fire Department is proposing to replace vehicle #9065, a 1990 Ford E-350, with a Navistar
International. The replacement vehicle is available through the City of Boca Raton bid at the
same price as the vehicle we ordered last summer. We do not anticipate delivery until
December 1998. I have also been informed by Chief Widgerson that if we wait to order this
vehicle, the price will be going up by about 10%.
RECOMMENDATION
Recommend the purchase of a 1998 Navistar International heavy duty fire/rescue vehicle
under the City of Boca Raton bid #97-054 in the amount of $104,960.72 with funding from
account #501-3312-591-64.20.
RAB/sdl
cc: Hoyt Owens
File:u:sweeney/agenda
Doc:012798d.doc
THE EFFORT ALWAYS MATTERS
~PrintedonRecycledPa[,er
[lTV OF DELRfl¥ BEI1[H
FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGH ANDBEACH
o~t~^v S~^CH M E M O R A N D U M
Ali. America City
FROM: ROBERT B. REHR, FIRE CHIEF
1993
DATE: NOVEMBER 10, 1997
SUBJECT: PURCHASE - REPLACEMENT RESCUE VEHICLE
I am requesting that we proceed with our planned FY 1997/98 purchase of the
second, heavy duty rescue/transport vehicle from our joint bid with the City of Boca Raton,
Bid No. 97-054.
I have just been notified (11/5/97) by National Ambulance Builders, our purveyor,
advising us there will be a manufacturing delay in the production of the Navistar
International Chassis, due to a large government contract. This is the chassis used for our
rescue vehicle. We will need to place our order now, in order to get delivery by June 1998.
(See attached letters from National and International)
As an update on FY 96-97, PO#560174, our chassis should be delivered to National
before 11/28/97 and completion of the body within 120 days after delivery of the chassis.
I would like to request that we not take the trade-in option of $4,500. on this vehicle,
instead, I would prefer we keep the vehicle and use it as another back-up vehicle. In just
the past 90 days, 3 times, we have had three rescue vehicles out of service, at the same time,
for breakdowns. This will give us an edge, having a total of three spares, as our transports
increase.
If you concur with these proposals please advise me so I may proceed with the
preparations.
Fire Chief
Attachments - 2
cc: R. Barcinski, Asst. City Manager
H. Owens, Director of Service
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
' PI610U02~ City Of Delray Beach Florida 11/11/97
Number : 0000057799 Purchase Requisition 11:00:06
: Purchase Requisition - Item Information :
: Type information, press Enter. :
Line number : 1 :
Item desc .... HEAVY RESCUE TRANSPORT VEHICLE TO RAG BOCA RATON :
Vend .....................................................................
Comm : Type information, press Enter. :
: Sub- : Item extended description :
: Item : BID~ 97-054 EMERGENCY MEDICAL CARE BID BY CITY OF :
: Re : ~QCA RATQN. THIS BID IS GOOD FOR 18 MONTHS FROM :
: Ship : THE DATE OF ISSUE OF THE 1ST PO WHICH WAS 8/25/97. :
Quan : SEE SPECIFICATIONS FOR FULL DETAILS OF VEHICLE FOR :
: Orde : T~E CITy OF DELRAY BEACH. WAS APPROVED BY CITY CO :
: Cost : MMISSION ON 8/5/97, ITEMS ~ 8.N.2 :
: Unit : WAS UNDER ACCOUNT 501-3312-591-64-20 :
: Acco : :
Proj : :
:
: F8=E : :
: : F12=Cancel F22=Sequence numbers on/off :
: ....... : ................................................................... :
FROM : PHONE NO. : Now. 05 1999 04:25PM Pi
NATIONAL AMBULANCE BUILDERS
November 5, 1997
Delray Beach Fire Department
501 West Atlantic Avenue
Delray Beach, Florida 33444
Attn. Assistant Chief Wigderson
Ref. Chassis delay
Dear Sir,
This notice is to inform you of a manufacturing delay in
the production of all Navistar International chassis due to a
government contract involving ALL MODELS of Allison
transmissions. I am sending you a copy of the letter I received
from our Intez~ational dealership. Current production (at the
Interna.tional factory) may be as late as June or July with
conversion taking approximately 90-120 days after receipt of the
chassis by our factory. It is believ~ that aftem the first of
the year the transmission delay may not be as drastic as
speculated, but this is their current planning strategy. I wall
keep you informed as to any changes to this current status. I£
oa~ be of any furth~ assistanc~ pleaze don't he~itate to call
Sincerely,
Brook Davenport
Regional Sales Manager
230 NORTH ORTMAN DRIVE
ORLANDO, FLORIDA , 32805
(407) 299-0064
FROr.I : PHONE NO. : Nov. 05 1997 04:23PM P2
,4~~ MOORE INTERNATIONAL, TRUCK~ INC.
BU$1NI~i~i; OFFIGE:
?EL. 81~411
Oc.:obet 27,. 1
230 N. Or.an
, Drlando, FL 32865
Please ~ advised ~a~ Navtsta~ ~nterna%ion~l is expertenctn~ product-*'
(on delays ~ treks sp~'ed with Allison Automatic ~ransmts~lons.
We a~e bein~ advised that p~tton-with the A*? ~5 transmtssion~ will
~ butl~ tn Oune or Ouly of 1998. This could be )reproved de~ndtng
u~ Allison ~teppin~ up
~he ~ and AT Series ~h~ld ~ ~laced in~ March production, depending
on earl~ ~eceip% of orders.
We mre so~ry for the inconvience, but it is not in our control.
1 nce~.el y,
Hol 1 and ~,i ngerfel~
Sale~ Representat!ve
HL
+4072437166 C~TY OF DELR~Y BE~CH 192 P02/0~ NOU 11 '9~ 1~:~
FROM .* I~ HO. : Sul. ~ 1997 88.'5-~ P1
July ?.2, 1997
Bro~k ~
R~iort~ sates Manage~
Nati¢xml Ambulance Etuilde~
+40724~?166 CITY OF DELR;qY BERCH 192 P0~/0~ NOU 11
., Nationall Wheeled Coach Road'Rescue "Fkst Response Excellance
I ' l~o~..a Base ~15820.06 "117619.60 119975.00 12'5361.00 13'6207..00
=2 ![~.,elray Base 117757.37 ,, 1,17.36'9:00 121975.00 12~911..00 14'5~.2-~.-.-.-.-.-.-.-.-~
Boca Fac Disc -5791.00
.,, Delray F_ac Disc -5887.86 ..........
Boca'COD Pay -2895.50 ............
,, Delray COD Pa)/ -2943.93 .......... "
Delivery Charg_e'_ ....... ",.','," 2000.00
..... Perform. Bond 3405.00
Boca A,.,d..J. "' 106633..~ 1,41607.00
Delary_.Adj 108925.58 150634.00
I;~_~__1_ Boca Tmd'~" -3000.d0 -3254.0~ -1500.00 ,, 0.00 -2000.00
2-2 ....... DelCay Trade ,,,-4500.00 ....... ,-8449.00 -1500.00 0:0,,,0,
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3-2 B&W TV / ~ '~' 2305.00 1800.00 3175.00 3831.00
3-3 Power locks .............. 1300.00 1166.00 1500,-00 1650.00
3-4 Kicker .... n/a n/a 1150.(J~ 1108.00
3-5 Hepa Filter ~ -471.90 N/C 440.00 ..... 12~5.00 ' .-- "~a
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3-13 Stretcher 459,.0,,0 403.00 n/a 459.00 413.00
3-14 Extd,.c~, ,U,,on 258.00 109.00 121.00 258~00 278.00
3-15 Trac ,,,S.p!int 214,,.00 180.~'~) n/a '214.00 1~'4'i00
3-16 Vac Splint 279.00 76.00 nla 73.00 251.00
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3-22 cpR Board 84.21 65.00 n/a 125.00 75.00
3-23 02 Reg,.u, !ator ...... 147.00 352.00 314.00 172.00
3-24 Flow Meter 84.00 264.00 226.00 210.00
3-25 ",.Pry Axe ..... . ..... 163~00 '"~'90.00 170.00 150.00
3-26 Walkth ru 1700.00 -100.00 1500.00 N/C
3-27 Power EveCythin~ .............. 868.00 920,00 N/C N~C
3-28 Slide Out Tray n/a 840,00 ' 350.00 666,00
3-29 Extended 'Cab 8000.00 6957.00 4247.00 ---6~'7.00
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3-31 Motorola Radio 3004.00 "'Wa 3200,00 3274.00 "' 26i'i.00
3-32 Upgraded mrans 1842~45 .... 2908.0._0. ~_'"' ,.'i',,2.7, 63.00 ....I~I')C 2763.00
_3-_33 Compt, Modificat 275.00 N/C N/C 350.00 ' N/A1
Church of in Chris[
139 No~w~t 5th ~venue
Delra~ B~ch, ~ofida 334~
Herbe~ Young, Pastor
Chur~ Numbs: 407-27~25 Pastor Number: 407-276-7931
February 3, 1998
City Of Delray Beach
City Commissioners
The members of New Jerusalem Church Of God In Christ request
the use of additional parking on the east side of the church
for the grand opening, and to park approximately two (2) times
a month over a six (6) month period for fund raising programs
to complete the parking lot.
The church has been approved for 123 seats, the additional 207
seats is to ~.( off and not be used until the
be approved or oped
additional parking lot has been completed.
Within six (6) months of the conditional use mQ~ifi~atio~-~£~
approval, the associated parking improvements and cross-access
driveway will be completed.
However if approved we will clear the land and make suitable
for parking as suggested by City Engineer Randal Krejcaret.
Sincerely,
Reverend Herbert Young, ~hstor
Ma~~ G~a 5%!~~h Secretary
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~'- REGULAR MEETING OF FEBRUARY 3, 1998
CONDITIONAL USE MODIFICATION FOR NEW JERUSALEM CHURCH OF
GOD IN CHRIST
DATE: JANUARY 30, 1998
This is a request for conditional use modification to allow an
increase in seating capacity to 330 seats for the New Jerusalem
Church of God in Christ located at the southeast corner of Lake
Ida Road and Roosevelt Avenue. Part of the modification includes
the provision of additional required parking in stabilized sod on
vacant property adjacent to that owned by the Church. In order
for traffic to circulate between the two lots, a driveway must be
constructed across a City-owned retention area. This will require
a cross-access easement and modifications to the retention area.
The applicant also requested that services be allowed in the
church prior to completion of the stabilized sod parking area
since the church would not have the funds to install the
improvements for at least six months. Please refer to the
attached staff report for background and a complete analysis.
The Planning and Zoning Board considered this request at a public
hearing on January 26, 1998. After discussion, the Board voted 5
to 0 (Carbone and Young absent) to approve the conditional use
modification subject to the conditions recommended in the staff
report. As to Reverend Young's request to defer the stabilization
of the lot, the Board felt that either the parking lot must be
stabilized or the seating in the church be limited to the approved
123 seats.
The City Engineer has visited the site and provides his
observations in the backup material. As a result of his review,
an additional condition has been added to the recommendation for
approval. This condition states that the church will incur the
costs associated with the modifications to the drainage retention
area to accommodate the cross-access driveway.
Recommend approval of the conditional use modification for New
Jerusalem Church of God in Christ, based upon positive findings
and subject to the conditions outlined in the City Commission
Documentation Recommended Action.
ref:agmemol2
TO: DAVlDT. HARDEN, CITY MANAGER ~ ~~
THRU: DIANE DOMINGUEZ, P & Z DIRECTOR~ ·
FROM: JEFFREY A. COSTELLO, SENIOR PLANNE
SUBJECT: MEETING OF FEBRUARY 3, 1998
CONDITIONAL USE MODIFICATION FOR NEW JERUSALEM CHURCH
The subject property is located at the southeast corner of Lake Ida Road and Roosevelt
Avenue, and contains 1.56 acres. The west portion of the property contains a 5,500 sq.ft.
church (under construction) that was approved with a seating capacity of 123 people and 44
parking spaces. The east portion of the property consists of an access tract owned by the
church and a vacant parcel which is under separate ownership. The church is proposing to
expand its capacity to 330 seats, and provide the additional required parking in stabilized sod
on the adjacent vacant property. In order for traffic to circulate between the two lots, a driveway
must be constructed across the City-owned retention area, which will require a cross-access
easement and modifications to the retention area. Additional background and an analysis of
the request is found in the attached Planning and Zoning Board Staff Report.
The Planning and Zoning Board considered the request at a public headng on January 26,
1998. There was no public testimony regarding the proposal. Reverend Herbert Young,
applicant, stated that the additional pews have already been installed. He asked that he be
allowed to hold services in the church prior to completion of the stabilized sod parking area, as
the church would not have the funding to install the improvements for at least 6 months. He felt
that the vacant lot was sufficiently compacted at this time to support vehicles. After discussing
the proposal, the Board voted 5-0 (Carbone and Young absent) to approve the conditional use
modification subject to the conditions recommended in the staff report. As to the Reverend's
request to defer the stabilization of the lot, the Board felt that either the parking lot must be
stabilized, or the seating in the church must be limited to the approved 123 seats.
The Board recommended that the City Engineer visit the site prior to the City Commission
meeting to determine if the lot could support vehicles in its present condition. A memo from
City Engineer, Randal Krajcarek stating that the site needs to be graded and improved prior to
use is attached. A memo has also been provided from the City Engineer which states that the
drainage retention area can be modified to accommodate the cross-access driveway in a
manner that will not negatively impact its retention capacity. An additional condition should be
added to the approval of the project which clearly states that the church will incur the costs
associated with the modifications to the drainage retention area to accommodate the driveway.
City Commission Documentation
Meeting of February 3, 1998
New Jerusalem Church of God in Christ - Conditional Use Modification
Page 2
By motion, approve Conditional Use Modification request for New Jerusalem Church of God
in Christ based upon positive findings with respect to Section 3.1.1 (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 application be submitted which addresses the "Technical
Items" identified in the Staff Report;
2. That the seating capacity be limited to 330 persons;
3. That prior to issuance of a Conditional Certificate of Occupancy, an off-site parking
agreement, and ingress/egress and cross-access easements must be executed;
4. That prior to issuance of a Conditional Certificate of Occupancy, the improvements
associated with the stabilized sod parking lot must be installed, except landscaping, or the
seating capacity must be limited to 123 seats until such time as the improvements can be
completed; and,
5. That all costs as associated with the modifications to the drainage retention area to
accommodate the cross-access driveway are the responsibility of the church.
· Attachment: P & Z Staff Report and Documentation of January 26, 1998
City Of Delray Beach. ,e .nme., of Environmental Services
MEMORANDUM
I
TO: Diane Dominguez
Director, Planning & Zoning Department
FROM: Randal L. Krejcarek, P.E. /'~-~-r.~
City Engineer /
DATE: 28-Jan-98
SUBJECT: Comments Regarding Proposed Parking Lot for
New Jerusalem Church of God in Christ
Roosevelt Ave (~ Lake Ida Road
I have visited the above referenced site in regards to the proposed grassed parking lot
and offer the following comments ·
1. In order to sufficiently support the wheel loads proposed on this parking lot, a
minimum of 6" of base course should be installed. Any typical section
utilizing anything less than 6" of base course will result in significantly higher
maintenance costs.
2. The site appears to be draining to the south east. A proper grading plan
needs to be submitted in order to insure that the run off from the lot is
directed toward the detention pond, which abuts the proposed parking lot on
the north.
If you have any additional questions please feel free to call me at x7322.
Thanks!
cc Richard Hasko, P.E., Director of Environmental Services
City Of Delray Beach
MEMORANDUM
TO: Diane Dominguez
Director, Planning & Zoning Department
FROM: R.nd.I L: Krejo.rek, P.E./~)~
City Engineer
DATE: ?.9-Jan-g8
SUBJECT: Comments Regarding Filling in a Portion of the Existing Retention
Area Just east of the
New Jerusalem Church of God in Christ
Roo.evelt Ave ~ Lake Ida Road
~ _ . mm, ~ml~ I 1 .... , ,lll~lll,ll"~l l iiI . II 1,11 il.retail ,m
I have reviewed the available storage in the existing retention area located just north of
the proposed stabilized sod parking lot for the above referenced church. Filling in the
south western comer of this retention area will have no adverse impact on the required
capacity of this retention area. Care should be exemised in protecting the existing
structure located in the north eastern corner of this ~etention area.
If you have any additional questions please feel free to call me at x7322.
Thanksl
cc Richard Hasko, P.E., Director of Environmental Services
$:~,.,'de~ng~_,hpa,'k2.rnern
-PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: January 26, 1998
IAGENDA ITEM: V.B.
ITEM: Conditional Use Approval to Allow an Increase in the Seating Capacity
from 123 to 330 Seats and Construction of an Off-site Parking Lot for
the New Jerusalem Church of God in Christ, Located at the Southeast
Corner of Lake Ida Road and Roosevelt Avenue.
GENE~L DATA:
OWners ..... : ........................................... ~llie and Erma Wright & New Je~salem Church of God in Christ
Applican~Agent .................................... Reverend HerbeA Young
New Jerusalem Church of God in Christ
LOcation ..... ; ........................................ Southeast corner of Lake Ida Road & Roosevelt Avenue
prope~ S~e ............................ ' .......... 1.56 Acres
Future Land Use Map.. ........................ Low Densi~.Residential (0-5 du/ac)
Current Zoning ................................... R-J-A (Single Family Residential)
Adjacent Zoning ........................ No~h; R-J :A & PRD4 (Planned Residential Development - 4 du/ac)
East; R-J-A
South: R-J-A
West: R-J-A
Existing Land Use .............................. A 5,500 sq.~. church facili~ with a seating capaci~ of 123 people, 44 parking
spaces and associated landscaping, and vacant land.
Proposed Land Use ............................ Increase the seating capaci~ of the church to 330 and construction of an off-
site parking Icl (40 spaces) on the adjacent prope~ ( east of the church).
Water Se~ice .................................... N/A.
Sewer Sewice .................................... N/A.
V.B.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use modification approval for
New Jerusalem Church of God in Christ, pursuant to Section 2.4.5(E).
The subject property is located at the southeast corner of Lake Ida Road
and Roosevelt Avenue.
Modifications to Conditional Use Approvals are processed pursuant to
LDR Section 2.4.5(E)(7). Modifications which involve intensity of use or
hours of operation must be approved by the Planning and Zoning Board
(as opposed to staff approval). If however, the Board deems that the
modification is significant, then the modification must be heard as a new
Conditional Use application, requiring formal notification, public hearing,
and final action by the City Commission.
Given the extensive nature of the changes associated with this conditional
use modification, and the fact that the use area is being expanded, this
request has been processed as if it were a new application. Thus, if the
Board finds that the changes are significant, the request can be forwarded
to the City Commission without delay.
The subject property incorporates three Unplatted parcels of land containing a total of
1.56 acres. The west portion of the property (0.73 acres) contains a 5,500 sq.ft, church
facility with a seating capacity of 123 people and 44 parking spaces. The east portion
of the property consists of a .17 acre 20' wide tract of land which is owned by the
church. The 0.66 acre parcel .is currently vacant and is under separate ownership. The
0.66 acre parcel is a portion of a larger 1.88 acre parcel which contains 6 duplexes on
the east half of the. property.
West Parcel (Existing Church Propert-v.)
At its meeting of October 13, 1992, the City Commission granted conditional use
approval to establish a 6,645 sq.ft, church which included a 123 seat sanctuary, dining
room and kitchen for special events as well as 41 parking spaces, on the 0.73 acre
parcel. On March 22, 1994, the City Commission granted an extension of the
conditional use approval. On October 19, 1994, the Site Plan Review and Appearance
Board granted site plan approval for the development proposal to construct a 5,500
sqoft~ church facility with 44 parking spaces. Construction of the church is nearing
completion.
P&Z Board Staff Report
New Jerusalem Church of God in Christ - Conditional Use Modification
Page 2
On June 18, 1996, the City Commission approved an easement deed from the Church
for a 12' wide drainage ea. sement along the north portion of the church property to
~ermit the installation of portions of the Roosevelt Avenue drainage improvements.
East Parcel
As previously stated, the east 0.66 acres is the west portion of an overall 1.88 acre
parcel containing 6 duplexes on the east half of the parcel. The 1.88 acre parcel was
annexed into the City on October 11, 1988, with the R-1-A (Single Family Residential)
zoning designation as part of the annexations conducted via the Enclave Act (Enclave
#22). The 6 duplexes were constructed while under Palm Beach County jurisdiction. At
the time of annexation it was identified that the duplexes were nonconforming as they
exceeded density requirements, and duplexes are not permitted in the R-1-A zoning
district. There has been no recent land use activity with regard to the subject property.
The church is leasing this property for purposes of establishing a stabilized sod parking
area.
A request (application) for Conditional Use modification approval was submitted to
increase the seating capacity and install additional parking, and is now before the
Board for action.
The development proposal includes the following:
Q. Increase the sadctuary seating capacity from 123 to-330 seats; and,
Q Establish a 66-space stabilized sod parking area on the abutting vacant 0.17 and
0.66 acre parcels of land east of the church property.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.So)
Pursuant t° Section 3.1.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain findings must
be made in a form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny the
development application. These findings relate to consistency with the Future
Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance
with the Land Development Regulations.
P&Z Board Staff Report
New Jerusalem Church of God in Christ - Conditional Use Modification
Page 3
With the original conditional use and site plan approval of March 22, 1994, and October
19, 1994, positive findings, were made with respect to the Future Land Use Map,
~;oncurrency, Comprehensive Plan Consistency, and Compliance with the Land
DeVelopment Regulations. The proposal to increase the seating capacity from 123 to
330 seats and install additional parking, does not affect those previous findings.
However, as the proposal almost triples the seating capacity of the church and doubles
the site area, the proposal is being processed as a new Conditional Use and is
therefore subject to LDR Section 2.4.5(E)(5) (Required Findings). The following is
provided with regard to the proposed conditional use modification request.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of Low Density
Residential 0-5 du/ac and a zoning designation of R-I-A (Single Family Residential).
The R~I-A zoning district is consistent with the Low Density Residential Future Land
Use Map designation. Pursuant to Section 4.4.3(D)(2), within the R-I-A zoning district,
churches, places of worship, and their attendant educational, nursery, Sunday school,
recreational, and columbarium facilities are allowed as a Conditional Use within the R-
I-A zone district. Parking is allowed as an accessory use to the church. 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.
The proposed improvements will not have an impact on water, and sewer demands,
and will not generate additional solid waste which would impact the County's landfill.
Also, the proposal will not create a need or impact on the parks and recreation
facilities level of service standard. With regard to drainage, with the site plan
application a preliminary drainage plan must be submitted for the stabilized sod parking
area, which will be primarily impervious. There are problems anticipated meeting South
Florida Water Management and Lake Worth Drainage District requirements. With
regard to traffic the average daily trips are based upon the total square footage of the
structure and not the seating capacity. The ITE (Institute of Traffic Engineers) manual
calculates trips utilizing a worst case scenario based upon the building's square
footage, not seating capacity. As there is no additional floor area being created within
this proposal, the vehicular trips generated by the church (56 trips) will not increase.
Based upon the above, positive findings can be made with respect to concurrency.
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
P&Z Board Staff Report
New Jerusalem Church of God in Christ - Conditional Use Modification
Page 4
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the goals, objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objective was found.
Land Use Element Objective A-1 - 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 complimentary to
adjacent land uses and fulfills remaining land use needs.
A. Physical Considerations There are no special physical or environmental
characteristics of the land that would be negatively impacted by the proposed use.
B. Complimentary with Adjacent Land Uses - The proposal will be complimentary to the
existing church uses to the west. The property to the north is a drainage retention
area, and across Lake Ida Road is a single family subdivision. To the east are
existing duplexes, and to the south are single family homes. The development
should not significantly impact the residential properties in the area provided the
existing church parking lot and proposed parking lots are connected. This is
discussed further under LDR Section 2.4.5(E)(5) (Required Findings). While most of.
the traffic generated by the use will come from the neighborhood to the south, it is
relatively minor (56 trips) and will Primarily occur one day a week. There are
landscaping req.uirements in place which buffer the proposed parking lot from the
abutting residences i.e. trees 25' on center with a hedge.
C. Fulfills Remaining Land Use Needs - The additional seating capacity and parking
will serve a growing congregation which is temporarily meeting in a commercial
building. It is an appropriate use of property given its proximity to Lake Ida Road,
and will provide a buffer between the road and the single family homes to the south.
SECTION 2.4.5(E)(5) 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.
P&Z Board Staff Report
New Jerusalem Church of God in Christ - Conditional Use Modification
Page 5
The subject property is bordered on the south, east and west by the R-I-A (Single
Family Residential) zone district. To the north is zoned R-1-A with PRD-4 (Planned
~Residential Development-'4 du/ac) zoning across Lake Ida Road. The existing land
uses are: to the south are single family residences; to the east are duplexes; to the
west is a church (Lake Ida Church of Christ); and, to the north is a drainage retention
area, and across Lake Ida Road is a single family residential development currently
under construction.
Compatibility with residential properties to the north is not a major concern. Those
properties contain a 5' high cbs wall along the south side of the development and are
separated from the proposed parking lot by Lake Ida Road and a 175' wide drainage
retention area. However, compatibility with the adjacent residential properties to the
south and east is a concern. As currently proposed, access to the stabilized sod
parking area is only provided from a 20' wide substandard driveway which exists along
the south side of the duplexes and north of the single family residences, and exits onto
N.W. 10th Avenue. There is not a driveway or pedestrian connection providing traffic
circulation between the church's main parking lot and the stabilized sod parking lot. If
the primary parking lot is full, congregation members and visitors must travel around the
block to access the parking lot, which will further impact the adjacent residential streets.
Aisc, it requires all the vehicles accessing the stabilized sod parking lot to utilize the
substandard driveway, which should only be used a secondary driveway. If the
conditional use is approved, it should be with the condition that the driveway and
pedestrian connections be made between the existing church parking lot and the
proposed church parking lot. As the driveway connection will cross the southwest
corner of the City-owned drainage retention area, an easement must be obtained from
the City. The parking lot will be adequately buffered from the adjacent properties
through the installation of trees every 25' and hedges on the north, south and east
property lines of the parking area. Provided the cross-access is installed and the
attached conditions of approval are addressed, the proposal should not have an
adverse effect upon the stability of the neighborhood nor should it hinder development
or redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, a site plan modification submittal complying
with the Land Development Regulations will follow. Along with the Conditional
Use request, a sketch plan was 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 have transmitted to the applicant and will
need to be addressed with the full site plan submittal.
1. Pursuant to LDR Section 4.6.9(C)(6)(c), churches must provide parking at a rate of 1
space for every 3 seats. As the proposed seating capacity is 330 seats, 110 parking
spaces must be provided. Currently, 44 parking spaces exist on the site. The 40
additional parking spaces indicated on the attached plans were based upon the
P&Z Board Staff Report
New Jerusalem Church of God in Christ - Conditional Use Modification
Page 6
original request of 256 seats, which has since been modified to 330 seats. The
plans must be modified to accommodate 66 parking spaces on the vacant property
-~.. to the east, not 40 as p'roposed. With the site plan submittal, the required parking
must be indicated.
2. An asphalt driveway connection must be provided from the existing church parking
lot to the proposed stabilized sod parking lot, to allow continuous circulation
between the parking ~ots. In order to accommodate the driveway connection, a
cross-access easement must be obtained from the City.
3. If the conditional use is approved, a landscape plan in compliance with LDR Section
4.6.16 must be submitted with the site plan application. The plan must include trees
every 25' and hedges along the north, east and south property lines of the subject
property.
4. The proposed handicapped accessible parking spaces must be constructed of a
hard surface i.e. asphalt, and a sidewalk must be provided from those spaces to the
handicapped ramp on the north side of the building.
5. The landscape islands must be protected by type "D" curbing. The plans must
indicate curbing.
6. Wheel stops must be provided within the stabilized sod parking area.
7. The stabilized sod parking lot must be constructed per engineering standards.
8. While stabilized .sod Parking is allowed, the drive aisles should be asphalt in order to
prevent maintenance problems.
9. Pursuant to LDR Section 4.6.16(H)(3)(d), along the south side of the property, a 5'
wide landscape strip must be provided. A 5' wide strip has not been indicated.
10. In order to eliminate the portion of the perimeter landscape strip to accommodate
the cross-access easement, a waiver to LDR Section 4.6.16(H)($)(d) must be
requested with the site plan submittal.
11. Site lighting must be provided within the stabilized sod parking area in conformance
with LDR Section 4.6.8.
12.As the existing asphalt driveway accesses the residential units on the east side of
the property, an ingress/egress easement must be provided.
IS.The submitted agreement between the Church and Willie Wright (owner of the 0.66
acre parcel/proposed sod parking lot) is not acceptable. The agreement must be a
tri-party agreement which includes the City, must be approved by the City
Commission, and recorded in the pUblic records of Palm Beach County.
P&Z Board Staff Report
New Jerusalem Church of God in Christ - Conditional Use Modification
Page 7
14. The site data must include the additional site area, parking spaces, open space,
paved/impervious areas.
Landsca.oing Improvement Agreement
At its meeting of January 6, 1998, the City Commission approved an agreement
between the City and New Jerusalem Church of God in Christ providing a Conditional
Certificate of Occupancy on or before February 8, 1998, without the installation of 100%
of the required landscaping and irrigation and without having to post a bond. The
agreement relates to a two-phase plan as follows:
Phase I: Completion of perimeter irrigation and landscaping (trees, hedges and
sod) on the west (Roosevelt Avenue) and north (Lake Ida Road) portions
of the property to be completed by June 8, 1998.
Phase/1: Complete the balance of all other irrigation and landscape requirements
approved with the site plan for the project on or before February, 1999.
(This phase includes the landscaping related to the stabilized sod parking
area being created as a result of the increased seating capacity within the
existing facility, which the church is now requesting).
.~ While the above agreement relates to landscaping only, site plan approval must be
' obtained and the other improvements associated with the stabilized sod parking' area
must be installed prior to issuance of the Conditional Certificate of Occupancy. These
improvements include: a paved cross-access driveway from the existing church parking
to the stabilized sod parking lot; installation of 2 (paved) handicapped accessible
· parking spaces within the stabilized sod parking area; a pedestrian walkway from the
stabilized parking lot to the church; a 6" limerock subsurface for the stabilized parking
area and the drive aisles; Type "D" curbing adjacent to the landscape islands; lighting
" and wheel stops. If the Church cannot fund these improvements, it may be necessary
for the BOard to limit the seating capacity to 123 seats until such time as the
improvements can be completed, or the Church must request that the Commission
modify the agreement to coincide with the installation of the above improvements.
Off-Site Parking Agreement
Pursuant to LDR Section 4.6.9(E)(4) (Off-Site Parking)', in instances where uses do not
have sufficient space to accommodate customer and employee parking demands,
parking requirements may be provided off-site provided the properties are within 300'
feet of one another along an acceptable pedestrian route; are of the same general
zoning designation; and an agreement providing an easement for such use is prepared
P&Z Board Staff Report
New Jerusalem Church of God in Christ - Conditional Use Modification
Page 8
pursuant to subsection 4.6.9(E)(5) of the Land Development Regulations; and is
recorded prior to certification of the site and development plan.
The property is within the same zoning designation as the church (R-l-A) and is located
within 300' of the subject property. The applicant is aware of the requirement to
execute an off-site parking agreement. The required off-site parking agreement is a
covenant running with the land binding upon owners, heirs, administrators, successors
and assigns. The agreement may be released by the Commission at such time as the
alternative off-street parking facilities are no longer required or when the owner
provides other lawful off-street parking facilities.. This agreement must be recorded
prior to issuance of the Conditional Certificate of Occupancy.
Ingress/Egress and Cross-Access Easements
Currently, the residents of the existing duplexes access their respective units utilizing
the existing 20' wide asphalt drive along the south side of their units. However, the
driveway primarily coincides with the 20' wide strip of land owned by the church. While
the residents do have adverse possession rights to utilize the driveway, an
ingress/egress easement must be formally executed to alleviate any potential confusion
as to the right of access to the units. Also, in order to accommodate the driveway
connection from the existing church parking lot to the proposed stabilized sod parking
lot, which will cross City-owned property, a cross-access easement must be obtained
from the City. The City administration has indicated that such an easement can be'
accommodated. These easements must be executed prior to issuance of the
COnditional Certificate of Occupancy for the church.
Subdivision Plat
The 0.66 acre parcel is the west portion of an unplatted 1.88 acre parcel of land. The
transfer or sale of a portion of a parcel of land Constitutes a subdivision. Thus, in order
for the church to purchase the west 0.66 acres of the overall 1.88 acre parcel, a
subdivision plat must first be recorded. The westernmost duplex on the east portion of
the property must maintain a 15, rear building setback from the proposed property line.
The church and owner of the 1.88 acre parcel (Willie & Erma Wright) should participate
in the plat, which should include the 20' wide strip of land owned by the church which
provides access.
The development proposal is not within a geographical area requiring review by the
DDA (Downtown Development Authority), or the HPB (Historic Preservation Board).
P&Z Board Staff Report
New Jerusalem Church of God in Christ - Conditional Use Modification
Page 9
Community Redevelopment Agency:
She CRA will review this item at its meeting of January 22, 1998. Their
recommendation will be reported at the Planning and Zoning Board meeting.
Site Plan Review and Appearance Board:
· If Conditional Use approval is granted, a site plan modification submittal will follow.
Final action on the site plan submittal rests with SPRAB (Site Plan Review and
Appearance Board). The site plan must accommodate the technical items identified
through the conditional use analysis.
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 use is consistent with the policies of the Comprehensive Plan and
Section 3.1.1 of the Land Development Regulations. The "Technical Items" must be
addressed during the site plan modification process. However, prior to issuance of the
.. conditional certificate of occupancy the following muSt be addressed: the off-site
.. parking agreement, and ingress/egreSs and cross-access easements must be
executed; and the cross-access driveway from the west parcel to the east parcel must
be constructed. Positive findings with resPect to Section 2.4.5(E)(5)(Required Findings)
· can be made provided cross-access is proVided between the existing church property
· and. the proposed parking area. The proposed use is appropriate at the subject location
· and should not have a negative impact on the adjacent properties provided the
conditions of approval are addressed.
A. Continue with direction.
B. Find that the modification is not significant and approve the Conditional Use
Modification request for New Jerusalem Church of God in Christ based upon
positive findings with respect to Section 3.1.i (Performance Standards) and
Section 2.4.5(E)(7) of the Land Development Regulations, and the policies of the
Comprehensive Plan subject to conditions.
C. Find that the modification is significant and approve the Conditional Use
'~ Modification request for New Jerusalem Church of God in Christ based upon
P&Z Board Staff Report
New Jerusalem Church of God in Christ - Conditional Use Modification
Page 10
positive findings with respect to Section 3.1.1 (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.
D. Find that the modification is not significant and deny the Conditional Use
Modification request for New Jerusalem Church of God in Christ based upon
a failure to make positive findings with respect to Compliance with the Land
Development Regulations.
E. Find that the modification is significant and recommend denial of the Conditional
Use Modification request for New Jerusalem Church of God in Christ based
upon a failure to make positive findings with respect to LDR Section 2.4.5(E)(5)
(Required Findings) and Compliance with the Land Development Regulations.
Find that the modification is sIgnificant and recommend to the City Commission
approval of the Conditional Use Modification request for New Jerusalem Church of
God in Christ based upon positive findings with respect to Section 3.1.1 (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 application be submitted which addresses the
"Technical Items" identified in the Staff Report;
2. That the seating capacity be limited' to 330 persons;
3. That prior to issuance .of a Conditional Certificate of Occupancy, an off-site
parking agreement, and ingress/egress and cross-access easements must be
executed; and,
4. That prior to issuance of a Conditional Certificate of Occupancy, the
improvements associated with the stabilized sod parking lot must be installed,
except landscaping, or the seating capacity must be limited to 123 seats until
such time as the improvements can be completed;
Attachments:
r~ Site Plan
~ Floor Plan
Report prepared by: Jeff Costello, Senior Planner
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY ~LNAGER~
SUBJECT: AGENDA ITEM # ~' - REGULAR MEETING OF FEBRUARY 3, 1998
PROPOSED PEDI-CAB SERVICE
DATE: JANUARY 30, 1998
About one year ago, we received a request to establish a pedi-cab
transportation service in the downtown and beach areas of the
City. It was the consensus of the Commission to defer action on
this request until other issues pending with respect to the
downtown had been resolved. The request came back in August,
1997, and was again deferred until the traffic studies within the
downtown were complete. The Commission subsequently approved the
use of pedi-cabs for the Art & Jazz events which were held on
October 30th and December 11, 1997, and January 29, 1998. By all
accounts, the pedi-cabs were operated responsibly and did not
appear to have any negative impact.
We do not currently have an ordinance which deals with
non-motorized transportation. The direction sought at this time
is whether or not to draft an ordinance addressing the use of
pedi-cabs. If the use is going to be allowed to continue on a
somewhat regular basis, it should be regulated as determined to be
appropriate.
Attached is a memorandum from the Police Department which sets
forth their recommendation. While not opposed to the use of
pedi-cabs at events such as Art & Jazz, the department does not
support allowing them to operate on a daily basis.
Recommend Commission consideration.
ref: agmemoll ~~ ~ ~ ~
01/.~9/98 18:11 FAX $61 243 7816 DELRAY BEACH POLICE DEPT [~001
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Mr. Robert A. Barcinski
Assistant City Manager
FROM: Lieutenant Mark Davis
Special Operations, District 1
DATE: January 27, 1998
SUBJECT: PEDICABS
As previously stated at Joint Venture, It is the Police Department's observation that the
Pedicabs have acted in a responsible manner for the past two (2) Art & Jazz on the
Avenue_ At this point we would not oppose them at future Jaz~ Events.
With respect to allowing the cabs on a daily basis, we can not support that at this time.
Mixing the cabs with traffic is not a prudent decision in my opinion. Not only is it unsafe
for the cab occupants, but it would also impede EasfJVVest traffic.
Please contact me if further clarifications are needed.
MD:baw
xc: Major Schroeder
Captain Gillard
Corrected Copy 1/29/98
them at the Ingraham location, seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 4 to 0 vote.
9.C. REQUEST FOR RELEASE OF LIEN/THE HOUSE OF GOD CHURCH:
Consider a request from The House of God Church for release of a
lien against property located at 48-1/2 N.W. 3rd Avenue (Lot 11,
Block 36, Town of Delray).
The City Manager explained that the City had demolished
a building on the property at an out-of-pocket cost of $2,172.00.
With administrative charges and interest, the current amount of
the lien is $2,854.86. The lien was filed prior to the date the
church closed on the property, but whoever handled the closing
for the church failed to find the lien and the church is now
asking that the lien be released. The City Manager stated that
if the Commission is inclined to do so, he would recommend that
only a partial release be considered so that the City can at
least recover our out-of-pocket costs for the actual demolition.
After discussion, it was the consensus of the Commis-
sion to suggest to the applicant that relief be sought from the
party who handled the closing transaction since that is where the
mistake was made.
Mr. Ellingsworth moved to deny the request from The
House of God Church for release of a lien against property
located at 18-1/2 N.W. 3rd Avenue (Lot 11, Block 36, Town of
Delray), seconded by Mr. Egan. Upon roll call the Commission
voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion to deny passed
with a 4 to 0 vote.
9.D. SPECIAL EVENT APPROVAL/3RD ANNUAL S.O.S. "TASTE OF THE
GROVE": Consider a request from Pineapple Grove Main Street, Inc.
for special event approval in support of the 3rd Annual S.O.S.
"Taste of the Grove" to be held on March 23, 1997.
Mr. Egan moved to approve the special event request for
the 3rd Annual S.O.S. "Taste of the Grove" to be held on March
23, 1997, as recommended by staff, seconded by Mr. Ellingsworth.
Upon roll call the Commission voted as follows: Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes.
Said motion passed with a 4 to 0 vote.
9.E. PROPOSED PEDI-CAB SERVICE: Provide direction regarding
a proposal by a private business to establish a pedi-cab or
bicycle taxi transportation service in the downtown and beach
area of the City.
Diane Dominguez, Planning Director, stated she is
seeking direction on a request from a private business to estab-
lish a pedi-cab or bicycle taxi transportation service in the
-10- 2/18/97
downtown and beach areas of the City. The taxis are operated by
a driver who may either pedal manually or who may be assisted
mechanically with a small moped motor. The pedi-cab taxi service
will be available seven (7) days a week from 9:00 a.m. to 11:00
p.m. (possibly as late as 2:00 a.m. on Friday and Saturday nights
to take the bar patrons home). She reported that staff had done
some research and found that in other places where this service
is available, the comments overall were favorable. Since the
City does not currently have an ordinance which deals with
non-motorized transportation, the City would have to establish an
ordinance and have a license agreement with the company. Before
getting into that, staff wanted to bring it to the Commission to
see if there is interest in pursuing it.
Mr. Egan commented that with the resurgence of the
downtown area, alot of things have happened very quickly and
there are alot of issues to be dealt with. Instead of just
outright saying no to this particular use, he recommended that it
be put on hold for a period of time until some decisions are
reached about a number of other issues affecting the downtown,
such as valet parking, lighting concerns, traffic signals and
flow, and noise concerns.
On question from Mayor Alperin, the City Attorney
stated her position is that the contemplated pedi-cab service is
a use not permitted at this point within the City and which is
not allowed to use the City's rights-of-way.
Mr. Randolph expressed concern about any liability the
City may be held responsible for due to any accidents which may
occur with the pedi-cabs on City streets. He felt it imperative
that if and when an ordinance is created, it must be very clear
that the City is not to be and will not be held liable for these
types of things.
Mayor Alperin stated that he has some reservations
about the moped motor, and expressed concern about the potential
for such a use to further inhibit traffic flow in the downtown.
In addition, the use would have to be considered on a temporary
basis and there would need to be a limitation on how many pedi-
cabs and operators would be allowed.
It was the consensus of the Commission to defer any
action regarding this item until other issues currently pending
with respect to the downtown have been dealt with.
At this point, the time being 7:25 p.m., the Commission
moved to the duly advertised public hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 3-97: An ordinance amending Section
71.060, "Parking Meter Permits", of the City Code by amending the
-11- 2/18/97
9.A. PROPOSED PEDI-CAB/RICKSHAW SERVICE: Provide direction
concerning a proposal by Mr. Aldo Cirelli to establish a non-mo-
torized pedi-cab and rickshaw operation in Delray Beach.
The City Manager stated that this issue was previously
discussed by the City Commission on February 18, 1997. At that
time the Commission deferred any action until other pending
issues with respect to the downtown had been looked at and
resolved. The valet parking issue remains unresolved. The
traffic study on the one-way pairs and other issues is in the
analysis phase and is expected to be received in a month or so.
The Parking Management Team has scheduled a town meeting for
September 25th to further discuss the various issues related to
the downtown area. Since Mr. Cirelli asked that the City again
consider this proposal, staff is seeking further direction from
the Commission about whether to do anything toward developing an
ordinance to regulate pedi-cabs or continue waiting until the
results of the traffic study and other studies which are underway
are received.
Mr. Egan stated that he felt the pedi-cab proposal is
something the City might want to entertain, but before doing so
he wanted to see the results of the Parking Management Team's
study as well as the one for traffic flow. He felt that an
ordinance would be needed since these types of things will
probably keep coming before the Commission as the City becomes
more and more popular, but that it would be best to wait until
the reports are ready for consideration.
It was the consensus of the Commission to defer action
on the request until the Parking Management Team's study is
complete as well as the traffic study commissioned by the City.
Mr. Egan so moved, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
9.B. RESOLUTION NO. 58-97 AND BID AWARDS FOR SUPPORT SERVIC-
ES: Consider approval of a resolution authorizing a sixth series
of Water and Sewer Revenue Bonds designated as Water and Sewer
Revenue Refunding Bonds, Series 1997 A, in the initial aggregate
principal amount of not exceeding $17,000,000 for the purpose of
advance refunding all or a portion of City's outstanding Water
and Sewer Revenue Bonds, Series 1991 B; and approve bid awards
for support services as recommended by Public Financial Manage-
ment, Inc.
The City Manager presented Resolution No. 58-97:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING
RESOLUTION NO. 39-88, AS AMENDED AND SUPPLE-
MENTED, FOR THE PURPOSE OF AUTHORIZING A
-5- 08/19/97
OCTOBER 28, 1997
A Special Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the First Floor Conference Room at City Hall at 6:00 p.m. on
Tuesday, October 28, 1997.
Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
Mayor Alperin called the meeting to order and announced
that it had been called for the purpose of considering the fol-
lowing items:
(1) Settlement/Elizabeth & Milton Hartmann v. City of
Delray Beach: Consider settlement of the referenced matter.
Mr. Ellingsworth moved to approve settlement of Eliza-
beth & Milton Hartmann v. City of Delray Beach as recommended by
the City Attorney, seconded by Mr. Schmidt. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
(2) Pedi-Cab Use/Art and Jazz on the Avenue: Consider the
use of pedi-cabs in the downtown area for the October 30th Art
and Jazz on the Avenue.
The City Attorney stated that the vendor's insurance
should name the City as an additional insured if the City Commis-
sion decides to approve the request.
On question from Mr. Ellingsworth, Robert Barcinski,
Assistant City Manager, stated that the request is from A1A Bike
Rentals through the Joint Venture. Staff recommends approval of
the request for this one time event, and if other vendors wish to
do the same thing that night, that they be allowed to do so with
the Joint Venture's approval under the same conditions imposed on
A1A Bike Rentals.
Mr. Egan commented that this request came about in part
because the trolley is no longer running on Atlantic Avenue now
that the street is closed. At the last couple of events, there
have been some people out there with pedi-cabs. The discussion
at the Joint Venture's last meeting was to go ahead and make it
official for this one event on a test basis to see how it works
as far as the Police are concerned and from a safety standpoint.
After this test, the Joint Venture will be able to come back with
a recommendation for the Commission to consider about whether or
not to amend the code to allow the use of pedi-cabs.
Mayor Alperin questioned why pedi-cabs are needed for
the Art and Jazz event?
Mr. Egan responded that they would be just another
added attraction, another fun thing for people to use while they
are downtown.
Mayor Alperin still questioned what benefit the City
will get by allowing the pedi-cabs to operate? The only benefit
he could see was that maybe certain people with physical limita-
tions might find them of some convenience, but that's about it.
The last couple of Art and Jazz events were jammed with people
and he questioned where these pedi-cabs would operate? Will they
be an added attraction or will they be a hindrance to people who
are strolling the avenue?
Mr. Schmidt concurred, adding that he has a concern
about safety.
Mr. Egan reiterated that pedi-cabs have operated at the
last few events and what the Joint Venture wants to do is make it
official so that they can be monitored to see if they are worth
having at these events. This has been a gray area and he would
rather see a test done and then address the issue by either
specifically allowing them or not.
Discussion followed concerning the business aspects,
the fact that the zoning code does not address this use and
therefore it is prohibited, and the difficulties with enforce-
ment. Anybody can rent a pedi-cab (3-wheeled bicycle) and offer
to transport people, but unless the Police were to actually see
money change hands it could be very difficult to prove that a
violation had occurred.
Mr. Ellingsworth stated that the Commission has turned
this request down twice and he felt this was a back door move to
get into the action during Art and Jazz. He moved that the
request to allow the use of pedi-cabs in the downtown area for
the October 30th Art and Jazz be denied. Mr. Schmidt seconded
the motion. Upon roll call the Commission voted as follows: Mr.
Egan - No; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor
Alperin - Yes; Mr. Schmidt - No. Said motion FAILED to pass by a
3 to 2 vote.
Mr. Egan moved to approve the request to allow the use
of pedi-cabs in the downtown area for the October 30th Art and
Jazz, subject to the conditions outlined in the Joint Venture's
-2-
request letter dated October 24, 1997, and subject to the addi-
tional insurance requirement as previously stated by the City
Attorney. The motion was seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - No; Mr.
Randolph - Yes; Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan -
Yes. Said motion passed with a 3 to 2 vote.
There bein~ no further business, Mayor Alperin declared
the special meetin~ adjourned at 6:20 p.m., at which time the
Commission convened the regularly scheduled workshop meeting.
ATTEST.-.~~.
o
The ~undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the Minutes of
the Special Meetin~ of the City Commission held on October 28,
1997, which Minutes were formally approved and adopted by the
City Commission on ~7~J~ ~. /gg~
!
NOTE TO RE~DER: If the Minutes you have received are not com-
pleted as indicated above, this means they are not the official
Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve amend-
ments, additions or deletions to the Minutes as set forth above.
company is to provide services to the City in securing sponsor-
ships for the tennis center and also the golf courses as may be
appropriate.
Mr. Randolph moved to approve the consulting agreement
with Prime Access, Inc. for securing sponsorships, and the
increased compensation for Mr. Felsberg and Mr. Evert with the
funding to come from sponsorship revenues. The motion was
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
9.F. PEDI-CAB USE/ART AND JAZZ ON THE AVENUE: Consider
allowing the use of pedi-cabs in the downtown area for the
December llth Art and Jazz on the Avenue.
Mr. Barcinski, Assistant City Manager, stated that this
request is to again allow the use of pedi-cabs in the downtown
area at the December llth Art and Jazz. The reports he got from
the Police and other observers were that there did not seem to be
any problems with the use of pedi-cabs at the October Art & Jazz.
Mr. Egan moved to approve the use of pedi-cabs for the
December llth Art and Jazz as recommended by staff, seconded by
Mr. Schmidt. Upon roll call the Commission voted as follows:
Mr. Randolph - Yes; Mayor Alperin - No; Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - No. Said motion passed with a 3
to 2 vote.
9.G. PROPOSED REVISION TO AGREEMENT FOR COMPLETION OF
SUBDIVISION IMPROVEMENTS AND GUARANTEE/AMMOCK RESERVE DEVELOP-
MENT COMPANY: Consider approval of a request from Hammock Reserve
Development Company to modify the City's standard form agreement
governing subdivision improvements and guarantee (letter of
credit}.
The City Attorney stated that the Hammock Reserve
Development Company already entered into a subdivision improve-
ment and guarantee agreement, which is the standard form of
agreement used by the City and previously approved by the City
Commission. The General Counsel for Hammock Reserve has proposed
some modifications to the City's standard form which, in essence,
would permit a one-time reduction in the letter of credit amount
if approved by the City Manager upon obtaining an opinion from
the City Engineer that satisfactory progress is being made and
approximately one-half of the improvements have been completed.
The City may deny the reduction in its sole discretion. If the
City Commission wished to favorably consider this change, the
City Attorney suggested that the City's current standard form of
agreement be modified to reflect the proposed revisions.
William E. Shannon, General Counsel for Hammock Reserve
Development Company, explained the reasons for the request to
-7- 12/02/97
MF..MORANDUM
TO: David T. Harden
City Manager
FROM: ~Robert A. Barcinski
Assistant City Manager
DATE: January 27,1998
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 3,1998
WAIVER - SPECIAL EVENT SIGNAGE
ACTION
City Commission is requested to waive LDR's Section 4.6.7 (D)(3)(j)(ii) to allow event
signage and banners to be put up two to three weeks prior to the Citibank Champions
Tennis Tournament which begins February 25th.
BACKGROUND
The LDR's allow event signage and banners to be put up one week prior to an event.
We have received a request from Gina Kelly to allow the signs and banners to be put up
two to three weeks before the Citibank Champions Tennis Tournament. Banners will be
placed on comer poles between A-1-A and Swinton Avenue and on vacant poles
between Swinton Avenue and 1-95. Event signage will be placed on Atlantic Avenue,
Swinton Avenue, and the north and south end of Federal Highway. This event begins
February 25th.
RECOMMENDATION
Staff recommends approval of the waiver allowing special event signs and banners for
the Citibank Champion Tennis Tournament to be put up between two to three weeks
before the event. Actual installation will be based on Public Works schedule.
RAB/tas
cc: Hoyt Owens
Brahm Dubin ~
File:u:sweeney/agenda
Doc:012798a.doc
01/29/98 THU 14:29 FAX 5612431893 THE CITIBANK CHAMPIONS ~001
To: Bob Baxcinski
Fax Number: 561-243-7166
From: Gina Kelly
Fax Number. 561-243-189
Date: January 29; 1998
Subject: banners and signs
Pa§~s: I
Per your memo. dated Jan,,ary 8, I would like to request for the City
Commission to extend the one week guideline to hang the banners and signs. To
fidly maximize exposure in Delray it would be advantageous to increase the
guideline from one week to two or three weeks in advance to the event, either
February 11 or February 4 respectively.
212 N.W. First Avenue - Deltay Beach, Florida · 33444 ° 561-243-0899 Phone - 561-243-1893 Fa~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
0iT
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF FEBRUARY 3, 1998
PROPERTY OWNED BY LEONARD DAVIS (N.W. 5TH AVENUE)
DATE: JANUARY 29, 1998
In addition to Resolution No. 6-94 referenced in the City
Attorney's memorandum, the City Commission passed Resolution No.
6-98 on January 6, 1998. Resolution 6-98 also authorizes the
Community Redevelopment Agency to acquire by gift, purchase or
eminent domain the property owned by Mr. Davis, or the south 30
feet of Lot 6, Block 28, Town of Delray. Apparently it was not
clear that an authorizing resolution had already been approved by
the Commission.
This is informational only and does not affect the action
proposed for consideration at the meeting.
I recommend that the City Attorney be authorized to commence
foreclosure of the outstanding liens.
ref:agmemo5
[IT¥ OF I]ELRR¥ BER[H
CITY ATTORNEY'S OFFICE ~" ~'~ ~ ~'"~'~' ~'~'~ ~'~'~'~' ~o~ ~
F,~, C~IMiLE 407/27S-4755 Writer's Direct Line: (561) 243-7~
DELRAY BEACH
AIl.~ca Ci~ MEMO~~
Januau 29 1998
~ 9~ TO: Ci~ Co~ssion
FROM: David N. Tolces, Assistant City A~orn~
SUBJECT: Propemy Owned by ~onard Davis - N,W. 5th Avenu~
In 1994, the Commission, through the adoption of Resolution 6-94, authorized the CRA
to acquire the property shown on the attached survey. The CRA has attempted to
negotiate a purchase price with Mr. Davis, but as of this date has not had any success in
reaching an agreed price.
In discussions with the CRA, it appears that the costs involved in litigating the eminent
domain proceeding could be greater than the property's value. Due to the fact that the
City has approximately $4,100.00 in outstanding nuisance abatement liens, it could be
less expensive for the City to foreclose its liens rather than having the CRA file an
eminent domain proceeding. Consequently, the CRA would like the City to file a
foreclosure action based on the outstanding liens.
In order to commence the foreclosure action, the City Commission, if it desires, should
authorize the City Attorney's Office to file the complaint and take all other steps
necessary to complete the action.
If you have any questions or concerns, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Chris Brown, Community Redevelopment Agency
davis.dnt
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 3, 1998
PURCHASE OF SERVICES AND MATERIALS FOR MILITARY TRAIL
FORCE MAIN RELOCATION
DATE: JANUARY 30, 1998
This is before the Commission to consider approval of the purchase
of various services and materials and the allocation of in-house
labor and equipment to relocate approximately 2,000 linear feet of
an existing 12" sanitary force main on Military Trail. The
existing main is in conflict with a proposed stormwater french
drain to be constructed as part of Palm Beach County's Military
Trail road widening project. The force main is located on the
west side of Military Trail, between Lowson and Linton Boulevards.
We solicited a price from the County's contractor, Hardrives,
Inc., for doing the work and received a preliminary figure of
approximately $170,000. Staff feels this is too high and that the
work can be done in-house more cost effectively. We estimate
in-house labor and equipment costs at $22,500.00 based on 15 days
at $1,500 per day.
In addition to authorizing in-house construction, Commission is
requested to approve the purchase of the following services and
materials for the project:
(1) Ferguson Underground (pipe materials) $19,929.08
(lowest of three quotes)
(2) Bob's Barricades (barricades) 2,000.00
(3) Tupler Trucking
(limerock/drainfield rock) 2,000.00
(4) Bruce Carter Surveying (layout/as-builts) 1,500.00
(5) Hardrives, Inc. (asphalt patch material) 500.00
(6) BFI (disposal tipping fees) 2,000.00
Materials/Services Subtotal $27,929.08
Combined with the estimated in-house labor costs, we estimate the
total cost for City installation to be $50,429.08. Funding is
available from 442-5178-536-63.51 (Other Improvements/Water
Mains).
Recommend approval of the purchase of services and materials and
allocation of in-house resources for the force main relocation.
Agenda Item No.
AGENDA REQUEST
Date: January 30, 1998
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: February 3, 1998
Description of item (who, what, where, how much): Staff requests
Commission Approval for purchase of various materials and allocation
of in-house labor/equipment to relocate approx 2000 if of an existing
12" sanitary force main on Military Tr. The existing main is in
conflict with a proposed stormwater french drain to be constructed as
part of the Military Tr widening. The location of the main is on the
west side of Military Tr. between Lowson and Linton.
Proposed request is as follows:
1) Ferguson Underground (lowest of three quotes) pipe materials $19,929.08
2) Bob's Barricades barricades $ 2,000.00
3) Tupler Trucking limerock / drainfield rock $ 2,000.00
4) Bruce Carter Surveying layout / as-builts $ 1,500.00
5) Hardrives, Inco asphalt patch material $ 500.00
6) BFI disposal tipping fees $ 2,000.00
Materials / Services subtotal $27,929.08
In-house labor and equipMnt costs to the above (15 x 1,500.O0/day) ~22f500.00
Total Cost for installation $50,429.08
Funding is available from 442-5178-536-63.51 (R&R sewer mains)
Recommendation: Staff recommends approval_~of the purchase of
materials and allocation of,~c)eria~or t~force main relocation.
Department head signature: f-~>~' ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required~j~ all items involving expenditure
of funds): ~ ~ /'~I ~::~ ~
Funding available: ~0'~t
Funding alternative~ ~-' (if applicable)
Account No. & Description4~/~-~5-/g~- ~-~3,~! ~-~ nr ~/~r-/W/~dr /~
Account Balance~/D ~f ~ /~/~ ' '
City Manager Review: ~
Approved for agenda: /NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
TO: David T. Harden
City Manager ~
FROM: Richard Hasko, P.E. ,~
Director of Environmental Services
SUBJECT: Military Tr. Utility Relocation (PN 97-04)
Conflict Force Main Installation
DATE: January 30, 1998
Palm Beach County is presently widening Military Trail between Atlantic Ave. and Linton
Blvd. They are required by a South Florida Water Management permit to install a french
drain for on-site water retention.. Approximately 2000 lineal feet of french drain is to be
constructed under the bike path on the west side of Military Tr. from Lowson Blvd. to just
north ofLinton Blvd (Sta 272+00 to Sta 292+00) per the attached section.
The City has an existing 12" sewage force main in this location. We have been notified by
Palm Beach County (letter attached) that the force main is in direct conflict with the
French drain. Because of this the force main has to be relocated at the City's expense.
We have solicited a price for relocation of the main from the County's contractor,
Hardrives, Inc.. As of this time a final price has not been received from them. A
preliminary figure of approximately $170,000.00 thousand dollars has been conveyed (see
attached). Staff feels that this price is too high and would be more cost effective to
construct in-house by the Utilities Construction Crew.
Based on the above we are requesting Commission approval to purchase the following
services and materials for this project; and utilize in-house labor for installation:
1) Ferguson Underground (lowest of three quotes) pipe materials $19,929.08
2) Bob's Barricades barricades ' $ 2,000.00
3) Tupler Trucking limerock / drainfleld rock $ 2,000.00
4) Bruce Carter Surveying layout / as-builts $ 1,500.00
5) Hardrives, Inc. asphalt patch material $ 500.00
6) BFI disposal tipping fees $ 2,000.00
Materials / Services Subtotal $27,929.08
In-house labor and equipment costs to the above (15 days x 1500.00/day) $22,500.00
Total Cost for City Installation $50~429.08
Funding source for the above purchases is 442-5178-536-63.51 (P~R Sewer Mains).
file: 97-04A
.JAN--29--9.~ 06 :0~. PM
( (
Department or Znglne,~dng January 28, 1998
and P~bllc Works
P3 ~ c,.x
West P~lm Beach. FI.
Mr. Richard Hasko, P.E., Dh'ector o5 E nviromnentai Services
~rq'. ,~vw.~ co Dalm.bc~ch ~1 tu Ci{)' o~ Du]FD~ B~ac~
43~ South Swinton Avem:e
Delray Beach, FI ~;~44
RE: MILITARY TRAIL/CI.R~T MOORE ROAD TO
W. ATLANTIC AVENLIE
~.~ s..~h co..~ PALM BEACH Co~'rY PROJECT NO. 91505
~ard of ~ounty
eomml*slo,*rs Dear Mr. Hasko:
Maude mrd Lee. ~ice Cha,r Let this mn'c as a 30 day notice fro- relocalion of your hcitities in cmffiict with
our construction, per Flor~da Slatute ~33 7.404. Ibc line in question is the
~*" ~ ~'~'~ approximately 2100' of 12" l~rcc main which pre~ntly conflicts Mth ~c
orc.~ a ~eberts construction of our exfiltmtion trcnch. All past communication on this issue
~..., ~ ~,,,~:~ has Failed to resolve the problem. We are now a: the point where our
contractor, Hardrives, has already mentioned their intent to make a monelary
Mary McCany claim fbr thc delay and any associated demobilization and remobili~ation
~ t. r~,~ charges Please be advised that any such claim x~51t be charged to the City.
In an at,erupt to minimize the potential economic impacts to the City, we are
hereby requesting thc immediate relocation of this fore main. We would
coun~ 8dmlalstmtor prefer that you maintain a 10' offsct from our cxfiltration french. The
~ot:c,t Wmsman ~E relocation work may be accomplished in any of thc four ways previously
proposed by Carl Miller.
Use your own cor~tractor.
2.Use your own internal Ibrccs.
2.Use m~r contractor, 1 lardrivcs, via a direr contract.
4.Use th,sir subcontractor, .~DA, via a direct contract.
Whichever option is selected, close coordination xx.'it~ Palm Beach County
Construction Coordination Division will be required.
'An Ell.,,! t Oi,.p,,r:u 'I t~
A/tflr:} kll Iv:' 'lt't~On
Page 2
Project g91505
We are ax~arc of a proposal by Howard Wight of your officc of alternates to an
actual relocalion of the line. Please be aware that none of those alternatives are
acceptable to the County, and all would probably exceed the cost of relocation,
I am sure you cae, appreciate the fact that time is now of thc essence. This
issue l~as been outstanding for a couple of months and needs To be addressed
immediately.
Should you haYe any questions, or ii' there is any way that we can assist you,
plee, se don't hesitate to call.
Sincer,el~-.
T~ya NY Mc~2onnell, P.E., Program Man,g-er
Roadv.'oy Pro&~ction Division
TNM'rcc
pc: Edwin A. Jack, ?E, Deputy Cotmty Engineer
Omcliz A. Fernandez, P.E., Director, Eng.,'Public Works Oper.
Carl Miiler, Director, Construction Coordinalion Division
Howard Wight, City of Delray Beach
! I:"ROA ~2~ :\ Y,T.,X I o 15'.35. DEl.
TRENCH DEPTH
SEE TABLE
JAN-~yl~8 09,41 FMOM~ HA~D~IU£~ INC. ID: PAG£ ~
i ~RIV~'WAYS PARKING ARE;AS ' STRI~I~T$ GRADING ROCK · FILL.. CONCRETE WOrK
, INC
RDRIV · ..o.,
01t13/98
TO: Mr, Ca~ Miller
Palm ~a~ County Engineering.
Constm~i~ C~rdination Division
PO Box 21229 RE: MIIIta~ Trail/Cli~t Moore R~.
West Palm Beach, FL 3~16-1229 91505 & ~115 Palm Bch County
He.dyes Job No~
We Propose to Furnish all Labor, Materials and Equipment to _perform the Following! ............
Relocate existing 12" Por~ Main (approx. ~;a 2/~2+~0 through 292+50)
- EA 2,300.00
Connect to existing @ ~ '~ ,~,>~ ,-~
12" 45 degree bencl, l~,~. EA ~ 550.00
Remove existing 12 ~,,,~,,000 LF <~ 9.00
Pump existing 12" L7~,000 LF <~ 5.00..-.~5.,0~0
TOTAL ..........
' The Prices on this Quotation are Valid for 30 Days. ~/'~ ~ /6
v Work to be done on a unit pdce basis. ~ ,~,
v' Price to remove existing 12" does not include removal from jol~site. If Hardri~,.~ i~ !e !o=rt. ,- haul and dispose, please add $I ,575.00.
v Please advise, we will proceed with work only after proper authorization and pricing.
HARDRIVES-OF [~'ELliL~Y, JNC,' //,. /
, '"' /,.,,',,,.,/ t/ ~/ ,/' .,,,'"',, ,-' ....
/
/ ¢. ,/ .....
~IGNATUF~E ~uen J. M~s Serda,~ Jr. es Vice President.
PRINT NAME AND TITLE
O,~ TE:
HARDRIVES CANNOT GUARANTEE OR ~E RESPON-'~I~LE FOR ROCK ~ASE WORK CONSTRUCTEO BY OTHERS'
~OWER STEERING AND FAST STARTS WILL DAMAGE ASPHALT WE CANNOT BE HELO RESPONSIBLE AFTER
COMPLETION OF TI.liS PROJECT. GRASS AND WEEDS WiLL GROW THROUGH ASPHALT. THE CONTROL O1-' THESE IS
THE RESPONSIBILITY OF THE OWNER OF THE PROPERTY, BUYER'S SIGNED ACCEPTANCE WILL CONSTITUTE A
BiNDiNG CONTRACT. IN THE EVENT THERE IS ANY DEFAULT IN PAYMENTS DUE UNDER THIS CONTRACT AND 'TILE
SAME IS PLACED IN THE HANrhS OF AN ATTORNEY FOR COLLECTION. THE PURCHASER AND/OR PURCHASERS AGRF. E
TO PAY ALL COST OF COLLECTION. INCLUDING A REASONA~,LE ATTRONEY'S FEE.
01/29/95 12:44 FA.[ 954 784 0206 ~001
01/29/'98 TIiZT 10:27 F.~. 1561848,7001 SEi, ISCO ~]002
CITY DF DELRAY BEACH SEMSCD - WEST PALM
100 NW 1ST AVE 36~? INTERSTATE PARK RD. SOUTH
~ELRAY BE~CH, FL RIVIERA BEACH, FL
Telephone: ~o .... ,
ZIP ~444
SIP ~404
1/~9/98 Bic~ ID: 5015108 M~LITARY TRAIL ~ORCE MAIN RELIC Page
~ell Unit Extended
Line Quantity Per Description Price P~ice
10 ~0 FT i~" C90o DR18 PV~ PIPE ~REEN 8.~5 1T,~0.00
~0 8 EA 1~" MJ 45 LINED
~ 1 E~ 12" ~J PLUG VALVE W/GEAR 1,6~O. 00
40 /[~ EA iE"~llI~OEC MESALUG F/DtP
[IT¥ JIF DELIlI:I¥ BER[H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993
TO: David T. Harden
City Manager
FROM: r~Robert A. Barcinski
1 - Assistant City Manager
DATE: January 30,1998
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 3, 1998
GRANT APPROVAL - GOLD COAST CLEAN CITIES
ALTERNATIVE FUEL VEHICLE PROGRAM
ACTION
City Commission is requested to approve a grant award from the South Florida
Regional Planning Council under the Gold Coast Clean Cities Alternative Fuel Vehicle
Grant Program in the amount of $100,000. This is a 50/50 matching grant with City
funding available in account 501-3312-591-64.20 City Garage Vehicle Replacement.
BACKGROUND
The Deputy Director of Public Works submitted an application for this grant program.
It is a 50/50 matching grant. Of the $100,000 in grant money, $8,000 has to be used for
mechanic training and advertising, the balance of $92,000 will be used to purchase up to
ten (10) natural gas (CNG) vehicles. The purchase of these vehicles will assist the City
in meeting Clean Air Standard requirements.
RECOMMENDATION
Staff recommends approval of the grant offer contingent on City Attorney and Staff
approval of contract language changes concerning the termination clauss on page 8
section 2.6 and bid language page 3 section 3.2.1.2.
RAB/tas
cc: Susan Ruby /'~ ,Z? ~/-' O
Hoyt Owens
File:u:sweeney/agenda
File:013098a.doc
THE EFFORT ALWAYS MATTERS
Pnntod on Rocy¢/od Paper
, Agenda Item No.: ~- ,
AGENDA REQUEST
3anuary 30, 1998
Date:
Request to be placed on:.
x Regular Agenda Special Agenda Workshop Agenda
When: February 3, 1998
Description of agenda item (who, what, where, how much): City Commission
is requested to approve a Krant award from ~he South Florida Regional Plannin~ Council
under the Gold C~nm.~t Cl,_an C~t~o_.c Alternative }'u~l Vehicle Gran~ Pro,ram in the amount of
$lOO:OflO_ Th~.~ ~,~ z 5(}/5fi mntnhing grant w~th C~ty funding available_ ~n agan,,nt
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
'Recommendation:
Department Head Signature: ~~///~_~_~_/
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation {if applicable):
Budget Director Review (required on all items involving expenditure
of funds): ~0~
Funding available:
Funding alternatives: (if appli, cable)
Account No. & Description: .~/
Account Balance: .,~ 0"~9/ ~,~'~ ~ ~///30/~' //
City Manager Review:
Approved for agenda: ~/ NO ~1
Hold Until:,
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
SOUTH FLORIDA REGIONAL PLANNING COUNCIL
GOLD COAST CLEAN CITIES ALTERNATIVE FUEL VEHICLE GRANT PROGRAM
CONTRACT FOR SERVICES
This contract is made as of the ~ day of ,1997 between thc SOUTH FLORIDA REGIONAL
PLANNING COUNCIL, a body corporate and politic and an agency of the State of Florida, hereinafter referred to
as "SFRPC" and THE CITY OF DELRAY BEACH, hereinafter referred to as the "Contractor."
WITNESSETH:
WHEREAS, the SFRPC entered into a Grant/Appropriation Agreement and Administrative Services Contract
on July 10, 1995, with the State of Florida Department of Community Affairs, Florida Energy Office, incident to
thc functions, duties, and responsibilities of the Gold Coast Clean Cities Coalition, established through the Office
of the Governor of the State of Florida, the same being incorporated herein by reference and made a specific part
hereof (thc "Agreement"); and
WHEREAS, the Contractor, described above, has been selectedby thc SFRPC through a competitive process
of competitive selection and by virtue of its submission of a Response for Proposals, dated July 8, 1997; and
WHEREAS, thc Contractor represents that it is professionally qualified, possesses thc requisite skills,
knowledge, qualifications, and experience to provide the professional services described herein, and does offer to
perform such services for the SFRPC, and
WHEREAS, thc SFRPC has a need for such services and does accept the offer of the Contractor upon the
terms and conditions hereinafter set forth.
NOW, THEREFORE, the SFRPC and Contractor do mutually agree as follows:
I.__Q0 COVENANT FOR SERVICES
1.1 The SFRPC does hereby retain thc Contractor to perform the services defined herein and the
Contractor does hereby agree to perform such services for the SFRPC upon the terms and
conditions set forth in this contract.
1.2 The Contractor shall perform and render as an independent contractor and not as an agent,
representative, or employee oftbe SFRPC, all services as described in this contract in a proper and
satisfactory manner as determined by the SFRPC.
2...~0 CONDITIONS OF CONTRACT The Contractor will:
2.1 Assist thc SFRPC in complying with all applicable regulations concerning the State Energy
Conservation Program (SECP) as described in the Code of Federal Regulations, Title 10, Part 420,
the Financial Assistance Rules described in Title I0, Part 600, as well as those regulations
concerning the use of oil overcharge recovery funds.
2.2 Comply with all conditions contained in Attachment A titled "Standard Conditions of Contract"
attached hereto and made a part hereof l~y reference.
2.3 Within 'thirty (30) days from the execution of this contract, provide the SFRPC with a workplan,
detail budget and milestone chart detailing thc tasks, milestones, meetings, and critical product
· '..~ ..... ~ ......... ...i~:y.,.:;,~::$c..:.'.&..,..: ..~.-,-;,~.. · ~'_~:.' ':-~:~::'-~:~,:~.~.;:~'."-'//..'.::.::i?.~..::::$::-:':'-. 'v:~'.':~':+:', ~,':*' = -~:':e~ -:':":':'.'~':':':<':'-,:'.;:'~:',':':':':':'
primary management tool for on-t~me performance between the SFRPi~g;i[~,Illj
J Alq 2 1 199
PUBLIC WORK$
approved by the SFRPC, the dates indicated on the milestone chart may be modified only with the
prior written approval of the SFRPC. Prior to the approval of the work'plan, the Contractor shall
not undertake any substantial program activity without first obtaining written approval from the
SFRPC. As part of the workplan, the Contractor shall identify how the project will be evaluated.
The evaluation plan will include the means to provide the information required in the final report,
identified in Article IV, Section C.
2.4 SFRPC reserves thc right to transfer equipment acquired under this contract as provided for in Title
10, Part 600.117.
3.0 DEFINITION, SCOPE, AND QUALITY OF SERVICES
3.1 DEFINITION
3.1.1 The Florida Legislature appropriated a total of $1.1 million in oil overcharge funds to the
Department of Community Affairs for an aggressive alternative fuel vehicle grant program
in the Broward, Dade and Palm Beach tri-county area which is represented by the SFRPC
through the Gold Coast Clean Cities Coalition. The objective of the program is to expand
the use of technologically innovative alternative fuel vehicles (AFVs) by local
governments, and increase citizen awareness of altematives to gasoline and diesel fuels
for transportation. Local governments include cities, counties, special dislricts, school
boards and airport entities.
3.1.2 While the region has been re-designated as a maintenance area, vehicle emissions remain
a major concern for continued compliance. The use of alternative fuel vehicles can reduce
mobile source emissions and improve air quality. In addition, the increased number of
alternative fuel vehicles in the region can replace more gallons of gasoline, and reduce the
dependence on oil imports. As more alternative fuel vehicles operate in local
communities, and facilitate the continued development of the refueling infrastructure to
support those vehicles, an 1-95 clean fuels corridor can emerge with plans for
superstations to be located at the three major international airports of the region, including
West Palm Beach, Fort Lauderdale, and Miami Intemational Airports.
3.2 PROJECT SCOPE AND TASKS
3.2.1 The Contractor will utilize grant fimds to purchase up to ten dedicated CNG Ford F-250
pickup trucks for use by Code Enforcement, Water and Sewer Maimenance, Engineering,
Community Improvement and other deparunents. The funds will also be for fleet
personnel training in CNG, LPG and/or electric Powered vehicle technology as well as
community awareness campaign to promote the use of AF~.'s. The current fleet includes
five AFV's and the use of alternative fuels has been proven to thc City's administration
and fleet maintenance department. The Contractor is committed to additional AFV
purchases, in the future, using City funds for vehicles operations and replacement
appropriations.
In order to achieve the objectives of this project, the Contractor will complete the
following tasks:
3.2.1.1 Refueling Facilities - Thc Contractor will refuel all CNG vehicles at the Palm
Beach County CNG Station at 345 South Congress Avenue in Dclray Beach.
3.2.1.2 Vehicle Purchase - The Contractor will acquire up to ten dedicated CNG Ford
F-250 pickup trucks by October of 1998. The purchases will be from the State
of Florida Vehicle Contract completed under standard government bidding
procedures.
3.2.1.3 Mechanic and Operator Training - The Contractor will provide training on thc
maintenance of the purchased vehicles for all automotive mechanics involved
with thc project. In addition, the Contractor will cmurc that drivers of the
purchased vehicles receive training in the operation, safety, and maintenance of
the vehicles and refueling facilities, and that only properly trained individuals
operate the vehicles and refueling stations.
3.2.1.4 Technology Transfer and Public Outreach - All vehicles operating as a part of
this project will be clearly identified as alternative fuel vehicles. Vehicles funded
in this project will be made available for public events and used for educational
programs in addition to regular operating requirements. The Contractor will take
all reasonable steps to keep the local, regional, state, and national media
representatives informed of the project and the progress of its activities including
dedication of facilities, vehicle deliveries and other such activities as deemed
appropriate by mutual consent of the Conlxactor and the SFRPC.
The Contractor, through its office of information will coordinate marketing,
media and promotional campaigns, news releases, newsletters, public service
announcements, and special events. The Contractor will participate in the Gold
Coast Clean Cities Coalition and share its experience with AFVs with other
Coalition members.
3.2.1.5 Testing, Evaluation and Record Keeping - The Contractor will be responsible for
maintaining detailed checklists and logs to record mileage, fuel
consumption/battery activity, maintenance requirements, down-time days,
emissions and equipment performance characteristics, quality of overall project
effectiveness including public and driver perception of the AFVs. The
Contractor will make vehicles available for emissions tesfng by the Florida
Department of Environmental Protection (FDEP). This testing will be scheduled
at a time and location mutually agreeable to the Contractor, the SFRPC and the
FDEP.
4..~.0 EVALUATION AND REPORTING REQUIREMENTS
4.1 MONTHLY AND QUARTERLY REPORTS
The Contractor will report informally on a monthly basis the activities which have been conducted
on this contract, and formally on a quarterly basis. The quarterly report is to be received by the
Department no later than the fifth day of the month following the end of each calendar quarter
(October 5th, January 5tlg April 5th, and July 5). The quarterly report will briefly describe the
activities undertaken, workplan milestones, difficulties encountered and the steps taken to overcome
them, and the current financial status of the contract.
4.2 FINAL REPORT
Thc Contractor shall provide to the SFRPC a final narrative report which details and evaluates thc
accomplishments and impacts of the project. The report shall include any policy recommendations
which may be of assistance in implementing other projects of this nature. This final repor~ shall
be submitted within f~i~:.!~!.~,j t~r~x days of the expiration of the contract.
4.3 EVALUATION
The final xepor~ shall include an evaluation of the energy savings directly altributable to the project,
thc methodologies used, data verification, and projections of estimated energy savings expected to
accrue from the project.
5.__~0 CONSIDERATION FOR SERVICES
5.1 This is a cost-reimbursement contract. As consideration for the services rendered by the Contractor
under this contract, the SFRPC agrees to pay the Contzactor a sum not to exceed one hundred
thousand ($100,000) as reimbursement for expenses incurred for the full and successful completion
of this contract. ~nvoices will be accepted for payment on a quarterly basis with documentation
of expenses. The SFRPC reserves the fight to withhold payment of invoices until such rime as
milestones identified in the workplan have been met. The Contractor shall use forms approved by
the SFRPC when reporting expenses.
5.2 The Contractor shall expend funds in accordance with the project budget. The Contractor may
move up to 20 percent of the amount of one budget line item to another budget line item with the
approval oftbe SFRPC's Contract Manager. The Contractor may make other budget adjustments
only with the prior written approval of the SFRPC.
5.3 All invoices and requests for reimbursement shall be submitted and records mainlained in
compliance with all applicable state and federal laws, rules, regulations and guidelines, and the
polices of the SFRPC. All invoices will be submitted in sufficient detail to allow for a proper pre
and post audit.
5.4 The final invoice shall be submitted within ~~!~,~--~, t~'~x days of expiration of this
:..~:~::.:~:~ ~ -.,,
contract. The SFRPC reserves the right to withhold payment of ten percent of the total contract
or the final invoice, whichever is greater, until all work has been completed and the f'mal report
has been approved.
6.._~0 PERIOD OF CONTRACT
The contract shall begin upon execution by the SFRPC and end on September 30, 1999, inclusive.
?..__Q0 EXTENSIONS
The contract shall not be extended, as that term is deHned by Chapter 287.012(0), Florida Statutes, for more
than six months unless the extension is due to events beyond the control of the Contractor. Any extensions
will be authorized by amendments to this contract.
8.__.~0 AVAILABILITY OF FUNDS
The SFRPC's performance and obligation t~ pay under this contract is contingent upon an aunual
appropriation by the Legislature to the State of Florida, Department of Community Affahs, Florida Energy
4
MODIFICATION OF CONTRACT
This contract represents the entire agreement of the parties. Any alterations, variations, changes, expansion~
modifications, or waivers of the contract shall be valid only when they have been placed in writing, duly
signed by each of the parties hereto and attached to the original contract.
10.0 PRIDE
It is expressly understood and agreed that any articles which are the subject of, or requi~ed to carry out, this
contract shall be purchased from the corporation identified under Chapter 946, F.S. in the same manner and
under the same proceedings set forth in Section 946.515(2), (4), F.S.; and for purposes of this contract the
person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be
substituted for this agency insofar as dealings with such corporation are concerned.
11.0 VENDOR PAYMENTS
Pursuant to Chapter 215.422, F.S., a state agency shall issue the vendor's payment within 40 days after
receipt of an acceptable invoice and receipt, inspection, and acceptance of the good and/or services provided
in accordance with the terms and conditions of the contract. Failure to issue the warrant within 40 days
shall result in the agency paying interest at a rate as established pursuant to Section 55.03(1), F.S. The
interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by
contacting the Vendor Ombudsman at (904) 488-2924, or by calling the State Comptroller's Hotline, 1-800-
848-3792.
IN WITNESS THEREOF, the parties have caused this Agreement to be duly executed by their authorized
officials as of the day and year f~t above mentioned at Hollywood, Florida.
SFRPC:
ATTEST SOLrl~I FLORIDA REGIONAL PLANNING
COUNCIL
CAROLYN A. DEKLE, EXECUTIVE DIRECTOR
DATE
Approved as to legal form:
BY:
SAMUEL S. GOREN, ESQ.
General Counsel to SFRPC
CONTRACTOR:
CITY OF DELRAY BEACH
DAVID T. HARDEN, CITY MANAGER
Authorized Represcntativc
DATE
6
ATTACHMENT A
STANDARD CONDITIONS OF CONTRACT
This contract is subject to all the conditions listed below. Waiver of any of these conditions must be upon the
express written approval of the SFRPC, and such waiver shall be a part of this contract.
1.0 Allowable Costs
Expenditure of proceeds from this contract shall be subject to OMB Circular No. A-102,
Administrative Requirements for State and Local Governments" or OMB Circular No. A-11 O, "Grants and
Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either
OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circula~ No. A-21,
"Cost Principles for Educational Institutions," or OMB Circular A-122, "Cost Principles for Nonprofit
Organizations." If this contract is made with a commercial (for-profit) organization on a cost-
reimbursement basis, the Contractor shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
No proceeds from this contract shall be used to pay indirect costs or administrative expenses unless
explicitly authorized in the budget in the contract.
2.0 Termination of Contract
2.1 If any of the following events occur ("Events of Default"), all obligations on the pan of the
SFRPC to make any further payment of funds hereunder shall, if the SFRPC so elects, terminate
and, the SFRPC may at its option exercise any of its remedies set forth herein, but the SFRPC may
make any payments or parts of payments after the happening of any Events of Default without
thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
2.1.1 If any warranty or representation made by the Contractor in this Contract or any previous
Contract with the Department shall at any time be false or misleading in any respect, or
if the Contractor shall fail to keep, observe or perform any of the terms or covenants
contained in this Contract or any previous agreemem with the SFRPC and has not cured
such in timely fashion, or is unable or unwilling to meet its obligations thereunder;
2.1.2 If any material adverse change shall occur in the financial condition of the Conwactor at
any time during the term of this Contract from the financial condition revealed in any
reports filed or to be filed with the SFRPC, and the Contractor fails to cure said material
adverse change within thirty (30) days from the time the date written notice is sent by the
SFRPC.
been submitted to the SFRPC or have
2.1.3 If any reports required by this Contract have not
been submitted with incorrect, incomplete or insufficient informatio
2.1.4If the Cunuactor has failed to perform and complete in timely fashion any of the services
required under the Budget and Scope of Work as stipulated in the Contract.
2.1.5 Breach or default of any, tgrm, condition or provision of the Grant/Appropriation
Agreement.
2.2 Upon the happening of an Event of Default, then the SFRPC may, at its option, upon written
7
notice to the Contractor and upon the Contractor's failure to timely cure, exercise any one or more
of the following remedies, either concurrently or consecutively, and lhe pursuit of any one of the
following remedies shall not preclude the SFRPC from pursuing any other remedies contained
herein or otherwise provided at law or in equity:
2.2.1 Terminate this Contract provided that the Contractor/Recipient is given at least fifteen (15)
days prior written notice of such termination. The notice shall be effective when placed
in the United States mail, f~rst class mail, postage prepaid, by registered or certified mail-
return receipt requested, to thc address set forth in thc Contract as thc Conuactor's
address;
2.2.2 Commence an appropriate legal or equitable action to enforce performance of this
Contract;
2.2.3 Withhold or suspend payment of all or any part of a request for payment;
2.2.4 Exercise any corrective or remedial actions, to include but not be limited to, requesting
additional information from the Contractor to determine thc reasons for or the extent of
non-compliance or lack of performance, issuing a written warning to advise that more
serious measures may be taken if the situation is not corrected, advising the
Contractor/Recipient to suspend, discontinue or refrain from incun'ing costs for any
activities in question or requiting the Contractor to reimburse the SFRPC for the amount
of costs incurred for any items determined to be ineligible;
2.2.5 Exercise any other rights or remedies which may be othenvise available under law;
2.3 The SFRPC may terminate this Contract for cause upon such written notice as is reasonable under
the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of
compliance with applicable roles, laws and regulations; failure to perform in a timely manner; and
refusal by the Contractor to permit public access to any document, paper, letter, or other material
subject to disclosure under Chapter 119, Florida Statutes, as amended.
2.4 Suspension or termination constitutes final agency action under Chapter 120, Florida St.atutes, as
amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
2.5 The Contractor shall return tids to the SFRPC if found in non-compliance with laws, roles,
regulations governing the use of the funds or this Contract.
2.6 This Contract may be terminated by the written mutual consent of the parties.
This Contract may ..... be terminated by either party for reason ,or for no reason b¥1~iving thir~ (}0)
days written nonce to the other party; said notice shall be sufficient if it, s delivered to the pa~
-'pel'~Onally or mailed by certified mail to the mailing address as specified herein. - - ~"-- -
This Contract may be unilaterally terminated by the SFRPC if the Contractor refuses to allow
public access to all documents, letters, or other materials subject to the provision of Chapter 119,
F.S. which were prepared or received by the Contractor in conjunction with this Contract.
2.7 Notwithstanding the above, the Contractor/Recipient shall not be relieved of liability to the SFRPC
by virtue of any breach of Contract by the Contractor. The SFRPC may, to the extent authorized
8
by law, withhold any payments to the Contractor/Recipient for purpose of set-off until such time
as the exact amount of damages due the SFRPC from the Conuactor/Recipient is determined.
In the event of termination of the Contract by either party, all property p=eha:ed
~ .~.:'~' :.:,..'.:.:-:.'.:.:.'~- .-.:.:.:...~.......:,~:.:...:.-,:.:,.: :.- ?.~-.:.::.:.:.:.-..:.,.-.?..:::,.:~.:.....:.~:. ::.-:...:::::- -.:.:.:.::- :.:.:..%: .....-.:.....?.:.-.:....- ~.:.-:.: ... ~.:.:,:... :.:...:.:.- .... :.:.:.:.:...:.: :.:.::.:.:,. -.:.:.:.:.:. :...:.:...:-.:.:;.:.::,:,
......... ..................... ..................
*g;-__ '~-~-"-*_ ...... shall become the property of the SFRPC and disposed of in accordance with I- CFR
600, Subpart E, which sets forth thc Uniform Administrative Requirements for Grants and
Cooperative Agreements with State and Local Governments.
Ail f'mished or unfinished documents, data, studies, and reports prepared by the Contractor shall
be relinquished to the SFRPC. The Contractor shall be entitled to the compensation for approved
services and expenses incurred prior to the date of notice, of termination of the Contract.
Notwithstanding the above, the Contractor shall not be relieved of liability to the SFRPC for
damages sustained by the SFRPC by virtue of breach of the Contract by the Contractor until such
time as the exact amount of damages due the SFRPC fi'om the Contractor is agreed upon or
otherwise determined.
3.0 Changes
The SFRPC may, from time to time, request changes in the scope of the services to be performed by the
Contractor under this Contract. Such changes, including any increase or decrease in the amount of the
Contractor's compensation, or change in the contract period, which are mutually agreed upon by and
between the SFRPC and the Contractor, must be incorporated in written amendments to this Contract.
4.0 Assignability
The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same
(whether by assignment or novation), without the prior written consent of the SFRPC. However, the
Contractor may employ consultants to assist in the performance of its responsibilities under this contract
with the prior written consent of the SFRPC. The Contractor shall furnish the SFRPC copies of any and
all assignments, agreements, or subcontracts connected with this Contract.
5.0 Subcontracts
5.1 If the Contractor subcontracts any or all of the work required under this Contract, the
Contractor/Recipient agrees to include in the subcontract that the subcontractor is bound by the
terms and conditions of this Contract with the Department.
5.2 The Contractor agrees to include in the subcontract that the subcontractor shall hold the SFRPC
and Contractor harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Contract, to the extent allowed and required by law.
5.3 If the Contractor subcontracts, a copy of the executed subcontract must be forwarded to the
Contractor within ten (! ~)~ii:.i~~ days after execution.
6.0 .Contingent Fees Prohibited
The Contractor warrants that no person, selling agency, or other organization has been employed or retained
to solicit or secure this Contract upon a contract or understanding for a commission, percentage, brokerage,
9
or contingent fee. For breach or violation of the warrant, the SFRPC shall have the right to annul this
Contract without liability, or in its discretion to deduct from the compensation, or otherwise to recover the
full amount of such commission, percentage, brokerage, or contingent fee.
7.0 Discrimination in Employment Prohibited
The Contractor agrees to comply with Executive Order 11246 of September 24, 1965 entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented
in the Dcparlmcnt of Labor regulations (41 CRF Part 60). In accordance with the above laws and
regulations, the Contractor agrees to assure, to the extent of the coverage of this Contract, that no person
in the United States shall, on the grounds of race, color, national origin, sex, age, or handicap, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity in which thc SFRPC received federal assistance from the Department of Energy.
8.0 Audit
8.1 Thc Contractor agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account for the receipt and expenditure of funds under
this Contract.
8.2 These records shall be available at all reasonable times for inspection, review, or audit by state
personnel and other personnel duly authorized by thc SFRPC. "Reasonable" shall be consuued
according to circumstances, but ordinarily shall mean normal business hours of g:00 a.m. to 5:00
p.m., local time, Monday through Friday.
8.3 The Contractor shall also provide the SFRPC with thc records, reports or £mancial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Contract.
g.4 The Contractor shall provide the SFRPC with an annual financial audit report which meets the
requirements of Sections 11.45 and 216349, Florida Statutes, and Chapter 10.550 Rules of the
Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31, U.S.C. ss. 7501-
750'/, OMB Circulars A-128 and A-133 for the purposes of auditing and monitoring the funds
awarded under this Contract. Agencies, institutions, and other governmental entities scheduled for
audits under the Office of the Auditor General, Stale of Florida, or as required by State Statute,
are not required to provide separate copies of the audit, provided that the Agency's, institution's,
or governmental entity's audit is scheduled for automatic distribution.
8.4.1 The annual f'mancial audit report shall include all management letters and the Contractor's
response to all findings, including corrective actions to be ta
.............. ........... :'"'.
8.4.2 The annual financial audit report shall include a schedule of financial assistance
specifically identifying all Contract and grant revenue by sponsoring agency and Contract
number.
8.4.3 The complete financial audit report, including all items specified in
~li:~ above, shall be sent directly lo: South Florida Regional pla,~,,i,~g SFRPC,
Holl¥~vood Boulevard, Suite 140, Hollywood, Florida 33021.
8.~ In the. event the audit shows that the entire funds, or any portion thereof, was not spent in
accordance with the conditions of this Contract, the Conu'actor shall be held liable for
10
reimbursement to the SFRPC of all funds not spent in accordance with these applicable regulations
and Contract provisions within thirty (30) days after the SFRPC has notified the Contractor of such
non-complia~ice.
8.6 The Contractor shall retain all fmancial records, supporting documents, statistical records, and any
other documents pertinent to this Contract for a period of three years after the date of submission
of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of thc three-yearperiod, thc records shall be retained until the litigation or audit f'mdings
have been resolved.
8.7 The Contractor shall have all audits completed by an independent certified public accountant (IPA)
who shall either be a certified public accountant or a public accountant licensed under Chapter 473,
Florida Statutes. The [PA shall state that the audit complied with the applicable provisions noted
above.
9.0 Records Retention
9.1 If applicable, Contractor's performance under this Contract shall be subject to OMB Circular No.! -
102, "Uniform Administrative Requirements for State and Local Governments" or OMB Circular
No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local
Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB
Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Contract is made with
a commercial(for-profit) organization on a cost-reimbursement basis, the Contractor/Recipientshall
be subject to Federal Acquisition Regulations 31.2 and 931.2.
9.2 All original records pertinent to this Contract shall be retained by the Contractor/Recipient for three
years following the date of termination of this Contract or of submission of the final close-out
report, whichever is later, with the following exceptions:
9.2.1 If any litigation, claim or audit is started before the expiration of the three year period and
extends beyond the three year period, the records will be maintained until all litigation,
claims or audit findings involving the records have been resolved.
9.2.2 Records for the disposition of non-expendable personal property valued at $1,000 or more
at the time of acquisition shall be retained for three years after final disposition.
9.3.3 Records relating to real property acquisition shall be retained for three years after closing
title.
9.3 All records, including supporting documentation of all program costs, shall be sufficient to
determine compliance with the requirements and objectives of the Budget and Scope of Work, and
all other applicable laws and regulations.
9.4 The Contractor, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Contract, shall allow access to its records at reasonable times to the
SFRPC, its employees, and agents. "Reasonable"shali be construed according to the circumstances
but ordinarily shall mean during normal business hours from 8:00 a.m. to 5:00 p.m., local time,
on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
SFRPC.
11
10.0 Standard Conditions
The Contractor agrees to be bound by thc following standard conditions:
10.1 The SFRPC's performance and obligation to pay under this Contract is contingent upon an annual
appropriation by the Legislature to the Department of Community Affairs, and subject to
modification in accordanccwith Chapter 216, Florida Statutesi~i~
:~': -~,x-.-.:~,:-x~:.'~.'-:-:.::.~ .~..~..~.`..~:...~.:.x.:.:~...:~`.~.:......x.:.:.:~.:~.:.~:....:.....~:.~:.:.:.:.:.:.:.:.:.:~..:....`~.~:~..:.:..~.`.`:.×~.:.~:.:~.:.:.:.:.~::~:~:.:~::.::::::E:::~::.d~`~ .".'~.:;~:E '~-~:::.. :i.:."::':':'-~:":-:.::
~~l~ii:~.~,..~!: ' ~ !*~' :.i~i~., .~ "!~.~}~':'~?~g.",:'.~:'::~':"::::~:~::~ '"":~:;~:~: ...... .~:~ -:~s:.'..:~ .... :-'.-:~:-'.':.q~. ~:-': ::::::::::::::::::::::::::::::::::::::::: ......... ::
10.2 If otherwise allowed under this Contract, extensiou of a Contract for contractual services shall be
in writing for a period not to exceed six (6) mouth~ and shall be subject to the ~ame terrm and
conditions set forth in the initial Contract. There shall be only one extension of the Contract unless
the failure to meet the criteria set forth in the Coniract for completion of the Contract is due to
events beyond the control of the Contractor/Recipient.
10.3 All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
10.4 If otherwise allowed under this Contract, all bills for any travel expenses shall be submitted in
accordance with s. 112.061, Florida Statutes.
10.5 The SFRPC reserves the right to unilaterally cancel this Contract for refusal by the
Contractor/Recipient to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor
in conjunction with the Contract.
11.0 Publication and Publicity
The Contractor shall not publish any materials ~~ ~ded by t~s Contact without the prior
written approval of the SFRPC. All publications shall acknowledge that the program is suppoaed by funds
granted by the SFRPC and the Deparunent of Community Affairs, Florida Energy Office.
i 2.0 Patents and Convri~hts
If the Contractor brings to the performance of this Contract a pre-existing patent or copyright, the
Contractor shall retain all rights and entitlements to the pre-existing patent or copyright unless the Contract
provides otherwise.
If any discovery or invention arises or is developed in the course of or as a result of work or services
performed under this Contract, or in any way connected herewith, the Contractor shall refer the discovery
or invention to the SFRPC for a determination whether patent protection will be sought in the name of the
SFRPC. Any and all patent rights accruing under or in conjunction with the performance of this Contract
are hereby reserved to the SFRPC. In the event that any books, manuals, films, or other copyrightable
material are produced, the Contractor shall notify the SFRPC. Any and all copyrights accruing under or
in conjunction with the performance under this Contract are hereby reserved to the SFRPC.
At the time of the submission of the workplan required by Article II, the Contractor shall disclose all
intellectual properties relevant to the performance of this Contract which he or she knows or should know
could give ris~ to a patent or copyright. The Contractor shall retain ali rights and entitlements to any pre-
existing intellectual property, which is so disclosed. Failure to disclose will indicate that no such property
12
exists. The SFRPC shall then, under Paragraph b; have thc right to all patents and copyrights, which occur
during performance of the Contract.
13.0 Monitoring
The Contractor shall permit the SFRPC, or its duly authorized representatives, to monitor thc project
pertaining to this Contract as deemed necessary by the SFRPC. The Contractor will monitor its
subcontractors.
14.0 Certification Regarding Lobbying
Thc Contractor shall execute the Certification Regarding Lobbying, Attachment C, which is attachcdto, and
incorporated by reference in, this Conuact.
15.0 Lobbying and Political Activity Prohibited
Thc Contractor/Recipient certifies, by their signature to this Contract, that to the best of his or her
knowledge and belief:
15.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer of employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, thc making of any Federal grant,
the making of any Federal loan, thc entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan, or
cooperative agreemenL
15.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
conjunction with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
15.3 The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representative of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penally of not less than $10,000 and
not more than $100,000 for each such failure.
15.4 No funds or other resources received from the SFRPC in connection with this Contract may be
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
16.0
13
17.0 Compliance with Local Laws
The Contractor shall comply with all applicable laws, ordinances, and codes of state and local governments.
18.0 Debarred and Suspended Parties
The Contractor certifies that neither its organizations nor any member of the staff is debarred or suspended
or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive
Order 12549, "Debarment and Suspension." The Contractor may not make any subcontract to a debarred
or suspended paw/. A current listing of such parties is maintainedby the Department of Communivj Affairs
for review by Contractors.
19.0 Clean Air and Water Acts
If this Contract or any resulting subcontract is for an amount in excess of $100,000, thc Contractor must
comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Ak Act
(42 U.S.C. 1857 (h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15).
14
ATTACHMENT B
AUTHORIZED BUDGET
CITY OF DELRAY BEACH
CONTRACT AMOUNT
Vehicle Purchase Cost * $100,000
TOTAL: $100,04
· Prior written approval from the SFRPC is required for all equipment purchases over $500.
15
CERTIFICATION REGARDI'NG LOBBYINGATTACHMENT C ~,
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersign.ed certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any 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 paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report
Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and conuacts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor
BY:
Type Name and Title
9~043~1~m~lchly
Rev M):I -I
16
CITY OF I)ELRI:IY BEACH
CiTY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRA¥ BEACH Writer's Direct Line: 561/243-7091
Ali. America C~
M~ Op.~sa'NTDU'~
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Clecldey v. City of Delray Beach
Plaintiff, Anthony Clecldey, is a paramedic with the City's Fire Department. Mr.
Clecldey sued the City alleging a violation of the Americans with Disability Act,
violation of Title VII of the civil Rights Act, and the Florida Civil Right Act of 1992.
Plaintiff alleged he was discriminated based on an employment action taken by the Fire
Departmem in 1996. The trial of this case was set on the June 22, 1998 docket.
The City's attorneys have received an offer to settle this case. Plaimiff has proposed
filing a Stipulation of Dismissal with prejudice, each side bearing its own attorney's fees
and costs. Our office concurs in the recommendation of counsel that this proposal of
settlemem is in the best interests of the City.
By copy to David Harden, City Manager, our office requests that this settlemem
proposal be placed on the February 3, 1998 agenda for City Commission approval.
cc: David Harden, City Manager //~. ~,~6~ ~
Alison Harry, City Clerk ~ ~--~ t9
Frank Babin, Risk Manager
Steve Hanzman, Gallagher Bassett Services
Leonard Carson, Esq., Carson & Adkins
cleckl 11.sar
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 3, 1998 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.I. ACCESS EASEMENT AGREEMENT WITH OCEAN pROPERTIES: Consider
approval of an access easement agreement with Ocean Proper-
ties regarding the City parking lot on the north side of the
new Delray Beach Marriott.
9.J. LANDSCAPE EASEMENT AND MAINTENANCE AGREEMENT WITH MANOR HOUSE
CONDOMINIUM ASSOCIATION, INC.: Consider approval of a
landscape easement and maintenance agreement with Manor House
Condominium Association, Inc.
£1TV I]F DELRR¥ BER£H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America City
1993
DATE: February 2, 1998
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Ocean Properties Access Agreement
The attached agreement is to be entered into between the City and Ocean Properties
regarding the City parking lot on the north side of the new Delray Beach Marriott.
Pursuant to the agreement, Ocean Properties will pay the City $75,000 for the use of the
City's parking lot. At this time, Ocean Properties has not agreed to the $75,000.00
payment. Ocean Properties would rather pay $50,000. Pursuant to prior City
Commission direction, the $75,000.00 figure is in this draft of the agreement.
In return for the monetary payment, the City will grant Ocean Properties a perpetual
easement for access and roadway purposes over the south 24 feet of the City's property.
The City shall determine when the parking lot shall remain open and accessible to the
public. When access to the public is closed from A-l-A, Ocean Properties will have
access from the hotel property.
Pursuant to the agreement, Ocean Properties will maintain the surface over the parking
area on the City's property, and the access from the hotel property. Maintenance
includes surfacing, day to day cleaning, debris removal, and landscaping. In order to
maintain continuity, Ocean Properties shall also be responsible for striping the parking
lot. The City will be responsible for installing parking meters and a gate at the entrance
from A-1-A. Ocean Properties will also be required to obtain general liability insurance
in an amount to be determined by the City, and indemnify the City for any injuries
arising out of Ocean Properties' use or maintenance of the property.
At this time, the only outstanding issue is the amount of the monetary payment Ocean
Properties should make to the City, and whether an amount of insurance should be stated
City Commission
February 2, 1998
Page 2
in the agreement. Therefore, at the time the Commission considers this agreement, these
matters should be specifically addressed.
If you have any questions, please all.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Diane Dominguez, Director of Planning and Zoning
ocean-3.dnt
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT, by and between the CITY OF
DELRAY BEACH, a Florida municipal corporation (City) and OCEAN PROPERTIES,
LTD., a Maine Corporation (Ocean Properties ) is made as of the date of execution hereof by
the last of the parties to execute.
WlTNESSETH:
WHEREAS, City is the owner of Parcel 1, the "Property", situated in Palm Beach
County, Florida, more fully described in ~ attached hereto and made a part hereof;
and,
WHEREAS, Ocean Properties is the owner of property situated in Palm Beach
County, Florida, more fully described in ~ attached hereto and made a part hereof;
and,
WHEREAS, the property described in ~ is immediately adjacent to and
contiguous with the property described in ~; and,
WHEREAS, the City determines that it is a valid public purpose to enter into this non-
exclusive Access Easement Agreement allowing Ocean Properties access over a portion of
the property shown in ~ and as legally described in ~; and,
WHEREAS, for explanation and convenience, there is a rendering of the driveway
access easement attached hereto as ~; and,
WHEREAS, for explanation and convenience, there is a rendering of drainage and
exfiltration facilities, attached hereto as ~; and,
WHEREAS, it is the intent of the parties that the non-exclusive easement as shown in
~ is subordinate to and inferior to the right of the public over the property; and,
WHEREAS, all references to either the City and/or Ocean Properties in this Access
Easement Agreement shall also include, as may be applicable, their respective heirs, personal
representatives, employees, tenants, tenant's employees, business invitees, other invitees and
licensees, and their respective successors, and assigns.
NOW, THEREFORE, in consideration of the mutual covenants and promises, the sum
of Seventy-Five Thousand Dollars ($75,000.00) and other valuable consideration, subject to
the rights, obligations and limitations, set forth herein, the parties covenant and agree as
follows:
1. Recitations. The recitations set forth above are hereby incorporated as if fully
set forth herein.
2. Grant of Access Easement: The City hereby grants and conveys a non-
exclusive perpetual easement for access and driveway purposes to Ocean Properties over the
property described in ~. Access and driveway purposes as used in this Agreement
means for the full and free right and liberty to pass and repass, ingress and egress, over, on,
upon and through the property described in ~, in order to allow full and free
pedestrian and vehicular access from and between the property described in ~, the
hotel facility, and A1A, provided however that the access to A1A shall be restricted to such
times as the public parking as described in~ is open to the public. The City shall, in
its sole discretion determine when the public parking shall remain open and accessible to the
public. If the access to A1A is closed, Ocean Properties shall retain its right of vehicular
2
and pedestrian access over the property described in ~, except that Ocean Properties
shall provide a point of ingress or egress through the hotel facility property.
3. Term. This Access Easement Agreement as described in ~ shall be
perpetual and may only be terminated by written instrument duly executed by both parties
hereto except as provided in Paragraph 5.
4. Duties of the Parties:
A. Ocean Properties shall:
(1) Pay to the City $75,000.00 for the Access Easement, payable upon the
date of issuance of the certificate of occupancy.
(2) Maintain the surface over the Access Easement shown in ~, the
portion of ~ used for access to the City property shown in
~, and the City's property described in ~. The
maintenance shall include but not be limited to, surfacing and
resurfacing, day to day cleaning of the properties, and debris removal,
maintaining the aforesaid properties in a neat, clean and sanitary
condition, free from all garbage and trash, litter and debris, landscape
maintenance and replacement, striping and restriping of the property
described in ~ and ~ as may be requested from time to
time by the City, maintenance and painting of the curb stops on the
property described in ~, and all other maintenance and repair
except as otherwise expressly set forth in this Agreement as a duty of the
City.
(3) Ocean Properties shall not construct or place any improvements on the
property described in Exhibit A anal (2 and shall not obstruct, impede, or
interfere in the free flow of vehicular or pedestrian traffic over the
property described in Exhibits A and C, or interfere with, obstruct or
impede in the free ingress and egress of the vehicles, pedestrians, and
traffic from the City's property described in Exhibits A and C.
(4) Ocean Properties acknowledges that certain drainage facilities and
exfiltration trenches as shown in ~ shall be maintained by Ocean
Properties.
B. The City shall:
(1) Be responsible for the installation and maintenance of parking meters,
that the City may in its sole discretion install on its property shown in
(2) Provide replacement and/or repair of the curb stops located on the
property shown in ~, including painting of the curb stops on
property shown in ~.
(3) Shall repair potholes on the property described in ~ and
(4) Install, repair, and replace a gate at the egress and ingress access at
A1A. The City shall be responsible for the opening and closing of the
gate. The City, in its sole discretion shall determine if a gate will be
installed, repaired or replaced and if installed, the dates and times when
the gate will remain opened or closed.
5. Taxes and Assessments. Ocean Properties shall pay any and all taxes and
assessments that may be levied from time to time against the property described in ~.
The parties acknowledge that the Property described in ~ is City owned property and
that no taxes or assessments are anticipated to be levied on the Property described on ~
C. The City agrees that it shall not take any action to levy an assessment on the Property
described in ~ which would impose a requirement on Ocean Properties to pay an
assessment. If, however, taxes and/or assessments are due on the property described in
~, then Ocean Properties shall be responsible for payment of the assessment. Ocean
Properties retains the ability to contest either the payment and/or the amount of the taxes and
assessments, but shall in no event cause a tax lien to be filed against the property shown in
6. Default. If Ocean Properties fails to perform any of its duties under this
agreement including, but not limited to, providing all maintenance and repair as set forth in
4
this Agreement, payment of taxes, and assessments as may be required on the property
described in ~, the maintenance of adequate insurance as may be required by the City,
the levels of which may be changed by the City from time to time, or fails to indemnify the
City as provided for herein, the City may declare a default by providing written notice giving
Ocean Properties ninety (90) days to cure the default. If Ocean Properties fails to cure the
default within the ninety (90) days, the City shall have the right to seek enforcement of this
Agreement in the Circuit Court in Palm Beach County, Florida. If Ocean Properties
impedes or obstructs access to the City's property described in ~, by impeding or
obstructing access over the property described in ~ for more than one hour without the
City's prior consent, and the City is required to give notice thereof more than three times in
any calendar year, Ocean Properties shall pay to the City $1,000.00 for each time the
impediment occurs in excess of three times in any calendar year.
7. Covenants Running with the Land. The easement hereby granted shall
be a servitude on the property described in ~. The easement, restrictions, and
obligations created by this Agreement shall run with the land and, shall be binding upon the
party granting, making or assuming such easement or obligation or restriction and such party's
successor's, assigns and mortgagees, and shall inure to the benefit of the other party hereto
and its successors and assigns and mortgagees and any lessee, assignee or mortgagees, or
transferee of any part of the property shall automatically be deemed, by acceptance of the
estate, title, lease or portion thereof to have assumed all obligations hereof and relating
thereto.
8. Leases and Licenses. Ocean Properties shall require that all leases and
licenses shall include and be made subject to the obligations, limitations and restrictions of this
agreement and provide for the termination thereof for non-compliance with this agreement.
9. Indemnification. Ocean Properties shall and does hereby agree to
indemnify, hold harmless and defend the City, its officers, agents, employees, successors and
assigns from and against any and all judgments, damages, claims, demands, losses, liability
and other costs and expenses, including reasonable attorneys fees incurred in the defense
thereof, that may be incurred by the City by reason of any loss, damage, or injury to any
person or property, resulting directly or indirectly by reason of Ocean Properties use of the
property or maintenance of the property described in Exhibits B and/or C and ~
and/orE, or by reason of the act, or failure to act, on the part of Ocean Properties and/or
its agents, employees, tenants, tenant's employees or representatives, and further shall, and
hereby agrees to indemnify, hold harmless, and defend the City its officers, agents and
employees from and against any and all losses, claims, demands, costs and expenses to which
the City may become subject by reason of the failure of Ocean Properties , its managers,
agents, licensees or tenants to pay, perform or observe any covenants, terms, conditions and
provisions contained in this Agreement.
10. ~ Ocean Properties shall obtain in amounts determined by the
City comprehensive general liability insurance for the property described in ~ and
shall name the City as an additional insured.
11. Enforceability/Venue. This Agreement and the rights created thereby shall
not be construed as vesting any rights in any licensee, tenant or other third party or person,
other than the signatories hereto and subsequent owners and mortgagees of the various parcels.
Venue for the enforcement of this Agreement shall be in Palm Beach County, Florida. To be
effective, this Agreement must be executed by both parties.
12. Warranties. Both parties, with respect to the parcel of property owned by
such party, warrants, represents and covenants to the other party: (a) that all mortgagees,
lienors, encumbrances, or other parties having any interest in such property and which are
necessary or appropriate to join in the execution of this Agreement in order to make this
Agreement fully effective as to such property, have so joined in the execution hereof, or
provided appropriate releases; Co) that this Agreement constitutes a valid and legally binding
obligation of such party enforceable in accordance with its terms; and (c) that this Agreement
has been executed by an authorized person on behalf of such party.
13. Recording. Document Stamps. Fees. This Agreement shall be recorded in the
public record of Palm Beach County, Florida. All recording costs, fees or documentary stamp
fees shall be borne by Ocean Properties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by
officers, their signatures and seals this day of , 1998.
WITNESS: OCEAN PROPERTIES, LTD.
By:
(Signature of Witness)
(Signature printed or typed) (Signature printed or typed)
(SEAL)
7
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1998, by (name of officer or agent, title of
officer or agent), of , a corporation, on
behalf of the corporation. He/She is personally known to me or has produced
as identification.
Signature of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form and
Legal Sufficiency:
City Attorney
ocean.agt
Exhibit B
;
A parcel os' land blLnq a ;ort..tofl of [3r',-g&nat I. otB ,,t~ ~srQugf~
roi 1~: ·
~Z~ a~ C~e zn~ers~C~on ~f the C~Cer~ne o~ A~lanCig Argue
a disC~ce of 79.~ feet:
C~Cl easterly a~ ~o l~' .~' C~ C~ eas~ from
(:) chute s~t~erly along the eastlrJy I~ne of sa~d PI~C a dzs~ce
~i~h the ~C rig~t-~t~ay tine at Sta~e ~oao A--I-A-pe~ Pla~ ~O~
(1) ~h~cl sOu~hNsCorly and ~sceriy along eno a~C
(~ ~Cl ~eSClrly al~q ~he nqrCheriy r~g~C-~-~ay Of
Argue a disC~cl of 28~.~8 foeC Co ~hl ~INT OF
X herlOy Certify to Ocean * ·
to SKtion 472.827. F1or~da Statutes.
Nanuel A. Gu~ierce~
p:ofessional ~and S~*yar
F~orida Certificate ~o. 4~02
EXHIBIT
DESCRIPTION
THE SOUTH 24. FEET OF PARCEL 1
THE SOUTH 2.4. FEET OF A PARCEL OF LAN0 BEING A PORT10N OF 0RIGINAL LOTS 13. 14.. & 15. OCEAN
SE. ACH SUBDIVISION. SECTION 16. T4.65. R4.3E. DELRAY BEACH. PALM 8EACH COUNTY. FLORIDA. MORE
PART I CtJLN~T
CCt,.e.~NClNG AT THE INTEESECTION OF THE CENTERLINE OF ATLANTIC AVENUE ANO THE EAST RIGHT-
OF-WAY L I NE OF ANDREWS AVENUE EXTENOED: THENCE WI TH MA I O E.,AMT R I GHT-OF-WAY L I NE
NORTHERLY 612.83 FEET TO ~ NORTH LINE OF THE SOUTH HALF ($1/2) OF ORIGINAL LOT 13 IN AN
EASTERLY D I RECT I ON TO THE PO I NT OF BEG INN I NG; THENCE CONT I NU I NG ALONG SA I O NORTH L I NE.
314..95 FEET IN AN EASTERLY DIRECTION TO THE ~[$T RIGHT-OF-WAY LINE OF OCEAN BOULEVARD
($. R. A1A); THENCE WITH AN IN'FE~IOR ANGLE TO THE LEFT OF 81 DEGREES 18' 07". 57.66 FEET IN A
SOUTHERLY DIRECTION ALONG SAID I~[$T RIGHT-OF-WAY LINE; THENC~' WITH AN INTERIOR ANGLE TO
~ LEFT OF 98 0EGREE$ 4.1' 53". 306.02 FEET IN A ~ESTERLY DIRECTION: THENCE WITH AN INTERIOR
ANGLE TO THE LEFT OF 90 DEGREES 12' 30'. 57.00 FEET IN A NORTHERLY DIRECTION TO THE POINT OF
BEG INN I NG.
CITY of DELRAY t EACH
~NVIRON~ENTAL SERVICES
LOT 15
LOT ~4
A~N~C AVENUE (SRSOO)
CITY of DE~AY BEACH
a 0 0 ~ I I
FOR RAUP
TO lO' P.V.~ (INV. ~-4.25': ~ R~ OE~ ~S~NG ~T~ BASIN
(SEE UE~ P~S ~' ~ · ~/ 4 0' N G v. 0.
F~ 0RNN)'
PARKINO ~RNAR~JN0
~ '~ ... .. ~. ...... . · . .~..
-' (BY
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 3, 1998 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.I. ACCESS EASEMENT AGREEMENT WITH OCEAN PROPERTIES: Consider
approval of an access easement agreement with Ocean Proper-
ties regarding the City parking lot on the north side of the
new Delray Beach Marriott.
9.J. LANDSCAPE EASEMENT AND MAINTENANCE AGREEMENT WITH MANOR HOUSE
CONDOMINIUM AssOCIATION, INC.: Consider approval of a
landscape easement and maintenance agreement with Manor House
Condominium Association, Inc.
[IT¥ OF DELRI:I¥ BER[H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
F L o r I D a
Ali.America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorney-y~
SUBJECT: Landscape Easement and Maintenance Agreement with Manor House
Condominium Association, Inc.
The attached agreement is to be entered into between the City and the Manor House
Condominium Association, Inc. ("Association). Pursuant to the agreement, the City will
grant to the Association an easement over the north five feet of the parking lot on the
north side of the Delray Beach Marriott. The easement will be a landscape easement
which will consist of plants and an irrigation system.
The City is responsible for replacing any dead material for a one year period after
installation. The Association will maintain the landscaping on the north side of the wall
at its own cost. Both sides of the six foot wall are to be maintained by the City. The
Association is agreeing to indemnify the City from any injuries caused by the
maintenance of the landscaping.
If you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Diane Dominguez, Director of Planning and Zoning
manor-I .dnt
Prepared by and retum to:
Ellie Hal~oerin, Esq.
F. Martin Peru/& Associates, P~,.
1645 Palm Beach Lakes 81vd. Suite 1200
W. Palm Beach, FI. 33401
LANDSCAPE EASEMENT AND MAINTENANCE AGREEMENT
THIS LANDSCAPE EASEMENT AND MAINTENANCE AGREEMENT made this
day of , 1997 by and between the CITY OF DELRAY BEACH, a Florida
municipal corporation of the State of Florida (hereinafter referred to as "City') and, Manor
House Condominium Association Inc. a Florida corporation, (hereinafter referred t° as
`.Manor House').
WlTN ESSETI-E.
WHEREAS, the City is the owner of a public parking lot located'north of the Camino Real
Holiday Inn which is located at the northwest intersection of Atlantic Avenue and A-I-A and
south of the property owned by the Manor House; and,
WHEREAS, as a condition of approval of the expansion of the Camino Real Holiday Inn,
the City required that a six feet (6') decorative wall be constructed five feet (5') south of the
north line of the public parking lot and that landscaping be installed in the 5' buffer north of
the wall and south of the Manor House property line (hereinafter the "landscaped wall"); and
WHEREAS, the parties have agreed to a landscape plan for the landscaped wall, which
plan was approved by the Site Plan Review and Appearance Board (`.SPRAB") on July 9, 1997;
and
WHEREAS, the City has agreed to give Manor House a landscape easement and Manor
House has agreed to maintain the landscaping within such landscape easement, at its sole cost
and expense, subject to the terms and provisions contained herein.
NOW THEREFORE, in consideration of the terms and conditions contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. The City hereby grants, conveys, and quit claims a Landscape and Maintenance
Easement to the Manor House, its successors and assigns, over, under, upon and across that
certain five foot (.5') strip of property more specifically described in Exhibit `.A' attached hereto
and incorporated herein (the Landscape Easement") for the purpose of maintaining, repairing,
replacing, and generally caring for the landscape materials and irrigation system located within
the Landscape Easement.
Page 1 of 4
2. The City agrees to install the landscaping materials in accordance with the landscape
plan approved by SPRAB on July 9, 1997 within the Landscape Easement. All landscaping
shall be warranted for a period of one year from the date of completion. The City shall
replace any dead plant material during the one year warranty period at its sole cost and
expense.
3. All landscaping (including grass and irrigation) within the Landscape Easement shall
be maintained by the Manor House at its sole cost and expense.
4. After the one year warranty period expires, the City shall not be responsible for any
improvements whatsoever which may be installed in the Landscape Easement.
Notwithstanding the foregoing, the City, or its authorized designee, shall be responsible to
maintain all landscaping located south of the landscape wall which may overhang above the
Landscape Easement.
5. Manor House, its successors and assigns shall be responsible for ensuring that a
source of irrigation water is available for maintenance and shall be responsible for all charges
for irrigation. The City shall coordinate installation of the irrigation system during construction
with the Manor House.
6. After the one-year warranty period expires, Manor House shall be responsible for
normal replacement of landscape material. Manor House, its successors, legal heirs and
assigns shall be responsible for replacement of plant material which fails as a result of
insufficient irrigation.
7. Manor House agrees to ensure that no sight obstructions for the traveling public on
A-1-A shall be caused by the maintenance of the landscaping on the north of the retaining
wall.
8. The City, or its authorized designee, agrees to maintain both sides of the 6' wall, at
its exclusive cost and expense, and shall replace all or any portion of the wall which may be
damaged or destroyed for any reason whatsoever.
9. Manor House, in consideration of the payment of $10.00 (Ten Dollars), and other
good and valuable consideration, receipt of which is hereby acknowledged, hereby agrees to
indemnify, defend and save harmless the City from and against all claims, suits, actions,
causes of action, demand, judgements, costs and expenses arising out of Manor House's
maintenance of the landscaping pursuant to the terms of this Agreement. In the event the City
shall be made a party to any litigation commenced against the Manor House or by the Manor
House against any third party, then Manor House shall protect and hold City harmless and
pay all costs and attorney's fees incurred by City in connection with such litigation, and any
appeals thereof.
Page 2 of 4
10. This Agreement 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.
11. This Agreement shall be effective when signed by all parties hereto and approved
by the City Council at a regular meeting.
12. Any notice or communication under this Agreement shall be in writing and may
be given by registered or certified mail. If given by registered or certified mail, the notice or
communication shall be deemed to have been given and received when deposited in the
United States Mail, properly addressed, with postage prepaid, If given otherwise, then 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:
CITY: David Harden, City Manager
City of Oelray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
MANOR HOUSE: Carol Cucci
Manor House Condominium
Apartment 420
100 North Ocean Boulevard
Delray Beach, FL 33483
with a copy to: F. Martin Perry, Esq.
F. Martin Perry & Associates, P.A.
1645 Palm Beach Lakes Blvd. Suite 1200
W. Palm Beach, FI. 33401
[INTENTIONALLY LEFT BLANK]
Page 3 of 4
IN WITN ESS WHEREOF, the parties have caused this Agreement to be signed on the date
written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Legal Form and Sufficiency:
City Attorney
~S/~~; MANOR HOUSE CONDOMINIUM
WITN ASSOCIATION, INC.
Print Name: /Y'(~/~d/..~2 ~I/"~C,t' Print Name:
.~-~-~ u.,_. ~ ~ Title: ~1~.[~
Prifft Name: /~...,,.., /'~,~,~ (Corporate Seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of
,1997 by Jay Alperin, Mayor, and , City Clerk. They are
personally known to me or has produced (type of identification) as
identification.
Signature of Notary Public - State
of Florida
STATE OF~'-6~ii~ ~_r.,..~
COUNTY OF
/~uThe foregoing instrument/~vas ackn~owledged before me this /O"/'nday of
~.S/" , 1997 by ( :~:~[ /__'~-,,, ~.~. . He/She is personally known to
'me o;' has produced /~Pr L~L (type of identification) as identification.
gig~atu~'e ~1~ NotarR/Publi(~- State
H:tCLIENT~,fANORU~nUsceI~-esmt.~'.wp~
· '~y ~O.t~tl:lJ~:iO~ ez~e8 ~'tt~ ].~ ].999.
Page 4 of 4
EXHIBIT "A"
DESCR I PT I ON
THE NORTH 5 FEET OF PARCEL 1
THE NORTH 5 FEET OF A PARCEL OF LAND BEING A PORTION OF ORIGINAL LOTS 13, 14., & 15. OCEAN
BEACH SUBO I V I S I ON, SECT I ON 16, T4-6S, R4.3E, DELRAY BEACH, PALM BEACH COUNTY, FLOR I DA, MORE
PART I CULARLY DESCR I BED AS FOLLOWS:
CO. NC I NG AT THE { NTERSECT I ON OF THE CENTERL I NE OF ATLANT I C AVENUE AND THE EAST R I GHT-
OF-WAY L I NE OF ANDREWS AVENUE EXTENDED; THENCE WI TH SA I D EAST R I GHT-.-OF-WAY L I NE
NORTHERLY 612.83 FEET TO THE NORTH LINE OF THE SOUTH HALF (S1/'2) OF ORIGINAL LOT 13 IN AN
EASTERLY D I RECT I ON 153. O0 FEET TO THE PO I NT OF BEG INN I NG; THENCE CONT I NU I NG ALONG SA I D
NORTH L I NE. 31 4.95 FEET I N AN EASTERLY D I RECT I ON TO THE WEST R I Gl'IT-OF-WAY L I NE OF OCEAN
BOULEVARD (S. R. A1A); THENCE WITH AN INTERIOR ANGLE TO THE LEFT OF 81 DEGREES 18' 07", 57.66
FEET I N A SOUTHERLY D I RECT I ON ALONG SA I D WEST R I GHT-OF-WAY L I NE; THENCE WI TH AN INTER I OR
ANGLE TO THE LEFT OF 98 DEGREES 41' 53', 306.02 FEET IN A ~ESTERLY DIRECTION; THENCE WITH AN
INTERIOR ANGLE TO THE LEFT OF 90 DEGREES 12' 30', 57.00 FEET IN A NORTHERLY DIRECTION TO THE
POINT OF BEGINNING.
CITY of DELRAY BEACH
EXHIBIT
ENVIBONMENTAL SEt{VICES I)EPABTMENT
434 S01J~ 5ql]]~0N &Uh~, DImitY BI~C~ I~J)E]g& 33~ 97-200
~ t ~/~
I~ PARCEL 1
I
m LOT 13
LOT 14
~~ A~AN~C AVENUE_ (SRSOe)
~c ~c~
CITY of DELRAY BEACH ~,-,o-,,
EN~RO~E~ SER~CES DEP~E~ ~
~ SO~ ~N A~ D~Y B~ ~A
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/ON - REGULAR MEETING OF FEBRUARY 3, 1998
ORDINANCE NO. 2-98 (AMENDMENTS TO THE COMMUNITY
REDEVELOPMENT PLAN) & RESOLUTION NO. 11-98 (ADOPTING THE
WEST ATLANTIC AVENUE REDEVELOPMENT PLAN)
DATE: JANIIARY 30, 1998
This is second reading and a public hearing for Ordinance No. 2-98
which amends the Community Redevelopment Plan. Exhibit "A" to the
ordinance is the bound, yellow notebook entitled "Community
Redevelopment Plan".
As a related item, the West Atlantic Avenue Redevelopment Plan is
proposed for adoption via Resolution No. 11-98. It is a
sub-document to the Community Redevelopment Plan and should be
adopted by separate motion. Exhibit "A" to the resolution is the
bound, beige notebook entitled "West Atlantic Avenue Redevelopment
Plan"
Recommend approval of Ordinance No. 2-98 on second and final
reading, and approval of Resolution No. 11-98.
ref:agmemo24
ORDINANCE NO. 2-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH;
FINDING THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED;
FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH
THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND
MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE
REQUIREMENTS OF FLORIDA STATUTES SECTION
163.360(6) (7); PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a
Community Redevelopment Agency as provided in Florida Statutes Section
163.356; and
WHEREAS, on December 23, 1986, the Board of County
Commissioners of Palm Beach County passed and adopted Resolution No.
R-86-2003 delegating the exercise of the powers conferred upon the
County by Chapter 163, Part 3, Florida Statutes, within the boundaries
of the City of Delray Beach to the governing body of the City of
Delray Beach completely and without limitation; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has heretofore approved a Community Redevelopment Plan on
September 9, 1986, by Resolution No. 49-86 as subsequently amended on
November 24, 1987, by Resolution No. 47-87, and as further ratified
and amended on February 14, 1989, by Resolution No. 6-89, and as
further ratified and amended on September 25, 1990, by Resolution No.
86-90; and as further ratified and amended on April 9, 1991, by
Resolution No. 28-91; and as further ratified and amended on November
26, 1991, by Resolution No. 93-91; and as further ratified and amended
on May 26, 1992, by Ordinance No. 17-92; and as further ratified and
amended on December 1, 1992, by Ordinance No. 60-92; and as further
ratified and amended on February 22, 1994, by Ordinance No. 5-94; and
as further ratified and amended on September 5, 1995, by Ordinance No.
48-95; and as further ratified and amended on March 5, 1996, by
Ordinance No. 8-96; and
WHEREAS, the Community Redevelopment Agency of the City of
Delray Beach, Florida, hereinafter referred to as the "CRA", has
heretofore adopted a Community Redevelopment Plan; and
WHEREAS, the CRA is desirous of modifying said Plan to
account for certain changes which have occurred since the last
amendment of the Plan, to account for modification or completion of
project components, and to provide for the addition of a new program
to the Plan; and
WHEREAS, the CRA of the City of Delray Beach has recommended
to the City Commission of the City of Delray Beach, Florida, that the
Community Redevelopment Plan be modified, amended and ratified in the
form attached hereto as Exhibit "A"; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications conform to the Community
Redevelopment Act of 1969, as amended; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications are consistent with the City of
Delray Beach's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications meet the applicable requirements
of Section 163.360(6)(7), Florida Statutes; and
WHEREAS, the City Commission shall hold a public hearing on
said modifications to the Plan, after public notice is given in
conformance with the requirements of Chapter 163, Part 3, Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the preamble stated above is hereby
incorporated by reference herein, as findings of fact upon which this
ordinance is based.
Section 2. That the Community Redevelopment Plan for the
City of Delray Beach be, and the same is hereby modified, amended and
ratified in the form attached hereto as Exhibit "A" and made a part
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 2-98
Section 4. That if any section, subsection, paragraph,
sentence or word or other provision of this ordinance, or any portion
thereof, or its application to any person or circumstance, be declared
by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of any
other section, subsection, paragraph, sentence or word or provision or
its application to other persons or circumstances and 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 ~OPTED in regular session on second and final
reading on this the 3rd day of February , 1998.
ATTEST:
~cit~ ~erk ~
First Reading January 6~ 1998
Re-read on 1st Reading, as ~dified - January 20, 1998
Second Reading February 3, 1998
- 3 - Ord. No. 2-98
RESOLUTION NO. 11-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING THE WEST ATLANTIC
AVENUE REDEVELOPMENT PLAN, AS AMENDED; FINDING THAT
THE MODIFICATIONS CONFORM TO THE COMMUNITY
REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT
THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF
DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER
FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF
FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a
Community Redevelopment Agency as provided in Florida Statutes Section
163.356; and
WHEREAS, on December 23, 1986, the Board of County
Commissioners of Palm Beach County passed and adopted Resolution No.
R-86-2003 delegating the exercise of the powers conferred upon the
County by Chapter 163, Part 3, Florida Statutes, within the boundaries
of the City of Delray Beach to the governing body of the City of
Delray Beach completely and without limitation; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has heretofore approved a Community Redevelopment Plan on
September 9, 1986, by Resolution No. 49-86 as subsequently amended on
November 24, 1987, by Resolution No. 47-87, and as further ratified
and amended on February 14, 1989, by Resolution No. 6-89, and as
further ratified and amended on September 25, 1990, by Resolution No.
86-90; and as further ratified and amended on April 9, 1991, by
Resolution No. 28-91; and as further ratified and amended on November
26, 1991, by Resolution No. 93-91; and as further ratified and amended
on May 26, 1992, by Ordinance No. 17-92; and as further ratified and
amended on December 1, 1992, by Ordinance No. 60-92; and as further
ratified and amended on February 22, 1994, by Ordinance No. 5-94; and
as further ratified and amended on September 5, 1995, by Ordinance No.
48-95; and as further ratified and amended on March 5, 1996, by
Ordinance No. 8-96; and as further ratified and amended on February 3,
1998, by Ordinance No. 2-98; and
WHEREAS, on July 11, 1995, the City Commission of the City
of Delray Beach did adopt, by motion, the West Atlantic Avenue
Redevelopment Plan as a part of the Community Redevelopment Plan; and
WHEREAS, the CRA is desirous of modifying said West Atlantic
Avenue Redevelopment Plan to account for certain changes which have
occurred since the adoption of the Plan; and
WHEREAS, the CRA of the City of Delray Beach has recommended
to the City Commission of the City of Delray Beach, Florida, that the
West Atlantic Avenue Redevelopment Plan be modified, amended and
ratified in the form attached hereto as Exhibit "A"; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications conform to the Community
Redevelopment Act of 1969, as amended; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications are consistent with the City of
Delray Beach's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications meet the applicable requirements
of Section 163.360(6)(7), Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the preamble stated above is hereby
incorporated by reference herein, as findings of fact upon which this
resolution is based.
Section 2. That the West Atlantic Avenue Redevelopment Plan
for the City of Delray Beach be, and the same is hereby modified,
amended and ratified in the form attached hereto as Exhibit "A" and
made a part hereof.
Section 3. That this resolution shall become effective
immediately upon adoption.
PASSED ~ ADOPTED in regular session on this the 3rd
day of February , 1998.
ATTEST:
- ~ ~it~ C~erk ~
- 2 - Res. No. 11-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~
SUBJECT: AGENDA ITEM # I~ - REGULAR MEETING OF FEBRUARY 3, 1998
ORDINANCE NO. 8-98 (INCREASED DENSITIES IN CERTAIN
PORTIONS OF THE CENTRAL BUSINESS DISTRICT)
DATE: JANUARY 29, 1998
This is second reading and the second public hearing for Ordinance
No. 8-98 which amends Section 4.4.13 of the Land Development
Regulations to allow residential densities in certain portions of
the Central Business District (CBD) to exceed the current maximum
of 30 units per acre. The density increase would only be
permitted as a conditional use and subject to compliance with
specific performance standards.
This proposal was initially workshopped by the Commission on
October 28, 1997. At that time direction was given to revise the
proposed ordinance in order to provide greater control and more
specific standards for the review of higher density projects.
These changes have been incorporated into Ordinance No. 8-98. The
attached Planning and Zoning Board staff report provides a more
detailed background and analysis of the changes.
The Planning and Zoning Board considered the proposed text
amendment at a public hearing on December 15, 1997, and voted
unanimously to recommend that it be approved. The Community
Redevelopment Agency has also recommended approval. At first
reading on January 20, 1998, the Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 8-98 on second and final
reading, based upon a finding that the amendment furthers the
goals, objectives and policies of the Comprehensive Plan which
relate to the revitalization of the downtown area.
ref:agmemol8
ORDINANCE NO. 8-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO ALLOW DENSITIES IN EXCESS OF THIRTY (30)
UNITS PER ACRE AS A CONDITIONAL USE WITHIN CERTAIN
SECTIONS OF THE CENTRAL BUSINESS DISTRICT, SUBJECT
TO SPECIFIED PERFORMANCE STANDARDS; 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 December 15, 1997, and forwarded the change with a recommendation
of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the 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 Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended as
set forth in Exhibit "A" attached hereto and made a part hereof.
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 its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 3rd day of February , 1998.
ATTEST:
- ~City-C~rk !
First Reading January 20, 1998
Second Reading February 3, 1998
- 2 - Ord. No. 8-98
EXHIBIT "A" to ORDINANCE NO. 8-98
PROPOSED AMENDMENT TO THE CBD DISTRICT REGULATIONS
Section 4.4.13 Central Business (CBD) District
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the CBD as a permitted use:
(4) Multi-family dwelling units, ~'' both ~-cc,, ..._,"*'~-'~',.,, ..... ,=, ....,....,"~""*;~',.,.., ~.,"* .... .~..,* ..... ..~ end
,,,,.....'~;""'~ ..... ..~ ~.,.~.....~,*"'~* ..... excluding duplexes, up ..... to a maximum density of thirty (30~ units
per acre except for the portion of the CBD located east of the Intracoastal Waterway.
where the maximum density is twelv~ (12) dwelling units per acre. ~
· 4~,,~11;,-,,~ ,,,~;~,~-, ,.~,-,~ I,-,,-.,.~4.~,4 ;r~ -~ ,.w,;v~,.4 ,,c,,~ 1-,,,;I,4;,.~,-, +1~, c.l..~-~ll I,~ ,-,l~,~.;,-.~lh, ~.~r~,-~,-.-~+~,.I
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
(15) Multi-family dwelling units, excluding duplexes, at a density greater than
thirty (30) units per acre, subject to the standards and limitations of Section 4.4.13(I).
(E) Review and Approval Process:
(4) Applications for conditional use approval pursuant .tO Section 4.4.13(I)
must include, in addition to the standard application items of 2.4.3(A), a site and
development plan (including landscaping, elevations, and floor plans) that are of
sufficient detail to determine that the applicable performance standards are being met.
Final approval of the detailed site plan is by the Site Plan Review and Appearance
Board.
(5) The process for modification of a conditional use and site plan approved
pursuant to Section 4.4.13(I) is as follows:
(a) Modifications to any aspect of the plan that was a basis for determining
compliance with the applicable performance standards shall be processed as
a modification to the conditional use approval.
(b) Modifications to the plan that do not affect the application of the performance
standards may be Drocessed as a site plan modification,
(4-) (6)All development applications which are processed through either the
Planning and Zoning Board or SPRAB shall be referred to the Downtown Development
Authority and the Community Redevelopment Agency prior to action by the approving
body.
Page 1 of 4
(H) Special Regulations:
(.4-)-(3) Minimum floor area for multi-family residential dwelling units shall be as
established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K).
/~ (4) Multi-family dwelling units may be located in structures that are comprised
of residential units only or in mixed-use buildings that contain a combination of
residential,~nd non-residential uses. However. where residential uses are located in
structures having frontage on Atlantic Avenue. there must be nonresidential uses
frontina the Avenue on the around floor. = .... *"-~;""' "*-'"* ........ *":": .... ',,
(I) Performance Standards: These standards shall apply to all applications
for new development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre.
(1) Residential development may exceed thirty units per acre as a conditional
use only on property located south of N.E. 2nd Street and north of S.E. 2nd Street. The
maximum permissible density of a particular project will be established through the
conditional use process, based upon the degree to which the development complies
with the. performance standards of this section, the required findings of Section
2.4.5(E). and other applicable standards of the Comprehensive Plan and Land
Development Regulations, Notwithstanding the above, the approving body may deny
~n application for increased density where it is determined that the proposed project is
riot compatible in term~ of building mass and intensity of use with surrounding
development.
(2) The applicable performance standards for development under this section
are as follows;
(a) The development offers variation in design to add interest to the elevations and
relief from the building mass. For example, the building setbacks or planes of
the facade are offset and varied. In structures having more than two stories.
stepping back of the upper stories (third floor and above) is encouraged to
decrease the perception of bulk. Building elevations incomorate several of the
following elements: diversity in window and door shapes and locations: features
such aS balconies, arches, porches: and design elements such a,s shutters.
window mullions. Quoins. decorative tiles, or similar distinguishing features.
Exhibit "A" to Ordinance No. 8-98 Page 2 of 4
(b) If the building includes a parking garage as an associated structure or within tho
principal building, the garage elevation provides unified design elements with
the main building through the use of similar building materials and color, vertical
and horizontal elements, and architectural style. The garage is designed in a
manner that obscures parked vehicles except in places where unavoidable, such
as entrances and exits. Development of a portion of the ground floor Derimete,
ad_iacent to street rights of way is devoted to window dis.Plays or floor area fo,
active uses such as retail stores, personal and business service establishments,
entertainment, offices, etc.. is encouraoed.
(c) A number of different unit types, sizes and floor plans are available within the
development, Two and three bedroom units are encouraged, as are a
combination of multi-level units and fiats. In pro.iects consisting of more than
twelve (12) dwelling units, the proportion of efficiency or studio type units may
not exceed 25% of the total units. There is no maximum percentage establishe, I
for pro!ects having twelve (12) or fewer units, however, a mix of unit types an, I
sizes is encouraged.
(d) The interiors of the dwelling units provide unieue features and conveniences thai
distinguish them from standard multi-family Dro_iects and create an attractive
living environment. Examples of some of the features that could be incorporated
to meet this standard are: ceiling heights of 9 feet or greater: extensive use Qr
natural lighting: panel doors throughout the interior: use of decorative moldinu
for baseboard, door and window casings: wood or ceramic tile flooring in all or ~
portion of the units: built in cabinetry_ and/or shelving: arched ent.ryways o,
passageways: individual laundry_ facilities: special security features; or ;,
combination of similar features and elements that meet the intent of thi,~;
(e) The development provides common areas and/or amenities for residents such aS
swimming pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards, or similar areas and/or amenities.
(f) The development promotes pedestrian movements by providing convenien[
access from the residential units to the public sidewalk system. Pedestrian area,,;
ad_iacent to the building are enhanced by providing additional sidewalk area al
the same level as the abutting public sidewalk. Accessways to parking areas aro
designed in a manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately ad!acent to the development ar,:
enhanced in a manner that is consistent with the streetscape in the downtow,,
area (i.e.. installation of landscape nodes, extension of existing paver block
system, installation of approved street lighting, etc,),
Exhibit "A" to Ordinance No. 8-98 Page 3 of 4
(g)The development provides opportunities to shere parking, accessways,
driveways, etc.. with ad!pining properties, or provides additional .parking spaces
that may be used by the .Dub!i(;,
(h) Pro!ects fronting on Atlantic Avenue. N.E. 1st Street. or S.E. 1st Street contain
nonresidential uses on the ground floor. The nonresidential ground floor space
has ceilings not less than ten (10) feet in height. At least fifty_ percent (50%) of
the surface area of the front street wall(s) at the ground floor of each such
building is devoted to display windows and to entrances to commercial uses from
outside the buildino.
(3) It is acknowledged that it may not be possible for .Dro!ects which involve
the modification of ..existing structures to comply with many of the above referenced
standards. For those types of pro!ects, the ultimate density should be based upon
compliance with those standards which can be reasonably attained, as well as the
pr~)ject's ability to further the goal of revitalizing the central business district (i.e..
~da.otive reuse of older structures and the provision of housing in close proximity
employment opportunities and services).
Exhibit "A" to Ordinance No. 8-98 Page 4 of 4
MEETING OF: DECEMBER 15, 1997
AGENDA ITEM: V.D. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
(LDRs), ALLOWING DENSITIES IN EXCESS OF THIRTY (30)
UNITS PER ACRE AS A CONDITIONAL USE WITHIN CERTAIN
SECTIONS OF THE CENTRAL BUSINESS DISTRICT (CBD)
The item before the board is an amendment to Section 4.4.13 of the Land Development
Regulations, Central Business (CBD) District zoning regulations. The amendment will
allow residential densities in certain portions of the CBD to be increased above the
current maximum of 30 units per acre, as a conditional use and subject to specified
performance standards. Pursuant to LDR Section 1.1.6, amendments to the Land
Development Regulations may not be made until a recommendation is obtained from
the Planning and Zoning Board.
As a result of the revitalization efforts that have been made in the downtown, the CBD
has become a vibrant shopping and entertainment district, with restaurants and clubs,
art and antique dealers, and quality retailers. One essential component to a
sustainable downtown which continues to be deficient, however, is the construction of
residential dwelling units. Residential development must be attracted to the downtown
to ensure its long term viability. This factor has long been recognized by the CRA, the
City Commission, and members of the community who have worked to revitalize the
area.
However, the development community has been slow to respond to the opportunities to
create residential units in the CBD, for a number of reasons. Providing new housing in
the downtown is especially difficult due to the problems and the costs involved in
assembling sufficient land. It has also become apparent that these problems are
exacerbated by the existing limitations on density, as described below.
_Current Regulations
Residential dwelling units are permitted in the downtown area at a density of 30 units
per acre, excluding the area east of N.E. 7th Avenue (which was previously identified
as the Coastal High Hazard Area--this has since been changed to the Intracoastal
Waterway) where it is limited to 12 units per acre.
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 2
There has been recent interest shown by developers in establishing quality residential
development in the downtown, however, the density limitations have been identified as
an impediment. The case of the renovation of the Huber Drugs building on East
Atlantic Avenue is a good example. The owner applied to convert the second floor of
the building to eleven (11 ) dwelling units, but was restricted by the density limits to four
(4). The remainder of the space must continue to be used as office, even though he
has had a great deal of interest from residential tenants. This is contrary to all of the
efforts that have been made to date to encourage residents living downtown. Similarly,
developers have approached the CRA about constructing new residential buildings, but
have found that the density limits don't allow for enough units to make the projects
viable. In most cases the projects will be limited to small sites, (perhaps as small as an
acre or two) due to the limited available land, and it does not make economic sense to
incur the costs of developing projects having 30 or so units.
At the City Commission meeting of September 23, 1997, Mayor AIperin noted his
concerns regarding these difficulties, and asked staff to determine if the regulations
could be addressed in order to facilitate the creation of dwelling units in the downtown
area.
At the Planning and Zoning Board worksession of October 13, 1997, staff proposed the
idea of eliminating density restrictions altogether in the CBD, for the following reasons:
· The dwelling unit per acre approach is more of a suburban concept, where it is
applied to vacant land on a gross acreage basis, and land for roads and open space
is then extracted from the total. Cities with urban centers typically do not use the
unit per acre concept for their downtowns, where public roads, infrastructure, and
open space areas already exist.
· The maximum density that is achievable in the CBD is already limited by height (no
more than 60 feet), setbacks, minimum unit sizes (which were recently increased),
parking requirements, and where applicable, open space requirements. These
provisions have the effect of limiting the mass and scale of buildings in the
downtown. If we are willing to live with these limitations for nonresidential
structures, they should be sufficient parameters for residential buildings, regardless
of the number of dwelling units that they contain.
· Due to the unique character of the Central Business District, the separate impacts of
residential, commercial, and office development are less relevant than the overall
impacts of the development mix. Controls should, then, be focused on the gross
intensity of development in the district rather than the net density of a particular use
within the development mix. Within the Central Business District the density of
residential development on a particular site is less relevant than the establishment
and maintenance of a sustainable mix of uses which provide for a balance of
dwelling units, services, and employment opportunities in a compact area.
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 3
The P & Z Board members expressed support for the concept of removing maximum
residential density requirements, but only for the core of the CBD--that is, the first two
blocks north and south of Atlantic Avenue (west of the Intracoastal). They also felt that
there should be some basic limits on the mix of unit types. In particular, they felt that
the percentage of efficiency and studio type units should be restricted. At the regular
meeting of October 20, 1997, the Board voted unanimously to approve an LDR
amendment that allowed development at densities greater than 30 units per acre as a
permitted use, subject to certain Iocational and unit mix restrictions.
The proposed amendment was discussed at the October 28, 1997 workshop meeting of
the City Commission. Several of the Commissioners expressed concern that there
were not enough controls to ensure that the higher density developments would be of a
quality and style that would enhance the character of the downtown. They gave staff
direction to rewrite the ordinance to allow the increased density as a conditional rather
than permitted use, and to make the approval subject to various performance standards
that would result in attractive, high quality development. The attached amendment has
been drafted pursuant to that direction.
The proposed amendment would allow the number of dwelling units per acre to be
increased above 30 within that portion of the Central Business District that is west of
the Intracoastal Waterway, between NE 2nd and SE 2nd Streets. The maximum
density within the portion of the CBD located east of the Intracoastal Waterway (as
opposed to east of N.E. 7th Avenue) would remain at 12 units per acre, in that it lies in
the Coastal High Hazard Area. Within this area, state regulations prohibit reductions in
hurricane evacuation times, which is most affected by the number of residents. Those
portions of the CBD north of NE 2nd Street and south of SE 2nd Street would maintain
the 30 unit per acre limitation. In these areas, the CBD narrows significantly, forming a
corridor centered on Federal Highway, between mostly residential established
neighborhoods. The corridors are relatively remote from Atlantic Avenue, and at the
fringe of the "compact urban core" of the traditional downtown. Due to these Iocational
considerations, residential density controls should be retained to assure compatibility
with surrounding land uses.
In order to develop projects with densities greater than 30 units per acre within the
allowable area, conditional use approval is required. In addition to the established
standards for approval of a conditional use (that the proposal will not have a detrimental
affect on surrounding neighborhoods nor hinder development or redevelopment of
nearby properties), certain performance standards must be met. These standards
relate to the following elements: building elevations and design; parking garage design;
unit types and mix; interior finishes and design; common areas and amenities;
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 4
pedestrian access and movement; provision of shared and/or public parking; and the
use of ground floor area adjacent to major streets in the CBD. The intent of the
performance standards is to mitigate the potential impacts of the increased density by
encouraging attractively designed development that is of a high quality, functions well
in a downtown setting, and is attractively designed, as further discussed below.
The style and quality of residential development is vital to the long-term success of
downtown redevelopment. One measure of quality is a reasonable mix of unit sizes
and their respective rents or values. Residential development in the downtown should
attract a stable, year-round population that will contribute substantially to the economy
of the downtown and the City. Therefore, it is appropriate to limit the proportion of
efficiency apartments in favor of larger units (standard "c"). A limitation of 25% for
efficiency units should produce such a reasonable mix of units sizes. However, this
limitation is only applied to larger projects, in order to allow additional flexibility for
second floor conversions and smaller redevelopment projects. Other measures that will
result in higher quality units are upgraded interior finishes and the provision of common
areas and amenities (standards "d" and "e").
The standards which relate to the functioning of the building in a downtown setting are
those that call for enhancement of adjacent pedestrian ways and streetscapes ("f"),
encourage shared parking or additional public parking ("g"), and require nonresidential
uses on the ground floor when fronting on specified streets [Atlantic Avenue, N.E. 1st
Street, and S.E. 1st Street ("h")].
The standards which encourage attractive design are those which call for an interesting
and varied facade which provides some relief from building mass ("a"), and which
provide guidelines for the exterior design of accessory parking structures ("b").
Pursuant to LDR Section 2.4.5(M)(5), Findings, prior to adopting an amendment to the
LDRs, 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.
The applicable policies are as follows:
Housing Element Policy B-3.4 (pending the effective date of amendment 97-1): The
City's Planning and Zoning Department will work with the Community Redevelopment
Agency to analyze the existing Central Business District regulations to determine if
there are significant regulatory impediments to the development of residential units in
the downtown, and will process the amendments necessary to eliminate those barriers.
This analysis will be conducted in FY 97198.
Future Land Use Element PolicyC-4.1 The Central Business District (CBD)
Zoning District regulations shall facilitate and encourage rehabilitation and revitalization
and shall, at a minimum, address the following:
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 5
· deletion of inappropriate uses
· incentives for locating retail on the ground floor with office and residential use
on upper floors
· accommodating parking needs through innovative actions
· incentives for dinner theaters, playhouses, and other family oriented activities
· allowing and facilitating outdoor cafes
· incentives for mixed use development and rehabilitation
· elimination of side yard setback requirements
· allow structural overhang encroachments into required yard areas
The proposed amendments fulfill the stated objective to eliminate certain impediments
to the development of residential housing downtown, and provide additional incentives
for the construction of mixed use development. A positive finding can be made that the
amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan.
By motion, recommend that the City Commission adopt the amendments to LDR
Section 4.4.13, Central Business District regulations, as attached, based upon a finding
that the amendment furthers the goals, objectives and policies of the Comprehensive
Plan which relate to the revitalization of the downtown area.
Attachments:
· Proposed LDRAmendment
· Letters of support
s:plannAdocume\pzcbdens.doc
~ AIRC'ONDITIONIIVG-H£ATIIVG 135 S. CONGRESS AVENUE · DELRAYBEACH, FL 33445
November 18, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hall
100 NW First Avenue
Delray Beach, FL 33444
Re: Initiative to Increase Density in Selected Areas of the Central Business District.
Dear Diane:
Regarding the City's initiative to encourage downtown residential development, I whole-
heartily support their efforts. I encourage your department and our Commissioner to
change zoning and density restrictions that inhibit this endeavor. Please add my name to
the list of supporters who want to see Downtown with a well-rounded and diverse
economic base.
David L. Henninger
President
Delray.' 278-5232 · Boynton: 734-7776 · West Palm: 655-6993 · Broward: 426-0008
Fax: 561-278-5499 · 1-800-560-5008
Mouw Associates, Inc.
Noven'i3er 24, 1997
Ms. Diane Dorninguez
Division of Planning & Zoning
Qty Hall
100 NW 1st Avenue
Delray Beach, FL 3~.~.
Dear Diane:
As you know, I have been pushing for a revitalized downtown for Delray Beach through
partidpation in the C.P,,~, The City Com~ssion, The Corm~ttee of 100, The Chamber
of Corrrnerce and vadous committees. It appears that we are alm:)st there.
The addition of modem, compact residential areas in the downtown would give a very
solid foundation to the retail growth we are currently enjoying.
Please do what you can to further this goal.
Thank you.
MOUW ASSOCIATES, INC.
Armand Mouw
Chairman
AM:ham
cc: Michael Weiner/Weiner & Modal
b:~anedom
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Pi.../',h~:t,J~t.,,:G & ZC'i itNG
General Contractors
P.O. Box 2690 · Delray Beach, Florida 33447-2690 · Telephone (561) 276-9640 ° FAX (561) 265-3886
THE BEZTAK COMPANIES
Real Estate Development, Construction, Management, Financing & investments
November 19, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hall
100 N.W. First Avenue
Delray Beach, FL 33444
RE: Initiative to increase density, in selected areas of central business district
Dear Diane:
It has come to our attention that the City, through a change in its local ordinances, will be
encouraging downtown residential development along Atlantic Avenue. I am in support of these
types of initiatives. It is only good planning to have our central city invigorated with both retail and
residential uses. Please add our name to the list of supporters who want to see a downtown with a
well-rounded and diverse economic base.
Ve~ ruly yours
"Paola M. Luptak
2295 Corporate Blvd. NW Suite 240 Boca Raton, FL 33431 (407) 998-8171 FAX (407) 998-7767
FELNER CONSTRUCTION, INC.
625 Auburn Circle West
Delray Beach, Florida 33444
(561)496-2000
(561) 265-4935FA
CGCA02243
November 11, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hal!.
100 N.W. First Avenue
Delray Beach, FL 33444
Re: Initiative to Increase Density in Selected Areas of the Central Business District
Dear Diane:
It has come to our attention that the City through a change in its local ordinances will be
encouraging downtown residential development along Atlantic Avenue. I am in support of these
types of initiatives. It is only good planning to have our central city in'vial)rated with'both retail
and residential uses. Please add our name to thc list of supporters who want to see a downtown
with a well-rounded and diverse economic base.
W :\WORKhMS WA0 ! 0~X)MllqGUE.N 11
November 17, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hall
100 N.W. First Avenue
Delray Beach, Florida 33444
RE: Initiative to Increase Density in Selected Areas of the Central
Business District
Dear Diane,
It has come to our attention that the City, through a change in its local ordinances, will be
encouraging downtown residential development along Atlantic Avenue. I am in support
of these types of initiatives. It is only good planning to have our central city invigorated
with both retail and residential uses. Please add our name to the list of supporters who
want to see a downtown with a well-rounded and diverse economic base.
Sincerely,
Michael F. Morrell
Chairman of the Board/CEO
1903 S. Congress Ave. - Suite 400 · Boynton Beach, FL 33426 · 561/737-2227 · 561/737-5008 FAX
November 11, i 997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hall
100 N.W. First Avenue
Delray Beach, FL 33444
Re: Initiative to Increase Density in Selected Areas of the Central Business District
Dear Diane:
It has come to our attention that the City through a change in its local ordinances will be
encouraging downtown residential development along Atlantic Avenue. I am in support of these
types of initiatives. It is only good planning to have our central city invigorated with both retail
and residential uses. Please add our name to the list of supporters who want to see a downtown
with a well-rounded and diverse economic base.
Very truly yours,
W:\WORKkMSWA010kDOMINGUE.N 11 ,.'"
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, P & Z DIRECTOR }~d~%'v~/,~~
I I~ ~g~-
FROM: JEFFREY A. COSTELLO, SENIOR PLANN~
SUBJECT: MEETING OF FEBRUARY 3, 1998
AMENDMENT TO LDR SECTION 4.4.24 TO ALLOW RESIDENTIAL INNS AS
A CONDITIONAL USE IN THE OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD); LDR SECTION 4.4.13 TO ALLOW RESIDENTIAL INNS
AS A PERMITTED USE IN THE CENTRAL BUSINESS DISTRICT (CBD); LDR
SECTION 4.3.3(X) (SPECIAL REQUIREMENTS FOR SPECIFIC USES
RESIDENTIAL INNS); AND APPENDIX A (DEFINITIONS).
This amendment has been requested by Rodney Romano, representing a proposal to convert
the Sundy Estates Apartments to a residential inn facility. Residential inns are currently allowed
in the RT (Resort Tourism) zoning district as a permitted use and in the POC (Planned Office
Center) zoning district as a conditional use. Currently, the only type of lodging permitted in
OSSHAD are bed and breakfast facilities. A request has been made to allow a type of use
.which combines hotel rooms and suites, associated with a restaurant. Within the CBD zoning
district hotels, motels, and bed and breakfast inns are permitted, therefore, it is appropriate that
residential inns also be permitted. 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 hearing regarding this item at its meeting of
January 26, 1998. There was no public testimony regarding the request. The Board suggested
that the term "residential inns" be changed to 'residential ty_pe inns", to avoid any confusion with
"Residence Inn", the corporate name for a chain of these types of hotels. After discussing the
text amendment, the Board voted 5-0 (Carbone and Young absent) to recommend to the City
Commission approval of the proposed amendment with the change as noted herein.
By motion, approve on first reading a text amendment to LDR Section 4.4.24 Old School
So. uare Histodc Arts Distdct (OSSHAD) be amended to include residential type inns as a
conditional use; Section 4.4.13 Central Business District (CBD). to allow residential type inns
as a permitted use; modify the related provisions to Section 4.3.3(X) (Special Requirements for
Specific Uses - Residential Type Irons). and Appendix A (Definitions).
Attachments:
· P&Z Staff Report and Documentation of January 26, 1998
· Ordinance by Others
/O.C,
ORDINANCE NO. 9-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, BY ADDING
'RESIDENTIAL-TYPE INNS' AS A PERMITTED USE IN THE
CBD; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)" SUBSECTION
4.4.24(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", BY ADDING 'RESIDENTIAL-TYPE INNS' AS A
CONDITIONAL USE IN THE OSSHAD; AMENDING SECTION
4.4.24(G) TO PROVIDE SUPPLEMENTAL DISTRICT
REGULATIONS FOR 'RESIDENTIAL-TYPE INNS'IN THE
OSSHAD; AMENDING SECTION 4.4.24(H) TO PROVIDE
SPECIAL DISTRICT REGULATIONS FOR 'RESIDENTIAL-TYPE
INNS' IN THE OSSHAD; AMENDING SECTION 4.3.3(X) TO
MODIFY THE SPECIAL REQUIREMENTS PERTAINING TO
'RESIDENTIAL-TYPE INNS'; AMENDING APPENDIX "A",
"DEFINITIONS", TO REVISE THE DEFINITION FOR
'RESIDENTIAL-TYPE INNS'; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on January 26, 1998, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(B), "Principal Uses and
Structures Permitted", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(B) Principal Uses and Structures Permitted: The
following types of use are allowed within the CBD District as a
permitted use:
(5) Hotels, Motels, ~ Bed and Breakfast Inns, and
Residential-Type Inns.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", Subsection 4.4.24 (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 A/lowed: The
following uses are allowed as conditional uses within the OSSHAD:
(6) Residential-type inns, not to exceed more than
eighteen (18) individually leased suites or rooms per acre.
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", Subsection 4.4.24 (G),
"Supplemental District Regulations", subparagraph 4.4.24 (G)(4),
"Parking Requirements", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(G) Supplemental District Regulations: Supplemental
district regulations as set forth in Article 4.6, except as modified
herein, apply:
(4) Parking Requirements:
(a) All non-residential uses, with the exception
of restaurants, shall provide one parking
space per 300 sq.ft, of total new or
existing floor area being converted to
non-residential use. This requirement may
be reduced to one parking space per 400
sq.ft, of total floor area, or by at least
one space, where there is a mix of
residential and non-residential use in the
same structure.
(b) Restaurants shall provide six spaces per one
thousand square feet of total new or
existing floor area being converted to
restaurant use.
- 2 - Ord. No. 9-98
(c) Residential-type inns shall provide one
parking space per guest room/unit. Other
accessory uses shall be calculated
separately based upon square footage of the
use area as provided for in subsections
4.4.24(G) (4)(a) and (b) above.
Section 4. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District" Section 4.4.24, "Old School
Square Historic Arts District (OS~HAD)", Subsection 4.4.24(H),
"Special District Regulations", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(H) Special District Regulations:
(1) Residential units within a structure containing
permitted non-residential use(s) shall not use more than 50% of the
gross floor area of the structure within which they are located.
(2) Residential uses shall comprise no less than 10%
of the uses in the OSSHAD District as expressed by the exclusive use
of individual parcels, other than condominium ownerships. The
existence of an occupational license, except for one issued for a
home occupation, shall establish that such a parcel is
non-residential.
(3) Residential-type inns shall create a transitional
or buffer area between residential uses and non-residential uses
(such as office, commercial, etc.) which are either on or near the
subject property.
(4} A residential-type inn shall be associated with
an historic structure and must be residential in design, scale and
character.
Section 5. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions" , Section
4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(X),
"Residential Inns", of the Land Development Regulations of the City
of Delray Beach, Florida be, and the same is hereby amended to read
as follows:
(X) Residential Inns: Residential-type inns ~I~~
~~/~ /~ /~~ /~/~ /~ /~~~ /~ /~ shall be
subject to the following provisions, limitations, and restrictions:
- 3 - Ord. No. 9-98
(1) The use must be located with frontage on, or
access from, at least one arterial or collector street as delineated
on the City's Transportation Element;
(2) The use must be located in proximity to office,
industrial, ~/~6~ or commercial uses;
(~) The minimum floor area per suite shall be ~ 45Q
square feet;
(4) Accessory uses may include recreational
facilities (i.e. swimming pool, whirlpool, jacuzzi, steam room,
tennis courts), meeting rooms, complimentary room service, and other
non-residential uses as permitted within the respective zoning
district.
(5) Parking shall be provided pursuant to Section
4.6.9(C) (7)(e).
- 4 - Ord. No. 9-98
Section 6. That Appendix "A", "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
RESIDENTIAL-TYPE INN A type of hotel or a multiple family
dwelling occupied exclusively by
non-permanent residents. It may consist of
one buildinq which contains the principal
and accessory uses, or qroups of buildinqs.
Suites may or may not include kitchens or
kitchenettes. Accommodations may be
comprised entirely of suites, or may include
a combination of sinqle rooms and suites.
The facility may also contain accessory uses
as otherwise permitted in the applicable
zoninq district.
Section 7. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 8. 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 9. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading:
Second Reading:
- 5 - Ord. No. 9-98
MEETING DATE: JANUARY 26, 1998
AGENDA ITEM: V.E. AMENDMENT TO LDR SECTION 4.4.24 TO ALLOW
RESIDENTIAL INNS AS A CONDITIONAL USE IN THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD); LDR
SECTION 4.4.13 TO ALLOW RESIDENTIAL INNS AS A
PERMITTED USE IN THE CENTRAL BUSINESS DISTRICT
(CBD); LDR SECTION 4.3.3(X) (SPECIAL REQUIREMENTS
FOR SPECIFIC USES - RESIDENTIAL INNS); AND APPENDIX A
(DEFINITIONS).
The item before the Board is that of making a recommendation to the City
Commission regarding an LDR text amendment to Section 4.4.24, Old
,School So. uare Historic Arts District (OSSHAD), to allow residential inns
as a conditional use; Section 4.4.13, Central Business District (CBD). to
allow residential inns as a permitted use; related provisions of Section
4.3.3(X) (Special Requirements for Specific Uses - Residential Inns): and
Appendix A (Definitions).
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.
This amendment has been requested by Rodney Romano, representing a proposal to
convert the Sundy Estates Apartments to a residential inn facility. Residential inns are
currently allowed in the RT (Resort Tourism) zoning district as a permitted use and in
the POC (Planned Office Center) zoning district as a conditional use.
Currently, the OSSHAD district allows bed and breakfast facilities as a permitted use,
however the special regulations regarding bed and breakfasts are very restrictive and
are limited to very special circumstances. A request has been made to allow a type of
use which combines hotel reoms and suites, associated with a restaurant. Within the
CBD zoning district hotels, motels, and bed and breakfast inns are permitted. As these
three uses are currently permitted, it is appropriate that residential inns also be
permitted within the CBD.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Adding Residential Inns to the OSSHAD and CBD zone districts
Page 2
In conjunction with this text amendment, the special use requirements pertaining to
residential inns are also being amended. The proposed changes will clarify and
condense the code section. It is noted that staff has modified the applicant's proposed
amendment in order to be more consistent with the existing LDR format, and to better
tailor it to the City's needs.
The proposed use will cater primarily to tourists and seasonal residents in the
downtown area. VVhile bed and breakfast inns are a permitted use in the OSSHAD
zoning district, the special regulations regarding bed and brealdasts are very restrictive
and are limited to very special circumstances. Bed and breakfast inns are also geared
toward tourism, however, they only allow non-permanent lodging for a maximum of 14
days. Since the inception of bed and breakfast inns in 1989, there has been only one
request for a bed and breakfast inn within the OSSHAD. The request was approved in
1990, however the use was never established.
Attempts have been made in the past to establish a bed and breakfast within existing
apartment buildings in the OSSHAD however as the apartment buildings in the district
are primarily not historic, and due to the interior design of the apartments (i.e. kitchens),
they do not meet the criteria for a bed and breakfast. These criteria include: no cooking
facilities, maximum stay (14 days), limitation on the number of employees, limitation of
the use to historic structures or sites, and requirement for a common area dining facility.
In order to encourage the adaptive reuse of these structures, adding the residential inns
to the district as a conditional use is proposed. In addition to allowing the residential
inns in the OSSHAD, there are also restrictions proposed in the OSSHAD to protect
against potential incompatibility issues regarding building design, scale, orientation.
Given the above, it is appropriate to allow a residential inn in the OSSHAD zone district
as a conditional use only, as the use may not be appropriate under certain
circumstances, or in order to mitigate incompatibilities, it may be appropriate to attach
conditions to the approval.
With regard to the CBD zone district, hotel, motels, and bed and breakfast inns are
currently permitted. Thus, there is no clear reason to exclude residential inns from the
CBD.
Some limitations on residential inns are currently provided through provisions found in
LDR Section 4.3.3(X) (Special Requirements for Specific Uses - Residential Inns).
These restrictions were established in 1985, when suite type lodging was a relatively
new concept. Modifications this code section are proposed which will eliminate or
reduce some of those restrictions. Significant changes include those which would
reduce the minimum floor area per suite from 500 sq.ft, to 450 sq.ft., and deletion of the
requirements limiting the maximum number of units to 200 and the density to 20 units
per acre.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Adding Residential Inns to the OSSHAD and CBD zone districts
Page 3
The maximum number of units and the density should be determined by the Land
Development Regulations (i.e. setbacks, building height, parking requirements,
landscape requirements, etc.), which is the case with hotels and motels. However, it
may be appropriate to limit the density in the Old School Square Historic Arts District
due to the residential character of the district. Municipalities that allow hotels and
motels in multiple family residential zoning districts generally allow them as conditional
uses. Most maintain density limits to ensure the intensity is in keeping with the adjacent
residential area. The density limit is typically 1% to 2 times the maximum density
permitted. With regard to the minimum floor area per suite, there is no clear basis for
the requirement. Typically, there are no minimum requirements for suites, however the
City currently has a minimum size for a hotel or motel room, which is 325 sq.ft. VVhile it
may not be appropriate to eliminate the minimum floor area in its entirety, is seems
appropriate to reduce it. The definition of residential inn is also being modified to allow
for a combination of suites and hotel rooms.
Historic Preservation Board
At its meeting of January 21, 1998, the HPB reviewed and recommended approval of
the text amendments.
Downtowrl Development Authority_
At its meeting of January 21, 1998, the DDA reviewed and recommended approval of
the text amendments.
Community_ Redevelopment Agency
The CRA will review the text amendment at its meeting of January 22, 1998. The
CRA's recommendation will be provided at that Planning and Zoning Board meeting.
Courtesy Notices:
A courtesy notice has been sent to the Old School Square Homeowner's Association.
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
By motion, recommend to the City Commission that LDR Section 4.4.24 Old School
Square Historic Arts District (OSSHAD) be amended to include residential inns as a
conditional use; Section 4.4.13 Central Business District (CBD). to allow residential
inns as a permitted use; modify the related provisions to Section 4.3.3(X) (Special
Requirements for SPecific Uses - Residential Inns). and Appendix A (Definitions).
Attachment:
· Proposed Ordinance
TO: DAVID T. HARDEN
CITY MANAGER ('"'~ ~-
"t.J~.,~ ,,~ ~/i ~. /~1
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING /~.~
SUBJECT: MEETING OF FEBRUARY 3, 1998
REZONING FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) AND RM
(MEDIUM DENSITY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SEACREST
BOULEVARD AND GULFSTREAM BOULEVARD.
The action requested of the City Commission is that of approval on first reading of an
ordinance rezoning a 5.49 acre parcel from R-l-AA and RM to CF. The subject property is the
eastern 2/3 of the Seacrest Presbyterian Church property.
/
This rezoning is being requested by the Seacrest Presbyterian Continuing Church for the
future expansion of the existing accessory school. Additional background and an analysis of
the request is found in the attached Planning and Zoning Board Staff Report.
At its meeting of January 26, 1998, the Planning and Zoning Board held a public hearing in
conjunction with review of the rezoning. No public testimony was taken for this case.
After discussing the proposal, the Board voted 4-1 (Schwartz opposed; Carbone and Young
absent) to recommend that the rezoning request be approved, based upon positive findings
with respect to LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning
Actions), and 2.4.5(D)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan.
::::::::::iiiiiii::iiii:::iiiiiiii::: iiiii!:::!!iiiiiiiiiiiiii:~ iiiiiiiiii:~i ii:iiiiiii!i iiiiiii~iiiiii i~iiiiiii ~!~ i~i~i~ i:i~i:i:~:~:~:~:~:~:i:i:~i:i:~:~::ii:i:i:i?:~:~:~:i:i~i:~:~:~i::~:?:~>:~:~:~:i~:::~i:~:~:*:~:;i::~:~::iii:>: i:.i:>x.::>>:.:i:~i;iiii!i!!;!j;~i~iiii! ~iiiii !ii i !iiiii iiiii!i !Jliiiiiii i !!~!!i iiiii ! !!!iii
By motion, approve on first reading the ordinance for the rezonJng from R-l-AA and RM to CF
and setting a public hearing date of February 17, 1998.
Attachments:
· 1126/98 P & Z 8taft Report, Ordinance by Others
4 ·
ORDINANCE NO. 10-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE
SEACREST BOULEVARD CONTINUING PRESBYTERIAN CHURCH
SITE LOCATED AT THE SOUTHEAST CORNER OF SEACREST
BOULEVARD AND GULFSTREAM 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-1AA (Single Family Residential)
District and RM (Medium Density Residential) District; and
WHEREAS, at its meeting of January 26, 1998, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
Plat of Seacrest Boulevard Continuing Presbyterian
Church, according to the Plat thereof as recorded
in Plat Book 55, Page 174, of the Public Records of
Palm Beach County, Florida, LESS the West 200 feet
thereof.
TOGETHER WITH:
Lot 1, Block 1, and that part of Block 1 lying
North of said Lot 1, Gulf Stream Estates, 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 Plat Book 12, Page 28, LESS the
North 25.00 feet of that portion of Block 1 lying
north of Lot 1, Block 1, Gulf Stream Estates, said
land situate, lying and being in Palm Beach County,
Florida.
TOGETHER WITH:
Lots 2, 3 and the North 35 feet of Lot 4, Block 1, .
Gulf Stream Estates, according to the Plat thereof
as recorded in Plat Book 12, Page 28, of the Public
Records of Palm Beach County, Florida.
The subject property is located at the southeast
corner of Seacrest Boulevard and Gulfstream
Boulevard.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 10-98
GULF STREAM BOULEVARD
25TH
TENNIS
COUR TS
N.W. 24TH CT. AOUACREST
POOL ~1~0
I lu~c~O0~
FOOTBALL
CF R-l-AA
RL
~ STR.
22ND ST. PINE RID(;[ RD.
OF THE N.J. 21ST ST.
PALMS '"h
w N.£. 20TH ST.
PLUMOSA
ELEMENTARY CF
N - REZONING-
~ SEACREST BOULEVARD CONTINUING PRESBYTERIAN CHURCH
C~I'Y ~ ~..J.~IAY ~'ACI~. ~ FROM: R-l--AA (Single Fomity Resldentiol) TO: CF (Community Focilit;es)
I~.ANNING a, ~ZOI~IIN~ DEPARTMENT ,tv Rbl (Medium Density Residentlol)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: January 26, 1998
AGENDA ITEM: V.A.
ITEM: Rezoning from R-l-AA (Single Family Residential) and RM (Medium
~ Density Residential) to .CF (Community Facilities) for the Seacrest
Boulevard Continuing Presbyterian Church, Located at the southeast
corner of Seacrest Boulevard and Gulfstream Boulevard.
GENE~L DATA:
Owner/Applicant ................................... Seacrest Boulevard Continuing Presbyterian Chumh
A~nt: .................................................... B~an & Associates-Amhitects/Plannem, Inc.
Donald E. B~an, President
Location ..... : ........................................ Southeast corner of Gulfstream Boulevard and Seacrest Boulevard
prope~ s~e ............................ : ......... 7.76 Total Acres (5.49 Acres to be rezoned)
Future Land Use Map.. ....................... Communi~ Facilities-Chumh and Medium Densi~ Residential
Cu~entZoning ............................. ' ..... ; CF (Commu'ni~' Facilities), RM (Medium Densi~ Residential) & R-I-~
(Single Family Residential)
Proposed Zoning ................................ CF
Adjacent Zoning ........................ No~h: Boynton Beach C1 & R-1-A
East: Ci~ RM & R-I-~
South: Ci~ R-I-~ & RM
West: Ci~ CF
Existing Land Use .............................. Existing Presbyterian Church and Christian School, vacant land, and three (3)
single family residences.
Proposed Land Use ............................ Rezoning the potion of the pmpe~ zoned R-I-~ & RM to CF to
accommodate the future expansion of the school, including the construction of
a one-sto~ 7,870 sq. ff. classroom building and a gymnasium.
Water Se~ice .................................... Existing on site. ·
SeWer Se~ice .................................... Existing on site.
V.A.
The action before the Board is making a recommendation on a rezoning request from
R-l-AA (Single Family Residential) and RM (Multiple Family Residential-Medium
Density) to CF (Community Facilities).
The proposed rezoning area consists of Lots 1, 2, 3 and the north 35' of Lot 4, Block
1, Gulf Stream Estates, and the eastern 2/3 of the Seacrest Boulevard Continuing
Presbyterian Church plat with a total area of approximately 5.49 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property
within the City.
The survey submitted as part of the rezoning request identifies the subject site as
Parcels A (eastern 1/2), B, and C. Parcel A was platted as Seacrest Boulevard
Continuing Presbyterian Church Plat in 1986, and Parcels B and C were platted with
Gulfstream Estates Plat in 1950. Approximately 1/2 of Parcel A (western portion) is
developed with the church facility and associated school and is currently zoned CF..
The eastern 1/2 of Parcel A contains two residences and vacant acreage. Parcel B
· ~. -contains a residence, and Parcel Cis vacant.
' The church and ~chool were built while under Palm-Beach County's jurisdiction, and
annexed into the City in 1980. Parcel A was given an initial zoning designation of R-
l-AA, in which churches and their accessory uses are allowed as a Conditional Use.
· Several Conditional Use modifications as well as site plan modifications have been
approved over the years involving the expansion of the church, the addition of an
administration building, the addition of classrooms, and parking. Parcels B and C
'.. ' Were annexed into the City in 1988 and given an initial zoning designation of R-1-A-C
(Residential Single Family/DupleX).
In 1990, with the Citywide rezoning, approximately 1/3 of Parcel A (western portion)
was changed from R-l-AA to CF to accommodate the church and school facilities,
and Parcels B and C were changed from R-1-A to RM (Multiple Family Residential-
Medium Density). Churches and the accessory uses are allowed as a permitted use
in the CF zone district.
P&Z Staff Report
Rezoning from R-l-AA and RM to CF for Seacrest Presbyterian Church
· Page 2
The development proposal is to rezone the eastern 2/3 of Parcel A, and Parcels B
and C from R-l-AA and RM to CF. The existing church and accessory school are
. currently zoned CF on the western 1/3 of Parcel A. However, it should be noted that it
is unclear where the eastern CF boundary line lies as its location appears to have
shifted over the years. The original rezoning in 1990 was not done with a legal
description but a general reference to the improved area of parcel A. To ensure no
acreage is omitted, an additional 200' is being included in the request, resulting in the
eastern 419' of Parcel ^ to be rezoned.
The rezoning would accommodate the proposed future expansion of the school to
include grades 6 through 8, including a new classroom building, softball and soccer
fields, basketball gymnasium and additional parking. Rezoning the subject parcels to
CF would bring these church-owned properties under the same zoning classification
as the existing church and affiliated school. In addition, by rezoning the subject
parcels, the requirement for a conditional use modification to expand the school into
the currently zoned R-l-AA and RM parcels would no longer be necessary.
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 f~ur areas.
Future Land Use Map: 'The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The current Future Land Use Map designations for the subject site is MD (Medium
Density Residential). The requested rezoning change is from R-l-AA and RM to CF.
The CF zoning district is deemed consistent with all land use designations shown on
the Future Land Use Map. Churches and their attendant facilities are a permitted use
in the CF zoning district.
P&Z Staff Report
Rezoning from R-l-AA and RM to CF for Seacrest Presbyterian Church
Page 3
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 rezoning request is a change frOm Single Family Residential (R-l-AA) and
Multiple Family Residential (RM) to a zoning which has the potential of a higher
intensity (CF), however, level of service standards as they relate to Water, Sewer,
Drainage, and Solid Waste can be accommodated. As the property will become
nonresidential, there will be a reduction on the impact on park facilities. The following
information is provided ~s it relates to Streets and Traffic.
Streets and Traffic:
A traffic study addressing the most intense development potential of the site at both
the existing and proposed zoning classifications is normally required. As the
development potential varies under a CF designation, and therefore difficult to
estimate, this requirement has been waived. The following is a general analysis of
the potential traffic impact.
The R-l-AA zone district generally permits 5 single family units per acre, and the RM
zone district permits up to 12 multifamily units per acre. Per the Palm Beach County
· Traffic Performance Standards Ordinance, a single family unit generates 10 Average
Daily Trips, and a multifamily unit generates 7 ADT. The current zoning designation
of R-l-AA and RM has the potential to generate approximately 226 daily trips. The
proposed zoning change to CF is to accommodate expansion of'the accessory school
use associated with the Seacrest Boulevard Continuing Presbyterian Church which
-. will result in an increase .in school capacity and therefore create additional traffic..
Depending on the number of additional students the traffic is expected to exceed the
current potential.
Any future development of the site will require a site development plan and a traffic
study indicating existing and future traffic generation rates and impacts on the
surrounding network. It is noted that Seacrest Boulevard is close to failing acceptable
Levels of Service and significant roadway improvements may be required before
additional development can be approved for this site. In addition, given the proximity
of the rezoning site to the residential neighborhood directly east, future development
will be directed to Gulfstream and Seacrest Boulevards, not Oceanview Avenue.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
P&Z Staff Report
Rezoning from R-l-AA and RM to CF for Seacrest Presbyterian Church
Page 4
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of
'- overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in the making of a finding of overall
consistency.
Chapter 3 findings include the required findings of Section 3.4.1 (Future Land
Use Map, Concurrency, Compliance with the LDRs and Consistency). These
Chapter 3.1.1 findings are discussed in other sections of the report.
Section 3.3.2 {.Standards for Rezoning Actions): The applicable performance
standards of Section 3.3.2 and other policies which apply are as follows:
A) That a rezoning to other than CF within a stable residential area shall be
denied.
The subject site is located adjacent to a stable residential area and the rezoning is to
CF, therefore, this standard is met.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed;
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
Parcels adjacent to and near the subject parcel to the north, south, and east are
primarily residential. As churches and their associated uses are permitted in the
current R-l-AA and RM zoning districts as conditional uses, the proposed use will be
compatible with the residences. The existing church and associated school are
currently zoned CF, and the proposed expansion of the school makes the rezoning of
the adjacent church owned properties to CF more appropriate. The setback and
buffering requirements of the CF district will help to ensure compatibility.
Standards "B" and "C" do not apply to this proposal.
Section 2.4.5(D)($) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1)
(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;
P&Z Staff Report
Rezoning from R-l-AA and RM to'CF for Seacrest Presbyterian Church
Page 5
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 eppropriate for the property
based upon circumstances particular to the site and/or neighborhood.
The applicant has submitted a justification statement as a part of the rezoning
application. The statement indicates that the applicable reason is "c." The
justification statement is summarized below.
The property which is being requested to be rezoned is adjacent to the
property which is currently zoned CF for church and school uses which is also
owned by the applicant. Rezoning the remaining land to CF as well would put
all of the applicant's property under one zoning classification and would
facilitate the applicant's plans to expand its operations onto that property
without the need for "special exception" and/or "conditional use" approval
requests on a "project-by-project" basis now and in the future. The current
zoning for the three parcels for which the CF classification is being requested is
of a "residential nature" (R-l-AA and RM) and is not appropriate for the uses
actually being planned for the property by the applicant.
The applicant is seeking to rezone the subject property in order to accommodate the
future expansion of the school without having to apply for Conditional Use approval as
required under the current zoning designations. Given that the church and school are
currently zoned CF, and the future expansion of these facilities is anticipated for the
subject properties, it is appropriate to rezone the properties to a similar classification.
A review of the Goals, Objectives, and Policies of the Comprehensive Plan was
undertaken and the following applicable Policies were identified.
Conservation Element Policy B-2.1: The submission of a biological survey and
a habitat analysis shall accompany land use requests for...rezonings...However,
the requirement shall not apply...where it is apparent that there are not such
resources.
The remainder of Parcel A to be rezoned is vacant except for two single family
residences. Parcel B is developed with a single family home, and Parcel C is vacant.
The parcels have been cleared and no significant biological resources exist on the
site. A tree survey will be required with any site plan submission.
P&Z Staff Report
Rezoning from R-l-AA and RM to CF for Seacrest Presbyterian Church
Page 6
Housing Element Policy A-1.3: The City shall provide "courtesy notices" to the
-- representatives of the various homeowner and neighborhood associations, of
upcoming advisory board meetings which involve land use and development
activities which may potentially impact their neighborhoods.
Courtesy notices have been sent to all neighborhood groups in the area. See the
Neighborhood Notice section under the Review by Others portion of this report.
Compliance with Land Development Regulations: The proposed use is to be in
compliance with the Land Development Regulations.
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
No sketch plan has been provided with this rezoning request, however a complete site
plan application (including site, landscape, and engineering plans) must be submitted
with any future site improvements. VVhile no conceptual site plan is being formally
considered at this time, the following comments are being provided.
LDR Section 4.3.4(K) Development Standards Matrix:
The CF zone district requires a 10' perimeter setback, which is required to be
landscaped. When the CF zone district is adjacent to residential zoning, the
perimeter landscape area should be increased to a depth of 15'; or, as an alternative,
either a wall, decorative fencing, or hedging should be installed. This requirement will
be reviewed with any site development application.
LDR Section 4.6.9 Parking:
The parking requirement for churches is one space per three seats. No additional
parking is required for accessory uses.
The rezoning is not in a geographic area requiring review by the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA
(Community Redevelopment Agency).
P&Z Staff Report
-- Rezoning from R-l-AA and RM to CF for Seacrest Presbyterian Church
Page 7
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. A special certified notice has been sent to each of the property
owners of record.
Courtesy notices have been sent to the following individuals and associations who
have requested notification of petitions in that area.
E! Seacrest Neighborhood Association
El Lake Ida Homeowners Association
Letters of support or objection, if any, will be presented at the P & Z Board meeting.
The proposed rezoning of the subject site to CF accommodates a use which is a
conditional use in the current zoning districts. The CF district would give the church
greater flexibility to expand the existing school while requiring larger setbacks and
buffers for adjacent residential properties. A complete site development plan package
with traffic study will be required with any future development of the site. The CF
zoning district is consistent with the Medium Density Residential FLUM designation.
Required positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings),
Section 3.1.1, and the performance standards of Section 3.3.2 can be made. Based
on the above, the proposed rezoning of the Seacrest Boulevard Continuing
Presbyterian Church property to CF should be approved.
A. Continue with direction.
B. Recommend rezoning of the subject property from R-l-AA and RM to CF, based
on positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings),
Section 3.1.1, and the performance standards of Section 3.3.2.
C. Recommend denial of a rezoning of the subject property from R-l-AA and RM to
CF, based on a failure to make positive findings.
P&Z Staff Report
Rezoning from R-l-AA and RM to CF for Seacrest Presbyterian Church
Page 8
Recommend approval of the rezoning request for the Seacrest Boulevard Continuing
Presbyterian Church properties from R-l-AA (Single Family Residential) and RM
(Multiple Family Residential-Medium Density) to CF (Community Facilities), based
upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2
(Standards for Rezoning Actions), Section 2.4.5(D)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Attachment:
· Location and Rezoning Maps
· Survey
filename:u:grahamc~ozrep~searez..doc
STREAM
GULF STREAM DRIVE
25TH
BONNIE VIEW RD.
25TH
TENNIS
GOUR TS
N.W. 24TH CT. AOUACREST
POOL
N.W. 24TH ST,
FO0 TBALL
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N.E. 22ND LANE:
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